Handbook of American government

Preface

The general scope and purpose of this book are indicated by the title. The aim of the writer has been to prepare such a work as an American father might wish to place in the hands of his son, or an American teacher in the hands of his pupils, to serve as the basis of a complete knowledge of the facts and principles of the government of the United States.

The mission of this volume is to give in an economical and compact form, and in clear and concise language, the gist of the information contained in manylarger works.

The contents include a review of the nature and origin of our government, the Declaration of Independence with an account of the steps which led thereto, an explanation of the most important portions of the Constitution, a summary of the rights and duties of citizenship, the text of the Constitution, the history of the flag, valuable statistical tables, a series of "Search Light" questions calculated to arouse the interest of the reader and to stimulate him to research, and a list of works on government, suitable for perusal or reference.

It is hoped that this book will be a boon to students, a valuable aid to teachers, a desirable addition to home, school, and public libraries, a useful guide to vi PREFACE

the members of young people's societies now so extensively organizing for the study of government, a friend to the foreign born in our midst who have the American spirit and desire a knowledge of our form of government, and a convenient and practical handbook of reference for all inquirers concerning governmental topics. The book is committed to the kind consideration of all these classes, in the hope that it may be found worthy of their favor.

EDITOR'S NOTE

The last previous edition of Mr. Bartlett's excellent little work appeared in 19 12. Since that time, changes both in the powers and in the organization of the national government have been effected by the adoption of three additional amendments to the Constitution and by various important Acts of Congress. The scope of its activities has likewise been enlarged. Notable changes in the judicial system of the United States have been made. But above all, the waging and winning of the Great War have brought to the front the transcendent powers vested in the people's representatives by the Constitution, which remain latent and unnoticed in times of peace, but which may, in their exercise, affect the lives and conduct of all the citizens when a democracy is mobilized for war. For these reasons it seemed necessary to subject the book to a complete revision before again offering it to the public. In doing this, the Editor has taken advantage of the opportunity to explain or discuss at greater length various important topics mentioned in the original text, and to introduce comments or explanations of some clauses of the Constitution, or of the practical working of government under it, which had not previously been included. Thus modernized and enlarged, the book is commended to students in the schools and viii EDITOR'S NOTE

colleges, to foreigners seeking naturalization, and to readers of all classes, in the confident expectation that they will find it most instructive and useful.

Henry Campbell Black.

Washington, D. C.

March, 1920.

Contents

PAGE

The National Government, Its Nature and

Origin i

Government Under the Constitution ... 12

Amendments to the Constitution 91

Appendix

Declaration of Independence 114

Constitution of the United States . . . 121

The Flag 155

Books Recommended 156

THE NATIONAL GOVERNMENT.

ITS NATURE AND ORIGIN.

i. Nation Defined. — A nation is a people living in a country which they hold as their own, and united under a government which has control over that country and all its inhabitants.

2. National Government. — National government is the power or authority by which a nation is ruled.

3. Purpose of Government. — Civilized government is established to protect the people in the enjoyment of their rights and to promote the general public welfare and prosperity.

4. Obligation of the Citizen. — Loyalty to his country is the first duty of the citizen; and this means that he is bound to support and respect its Constitution, obey its laws, bear his just share of the expenses of the government, and render such personal service as is required of him, whether in civil life or in defense of the country under arms.

5. Forms of National Government. — National a HANDBOOK OF AMERICAN GOVERNMENT

governments are chiefly of three forms ; Monarchies, aristocracies, and democracies.

In a monarchy the sovereign power, or right of government is vested in one person, called a "king'' or "emperor."

A monarchy in which the power of the ruler is restricted by a constitution is called a constitutional or limited monarchy. An absolute monarchy is one in which the power of the ruler is not so restricted. In a constitutional monarchy (such as Great Britain, for instance) the king is only nominally the ruler. He takes no actual part in the government, which is carried on by the parliament, or legislative body, under the direction of a body of ministers who are responsible for their acts and decisions to the parliament and to the people. Such a government does not differ much from a democracy, and is often so called.

An aristocracy is a government by a few persons who form a privileged class.

An aristocracy may be one of birth, wealth, or culture. But no government of this kind exists today.

A democracy is a government of the people, by the people, and for the people.

Democracy is that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens. A pure democracy is one in which every citizen participates directly in the business of governing, and in which the body that makes the laws comprises the whole people. A representative democracy, or republican form of government, is one in which the people do not themselves make the laws, but elect representatives to do it for them. Equality of rights for all the people and equality of opportunity for all is the cardinal principle of democracy.

