OUR GOVERNMENT

LOCAL, STATE, AND NATIONAL

BYJ. A. James, Ph. D. Professor of History in Northwestern University

AND

A. H. Sanford, M. A. Professor of History, State Normal School, La Crosse, Wisconsin

1903, 1913Charles Scribner's Sons

PREFACE

The subject matter herewith presented partially represents the planpursued by the authors as teachers of civil government for a number ofyears in high school, academy, and normal school. It has been found thata study of the methods by which the affairs of government are conductedgives constant interest to the work, and, consequently, the practicalside of government has been emphasized. But while our desire has been tobring the actual working of the institutions under which the studentlives into prominence, we have also attempted to give such accounts ofthe origin and early development of forms of government as will assistin explaining their process of growth. The plan of discussion is similarto that followed in "Government in State and Nation. " The general favorwith which that text has been received leads to the belief that it fullymeets the requirement of the Committee of Five for such schools aspresent civil government in the third or fourth year of the course. Inmany cases, however, the subject is taught earlier in the course, andthe present work has been prepared in answer to the requests of teachersfor a text suitable to this class of students. 

The arrangement is such that either Local (Part I), National (Part II), or State Government (Part III) may be studied first. In the work onlocal and State government it is not expected that the student will_learn_ all of the different practices found in the various States, butthat he will compare them with those of his own State. 

While some of the discussions and many of the suggestive questions areintended to make students realize more completely their duties ascitizens, many more having a local bearing will occur to teachers. It isscarcely to be hoped that all of the books and magazines mentioned willbe found in any high school library, but the need for supplementaryreading is being met through the rapid increase of public libraries. Aworking-library on the subject of civics may be accumulated in a shorttime if only a few of the books given in Appendix D are procured eachyear. No attempt has been made to give references to all of the materialwhich has appeared within the past few years. 

The ability of the reader and the time to be devoted to the subject havebeen kept constantly in mind. There may be more supplementary questionsand references than can be used by any one class. Should it happen, onthe other hand, that more work of this character is desired, the needmay be met by reference to similar questions in "Government in State andNation. "

In preparing this new edition, we take the opportunity of acknowledgingthe assistance given by many teachers of civics, strangers to us, whoare using "Government in State and Nation, " and others who are using"Our Government, " for their helpful suggestions. 

EVANSTON, ILLINOIS, July 1, 1913. 

CONTENTS

PART I. 

 I. THE WORK OF LOCAL GOVERNMENT II. COUNTY GOVERNMENT III. THE ORIGIN OF LOCAL GOVERNMENTS. IV. THE GOVERNMENT OF CITIES

PART II. 

 V. EVENTS LEADING TO THE FORMATION OF THE UNION VI. THE CONSTITUTIONAL CONVENTION VII. ORGANIZATION OF THE LEGISLATIVE DEPARTMENTVIII. POWERS AND DUTIES OF THE SEPARATE HOUSES IX. HOW LAWS ARE MADE BY CONGRESS X. SOME IMPORTANT POWERS OF CONGRESS XI. OTHER GENERAL POWERS OF CONGRESS XII. POWERS DENIED THE UNITED STATES AND THE SEVERAL STATESXIII. THE EXECUTIVE DEPARTMENT XIV. POWERS AND DUTIES OF THE PRESIDENT XV. THE CABINET XVI. THE NATIONAL JUDICIARYXVII. TERRITORIES AND PUBLIC LANDSXVIII. AMENDMENTS TO THE CONSTITUTION XIX. THE GOVERNMENTS OF THE WORLD

APPENDIX. 

A. CONSTITUTION OF THE UNITED STATESB. THE ARTICLES OF CONFEDERATIONC. REFERENCE BOOKS

INDEX

PART I. 

LOCAL GOVERNMENTS. 

CHAPTER I. 

THE WORK OF LOCAL GOVERNMENT. 

The Preservation of Order. --The first and most important work ofany government is the preservation of order. We think of this functionmost frequently as exercised in the arrest of offenders who violate thelaw. In fact, most young persons receive their earliest ideas ofgovernment by seeing the policeman, or constable, who stands for theauthority of the government. But he is not the only officer who isconcerned in preserving order. The police officer who makes an arrestcannot punish his prisoner, but must merely hold him until it is decidedthat he deserves punishment. This is the work of a court, with itsjustice, or judge, and the jury. If the prisoner is declared guilty, then the police officer executes the orders of the court by collecting afine or by imprisoning him. We have here illustrated two divisions ofgovernmental authority: (1) the _judicial_, which decides whether thelaw applies in particular cases; and (2) the _executive_, which carriesout the requirements of the law and the orders of the court. 

Law-Making. --The executive and the judicial officers are bothsubject to higher authority: the one applies and the other executes _thelaw_. The framing of the law is the third function of government. Thiswork is called _legislation_, and is carried on by such bodies as thetown board, the village board, and the city council. But theselaw-making bodies do not have independent authority; they are bound moreor less strictly by the opinions of those who elected them to office;i. E. , the body of voters. 

The Three Divisions of Government. --We say, then, that in ourcountry government is based finally upon _the will of the people_. Forthe expression of their will they choose numerous officers, who may begrouped under three heads, corresponding to the general divisions ofgovernment: legislative, executive, and judicial. 

 Just as it would be impossible for all the voters to take part in applying or interpreting the law, so it is in most cases impossible for them to assemble in a body and make the laws. They generally delegate this work to legislators; but in some States the voters of a town (or township) assemble yearly in town meeting, where all may take part in discussion and in voting. 

Roads and Streets. --The preservation of order is but one of thefunctions of government. In towns where the population is scattered, roads must be built, and it is still more necessary that in villages andcities, where many people live within a small area, streets should begraded and paved and sidewalks maintained. This is an illustration ofthe way in which, through the machinery of government, people providethemselves with many conveniences that it would be impossible for eachcitizen to provide for himself. The legislative bodies already mentioneddetermine the extent to which these things shall be done: the town boardorders the laying out of a new road; the village board or the citycouncil passes ordinances saying what streets shall be paved and whatmaterials shall be used in the work. 

Executive Officers, General and Special. --The actual execution ofthe work involved in public improvements is generally in charge of aspecial officer, such as the road or street commissioner. But sincethere are many other matters of public concern that require attention, each under the control of an executive officer, it is necessary that ageneral officer should be in authority over all of these as the _chiefexecutive_ of the local government. This officer is known by varioustitles, as, in the town, the _chairman_, in the village, the_president_, and in the city, the _mayor_. In any case, he has all ormost of the important executive work of government under his control. Itis his duty to see that the laws are obeyed, so the police officers aresubject to his orders. The chief executive is guardian of the people'sinterests; for he must see that the minor officers do not injure thepublic welfare by neglect of duty, and he must defend the public fromall persons who would encroach upon its rights. 

Let us now consider some of the other ordinary functions of localgovernment. 

The Poor. --Poor relief may be mentioned first. How much aid shallbe granted to paupers, and how shall it be distributed, are questionsthat everywhere require attention. 

Public Health. --Public health is also an important subject uponwhich local laws must been enacted. In cities, particularly, the councilpasses strict regulations for preventing diseases and for checking thespread of such as are contagious. City ordinances are also enactedregulating the construction of sewers and drains. The healthcommissioner and the city physicians are the particular officers whodirect the execution of laws upon these subjects. 

Education. --Public education is among the most important of thelocal government's functions. The free schools which exist everywhere inour country are supported and controlled chiefly by the towns, villages, and cities. In many States, however, there are other divisions, calledschool districts, which have boards and officers for this purpose. 

Other Necessary Functions. --Protection from fire is so important incommunities where population is dense that special officers andapparatus must be provided. So, too, streets must be lighted, and a purewater-supply provided. 

Parks, Museums, and Libraries. --Besides the functions of governmentthat are readily seen to be necessary, there are others which may not atfirst appear to be so. We have cities providing parks, with beautifullawns and flower-gardens; museums, where articles of historical andscientific interest are kept; aquariums and zoological gardens;libraries, with books, magazines, and papers for the free use of allcitizens. If one looks closely, he will see a reason in each case whythe government undertakes these various enterprises. 

Why Taxes Are Levied. --We have now to consider a power ofgovernment, without which none of the others so far named could beexercised. This is the taxing power. In every case money must be used bylocal governments in exercising their functions. Officers, who areagents of the people, depend largely upon taxes for their salaries. Taxes are levied by the legislative bodies that we have found in towns, villages, and cities. Other officers, _assessors_ and _treasurers_, determine the amount to be paid by each citizen and collect the taxes. The treasurer also has charge of public money, and pays it out whenordered to do so by the proper authorities. 

All of the operations of government are matters of record. While eachofficer is expected to keep strict account of the operations of his owndepartment, the general records of towns, villages, and cities are keptby the _clerks_. 

This general view of local governments may now be summarized in twoforms:--

I. THE FUNCTIONS OF LOCAL GOVERNMENT. 

1. _Protection_:--

The preservation of order. Protection against fire. Protection of public health. 

2. _Providing Necessities and Conveniences_:--

Roads--Streets--Sidewalks. Water--Lights--Sewers. Poor relief--Education. Parks--Libraries--Museums. 

II. OFFICERS OF LOCAL GOVERNMENT. [1]

TOWN. VILLAGE. CITY. 

Board Board CouncilChairman President MayorClerk Clerk ClerkTreasurer Treasurer TreasurerAssessors Assessors AssessorsConstables Constables PoliceRoad Commissioner Street Commissioner Street CommissionerJustices Justices Justices

[Footnote 1: The list here given is not complete, and the officialtitles are not the same in all States. ]

SUPPLEMENTARY QUESTIONS. 

Make a study of your local (town, village, or city) government. 

1. Group the officers as legislative, executive, and judicial, respectively. 

2. How many different methods are used in paying these officers?

3. Do all the voters ever assemble to make laws? If not, how is the willof the majority expressed?

4. What are some of the local regulations regarding the poor?[2] publichealth? protection from fire?

[Footnote 2: For a general account under this topic, see James andSanford, "Government in State and Nation, " Chapter VIII. Healthregulations are discussed in the same work, pp. 70-72. ]

5. Who pays for the education that young people receive in the publicschools?

6. How much has your local government done toward furnishing things thatare not merely conveniences? How do you justify expenditures for thesepurposes?

7. Does the management of local government excite as much interest amongthe citizens as it should?

8. In what ways are students directly interested in having efficientlocal governments?

CHAPTER II. 

COUNTY GOVERNMENT. 

Why There Are Counties. --If the local organizations discussed inChapter I could attend to all the interests that citizens have incommon, then government would be a much simpler matter than it is. Butjust as almost every citizen has business and social relations outsideof the neighborhood in which he lives, so different communities musthave political relations with each other if they are to live in harmony. (For this and other reasons, which we shall learn presently, countygovernments are established. Their organization and functions correspondquite closely to those of the towns, villages, and smaller cities. )

Important County Officers. --The local governments cannot undertakealone the preservation of order or the protection of citizens againstcriminals. We have, consequently, an important officer, the _sheriff_, who with his deputies has power to make arrests. There is also thejudicial side of county governments, seen in the _court_, with itsjudge. In this court another county officer, called the _district_ or_State's attorney_, prosecutes persons who are accused of crime; i. E. , he finds evidence of the prisoner's guilt and causes this evidence to begiven by witnesses at the trial. 

Functions of County Government. --Public highways are also mattersof more than local interest. When an expensive bridge is to be built, oran important road in which several communities are interested is to beconstructed, the county government can best raise the money and managethe work. So, too, in caring for the poor, the county may aid the localgovernments, or it may take entire charge of the paupers, and maintain apoorhouse. 

The County Board. --It is evident that there must be a legislativebody which shall determine the policy of the county in these matters. This is the _county board_, or as it is called in some States, the_county court_. In most States this body is composed of _commissioners_. These are elected by either of two methods: (1) at large, when everyvoter may vote for the entire number of commissioners; (2) they may beelected from districts into which the county has been divided. In someStates the members of the county board are called _supervisors_, andthey represent the towns, villages, and wards of cities. Under thissystem the county board is generally larger than under the commissionersystem. There is another difference between the two systems: in theStates that have county commissioners, the county government has alarger number of functions than in the other States. That is, the countygovernment has almost entire control of such matters as roads and poorrelief, leaving the local governments with little authority in thesedirections. On the other hand, where the supervisor system exists, thetowns and villages have chief authority in legislating upon thesematters, and the county assists or takes only such part as it findsnecessary for the general good. 

Power of the Board. --The county board holds annual meetings andmakes laws for the county as a whole. It has charge of the countyproperty, including the court-house, jail, and poorhouse. Since it mustprovide for the expense of maintaining these buildings, for the salariesof county officers, and for other expenses connected with roads, poor, and other county business, the board must also have the power of levyingtaxes. 

Superintendent of Schools. --Education is another function ofgovernment which is not managed solely by the local units. There is acounty officer, called the _superintendent of schools_, who hassupervisory powers, and he usually examines teachers and certifies totheir qualifications. 

Register of Deeds. --The _register of deeds_, or _recorder_, is acounty officer who keeps records of certain kinds. Among other things, copies of deeds are registered or kept in his office. A person wishingto buy real estate (i. E. , houses or lands) may, by consulting therecords in this office, learn whether the owner has a clear title to theproperty. 

Coroner. --The _coroner_ has the duty of holding inquests whenpersons meet death by violence or in some unexplained way. He may alsoperform the duties of the sheriff when the latter cannot perform them. 

Surveyor. --The county _surveyor_ makes surveys at the request ofpublic authorities, as well as for individuals. He keeps the officialrecords of the boundaries of farms and lots. 

Clerk and Treasurer. --Of course the county must have its _clerk_and _treasurer_, the officers whose duties are to keep the records andto handle county moneys. 

We may now pass in review the principal features of county government:--

I. LEGISLATIVE. 

1. _County Boards_:--

 Commissioner type Supervisor type

2. _Functions_:--

 County buildings Poor--Education Roads and bridges Taxation

II. EXECUTIVE AND ADMINISTRATIVE OFFICERS. 

 Sheriff and Deputies Clerk Treasurer Register of Deeds, or Recorder Attorney Superintendent of Schools Coroner Surveyor

(In some States, Assessors and Collectors of Taxes, and Auditors. )

III. JUDICIARY. 

 County Court District Court

Relations of Local Officers to State Law. --There are other reasonsthan those already given why States are divided into counties. One isbecause, in the performance of their duties, the county officers act asagents for the State; that is, they carry out the State law in their ownlocalities. For instance, criminals are brought to trial and punishedunder State law, but it is administered by local or county officials. Sothe surveyor, superintendent of schools, register of deeds, and otherofficers act under State laws. While it seems best to have one generallaw for the State upon important subjects, it is also the policy of ourgovernment to intrust the execution of the law, in most cases, to localrather than to State officials. These officers, being elected by thepeople of the various localities, feel their responsibility more keenlythan if they obtained office by appointment from State authorities. 

What has been said concerning the relation of the county to the Stategovernment is true to a considerable extent concerning the town, village, and city governments. Here, too, elections are held, taxes arecollected, and trials are conducted by local officers in accordance withState law. Indeed, it is true that these local divisions owe theirexistence to State law. Towns are laid out, villages and cities areincorporated, in accordance with the provisions of laws enacted by Statelegislatures. The State is the source of all the authority exercised bythe officers and governing bodies of these local governments. 

SUPPLEMENTARY QUESTIONS. 

Make a study of your county government. 

1. Outline the officers in groups, as on p. 6. 

2. Learn the important duties of each officer. 

3. Are officers paid by fees or by salaries? Which is the better method?

4. What is the length of the term for which each county officer holdshis position?

5. How many members constitute the county board? Are they commissionersor supervisors? When do the meetings of the board occur?

6. Obtain a copy of the county board's report and ascertain whatimportant business has been transacted. 

7. What buildings has the county at the county seat? Does it ownproperty elsewhere?

8. What process is followed in laying out a new town? in theincorporation of a village?

 * * * * *

REFERENCES. 

1. The functions of government. Hoxie, How the People Rule, 11-16. Reinsch, Young Citizen's Reader, 31-46. Dole, Young Citizen, 73-92. 

2. Towns and villages. Reinsch, 145-152. Hoxie, 42-63. Hill, Lessons forJunior Citizens, 142-168. 

3. County government. Reinsch, 163-166. Hoxie, 90-103. 

CHAPTER III

THE ORIGIN OF LOCAL GOVERNMENTS. 

The Source of Our Local Governments. --If we look further into thesystems of local government which have been described, we shall findfacts in the history of their origins which explain many of theirdetails. We shall now see how local government grew in the colonies, forhere we have the beginnings of the systems that are in operation to-day. 

Everywhere in the colonies the English settlers brought to their newhomes the ancient customs of the mother-country. Differences in physicalgeography, and in the character and motives of the colonists, causeddifferences in the resulting local governments. This fact is bestillustrated by an account of what took place in New England and inVirginia. 

The Method of Settlement in New England. --These colonies were settledby emigrants who came, in the main, from the same classes of Englishmen. The New Englanders, however, were Puritans. The church and its serviceswere a very important part of their daily lives. The requirement ofchurch attendance was one reason for grouping their homes near themeeting-house. Moreover, the region in which they settled had a stonysoil, difficult to cultivate. Their farms required careful cultivation, and therefore could not be very large. The New Englander was content tolive near the coast. Means of traveling to the interior were not easy, for the rivers, with few exceptions, were short and rapid. The seafisheries tempted the settlers to remain near the coast, and fishing, with ship-building and commerce, became their important industries. 

Town Meetings and Officers. --For these reasons New England was aregion of small farms and towns, and the local government which grew upwas adapted to these conditions. The voters of each town (or township)met annually, or oftener, in "town meeting. " Here their common localaffairs were discussed and regulated. The church, the schools, roads, the poor, and many other matters were under the complete control of thismeeting, and of the officers elected by the assembled voters. Theseofficers were the selectmen, --which was a board having generalsupervision of the town affairs, --the clerk, treasurer, assessors, fenceviewers, constables, and numerous others. 

The County in New England. --Because the people lived in towns andcould most easily regulate their affairs through the machinery of towngovernment, they had no counties whatever at first; but these were soonestablished, though merely for judicial purposes. The governor appointedjustices who held court in each county. 

The leading features of New England local government, then, were (1)its democratic character, seen particularly in the town meeting; and (2)the fact that nearly all local affairs were managed by the towngovernment, leaving but one important function, and that judicial in itsnature, for the county. 

The Settlement of Virginia. --In the colony of Virginia we findconditions that bring about entirely different results in theorganization and workings of local government. Here the settlers werenot bound by religious or other ties into compact social bodies as thePuritans were. Natural conditions in Virginia made it better for thesettlers to live apart, so that nearly all their attempts to form citiesand towns failed. The cultivation of tobacco, of course, explains thisto a large extent. The fertile soil and the ease of raising this productled to the formation of large plantations. The broad rivers madeprogress into the interior remarkably easy; and there seemed littlenecessity for towns as shipping ports, because ocean vessels could stopat the private wharves of the various plantations. The rich planterswere most prominent in the social and political life of the colony, andlocal government fell under their control. 

The Importance of the County. --Now, of the various localorganizations to which the Virginians had been accustomed in England, the one best suited to their condition in the colony was the county. Sothey copied the English county and made it their chief organ of localgovernment. The principal governing body was the _county court_, composed of justices appointed at first by the governor of the colony. The court had both legislative and judicial functions. It managed suchmatters as roads, licenses, and taxation; it also tried civil andcriminal cases. Other county officers were the sheriff and thelieutenant, the latter being commander of the militia. 

The Parish and the Vestry. --That part of the Virginia localgovernment which corresponded to the New England town was the _parish_;but it is apparent that few functions remained to be exercised in this, their smallest political organization. The counties were generallycomposed of several parishes. The governing body of each was the vestry;it had charge of church affairs and of poor relief. The members of thevestry and also the justices of the county court were not elected by thepeople, as the town officers were in New England. On the contrary, boththe vestry and the county court filled vacancies in their own number, without popular election. 

This fact serves to illustrate the general truth that local governmentwas democratic in New England and aristocratic in Virginia; in theformer colony the mass of voters took part most actively in localgovernment, while in the latter a few men constituted the ruling class. This does not mean that local affairs in Virginia were badly managed, for the leading men were on the whole intelligent and public-spirited;and in the years of the Revolution they were among the foremost in thedefense of American liberties. In New England, however, it wasnoticeable that the mass of voters were intelligent and understood thepractical management of political affairs--a result which doubtlesscame largely from their training in the town meeting. 

The Three Types of Local Organization. --We have now seen that inNew England the town had the most important functions of localgovernment, and this is called, therefore, the _town type_; while inVirginia the county had the greater share of governing powers, and therewe find the _county type_. Virginia influenced the colonies that laysouth of her, so that the county type was found also in the Carolinasand Georgia. In the middle colonies there existed both counties andtowns, and here there was a much more equal division of powers betweenthese organizations. Hence we call theirs the _mixed_ or_township-county type_ of local government. 

Local Government in the West. --The people who migrated to the newStates west of the Alleghenies carried with them the forms of localgovernment which have just been described as growing up in the colonies. This statement needs some modification, for nowhere in the West was thepure town type adopted. Everywhere in the North we find the mixed type, while the Southern States have, in general, the county type. In thelatter the county commissioners, elected at large or from precincts, together with other county officers, exercise most of the local powersof government. 

Two Forms in the North. --In the greater number of the States thathave the mixed type, the county is governed by a board of commissionerselected by either of the methods just mentioned as prevailing in theSouth. In a few States (such as Michigan, Illinois, and Wisconsin), thecounty board is composed of _supervisors_, who represent the towns, villages, and wards of the county. Here we find the town meeting, copiedafter that of New England or New York, and the town government has morefunctions than in those States where commissioners compose the townboard. 

Local Self-Government. --Such is the way in which local governmenthas come about in the various States of the Union. Rooted in the systemsthat Englishmen have developed through the centuries, adapted to the newlife and the peculiar conditions of the colonial period, it has spreadwith the population throughout the land. The management of local affairsby the people and their chosen representatives is a sound principle ofgovernment which holds a firm place in every part of our country. 

 * * * * *

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which type of local government exists in your State? Can you accountfor its origin?

2. Is the system of local government uniform throughout your State? Ifso, why is this true? If not, can you account for the lack ofuniformity?

CHAPTER IV. 

THE GOVERNMENT OF CITIES. 

The General Plan of City Government. --The general framework of citygovernment is not very different from that of the other governmentaldivisions. There are the legislative, executive, and judicialdepartments, whose organization and functions are stated in the_charter_, or fundamental law of the city. The city legislature is the_council_ or _board of aldermen_. In most cases this body is a singlehouse, though in some cities there are two houses. The members areelected from the wards into which the city is divided. The council maypass ordinances for the government of the city, but it is limited in theextent of its powers by the terms of the city charter. 

City Charters Granted by Legislatures. --The source of the charteris the State legislature. In most States the constitution provides thatthe legislature shall pass _general laws_ prescribing the framework ofall cities, or of the classes into which the cities of a State may bedivided, according to their population. These laws also containregulations that are safeguards against the abuses of municipalgovernment, such as heavy taxation and the accumulation of debts. Therequirement of general laws secures uniformity in the most importantfeatures of city government, and it prevents the practice, which isotherwise liable to prevail, of constant interference by Statelegislatures in the affairs of certain cities. Such _special laws_should be enacted with great caution, if at all; for when a legislatureregulates the affairs of a particular city, it too often does so at therequest of persons or corporations having advantages to gain at theexpense of the public. [3]

[Footnote 3: In some States where the constitutions require general lawsapplying to classes of cities, single cities have been put in classes bythemselves; so the legislature has virtually governed them by speciallaws. ]

The Mayor. --The chief executive of the city is the mayor. He is thehead of the police department and has more or less authority over theother administrative departments to be discussed later in this chapter. In the cases of both mayor and aldermen, the facts concerning theirterms, salaries, and other details vary so greatly in different citiesthat no general description is possible. 

