Government in state and nation

Preface

The subject-matter herewith presented partially represents the plan pursued by the authors as teachers of civil government for a number of years in secondary schools. A study of the actual methods by which the affairs of government are conducted gives constant interest to the w r ork, and consequently the practical side has been emphasized. Many problems besides those presented in the supplementary questions may be worked out from the official reports.

Scarcely a month passes without the appearance in the more noted magazines of articles on phases of governmental activity which have permanent value. No attempt has been made to give references to all of this material which has appeared during the past ten years. The ability of the reader has been kept constantly in mind and the intention has been to refer only to such articles as would be of value to students in high schools, academies, and normal schools.

We arc under especial obligation to teachers who have used the fir-r edition of the book for their helpful suggestions on desirable modifications.

Contents

PAGK

Preface, v

Some Suggestions to Tea* eebs xi

Introductory Chapter, xiii

Part I Local Goverxmext

CHAPTER

I. — Town and County Government, .

II. — State Governments,

III. — State Governments {Continued),

IV. — City Government,

V. — Elections and Party Government, .

VI. — Public Finances

VII. — Judicial Triads

Vm. — Charitable and Penal Institut*

IX. — Educational Systems

X. — The Exeri ise of the Police Power, XI. — Labor Legislation

PAGE

85 03 viii CONTENTS

Part II The National Government Chapter Page

XII. — Steps Leading to Union, ( .*7

XIII. — The Constitutional Convention, 106

XIV. — Organization of the Legislative Depabtm in t, ] 2 1

XV. — Powers and Duties of the Separate II<>r-

I. Impeachment 138

II. The Quorum, Journal, and Freedom of

Speech, 1 10

XVI. — Procedure in Congress L45

XVII. — National FINANCES L62

XVIII. — Tin: POWEB or CONGRESS OVEB COMMER E» . . 171

XIX. — Monet <>f the United States i y i

I. Metal Money or Coin, l s l

II. Paper Money, 184

XX. — Other General Powers <>f C . . . . 191

I. Power of Naturalization, 191

II. The Postal System of the United States, . . ] 93

III. Copyrights and Patents, 196

IV. Piracies and Felonies, 199

V. Military Powers of Congress, 199

VI. Location of the Capital, 203

VII. Implied Powers, 204

CONTEXTS ix

CHAPTER PAGE

XXI. — Powers Denied the United States and the

Several States 208

XXII. — The Executive Department, 213

XXIII. — The Election of a President, 222

XXIV. — Powers and Duties of the President, . . 233

XXV. — The Cabinet and the Executive Departments, 244

XXVI.— The Judiciary, 261

XXVII. — Relations between the States and between

Federal Government and the States, 271

XXVIII. — Territories and Public Lands, 274

XXIX. — Amendments to the Constitution, . . . .288

XXXI. — Some Features of International Law and

Arbitration, 301

APPEXDK

PAGE

A.— Constitution of the United - - of America, 308

FEDERATION, 324

C. — Rerbence Books 333

INDEX, 337

SOME SUGGESTIONS TO TEACHEES

We trust the following observations may be of value to teachers in the use of this book, and at the same time answer certain questions which we are assured will arise.

1. There are but few questions given on the subject-matter of the tvxt y for each teacher will doubtless prefer to

ent the topics in his own way. ^Yhile some of the disons and many of the suggestive questions are intended to make students realize more completely their duties as citizens, many more having a local bearing will occur to teachers. "Topical outlines" are omitted, for by the aid of the marginal topics students will be able to make outlines tor themselves which will be of vastly greater interest and value.

2. All teachers may not care to use the parts of the book in the same order, and the arrangement is such that either Local (Part I) or National Government (Part II) may be studied first. In the work on local government, it is not expected that the student will learn all of the different practices found in the various States, but that he will compare them with those of his own State.

There are more supplementary questions and refer- , doubtless, than can be used by any one class, but will give the teacher an opportunity for selection. A numl>er of the references may be used each day by assigning special problems to individual students.

4. It i- scarcely to be hoped that all the books and magazines mentioned will be found in any high-school library, but the need for supplementary reading is being met xii SOME SUGGESTIONS TO TEACHERS

through the rapid increase of public libraries. Great care has been taken in selecting the books which are given in Appendix C, and by adding a few of these each year a working library on the subject of Civics may soon be secured. Many of the reports issued by the government may be readily obtained by applying to your Congressman or to the government officials.

5. Some teachers may have difficulty in securing the periodical literature. In nearly every village there are persons who have subscribed for these magazines for a number of years and would be willing to present them to the school library.