6. Government of the United States.— The government of the United States is a representative democracy, usually called a republic. Politically speaking, it is a union of forty-eight separate commonwealths called "States."

This is why the United States is often called "the Union." A form of government in which the separate states retain the right to make their own laws and to govern themselves in all matters which are not placed in the exclusive power of the Union or national government is called a federal government. This is why the government of the United States is spoken of as the "federal government," and its courts as the "federal courts."

7. Preservation of Republican Government. —

Republics are preserved only by the virtue, public spirit, and intelligence of the people.

8. Origin of the Nation. — The Nation was formed by the union, and separation from the mother-country, of the thirteen British colonies which existed here at the time of the Revolution.

A colony is a company of persons who have left their own country and have settled in another, but who still remain subject to the government of the country from which they came.

9. Original Colonies with Dates of Settlement. —

Virginia,

Massachusetts,

New Hampshire,

New York,

Connecticut,

Maryland,

Rhode Island,

Delaware,

North Carolina,

New Jersey,

South Carolina,

Pennsylvania,

Georgia,

10. Colonial Governments. — The special forms of government of the colonies before the Revolution were Provincial or Royal, Proprietary, and Charter.

1. The Provincial or Royal governments were under the direct control of the King, who appointed for each a governor, and a council which formed the upper house of the legislature. The people elected only the lower house, and therefore had little voice in the government. The relation of these colonies to Great Britain was much like that of our territories to the Nation.

2. The Proprietary governments were under the direct control of proprietors, to whom the land, with the right to govern the settlers, had been granted by the King. The proprietors appointed governors, and, in some cases, convened legislatures. But the supreme authority of the mother-country was strictly maintained.

3. In the Charter governments much more power was given to the people. They were granted charters by the King which gave them power to elect their own officers and to make their own laws.

A charter is a grant made by a monarch to the whole or to a portion of his subjects, giving them certain rights and privileges.

THE NATIONAL GOVERNMENT S

Massachusetts after 1691 was under a modified charter which vested the appointment of governor in the King. In this respect it was like a Provincial government.

11. Colonial Governments at the Commencement of the Revolution. — Pennsylvania, Delaware, and Maryland were held by the heirs of the first proprietors, Connecticut and Rhode Island had kept their charters, Massachusetts had a modified charter, and the other colonies were royal provinces.

Connecticut and Rhode Island were so content with the provisions of their charters that they lived under them until 1818 and 1842 respectively, in which years they formed State constitutions.

12. First Union of Colonies. — In 1643 Massachusetts, Plymouth, Connecticut, and New Haven united under the name of "The United Colonies of New England," for mutual protection against the encroachments of the Dutch and French settlers and the hostility of the Indians. This union continued forty years.

In the earliest years of our history there were those who realized that in union alone there is strength, and at various times during the seventeenth century plans for a general government were proposed by William Penn and others. None of these projects, however, received the approval of the British government.

13. Albany Convention. — Delegates from all the colonies north of the Potomac met in convention at Albany, N. Y., in 1754, to consider measures of defense against the French and Indians. In this convention Benjamin Franklin, whose motto was "Unite or die!" proposed a plan for a general government of all the colonies, to consist of a president-general to be appointed by the King, and a council of delegates to be chosen by the colonies. Though adopted by the Convention, as neither the colonies nor the mother-country approved this plan, it did not go into operation.

14. Stamp Act Congress. — In 1765 a congress of delegates from nine colonies met at New York and prepared a declaration of rights, and petitions to the King and Parliament praying that these rights might be respected. This was the first general meeting of the colonies for the purpose of considering their rights and privileges.

This Congress is called the "Stamp Act Congress," as the passage of that act by Parliament was the immediate cause of its assembling.

Parliament is the law-making body of Great Britain.

The Stamp Act required that stamps, bought of the British government, should be placed on all legal documents, newspapers, and pamphlets. The colonists, having no voice in Parliament, were indignant at this attempt at taxation without representation, and so loud was the outcry against it that Parliament soon repealed it, but still declared the right of Great Britain to tax the colonies, and passed other measures not less odious.

15. First Continental Congress. — This Congress, composed of delegates from all the colonies except Georgia, met at Philadelphia, September 5, 1774, and again asserted the rights claimed by the previous Congress and demanded the repeal of all laws by which those rights had been invaded.