The city judiciary includes the ordinary State courts and also specialor municipal courts of various degrees. 

Other City Officials. --Besides the officers enumerated, every cityhas its clerk, treasurer, attorney, and assessors. The auditor, orcomptroller, is an important official who controls city finances. 

Administrative Departments. --The greatest difficulties of citygovernment arise in connection with the numerous administrativedepartments; these are quite complex in their operation. In large citiesthe number of officials and the variety of their duties render it almostimpossible for the average citizen to become informed concerning theseaffairs; consequently, opportunities for fraud and mismanagement occurfrequently. 

Why, it may be asked, is such complex machinery necessary in municipalgovernment? It is because social and industrial conditions (that is, thecircumstances under which men live and work) are quite different fromthose that we find in towns and villages; and city government must beadapted to these conditions. 

Conditions Peculiar to City Life. --Let us notice some of the waysin which this is true. (1) The mere fact that population is denseincreases the possibility that a citizen may interfere with the rightsof his neighbors even in the conduct of ordinary business. (2) There isgreater liability that public health and safety may be endangered, bothin the homes and in the shops and factories of cities, than in lessdensely settled communities. (3) The opportunities for evil-doing andfor concealment that exist in cities draw to them a larger proportion ofthe vicious classes who need control and suppression. (4) Finally, incities it is less easy than in the country for each family to supplyitself with certain conveniences, such as water, light, andtransportation; consequently, the government must regulate to someextent the supply of these necessities. 

These are some of the conditions that are peculiar to city life; and wefind here the reasons why the government in a city must undertake alarge number of functions. At every point the safety of the citizen andhis property must be guarded; and in a great many ways the conveniencesof life must be supplied by the city or under the control of cityofficials. Thus we account for the fact that city government iscomplex--the principal source of the difficulties and the evils that wefind in connection with administrative departments. 

Fire and Police Departments. --The number and the organization ofadministrative departments vary considerably in different cities. Everywhere we find the police, fire, and health departments. Firedepartments are, as a rule, very efficient; for the citizens will notallow laxness in the protection of their property. The efficiency ofpolice departments varies greatly in different cities. When theselection of police officers is on a political basis, the standards areapt to be low, and the police may then protect or even assist violatorsof the law. Instances have been known where policemen received, regularly, money payments from law-breakers whom they did not arrest. The detection of this form of corruption is difficult; nevertheless, ifit continues, the people are evidently not awake to their own bestinterests. In other cities, on the other hand, the police force ismaintained upon a high standard. Sometimes civil-service-reform methodsare used in the selection of policemen; the passing of an examination isnecessary for appointment. This, with a fair system of promotions, should render a police force more like a military organization in itsrelation to the enforcement of law. 

The Health Department. --The department of public health has dutiesthat are of vital importance. Sewerage systems, sanitation, and thewater-supply are the chief objects of its inspection. Health officersalso have powers which enable them to detect and prohibit the sale ofimpure foods. The milk-supply should receive its particular attention, for the purity of this product is an important matter. The enforcementof strict health regulations in the crowded tenement districts of largecities is very difficult; but the neglect of these matters by cityofficials is nothing less than criminal. 

The Department of Streets. --This department, which has in chargethe construction of streets and pavements, affects the convenience ofevery citizen. Here vast sums of money are expended, sometimes wisely, and sometimes under the supervision of officials who are lacking in thetechnical knowledge required by this kind of work. Opportunity fordishonest handling of public money may be found in the letting ofcontracts and in the purchase of supplies. Street-cleaning has receivedcomparatively little attention in American cities. In this respect weare far behind many European cities. This is because the relation ofclean streets to public health, and to civic beauty, is not fullyappreciated by the average citizen of our country. 

Public Charities. --The administration of public charities iseverywhere a difficult matter, and, naturally, its difficulty isgreatest in large cities, where we find the greatest number of those whoseek relief. Two problems confront the department of public charities:(1) How can it distinguish between those who actually need assistanceand those who do not? (2)How can it help those who need assistancetemporarily, without weakening their desire to become self-supporting?The same problems must be solved by the citizen in connection with hisprivate charities. In general, it may be said that charitable work isbest managed by private organizations, in charge of trained workers, whocan investigate all cases of application for aid. 

The Public Schools. --Public education is another department ofmunicipal activity. [4] City governments spend great amounts of publicmoney for this purpose. The work of our educational institutions isconstantly being enlarged; courses in commerce, manual training, anddomestic science are intended to strengthen the practical side ofeducation. In some cities special schools are maintained for thedefective classes and for truants. 

[Footnote 4: This subject is also treated in the chapter on PublicSchool Systems. ]

Libraries, Parks, and Playgrounds. --The educational advantagesfurnished by the city are not for the children alone. Public librariesand museums serve adults as well. Recreation is provided by means ofparks, public playgrounds, and open-air gymnasiums. These will becomemore common when their educational influence is more fully understood. 

Committees or Boards. --The important questions that arise inconnection with administrative departments are, how shall they beorganized? and how shall the officers who control them be appointed? Twogeneral methods prevail: (1)In the smaller cities the members of thecouncil are grouped into _committees_, which have charge of the variousadministrative departments. In large cities there are _boards_ or_commissioners_, distinct from the council, and these may be composed ofsalaried officers. In either case the board may employ a superintendentto take charge of the work under its jurisdiction. The principalcriticism which can be offered against this method of managingadministrative departments is that responsibility cannot be definitelylocated. No single member of a board or commission will assumeresponsibility for mismanagement; and when responsibility is dividedamong several persons, none of them feels it very strongly. 

(2)Single Heads of Departments. --As a remedy for this defect, administrative departments in some cities are placed under the controlof _single officers_. These are given authority to appoint theirsubordinates, and they are held strictly accountable for the managementof the department. Responsibility is further concentrated in some citiesby giving the mayor power to appoint these heads of departments. 

The Commission Form of City Government. --This form is found in anumber of cities throughout the country. In place of the mayor andcouncil these cities have a small body of men (generally three or five)who both make and execute city ordinances. They are elected at largefrom the city. Each of the commissioners is in charge of one or more ofthe city departments, and all subordinate officers are appointed bythem. The commissioners are expected to devote their entire time totheir duties and they are paid liberal salaries. Thus, it is hoped, citygovernment will become more business-like and efficient. 

In most cities that have the commission form provision is made for the_initiative, referendum_, and _recall_. The initiative enables a body ofcitizens who sign a petition to obtain a certain law by popular vote, ifthe commission refuses to pass it. The referendum enables citizens tovote for or against a law that the commission has passed, and thus torepeal it if they desire. Under the recall a member of the commissioncan be made to stand for re-election, or else to resign, at any timeduring his term of office, if a certain number of citizens petition forthis action. 

Qualifications of City Officers. --Grave questions are involved inthese matters of organization, but the efficiency of city governmentdepends in the greatest measure upon the character of the officers whoare placed in power. We need to recognize the importance, in cityaffairs as in private business, of securing officials who are qualifiedby training and by successful experience to serve the public. Economyand honesty in municipal government cannot be expected when politicsalone determines appointments to office. The establishment ofcivil-service-examination systems in certain cities is a step in theright direction. 

Public Utilities. --Besides the administrative departments alreadymentioned, we have in large cities those which control the supply ofwater, light, and transportation facilities. The industries furnishingthese necessities may belong to the city, but in most cases they areowned by individuals and corporations. [5] Even then they should besubject to strict regulation by the city, for several reasons: (1) Theseindustries make use of public streets. The right to do this is grantedby the council in a _franchise_. (2) The product that is supplied beingin each case a necessity, it is the duty of the city government toprotect the citizens from any abuse or inconvenience that may arise inconnection with it. (3) In nearly every case the industries in questionare monopolies; i. E. , competition between rival plants is notpossible. For this reason the public may suffer either from high ratesor from imperfect service. 

[Footnote 5: On this topic see "Government in State and Nation, " pp. 33-36. ]

The Question of Municipal Ownership. --The opinion is gaining groundthat no amount of municipal control will cure the evils of privateownership in these industries. Since they are "natural monopolies, " itis argued they should be operated by the city government. This opinionis seen to have great weight when we consider the corruption and thelack of attention to the public welfare that accompany the granting offranchises to corporations. The bribery of aldermen and the granting ofvaluable privileges without compensation are frequent occurrences. Onthe other hand, the facts that bad officers are sometimes elected in ourcities, and that they ignore public interests, raise a very seriousquestion whether they should be intrusted with the management of greatindustries, such as water and lighting plants and street-car systems. 

Reasons for Poor City Government. --Other arguments may be made onboth sides of this question of municipal ownership; but there arefundamental reasons why the cities of the United States are, on thewhole, poorly governed, which must receive consideration before thisquestion can be settled. The conditions accounting for the evils ofmunicipal government may be briefly stated as follows: (1) Citygovernments are necessarily complex, and, in their administrativedepartments especially, a multitude of details must receive attention. Citizens find it difficult to understand these transactions and evenmore difficult to follow them closely. (2) City governments must spendvast sums of money, and this fact is a standing temptation to dishonestmen both in and out of office. (3) The rapidity with which cities havegrown has increased the difficulty of their problems. (4) Individualsand corporations have found it necessary to secure franchises fromcities for the operation of important industries; this has opened manyopportunities for corruption in city affairs. (5) The presence of largenumbers of foreigners who are ignorant of governmental affairs hasenabled corrupt politicians to exert great influence upon the voters incity elections. 

The Reform of Municipal Governments. --Having reviewed the principalcauses for the evils of municipal government, let us now consider someof the conditions that are necessary for bringing about reforms. 

(1) National politics should be entirely separated from city affairs. Itmay be impossible to prevent the nomination of candidates by the regularpolitical parties; but within each party local issues, not national, should determine the selection of candidates. At the polls the votershould cast his ballot independently of party considerations. 

(2) Public interest in municipal affairs and the existence of a strongcivic pride are conditions that are essential to the election of goodofficers and to the purity of city government. 

(3) Before we can have better city governments every citizen mustrecognize his _responsibility_, not only on election day, but on everyoccasion when he can help in the work of detecting wrong, punishingcorrupt officials, and encouraging better things in all departments ofcity life. This means unselfishness in one's attitude toward the publicwelfare; it means willingness to sacrifice time and effort in the publicservice. The example set by many eminent persons who have devotedthemselves unselfishly to the accomplishment of reforms in our greatcities may well be imitated by every citizen in the smaller affairs ofhis city or his ward. And the younger generation of citizens, who areyet students in the public schools, may exert no little influence towardthe betterment of the city; and they may aid in the formation of thatbetter public sentiment without which no improvement in our standards ofmunicipal government is possible. 

 * * * * *

SUPPLEMENTARY QUESTIONS. 

Outline for the study of your city government. 

1. Was the city organized under a general law of the State, or was itgranted a special charter? Does the legislature enact special laws forthe city?

2. The mayor: term, salary. What are his principal powers? Should hisresponsibility be increased?

3. The council or board of aldermen: number of members, term of office, manner of election, compensation?

4. The municipal courts and judges. 

5. Administrative departments: make a complete list of these. Are theycontrolled by boards or by single officers? How do the officers obtaintheir positions? Are they paid salaries? Of what business does each havecharge?

6. How are the water, lighting, and street-car plants managed? Do youbelieve in the municipal ownership of any of them? Give reasons for youropinion. 

7. How do police officers receive appointment? If an officer fails toenforce an ordinance, what course would you take to secure itsenforcement?

8. Are party lines closely adhered to by voters in city elections? Areindependent party organizations formed? Are they successful?

9. What can you learn of reform movements that have taken place in yourcity's history? Give the causes for the success or failure of these. 

10. What is the cost of your city government per annum? Is iteconomically administered? What are the principal items of expense? Hasthe city other sources of revenue besides taxation?

11. What are the excellent features of your city's government? What areits faults? How may the latter be corrected?

12. Mention some ways in which students can assist in bringing aboutbetter conditions in your city. 

 * * * * *

REFERENCES. 

1. Reinsch, Young Citizen's Reader, 80-83. Hoxie, How the People Rule, 63-83. Dole, Young Citizen, 93-108; 132-139. 

PART II. 

THE NATIONAL GOVERNMENT. 

CHAPTER V. 

EVENTS LEADING TO THE FORMATION OF THE UNION. 

Colonial Relations. --Why was union so long delayed? How was itfinally accomplished? These are always questions of great interest tothe student of American government. We note the general indifferencetoward union among the colonies before the Revolutionary War. This maybe partially accounted for by the fact that each colony had its ownseparate government, and was jealous of all outside interference. Lackof good roads and methods of travel made extensive communication betweenthe scattered settlements difficult. Prejudice against strangers, andespecially those of a different religious belief, was common. Bonds ofsympathy, however, between the citizens of different colonies were notwholly lacking. Their language and customs were mainly English. Theirchief desire was to develop a government according to their own plans. Common interests were at times created because of the necessity forproviding protection against their Indian, French, and Dutch foes. Ingeneral, we may say, confederation was early brought about through needfor defense, but union has been the result of two centuries and a halfof growth. 

Union of the New England Colonies, 1643. --A notable attempt wasmade to form a confederation among the colonies in 1643. It is known asthe New England Confederation, and included Massachusetts Bay, NewPlymouth, Connecticut, and New Haven colonies. Their united energieswere necessary to furnish protection against dangers from the Indians. The Dutch and French also tended constantly to encroach upon theirrights. The governing body of this confederation was a board ofcommissioners. In the annual meetings of the commissioners, two beingsent from each colony, questions of war, relations with the Indians, andother matters of mutual interest were discussed. But this centralgovernment possessed advisory powers only. The colonies were to providefor their own local government. The confederation became constantlyweaker, and was finally dissolved in 1684. Seventy years were to elapsebefore the call was sent out for a meeting of delegates from all thecolonies at Albany, but the influence of the New England Confederacy wasfelt, no doubt, during that period. 

The Albany Congress, 1754. --Open hostilities with their enemiesbecame more and more frequent. From the outbreak of King William's War, in 1689, to 1754, the date of the Albany Congress, there were at least adozen intercolonial conferences called to consider means for the commondefense. Plans for union were also prepared. The most interesting isthat of William Penn. In it the word "Congress" is used for the firsttime in connection with American affairs. As the final struggle withFrance for the possession of America was about to begin, a "Congress" oftwenty-five of the leading men from seven different colonies met atAlbany. They were called, primarily, for the purpose of making a treatywith the Iroquois Indians. This object secured, the resolution was thenunanimously adopted that "A union of all the colonies is at presentabsolutely necessary for security and defense. " Franklin's famous planproviding for a permanent federation of all the colonies was alsoadopted. When submitted to the colonies, it failed to receive theratification of a single one. Nor was it acceptable to the Englishgovernment. Said Franklin, "The assemblies all thought there was toomuch prerogative, and in England it was thought to have too much of thedemocratic. "

The Stamp Act Congress, 1765. --After the passing of the stamp actby the English government, the Massachusetts house of representativesinvited the other colonial assemblies to send delegations to a generalcongress. Nine colonies responded by sending twenty-eight men to thecongress in New York City, October 7, 1765. [6] During the session of twoweeks, these delegates drafted petitions to the English government anddeclared that the rights of the colonists were the same as those of thenatural-born subjects of England. It is noteworthy that representativeshad again assembled on the motion of the colonists themselves. Thegrowth of common interests was well expressed by Christopher Gadsden ofSouth Carolina, when he said: "There ought to be no New England man, noNew Yorker, known on the continent; but all of us Americans. "

[Footnote 6: Virginia, New Hampshire, Georgia, and North Carolinasympathized with the movement, but did not send delegates. ]

Committees of Correspondence. --Nine years were to go by before themeeting of another congress, but the colonists were prepared for aunited effort at the end of this period. No sooner were the contents ofthe Townshend acts of 1767 known than Massachusetts issued a circularletter to the other colonies, asking for combined action against allsuch unconstitutional measures. The other colonial assemblies agreedwith Massachusetts. Another movement which made the Revolution possiblewas begun by Samuel Adams. In November, 1772, he prevailed upon theBoston town meeting to appoint a committee which should carry on acorrespondence with committees organized in other towns of that colony. Rights and grievances were the chief subjects for consideration. Othercolonies adopted this plan. Led by Virginia, the idea was carried onestep further, and in 1773 were formed committees of correspondencebetween the different colonies. Thus they were prepared for unitedaction in the First and Second Continental Congresses. 

The First Continental Congress, 1774. --When the coercive acts of1774 had been passed, Massachusetts, now in greatest need, called for acongress of all the colonies. Delegates from all, Georgia[7] excepted, assembled at Philadelphia, September 5, 1774. In the Declaration ofRights, and in the adoption of the Articles of Association, they gavefull expression to colonial sentiment. They commended the resistance ofthe people of Massachusetts. They declared that all "America ought tosupport them in their opposition, " if force should be used in carryingout the measures of Parliament. 

[Footnote 7: Georgia was in sympathy with this movement. ]

The Second Continental Congress, 1775. --Before adjourning, theFirst Continental Congress provided for the meeting of another congress, in May, 1775, unless the causes for colonial grievances should beearlier removed by the English government. But other measures ofrepression were quickly passed, and before the Second ContinentalCongress met, the battle of Lexington had been fought and the Americanforces were blockading Boston. This congress convened in PhiladelphiaMay 10, 1775, and continued in session, with adjournments from time totime, until May 1, 1781. All of the colonies were represented. Likeprevious congresses, this was, at first, merely an advisory body, butnecessity compelled it to act as a real government. It took control ofmilitary affairs, provided for a currency, threw open American ports tothe ships of all nations, and did whatever else the necessities of thetime seemed to demand. Having been appealed to for advice, this congresstook a most notable position in recommending that new forms ofgovernment should be established in the several States. By the year 1777ten States had framed new constitutions. It furthered independence byappointing a committee to draft resolutions based on the ideas ofindependence then everywhere present. The Declaration of Independencewas the result. 

The Articles of Confederation. --Franklin early saw the need for amore effective government than that of a revolutionary assembly. On July21, 1775, he presented to Congress a plan for "perpetual union. " Nearlya year elapsed before a committee was appointed to prepare some form forconfederation to be entered into between the colonies. Another period ofa year and five months was to go by before the report of this committeewas adopted by the Continental Congress. It was then submitted to theState legislatures for approval. After three years and a half, on March1, 1781, Maryland, the last State, was induced to ratify the Articles ofConfederation. The adoption of these articles is one of the mostimportant events in the history of our nation. While the Articles ofConfederation must always be regarded as a weak instrument ofgovernment, we must not forget that the Continental Congress was thenworking out problems in the province of government that were almostwholly new. The solution, faulty as it was, went far to establish theplace of the written Constitution as a basis for government. 

 Said John Fiske: "Almost everything else in our fundamental institutions was brought by our forefathers in a more or less highly developed condition from England; but the development of the written Constitution, with the consequent relation of the courts to the law-making power, has gone on entirely upon American soil. "

Practical Working of the Government. --Conditions soon proved thearticles unsatisfactory. The States were almost independent of thecentral government. There was no separate executive power to enforce, and no judiciary to interpret the laws. The nation was deep in debt, andwithout means for payment. Paper money of the period was worthless, anddebtors were rebellious. Disputes between the various States broughtthem to the verge of civil war. Each State had its own system of dutiesand imposts, which led to great confusion in commerce. No importantresolution could be passed in Congress without the votes of nine States. No amendment was possible, except by the votes of all the States. Congress became constantly weaker as various members resigned to acceptpositions under State authority. In that most dangerous period of ourhistory, extending from 1783 to 1788, aptly called the "criticalperiod, " it became constantly more apparent that government under theArticles of Confederation was a failure. Fortunately, in this hour ofgloom, there came forward Washington, Hamilton, Madison, and otherleaders, who were prepared, if need be, to make compromises, but whowere determined to preserve the elements of the union already secured. 

 * * * * *

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. How was the stamp act regarded in the different colonies as shown bythe addresses made and resolutions offered? Hart, Contemporaries, II, 395-411; Tyler, Patrick Henry (American Statesmen), Chapters 5 and 6. 

2. Do you know of other instances in our history where a stamp act hasbeen passed? How was it regarded? In what ways was it different fromthat of 1765?

3. What was the origin of the committees of correspondence and how didthey aid in unification? Sloane, The French War and the Revolution, 161, 162; Hart, Formation of the Union, 57. 

4. Analyze the Declaration of Independence, and select from it thecauses for the Revolution. 

5. Why was the adoption of the Articles of Confederation so longdelayed? Hart, Contemporaries, II, 539-543; Fiske, The Critical Period, 93, 95; Walker, The Making of the Nation, 6; Hart, Formation of theUnion, 93-95. 

6. Read the Articles of Confederation (Appendix B). 

(_a_) How was the Congress composed? (Art. V. ) (_b_) The numbernecessary for a quorum? (Art. X. ) (_c_) The powers of Congress? (Art. IX. ) (_d_) Powers of the separate States (Art. VIII. )

7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 

8. What was the attitude toward union during the period 1783-1788? Werethere notable bonds of union even at this time? What other influenceshave increased this sentiment? Fiske, Critical Period, 55-63; Walker, The Making of the Nation, 7, 8. 

9. President Roosevelt said, in an address delivered April 9, 1902, atCharleston, S. C. , "When four years ago this nation was compelled to facea foreign foe, the completeness of the reunion became instantly andstrikingly evident. " What is his meaning? How does the statementillustrate the point emphasized in this chapter, that a common dangerproduces union?

10. Describe the character of the money used in 1783 and succeedingyears. What was its influence? Fiske, Critical Period, 162-186. 

CHAPTER VI. 

THE CONSTITUTIONAL CONVENTION. 

Events Leading to the Constitutional Convention. --Among the manydifficulties that arose during the period of the confederation wereconstant disputes between Virginia and Maryland over the navigation ofthe Potomac River and Chesapeake Bay. Finally, in March, 1785, commissioners from these States met at Alexandria to consider thesedifficulties. The outcome of the meeting was that Virginia proposed aconvention and called for delegates from all of the States to meet toconsider how commerce should be controlled. Delegates from five Statesonly were present at Annapolis on the day appointed, September 11, 1786. Nothing permanent could be accomplished with so few States represented. Before adjourning, however, they agreed to a resolution, framed byAlexander Hamilton, which proposed the calling of a convention atPhiladelphia to amend the Articles of Confederation. 

The Federal Convention, 1787; Delegates. --All of the States, RhodeIsland excepted, were finally represented in this, one of the mostnotable conventions in the history of the world. Among the fifty-fivedelegates assembled were many who had already been conspicuous in publicaffairs. They were the choice men of the States from which they came. Twenty-nine of the number were university men. Washington and Franklinwere present, and Washington was unanimously chosen president of theconvention. Neither of these men took an active part in the debates; buttheir presence gave inspiration to the other members, and they haduntold influence at critical times. Among the ablest members wereAlexander Hamilton of New York; James Madison of Virginia; OliverEllsworth and William S. Johnson of Connecticut; James Wilson andGouverneur Morris of Pennsylvania; Rufus King of Massachusetts; andCharles C. Pinckney of South Carolina. 

