Elements of government

Preface

The purpose of this small volume is, in brief, to set forth such guiding principles and truths of Civics as in the experience of the author seem essential for good citizenship. In it the author has endeavored to show how, out of the advancing wave of human progress, certain principles of government and political institutions spring forth which make for the highest order of citizenship ; and to explain whence and how historically the government under which we live, came into existence, and how it is conducted at the present time.

In every subject discussed in so small and elementary a treatise as this, much material must necessarily be omitted. The intention is not to present a household encyclopedia of interesting facts pertaining to the science of government, but to show Civics historically developed as the subject has been worked out and used by the author in the classroom. In a word, the purpose is to make clear to the pupil how historical situations evolved problems of government and solved them ; also, to arouse in him sufficient interest in present conditions so that he will see that there are new problems around him, the solution of which constantly demands his assistance.

In the preparation of this book, many more references were consulted than are given in the list suggested for the student's use. Experience has taught the author that it is not fair to assume that students in secondary schools can

IV PREFACE

master much of the source material frequently given as references on Government. The references given at the end of each chapter have been carefully selected. They are alphabetically arranged, are recent, cover the subject treated, and are such as almost any High School may reasonably be expected to have, or may get with small expense.

The experience of the author leads him to believe that with students of High Schools and Normal Schools the best results are obtained when the appropriate section and clause of the Constitution are presented for reference with the discussions in the various chapters dealing with the federal government. Endeavor has been made in all dis- . cussions to avoid technical and abstruse points upon which even constitutional lawyers may differ, but on the other hand to present such material as vitally concerns the present and future of our country. That material is everywhere about the pupil, and should be used to stimulate assertive citizenship in every community.

The author owes a-great personal debt to Dr. Henry H. Cherry. The " Civic Image," a textbook on Civics written by him, embodying his own very successful experience in the teaching of government, is in a large measure the inspiration of this manual on the subject. With his consent and approval, some of his book, in a revised form, is contained in this volume. Should this brief treatise arouse as earnest a study of the underlying principles of government and good citizenship as did Dr. Cherry's book, the author shall feel part of the personal obligation and gratitude he owes him paid ; falling short of that, no appreciation in a preface can even partially pay it.

The author is indebted to many teachers and former students for their invaluable suggestions and aid in the preparation of this work. Among those to whom, he is

PREFACE V

especially indebted, are Professor William A. Obenchain, of Ogden College, Bowling Green, Kentucky, and Mr. J. C. Castleman, of South Division High School, Milwaukee, Wisconsin, who carefully read the manuscript, offered important corrections, and made many valuable suggestions for improvement, the outgrowth of their scholarship and

wide experience as teachers.

ARNDT M. STICKLES.

Bowling Green. Kentucky.

April 6, 1914.

TO TEACHERS

Government may be and is taught in our secondary schools by either of two methods : as a separate course, or in connection with American History. Both systems have strong advocates, and both may be made effective. This work has been prepared with the idea of presenting the essentials of our government, ranging through the several units from the nation down to the township, in such a manner that the subject may be taught by either of the methods desired. At least one-half year should be given to its study for any results ; to cover the subject satisfactorily, a year should be taken.

In high schools where only limited library facilities are to be had, and where only one-half year can be given to Civics, few of the references appended to the various chapters can be used. On the other hand, where a longer time is allotted the subject, this text may be looked upon merely as a guide, and the reference study books used more extensively. This with the living, interesting material lying everywhere about the wide-awake instructor and pupil, will furnish ample material for a full year's course.

The usual custom of giving a list of suggestive questions after each chapter has been followed although the author doubts the pedagogical value of the practice. The true teacher will, it is believed, make little use of them, but accept them rather as a guide for the student.