INTRODUCTORY CHAPTER

NEED OF GOVERNMENT

The control of our actions by some kind of government precedes our earliest recollections; this we have constantly experienced in the family and in school. Wherever men live in communities they are under political government; their relations with one another must be regulated by wellunderstood rules in order that they may live and conduct business in security. By means of political government, also, communities find it convenient to increase the comforts of life, as in the building of good roads and streets; they furnish themselves with the means of education and culture through schools and libraries. For such purposes the government of town, village, and city is of the first importance. But business and political relations exist among communities, as well as among individuals. Consequently, our local governments must be supplemented by organizations that cover larger areas and include many communitherefore the county and State governments are formed. For the same reasons, and also for reasons of which we learn in the study of United States history, a government for the United States became a necessity at the very beginning of our National life.

In these various political organizations the plan of government is the same. In the Gist place, there is always the law-making body, prescribing the regulations to which men must subject themselves if they are to live together in harmony. Again, because laws do not enforce themselves, xiv INTRODUCTORY CHAPTER

officers are selected to see that these provisions are carried out. Finally, since men frequently disagree as to the meaning of laws, and because there are always those who wilfully violate them in order to secure some personal advantage, courts are established in which the laws are interpreted and offenders are judged. We have, then, the three departments of government — legislative, executive, and judicial.

The system of local government to which you are accustomed did not grow up spontaneously! nor was I tablished arbitrarily. There are reasons to be found in history and in the nature of the environment which explain many of its details. The same may Ik 4 said of our State and National systems. In consequence, we shall find it advantageous to trace briefly some historical Origins of government in our country. Again, it is evident that no system of human government is perfect In every community the defects of laws and their non-enforcement are familiar topics of discussion, while the failures of State and National governments at certain points are no less conspicuous. These are the problems to which our attention will be directed in the course of our study.

For the most part, however, it will be our task to study government as it now exists in town and city, State and Nation. We shall look backward into history only when this is necessary for the understanding of our present forms and practices. We shall look forward to the solution of a few of the simpler problems that now confront us. A study of the deeper origins and of the more profound problems must be postponed to the years of advanced work in coU lege.

PART I

LOCAL GOVERNMENT

Chapter I Town And County Government

When, in the seventeenth century, Englishmen made The origin settlements along the Atlantic coast, some form of local govemgovernment became an immediate necessity. They adopted consequently the political usages to which they had been accustomed at home, selecting those offices and forms of procedure that seemed best adapted to their needs and surroundings. Because natural conditions and the ideas of the settlers varied considerably in the different colonies, we find several varieties of local government growing up. But since these local governments were all established by Englishmen, and, moreover, by Englishmen of very similar habits and social grades, we find, on the whole, great similarity in their fundamental features.

The most marked differences are seen in a comparison New Engof local governments in New England and in Virginia, ditioos. The settlers of New England found themselves upon a coast indented by many bays and harbors; the country was hilly and the soil stony; streams were abundant but generally small, rapid, and unfit for navigation; the sea abounded in fish and the forests yielded excellent timber. ThfM' physical conditions hindered the rapid spread of population over large areas and offered many inducements

The town type: meetings, officers, and functions.

Origin of Virginia local government.

for the gathering of the inhabitants into towns. Moreover, this tendency was in accord with the wishes of the Puritans. They desired, above everything, to foster the religious life of the little church communities into which they grouped themselves. They believed that all settlers should take an active part in worship and in the government of the church, and that consequently all should live within a short distance of the meeting-house.

Under these circumstances the New Englanders put into practice those features of the ancient English township government that were best suited for governing their little towns. Onceayear,oroftenei\the voters assembled in town meeting to elect officers and to engage in general discussion of town affairs. Here taxes wen 1 levied, and the support of the poor, the maintenance of highways, church, and school were provided for. The officers of the town were th< lectmen, a board having general oversight of town affairs, the treasurer, clerk, constables, school committee, assessors, fence-viewers, and frequently many others. The remarkable features of New England town government were the freedom with which all matters of public interest were discussed in the town meeting, and the can 4 with which all affairs of government wen 4 guarded by officers and people alike. Early in the history of the Massachusetts Bay Colony towns were grouped into counties, and justices were appointed who held court in the towns of each county. Scarcely any but judicial matters were intrusted to the county government. The centre of political life in New England was the town, hence we have here the town or township type of local government.