 Our Knowledge of the Convention. --The Convention lasted from May 25 to September 17, 1787. The sessions were secret. Fortunately we are not dependent on the secretary's report alone for our knowledge of the meetings. [8] Mr. Madison seemed to understand the full meaning of the convention from the first, and decided to give an accurate account of the proceedings. He wrote: "Nor was I unaware of the value of such a contribution to the fund of materials for the history of a Constitution on which should be staked the happiness of a people great even in its infancy, and possibly the cause of liberty throughout the world. " His notes were purchased by the government from Mrs. Madison, in 1837, for the sum of thirty thousand dollars. They were published as "Madison's Journal of the Constitutional Convention. "

[Footnote 8: It was published in 1819 as a part of Volume I of "Elliot'sDebates. "]

Plans for a Government; Virginia Plan. --The magnitude of the laborsof this convention can be understood only when we read the report of thediscussions as given by Madison. It was at once determined that no timeshould be lost in patching up the articles, but that a new Constitutionshould be formed. Two sets of resolutions were early submitted, eachsetting forth a plan of government. The Virginia plan was largely thework of Mr. Madison. It provided for the establishment of a nationalgovernment with supreme legislative, executive, and judicial powers. Thelegislative power was to be vested in a Congress of two separate houses. The executive was to be chosen by both houses of Congress and thejudiciary by the Senate. Representation in both houses of Congress wasto be based on population or the contributions to the support of thegovernment. This scheme was fiercely attacked by the delegates from thesmall States, for it would clearly give control into the hands of themore powerful States. 

The New Jersey Plan. --The New Jersey plan, presented by Mr. Patterson of that State, was agreed upon by the members fromConnecticut, New York, New Jersey, Delaware, and Maryland. ThisSmall-State plan, so called, provided for a continuance of thegovernment under the Articles of Confederation. They were to be revisedin such a manner as to give Congress the power to regulate commerce, toraise revenue, and to coerce the States. The Small-State party insistedthat the Virginia plan, if adopted, would destroy the sovereignty of theStates. They would rather, they said, submit to a foreign power than bedeprived of equality of suffrage in both branches of the legislature. Madison, Wilson, King, and other leaders of the Large-State partydeclared that the basis for the new government was to be the people andnot the States; that it would be unfair to give Delaware as manyrepresentatives as Virginia or Pennsylvania. After many days offruitless debate, a compromise, sometimes called the "First GreatCompromise, " was presented and finally adopted. This provided that theHouse of Representatives should be composed of members elected on thebasis of population. In the Senate, large and small States were to beequally represented. 

The Slavery Problem; Second Compromise. --How was the number of therepresentatives to be found? Were slaves to be counted a part of thepopulation? A heated debate arose over these questions. The delegatesfrom South Carolina maintained that slaves were a part of the populationand as such should be counted. The answer was made that slaves were notrepresented in the legislatures of that and other States; that slaveswere regarded in those States merely as so much property, and as suchought never to be represented. Finally, when it seemed that the work ofthe convention must fail, a compromise, known as "the three-fifthscompromise, " was accepted. This provided that all free people should becounted and three-fifths of the slaves. 

The Third Compromise. --Slave-trade and commerce were the causes fora third compromise. South Carolina and Georgia desired to have theimportation of slaves continued. Some of the other Southern States andthe Northern States generally were opposed. The New England members wereanxious that the National government should have complete control offoreign commerce. This was resisted by some of the Southern delegates, who feared that the importation of slaves might thereby be prohibited. Finally, a compromise was agreed upon which gave Congress power overforeign and interstate commerce, but forbade any act which mightprohibit the importation of slaves before 1808. It was also agreed thata tax of ten dollars each might be laid on all slaves imported. Whilethe entire Constitution may be said to be made up of compromises, theagreement upon these three rendered the further work of the conventionpossible. 

Signing the Constitution. --Gouverneur Morris was selected to givethe document its final form. The clear, simple English used is duelargely to him. After thirty-nine members, representing twelve differentStates, had signed the Constitution, the convention adjourned. While thelast signatures were being written, Franklin said to those standing nearhim, as he called attention to a sun blazoned on the back of thePresident's chair: "I have, often and often, in the course of thesession, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President, without being able to tell whetherit was rising or setting; but now, at length, I have the happiness toknow that it is a rising and not a setting sun. "

Difficulties of Ratification. --The convention submitted theConstitution to Congress. Here, for eight days, it was attacked by itsopponents. Finally, Congress passed it on to the State legislatures. Itwas sent by them to State conventions elected by the people. Thisratification was provided for by Article VII of the Constitution, asfollows: _The ratification of the conventions of nine States shall besufficient for the establishment of this Constitution between the Statesso ratifying the same. _

The period included between September 28, 1787, when Congresstransmitted the Constitution to the State legislatures, and June 21, 1788, when New Hampshire, the last of the necessary nine States, ratified, was one of the most critical in our history. Politicalparties, in a truly National sense, were formed for the first time. Among the leaders who defended ably the views of those who opposed theratification of the Constitution were Patrick Henry, Richard Henry Lee, Elbridge Gerry, and George Clinton. It was urged that there was no billof rights, [9] that the President would become a despot, and thatequality of representation in the Senate was an injustice to the largerStates. "Letters from the Federal Farmer, " prepared for the press of thecountry by Richard Henry Lee, set forth clearly the views of theAnti-Constitutional party. 

[Footnote 9: A bill of rights, in which the idea of the rights of manwere set forth, was a significant part of nearly all the Stateconstitutions. Englishmen, generally, had been familiar with the formalstatement of these principles since 1689, when William and Mary acceptedthe Declaration of Rights as a condition of their receiving the crown ofEngland. During the same year Parliament gave the Declaration of Rightsthe form of a statute, under the name of the Bill of Rights. Among otherrights it demanded that the king, without the sanction of Parliament, should not raise an army, secure money, or suspend the laws; also, thatthe right of petition, freedom in the exercise of religion, and equalityunder the laws were to be granted all subjects. ]

"The Federalist. "--No influence was more noteworthy in bringingabout ratification than a series of political essays afterward collectedunder the name of "The Federalist. " It is considered to-day the bestcommentary on the Constitution ever written. Alexander Hamiltonoriginated the plan, and wrote 51 of the 85 numbers. James Madison wrote29, and John Jay 5. 

 The Influence of Washington. --Washington was again a giant in his support of the Constitution. In a letter to Patrick Henry he early sounded an effective note of warning against anarchy, expressing the very fear that finally led many in the conventions to vote for the Constitution. He wrote: "I wish the Constitution which is offered had been more perfect; but it is the best that could be obtained at this time, and a door is open for amendments hereafter. The political concerns of this country are suspended by a thread. The convention has been looked up to by the reflecting part of the community with a solicitude which is hardly to be conceived, and if nothing had been agreed upon by that body, anarchy would soon have ensued, the seeds being deeply sown in every soil. "

Ratification Secured. --Delaware, the first State, ratified December6, 1787, without a dissenting vote. Pennsylvania, New Jersey, Georgia, and Connecticut followed quickly. Much depended on the action of theMassachusetts convention. After prolonged debate, the delegates werefinally influenced by the statement that amendments might be made, andthey ratified the Constitution by a vote of 187 to 168. The ninth Statewas secured in the ratification by New Hampshire, June 21, 1788. It wasnot until November 21, 1789, however, that North Carolina voted toaccept the Constitution. Rhode Island held out until May 29, 1790. 

The New Government Put into Operation. --When the ratification ofthe ninth State had been secured, Congress appointed a special committeeto frame an act for putting the Constitution into operation. It wasenacted that the first Wednesday in January should be the day forappointing electors; that the electors should cast their votes forPresident on the first Wednesday in February, and that on the firstWednesday of March the new government should go into operation. It wasnot until April 1 that a quorum was secured in the House ofRepresentatives, and in the Senate not until April 6. The electoralvotes were counted in the presence of the two houses on April 6. [10] Theinauguration of President Washington did not take place, however, untilApril 30. 

[Footnote 10: New York did not choose electors. North Carolina and RhodeIsland, as we have seen, had not ratified the Constitution. ]

Origin of the Constitution. --Before making a study of thisepoch-making document, let us inquire briefly as to its origin. Ananalysis of the Constitution shows that there are some provisions whichare new and that English precedent had an influence. The main features, however, were derived from the constitutions of the States with whosepractical workings the delegates were familiar. The following well-knownstatement is an excellent summary: "Nearly every provision of theFederal Constitution that has worked well is one borrowed from orsuggested by some State constitution; nearly every provision that hasworked badly is one which the convention, for want of a precedent, wasobliged to devise for itself. "

Authority and Objects of the Constitution. --It was evidently theintention of the framers of the Constitution to found a governmentderiving its authority from the people rather than from the States. Thepurposes for which this was done are set forth in the followingenacting clause, commonly called the preamble:--

"_We, the people of the United States, in order to form a more perfectunion, establish justice, insure domestic tranquility, provide for thecommon defense, promote the general welfare, and secure the blessings ofliberty to ourselves and our posterity, do ordain and establish thisConstitution for the United States of America_. "

This clause was attacked vigorously by the opponents of theConstitution, and especially in the Virginia and the North Carolinaconventions. Said Patrick Henry: "And here I would make this inquiry ofthose worthy characters who composed a part of the late FederalConvention. . . . I have the highest veneration for those gentlemen; but, sir, give me leave to demand what right had they to say, 'We, thepeople'?. . . Who authorized them to speak the language of, We, thepeople, instead of, We, the States? If the States be not the agents ofthis compact, it must be one great, consolidated, national government ofthe people of all the States. " It was argued, on the other hand, byRandolph, Madison, and others, that the government, under the Articlesof Confederation, was a failure, and that the only safe course to pursuewas to have a government emanating from the people instead of from theStates, if the union of the States and the preservation of the libertiesof the people were to be preserved. 

SUPPLEMENTARY QUESTIONS AND READINGS. 

1. For an account of the members of the convention, see Hart, Contemporaries, III, 205-211. 

2. For the contributions of the individuals and the classes ofdelegates, see Walker, The Making of the Nation, 23-27; Fiske, CriticalPeriod, 224-229. 

3. Discuss the peculiar conditions in Massachusetts. Give the argumentspresented. Walker, 56-57; Fiske, Critical Period, 316-331. 

4. How was the Constitution regarded in Virginia? Walker, 58, 60; Fiske, Critical Period, 334-338. 

5. What was the attitude of the New York Convention toward theConstitution? Fiske, Critical Period, 340-345. 

6. What objections were made against the Constitution in North Carolina?Hart, Contemporaries, III, 251-254. 

7. What would have been the status of North Carolina and Rhode Island ifthey had not ratified? Walker, 73, 74; Hart, Formation of the Union, 132, 133. 

8. Show the influence of the State constitutions on the FederalConstitution. James and Sanford, Government in State and Nation, 117. 

9. For other questions on the material in this chapter, see Fiske, CivilGovernment, 211, 212; James and Sanford, Government in State and Nation, 135, 136, 137. 

CHAPTER VII. 

ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. 

ARTICLE I. 

A Congress of Two Houses. --Section i. _All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives_. 

In the Constitutional Convention, the Pennsylvania delegates were theonly ones who objected to the formation of a legislative body having twohouses. It was believed that with two houses one would be a check uponthe other, and that there would be less danger of hasty and oppressivelegislation. Another reason for the formation of a congress having twohouses was that the colonists were familiar with this kind oflegislature. It existed in all of the States, Pennsylvania and Georgiaexcepted. 

Term of Members and Qualifications of Electors. --Section 2, Clause1. _The House of Representatives shall be composed of members chosenevery second year by the people of the several States, and the electorsin each State shall have the qualifications requisite for electors ofthe most numerous branch of the State legislature_. 

A short term for representatives was agreed upon, for it was the designto make them dependent on the will of the people. The questionfrequently arises, therefore, ought representatives to be compelled toreceive instructions from those who elect them? May we not agree thatour legislation would often be more efficient if the welfare of thenation were considered, rather than what seems, for the moment, to beonly the concern of a district or even, a State? Securing the bestinterests of all may mean at times, also, the sacrifice of mere partyprinciples. 

Who May Vote for Representatives. --By the words _people_ and_electors_ is meant voters. With the desire to make the House ofRepresentatives the more popular branch, it was decided to grant theright of voting for a representative to any person who might beprivileged to vote for a member of the lower house of the legislature ofhis State. The freedom of a State to determine what these qualificationsare is limited only by the provisions of the Fifteenth Amendment:--

Amendment XV. _The right of citizens of the United States to vote shallnot be denied or abridged by the United States, or by any State, onaccount of race, color, or previous condition of servitude_. 

This amendment was proposed by Congress in February, 1869, and wasdeclared in force, March 30, 1870. It was for the purpose of grantingmore complete political rights to the negroes, recently declared, byAmendment XIV, to be citizens. 

Method and Time of Choosing Representatives. --The Constitutionprescribes that representatives shall be elected by the people. Congress has provided that representatives shall be chosen on theTuesday next after the first Monday in November of the even-numberedyears. [11] Congress has also decreed that representatives shall bechosen by districts; but the State legislature has complete control ofthe districting of its State. However, Congress has declared that thesedistricts shall be composed of contiguous territory, and contain, asnearly as practicable, an equal number of inhabitants. Now, usage hasdefined territory to be contiguous when it touches another portion ofthe district at any one point. As a result of this questionableinterpretation, some States have been divided into districts offantastic shapes, to promote the interests of the party having themajority in the State legislature. [12]

[Footnote 11: The only exceptions to this rule are: Maine holds itselection on the second Monday in September, and Vermont on the firstTuesday in November. ]

[Footnote 12: This process is called "gerrymandering. " See, also, "Government in State and Nation, " pp. 135, 136. ]

 Proportional Representation. --Proportional representation, which is coming into favor in these days, would doubtless do much toward remedying this abuse. According to the present system of electing representatives by districts, large minorities of voters are not represented. Numerous plans of "Proportional Representation" have been advocated. One such plan is in operation in Illinois[13] for the election of members to the State house of representatives. Each district elects three members on a general ticket. The voter may give one vote to each candidate, or one and a half votes to each of two candidates, or three votes to a single candidate. Therefore, the minority, by concentrating their votes on one candidate, may elect a representative to the legislature, when under the district system they would not be represented. 

[Footnote 13: On proportional representation, read "Government in Stateand Nation, " pp. 14, 15. ]

Qualifications of Representatives. --Section 2, Clause 2. _Noperson shall be a representative who shall not have attained to the ageof twenty-five years, and been seven years a citizen of the UnitedStates, and who shall not, when elected, be an inhabitant of that Statein which he shall be chosen. _

In the original States there was great diversity of qualifications formembers of the lower houses of their legislatures. But some uniformsystem was necessary for the National organization, and so the fewsimple requirements of this clause were introduced. It is understood, however, that the States may not add other qualifications. While arepresentative must be an inhabitant of the State in which he is chosen, he need not, so far as the Constitution requires, be an inhabitant ofthe district. But the instances have been few in which a member of theHouse has not been also an inhabitant of the district which herepresents. According to the English system of representation, a memberof the House of Commons frequently represents a borough or county in anentirely different part of the kingdom from that of which he is aninhabitant. 

 May the House refuse to admit a person duly elected and possessing the necessary qualifications? This question arose in the 56th Congress, in the case of Brigham Roberts of Utah. He was finally excluded. 

Present System of Apportioning Representatives. --Section 2 ofAmendment XIV contains the rule of apportionment that is now inoperation. This became a part of the Constitution, July 28, 1868. 

_Representatives shall be apportioned among the several Statesaccording to their respective numbers, counting the whole number ofpersons in each State, excluding Indians not taxed. But when the rightto vote at any election for the choice of electors for President andVice-President of the United States, representatives in Congress, theexecutive and judicial officers of a State, or the members of thelegislature thereof, is denied to any of the male inhabitants of suchState, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or othercrime, the basis of representation therein shall be reduced in theproportion which the number of such male citizens shall bear to thewhole number of male citizens twenty-one years of age in such State_. 

The second sentence of this section was framed in the belief that theStates, rather than lose a portion of their representatives in Congress, would grant the right of suffrage to negroes already declared to becitizens. But proportional reduction of representatives was never putinto practical operation, for before the next apportionment ofrepresentatives, Amendment XV became a part of the Constitution, andnegro suffrage was put on the same basis as white. However, theenforcement of Section 2 of Amendment XIV has been strongly urged in ourown time. This is because it is estimated that many thousands have beendisfranchised through the restrictions on the right of suffrage found inseveral of our State constitutions. Some require an educational test andothers a property qualification for voting. 

The "Indians not taxed" doubtless refers to those Indians who stillmaintain their tribal relations or who live on reservations in theseveral States. Their member, according to the census of 1910, was129, 518. 

Early Apportionment. --The number of representatives to which eachof the States was originally entitled is given in Section 2, Clause 3, of the article we are now considering as follows:--

_Representatives and direct taxes shall be apportioned among the severalStates which may be included within this Union, according to theirrespective numbers, which shall be determined by adding to the wholenumber of free persons, including those bound to service for a term ofyears, and excluding Indians not taxed, three-fifths of all otherpersons. The actual enumeration shall be made within three years afterthe first meeting of the Congress of the United States, and within everysubsequent term of ten years, in such manner as they shall by lawdirect. The number of representatives shall not exceed one for everythirty thousand, but each State shall have at least one representative;and until such enumeration shall be made, the State of New Hampshireshall be entitled to choose three, Massachusetts eight, Rhode Island andProvidence Plantations one, Connecticut five, New York six, New Jerseyfour, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three_. 

The three-fifths rule was rendered void by the adoption of AmendmentXIII, which abolished slavery, since there were no longer the "otherpersons. " That part of the clause which provides for the laying ofdirect taxes is still in force. 

The Census. --In order to carry out the provision of theConstitution, an "actual enumeration" was made in 1790. Since that datethere has been a census every ten years. The taking of the census andthe compilation and publication of the statistics connected with it areunder the supervision of the director of the census. Work on thethirteenth census was begun April 15, 1910, and required some 65, 000enumerators, 3500 clerks, and 1800 special agents. The cost was some$12, 000, 000. The most important volumes found in the report are those onpopulation, [14] manufactures, and agriculture. The taking of the censuswill, in the future, be more economical and efficient because of theestablishment of the permanent census bureau by an act of Congress in1902. 

[Footnote 14: The population of the United States, according to thefirst census, was 3, 929, 214. The population in 1910 was 91, 972, 266;including the possessions and dependencies, 101, 000, 000. ]

 Ratio of Representation. --The Constitution provided that there should be 65 members in the first House of Representatives. After the first census, Congress agreed that there should be one representative for each 33, 000 of the population. This gave a house with 105 representatives. From that time the ratio of representation has been changed every ten years. Otherwise, with the rapid increase in population, the House would soon become too large. The ratio adopted by the act of 1911 was one representative to 211, 877 people. [15] After March 4, 1913, therefore, there will be at least 433 members, an increase of 42. [16]

[Footnote 15: For the method of apportionment, see "Government in Stateand Nation, " p. 128. ]

[Footnote 16: The number of members in the English House of Commons is670; in the French Chamber of Deputies, 584; and in the GermanReichstag, 396. ]

Members from New States. --Should a new State be admitted after theapportionment is made, its representatives are always additional to thenumber provided for by law. 

The Constitution provides that each State shall have at least onerepresentative. If this provision had not been made, the States ofArizona, Delaware, Nevada, and Wyoming, each having a smallerpopulation than the ratio adopted in 1910, would not be represented. 

Territorial Delegates. --The organized Territories are each entitledto send a delegate to the House of Representatives. He is allowed tospeak on any question that has to do with his Territory, but may notvote. 

Vacancies. --Section 2, Clause 4. _When vacancies happen in therepresentation from any State, the executive authority thereof shallissue writs of election to fill such vacancies_. 

When a vacancy occurs in the representation from any State on account ofdeath, expulsion, or for other cause, it is made the duty of thegovernor of the State in which the vacancy exists to call for a specialelection in that district to choose a representative for the remainderof the term. 

Officers. --Section 2, Clause 5. _The House of Representatives shallchoose their Speaker and other officers, and shall have the sole powerof impeachment_. 

The speaker, who is the presiding officer, has always been a member ofthe House, but the Constitution does not say that he _shall_ be. Theother officers are the clerk, sergeant-at-arms, doorkeeper, postmaster, and chaplain, none of whom is a member of the House. 

Number and Term of Office of Senators. --Section 3, Clause 1. _TheSenate of the United States shall be composed of two senators from eachState, elected by the people thereof, for six years; and each senatorshall have one vote. The electors in each State shall have thequalifications requisite for electors of the most numerous branch of theState legislature_. 

As we have seen, the provision that there should be two senators fromeach State was the result of a compromise. Consequently, New York andPennsylvania have the same number as Delaware and Nevada. [17] The termof six years for senators was likewise a compromise measure. There weremembers of the convention who favored three years; others wanted nineyears, and Hamilton desired that the term should be during goodbehavior. Many States have practically lengthened the prescribed term bythe wise policy of returning acceptable senators for more than one term. 

[Footnote 17: The Senate now contains 96 members; the English House ofLords, 560; and the French Senate, 300. ]

Prior to April 8, 1913, when the Seventeenth Amendment became a part ofthe Constitution, through ratification by the requisite votes ofthree-fourths of the State legislatures, senators were chosen by theState legislatures. For years the demand for such an amendment wasinsistent. More than two-thirds of the State legislatures had gone onrecord in favor of such a reform. The House of Representatives hadpassed such a resolution a number of times, but the requisite two-thirdsvote could not be secured in the Senate. The leading reasons for theamendment were: the frequent deadlocks in the legislatures, thusinterrupting the course of regular legislation, and the use of bribery. 

Classes of Senators and Vacancies. --Section 3, Clause 2. _Immediately after they shall be assembled in consequence of the firstelection, they shall be divided, as equally as may be, into threeclasses. The seats of the senators of the first class shall be vacatedat the expiration of the second year; of the second class, at theexpiration of the fourth year; and of the third class, at the expirationof the sixth year; so that one-third may be chosen every second year. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election tofill such vacancies. Provided, that the legislature of any State mayempower the executive thereof to make temporary appointments until thepeople fill the vacancies by election as the legislature may direct_. 

_This amendment shall not be so construed as to affect the election orterm of any senator chosen before it becomes valid as part of theConstitution_. 

This provision makes the Senate a permanent body, since only one-thirdof the members go out of office every two years. In the first session ofthe first Congress, the senators were divided into three classes. It hasbeen the custom to place the senators from new States in differentclasses. This is done in order to preserve, so far as possible, theequality of numbers in each class. Besides, a State is thus enabled tokeep one man of experience in the Senate. When a new State is admitted, the senators from that State determine by lot, drawn in the presence ofthe Senate, which classes they are to enter. 

Qualifications of Senators. --Section 3, Clause 3. _No person shallbe a senator who shall not hove attained to the age of thirty years, andbeen nine years a citizen of the United States, and who shall not, whenelected, be an inhabitant of that State from which he shall be chosen_. 

The reasons for requiring different qualifications in senators fromthose of representatives is expressed in "The Federalist" as follows:"The propriety of these distinctions is explained by the nature of thesenatorial trust, which, requiring greater extent of information andstability of character, requires at the same time that the senatorshould have reached a period of life most likely to supply theseadvantages. " The attitude of Americans toward the Senate to-day differsfrom that manifest during the first quarter century of our history. Hasthe Senate degenerated is a question frequently asked. The presence inthat body of numerous millionaires has also excited unfavorable comment. There have been two instances only in which senators have beendisqualified because of inadequate citizenship. 

Times and Places for Electing Senators andRepresentatives. --Section 4, Clause 1. _The times, places, andmanner of holding elections for senators and representatives shall beprescribed in each State by the legislature thereof; but the Congressmay at any time, by law, make or alter such regulations, except as tothe place of choosing senators_. 