Contents

Introduction. What the State Means

PAGE I

Part I. The Nation Chapter

I. American Colonial Government .

II. The Beginnings of Colonial Union

III. The Federal Government Organized .

IV. The New Constitution and its Ratification V. Putting the New Government into Operation

VI. The Lawmaking Department. The Composition, Work, and Organization of the Two Houses

of Congress

VII. How Laws are Made . . .

VIII. The Powers of Congress . . . . .

IX. Federal Control of Taxation and Commerce . X. Federal Control of Money and Banks XL National Legislative Prohibitions and State

Limitations

XII. The Executive Department

XIII. The Federal Judiciary

XIV. Interstate Relations and those between the

Nation and the States .

XV. Territories, and Public Lands .

XVI. Supremacy and Ratification of the Constitution

XVII. Amending the Constitution, and the Amendments

XVIII. International Relations . .

vii

5 13

57 84

99 123

156 167 206

230 236

251 256 268

Vlll

CONTENTS

Part II. The States And Local Government Chapter

XIX. Town and Township Organization

XX. The County

XXI. The State Governments under the Constitution

XXII. Controlling Powers of the State

XXIII. Municipal Government .....

XXIV. Problems of the City . ....

XXV. Education : A Problem of the State and Nation

XXVI. Political Parties of To-day and Their Organ

ization . . . . .

XXVII. Duties of the Citizen .....

Articles of Confederation .

The Constitution of the United States

PAGE 278

372 388

393 399

4ii

ELEMENTS OF GOVERNMENT

INTRODUCTION WHAT THE STATE MEANS

Man in Association. — There are evidences of grouping, of mutual understanding, and of primitive organization, even in the ancient myths which antedate authentic history. Whether, as is commonly believed, primitive men were warlike and selfishly looked after their own individual interests only, is not essential here; that there came a time when people trusted one another, when common interests and mutual safety brought about association and organization, is. on the other hand, of greatest importance to us.

Origin of Government. — What first led men into organized association is not altogether clear. Doubtless there was. even among the most barbaric and primitive peoples, some sort of family tie or relation. Probably it was man's helplessness in his childhood that suggested and gradually developed this idea. Whatever the cause, or reason, the family ultimately became a definite social unit. It may never have been an independent political unit in itself, but what is even more important, it became the nucleus of a larger organization, the political unit known as a horde, or clan. As soon as home fife, however

2 INTRODUCTION

crude and simple, began, organization and rules or laws naturally developed. Other institutions also started in the same elementary way. In a young savage being taught to make an arrowhead, or weave a basket, there is seen the germ of school life. Religious ideas early manifested themselves, and led to some form of common or tribal worship. The desire to gain what others possessed/ led, when force had proved ineffective, to the idea of barter! or exchange, in which is seen the inception of our gigantic modern commercial enterprises. Thus families expanded into clans, clans into tribes, and tribes into nations. And during this time, the home, the school, the church, business relations, and social life developed, broadened, and grew ever more and more complex and interrelated.

Purpose of Government. — It is not true, as is sometimes charged, that government was organized to limit and repress man. On the contrary, government may be defined as the obedience organized society enforces for its protection and perpetuity. As soon as men began to live together, even in the smaller groups, they plainly began to exercise self-control in their regard for the rights of others. Government, then, it will be seen, is intended to establish and perpetuate freedom and the general welfare of the governed, and to provide protection from such evil as might befall, them either from within or from without the state.

The State. — Reference has already been made to certain political units, such as the clan and tribe, out of which the idea of government grew as a natural consequence. When such a political unit becomes a clearly defined and independent group of people, permanently organized, and occupying a more or less clearly defined territory, it is called a state. In this use of the term state it has its broadest

WHAT THE STATE MEANS 3

meaning, i.e., it is practically synonymous with the word nation. 1

A state in this broad sense is rather difficult to define accurately, but may be understood through its attributes. It must have political organization, a relatively fixed territory, unity in action, common interests and laws, and a population with a predominant language. A state may then be defined as a limited territory controlled and inhabited by people with common political ideas and institutions. Though the state has assumed different forms in times past, the civilized world of to-day has practically only two of those forms left, the limited monarchy and the republic. Until recently Turkey and Russia were absolute monarchies, but democratic movements have resulted in Hmiting the ruler's authority in each.

