American democracy; its history and problems

Front matter

Class _:.

Copyright N*"—---^

COPJORIGHT DEPOSIT.

Contents

PAGE

Purpose of This Book xiii

Summaries of Chapters xvii

CHAPTER. I Survivals of the Early English Usage in the United Staters at

THE Present Time

The Moot Court The Folk Moot

The Witan

The Curia Regis

The Ealderman The Shire reeve Trial by Jury

The Petition of G-rievances

Consent of Commons to Taxes

Majority Rule Established 1429 Limitation of Suffrage 1425 Responsibility of ministers in The Town Meeting

The Ward Meeting

The District Meeting in The City Council

The State House of Representatives

The Nationa-l .House of Representatives in The State Senate

The United States Senate in The President's Cabinet

The Supreme Court in The Alderman in The SheriflE in The Grand Jury

The Petit Jury in Bills brought before Legislative

bodies in The Right of Lower House to initiate money bills

— Still in force

— Removed in 1920

— Impeachment — Recall

Privileges of Members of Parliament Freedom of Speech Freedom from Arrest

Privileges of Members of Legislative Bodies Freedom of Speech Freedom from Arrest

Names to Be Remembered

King Alfred

King Edward the Confessor

Stephen Langton

Simon de Montfort

Edward I

John Grindecobbe

William Caxton

Events to Be Remembered Death of Alfred — 901 Norman Conquest — 1066 Magna Charta — 1215 First English Parliament — 1265 Majority Rule Established — 1429 Constitutional Gov't Established by the end of the 14th century

The Rise of the Common People The Peasant'9 Revolt — 1381 Serfdom in England ended by

Jack Cade's Rebellion — 1450 1450

A Short History of the English People — John Richard Green

Any other reliable History of England

xvii xviii SUMIVIARIES

CHAPTER II The Tudors 1485-1603 The Stuarts 1603-1688

Henry VII James I

Henry VIII Charles I

Edward VI (Commonwealth)

Mary • Charles II Elizabeth James II

Contrast All ruled despotically under consti- The people began to question the tutional forms.. They disregarded authority of their rulers and

the real desires of the peo])le and all the Stuarts had to struggle

established arbitrary institutions with Parliament for Supreme

that were hard to break down Control

Arbitrary Courts Unlawful Taxes

Star Chamber Court Forced loans

Court of High Commission Benevolence

Ship money (Under Charles I)

Important Events that Helped Toward Democracy 1628 Petition of Right — Confirmed Magna Charta

1688 Bill of Rights — Established Parliamentary Control of

King 1832 First Reform Bill — Abolished Rotten and Pocket Boroughs and gave representatives to new cities 1867 Second Reform Bill Extended suffrage to male house-

holders 1872 The Ballot Act — Vote by ballot instead of by voice

1885 The Third Reform Bill — Granted practically universal manhood suffrage 1911 The House of Lords lost veto power 1918 The Fourth Reform Bill — Granted suffrage to women

Demands of Chartists — 18 48

Annual Parliaments — 5 year parliament established — 1911

Vote by ballot — Granted — 1872

Universal suffrage — Granted — 1918

Payment of Members of Commons — Granted — 1911 Abolishment of Property qualifications for Members of Commons — Granted Equal Electoral districts — Granted

Advanced Legislation in England

Municipal Ownership of Public Graduated Taxes

;\^J^T Old Age Pension

Lighting National Insurance for Workers

Local Transportation Insurance against Unemployment

A Short History of the English People— John Richard Green

History of Our Own Times — Justin McCarthy

History of Modern Europe— Hayes, Hazen, Seignobos, Shapiro, West

SUMMARIES xix

CHAPTER III Colonial Assemblies in America

The House of Burgesses— Virginia The House of Representatives- Massachusetts The General Court — New England The House of Commons— South Colonies Carolina