These remonstrances were unheeded by Great Britain. "Repeated petitions" were "answered only by repeated injury," and the colonists determined to resist the execution of unjust and oppressive laws. There was no longer hope of reconciliation, and war and revolution became inevitable.

A revolution is a radical change in the government of a country. It involves the overthrow of an existing government and the establishment of one different in character.

1 6. Second Continental Congress. — This Congress assembled at Philadelphia, May 10, 1775, all the colonies being represented. This body provided for organizing the Revolutionary army, unanimously electing George Washington Commander-in-chief. After debating the question of separation from Great Britain with great energy, eloquence, and ability, on the fourth day of July, 1776, this Congress adopted the Declaration of Independence. Thenceforth the name "United Colonies" gave place to that of "The United States of America."

"The Declaration of Independence by the United Colonies," says Bancroft, "was prepared in the convictions of all the American people." They retained much of their old affection for England until the King's proclamation, August 23, 1775, declaring them rebels, showed that they could expect neither mercy nor justice from Great Britain. It then became evident that arms must decide the contest; and as the flames of war were kindling throughout the colonies, the fire of independence was kindled in the hearts of the people. The colonies became one in thought, spirit, and action, and demanded of Congress a declaration of independence.

Virginia, May 15, 1776, instructed her delegates in Congress to propose independence, and in obedience to that instruction Richard Henry Lee, June 7, 1776, introduced the following resolution :

"Resolved, That these United Colonies are, and, of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown; and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved."

The resolution was debated in committee of the whole from the 7th to the 10th, when further consideration was postponed to July 1st. The discussion was not concerning the principle of independence, on which all were agreed, but concerning the wisdom of issuing a declaration at that time.

On June nth a committee consisting of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston, was appointed to prepare a declaration in harmony with the resolution.

On June 28th this committee reported a draft of the declaration which was ordered to lie on the table. On July 1st Lee's resolution was again discussed, and on the following day, July 2d, was adopted by vote of twelve States, the delegates from New York refraining from voting pending the decision of the question by the people of that colony. On July 4th the declaration was adopted by the same vote.

"On the same day it was duly authenticated by the President and Secretary, and published to the world. The nation when it made choice of its great anniversary selected not the day of the resolution of independence when it closed the past, but that of the declaration of the principles on which it opened its new career." — Bancroft.

The declaration, having been engrossed on parchment was signed by fifty-four delegates August 2, 1776, and later by two others, fifty-six in all representing all the colonies, the convention of New York having approved the act July 9, 1776.

The Declaration of Independence was written by Thomas Jefferson, a few slight verbal alterations being made at the suggestion of Adams and Franklin. A few amendments to the original draft were made by Congress. The Declaration of Independence is printed in full in the appendix to this book. Every American should make himself familiar with it.

17. Government during the Revolution. — Each State had its own government. The only general government was that of the Second Continental Congress, which exercised supreme powers until 1781, when the Articles of Confederation were adopted.

18. Articles of Confederation. — These articles were an instrument which formed the basis of government for the United States from 1781 to 1789, and which aimed to unite the States in a firm league to secure their liberties and mutual welfare. These articles were wrong in theory and proved worthless in practice.

19. Defects of the Articles of Confederation. — No separate executive or judicial department was provided. Congress had little more than the power to recommend measures to the States. It could not lay taxes, regulate commerce, enforce the provisions of treaties, raise revenue, nor protect the States against rebellion. Congress had power "to declare everything but to do nothing.' ' Shays' s Rebellion in Massachusetts and the fear of similar outbreaks elsewhere, which the general government had no power to suppress, showed the weakness of the Confederation. Washington, Hamilton, and other leaders saw that "to form a new constitution which should give stability and dignity to the Union was the great problem of the times."

20. Constitution Defined. — A constitution is an instrument or fundamental law which prescribes the form of government for a country, declares and guaranties the rights and liberties of the people, and fixes the powers and duties of the different departments of the government. It is the supreme law, which all must obey, and any law or ordinance or official act which it forbids or which it does not allow is null and void.

Constitutions may be written or unwritten. England has an unwritten constitution, which consists of established customs, charters, and a multitude of laws and judicial decisions. Such constitutions are liable to changes by legislation establishing new principles of government, without the previous consent of the people. The wisdom of the founders of our government led them to form a written constitution, subject to change only by the deliberate action of the people.

As applied to written constitutions, two fundamental ideas are implied in the term "constitution." One is the regulation of the form of government, the other is the securing of the liberties of the people. Though the former only is essential to the existence of a constitution, the latter has been the principal object of all constitutions established within the last century or more, so that when we speak of "constitutional government," it is the latter idea — the securing of popular rights and liberties — that is chiefly dwelt upon.