In the limited monarchy, as in Great Britain and Germany, the ruler, generally hereditary, shares his power with an elective legislative body. In the republic, or representative democracy, the source of all political power lies in the ballot of its citizens. In the United States the republican form of government, based upon the will of the majority, is best adapted to our needs. While this form is not perfect, we are learning how to make it better as time goes on. Based as it is upon the intelligence and the patriotism of the voters of the nation, it would not do for Russia at present. Education in government is a matter of slow growth, and Russia's people have had little experience in managing the government of that state.

1 Thus the United States, like Great Britain or Germany, is a state. The student should distinguish carefully between this use of the word and the narrower use indicating one of the forty-eight parts or commonwealths of the United States.

Introduction

Andrews: New Manual of the Constitution, 9-22.

Ashley : American Government, rev. ed., 1-6.

Blackmar: Elements of Sociology, 3-1 1 ; 99-123.

Carver : Principles of Rural Economics, 1-13.

Hart: Actual Government, 21-32; 35-41.

Strong and Schaffer: Government of the American People, 3-15.

West : Ancient World, 1-10.

1. State two or three theories of the origin of government.

2. What is meant by institutional life ? Name five or six institutions society has developed.

3. Define government. Give purposes of government.

4. Define the term state or nation.

5. Define different kinds of national governments.

6. Why must a representative democracy depend upon intelligent voters ?

Resolved, That a limited monarchy is a better form of government than a republic.

PART I — THE NATION

Chapter I American Colonial Government

Explorations. — The fifteenth and sixteenth centuries are known in history as centuries of explorations. The reasons for this are many and various, some of which were an economic and commercial restlessness in Europe, a new and increased religious zeal, an unparalleled desire for adventure, and the new awakening to life's opportunities and possibilities brought about by the wide diffusion of learning which was made possible by the invention of the printing press. Perhaps the most important single result of this period, was the accidental discovery of the New World in 1492. Measured in terms of the effect this discovery has had upon the world's history, this was the crowning achievement of the era, if indeed not of all time. A detailed account of the discovery and explorations made within the contiguous territory now embraced in the United States will not be given here, as they may be obtained from any American history textbook. This period of exploration and settlement extended from 1492 to about 1600.

Spain's Possessions in Our Country. — As Spain was the first nation to discover the New World, she likewise was the first to plant settlements within the present confines of the United States. Claiming, as she did, the southern part of the present United States from coast to coast even as far north as the latitude of Virginia in the east, and still farther north in the west, she made no real effort at settlement except in the extreme south and southwest. So little of importance, as far as the political life of our nation is concerned, came of these or of her subsequent attempts at exploration and settlement, that Spain may be dismissed from our consideration at once. Never has a nation had so excellent a chance to add to her greatness, and so signally failed in doing so.

France in North America. — France was a close rival of Spain in Europe and likewise in America. She explored and early attempted settlements in the southeastern part of the United States, where she clashed with and was routed by Spain. Later she established permanent settlements in Canada, and in the eighteenth century gradually took possession of the Mississippi Valley to the west of her great rival, England. In the Great Lake basin, down the Mississippi, and at last in the Ohio Valley, she planted many settlements and forts, thus becoming an important factor in determining our early history, particularly in furthering English colonial unity.

England's Colonies. — After a little over a century of discovery, exploration, and unsuccessful attempts at settlement, England, at the beginning of the seventeenth century, began settlements with more organization and in greater earnest than before. Two commercial companies were formed in 1606, to which were given extensive grants along the Atlantic Ocean. To the one, called the London Company, King James I gave the right to plant a colony somewhere between 34 and 41 north latitude ; and the other, the Plymouth Company, was to establish its colony somewhere between 3 8° and 45 . The companies, however, were

AMERICAN COLONIAL GOVERNMENT 7

to keep their settlements one hundred miles apart. These companies were subject to the king under a charter given by him. The London Company made its first settlement in Virginia in 1607, but its charter, after being twice changed, was finally revoked entirely in 1624. In the South, the settlement of Virginia was followed, in the order named, by the settlement of the other English colonies of Maryland, the Carolinas, and Georgia.