Growth Toward DEMOCRAeY Helped

by representative assemblies in all colonies

by religious toleration in Maryland, Pennsylvania, Rhode Island, New York

Movements Toward Union

1643 The New England Confederation

1754 The Albany Congress

1765 The Stamp Act Congress

1774 The First Continental Congress 1775-1781 State Constitutions adopted

1775 The Second Continental Congress

1776 Declaration of Independence

1781 Cessation of Western Lands to the United States

1787 The Constitutional Convention

1789 Ratification of Constitution

1789 United States under Constitution

Steps in Progress Toward Democracy

The General Usage of Colonial Assemblies

The Introduction of Religious Toleration as a Principle in a Few Colonies

The Removal of Religious and Property Qualifications in New States

Like action by Older States The Common People begin to hold Offices The Democratic Institutions of the West The Beginning of Labor Unions with Labor Programs The Growth of Education in Public and Private Schools The Emancipation of Negroes

The Introduction of Referendum, Initiative, and Recall The Election of Senators by Popular Vote The Primary Elections The Introduction of "Responsibility" in Local Government

The City Manager Plan

The Commission Form of City Government

Home Rule Charters The Passage of Woman Suffrage

Burke — On Conciliation with America

James Otis — In Opposition to the Writs of Assistance

Patrick Henry — Give Me Liberty or Give Me Death

Benjamin. Franklin's Examination before the House of Commons

A. B, Hart's History by Contemporaries (4 volumes)

General References:

Histories of United States by Fiske, McMaster, Channing, Beard, Fite, West, or any other.

XX SUMMARIES

CHAPTER IV Main Provisions of Magna Charta — 1215 Fair and Prompt Trial by Jury Regulation of Trade

The Right of the Council to Impose Removal of Unjust Tariffs

Taxes Beginning of the Profession of Law

Uniform Weights and Measures Equality of Freemen before Law

Courts made more free Civil War made Legal

Ov/nership of Tools by Producers

The King's being made subject to Barons was the beginning of Parliamentary Government

The Publication of Magna Charta was the beginning of Open Treaties

From Magna Charta

"Justice shall not be sold or delayed or refused to any man." Note: "The Taxing Power is the Sovereign Power."

Main Divisions of the Declaration of Independence — 1776

The Statement of Purpose

To Justify action of American Colonists

The Statement of Inalienable Rights

The Right of life, liberty, and the pursuit of happiness

The Great Doctrine of the Declaration

"Governments derive their just powers from the Consent of the Governed"

The Justification of Revolution

The right of the people to alter or abolish unjust government

The List of Grievances

The Declaration of Independence

Emancipation Proclamation An exercise of the War Power of the President of the United States

Minor Documents of Liberty The Provisions of Oxford The Charter of Rhode Island

The Mayflower Compact Penn's Charter of Pennsylvania

The Virginia Charter The Constitution of Virginia

The Toleration Act of Maryland The Mecklenberg Resolutions

Principles of Just Government as set forth in Philadelphia, 1918

Just government comes from the consent of the Governed Inalienable right of any people to organize their own Government Kindred peoples should co operate for common welfare A league of civilized nations of the world should enter into a common and binding agreement to secure justice and peace for all men

Liberty Documents — Mabel Hill

The Oration delivered July 4, 1918, by Woodrow Wilson

SUMMARIES xxi

CHAPTER V The Constitutional Convention

The Two Plans

The New Jersey Plan — a revision of the Articles

The Virginia Plan — an entirely new scheme of government

Special Work by Individuals

Washington presided Gouverneur Morris revised final

Franklin acted as peacemaker draft

Madison kept secret Journal Mason and Gerry aided by

Hamilton made issues plain Franklin fought against aristocracy

Signers 39 members signed (representing 12 states), 12 members had withdrawn Randolph, Mason, and Gerry refused to sign

Notable Absences

Jefferson — Minister to France Samuel Adams

John Adams — Minister to England Richard Henry Lee, and

John Jay — Secretary of Foreign Patrick Henry disapproved of the

Affairs Convention

Men Who Helped Secure Ratification Madison, Hamilton, and Jay in the Federalist Papers Madison and Marshall in Virginia Convention