It is desirable that Congress should have the _final_ authority inproviding for the election of its own members, because the veryexistence of the Union might otherwise be left, at times, to the whimsof the State legislatures. 

President of the Senate. --Section 3, Clause 4. _The Vice-Presidentof the United States shall be President of the Senate, but shall have novote unless they be equally divided_. 

Other Officers. --Section 3, Clause 5. _The Senate shall choosetheir other officers, and also a President pro tempore, in the absenceof the Vice-President, or when he shall exercise the office of Presidentof the United States_. 

The Vice-President of the United States is the presiding officer of theSenate. He cannot take part in debates, and has no vote unless there bea tie. In marked contrast with the power of the speaker, he cannot namethe committees, and has no direct authority in legislation. Indeed, theoffice is regarded as one of so little influence that it is sometimesdifficult to secure, as candidates for it, men of recognized prominence. 

The other officers of the Senate are secretary, chief clerk, sergeant-at-arms, chaplain, postmaster, librarian, and doorkeeper, noneof whom is a member of the Senate. It is desirable, in the absence ofthe Vice-President, that the Senate should have a presiding officer. Atthe opening of the session, therefore, that body chooses from its ownmembers a president _pro tempore_. He may vote on any question, butcannot cast the deciding vote in case of a tie. 

When Congress Meets. --Section 4, Clause 2. _The Congress shallassemble at least once in every year, and such meeting shall be on thefirst Monday in December, unless they shall by law appoint a differentday_. 

As we have already seen, representatives are elected for a term of twoyears. This period defines the length of a Congress. Representatives, aswe know, are chosen on the first Tuesday after the first Monday inNovember. Now the term of office of a representative begins legally onthe fourth of March succeeding the time of his election. [18] The firstregular session of the Congress to which he was elected does not beginuntil the first Monday of the following December, or thirteen monthsafter the election. It would seem desirable that the members should begiven an earlier opportunity to express themselves on the issues uponwhich they have been chosen. 

[Footnote 18: The limits of the 63d Congress will be March 4, 1913, toMarch 4, 1915. ]

Sessions of Congress. --Each Congress has two regular sessions. Thefirst is called the "long session, " for its length is not determined bya definite date of adjournment. It usually lasts until midsummer and maynot extend beyond the first Monday in December, the time fixed for thebeginning of the next session. The second, or "short session, " cannotextend beyond 12 M. Of March 4, the time set for a new Congress tobegin. The President may convene Congress in special session. 

 Organization of Congress. --The first Monday in December of each second year is a notable day in Washington, for the formal opening of a new Congress is regarded as an important event. The House of Representatives must go through the entire process of organization. To the clerk of the preceding House are intrusted the credentials of the members, and from these he makes out a list of those who are shown to be regularly elected. At the hour of assembly he calls the roll from this list, announces whether or not a quorum is present, and states that the first business is to elect a speaker. After his election the speaker takes the oath of office, which is administered by the member who has had the longest service in the House. The speaker then administers the oath to the members by States. The election of the chief clerk and the other officers follows, after which the House is said to be organized. 

 The Senate is a "continuing body, " and no formal organization is necessary. At the opening of a new Congress the Vice-President calls the Senate to order and the other officers resume their duties. After the president _pro tempore_ has been chosen, the newly elected members are escorted to the desk in groups of four, and the oath is administered by the president of the Senate. Each house, when organized, notifies the other of the fact, and a joint committee of the houses is appointed to wait upon the President and inform him that quorums are present and are ready to receive any communication he may desire to send. 

 The House of Representatives occupies a large hall in the south wing of the capitol. The desks of the members are arranged in a semicircle about that of the speaker, with the Republicans on his left and the Democrats on his right. When a member gains the floor, he speaks from his own desk or from the space in front of the speaker's desk. Unless the question is one of importance, but little attention is paid to the course of debate. Consequently a visitor can hear only with great effort because of the constant din produced by the shuffling of papers, clapping of hands for pages, etc. The real work of Congress, as we shall see, is done in committees. The Senate occupies a hall at the opposite end of the capitol. It is, of course, much smaller than that occupied by the House, but is similarly arranged. In general, the proceedings on the floor of the Senate are conducted in a much more orderly manner than is usual in the House. 

 * * * * *

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What is the number of the present Congress? Give the dates for thebeginning and end of each session. 

2. In the States which have woman suffrage, may women vote forrepresentatives?

3. It is not required by law that a representative shall reside in thedistrict that he represents, but it is an established custom. What areits advantages and disadvantages? Compare with the English practice. Bryce, American Commonwealth, I, Chapter 19. 

4. Are the States which allow women the right to vote justified in theenactment of their suffrage laws?

5. Ought Section 2, Amendment XIV, to be enforced? Rev. Of R's, 22:273-275, 653, 654; 24:649-651; Forum, 31:225-230; 32:460-465; N. Am. Rev. , 168:285-296; 170:785-801; 175:534-543; Outlook, 69:751. 

6. State the points of likeness and of difference between the House ofRepresentatives and the House of Commons. N. Am. Rev. , 170:78-86. 

7. Give the number of representatives to which your State is entitled. Was the number increased in the last apportionment? How large is yourCongressional district? Population?

8. Compare the area of your district with that of other districts inyour State; also with the population of other districts. Compare thenumber of votes cast for representative in your district with the numbercast in districts of other States in different sections of the country. How do you account for the variation? See New York World Almanac. 

9. Some interesting facts connected with the apportionment of 1901 aregiven in the Forum, 30:568-577. 

10. For the Reapportionment Law of 1901, see Outlook, 67:136. 

11. For accounts of the methods by which a census is taken, see AmericanCensus Methods, Forum, 30:109-119. Census of 1910, Rev. Of R's, 41:589-596; 404, 405. 

12. Who are some of the best-known representatives and senators? Forwhat reasons are they noted?

13. Who are the senators from your State? When was each elected?

14. Give the names of the speaker and of the president _pro tempore_. 

15. Would you have voted for the Seventeenth Amendment? See Outlook, 67:559-604; 73:277-285; 386-392. For other references, see James andSanford, Government in State and Nation, p. 137. 

CHAPTER VIII. 

POWERS AND DUTIES OF THE SEPARATE HOUSES. 

I. IMPEACHMENT. 

Article II, Section 4. _The President, Vice-President and all civilofficers of the United States, shall be removed from office onimpeachment for, and conviction of, treason, bribery, or other highcrimes and misdemeanors. _

Article I, Section 2, Clause 5. _The House of Representatives shall . . . Have the sole power of impeachment. _

Section 3, Clause 6. _The Senate shall have the sole power to try allimpeachments. When sitting for that purpose, they shall be on oath oraffirmation. When the President of the United States is tried, the ChiefJustice shall preside; and no person shall be convicted without theconcurrence of two-thirds of the members present. _

Section 3, Clause 7. _Judgment in cases of impeachment shall not extendfurther than to removal from office and disqualification to hold andenjoy any office of honor, trust, or profit under the United States; butthe party convicted shall nevertheless be liable and subject toindictment, trial, judgment, and punishment according to law. _

There have been but seven impeachment trials in the history of ourgovernment. Section 4 of Article II declares who may be impeached. Theexpression "civil officer" does not include military and naval officers. They are subject to trial by court-martial. Members of Congress may notbe impeached, since the Constitution authorizes each house to bring totrial and punish its own members. Clause 5 of Section 2, and Clauses 6and 7 of Section 3, Article I, give the method of procedure against anofficer who may be charged with "treason, bribery, or other high crimesand misdemeanors. " The articles of impeachment preferred by the House ofRepresentatives correspond to the indictment in a criminal trial. Themanner of conducting an impeachment trial, in the Senate, resembles alsoa trial by jury. [19] That the "Chief Justice shall preside" during thetrial of the President of the United States is a wise provision, becauseit is easy to presume that a Vice-President might be personallyinterested in the conviction of a President. 

[Footnote 19: See "Government in State and Nation, " p. 159. ]

II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH. 

Determination of Membership and Quorums. --Section 5, Clause 1. _Each house shall be the judge of the elections, returns, andqualifications of its own members, and a majority of each shallconstitute a quorum to do business; but a smaller number may adjournfrom day to day, and may be authorized to compel the attendance ofabsent members, in such manner and under such penalties as each housemay provide. _

In 1900 the right of a senator to a seat in the Senate was challenged bythe citizens of his State on the ground that his election was securedthrough bribery and corruption. In a memorial of the citizens forwardedby the governor, the matter formally came before the Senate. The casewas referred to the Committee on Privileges and Elections, whichunanimously reported, after careful deliberation, that the senator wasnot duly and legally elected by the legislature of his State. Thecommittee found that he had obtained through illegal and corruptpractices more than eight votes which would otherwise have been castagainst him and changed the result. Before a vote was taken in theSenate on this resolution the senator resigned his seat. 

In the House the name of the person possessing the certificate ofelection signed by the governor of his State is entered on the roll ofthe House, but the seat may still be contested. Many cases of contestedelections are considered by each new House. There were thirty-two seatscontested in the 54th Congress. Such cases are referred to the Committeeon Elections, which hears the testimony, and presents it to the Housefor final decision. Each of the cases when presented to the Houseconsumes from two to five days which might otherwise be used for thepurposes of legislation. The law provides that no more than $2000 shallbe paid either of the contestants for expenses, but even then, it isestimated, these contests cost the government, all told, $40, 000annually. When the decision is rendered by the House, the vote is, inmost cases, strictly on party lines, regardless of the testimony. Inview of these facts, it has been suggested that the Supreme Court decideall contested elections. 

How a Quorum is Secured. --If it appears, upon the count of thespeaker, or upon the roll-call of the House, that a majority is notpresent, business must be suspended until a quorum is secured. Fifteenmembers, including the speaker, may be authorized to compel theattendance of absent members. This is accomplished as follows: the doorsof the House are closed, the roll is called, and absentees noted. Thesergeant-at-arms, when directed by the majority of those present, sendsfor, arrests, and brings into the House those members who have notsufficient excuse for absence. When a quorum is secured, business isresumed. 

Rules and Discipline. --Section 5, Clause 2. _Each house maydetermine the rules of its proceedings, punish its members fordisorderly behavior, and, with the concurrence of two-thirds, expel amember. _

The Journal. --Section 5, Clause 3. _Each house shall keep a journalof its proceedings and from time to time publish the same, exceptingsuch parts as may in their judgment require secrecy; and the yeas andnays of the members of either house on any question shall, at the desireof one-fifth of those present, be entered on the journal. _

Our Knowledge of Congressional Proceedings. --As citizens in arepublican government, it is our duty to keep informed on the problemswhich our representatives are called upon to solve. Means of gaininginformation are not wanting. The public galleries of both houses areusually open to visitors. The official record of the proceedings ofCongress is made known to the public through the Journal, which is readat the opening of each day's session. Reports of the debates do notappear in the Journal, but are published each day in the _CongressionalRecord_. 

Another means of keeping constituents informed on the position of theirrepresentatives is through the recording in the Journal of the vote ofeach member when demanded by one-fifth of those present. In voting bythe "yeas and nays, " the clerk calls the roll of members and placesafter each name, "yea, " "nay, " "not voting, " or "absent. " The Senaterules specify this as the only method of voting. (Other methods ofvoting in the House are indicated on page 77. )

Power to Adjourn. --Section 5, Clause 4. _Neither house, during thesession of Congress, shall, without the consent of the other, adjournfor more than three days, nor to any other place than that in which thetwo houses shall be sitting. _

If there is a disagreement between the two houses with respect to thetime of adjournment, the President may adjourn them to such a time as hethinks proper. This right has never yet been exercised. 

Compensation and Freedom from Arrest. --Section 6, Clause 1. _Thesenators and representatives shall receive a compensation for theirservices, to be ascertained by law, and paid out of the treasury of theUnited States. They shall in all cases, except treason, felony, andbreach of the peace, be privileged from arrest during their attendanceat the sessions of their respective houses, and going to and returningfrom the same; and for any speech or debate in either house, they shallnot be questioned in any other place. _

Should the members of Congress be paid a salary, or should the office beregarded as exclusively one of honor? These questions were discussed atlength in the Constitutional Convention. Some of the delegates favoredthe English custom, by which members of Parliament receive no salary. Itwas finally concluded to adopt the provisions as given, in order thatmen of ability, though poor, might become members of the NationalLegislature. 

 By a law of 1789 the compensation of senators and representatives was fixed at six dollars per day and thirty cents for every mile traveled, by the most direct route, in going to and returning from the seat of government. Prior to 1873 this amount was changed several times by act of Congress. The compensation then agreed upon and until 1907 was $5000 per year, with mileage of twenty cents, and $125 per annum for stationery. The speaker received $8000 a year and mileage. The president _pro tempore_ received the same amount while acting as president of the Senate. 

 To many people $5000 seemed a large salary, but the great expense of living in Washington renders the salary quite inadequate. Members have been known to pay more than their salaries for house-rent alone. Accordingly, in 1907, the salary of senators and representatives was increased to $7500 and that of the speaker and president _pro tempore_ of the Senate to $12, 000. 

To Hold Other Offices. Disqualification. --Section 6, Clause 2. _Nosenator or representative shall, during the time for which he iselected, be appointed to any civil office under the authority of theUnited States which shall have been created, or the emoluments whereofshall have been increased, during such time; and no person holding anyoffice under the United States shall be a member of either house duringhis continuance in office. _

The purpose of this provision seems to have been to remove thetemptation on the part of Congressmen to create offices, or to increasethe emoluments of those already existing, in order to profit by suchlegislation. The exclusion of United States officials from seats inCongress was due to the desire of appeasing State jealousy, whichasserted that the National government would in this way secure an undueinfluence over the State governments. It is advocated, with good reason, that members of the Cabinet should be privileged to take part in thediscussion of measures in Congress which pertain to their owndepartments. Alexander Hamilton asked for this privilege. It was refusedbecause of the belief that he would exert too great influence over themembers. The precedent thus established has always been retained. 

But since executive officers are often invited to present their viewsbefore committees of Congress, they may, in this way, exert greatinfluence upon legislation. 

CHAPTER IX. 

HOW LAWS ARE MADE BY CONGRESS. 

Methods of Procedure Developed by Custom. --Very little can belearned directly from the Constitution concerning the actual methodsemployed in the enactment of laws by Congress. In both houses the waysin which business is conducted have been developed by custom; and theyhave changed from time to time according to circumstances. These methodsof procedure are different from those in use when the government wasnew. The principal reason for this is found in the growth of the amountof business that Congress must consider; this, in turn, has been causedby the growth of population and wealth, and by the expansion of businessrelations throughout this country and with other nations. 

I. _The Committee System. _--An understanding of this system is necessaryin order that we may follow the steps taken in the making of laws. Twofacts made the committee system necessary in the houses of Congress. (1)The number of members, especially in the House of Representatives, is solarge that business cannot be transacted quickly by the entire body. (2)The number of bills introduced is so very great that it is impossiblefor either house to consider all of them; hence it is necessary thatcommittees shall examine the bills and decide which are worthy ofconsideration. 

 In the long session of the 61st Congress more than 33, 000 bills were introduced into the House. The number of committees in the House was 61, the membership varying from 5 to 19. The most important House committees are those on Ways and Means (which has charge of all bills for raising revenue), Appropriations, Banking and Currency, Foreign Affairs, and Military Affairs. In the Senate of the 61st Congress there were 72 standing committees. The number of members on a committee was in most cases 9 or 11. A few of the Senate committees are those on Finance (corresponding to the Committee on Ways and Means in the House), Agriculture, Commerce, and Foreign Relations. 

 Both in the House and in the Senate every member is on some committee, and some members have places on several committees. In both houses the committees are elected. The chairman and a majority of the members of each committee are from the members of the party that has a majority in the house. 

Steps in the Progress of a Bill. --(1) The first step in theprogress of a bill is its _introduction_. This is done in the House bymerely placing the bill in a basket on the clerk's desk. In the Senatethe member introducing a bill rises and asks leave to introduce it. 

(2) The bill is next _referred_ to a committee. 

(3) If the committee decides that the bill should go further they_report it_ back to the house. 

The house will in a great majority of cases pass or reject it accordingto the committee's recommendation. Few bills are debated in eitherhouse, and in the most of these cases the discussion has no influenceupon the fate of the bill--it is meant merely to be heard or to beprinted. Hence, it is in that intermediate stage between the referenceof the bill to a committee and the report on it that the real work oflegislation is accomplished. 

The Power of Committees over Bills. --A committee may exercise theutmost freedom with respect to the bills referred to it. The greaternumber of bills receive no consideration whatever from the committees;these may never be reported if the committees see fit to ignore them. Other bills are amended by the committees, or new bills are substitutedfor them. Such is the power intrusted to Congressional committees. However, if a majority of the house wishes, it may take up fordiscussion a bill which one of its committees has decided not to reportback. 

 Many of the important committees have separate rooms where their meetings are held. Here the members may confer in secret, or they may hold public hearings; i. E. , persons are invited to give testimony or to make arguments. Frequently the majority members of a committee hold separate meetings, determine their policy, and then adhere to it regardless of the wishes of the minority members. The latter may present a separate report called the _minority report_ of the committee. 

Consideration of Bills. --(4) In the next step, the bill is broughtbefore the house for consideration. How is it determined which billsshall be thus favored? In some measure this depends upon the importanceand the merits of the bill; but it depends more upon the skill andinfluence of the member (generally the chairman of the committeereporting the bill) who is particularly interested in seeing it enactedinto law. In the House of Representatives this important matter is mostoften decided by the Committee on Rules, which is composed of tenmembers, six being of the party that has a majority in the House. Inmost cases this committee decides which bills shall be considered, andhow much time shall be given to the discussion of each one. So it isnecessary for the chairman of a committee to make a previous arrangementwith the speaker to be recognized before he can bring up his bill. Buton Wednesday of each week the chairmen of committees may call up theirbills in the order in which they secure recognition. And the Committeeon Rules does not control the bills which the House takes out of thehands of committees. 

II. _The Power of the Speaker. _--The speaker is the executive officerwho sees that the decisions of the Committee on Rules are carried out. In most important matters it is necessary for a member to make anarrangement with the speaker in order to secure recognition when hewishes to address the House. 

In exercising the power of _recognition_, the speaker will, of course, give both the sides a fair opportunity to debate upon importantmeasures. He will not permit members to make motions or lengthy speechesmerely for the sake of delaying some action to which they are opposed. Such actions are called _obstructive tactics_, or _filibustering_. 

 The Lobby, Log-rolling, and Patronage. --Not all the bills that come before Congress are passed or rejected because they are wise or unwise. The influences that determine the course of legislation at Washington are very numerous and complicated. Some of these influences are to a greater or less extent legitimate, and others are totally bad. The _lobby_, in its broadest sense, is composed of all those persons who go to Washington in order to exert pressure upon Congressmen in favor of or against certain measures. Some of the best laws and some of the worst are enacted through the influence of the lobbyist. _Log-rolling_ is an important influence in determining legislation; a member votes for the pet measure of his fellow Congressman on condition that the latter will vote for the bill in which he is particularly interested. Political _patronage_ is a great factor in determining votes in Congress; the power of members to recommend appointments, and the influences exerted in their favor by the appointees, often determine the question of their continuance in office. Consequently, there is a great temptation to use patronage in exchange for votes. The use of money directly in _bribery_ is difficult of detection, but other favors and privileges of money value are no less effective in the purchase of the votes of those members who are so unscrupulous as to be open to such influences. 

Debate in Congress. --It is now apparent that many other thingsbesides the arguments used in debate determine which bills shall passand which shall fail. In the House the time for debate is strictlylimited, on account of the amount of business. The chairman of thecommittee reporting a bill generally has one hour in which to urge thepassage of his measure; for a portion of the time he may _yield thefloor_ to other members, both friends and opponents of the bill. Ofcourse, much more than one hour is given to debate on important bills. Many of the speeches which are printed in the _Congressional Record_have not been delivered; but they are intended for circulation among theconstituents of representatives, and for use as campaign documents. Manyof the speeches that are actually delivered receive scant attention; thelack of interest in them is made evident by the noise and confusionthat very often prevail during sessions of the House. 

Senate Procedure. --In the Senate debate is not limited. Senatorsare expected to regard each other's rights with respect to the amount oftime and attention they may demand; yet a bill may be "talked to death"in the Senate. As a result, the Senate is less business-like in itsprocedure than the House, and some means of checking unlimiteddiscussion have often been proposed for it. 

Conference Committees. --A bill which has passed one house must besent to the other. Here it is introduced and goes through the stagesabove described. If one house amends a bill which has already passed theother, it must be returned for re-passage to the house where itoriginated. This is a frequent cause of conflict between the two houses, and each tries to insist on its rights. 

When such a dispute cannot be easily adjusted, a _conference committee_must be appointed. This is composed of members from each house, and theyendeavor to arrange a compromise which will be acceptable to bothhouses. Generally their decision is ratified without question, butsometimes even this method of settlement fails. 

Methods of Voting. --There are three methods of voting in Congress. (1) Members respond "aye" or "no" by acclamation. (2) If a _division_ iscalled for, a rising vote is taken and the members are counted. In theHouse the counting is done by two tellers, who stand near the speaker'sdesk, while the members pass between them in single file, first thosevoting in the affirmative, and afterward those opposing the motion. (3)When the "yeas and nays" are called for, or whenever the rules of eitherhouse require them, the roll is called and each member votes as heresponds to his name. This vote is entered on the Journal. 

 After the roll-call is completed, the presiding officer announces the _pairs_. Members who belong to different political parties may agree that they shall be recorded on opposite sides of party questions, whether they are present or not. Or pairs may be arranged for particular votes only. This device enables a member to be absent from his seat without feeling that his vote is needed. 

The President's Power in Law-Making. --A bill which has received amajority vote in both houses is next sent to the President. 

Article 1, Section 7, Clause 2. _Every bill which shall have passed theHouse of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve heshall sign it, but if not he shall return it, with his objections, tothat house in which it shall have originated, who shall enter theobjections at large on their journal and proceed to reconsider it. Ifafter such reconsideration two-thirds of that house shall agree to passthe bill, it shall be sent, together with the objections, to the otherhouse, by which it shall likewise be reconsidered, and if approved bytwo-thirds of that house it shall become a law. But in all such casesthe votes of both houses shall be determined by yeas and nays, and thenames of the persons voting for and against the bill shall be enteredon the journal of each house respectively. If any bill shall not bereturned by the President within ten days (Sundays excepted) after itshall have been presented to him, the same shall be a law, in likemanner as if he had signed it, unless the Congress by their adjournmentprevent its return, in which case it shall not be a law. _

There are then three ways in which a bill may become a law. (1) It maypass by majority vote in both houses and be signed by the President. (2)It may, after being vetoed by the President, be passed by two-thirdsvote in both houses. (3) It will become a law if the President neithersigns nor vetoes it within ten days, unless these are at the end of thesession. 

The framers of the Constitution intended that the veto power should be acheck, though not an absolute one, upon hasty or unwise legislation. ThePresident may cause a bill to fail by neither signing nor vetoing itduring the last ten days of a session. The term _pocket veto_ has beenapplied to this method of defeating bills. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Copies of the Congressional Record and the Congressional Directoryfurnish interesting illustrations of the topics treated in this chapter. 

2. What difference is there in the granting of recognition in the Senateand House? Harrison, This Country of Ours, 45-48. 

3. How are obstructive tactics carried on? Alton, Among the Law-makers, Chapter 20. 

4. Reinsch, Young Citizen's Reader, 198-213. Marriott, Uncle Sam'sBusiness, 8-16. 

CHAPTER X. 

SOME IMPORTANT POWERS OF CONGRESS. 