In 1620, the Pilgrims settled at Plymouth within the confines of the Plymouth Company's domain. This was followed by the founding of Massachusetts Bay Colony in 1628, which later (1691) absorbed Plymouth, the two being jointly known as Massachusetts. The settling of the country went steadily on. New Hampshire, Connecticut, Rhode Island, New Jersey, and Pennsylvania were settled by the English ; while the Dutch settled New York, which was taken by England in 1664, and the Swedes settled Delaware, which was taken by the Dutch and afterwards by the English.

Government of the Colonies. — The forms of English colonial government in America are generally styled as charter, proprietary, and royal. There was, strictly speaking, no real charter government. A charter is merely an enumeration of definite rights that did not necessarily pertain to colony government. Hence the expression " charter government " is really a misnomer. In order to facilitate the settlement and development of the colonial territory, the crown created corporations, and vested them with the power to form settlements and colonies. Eliminating the charter idea, then, there would be only two forms of government left, viz. the corporation and the provincial. The corporation colony was one vested by the crown with legal capacities and powers for self-government. The provincial colony was one which was directly under the crown's control, the government of which was administered by such officials as a proprietor, or a royal governor. If, then, the colonial forms of government are given as corporation and provincial, the colonies at the time of the Revolution would be divided as follows : Corporation, — Rhode Island and Connecticut; partly corporation and partly provincial since 1691, — Massachusetts; provincial, — the three original so-called proprietary colonies of Maryland, Pennsylvania, and Delaware ; and those often called royal provinces, Virginia, the Carolinas, New York, New Hampshire, New Jersey, and Georgia.

Plan of Colonial Government. — The two self-governing and almost independent colonies, Connecticut and Rhode Island, are the only two of the thirteen whose government remained the same from their origin to the time of the Revolution. Indeed these two as states, Connecticut until 18 1 8, and Rhode Island until 1842, observed the forms of their corporate charters. With these two exceptions, the general plan of organization was about the same in all the colonies. Each colony had a governor, a council, and an assembly. In Connecticut and Rhode Island governors, councils, and assemblies were elected by the people. The English Board of Trade usually selected the governors for the other eleven colonies, and the crown appointed the Board's choice. In the proprietary provincial colonies, after 1696, the crown approved the deputy-governor who represented the proprietor.

The Council. — The council in the colonies generally consisted of twelve men, but varied somewhat in number. These were men of wealth and importance in the colonies

AMERICAN COLONIAL GOVERNMENT 9

who got their authority from the same source as the governors. In Massachusetts they were chosen by joint ballot of the general court after 1691. an exception to the general rule. The council served as an advisory board to the governor, and in all the colonies except Pennsylvania and Georgia it formed the upper house of the legislature. It is well to remember as a matter of history, that the assemblies often denied the council's legislative powers, since the latter generally sided with the governors ; also that they even went so far as to compel the governors and councils to give way entirely to them at times. Frequently the council served as a supreme court in the colony.

The Assembly and the Suffrage. — Each colony had an assembly whose members were elected by the people from the towns or counties as the local political units. These local units were changed or new units were added by law as the population increased. The right of suffrage was regulated by colonial law and generally was conferred only on property holders, holders of land in the South, and holders of either real estate or personal property in the North. Xo colony had universal suffrage, and the power and the qualifications of voters varied in the different colonies, as did also those of their representatives.