John Hancock and Samuel Adams in the Massachusetts Convention Hamilton in New York Convention

Checks and Balances

Congress makes the Laws — The President can veto laws

The President appoints Supreme — The Supreme Court passed on laws

Court The President and Senate make — The Senate has charge of Impeach-

treaties and appoint Ambas- ment of President

sadors

Original Purpose of Separation of Powers

The English system of checks (now The American system to check "tur-

obsolete) to check autocracy of bulency" of the people king

Common Results of Our System To give public opinion time to grow for or against measures A deadlock between President and Congress Nullification of needed laws by Supreme Court

The Critical Period — John Fiske

Shall Liberty or Empire be Sought — Patrick Henry, 1788

On the Adoption of the Federal Constitution — Hamilton, 1788

On the Federal Constitution — John Marshall, 1788

Madison's Journal of the Constitution,

Confederation and Constitution — McLaughlin xxu

Chapter VI

"We must study the government with a view to discovering its usefulness to the people." — John Fiske.

The "Bill of Rights" of the Constitution

The First Ten Amendments

They forbid Congress to interfere with freedom of religion of the press of speech of petition

They prohibit

general warrants

excessive bail

cruel punishments

quartering of troops They guarantee trial by jury

They limit the federal government to powers enumerated in the Constitution

Changes by Amendments

President and Vice president of

one party, 1804 Slavery abolished, 1865 Negroes made citizens, 1870 Election of Senate by Popular

Vote, 1913 Tax on incomes made legal, 1913 Abolition of manufacture and

sale of spirituous liquors, 1919 Women given suffrage, 1920

Changes by Practice

Popular Election of President National Political Conventions The President's Cabinet Increased power of the President

Changes by Interpretation Made

Possible The Louisiana Purchase, 1804 The Establishment of a National Bank Internal Improvements such as

the Cumberland Road The Regulation of Interstate Commerce as in the Pure Food Law

Changes by New Devices Primary Elections The Referendum The Recall The Initiative

"The Principle of the initiative and the referendum is democratic. It will not be opposed by any Democrat who indorses the Declaration of Jefferson that the people are capable of self government; nor will it be opposed by any Republican who holds to Lincoln's idea that this should be a government of the people, by the people, and for the people."

— Bryan Two best books by Foreigners on U. S. Government:

DeToqueville — Democracy in x\merica — 183.5

James Bryce — The American Commonwealth — 1888

Proposed Changes

Proportional representation Compulsory Voting Introduction of Budget System Government ownership of Public

Utilities and public resources Curtailing power of Supreme

Court

Free Government Reports The Laws of the United States Farmer's Bulletins Political Economy Labor Education Animal Husbandry And numberless others

American Government — Magruder

Contemporary American History — Beard

The New American Government and its Work-

-J. T. Young

XXlll

CHAPTER VII Political Parties 'He serves his party best who serves his country best." — R. B. Hayes

Principles of Democratic Party in 1920

Low tariff for revenue only Greater popular control Against imperialism Against compulsory arbitration of labor disputes in private industry

Recognition of any "stable" government in Mexico

Private ownership of Railroads without public subsidies

For the Versailles League of Nations

Principles of Republican Party in 1920

High tariff for protection as well as

revenue Narrower control of government Imperialism Compulsory courts for arbitration of

labor disputes in public industry

Note: in 1920, the platforms of both parties stated the issues in very general terms

A "Firm Hand" in Mexico

Private ownership of railroads and shipping

Against Versailles League of Nations without reservations

Socialist Party 1920

Cancellation of all War Debts Dissolution of League of Nations Creation of Representative International Parliament Universal Disarmament Recognition of Russia and Ireland Revision of Treaty of Peace Foreign investment at risk of investor