A very different type of local government was developed in Virginia. If we contrast the physical geography of this section with that of New England we see how every inducement favored the scattering of population and the development of great plantations. The influence of tobacco

TOWN AXD COUNTY GOVERNMENT 3

cultivation and of slavery was in the same direction. Since the desire for individual gain prompted most of the settlers, there were no strong ties tending to bind the people into compact communities. There were scarcely any towns in Virginia. Consequently the settlers were driven to select those features of English local government that were best adapted to their sparse settlements.

The local organization corresponding to the town of The vestry. New England was the parish. The vestry, a group of officers originally elected by the members of a church, was given control of matters relating to the church and the poor. Other functions of local government were placed The county in the hands of the county court, a body composed of justices originally appointed by the governor of the colony. The county court administered justice, but it also had important legislative functions, for it levied taxes for coimty purposes, maintained highways, and exercised general control over such affairs of local government as were not in charge of the vestrv. Its authoritv extended over the coimty, which was sometimes divided into two or more parishes. The other important county officers were the sheriff The county (who, besides being a court official, was county treasurer) t>pe ' and the lieutenant, or commander of the militia. The original method of appointment in both vestry and county court was changed so that members came to be chosen in each case by the body itself.

We may note three points of contrast between the two Contracts us of local government described above. (1) The th< principal functions of government (taxation, education, care of road-, public safety, etc.) were exercised in New- England by the towns, and in Virginia by the counties.

(2) In Virginia the conduct of local government was in the hands of a limited body of prominent men, while in

England the mass of voters participated more freely.

(3) In New England the deputies sent to the colonial as-

The result of these differences.

The township-county type: location and division of powers.

The origin of local government in the West.

sembly were selected from the towns, while the members of the Virginia assembly (the House of Burgesses) were sent from the counties.

The New England type of local government gave the people much practical political education, while that of Virginia developed a class of intelligent, public-spirited leaders. These facts are of great consequence in colonial history, especially in that period when resistance to the English Government made Massachusetts and Virginia leaders in the Revolution.

The middle Atlantic colonies present a medium in climate, soil, and physical structure between the extremes of New England and Virginia. This is also true of the methods of settlement and the occupations of the people. Similarly, the type of local government developed in these colonies seems to be a compromise between the two types that we have been considering. It has been called the mixed or township-county system of local government. Like New England, the middle colonies had both townships and counties, but there was a much more equal division of powers between these units. At the same time, the county was not so important as in Virginia. In New York the township was more prominent than the county, while in Pennsylvania county officers performed the most important functions.

The colonial systems above described have been much modified. In New England it has been found convenient to enlarge the functions of the county and to diminish those of the town. In Virginia and throughout the South the township has become an increasingly important organization. Still, in each of these sections the system cf local government now in use bears the stamp of its origin.

In the Western States, the character of local government has been greatly influenced by the origin of the settlers. The general trend of population, as it moved westward from the thirteen original States, was along parallels of latitude. Consequently, in the South we find the county type prevailing. Nowhere, however, does the pure town type exist, for the Northern States all have the mixed system. These States may be divided into two groups according as the town or the countv is given more extensive functions. The States in the first group (Michigan, Illinois, and Wisconsin) have been influenced by the examples of New England and New York. In these States there is the annual town meeting of voters, where officers are elected and matters of town government are discussed. We have here the form of a pure democracy. A town The superboard has general charge of town affairs. This group of States is also distinguished by the nature of their county boards, which are composed of supervisors elected in the various towns, villages, and wards. This supervisor system of county government originated in New York, in colonial times.

In the second group (Ohio, Indiana, Kansas, Missouri, The com- Nebraska, Colorado, Oregon, and California) the county form. is of more importance in local government. There is no town meeting. A town supervisor (or board of supervisors or trustees) exercises some powers that would be exercised by the town meetings in other States. But here the county board exercises more of such functions; it has extensive powers over the poor, health, highways, taxation, etc. Unlike the county board in the other <rroup of States, it is composed of members elected at large* or from districts of the county. They are few in number and are called commissioners.

In all the Northern States there is a £roiip of other town officers besides the supervisors — clerk, treasurer, assessor, Constables, and various minor officers and boards. The

* That Is, r of the county may ¥Ot€ for the entire number of

commissioaers that are to be elected at any election.

county is the basis of court organization; so there is a judge, a sheriff, and a clerk of the court. Frequently we find several counties grouped into a district or circuit throughout which a single judge holds court sessions.

In some cases taxes are collected by the sheriff, but generally there is a county treasurer. Other county officers, most of whom are elected by the voters, are the superintendent of schools, the register of deeds, or recorder, the surveyor, and the coroner.