All the colonies except Pennsylvania and Georgia had a bicameral legislature, with the two houses — council and assembly — sitting apart. The acts of the colonial legislature were subject to the veto of the governor, who might summon. prorogue, and dissolve the assembly at will, or adjourn it for as long as he chose, to meet where he saw lit. Again. the acts were subject to the approval of the king, and while it was rarely done, sometimes he set them aside. From 1688 to 1775. constitutional growth was practically the same

IO THE NATION

in all the colonies. Gradually the assembly's power grew until it put strictures on the governor and council almost everywhere. It controlled the purse, and used this control frequently as a means of threatening the regents of the crown. Sometimes the assembly meddled with matters not strictly within its jurisdiction, but it is only fair to state that this generally occurred only when governors tried to be arbitrary or themselves meddled with affairs which were not within their legal rights.

The authority of the governors, as set forth in their commissions, was almost absolute. This authority, however, was usually softened by secret instructions from the king, who insisted that local conditions in the various colonies should largely determine the governor's course of administration. The assembly power was continually strengthened and furthered at the expense of the executive owing to the kind of royal officials the colonies received. It is a notable fact that the governors sent to the colonies were, with a few well-known exceptions, of small caliber and little influence. England, it seemed, considered America merely a good recuperating place for discredited and needy politicians. The power of the royal governors was thus greatly curtailed, and their acts, while temporarily harmful, ultimately aided the assemblies in their struggles for liberal enactments.

Courts. — The lowest form of court procedure was the trial of petty cases before a justice of the peace. Above these local petty courts were the county courts which settled civil cases up to a given amount of money, and criminal cases not involving death penalties. The highest colonial courts were those composed of the governors and councils, which acted as supreme courts or as courts of appeal.

AMERICAN COLONIAL GOVERNMENT II

Some important cases were taken before the Privy Council in England for final adjustment.

Local Government. — Local government was less uniforrn in the colonies. The old English parish practically became the town, and as such, was the smallest local political district in New England. The towns governed themselves and were also represented in the colonial assembly. New England had also the county in its organization, but it was of minor importance, its business being chiefly to maintain courts and clerical records. In the South, on the other hand, with the sheriff for leading officer, as in England, the county was, almost from the first, the real local political unit. In the Middle Colonies, there was a mixed system of town and county government. Gradually, but not until after the Revolution, the mixed system of local government spread everywhere.

Ashley: American Government, rev. ed., 41-45. Channing : Students' History, ch. III.

Fiske : Civil Government in the United States, 140-159. Garner : Introduction to Political Science, chs. Ill, X. Hart : Essentials of American History, chs. IV, VII. Johnston and Woodburn : American Political History, I, chs. I, II.

Kaye : Readings in Civil Government, 19-26. Muzzey: American History, 27-52 ; 81-103.

Strong and Schafer : Government of the American People, 17-28.

1. Why was the sixteenth century particularly a great exploring period ?

2. Why was Spain so active at that time in the New World, and why did her power gradually wane ?

3. Why did Spain's political ideas have no abiding effect on the future United States ?

4. France was a great rival of England. Did her political ideas affect the colonies ? How ?

5. State England's claims in the New World.

6. Time and purpose of the organization of the London and Plymouth companies ?

7. In the different charters given these companies there were a few interesting provisions relating to government. Find these provisions.

8. Note the differences in the geography of Virginia and Massachusetts ; also, differences in character of settlers ; and in different political notions of the early settlers of the two sections.

9. Distinguish between corporation and provincial colonies. Divide the colonies at the time of the beginning of the Revolution into these two classes.

10. Note the almost independent colonies of Connecticut and Rhode Island. How do you explain England's liberality toward them ? What were some special privileges allowed them ?

n. Define the powers of the colonial governors.

12. Define the general nature of the councils. How was a council chosen ? State its duties.

13. The Assemblies — How chosen? Duties? Relations to the governor and councils ?

14. Colonial Courts — How chosen ? Duties ? Appeals from ?

15. Who generally could vote in the colonies ? Good and evil of the system of restriction ?

16. Define the township and the county as local units in colonial government.

17. Point to likenesses and differences in the general plans of government among the colonies. How do you explain the differences ?