Farmer Labor Party 1920

Refusal of War with Mexico Non exportation of weaker people Recognition of Ireland nnd Russia Independence of our foreign possessions Abolition of secret treaties Public ownership of all utilities

and monopolies Right of labor to share in industry

Labor

Wendell Phillips said that the Emancipation of Labor would be the next step after the Emancipation of Slaves

Cleveland, the first president to do so, dealt with Labor in a special message in 1888

The Clayton Anti Trust Law passed in 1913 declared that labor was not a commodity, that labor unions were not trusts or combinations in restraint of trade. This has been called "Labor's Declaration of Independence"

The American Federation of Labor has followed a conservative policy favoring

Conservation

Municipal and Government Ownership of natural monopolies

The eight hour day The six day week Prohibition of child labor

Workingman's Insurance against accidents and illness and unemployment xxiv SUMMARIES

CHAPTER VII (Continued) The Tariff The first tariff in 1781

One of Alexander Hamilton's great financial measures to pay the national debt tx) carry on the government to encourage and protect manufactures Tariffs have been high or low according to the party in power Democrats have stood for low tariff Republicans for high tariff

Education

A school house plant on every hill Stretching in radiate nerve lines thence The quick wires of intelligence. — Whittier.

First American Colleges Harvard — 1636 Columbia (King's College) — 1754

William and Mary — 1693 College of Rhode Island — 1764

Yale — 1701 (now Brown University)

Princeton — 1746 University of Virginia — 1819

Ursulines established first Woman's College — 1728 (New Orleans)

Article Four op Northwest Ordinance — 1787 "Religion, morality, and knowledge being necessary to government and the happ,"ness of mankind, schools and the means of education shall forever be encouraged."

Federal Aids to Education

Morrill Act 1866

Provided endowments for higher education throughout the Union

1885 Agricultural experiment stations established

1917 Smith-Hughes Act

Provides aid in vocational education in higher knowledge

"The School is the one agency that may be controlled definitely, and

consciously for the purpose of unifying the people."

The Story of the Negro — Booker T. Washington

Up from Slavery — Booker T. Washington

The Expansion of the American People — E. E. Sparks

Winning the West — Roosevelt

The Oregon Trail — Parkman

Contemporary American History — C. A. Beard

The Making of a Nation — Francis Walker

Industrial History of the United States — Coman.

The Frontier in American History — F. J. Turner.

Public Education in the United States — Cubberly.

SUMMARIES XXV

CHAPTER VIII These Men Laid Moulding Haxds on the United States of America

George Washington

Military Leader First President

President of Constitutional Conven- Initiated our government and our tion foreign policy

Benjamin Franklin Secured Foreign Aid Negotiated Treaty of Paris (1783)

Alexander Hamilton Established United States Financial System and thereby made possible the survival of our government during a critical period

Thomas Jefferson

His epitaph (v^ritten by himself)

Author of the Declaration of Independence and of the Statute of Religious Freedom for "Virginia and Founder of the University of Virginia

James Madison

Author of Compromise that made ours a new species of government partly Federal, partly National

John Marshall Expounder of the Constitution International Lawyer

James Monroe Promulgated Monroe Doctrine which removed the New World from European Influence

John Quinct Adams A Great Secretary of State Fought to preserve the right to

Kept the United States free to con- petition for redress of grievances

duct affairs in her own way Defined War Powers of President

Andrew Jackson Brought government closer to people Helped to preserve Union

Henry Clay Initiated our friendly policy toward Kept unification by Compromises South American Republics Father of Internal Improvement

Daniel Webster By Gift of Eloquence created sentiment in favor of the Union

Abraham Lincoln Freed the slaves and saved the Union

Other Men that Helped

John Adams Robert Morris Dabney Carr

John Dickinson Patrick Henry Samuel Adams

Peyton Randolph Charles Pinckney Roger Sherman

Dr. Joseph Warren John Jay John Rutledge xxvi SUMMARIES

CHAPTER VIII (Continued) References :

The biographies of these men.