Villages. As population becomes dense in certain localities, vil-

lages and cities arc organized. Village government is sometimes entirely distinct from town government; sometimes it is united with the latter for general purpog though sustaining its own officers for special purposes. In either case the governing body is a board with an executive head, generally called the president. 311

Cities. Cities have governments similar in general plan to those

of villages; but there are more officers and their functions are more extensive. The conditions of city life give rise to new problems of government to which we shall give attention in a separate chapter.

Such, in bare outline, is the organization of local government in the States to-day. In the actual processes by which local government is carried on, towns, villages, and cities (or divisions of cities called wards) are regarded as divisions of the county. Counties are themselves divisions of the State. Now, there are some activities of government in which the local units alone are concerned, as in the maintenance of roads, streets, and bridges, and the care of the poor. But in many important matters the processes merely begin in the local units and are completed by the action of State officials. For example, taxation and election proc-

* Various terms are in use. In Pennsylvania there is the borough with a burgess at its head. In Virginia the corresponding organization is the town, with a mayor as executive officer.

- involve both loail and State governments. The same is true, in many eases, of the administration of justice and the maintenance of school systems. Hence, it will be necessary to take a general view of State government before considering how these operations are carried on.

1. The history of local government in the colonies: James and Stanford, American History, 92-9S; Thwaites, The Colonies, 55-5S; Fisher, The Colonial Era, 60, 99, 167; Channing, The United States of America, 37-38; Wilson, The State, 449-45S; Lodge, A Short History of the English Colonies, 4S-59, 5S-59, 414-417; Hart, Formation of the Union, 11-13; Bryce, American Commonwealth, 5S9-593; Bancroft, History of the United States, I. 285-286, 449.

2. For descriptions of local systems as they are at present, see Bryce, I, chapters 4S and 49; Wilson, The State, 524-53S; Beard, American Government and Politics, 638-655.

3. Make a study of a town: (1) With a map, as to its location, size and shape.* Compare with other towns in the same county. ( 2 1 What officers has the town ? For what terms are they elected ? How are they paid? What general duties does each have? Is the town board a legislative or an executive body? (3) Is there a town meeting ? If so, what business does it transact ? Did you ever attend one?

4. Study the organization of a village government. In what respects does it differ from the town government ? Why ?

5. What is the area and population of the county in which you ! What is the county seat? Have you visited the county

buildings? Who has charge of them?

6. How many townships are there in your county? Estimate the total number of local officers. How many counties are there

Are they generally regular or irregular in shape? Compare counties of other

* In the Congressional to leterminerl by the United

8tates La: frequently determines the boundaries of the town.

7. Make a list of your county officers, the length of term and salary of each. What are the principal duties of each ?

8. Is the county board elected on the commisssioner plan or the supervisor plan ?

9. To which type of local government does the system of your State most nearly conform ? Account for its origin.

Chapter II

As town and county governments in the thirteen colo- The general nies were modelled upon ideas and practices derived from colonial England, so the central government of each colony took merits, form upon the plan of England's central government. And this plan may be seen to-day in the governments of our State- and in that of the United States: all have the division into three departments — legislative, executive, and judicial — the legislature generally being composed of two branches. There were many variations among the colonies in the details of government, but at the time of the Revolution there was one important point of likeness: viz., each had an elective representative assembly. Moreover, it had become established in practice that the assembly should legislate upon matters affecting the internal welfare of the colony, and especially that it should exercise the vital function of levying taxes. Thus was erected in each colony the form of a free government, while the habit of selfgo vernment became established through the neglect of England to interfere seriously with the powers exercised by the colonial assemblies.

We may further analyze colonial governments by classi- Glamificafying them upon the basis of the method by which the gov- colonies. ernor obtained his office. There were three forms: Republican, the people electing the governor (Connecticut and Rhode [sland); Proprietary, the governor appointed by the proprietor (Maryland, Pennsylvania, and I >elaware); Royal, the king appointing the governor (the eight remaining colonies).

How State constitutions came about.

Origin of State constitutions.

Constitutional conventions.

The Revolution transformed the colonies into States, the new State governments being formed in 177G and the next few years.* One of the first steps in this process was the formation of written constitutions. It was natural that these should be framed in the new States, because the colonial assemblies and officers had become accustomed to exercising their powers under the superior authority of their charters. So in each State a written constitution seemed necessary as a fundamental law, outlining the framework of State government. The constitution of a State, then, is its supreme law, SO far as purely State authority is concerned. All laws must conform to its provisions; all officers take oaths to support it. It IS the duty of the State judiciary to sec that official acts .stand in conformity with it.