Resolved, That for England's own good and for the best colonial interests up to 1775, too much freedom had been granted Connecticut and Rhode Island.

Chapter II The Beginnings Of Colonial Union

Colonial Government a School. — Nothing else is so slowly learned by mankind as is government. The question before each generation of how to govern economically, fairly, and wisely so as to lay a foundation conducive to the welfare of the next, is probably the most difficult problem any nation has to solve. In the American colonies, naturally, there arose political questions, questions of expediency and of justice, which at first involved the interests of only one or, at most, only a few of them. Experiments in one colony, if successful, would soon be tried elsewhere. Colonial life, with its hardships and trials, proved, however, just the school the colonies needed to attend in order to fit themselves for their national future life. In the history of any nation's constitutional development, there are numerous events which have a distinct bearing on building up that nation's permanent plan of government. Those leading events and the steps which finally brought about the birth of the i^merican Nation will now be considered.

Union of Connecticut. — The union in Connecticut is generally given as the first step toward the uniting of the colonies. In 1639 the three hitherto independent towns and communities of Windsor, Wethersfield, and Hartford drew up a written constitution called the " Fundamental Orders of Connecticut." This practically made them independent. Bryce, the great English writer on American politics, called their constitution the hrst written instrument creating a government. Although Connecticut was an offspring of Massachusetts her form of government was more liberal, for in Connecticut there was no recognition of the English crown and no religious test for voting, both of which were required in the parent colony.

The League of the New England Colonies. — In 1643 another step was taken toward union. This was a league formed by Massachusetts, Plymouth, New Haven, and Connecticut. New Hampshire later became a member of this confederation, and Maine and Rhode Island attempted to become members but were rejected on religious grounds. The English government was at this time engaged in a life and death struggle with the Puritans, and hence could not supervise colonial affairs. So it was that these colonies entered into this league, as they said, " for mutual help and strength in all our future concernments." This union, known as the " League of the New England Colonies," was for the purpose of protection against the Indians, to oppose the English king, and to resist the encroachments of the Dutch and the French. Two commissioners from each colony met in one council to manage the joint affairs of the confederation, which had, undoubtedly, a greater influence in developing the idea of self-government, and in creating a sentiment for union among the colonists, than any other one thing. Contributions of men and money were based on the fighting strength of the various members of the league, Massachusetts being the largest contributor by far. This circumstance soon led to disagreement, for when, in 1653, demands for soldiers were made to carry on an Indian War, Massachusetts officials protested that they did

THE BEGINNINGS OF COLONIAL UNION 1 5

not see sufficient reason to accede to the demands of the league, and this is sometimes called the first nullifying ordinance in American history.

The plan of this union is most interesting and instructive in its pretensions. It held its meetings annually, when matters of war, peace, and Indian relations were discussed; provided for a court to settle intercolonial disputes ; and passed such measures as a provision for the return of escaped slaves and criminals. Here, then, were found many of the fundamentals on which the larger Union was later to be foimded.

Penn's Plan. — Following the dissolution of the New England League in 1684, there were no definite steps taken toward union for years to come. However, the idea was by no means lost sight of. In 1690, there was a meeting at New York of delegates from Massachusetts. Plymouth, Connecticut, and New York, to discuss methods of defense against the French and the Indians. Again, in 1696. the English Board of Trade was called upon to formulate a plan of union. Some uniform plan of handling the Indian problem was particularly desired. The following year (1697) William Penn presented his ideas of union to the Board. Under Penn's plan, each colony was to have two delegates, who should meet and form a congress which was to meet twice a year in times of war, and once in times of peace, the said congress to be presided over by a commissioner appointed by the crown. This commissioner was also to have command of the troops. This plan was the first effort to comprehend all the colonies in a union ; hence was of greatest importance. It also advocated ideas on the question of taxation, similar to those contended for by our Revolutionarv forefathers.