It is important to remember that a constitution differs essentially from a statute or ordinary act of legislation. First, it is enacted or adopted by the whole people who are to be governed by it, instead of being enacted by their representatives sitting in a congress or legislature. Second, "a constitution can be repealed or modified only by the power which adopted it, that is, the people, but a statute may be repealed or changed by the legislature. Third, the provisions of a constitution refer to the fundamental principles of government, or the establishment and guaranty of liberties, instead of being designed merely to regulate the conduct of individuals among themselves. In other words, a constitution contains the people's belief as to the unchanging foundations of a just and stable government, their wish as to the kind of government under which they will live, and the definition of the agencies by which they mean it to be executed, while a statute relates only to matters of expediency, or of temporary interest, and is based on conditions which may change from time to time, so that it should not be permanent like a constitution.

21. Formation of the Constitution.— The Constitutional Convention, comprising delegates from all the States except Rhode Island, met at Philadelphia, May 14, 1787. Washington was chosen president. The Convention contained many men eminent for their ability and patriotism. The work before them was to form a complete system of republican government. The Convention held secret sessions for more than three months, discussing and settling the difficult questions that arose from the jealousies existing among the several States. On the seventeenth of September the Constitution was adopted by the Convention. Its ratification by nine States was declared to be sufficient for its establishment. When the Constitution was submitted to the people for their approval before the assembling of State conventions to decide upon it, a great contest arose, 'which was carried on by two parties that were immediately formed, — the Federalist and Anti-Federalist. The former, desiring a strong national government, supported the Constitution, while the latter, favoring a confederate government which should allow the States to retain more power than the Constitution gave them, opposed it. The people finally accepted the Constitution as a bond of union. Its establishment was assured by its ratification by the ninth State, New Hampshire, June 21, 1788. Thus it was declared that the United States is a nation and not a confederacy.

The Constitution went into legal operation on the fourth of March, 1789. Delaware was the first State to ratify it, December 7, 1787, and Rhode Island the last, May 29, 1790.

22. Summary. — We have now seen that the idea of a union existed among the colonists from the earliest years of their history ; that from time to time they entered into loosely governed leagues of friendship and confederacies for the general welfare; that experience showed the weakness of such associations; and that the interest and safety of all at last impelled them to form a "more perfect union" under a constitutional government.

GOVERNMENT UNDER THE CONSTITU- TION.

23. Preamble. — The first sentence of the Constitution, usually called the preamble, is an introduction or preface to the body of the instrument. It states the source of the authority and sets forth the purposes of the Constitution.

24. Authority of the Constitution. — The source of the authority of the Constitution is the people of the United States.

25. Purposes of the Constitution. —

To form a more perfect union.

To establish justice.

To insure domestic tranquillity.

To provide for the common defence.

To promote the general welfare.

THE NATIONAL GOA^ERNMENT 13

6. To secure the blessings of liberty to the people of the United States and their posterity.

26. Departments of the Government. — The legislative department, which makes the laws, the executive department, which enforces the laws, and the judicial department, which interprets the laws.

Experience has shown this way of distributing the powers of government to be well adapted to secure public liberty and private rights.

It is a fundamental principle of American government that these great powers (or any two of them) should not be confided to the same person or body, but that they should be given to separate departments, each independent of the others in its own proper sphere, and each forbidden to encroach upon the rights and powers of the others. But a certain blending of governmental powers permits each branch of the government to act as a restraint upon any arbitrary or unwise action of the others. In this way our Constitution establishes what is called a system of "checks and balances." For instance, the President appoints the principal officers of the government, but they must be confirmed by the Senate. So also he negotiates treaties, but they cannot become effective without the consent of the Senate. On the other hand, Congress makes the laws, but the President may veto them. The judges act as a check on both the other departments through their power to restrain unlawful official action and to refuse to give effect to laws which are contrary to the Constitution.

ARTICLE I.

THE LEGISLATIVE DEPARTMENT.

Section I. Congress

27. Legislative Powers. — All legislative powers granted in the Constitution are vested in a Congress of the United States.

28. Division. — Congress consists of a Senate and House of Representatives.

29. Reasons for Division. —

1. That both the people and the States may be duly represented. The Senate represents the States, and the House of Representatives the people.

In the Constitutional Convention the small States threatened to oppose the whole plan of a new government, unless in one branch they might have equal votes with the large States.