Their own accounts in autobiographies, diaries, and letters.

Washington — On His Appointment as Commander in Chief — 1775

Farewell Address — 1796 Hamilton and Madison — Federalist Papers Jefferson — A Summary View of the Writers of America — 177?

First Inaugural — 1801 Jackson — Second Inaugural Farewell Address Clay — On His Own Compromise Measures (1850) Webster — First Bunker Hill Oration 1825

Reply to Hayne 1830

The Seventh of March Speech on The Clay Compromise 1850 Lincoln — The House Divided Against Itself (1858)

The First Debate with Douglas (1858)

The First Inaugural (1861)

The Second Inaugural (1865) The Great Statesmen Series

The Great Eimchs of American History (10 vols.) The World's Famous Orations — (10 vols ) The Men Who Made the Nation — E. E. Sparks.

Chapter IX

"As an account of the bold spirits engaged in desperate adventures, of the planting of the civilization in the wilderness, of the growth of free government, the sources of American history are a contribution to the World's Literature." — A. B. Hart.

Books not Mentioned in Text

Dr. Sevier — George Cable The Conqueror — Gertrude Atherton

The Crisis — Winston Churchill A Gentleman from Indiana — Mrs. Crew's Career — W i n s t o n Booth Tarkington

Churchill Ramona — Helen Hunt Jackson

Prisoners of Hope — Mary John- The Octopus — Frank Norris

stone "^1^ ^Py — Cooper

Cease Firing — Mary Johnstone John Woolman's Journal

Life on the Mississippi — Mark The Story of a Country Town — E.

Twain W. Howe

A Son of the Middle Border — Ham- The Scarlet Letter — Hawthorne

lin Garland The Rise of Silas Lapham — Howells

Poems of Faith and Courage

The Chambered Nautilus — Holmes The Eternal Goodness — Whittier

The Ladder of St. Augustine — Thanatopsis — Bryant

Longfellow To a Waterfowl — Bryant

The Builders — Longfellow The Song of the Chattahoochee — The Vision of Sir Launfal — Lov/ell Lanier

The Present Crisis — Lowell El Dorado — Poe

XXVll

CHAPTER X Development of Democracy ix France -Taxes and duties

No local activity politically

1614 — Last meeting of Estates — General for 175 years

1643 to 1715 — Autocracy established under Louis XIVimposed by king and council

1715 to 1774 — Louis XV reign left France bankrupt

1789 Louis XVI summons Estates General

1789 to 1795 The French Revolution — Permanent reforms made in the first year followed by complete social and political upheaval. The land went to the people

1795 to 1814 Napoleon Bonaparte, an autocrat, established equality before the law

1814 The Bourbons restored

1830 Revolution — Constitutional monarchy

1848 Revolution — Republic established

1852 The Second Empire established

1870 The Third Republic (which continues to-day) established

In England To-Day

The land is held by a few people

The national debt is owed to great financiers

The people are actively democratic and restless

The Labor Party in England is working on an advanced and reasonable program of democratic reforms which tend toward more ac tive participation in local and national industry and government

In France To Day The land is in small holdings In France the national debt held by

the people in small bonds The rural people are passive and industrious The French Republic is highly cen tralized. In the 88 departments, the policemen, postmen, and all local officers are appointed by central government which may dissolve the elected council and order a new election

In both countries the foreign policy is in the hands of a small group of governmental officials who are not controlled by the people in any significant degree

Compare slow painful progress of England toward democracy with the more spasmodic progress in France. Yet in some ways the condition of the French people is better than the condition of the English people.

The English Constitution England has never had a written constitution, PRECEDENT being her only guide. The latest law passed supercedes all other laws

French Constitutions France has had eleven constitutions

since 1791 The present one, made in 1870,

makes no mention of sovereignty

of the people, an annual budget,

nor a national judiciary

The French Revolution — Matthews The French Revolution — Belloc The France of To Day — Wendell xxviii SUMMARIES