I. NATIONAL FINANCES. 

The Power of Taxation. --When we speak of the finances of a country, we mean its revenues and expenditures. Revenues have their originchiefly[20] in taxation, and the power vested in Congress by virtue ofwhich taxes are imposed and collected is found in the following clause:

Article I, Section 8, Clause 1. _The Congress shall have power to layand collect taxes, duties, imposts and excises, to pay the debts andprovide for the common defense and general welfare of the United States;but all duties, imposts and excises shall be uniform throughout theUnited States. _

[Footnote 20: Considerable sums are derived by our National governmentfrom the sale of public lands. See Chapter on Territories and PublicLands. ]

Duties on Imports. --The two forms of taxes relied upon by theUnited States for its revenues are (1) duties and (2) excises. [21] Aduty is a tax levied upon goods that are imported into the UnitedStates. [22] The merchant doing business in New York, for example, cannotobtain possession of the goods he has imported until the officers of thecustom-house at that port have examined the _invoice_, or the list ofarticles in each package, with their prices; and the officers mayexamine the goods, also, to see if they correspond in amount and qualityto the statements of the invoice. The importer then pays to thecollector of the port of New York the amount of the duty levied on hisimportation. 

[Footnote 21: The terms _duties_ and _imposts_ have nearly the samemeaning. ]

[Footnote 22: Duties on exports are prohibited in Section 9, Clause 5, of Article I: _No tax or duty shall be laid on articles exported fromany State_. ]

 Kinds of Duties. --These are of two kinds. (1) _Specific_ duties are fixed amounts levied on certain units of measurement of commodities, as the pound, yard, or gallon. Under the tariff law of 1909 the duty on tin-plate was one and two-tenths cents for each pound. (2) _Ad valorem_ duties are levied at a certain rate per cent on the value of the articles taxed. The law of 1909 laid a duty of 60 per cent on lace manufactures. 

 On some articles both kinds of duties are levied. Under the law just mentioned, the duties on carpets and rugs were 10 cents per square foot and 40 per cent _ad valorem_ in addition. 

 Passengers on steamships coming from foreign countries are required to declare what dutiable goods they have among their baggage, each person being allowed to enter $100 worth of goods free of duty. Upon landing, their baggage is examined; trunks and valises are opened, and in suspected cases the persons of travelers are searched for concealed dutiable goods. The temptation to undervaluation and to smuggling, in order to escape this form of taxation, is so great that constant vigilance is necessary at custom-houses and along the borders of the United States to prevent these frauds. Special agents and revenue cutters are employed to detect violations of the law. 

Tariff Laws. --A _tariff_ is the list of the rates of duties fixedby law. An importer of foreign goods must consider the amount of theduties he has paid as part of the cost of the goods when he sells them. If a higher price is caused in this way, less of such goods will beimported and the production of the goods in this country will beencouraged. Consequently, high rates of duties may have a decidedinfluence upon the industries of a country. When the rates of duties areso fixed as to bring about this result, we have a _protective_ tariff;i. E. , one under which persons can produce in this country certainarticles which otherwise they could not produce, because of theircheapness when imported from a foreign country. The duties are made sohigh that it is not profitable to import the articles. When rates ofduties are fixed primarily with the object of raising revenue, andwithout regard to their effect upon the industries of the country, wehave a _tariff for revenue_. This kind of tariff is generally meant whenthe term _free trade_ is used. Articles on which no duties are imposedare said to be on the _free list_. There is no country which fails tocollect duties on some of its importations. 

 Reciprocity Agreements. --The United States has entered into _reciprocity treaties_ with various countries for securing the reduction of tariff rates. Each country agrees to admit certain products of the other country at reduced rates, or free of duty. These are generally commodities in the production of which there is little or no competition between the parties to the treaty. 

Internal Revenue Taxes. --Excises are taxes laid upon themanufacture and sale of certain products within the country. At thepresent time these _internal revenue_ taxes are levied by the Nationalgovernment upon liquors, [23] tobacco, snuff, opium, oleomargarine, filled cheese, mixed flour, and playing cards. The greater number ofthese taxes are paid by the purchase of stamps, which must be affixed, in the proper denominations, to the articles taxed. When the packagesare broken, the stamps must be destroyed so that they cannot be usedagain. 

[Footnote 23: Taxes are levied, not only upon the liquors themselves, but upon the business of brewing and rectifying; of selling by wholesaleand by retail; of manufacturing stills; and upon the stills themselves. A list of these taxes may be obtained from the collector of any internalrevenue district. ]

 War Taxes. --Because taxes of this kind are so easily collected, the government has extended them to a great number of articles when it suddenly needed a large revenue, as in the War of 1812, the Civil War, and the Spanish War of 1898. The law of 1898 increased the taxes on liquors and tobacco, and imposed new taxes on (1) proprietary articles, and (2) documents. Under the first heading fall patent medicines and compounds of various kinds. Documentary taxes[24] were imposed upon legal papers, such as deeds, mortgages, etc. , and also upon bank checks and drafts, telegraph and telephone messages, and express receipts. Under this law the internal revenue receipts rose from $170, 000, 000 in 1898, to $273, 000, 000 in 1899. Congress has repealed these special war taxes. 

 [Footnote 24: These were exactly like those imposed by Parliament in the Stamp Act of 1765. ]

 Corporation Tax. --In 1909 Congress levied a tax upon corporations. Every corporation doing interstate business is required to report its earnings and its expenses. The difference between these amounts is its _net earnings_. The law requires the payment of one per cent of the net earnings that are in excess of $5000. 

Rules for Levying Taxes. --The Constitution contains three rules bywhich Congress must be guided in the levying of taxes. We have seen, Article I, Section 8, Clause 1, that _duties, imposts and excises mustbe uniform throughout the United States_; that is, the same rates mustprevail everywhere. Another provision, Article I, Section 2, Clause 3, is that _representatives and direct taxes shall be apportioned amongthe several States . . . According to their respective numbers_. [25]

[Footnote 25: See also Article 1, Section 9, Clause 4: _No capitation, or other direct, tax shall be laid unless in proportion to the census orenumeration hereinbefore directed to be taken. _]

The third provision is the Sixteenth Amendment, which became a part ofthe Constitution in February, 1913: Article 16. _The Congress shall havepower to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard toany census or enumeration. _

We have, therefore, the following classification:--

I. Direct | persons, [26]| Must be apportioned among taxes, | lands, | the States according to levied on | | population. 

II. Indirect | duties, | Must be uniform throughout taxes | imposts, | the United States. | excises, | | income | | taxes. |

[Footnote 26: These are _poll taxes_. Such a tax was levied on slaves in1798 and 1813. ]

So far, we have discussed the indirect taxes only, for at present theUnited States levies no direct taxes. In our previous history, however, the government has imposed all the kinds of taxes mentioned in theoutline above. In levying a direct tax, Congress must determine thetotal amount to be raised (as $2, 000, 000 in 1798, and $20, 000, 000 in1861), and then apportion this amount among the States, according totheir population. 

The bills introduced into Congress which provide for taxation arecalled "bills for raising revenue. " They must originate in the House ofRepresentatives (Article I, Section 7, Clause 1). The Committee on Waysand Means frames these bills. In the Senate such bills are referred tothe Committee on Finance, and here the bills may be amended. 

The Appropriation of Money. --Appropriation bills are those whichprovide for the expenditure of the government's funds, and these billsare in charge of the committee on appropriations in each house. 

Below is a list of the principal items in the revenues andappropriations for the year ending June 30, 1910. 

 REVENUES. Duties $333, 000, 000Internal revenue 290, 000, 000Miscellaneous 52, 000, 000 -----------Total $675, 000, 000

 EXPENDITURES. War Department $156, 000, 000Navy Department 123, 000, 000Indian Bureau 18, 000, 000Pensions 160, 000, 000Interest on public debt 21, 000, 000Civil list and miscellaneous 180, 000, 000 -----------Total $659, 000, 000

The Power to Borrow Money. --We have now seen how money is providedfor the government under ordinary circumstances. In extraordinary casesthis revenue is not sufficient; accordingly, Congress has been givenpower by Article 1, Section 8, Clause 2, _To borrow money on the creditof the United States_. 

Money is borrowed in most cases by the sale of bonds. These are of thesame nature as the promissory notes by which individuals obtain loans. National bonds state the promise of the United States to pay a certainamount, at a stated time, with interest. A "registered" bond containsthe name of the owner, and this is a matter of record at the TreasuryDepartment. When this bond is sold, the record must be changed. "Coupon"bonds are usually payable to bearer; they have attached to them a numberof coupons equal to the number of interest payments due during the termof the bond. Each of these is cut off as the payment becomes due, andcan be cashed at any bank. 

 Bonds are bought and sold on the market, and their prices are quoted in the daily papers. When the bonds fall due, they are _redeemed_ by the government at their face value, or "at par. " On the market all United States bonds are now selling "at a premium. " Issues of bonds were made in 1898, the rate of interest being 3 per cent, and in 1900, the rate being 2 per cent. The Public Debt Statement issued monthly by the Treasury Department gives the divisions of the bonded debt and the amount outstanding. On December 1, 1910, the amount of the interest-bearing debt was $913, 000, 000. 

II. THE POWER OF CONGRESS OVER COMMERCE. 

The Control of Commerce. --The power over commerce, which we arenext to discuss, was given to Congress because the history of thecountry under the Articles of Confederation showed clearly that Statecontrol of commerce resulted in confusion and constant disputes. It isnecessary that merchants and ship-owners should conduct their businessunder laws that are as _uniform_ as possible. It is also necessary thatthey should be _certain_ as to the terms of the law. These conditionscould not exist if each State were to make laws controlling the commercegoing to other States and to foreign countries. 

The Constitution gives Congress the power, in Article I, Section 8, Clause 3, _To regulate commerce with foreign nations, and among theseveral States, and with the Indian tribes_. Not all commerce that iscarried on by the citizens of this country is subject to control byCongress. 

There is a vast amount of commerce that is carried on entirely withinthe limits of the different States. Over this commerce Congress has nopower; it is regulated by State laws relating to trade andtransportation. 

Interstate Commerce. --The distinction between State and interstatecommerce is not readily seen in many cases; but in general it may besaid that if a commodity starts in one State destined for another, itscontrol throughout its course lies within the power of Congress. Thisprinciple applies to both land and water transportation. So the coasttrade among the States lies within the jurisdiction of Congress; also, commerce upon those rivers that form highways between different States. The harbors and waterways of the United States have been improved by theexpenditure of many millions of dollars. This money has beenappropriated in the "River and Harbor Bills" that are passed by almostevery Congress. 

The Interstate Commerce Law. --The importance of railroadtransportation led to the enactment, in 1887, of the "InterstateCommerce Law, " controlling this form of commerce. The law becamenecessary because of certain abuses which had arisen. In many instancesthe railroads gave lower freight rates to certain persons than to othersdoing the same kind of business; again, the merchants or manufacturersof certain cities were favored by more liberal rates than could beobtained by those who were engaged in the same industries in othercities. As a result, the business of many persons and places sufferedinjury, while the business of their rivals prospered through theadvantages given to them by the railroads. 

In consequence of these and other evils, various laws, beginning withthat of 1887, have been passed to control not only railroad andsteamboat lines, but also telegraph, telephone, express, andsleeping-car companies in so far as they are engaged in interstate andforeign commerce. 

Some provisions of these laws will now be stated, (1) Charges must bejust and reasonable. The Interstate Commerce Commission has power todecide what is reasonable, and to _fix rates, _ after an investigation. (2) It is unlawful to give one person or corporation a better rate thananother for the same service. This is called "discrimination. " Passescannot be granted, except to employees. (3) All rates must be postedwhere they can be consulted by any person. (4) All companies engaged ininterstate commerce must open their books to inspection by thecommission and must make reports that they require. (5) If any personobjects to a decision of the commission, he may appeal to the CommerceCourt, which has been created to consider such cases. 

The Control of Trusts. --Among the abuses arising in connection withinterstate commerce are those which result when persons enter intoagreements or combinations to prevent free competition; for under thesecircumstances prices are raised, or certain persons are favored intrade. In 1890, Congress passed a law prohibiting such combinations "inrestraint of trade or commerce among the several States or with foreignnations. " This is known as the Sherman Anti-trust Law. -Now, a trust issimply a large corporation which has absorbed or killed off, more orless completely, other establishments engaged in the same industry. Thetrust may or may not have a monopoly, that is, complete control in thatline of business; and it may or may not be engaged in interstatecommerce. An agreement among certain, railroad companies to establishand maintain freight rates was declared to be in violation of the law of1890. Also, a combination, or "conspiracy, " among railroad employees tostop the running of trains was declared illegal. 

 The "trust problem, " which is so prominent in current political discussion, is the question of preventing the evils of combination in industry. These evils become evident when excessive prices are charged by persons who control certain lines of business; that is, when free competition is prevented in the production, transportation, or sale of commodities. If the business conducted by a trust lies entirely within the limits of a single State's boundaries, then it must be regulated by State law. 

III. THE MONEY of THE UNITED STATES. 

Our National Currency. --Another of the most important powers ofCongress is that granted in the following clause:--

Article I, Section 8, Clause 5. _To coin money, regulate the valuethereof, and of foreign coin, and fix the standard of weights andmeasures. _

In civilized countries it is the practice of the government to furnishthe people a "circulating medium" for use in trade and commerce. Twokinds of money are in use in the United States: (1) coin or specie; and(2) paper money. The total amount of money in circulation in the UnitedStates on November 1, 1910, was $3, 124, 679, 057 or $35. 01 _per capita_for the whole population. We shall first consider the coins of thenation. 

How Coins Are Made. --The coinage of money takes place at the mints, which are located at Philadelphia, Denver, New Orleans, and SanFrancisco. Gold and silver come to the mints in the form of bricks, orrough bars, to which the term _bullion_ is applied. Alloy must be addedto the pure metal for the purpose of rendering it of sufficient hardnessto withstand wear. In our gold and silver coins one-tenth of the weightis an alloy composed of copper and nickel. A quantity of the bullion ofthe required purity is first melted and then cast into ingots, or longbars. Each bar is next run between heavy rollers until it takes the formof a thin strip. From the strip are punched round pieces, called"blanks, " of the size and thickness of the coin that is being made. Inthe next process the blank is weighed on a delicate balance; when foundto be of the correct weight, the coin is placed in a powerful press, andfrom this it comes with its edge raised above the face and its edgemilled. In a similar press the designs are stamped upon the faces of thecoin. 

Below is a list of the coins now being minted. 

 GOLD Coins. [27]

Double eagle Half-eagleEagle Quarter-eagle

 SILVER COINS. 

Standard dollar Quarter-dollarHalf-dollar Dime

 MINOR COINS. Five-cent (nickel) One-cent (bronze)

The silver coins less in value than one dollar are called _subsidiary_coins. 

[Footnote 27: No gold one-dollar pieces have been coined since 1890. ]

 The Ratio of Gold and Silver Coins. --The law fixes the weight of pure metal in a silver dollar at 371. 25 grains, troy weight, and that of the pure metal in a gold dollar at 23. 22 grains. The _ratio _ of these weights is 15. 988+: 1, or nearly 16:1. This indicates the origin of the famous expression, "sixteen to one. "

 Free Coinage. --By _free coinage _is meant a policy established by law, under which any person may bring bullion to the mint in any amount and have it coined; that is, the amount which the government will coin is _unlimited_ by law. Our country has always had the policy of free coinage with respect to gold. This was also the policy in the coinage of our silver dollars until 1873. At that time the coinage of the silver dollar was discontinued until a law was passed in 1878 (the Bland Act) renewing its coinage, but in _limited_ quantities. The government purchased silver bullion under this law, and under the Sherman Act (1890), but since 1893 no silver bullion has been purchased for the coinage of silver dollars, but the bullion already on hand has been used for this purpose. 

Paper Money. --We have in the United States five kinds of papermoney in general circulation:--

 Kinds. Amounts in circulation, Nov. 1, 1910. 1. United States notes $341, 000, 0002. Gold certificates 836, 000, 0003. Silver certificates 483, 000, 0004. National bank notes 706, 000, 0005. Treasury notes of 1890 3, 500, 000

The History of United States Notes. --United States notes, or"greenbacks, " as they are commonly called, originated during the CivilWar. When the government was without specie (i. E. , gold and silvermoney) with which to purchase supplies for the army and pay otherexpenses, it issued these notes. Each note says on its face, "The UnitedStates will pay to bearer $----. " Since no time was set for thefulfillment of this promise, and since there was neither gold nor silverin the Treasury with which to redeem the notes, people would naturallyhesitate to accept them in payment for goods or salaries. Consequently, Congress made the notes "legal tender";[28] that is, the law compelledcreditors to receive this kind of money in payment for debts. The notespassed into circulation, therefore, because people were forced to takethem; but their value depreciated greatly during the war. In 1879 thegovernment began the redemption of the notes in specie, and since thattime they have been worth their face value. 

[Footnote 28: Our full legal-tender coins at present are the gold coins, silver dollars, United States notes, and Treasury notes of 1890. Subsidiary silver coins are legal tender in amounts not greater than$10. 00, and the minor coins are legal tender to the amount oftwenty-five cents. ]

Gold and Silver Certificates. --It is much more convenient to handlepaper money than coins. When a person deposits gold or silver coin inthe Treasury, he may receive these certificates in exchange. Consequently, the value of these certificates in circulation representsan equal amount of gold coin and silver dollars stored in the UnitedStates Treasury and ready for exchange for the certificates at any time. 

National Bank Notes. --The fourth kind of paper money is issued byNational banks. These are organized under United States law and subjectto control by an officer of the Treasury Department. Like banks that areorganized under State law, National banks conduct the ordinary bankingoperations. That is, they receive deposits, loan money, and buy and selldrafts in the ordinary course of business. In addition, these banks aregiven the right "to issue notes. " In doing this, the bank first buys onthe market a certain amount of United States bonds; these it sends tothe Treasury at Washington and leaves there on deposit. The bank willthen receive from the Treasury "National bank notes" equal in amount tothe face value of the bonds deposited. These notes say that "TheNational Bank of ---- will pay the bearer $----, on demand. " Now, thebank may fail, i. E. , it may not be able to pay what it owes to itsdepositors and other creditors. But the holders of National bank noteswill not suffer loss. For the Treasury will sell the bonds and thusobtain cash with which it can redeem the notes held by individuals. 

The amount of Treasury notes of 1890 is comparatively small, and thiskind of money is destined to disappear within a few years. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The tariff schedule in force at the present time may be found innewspaper almanacs. Is this tariff high, low, or moderate in its rate?

2. The Statistical Abstract, published by the Bureau of Statistics ofthe Treasury Department, gives the list of items upon which duties andinternal revenue taxes are collected, and the amounts yielded by eachfor a series of years; the expenditures of the government, with thechief items; a statement of the National debt; and statistics concerningthe money of the United States. See also any newspaper almanac. 

3. Why do liquors and tobaccos bear the heaviest excise taxes? Whatreasons can you give for taxing the other articles mentioned on pp. 82-83?

4. Because our coins contain one-tenth alloy, they are said to benine-tenths fine. Calculate from the weights of pure metal, given on p. 91, the total weights of the gold and silver dollars. 

5. For information concerning the Act of Congress fixing a "standard ofweights and measures, " see Government in State and Nation, 188-189. 

6. The depreciation of the United States notes, referred to on p. 92, isshown graphically in Government in State and Nation, 185. 

7. For our money, see Reinsch, Young Citizen's Reader, 101-103;Marriott, Uncle Sam's Business, 97-119; 165-172; Century Book for YoungAmericans, 121-134. 

8. On commerce, read Harrison, This Country of Ours, 65-67. 

9. Finances. Harrison, 59-65, and Chapter 12; Marriott, 109-127. 

CHAPTER XI. 

OTHER GENERAL POWERS OF CONGRESS. 

I. POWER OF NATURALIZATION. 

Who Are Citizens. --Who are citizens of the United States is alwaysa question of interest. We find it clearly answered in the first clauseof the Fourteenth Amendment as follows: _All persons born or naturalizedin the United States and subject to the jurisdiction thereof arecitizens of the United States, and of the States wherein they reside. _

Thus there are two classes of citizens: (1) those who are citizens bybirth; (2) those who have been naturalized. Children born in thiscountry, though of foreign parentage, and residing here, may beconsidered American citizens if they choose. According to an Act ofCongress, passed in 1882, Chinese aliens may not be naturalized; but ourSupreme Court has decided that a child born in the United States ofChinese parents is a citizen, if he desires to be. Though born in aforeign country, a child whose father is an American citizen may claimthe privilege of American citizenship. Indians who keep their tribalrelations are not included under the provisions of this section. 

Naturalized Citizens. --The second class of citizens are those whoare naturalized. That the rules should be uniform by which aliensbecome citizens, is self-evident. After a brief discussion, theConstitutional Convention provided in Section 8, Clause 4, that_Congress shall have the power to establish a uniform rule ofnaturalization, and uniform laws on the subject of bankruptciesthroughout the United States. _

Process of Naturalization. --(1) The foreigner desiring to become acitizen goes before the clerk of any court of record and declares, "uponoath, " that it is his intention to become a citizen of the UnitedStates, and to renounce all allegiance to the government which hasjurisdiction over him. He then receives his "first papers. " (2) After hehas resided in the United States for five years, providing two yearshave elapsed since his "declaration of intention, " he may secure hiscertificate of naturalization. He must appear in open court and swearthat he will support the Constitution of the United States, and renounceall allegiance to any foreign power. Two witnesses must testify to histerm of residence, and declare that he is a man of good moral character. The applicant must be able to speak the English language. His wife, andthose of his children who are under twenty-one years of age, becomecitizens at the same time. In certain cases Congress has, by a singleact, admitted large numbers of aliens to American citizenship, as it didat the time of the purchase of Louisiana, the annexation of Texas, andof Hawaii. 

 Bankrupt Laws. --It sometimes happens, because of general depression in trade throughout the country, on account of losses, or for other reasons, that business men become heavily involved in debt. They are said to be insolvent. Now, it is but just that such property as they have should be divided in some equitable way among the creditors. A bankrupt law secures such a division, and the debtor is, at the same time, freed from all legal obligation to pay the debts which cannot be met in this way. The first law of Congress on this subject was passed in 1802, and repealed in 1803. Since that time there have been three other bankrupt laws, but the total time during which they have been in force amounts only to some twenty years. The last law, that of 1898, is still in operation. [29]

[Footnote 29: See "Government in State and Nation, " p. 193, for afurther discussion of bankrupt laws--especially that of 1898. ]

Some States have also passed insolvency laws. However, these must not inany way conflict with the provisions of the National bankrupt laws. 

II. THE POSTAL SYSTEM. 

Organization of the Post-office Department. --We can appreciatesomewhat the advancement made in the postal service rendered by thegovernment when we read that an Act of Congress in 1782 directed thatmail should be carried "at least once in each week from one office toanother. " Our well-organized postal system, declared recently by thePostmaster-General to be the "greatest business concern" in theworld, [30] has been evolved through laws made in carrying out theprovision of the Constitution that _Congress shall have power toestablish post-offices and post-roads. _

[Footnote 30: The total receipts of the Post-office Department for 1910were $224, 128, 657. ]

As is well known, the Postmaster-General, a member of the President'sCabinet, is at the head of this department of government. One of thechief burdens of the Post-office Department was formerly theappointment of the so-called fourth-class postmasters, intrusted to theFourth Assistant Postmaster-General. Executive orders of PresidentsRoosevelt and Taft placed 50, 000, or about five-sevenths, of thesepostmasters in the _classified_ service. An order of President Wilson, in 1913, applied the _merit_ system to these offices, by which thesepostmasters were compelled to demonstrate their fitness for theseappointments. This order included all fourth-class postmasters exceptthose paying less than $180 a year. The other three classes, in whichare included those postmasters whose salaries are not less than $1000, are appointed by the President, with the consent of the Senate. 