The States admitted into the Union after the adoption of the Federal Constitution (17S9) used that instrument Bfl a model to some extent. Bui still greater was the influence of the old State

constitutions upon the settler- from the East who were BO rapidly building the new commonwealths of the West. So, while the constitutions of all the present States show, by their great similarity, their common origin, there are variations that may be traced backward along lines of westward migration to their sources in the original States.

State constitutions have generally been made in State conventions composed of delegates chosen for that purpose. In some States new constitutions have been made in this way to supersede old ones. When an entirely new constitution has not been considered necessary, amendments have been adopted; these have been framed either by the State legislature or by a State convention. In most cases, whether in the adoption of a constitution or of an amendment, a vote of the people is an important step in the process, t So it may be said that State constitutions proceed from the people.

* James and Sanford, American History, 157, 158. Connecticut and Rhode Island continued their charters in force as constitutions.

t This was not the case in the adoption of their constitutions by the thirteen original States (except Massachusetts); nor in the adoption of new constitutions by South Carolina, Mississippi, and Louisiana.

The contents of State constitutions may be grouped Analysis of under three heads. (1) The Bill of Rights, which is pat- constitute rned after the earliest State constitutions and the first eight amendments to the Federal Constitution. By these provisions the fundamental civil rights of citizens are secured, such as the right of free petition and assemblage, fair trial by jury, exemption from unjust searches and seizures, freedom of religious worship, and freedom of speech and of the press. (2) The outline of the frame of government, showing the organization of the legislative, executive, and judicial departments, with general provisions as to their powers and the manner in which they are to be exercised. (3) Miscellaneous provisions. In recent years there is a marked tendency to increase the number of subjects treated in the State constitutions and to make more detailed regulations. Some new constitutions are of much greater length than the old ones, and are really general laws rather than mere frames of government. The purpose of these provisions is to limit the powers of the State legislatures.

State constitutions confer all the law-making powers Legislative

powers.

upon the legislatures. These bodies do not attempt to exercise all such powers, but delegate local authority to other legislative bodies in school districts, villages, towns, cities, and counties. The county board and the city council, for example, are legislative bodies, but they derive all their powers from general or special laws framed by the State legislature.

State legislatures are invariablv composed of two houses Organiza-

1 . tion of

— the Senate and the House of Representatives or Assem- st»to

lejrisla-

blv. The first of these houses has a smaller number of tures. members than the second; the members have longer terms than in the lower house, and the qualifications for member-hip may be higher. Members of the legislature are chosen from districts, and the redistricting of a State

The committee system.

How laws are enacted.

Restrictions upon legislatures.

is made necessary at stated times by the shifting of population. This is done by an apportionment act. An especially unfair apportionment is called a "gerrymander" (see pp. 134-135).

In all but a few States the sessions of the legislature are biennial. Methods of procedure are quite similar in all legislatures. A proposed law is called a bill. When a bill is introduced in either house, the presiding officer (usually called the Speaker in the lower house, and the President in the upper) refers it to a committee. Standing committees are appointed in both houses, to each of which bills upon a certain subject are referred. This arrangement facilitates business and gives opportunity for more full consideration of the bills.

A committee has almost absolute power over the bills in its charge — to amend them, to substitute new bills in their places, or to keep them. They may take testimony and hear arguments upon the bills. When they report back a bill to the house, they recommend either its passage or its defeat, and usually the house follows the recommendation. Only a few of the important bills are fully debated in either house. After passing one house a bill is taken to the other, when 4 reference to a committee and other procedure follows as in the first house. A bill that passes both houses goes to the governor for his signature, when it becomes a law. He may, however, veto the bill; then it must pass each house again by a larger majority (usually two-thirds) if it is to be enacted into law.

No State constitution attempts to give a list of the powers of the State legislature, but there is always a list of limitations upon its authority and upon the privileges of its members. These restrictions may be grouped under several heads. (1) They may limit the length of sessions and the method of paying members. (2) Special, local, and private legislation are prohibited upon certain subjects (such as city and corporation charters) and carefully guarded upon others. (3) All financial legislation, such as taxation, and the borrowing and appropriation of money, must be enacted under close limitations.

Besides the restrictions upon legislatures mentioned The legisi i ..... ill lative

above, many other constitutional provisions and laws have lobby.

been enacted having the same effect. (1) The practice of lobbying has been placed under strict control. Persons who attend sessions of a legislative body for the purpose of using influence looking toward the passage or defeat of certain bills are called lobbyists. Many good measures are made possible in this way; but most of the bad measures are the result of successful lobbying.