2. That each House may be a check on the other to prevent hasty and ill-considered legislation.

With two Houses each is likely to act with care and deliberation with the knowledge that its measures are subject to approval, revision or rejection by the other.

The word House is frequently used to designate either of the legislative bodies.

Section II. The House of Representatives

30. Election. — Representatives are elected by the people of the several States.

31. Representatives "at Large." — The division of States into Congressional districts, each of which elects one Representative, is made by the State legislatures. In some instances one or more Representatives in addition to those chosen by the districts have been elected "at large," that is, by the people of the whole State. This has been done in States which have failed to rearrange their districts after a new appointment has increased the number of Representatives to which they are entitled.

32. Term. — The term of office of a Representative is two years.

It is a fundamental principle of republican government that representatives shall be directly responsible to the people whose servants they are. In order that the people may have due opportunities of showing their approval or disapproval of the conduct of their representatives, frequent elections are necessary.

33. Salary. — The salary of a Representative is $7,500 a year. In addition, he is allowed mileage (to cover his expenses in going to and from the seat of government) and the pay of a clerk or secretary, and is supplied with stationery without cost.

34. Qualifications for a Representative. —

1. He must be not less than twenty-five years of age.

That he may have acquired the knowledge and experience necessary for the proper exercise of so important a trust.

2. He must have been seven years a citizen of the Umted States.

That he may be familiar with our institutions and may have a patriotic pride in sustaining them.

3. He must, when elected, be an inhabitant of the State in which he shall be chosen.

That he may know the needs of his State.

It is not required that a Representative shall reside in the district in which he shall be chosen.

35. Apportionment. — Representatives and direct taxes are apportioned among the States according to their respective numbers, that is, in proportion to the population.

36. Taxation and Representation. — The rallying cry of the people during the Revolution was, "Taxation without representation is tyranny." The colonists had been taxed without their consent and this was one of the principal causes which impelled them to a change of government. Remembering the experience of the people under an unjust system of taxation, the framers of the Constitution, by placing taxation and representation on the same basis as regards apportionment, designed to establish equality of taxation and representation as a principle of our government.

37. Ratio of Representation. — The present ratio is one Representative for every 211,877 inhabitants.

This does not mean that every Congressional district must have at least 211,877 inhabitants. The districts are arranged by the State legislatures with a view to distributing the population among the districts as nearly equally as the population of cities and towns will allow. It is not desirable to divide a town so that a part shall be in one district and the remainder in another.

The last apportionment was established by Act of Congress, July, 191 1.

38. Each State Entitled to Representation. — A State with a number of inhabitants less than the basis cannot be excluded from representation in the House. Each State, however small its population, shall have at least one Representative.

The admission of New Mexico and Arizona in 191 1, with an allowance of one Representative each, brings the total number of Representatives up to 435.

39. Census. — The census is the process of counting or numbering the population. It is taken every ten years. The first census was taken in 1 790 ; the last in 1920.

40. Territorial Representation. — Each organized Territory is allowed by Act of Congress to send one delegate to the House of Representatives, who has the right of debating but not of voting.

41. First Congress Under the Constitution. — The old Congress (under the Articles of Confederation) directed that the new Congress (under the Constitution) should meet at New York, on the fourth day of March, 1789. In the meantime the elections for President, Vice President, and members of Congress were to be held. A sufficient number of Representatives to constitute a quorum assembled on the first of April, and the Senate organized and chose its presiding officer on the sixth. The electoral votes were then counted, and George Washington was declared to have been elected President and John Adams Vice President. Washington went from his home at Mount Vernon to New York, and was sworn into office on the 30th of April. The Vice President had taken his place as President of the Senate. Thus the new government of the United States under the Constitution came into existence and began its work.

There was provision made for 26 Senators and 65 Representatives in the first Congress. The sixty- sixth Congress consists of 96 Senators and 435 Representatives.

42. Vacancies. — When a vacancy happens in the representation from any State, the executive authority thereof appoints a special election when the people elect a Representative to serve during the unexpired part of the term.

By executive authority is meant the governor, or the person performing the duties of that officer.

43. Power to fill Vacancy. — The power to fill the vacancy by appointment is not given to the governor, because the Constitution provides that Representatives shall be elected by the people. "Only the power that originally elects can legally fill a vacancy."

44. Speaker. — The presiding officer of the House of Representatives is called the Speaker. He is chosen by the House. As he is a regularly elected member, he has the right to speak and vote on all questions. His salary^is $12,000 a year and mileage.