 Classes of Mail. --Mail matter belongs to one of four classes. In general, the classes and rates are as follows: First class--letters, two cents an ounce; second class--newspapers and periodicals, one cent a pound; third class--books, one cent for two ounces; and fourth class--merchandise, limited to four-pound packages, one cent an ounce. 

Free Delivery. --Among the notable advances in the mail service wasthe provision for the free distribution of mail in the cities of 10, 000inhabitants, or where the annual postal receipts are $10, 000 and above. 

Rural Free Delivery. --No innovation in postal methods has been moresuccessful than the free delivery of mails in the country districts. Thedevelopment of the system, since its establishment in 1897, has beenremarkable. [31]

[Footnote 31: According to the report of the superintendent for the yearending June 30, 1910, 41, 079 routes had been established. The ruralpopulation receiving daily mail service amounted to more than18, 000, 000. Two thousand one hundred and twenty-four new rural routeswere authorized in 1911, aggregating 51, 230 miles in length. PresidentTaft urged a further extension of the system. ]

Among the good effects resulting from its extensive introduction may bementioned the following: (1) Correspondence in the communities affectedhas increased. (2) The circulation of the daily newspaper and ofperiodical literature has been greatly enlarged, and interest has grownin public affairs. (3) Good roads have been multiplied, for they aremade one of the conditions for the introduction of the service. (4)Because the country districts are brought into daily communication withthe centres of population, the tendency to quit the farm for the townhas been lessened and thus rural free delivery is helping, in somedegree, to solve one of the problems of our social and industrial life. 

 Postal Savings-Banks. --At various times bills have been before Congress providing for the establishment of postal savings-banks in connection with post-offices. It is proposed that they shall receive small amounts on deposit, paying a low rate of interest, and that the funds secured be invested in government bonds. A law was passed in 1910 which provided for the establishment of postal savings-banks. The plan has proved a success. 

 Some of the Defects in Our Postal System. --(1) For thirty years prior to 1911 there has been an annual deficit of several million dollars. This was caused largely through the transportation of second-class matter, so-called periodical publications. But in 1911 there was a postal surplus of nearly $220, 000, which was due largely to more business-like methods in management. That this is an unjust drain upon the public funds is clear, when we consider that, in a recent year, the government expended $17, 277, 783 more than it received for carrying second-class mail. (2) Another serious defect has existed in the payment of exorbitant rates to railroad companies for carrying the mails. (3) Some Congressmen abuse the privilege granted them of sending government publications free. (4) The postal system has offered one of the best fields for the manipulation of the spoilsman. Postmasters have been usually appointed on the recommendation of representatives, and, too frequently, the one essential to securing an office is that the applicant must be influential in politics. 

 Parcels Post. --On January 1, 1913, a far-reaching innovation was put into operation by the Post-office Department. The parcels-post system was used for the first time. Bills providing for such a system had been introduced into Congress, but failed to pass owing largely to the opposition of express companies and other common carriers. 

III. COPYRIGHTS AND PATENTS. 

Copyrights and Patents. --Section 8, Clause 8. _To promote theprogress of science and useful arts, by securing, for limited times, toauthors and inventors, the exclusive right to their respective writingsand discoveries. _

The development of American literature has been greatly aided throughthe operation of laws based on this clause. Copyrights are secured fromthe Librarian of Congress. Any person obtaining a copyright has the soleright to print, copy, or sell the book, chart, engraving, music, etc. , for a period of twenty-eight years. A copyright may be renewed forfourteen years longer. It may be sold or transferred providing a recordof the transfer be made in the office of the Librarian of Congresswithin sixty days. 

Patents. --Americans have been rightly named the great inventors ofthe world. Not a little of our marvelous industrial progress has beendue to this inventive ability. The government has contributed to thesame end, through the enactment of laws protecting those inventors whosecure patents. A person desiring a patent must declare upon oath, inhis petition addressed to the Commissioner of Patents, that he believeshimself to be the first inventor of the article for which he solicits apatent. The sum of fifteen dollars is charged for filing theapplication, and twenty dollars for issuing the patent. A patent isgranted for seventeen years, but may be extended for seven years more. During this period, the patentee has the exclusive right to manufacture, sell, or transfer his invention. [32]

[Footnote 32: In the year 1910, 37, 421 patents were granted by ourgovernment. ]

IV. MILITARY POWERS IN CONGRESS. 

Section 8, Clauses 11, 12, 13, 14. _To declare war, grant letters ofmarque and reprisal, and make rules concerning captures on land andwater. 

To raise and support armies, but no appropriation of money to that useshall be for a longer term than two years. 

To provide and maintain a navy. 

To make rules for the government and regulation of the land and navalforces. _

The Army. --Americans are always impressed by the military spirit soprevalent in European nations. Compared with the standing army ofGermany, which has some 700, 000 men, and with that of Russia, containing1, 000, 000 men, or with that of most European nations, our army isinsignificant in size. According to a law of 1901, the army of theUnited States cannot contain more than 100, 000 men. [33]

[Footnote 33: The minimum number of men was fixed at 57, 000. In 1908, the number of officers and men in the army was 72, 628. ]

Fortunately, there has always existed in the United States the desire tokeep the standing army from becoming unduly large. The Constitutionitself indicates that appropriations for the army shall not be for alonger time than two years. At the end of this period, the people maycheck the growth of the army through the election of representativesopposed thereto. 

 Officers and Classification of the Army. --The President is, _ex officio_, commander-in-chief of the army and navy of the United States. The office of general was created, by Congress, March 3, 1799, but was not filled. It was revived in 1866 for General Grant, General Sherman succeeding to the title in 1869. The same rank was bestowed on General Sheridan in 1888. The lieutenant-general is next in rank to the general. The army is distributed geographically as follows: Division of the Philippines and the Departments of California, of the Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the Missouri, and of Texas. The division is in charge of a major-general, and the departments are each in charge of a major-general or of a brigadier-general. The commands which correspond to each grade are: major-general, four regiments; brigadier-general, two regiments; colonel, one regiment; lieutenant-colonel or major, a battalion or squadron; captain, a company. As now organized, infantry regiments consist of 12 companies, of 65 men each. Cavalry regiments contain 12 troops, each having 65 enlisted men. 

The Navy. --We are told by competent authorities that one of ourbest means of preserving peace with foreign powers is to maintain astrong navy. This has become much more necessary since the United Stateshas begun to acquire insular possessions. Although the construction ofthe modern American navy was not begun until 1883, there has been anotable advance within the past few years. In 1910 it was estimated thatour navy is excelled in strength only by that of Great Britain. Congress, in 1910, continued the policy of "adequate preparation" byauthorizing the construction of two battle-ships a year. 

 Names of Vessels. --A ship of the first class is given the name of a State; one of the second class that of a principal city or river, and the names for ships of the third class are selected by the President. The navy now contains 312 vessels. 

 Officers in the Navy. --The titles admiral and vice-admiral, corresponding to the grades of general and lieutenant-general in the army, were created by act of Congress to be bestowed on the following men as recognition for distinguished services during the Civil War: Admirals Farragut and Porter; and Vice-Admirals Farragut, Porter, and Rowan. Admiral Dewey was granted his title by a special Act of Congress after the Battle of Manila. The officers of the navy ranking with major-generals, brigadier-generals, colonels, and so on, in the army, are rear-admirals, commodores, captains, commanders, lieutenant-commanders, lieutenants, masters, ensigns. 

The Militia. --With but little opposition in the ConstitutionalConvention, Congress was given the power to make provision forcitizen-soldiers as follows:--

Section 8, Clause 15. _To provide for calling forth the militia toexecute the laws of the Union, suppress insurrections and repelinvasions. _

Clause 16. _To provide for organizing, arming and disciplining themilitia, and for governing such part of them as may be employed in theservice of the United States, reserving to the States respectively theappointment of the officers, and the authority of training the militiaaccording to the discipline prescribed by Congress. _

Number of the Militia. --All able-bodied male citizens of the UnitedStates and males between eighteen and forty-five years of age who havedeclared their intention to become citizens are regarded as the militiaforce of the country. As a matter of fact, there are at present onlyabout 100, 000 men enrolled in this service. But in the case of anemergency the President may compel the governors of the various Statesto furnish the troops needed. The militia may thus be called intoservice, under their own State officers, for a period of nine months. The War of 1812 and the Civil War furnish the best illustrations of theenforcement of this provision. 

 Volunteers of 1898. --We should note here the manner in which men were secured for the war against Spain. We see, according to Clause 15, that the militia may be called out only for the purposes of executing the laws of the Union, suppressing insurrections, and repelling invasions. Now, in the case given, the war was to be conducted in foreign territory, and President McKinley called for 200, 000 volunteers. It was understood, however, that preference would be given to those volunteers who were already members of the organized militia. 

V. LOCATION OF THE CAPITAL. 

Section 8, Clause 17. _Congress shall have the power to exerciseexclusive legislation in all cases whatsoever over such district (notexceeding ten miles square) as may, by cession of particular States andthe acceptance of Congress, become the seat of the government of theUnited States, and to exercise like authority over all places purchasedby the consent of the legislature of the State in which the same shallbe, for the erection of forts, magazines, arsenals, dock-yards and otherneedful buildings. _

One of the most interesting contests in American history arose in theselection of a site for the capital city. Congress finally accepted, forthis purpose, one hundred square miles of land on the Potomac River, which was ceded by Maryland and Virginia. The thirty square miles givenby Virginia were afterward returned to that State. The capital was to bein New York until 1790, then in Philadelphia until 1800. In 1800 it wastransferred to the new district, called the District of Columbia. [34]

[Footnote 34: For the government of this district, see "Government inState and Nation, " p. 204. ]

VI. IMPLIED POWERS. 

Strict and Loose Construction. --Our national development has been, in large measure, dependent on the interpretation of the next clause ofthe Constitution. It is often called the elastic clause. 

Section 8, Clause 18. _To make all laws which shall be necessary andproper for carrying into execution the foregoing powers and all otherpowers vested by this Constitution in the government of the UnitedStates or in any department or officer thereof. _

Briefly stated, the problem has always been, Has Congress the right toexercise powers not definitely granted by the Constitution? AlexanderHamilton first set forth the doctrine of _implied_ powers. He urged thatCongress might, in carrying out specific powers, use methods not_expressly_ provided for in the Constitution, as in the creation of abank or mint. Since the time of this interpretation, which, fortunatelyfor American interests, was sanctioned by Washington and later by theSupreme Court through its great Chief-Justice John Marshall, theadvocates of the doctrines of strict and loose construction havecontended for their principles. Does the Constitution permit theacquisition of territory? May Congress establish a protective tariff, ora system of internal improvements? We have here but three of the greatquestions which have led to a definition of these opposing views. Speaking in general terms, the party in power has favored looseconstruction, while the party out of power has advocated strictconstruction. Said Mr. Bryce, "The Americans have more than once benttheir Constitution in order that they might not be forced to breakit. "[35]

[Footnote 35: Bryce, "American Commonwealth, " I, 390. ]

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are some of the difficulties encountered in becoming a citizen?Independent, 65:994-1000. 

2. Is there a postal savings-bank in your town? Is it successful?

3. Should there be a system of postal telegraphy? Cent. Mag. , 59:952-956; N. Am. Rev. , 172:554-556. 

4. Extent and advantages of rural free delivery, Rev. Of R's, 27:55-60. 

5. Perils of the postal service, N. Am. Rev. , 172:420-430; 551-559. 

6. Defects in the postal system, N. Am. Rev. , 174:807-819; 175:115-127. 

7. Privateers and privateering, Government in State and Nation, 204;Walker, The Making of the Nation, 200. 

8. For the methods employed in the patent office and a comparisonbetween our system and that of European nations, see Cent. Mag. , 61:346-356. 

9. A good account of the reorganization of the army of the United Statesis given in the Atl. Mo. , 89:437-451. 

10. The development of the United States army, Scribner's Mag. , 30:286-311, 446-462, 593-613. 

11. West Point after a century, World's Work, August, 1902, 2433-2451. 

12. A hundred years of West Point, Outlook, 71:591-601. 

13. Life at West Point, Rev. Of R's, 26:45-53. 

14. What was the character of our navy prior to 1883? Harrison, ThisCountry of Ours, 251-255. 

15. The new American navy, Outlook, 73:323-337. 

16. Comparison of the strength of our navy with that of other nations, Rev. Of R's, 25:561-570; 39:347. 

17. What special problem was connected with the location of the capital?How was it finally settled? Hart, Contemporaries, III, 269-272;Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195. 

18. The development of Washington during the past one hundred years isdiscussed in Rev. Of R's, 22:675-686; Forum, 30:545-554; Outlook, 70:310, 311, 817-829; Cent. Mag. , 63:621-628, 724-756; Cosmop. , 30:109-120. 

19. Proposed improvements in Washington, Cent. Mag. , 63:621-628, 747-759. 

20. For the influence of the doctrine of implied powers, see:--

(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker, The Making of the Nation, 204, 205, 262, 363; Hart, Formation of theUnion, 227-229, 353-355. 

(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart, Formation of the Union, 150-151, 226-227; Walker, The Making of theNation, 82-83. 

(c) The annexation of territory, Hart, Contemporaries, III, 373-376;Walker, The Making of the Nation, 177-184; Hart, The Formation of theUnion, 188. 

(d) Legal-tender cases, Wilson, Division and Reunion, 280-281. 

21. For further questions on this chapter, consult Government in Stateand Nation, 206, 207. 

CHAPTER XII. 

POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES. 

While restrictions on Congressional powers are found elsewhere in theConstitution, Section 9 of Article I seems to have been framedespecially for this purpose. [36]

[Footnote 36: Clause 1 of this article formed an important part of thethird great compromise, which was discussed on p. 43. ]

Writ of Habeas Corpus. --Clause 2 provides: _The privilege of thewrit of habeas corpus shall not be suspended, unless when in cases ofrebellion or invasion, the public safety may require it. _

A writ of _habeas corpus_ is a writ granted by a court, commanding anofficer to produce before it a prisoner, in order that the court mayinquire into the cause of his imprisonment or detention. If, after suchinquiry, it is found that the person is detained for insufficient cause, he is granted his freedom. 

 President Lincoln and the Writ of Habeas Corpus. --President Lincoln, as a military necessity, in 1861, suspended the privilege of the writ over a limited area, constituting a large part of the State of Maryland. The Supreme Court, however, declared his order non-effective, maintaining that the right of suspending the writ of _habeas corpus_ lay with Congress, though it might be granted to the President. This attempt on the part of the Supreme Court to restrain Mr. Lincoln was a failure, and shows that even the highest of our tribunals may not have its usual power in time of war. It was not until March 3, 1863, that Congress made the decree of President Lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it. In September of that year he declared the suspension general throughout the country. 

Ex Post Facto Laws. --Clause 3. _No bill of attainder or ex postfacto laws shall be passed. _

An ex post facto law, as defined by the Supreme Court, is a "law whichrenders an act punishable in a manner in which it was not punishablewhen it was committed. " It applies to acts of a criminal natureonly. [37]

[Footnote 37: Clause 4 is discussed under National Finances, p. 84. ]

Care of Public Money. --Clause 7. _No money shall be drawn from theTreasury, but in consequence of appropriations made by law; and aregular statement and account of the receipts and expenditures of allpublic money shall be published from time to time. _

It is proper in a government such as ours that the control of the publicmoney should be lodged with the representatives of the people. Throughthe annual report of the Secretary of the Treasury, the people may knowfrom what sources our revenues are derived and for what purposes themoney is expended. 

Titles of Nobility and Gifts. --Clause 8. _No title of nobilityshall be granted by the United States; and no person holding any officeof profit or trust under them shall, without the consent of theCongress, accept of any present, emolument, office, or title of any kindwhatever from any king, prince, or foreign state. _

According to the wording of the clause, Congress may allow gifts, of thekind mentioned, to be accepted by our National officials. Usually, however, such gifts pass into the keeping of government. 

Powers Denied the States. --We recall the power of the States andweakness of the general government under the Articles of Confederation. It was plain to the members of the Constitutional Convention thathopeless confusion would arise if the States should also be given theright to coin money, pass ex post facto laws, etc. Therefore, certainprohibitions were made on the powers of the States. In Section 10, Clause 1, we note that these prohibitions are absolute, as:--

_No State shall enter into any treaty, alliance or confederation; grantletters of marque and reprisal, coin money, emit bills of credit; makeanything but gold and silver coin a tender in payment of debts; pass anybill of attainder, ex post facto law, or law impairing the obligation ofcontracts, or grant any title of nobility. _[38]

[Footnote 38: In the celebrated Dartmouth College case, it was finallydetermined that a State legislature may not modify the terms of acontract. See Life of John Marshall, by Magruder, "American Statesmen, "new ed. , 188-190. ]

In Section 10, Clauses 2 and 3, the prohibitions are only conditional;thus:--

_No State shall, without the consent of the Congress, lay any impost orduties on imports or exports except what may be absolutely necessaryfor executing its inspection laws; and the net produce of all duties andimposts laid by any State on imports or exports, shall be for the use ofthe Treasury of the United States; and all such laws shall be subject tothe revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty oftonnage, keep troops or ships of war in time of peace, enter into anyagreement or compact with another State or with a foreign power, orengage in war, unless actually invaded or in such imminent danger aswill not admit of delay. _

More Complete Protection of Personal Rights. --By a careful readingof Sections 9 and 10, it is seen that some of the rights of theindividual are guarded against encroachment on the part of government, either National or State. But the people felt that there were otherpersonal rights which needed protection. They were familiar with thebills of rights in their own State constitutions. That the NationalConstitution did not also contain a bill of rights was, as we have seen, one of the chief arguments made against its adoption in the Stateconventions. 

The First Ten Amendments. --A large number of propositions, therefore, were submitted to the first Congress by the States. Seventeenof these were selected by the House of Representatives, and proposed asamendments to the Constitution. Twelve of these were acceptable to theSenate also, and ten were ratified by the required three-fourths of theState legislatures. We call them the first ten amendments to theConstitution. If we read these amendments, we shall find that reallythey are a bill of rights, for the preservation or protection of rightsof the people is expressed in all. [39]

[Footnote 39: See Appendix A. ]

CHAPTER XIII. 

THE EXECUTIVE DEPARTMENT. 

The President and His Election. --We have seen that the one greatweakness of the government under the confederation was that thereexisted no adequate executive. After much discussion in the convention, the fear of a despot at the head of affairs gave place to the desire tosecure executive energy and responsibility. To-day the President is themost notable personage among all our officials. Mr. Bryce calls thePresidential office the greatest office in the world unless we exceptthe papacy. In the Executive Department the President's power ispractically absolute. He may appoint and remove, either directly orindirectly, all officials of the department, and they are finallyresponsible to him in the performance of their duties. His control ofinternational relations and his influence on legislation are, as weshall see, extensive. 

Length of Term. --Article II, Section 1, Clause 1. _The executivepower shall be vested in a President of the United States of America. Heshall hold his office during the term of four years, and, together withthe Vice-President, chosen for the same term, be elected as follows:_--

Method of Election. --How shall the President be chosen? Thisproblem is said to have taken one-seventh of the entire time of theconvention. While there were those who believed that election by thepeople would be wise, still this sentiment was not general. It wasthought that a choice in this way would cause great "tumult anddisorder. " Besides, it was urged that the people would not besufficiently acquainted with the men who have the necessaryqualifications for such high office. For a special investigation of thissort, they agreed that it would be best to select a small number ofpersons who would be most likely to possess the required information anddiscernment. The appointment of these independent electors was providedfor as follows:--

Appointment of Electors. --Section 1, Clause 2. _Each State shallappoint, in such manner as the legislature thereof may direct, a numberof electors equal to the whole number of senators and representatives towhich the State may be entitled in the Congress; but no senator orrepresentative or person holding an office of trust or profit under theUnited States, shall be appointed an elector. _

Article II, Section 1, Clause 3. _The Congress may determine the time ofchoosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. _

At present, the appointment of electors is a necessary but acomparatively unimportant step in the election of a President. 

The real power exists in the National conventions of the great politicalparties. Instead of exercising the right of free choice, as they wereoriginally expected to do, the electors are really bound to vote forcandidates nominated in these conventions. Let us consider, then, someof the chief points in the history and practical working of Nationalconventions. 

 Early Methods of Nominating. --Like the development of other political usages, the method of nominating a President passed through several stages before the present plan of nominating conventions was reached. No nominations were made in the first two Presidential elections. In 1796, Washington having refused to be a candidate for a third term, party managers in Congress agreed informally on Adams and Jefferson as the candidates of the Federalist and the Republican parties respectively. A caucus of Federalist Congressmen, in 1800, nominated Adams and Pinckney, and a caucus of Republican Congressmen nominated Jefferson and Burr, for the offices of President and Vice-President. The Republican members of Congress continued to hold a regular caucus and thus to direct the votes of the party electors until 1824. In that year William H. Crawford, the last Congressional nominee, was defeated. There was opposition to the Congressional caucus from the beginning, for such a method was regarded as undemocratic. In 1824 and 1828 the several State legislatures put forward their favorites for the office of President. 

 Development of National Conventions. --As early as 1812, De Witt Clinton was nominated as the candidate of the Federalists in a convention held in New York City, made up of seventy delegates, who represented eleven States. But the National nominating convention, as we know it, was used for the first time by the Anti-Masonic party, which selected William Wirt for its candidate in 1831. This method was followed in the same year by the National Republican party, which nominated Henry Clay. The National convention of the Democratic party in 1832 nominated Andrew Jackson, who had already been nominated by many local conventions and State legislatures. Many years elapsed before the present complex organization was reached, but since 1836, with the single exception of the Whig party in that year, parties have regarded the National convention as an essential factor in electing President and Vice-President. 

 Prior to the nominations for the Presidency in 1912, the usual plan was to select two delegates to the National convention from each of the Congressional districts, and also four delegates at large. The district delegates were chosen in the district conventions of the different parties, and the delegates at large in State conventions. In some of the States all of the delegates were selected in the State conventions. 

 It now seems probable before another Presidential election that some form of the _direct primary_ will be in use in all of the States. The growth of sentiment in favor of the selection of delegates to the National convention by the direct primary has been most remarkable. Oregon, California, Nebraska, New Jersey, North Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and Michigan passed such primary laws prior to the election of 1912. Pennsylvania had a modified primary law, and in a number of other States there were voluntary primaries. 

 Election of Delegates to the National Conventions. --The National conventions of the Republican and the Democratic parties are made up of twice as many delegates from the different States as these States have representatives and senators in Congress. 

 The National Convention. --The National convention is held in some leading city during the month of June or July of the year in which a President is to be elected. A few days before the time set for the convention, the delegates, together with many thousands of politicians and sight-seers, flock to that city. Headquarters are established and delegates are interviewed on behalf of the different candidates. On the day appointed, the convention is called to order by the chairman of the National committee, under whose auspices the convention is to be held. A temporary chairman is elected, and clerks and secretaries are appointed. Committees are also appointed, the most important being those on credentials and on resolutions. Each State delegation selects one of its members for each of the committees. In the next session, a permanent chairman is usually selected, and the committee on resolutions presents its report, which sets forth the platform embodying party doctrines and principles. Nominations are then in order. The roll of States is called, and the various delegations place before the convention the favorite of their State. A State often waives its privilege in behalf of some other State which has a candidate to present. Again the clerk calls the roll of the States, and each chairman of a delegation announces the votes from his State. In the Republican convention a majority of the number of delegates voting is sufficient to nominate; but no nomination is possible in the Democratic convention except by a vote of two-thirds of the delegates. Then follows the selection of a candidate for Vice-President. In this choice the attempt is made to secure some man who will add strength to the party, and who comes from a different section of the country from that represented by the candidate for the Presidency. He may, as in the cases of Tyler and Johnson, represent a faction of the party that is not in entire agreement with the majority. 

 The National Committee. --A National committee is also appointed, made up of one member from each State, who is nominated by the State delegation. The wishes of the Presidential candidate are of influence in the choice of the chairman, who need not be a member of the convention. The committee occupies a position of great importance, for by it the platform of the party is largely determined. We have here a body of men not mentioned by the Constitution, but exerting vastly greater influence upon the election of President than does the electoral college itself. It organizes the campaign, secures money, selects speakers, and sends out party literature. The committee looks after the interests of the party during the ensuing four years and issues the call for the next National convention. 

Election of Electors. --We are now ready to consider the place ofthe electors in the choice of a President. The nominations of candidatesfor the office of elector are usually made at the State conventions ofthe different parties when State tickets are nominated. These occur, ordinarily, in August or September preceding the November election. Each political party nominates as many electors as the State hassenators and representatives in Congress. The names of the electors arethen placed on the general party ticket, on which appear also the namesof the candidates for President and Vice-President; each person thenvotes for the entire number of electors to which his State is entitled, and will naturally vote for all the electors on his party ticket. Thepolitical party, therefore, which receives the majority of votes in aState secures all the electoral votes of that State. [40]

[Footnote 40: It has sometimes happened, however, when the election in aState has been close, that one or more of the electors on a minorityticket have run ahead of the other candidates on that ticket, and havesecured a larger number of votes than candidates on the majority ticket, thus obtaining an election. California, in 1892, gave one electoral voteto Mr. Harrison and eight to Mr. Cleveland, and again, in 1896, gaveeight votes to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, casttwelve votes for Mr. McKinley and one for Mr. Bryan. ]

 Vacancies in the Offices of Electors. --Congress enacted in 1845 that each State might provide, by law, for the filling of vacancies in the electoral college, and that if any State failed to choose electors on the regular day, that they might be appointed on a later day in such manner as the State might, by law, direct. Nearly all of the State legislatures have conferred on the college itself the power of filling vacancies. 

Function of Electors. --The steps prescribed by the Constitutionmust still be followed, although we know, long before the electors casttheir votes, who the next President will be. The actual function of theelectors is given in Amendment XII, as follows:--

_The electors shall meet in their respective States and vote by ballotfor President and Vice-President, one of whom, at least, shall not be aninhabitant of the same State with themselves; they shall name in theirballots the person voted for as President, and in distinct ballots theperson voted for as Vice-President; and they shall make distinct listsof all persons voted for as President, and of all persons voted for asVice-President, and of the number of votes for each, which lists theyshall sign, and certify, and transmit, sealed, to the seat of governmentof the United States, directed to the President of the Senate;--thePresident of the Senate shall, in the presence of the Senate and Houseof Representatives, open all the certificates, and the votes shall thenbe counted;--the person having the greatest number of votes forPresident shall be the President, if such number be a majority of thewhole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House ofRepresentatives shall choose immediately, by ballot, the President. Butin choosing the President, the votes shall be taken by States, therepresentation from each State having one vote; a quorum for thispurpose shall consist of a member or members from two-thirds of theStates, and a majority of the States shall be necessary to a choice. Andif the House of Representatives shall not choose a President, wheneverthe right to choose shall devolve upon them, before the fourth day ofMarch next following, then the Vice-President shall act as President, asin the case of the death or other constitutional disability of thePresident. --The person having the greatest number of votes asVice-President shall be the Vice-President, if such number be a majorityof the whole number of electors appointed; and if no person have amajority, then, from the two highest numbers on the list, the Senateshall choose the Vice-President; a quorum for the purpose shall consistof two-thirds of the whole number of senators, and a majority of thewhole number shall be necessary to a choice. But no personconstitutionally ineligible to the office of President shall be eligibleto that of Vice-President of the United States. _

Voting of the Electors. --The formal election of President takesplace on the second Monday in January, when the electors meet at theirvarious State capitals and cast their votes. Separate ballots are givenfor Vice-President. Three separate sealed lists of the results are thenprepared. Two of these are sent to the President of the Senate, one bymail and the other by special messenger. The third is deposited with theUnited States district judge of the district in which the electors meet. On the second Wednesday in February the votes are opened by thePresident of the Senate, in the presence of the Senate and House ofRepresentatives, and counted. That person having a majority of theelectoral votes case for President is declared to be duly elected. Theone who has a majority of the electoral votes cast for Vice-President isalso elected to that office. 

 Election of President by the House of Representatives. --In case no Presidential candidate receives a majority of the electoral votes, the election goes to the House of Representatives, as is provided in the amendment we are considering. Here the three candidates having the highest number of votes are alone considered. The voting is by States. In 1825 John Quincy Adams was elected President in this way. He had fewer popular and fewer electoral votes than Andrew Jackson, but he received the votes of thirteen out of twenty-four States in the House. 

 Choice of Vice-President by the Senate. --The Senate is called on to select the Vice-President in case no candidate has received a majority of the electoral votes. The two candidates having the highest number of votes are considered. The only instance of the election of a Vice-President in this way occurred in 1837. 

 Disputed Returns, Election of 1876. --Disputes have arisen, from time to time, over some of the returns of the electoral votes. The most notable contest was that over the returns from Florida, Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one electoral votes from these States should be counted for the Republican candidates, they would be elected. Should just one of those votes be given to the Democratic nominees, the Republicans would lose the election. Now the Senate at this time was Republican, and the House Democratic, and therefore no satisfactory adjustment could be reached, because of party prejudices. The excitement throughout the country was finally relieved by the agreement on the part of both houses to refer the decision to an "Electoral Commission. "

 This commission consisted of five judges of the Supreme Court, five representatives, and five senators. After examining the returns, the commission decided, March 2, 1877, by a vote of eight to seven, that Hayes and Wheeler, the Republican candidates, had received the twenty-one votes in dispute, thus giving them one hundred and eighty-five electoral votes, and that Tilden and Hendricks, the Democratic candidates, had received one hundred and eighty-four electoral votes. 

 In consequence of the grave problem which arose in 1877, Congress passed an act February 3, 1887, which provides that any contest in the choice of electors in a State must be decided by the State authorities under the laws of the State. 

 The Original Method of Choosing the President. --Because Presidents Washington, Adams, and Jefferson for his first term, were chosen by the plan given in the original clause, let us notice, briefly, the method used at that time, and especially the reasons for the change to the present plan. 

 Section 1, Clause 2. _The electors shall meet in their respective States, and vote by ballot for two persons, one of whom, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person then having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. _

 According to this clause, we note that the electors voted for two persons without stating which was to be President and which Vice-President. In the official count, the candidate receiving the highest number of votes, provided it was a majority of the whole number of the electoral votes, became President, and the one receiving the next highest became Vice-President. 

 Election of 1796. --In the election of 1796, John Adams, who received the highest number, seventy-one, out of one hundred and thirty-two electoral votes, was elected President. Thomas Jefferson, his opponent, became Vice-President, having received sixty-eight votes, or the next highest number. Thus there were elected a President of one party and a Vice-President of the opposing party. 

 Election of 1800. --The election of 1800 also showed the plan to be impracticable. At this time, the Democratic-Republican party was determined to have Mr. Jefferson for President and Aaron Burr for Vice-President. They both received seventy-three votes, a majority of all the votes. But since the number was equal, it devolved upon the House of Representatives to determine whether Jefferson or Burr should be President. For seven days the House was in continuous session, and civil war threatened. On the thirty-sixth ballot, however, Jefferson received the votes of ten States out of sixteen, and was elected. 

 In order to prevent a recurrence of the conditions which obtained in 1796, or of the dangers incident to a contest like that of 1800, the Twelfth Amendment was proposed by Congress, and, after ratification, was declared in force September 25, 1804. This provides, as we have seen, that the electoral votes must be cast separately for President and Vice-President. 

 The Presidential Term. --Shall the President hold office for a term of three years, of seven years, or during good behavior? These were questions of great interest in the Constitutional Convention. A term of seven years with no re-election was agreed upon, but toward the end of the convention the clause as given was adopted. 

 Re-election of a President. --The Constitution does not limit the number of terms for which a President may be chosen, but the "third-term tradition" has now made it practically impossible for the same man to be elected for more than two terms. This custom was inaugurated by the refusal of President Washington to accept a third term. President Jefferson was also urged to stand for a third term, but he, too, preferred to retire to private life as Washington had done. The adherents of General Grant strove to break down this precedent in 1880 but were defeated. Although President Roosevelt had served a part of a term and one full term the argument of a third term was brought against him. 

 A Longer Term. --It is frequently urged that the Constitution should be amended in such a manner as to provide for a term of six or seven years for the President, with no re-election. Among the reasons for this change are the following: (1) a new President has most of his time, for months, at the beginning of his term, consumed in hearing the claims of applicants for office, and in making appointments; (2) there is danger that he may be influenced in his official actions through desire to secure a second term; (3) the commercial depression that usually exists during a campaign would thus come less frequently. These arguments may be used in opposition to such a change: (1) in the case of an inefficient President, the short term is to be preferred; (2) the Presidential campaign is of value, in that the attention of Americans generally is for a time fixed on the problems connected with the conduct of our government. It furnishes the opportunity for imparting to our citizens many lessons in their political education. 

Qualifications for President and Vice-President. --Thequalifications for President and Vice-President are naturally the same, and are as follows:--

Section 1, Clause 4. _No person, except a natural-born citizen, or acitizen of the United States at the time of the adoption of thisConstitution, shall be eligible to the office of President; neithershall any person be eligible to that office who shall not have attainedto the age of thirty-five years, and been fourteen years a residentwithin the United States. _

Vacancies. --The chief reason for creating the office ofVice-President seems to have been to provide for the emergency of avacancy in the Presidency. 

Section 1, Clause 5. _In case of the removal of the President fromoffice or of his death, resignation, or inability to discharge thepowers and duties of the said office, the same shall devolve on theVice-President, and the Congress may, by law, provide for the case ofremoval, death, resignation, or inability both of the President andVice-President, declaring what officer shall then act as President, andsuch officer shall act accordingly, until the disability be removed, ora President shall be elected. _

Presidential Succession. --In 1886 Congress provided that in case of thedeath, resignation, or disability[41] of both President andVice-President, the succession should be in the following order:Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretaryof the Interior. The Secretary of Agriculture was added in 1889. 

[Footnote 41: What constitutes disability has not been settled. President Garfield performed only the single executive act of signing anextradition paper from July 2 to September 19, 1881. The fact of hisinability to discharge the duties of President was not formallyestablished. Nor was there declared disability in the case of PresidentMcKinley, between September 6 and the day of his death, September 14, 1901. ]

Salary of the President. --Section I, Clause 6. _The President shall, atstated times, receive for his services a compensation, which shallneither be increased nor diminished during the period for which he mayhave been elected, and he shall not receive within that period any otheremolument from the United States or any of them. _

In 1909 the salary of the President was changed from $50, 000 to $75, 000a year. The custom has been established that no President shall receivea gift from any civil body, such as a city council, a State legislature, or a foreign state. In addition to his salary, the President is providedwith an "executive mansion, " the "White House, " which is furnished atthe expense of the government. The Vice-President receives $12, 000annually. 

 Salaries of Foreign Rulers. --The salary paid our President is small when we compare it with the grants made to European rulers. In 1901 the English government voted some $4, 000, 000 for the annual use of the royal household. The Czar of Russia receives $6, 500, 000 annually, in addition to revenues derived from 1, 000, 000 square miles of crown domains. The President of France receives $231, 600 annually. 

Inauguration Day. --One of the most notable of our civic festivals occurson the fourth of March[42] after the Presidential election. Thenthousands of people go to Washington to witness the inaugural exercises, by which the President and Vice-President are formally invested withtheir offices. The Constitution provides that the President shall takethe following oath of office before entering on his duties:--

Section I, Clause 7. _I do solemnly swear (or affirm) that I willfaithfully execute the office of President of the United States, andwill to the best of my ability preserve, protect, and defend theConstitution of the United States. _

[Footnote 42: It is frequently urged, with good reason, that this dateshould be changed to a time of year when the weather in Washington wouldbe more favorable. An amendment, recently sanctioned by the Senate, provides that the date for the inauguration shall be the last Thursdayof April. The chief objection to this change seems to be the furtherextension of time between the election and the assuming of duties. ]

It has been established, by custom, that the oath shall be administeredby the Chief Justice of the United States, at the east front of theCapitol. After taking the oath the President gives his inauguraladdress, which outlines the policy he purposes to carry out. Immediately after his inauguration, unless it be his second term, hecalls the Senate together, and places before it his nominations formembers of the cabinet, and for such other important offices as he maydesire to make. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which of the Presidents have served two terms? How was their electionfor a second term to be accounted for?

2. The method of calling National political conventions. When held?Questions considered. Make a study of the last convention. Cosmop. , 29:194-200; Scribner's Mag. , 27: 643-656. 

3. Under what conditions was the first platform of a National conventionagreed upon? Wilson, Division and Reunion, 63. 

4. For the work of the National committee, see Rev. Of R's, 22: 549-556;556-563. 

5. The power of the chairman of the National committee is discussed inAtl. Mo. , 89: 76-81. 

6. What was the probable origin of the system of electing the Presidentby electors? Harrison, This Country of Ours, 78; Fiske, Critical Periodof American History, 66, 280-289. 

7. For the methods which have been used in electing a President, see N. Am. Rev. , 171: 273-280. 

8. Should the President be elected by direct popular vote? N. Am. Rev. , 171: 273-280; 281-288; Scribner's Mag. , 27: 643-656. 

9. For some of the problems connected with the electoral colleges in thehistory of elections, see Rev. Of R's, 23: 66-69. 

10. What is the method used in counting the electoral votes? EdmundAlton, Among the Lawmakers, 88-89. 

11. Do you agree with Mr. Bryce that the tendency is to select forPresident men who have not been prominent? Bryce, American Commonwealth, I, chap. 8. 

12. Was the present President notable before his election? In what ways?

13. What were the chief causes for the success of his party?

14. How many electoral votes were required for election? He receivedhow many? Did he receive a majority of the popular votes? Election of1900, Rev. Of R's, 22: 673-674; 655-658. 

15. How many electors were there from your State? For whom did theyvote? How is this majority in your State to be accounted for? Rev. OfR's, 22: 673-674, 655-658, 664. 

16. Would successful governors make good candidates for President? Inwhat particulars do the offices resemble each other? Would you favormaking the governor of your State President? Wilson, CongressionalGovernment, 253, 254. 

17. Why was the election of John Quincy Adams of especial interest? Whatresults followed? Burgess, The Middle Period, 140, 141; Wilson, Divisionand Reunion, 18. 

18. State the chief points connected with the "disputed election" of1876. Wilson, Division and Reunion, 283-286; Johnston, AmericanPolitics, 233-237; Cent. Mag. , 62: 923-934. 

19. Give the names of the Presidents who have died in office. By whomwere they succeeded?

20. For a good discussion of the _unit rule_ and _two-thirds_ rule ofthe Democratic conventions, see Rev. Of R's, 45: 705-710. 

21. What is a "minority" President? Government in State and Nation, 264. 

22. An interesting account of the White House. Outlook, 70: 287-299. 

23. Inauguration events of 1901. Rev. Of R's, 23: 405, 406; Outlook, 67:555, 556. 

24. Incidents of Presidential inaugurations. World's Work, 1: 477-479. 

25. For other questions and references on the chapter, see Government inState and Nation, 231, 232. 

CHAPTER XIV. 

POWERS AND DUTIES OF THE PRESIDENT

Military Powers of the President. --An eminent Americanhistorian, [43] writing of the power exercised by President Lincoln intime of war, said, "It is an interesting fact, that the ruler of arepublic which sprang from a resistance to the English king andParliament should exercise more arbitrary power than any Englishmansince Oliver Cromwell, and that many of his acts should be worthy of aTudor. "

[Footnote 43: James Ford Rhodes, _Scribner's Magazine, _ February, 1903. ]

President Lincoln, it is true, exercised powers which, if attempted by aweaker man, or at another time, might have proved dangerous to theliberties of the people. [44]

[Footnote 44: For the suspension of the privilege of the writ of _habeascorpus_, see p. 109. ]

This he did through his interpretation of Clause 1, Section 2. 

_The President shall be commander-in-chief of the army and navy of theUnited States, and of the militia of the several States when called intothe actual service of the United States; he may require the opinion, inwriting, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, andhe shall have power to grant reprieves and pardons for offenses againstthe United States, except in cases of impeachment. _

Reprieves and Pardons. --The ordinary powers of the President arealso important. [45] One of the greatest is the power to grant reprievesand pardons. A reprieve is the temporary suspension of the execution ofa sentence. By means of a reprieve the President may gain time to lookinto the evidence more carefully. Complete release from a sentence issecured by a pardon. [46]

[Footnote 45: For the power of the President over legislation by meansof the veto, see pp. 78, 79. ]

[Footnote 46: President Harrison was called upon to consider 779requests for pardon. Of these 527 were granted, wholly or partially. President Cleveland acted on 907 such cases, and granted 506, in wholeor in part. ]

Treaty-Making Power. --Section 2, Clause 2. _He shall have power, byand with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur_. 

While the power to conclude treaties seems to be without restriction, itis implied that no treaty shall in any way interfere with the authorityof the Constitution. The usual steps in the negotiation of treaties areas follows: (1) In time of peace they are conducted at the capital ofthe nation that begins the negotiation. If this is in Washington, theterms are considered by the Secretary of State and the minister of theother nation; if in a foreign capital, our minister acts underinstructions sent him by the Secretary of State. At times, one or morespecial ministers are sent abroad for the purpose of negotiating atreaty. (2) In time of war, the minister of the nation with which we areat war leaves the United States. The interests of his nation are thenintrusted to the minister of some neutral power, and through thisminister negotiations for peace are usually begun. (3) The treaty ofpeace at the close of a war is generally negotiated in some neutralcountry by special commissioners appointed by the nations at war. 

In all cases, the President exercises general control over thenegotiation and framing of treaties. After an agreement has beenreached, the treaty is sent to the Senate. It is discussed in executiveor secret session. This means that the treaty and all matters pertainingto it are kept secret until, by a resolution, the Senate allows thediscussion to be made public. The Senate may approve, reject, or modifythe terms. If amendments are made, they must be agreed to by thePresident and by the other nation interested. When a treaty has beenfinally approved by the officials of both countries, duplicate copies ofit are made on parchment. Both of these copies are signed by the chiefofficers of each country, and the copies are then exchanged. This iscalled the "exchange of ratification. " An official copy of the treaty isthus secured by each nation. The President then publishes the treatyaccompanied by a proclamation, in which it is declared to be a part ofthe law of the land. 

 If the terms of a treaty call for the payment of money by the United States, the necessary amount can be appropriated only by an Act of Congress. The House of Representatives may refuse to give its sanction to such an appropriation, and may thus prevent the treaty going into effect. 

Power of Appointment. --When it is considered that the President hasthe _nominal_ power of appointing over 150, 000 persons to office, wecan readily see that this comprises one of his chief powers. His rightto select office-holders is granted in Section 2, Clause 2. _He shallnominate, and by and with the advice and consent of the Senate, shallappoint ambassadors, other public ministers and consuls, judges of theSupreme Court, and all other officers of the United States, whoseappointments are not herein otherwise provided for, and which shall beestablished by law; but the Congress may by law vest the appointment ofsuch inferior officers as they think proper, in the President alone, inthe courts of law, or in the heads of departments. _

Vacancies. --Section 2, Clause 3. _The President shall have power to fillup all vacancies that may happen during the recess of the Senate, bygranting commissions which shall expire at the end of their nextsession. _

Presidential Appointments. --It would be quite impossible for thePresident, personally, to oversee all of these appointments, and so alarge percentage of them is made by officials in the differentdepartments. There are, besides the ambassadors, consuls, and judges ofthe Supreme Court, some 7000 so-called Presidential officers, whoseappointments must receive the sanction of the Senate. More than one-halfof these are postmasters of the first class[47]. Among the mostimportant of these officers are the Cabinet, interstate commercecommissioners, district attorneys, and all military and naval officerswhose appointment is not otherwise ordered by law. 

[Footnote 47: Those who receive an annual salary of $1000 and above. ]

 Official Patronage. --In making his appointments the President is largely dependent upon the advice of the head of that department under whose direction the officer will come, or upon the recommendation of the representatives and senators of his party from the State in which the office is located. This official patronage, through which political assistants in a State may be rewarded with a Federal office, has become so burdensome that many Congressmen complain of it and desire to be freed from its exactions. 

 Senatorial Courtesy. --There has grown up an almost invariable custom, known as senatorial courtesy. This demands that if the office to be filled is located in a State, the appointment be not confirmed unless it receives the sanction of one or both of the senators of the State concerned, provided they are members of the same political party as the President. 

 Action of the Senate on Nominations. --All of the nominations sent by the President to the Senate are submitted to appropriate committees, as, postmasters to the Post Office Committee, ambassadors to the Committee on Foreign Affairs. The report of the committee is considered in secret session, and the nomination is then voted on. If the vote is adverse, the President must make another nomination. 

The Spoils System. --During the first forty years of our governmentthere were only seventy-four removals from office. The opinion wasgeneral that there were a large number of strictly non-political officesin the departments and elsewhere, the holders of which should beregarded as agents or clerks whose duty it was to assist in carrying onthe business of government. Therefore the best results could be secured, it was believed, only as these positions should be filled by persons themost competent, who might hope to retain the office so long as they gaveefficient service. But with the coming in of President Jackson the"spoils system" was introduced. This system, in practice, provides thatpolitical workers belonging to a victorious party may, as far aspossible, receive reward for their services in the shape of some office. "To the victors belong the spoils of the enemy" is the familiar motto ofthose who have advocated this system. During the first year of PresidentJackson's administration 2000 officials were deprived of their offices, and friends of the administration were put in their positions. From thattime there has been great pressure on every new President similarly toreward his followers. 

Civil Service Reform. --While the evils had been pointed out atvarious times, little was done to remedy the spoils system untilCongress, in 1883, passed the Civil Service Law, known as the PendletonBill. It provides for a Civil Service Commission of three members, notmore than two of whom may belong to the same political party. Thiscommission gives competitive examinations, which are required fortesting the fitness of applicants for certain positions in the publicservice. The number of offices originally included under the act wasabout 14, 000. The President is given the power to direct the furtherextension of the "classified service, " that is, those positions that areto be filled by persons who have passed the best examinations. In 1913there were some 284, 000 classified offices. While much has beenaccomplished, during the past twenty years, toward reforming civilservice appointments, it is to be hoped that a large number of theunclassified offices will, at an early date, be placed on the list to befilled only after examination. [48] The National government may thusfurther assist in the movement for like reforms already so well begun insome of our States and cities. 

[Footnote 48: In 1913 there were 100, 000 unclassified or exceptedoffices. During the year 1901-1902, the civil service rules providingfor competitive examinations were extended by order of the President orby act of Congress so as to include the rural free delivery service, employees of the permanent census bureau, and additional employees madenecessary because of the war with Spain. Five thousand eight hundredoffices were placed on the competition basis in 1911, and 50, 000 in1913. ]

Duties of the President. --Section 3. _He shall, from time to time, give to the Congress information of the state of the Union, andrecommend to their consideration such measures as he shall judgenecessary and expedient; he may, on extraordinary occasions, conveneboth houses, or either of them, and in case of disagreement betweenthem, with respect to the time of adjournment, he may adjourn them tosuch time as he shall think proper; he shall receive ambassadors andother public ministers; he shall take care that the laws be faithfullyexecuted, and shall commission all the officers of the United States. _

Presidential Messages. --By means of the annual message sent toCongress at the opening of the session, and special messages onparticular occasions, the President is enabled to call attention to thelegislative needs of the country. The plan of having a message read ineach house by the clerk or secretary was introduced by PresidentJefferson. Presidents Washington and Adams addressed, in person, Congress assembled in joint session. Various reasons have been allegedfor this change. President Jefferson was a poor speaker, and it is saidthat he regarded the formal address as monarchical. President Wilsonread his message before Congress in the special session of April, 1913. 

Enforcement of the Laws. --The most important duty of the Presidentis to see that all laws passed by Congress are faithfully executed. Lawsare useless unless they are enforced, and it is chiefly for theperformance of this task that the Executive was originally created. Itis not contemplated that this duty shall be performed by him in person, but through officials who are directly responsible to him. The UnitedStates marshals and their deputies exercise a wide influence in seeingthat the laws are enforced. They usually act under an order from aUnited States court, but may, at times, act without such a writ. Ifnecessary, the President may send the army and navy of the United Statesor call out the militia of the States to overcome any resistance toFederal law. 

 Each State possesses the power of enforcing its own laws and is of right protected in the exercise of this prerogative. In case of an insurrection, however, the State militia is sent by order of the governor to suppress it. Should they fail to restore order, the legislature, or the executive (when the legislature cannot be convened), applies to the President for military aid. [49] If the uprising has interfered in any way with the carrying out of the laws of the nation, the President may, at his discretion, send troops to suppress it without having been asked to do so by the legislature or the governor. There was a notable illustration of this point during the time of the Chicago riots, in July, 1894. 

 [Footnote 49: Article IV, Section 4. _The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or the executive (when the legislature cannot be convened), against domestic violence. _]

 President Cleveland _vs_. The Governor of Illinois. --In addition to destroying property belonging to the railways centering in Chicago, the striking employees prevented the free movement of the trains. Mr. Altgeld, then governor of Illinois, did not provide against these abuses, and President Cleveland ordered the United States troops under General Miles to suppress the rioting. The President, who was severely criticized by Mr. Altgeld, justified his sending the troops on the following grounds: (1) that the processes of the Federal courts could not be executed; (2) that the transportation of the United States mails was obstructed; and (3) that the laws on interstate commerce were not enforced. 

 The United States Supreme Court took the same position as President Cleveland in a case which grew out of these riots. Mr. Justice Brewer, in delivering the opinion of the court, said: "We hold that the government of the United States is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen; that, while it is a government of enumerated powers, it has within the limits of those powers all the attributes of sovereignty; that to it is committed power over interstate commerce and the transmission of the mails, and that these powers have been assumed and put into practical exercise by the legislation of Congress. "

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What have been some of the most important treaties entered into onthe part of the United States?

2. For the treaty made at the close of the Spanish-American War, seeRev. Of R's, 18: 258, 371, 515, 631; 19: 11, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated? Harrison, This Country ofOurs, 140, 141. 

4. May a President have many of the privileges of private life?Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? Harrison, ThisCountry of Ours, 162-177. 

6. The overworked President. McClure's Mag. , 28: 483-492; Rev. Of R's, 25: 464-466. 

7. Secure a copy of the last report of the Civil Service Commission, andalso Manual of Examinations for the Classified Service of the UnitedStates, and look up the following:--

_a_. How many persons are included in the civil service of the UnitedStates?

_b_. What proportion of them is included in the classified service?

_c_. Does the law of 1883 seem to have brought about satisfactoryresults?

_d_. What offices have been included in the extension of the CivilService Law?

_e_. What is the nature of the questions asked in the examinations? i

8. The Fifteenth Annual Report of the commission (pp. 443-485) containsan account of the appointments and removals by the various Presidentsfrom 1789 to 1883. Also an account of the growth of civil service reformin the States and cities of the United States, pp. 489-502. 

9. May a man be fitted for political preferment and not be competent topass an adequate examination?

10. For other articles on civil service reform, see _(a)_ The CivilService and the Merit System, Forum, 27: 705-712. _(b)_ SomePopular Objections to Civil Service Reform, Atl. Mo. , 65: 433-444;671-678. _(c)_ Roosevelt, An Object Lesson in Civil Service Reform, Atl. Mo. , 67: 252-257. _(d) _George William Curtis and Civil ServiceReform, Atl. Mo. , 75: 15-24. _(e)_ Rice, Improvement of the CivilService, N. Am. Rev. , 161: 601-611. _(f)_ Roosevelt, Present Statusof Civil Service Reform, Atl. Mo. , 75: 239-246. _(g)_ Roosevelt, SixYears of Civil Service Reform, Scribner's Mag. , 18: 238-247. _(h)_The Purpose of Civil Service Reform, Forum, 30: 608-619. 

11. What was the Tenure of Office Act of 1867? Why did it become ofgreat importance? Is it still in force? Wilson, Division and Reunion, 267, 270-271, 297; Harrison, This Country of Ours, 101-103. 

12. What were the chief points discussed in the President's last annualmessage?

CHAPTER XV. 

THE CABINET. 

Formation of Departments. --The Constitution nowhere mentions thePresident's Cabinet. It was taken for granted, however, that departmentssimilar to those found in the Cabinet would be formed. The Constitutiondeclares that the President "may require the opinions in writing of theheads of the executive departments, " and again, that "Congress may vestthe appointment of certain inferior officers in the heads of thesedepartments. "

In 1789 the first Congress created the Departments of State, War, andTreasury, also the office of Attorney-General. President Washington'sCabinet consisted of the officials whom he appointed to fill these fourpositions. The Navy Department was added in 1798. While a Post-OfficeDepartment was established in 1794, the Postmaster-General was not madea member of the Cabinet until 1829. In 1849, the Interior Department wascreated by grouping under it certain duties which had belonged to otherdepartments. The Department of Agriculture was made a Cabinet positionin 1889. In 1903 the Department of Commerce and Labor was authorized byan Act of Congress, and in 1913 the Department of Labor was created. Members of the Cabinet receive an annual salary of $12, 000. 

The President and His Cabinet. --One of the first official acts ofa President is to send to the Senate, for its approval, the names of themen whom he desires shall constitute his Cabinet. This is now a mereformality. The President is himself the one most interested in thesuccess of his administration and is of right given complete freedom inselecting his immediate advisers. While the views of the members of theCabinet usually have weight with the President, he is not obliged totake their advice. Indeed, in some instances the President has carriedout a line of action which was against the wishes of the secretary ofthe department affected. 

THE DEPARTMENT OF STATE. 

The Secretary of State. --The Secretary of State is commonly calledthe head of the Cabinet. He is first in rank at the Cabinet table, andoccupies the seat of dignity at the right of the President. Under thedirection of the President he conducts all negotiations relating to theforeign affairs of the nation; carries on the correspondence with ourrepresentatives in other countries; receives the representatives offoreign powers accredited to the United States, and presents them to thePresident. Through him the President communicates with the executives ofthe different States. He has charge of the treaties made with foreignpowers, and negotiates new ones. He has also in his keeping the laws ofthe United States and the great seal which he affixes to all executiveproclamations, commissions, and other official papers. During the year1909 the department was reorganized in such a manner as to create adivision of Latin-American affairs and divisions for Far Eastern, NearEastern, and Western European affairs. 

The Diplomatic Bureau. --The United States, in common with othernations, sends representatives to the foreign capitals. They are theagents through whom the Secretary of State communicates and negotiateswith other powers. Such affairs are conducted through the DiplomaticBureau. The United States has now about thirty-five ambassadors andministers. Our representatives at the courts of England, France, Germany, Russia, Italy, Austria, Mexico, Brazil, Japan, and Turkey areknown as ambassadors. The ambassadors to these countries receive asalary of $17, 500 each. 

 The social demands made upon our ambassadors are great, and they are also obliged to provide for their places of residence. The salaries paid are not sufficient to meet these necessary expenses, and are small in comparison with those paid by the European nations to officers of the same rank. Thus, the English ambassador at Washington receives a salary of $32, 500. Besides the English, the German, the Japanese, and some other nations have provided houses for their legations. 

The Consular Bureau. --A consul is sent by the United States to eachof the chief cities in the consular districts into which foreigncountries are divided by our State Department. These consuls, of whomthere are three grades, consuls-generals, consuls, and consular agents, look after the commercial interests of the United States in thosedistricts. They make monthly reports on improvements in agriculturaland manufacturing processes. These reports also give informationregarding good markets for our products and of the best markets in whichto purchase foreign products. [50]

[Footnote 50: Among scores of similar subjects, our consuls reported, within recent years, on the following: American goods in Syria; Americancommerce with Asia Minor and Eastern Europe; German opinion of Americanlocomotives; American coal in Germany; European and Americancompetition. ]

Consuls care for destitute American sailors and protect the interests ofour citizens in foreign countries. In some of the non-Christian nations, such as China and Turkey, they also have jurisdiction over all criminalcases in which any American citizen may be a party. The importance ofsuch services to our country is self-evident. The appointment of theseofficials was formerly secured under party pressure. According to therule adopted in 1906, all vacancies in the consular service arehereafter to be filled by promotion for ability and efficiency in theservice or by appointment of those who have passed the civil serviceexamination. 

THE DEPARTMENT OF THE TREASURY. 

The Secretary of the Treasury. --The Department of the Treasury isthe most extensive and complex of the executive departments. In general, the Secretary of the Treasury has charge of the finances of the nation. He is required to prepare plans for the creation and improvement of therevenues and the public credit and to superintend the collection of therevenue. He gives orders for all moneys drawn from the Treasury inaccordance with appropriations made by Congress, and submits an annualreport to Congress which contains an estimate of the probable receiptsand expenditures of the government. 

 The Auditors. --It is very important that the accounts of the government should be carefully scrutinized, and one of the six auditors connected with the Treasury Department must pass upon the accounts of every public officer who pays out money. Thus, the Auditor for the Treasury Department examines all accounts of salaries and incidental expenses of the office of the Secretary of the Treasury and all other offices under his immediate direction, such as the Treasurer and Directors of the Mints. 

 The Treasurer. --All the money of the United States is under the care of the Treasurer. He receives and pays it out upon the warrant of the Secretary of the Treasury or a designated assistant, redeems the notes of the National banks, and manages the Independent Treasury System. This system renders the Treasury Department practically independent of the banks of the country. It includes the Treasury at Washington and sub-treasuries, each in charge of an assistant treasurer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, and San Francisco. While the greater part of the money belonging to the government is found in these places, about two hundred National banks have also been designated as public depositories. 

 The Chief of the Bureau of Engraving and Printing. --The Bureau[51] of Engraving and Printing is one of the largest in the department and employs about 1600 people. It has been said that the products of this bureau, in the course of a single year, represent a sum equal in value to all the money in circulation in the United States; for here the engraving of the plates and the printing of all the United States circulating notes, bonds, revenue stamps, and postage stamps are done. 

[Footnote 51: The work of each department is usually distributed amongthe bureaus. Bureaus are again divided into divisions. At the head ofeach bureau is a commissioner, and of each division a chief. ]

Other Officers of the Treasury Department. --Among the otherleading officials of the Treasury Department are: Comptroller of theCurrency, Commissioner of Internal Revenue, General Superintendent ofthe Life-saving Service, Solicitor of the Treasury, SupervisingSurgeon-General, and Supervising Architect. 

 The Life-Saving Service. --This is one of the most important offices in the Treasury Department. More than 2000 men are employed in the 273 stations, located generally at danger points on the oceans and the Great Lakes. Out of the 6000 lives imperiled in the year 1910 in the disasters on water, only 53 were lost. Of the 1463 vessels of all kinds in distress, 1407 were rendered assistance by life-savers. It has been estimated that over 230, 000 lives have been saved through this service since it was founded in 1848. 

 The Solicitor of the Treasury. --The Solicitor of the Treasury is the law officer of the department, and has charge of all prosecutions by the government arising out of the counterfeiting of the government securities, or of the infringement of customs revenue, and of all suits for the collection of moneys due the United States, except those due under the internal revenue laws. 

 The Supervising Surgeon-General. --The Supervising Surgeon-General superintends the twenty-two marine hospitals where our sick sailors are cared for; conducts the quarantine service of the United States, and directs the laboratories for the investigation of the causes of contagious diseases. 

THE WAR DEPARTMENT. 

The Secretary of War. --The Secretary of War, under the direction ofthe President, has charge of the military affairs of the government. Hesupervises all estimates of appropriations for the expenses of thedepartment. [52] He has under his supervision also the military academyat West Point, all National cemeteries, and river and harborimprovement. The chiefs of the eleven bureaus are regular army officers. 

[Footnote 52: The annual appropriation by Congress for the army alone in1912 amounted to $90, 483, 403. ]

 The Adjutant-General. --The Adjutant-General issues orders for the muster of troops and for their movement, conducts the correspondence of the department, and keeps the records. 

 The Inspector-General. --The Inspector-General examines and reports on all places where United States troops are stationed; on public works carried on by army officers; and on the military academy and prisons. 

 The Quartermaster-General. --Under direction of the Quartermaster-General the army is transported, clothed, and equipped. 

 The Chief of Ordnance. --Arms are supplied by the Chief of Ordnance. The arms used are manufactured chiefly in the United States arsenals. The arsenals at Springfield, Mass. , and Rock Island, Ill. , manufacture rifles and carbines; and that at West Troy, N. Y. , cannon and mortars. 

 The United States Military Academy. --The United States Military Academy at West Point was founded in 1802. The corps of cadets is made up of one cadet from each of the Congressional districts, one from each of the Territories and the District of Columbia, and one hundred from the United States at large. Prior to the year 1900 there were only ten cadets at large. The act of that year also provided that thirty cadets were to be named by the President directly and the remainder apportioned among the States. They all receive their appointments from the President, but it has become the custom for the representatives and delegates to select (usually after a competitive examination) those from the Congressional districts and the Territories. The cadet must be between seventeen and twenty-two years of age. Each receives $540 a year during the four years of his course. Upon graduation, the cadets are commissioned as second lieutenants in the united States army. In case there are more graduates than vacancies, those in excess are honorably discharged with the payment of one year's salary. 

THE NAVY DEPARTMENT. 

The Secretary of the Navy--The duties of the Secretary of the Navypertain to the construction, manning, arming, quipping, and employmentof war-vessels. [53]

[Footnote 53: The appropriation for this department in 1913 was$140, 000, 000. ]

The United States Naval Academy. --The naval academy at Annapoliswas established in 1846. One cadet is allowed in the naval academy foreach member or delegate of the House of Representatives, one for theDistrict of Columbia, and ten at large. Candidates for admission, at thetime of their examination, must be between the ages of fifteen andtwenty years. The nomination of a candidate to fill a vacancy is madeupon recommendation of a representative or delegate if made before July1; but if no recommendation be made by that time, the Secretary of theNavy fills the vacancy by appointing an actual resident of the districtin which the vacancy exists. The President selects the candidates atlarge and the cadet for the District of Columbia. At the conclusion ofthe six years' course, two of which are spent at sea, the graduates areassigned in order of merit to the vacancies that may have occurred inthe lower grades of the line of the navy and of the marine corps. Cadetswho are not assigned to service after graduation are honorablydischarged and are given $500, the amount they have received each yearof their course at the academy. 

THE DEPARTMENT OF JUSTICE. 

The Attorney-General. --The Attorney-General is the legal adviser ofthe President and of the heads of the departments. He supervises thework of all the United States district attorneys and marshals, and isassisted by the Solicitor-General. Unless otherwise directed, all casesbefore the Supreme Court and the Court of Claims in which the UnitedStates is a party are argued by the Attorney-General and theSolicitor-General. 

THE POST-OFFICE DEPARTMENT. 

The Postmaster-General. --The Postmaster-General is at the head ofthis department. He appoints all of the officers of the department withthe exception of the four assistant postmasters-general and postmastersof the first class, whose appointments are made by the President withthe consent of the Senate. The Postmaster-General may, with the consentof the President, let contracts and make postal treaties with foreigngovernments. 

 The Postal Union. --Since 1891 the United States has been a member of the Universal Postal Union. By this union over fifty distinct powers became parties to an agreement by which uniform rates of postage were agreed upon and every facility for carrying mails in each country was extended to all the others. 

THE DEPARTMENT OF THE INTERIOR. 

The Secretary of the Interior. --The Interior Department, under thesupervision of the Secretary of the Interior, is one of the mostcomplex and important of the departments. There are two assistantsecretaries in the department, while at the head of the other officesare six commissioners and two directors. 

 The Commissioner of the General Land Office. --The Commissioner of the General Land Office has charge of all the public lands of the government, and supervises the surveys, sales, and issuing of titles to this property. 

 The Commissioner of Education. --The Commissioner of Education is the chief of the Bureau of Education. This bureau has charge of the collection of facts and statistics relating to the educational systems and to progress along educational lines in the several States and Territories, and also in foreign countries. The reports issued by the bureau are of great value to those interested in education. The commissioner has advisory power only, except in Alaska. Here he directs the management of the schools. 

 The Commissioner of Pensions. --The Commissioner of Pensions supervises the examination and adjustment of all claims arising under the laws of Congress granting bounty land or pensions on account of services in the army or navy during the time of war. That our government has not been ungrateful may be gathered from the report of the commissioner for 1913. There were in that year 921, 000 pensioners, to whom were paid approximately $180, 000, 000, or an amount equal to about one-fifth of the total revenues of the country. 

 The Commissioner of Indian Affairs. --Prior to 1871 the Indian tribes were treated as independent nations by the United States, but by a law of that year the general government was made the guardian of their interests. The Commissioner of Indian Affairs exercises a protecting care over these "wards" by directing the work of the Indian agents and of the superintendents of Indian schools. 

 There are some 300, 000 Indians on the 150 reservations which are in the various States and Territories. [54] The lands of these reservations are held in common; that is, the ownership is tribal rather than individual. It is the policy of the government, however, to bring about the allotment of lands "in severally, " and thus to encourage the Indians to adopt an agricultural life. The Indians are only partially self-supporting. Some tribes derive an income from funds which are the proceeds derived from the sales and cessions of their lands. The National government holds this money in trust for them, and, by direct appropriation, supplies the money, food, and clothing necessary to complete their support. The appropriation for the Indians in 1912 was $9, 854, 000. Over one-fourth of this sum was spent for their education in Indian schools, numbering about 300, which are under the direct control of the department. 

 [Footnote 54: Report of the Secretary of the Interior, 1910. Within twelve years 89, 000 Indians were granted full rights as citizens. ]

 The Director of the Geological Survey. --The Director of the Geological Survey collects much valuable information through the examination of the geological structure, mineral resources, and mineral products of the United States. He has charge, also, of the survey of the forest reserves. 

THE DEPARTMENT OF AGRICULTURE. 

The Secretary of Agriculture. --The duties of the Secretary ofAgriculture are, "To acquire and diffuse among the people of the UnitedStates useful information on subjects connected with agriculture in themost comprehensive sense of that word. " The activities of the departmentare along many lines, as indicated by the names of the bureaus anddivisions. 

 Bureau of Animal Industry. --Continuous advancement is being made by the government toward placing the agricultural pursuits upon a more scientific basis. One of its most important services is performed in the Bureau of Animal Industry, which inspects the greater part of the meat products exported to European countries. The law providing for this inspection was necessary because of the claim in European markets that diseased meats were shipped from the United States. An inspection is also provided for live animals intended for exportation and for animals imported. Much scientific work is also devoted to a study of the various diseases of animals. 

 The Division of Seeds. --Over $100, 000 are expended each year by the Division of Seeds in the purchase of "rare and valuable" seeds, bulbs, and plants. These are distributed free throughout the country for the purpose of fostering the introduction of new and more valuable crops. 

 Public Road Inquiries. --Another important interest is carried on by the Office of Public Road Inquiries. Here experiments are made with regard to the best system of road-making and the best materials to be used for that purpose. 

 Weather Bureau. --Through the Weather Bureau daily forecasts and warning of storms are sent to over 50, 000 different points, and storm signals are displayed at 300 places on our coasts. By its operation, millions of dollars are saved each year to the agricultural and maritime interests of the country. A recent decree of the Post-office Department renders the reports of the bureau of still greater service. Slips of paper having the storm, frost, or other warnings printed on them are distributed by the rural mail carriers at the various houses in the districts affected. 

THE DEPARTMENT OF COMMERCE. 

Nature of the Department. --Because of the nature of the subjectsassigned to this new department, it has rapidly become one of the mostimportant of the departments. Among the duties of the Secretary ofCommerce are these: to promote the commerce and the mining, manufacturing, shipping, fishery, and transportation interests of theUnited States. The President is given the power to transfer to thedepartment those bureaus in other departments which are engaged inscientific or statistical work, the Interstate Commerce Commission andthe scientific divisions of the Agricultural Department being excepted. The offices which have been transferred are as follows: the Bureau ofStatistics; Census Bureau; Bureau of Standards of Weights and Measures;Bureau of Navigation; the Steamboat Inspection Service; Bureau ofFisheries; Coast and Geodetic Survey and Light-house Board. The Bureauof Corporations was created for the department. The Commissioner ofCorporations is expected to investigate the organization, conduct, andmanagement of the business of corporations and other combinationsengaged in interstate or foreign commerce, except such carriers as maybe subject to the interstate commerce act. 

 The Chief of the Bureau of Statistics. --The Chief of the Bureau of Statistics collects and publishes the annual statistics on commerce. These reports are of such a character that they are invaluable to the President in the preparation of his messages; and they are used extensively by the heads of departments, members of Congress, and the public. Tariff laws, special legislation for particular industries, and all international trade treaties are also based on these compilations. The greatest demand is for the Annual Statistical Abstract, which presents in a condensed form the history of the commerce of the United States for a number of preceding years. 

 The Superintendent of the Coast and Geodetic Survey. --This officer superintends the survey of the coasts and rivers of the United States. He has charge of the publication of charts and sailing directions which are of inestimable value to mariners. 

 The Light-House Board. --The Light-house Board has charge of the light-houses, of which 1199 had been established previous to the year 1899, besides the light vessels and beacons used for the protection of navigation. 

THE DEPARTMENT OF LABOR. 

On March 4, 1913, the bill was signed by the President which created theDepartment of Labor. It is evidence of the spirit manifested by theAmericans to make their government serve the cause of humanconservation. Besides the Bureau of Information, which was created forthe department, there were transferred from other departments the Bureauof Immigration[55] and the Children's Bureau. The Division ofNaturalization was made a bureau, and the Bureau of Labor wasconstituted the Bureau of Labor Statistics. 

[Footnote 55: In 1912 there were 838, 172 immigrants to the UnitedStates, and 2853 were refused admission. Of these there were 767paupers, 31 contract laborers, 749 diseased persons. ]

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Does the President select the members of his Cabinet from amongformer members of Congress? Would this be desirable?

2. Have the members of the Cabinet ever been allowed to appear beforeCongress in the interests of their own departments? Would this bedesirable? Walker, The Making of the Nation, 92; Bryce, AmericanCommonwealth, I, Chapter 9; Atl. Mo. , 65:771-772. 

3. Who are now the heads of the executive departments? Were theyprominent in National affairs before they were selected for thesepositions?

4. In 1901 a bill was introduced in the House of Representatives whichprovided for an increase of the annual salary of the Vice-President to$25, 000, and that of each member of the Cabinet to $15, 000. What reasonscan you give for or against such a change?

5. What was the history of the State Department prior to 1789? Harrison, This Country of Ours, 182-187. 

6. Give a list of the Presidents who have been Secretaries of State. Howdo you account for this policy in the first years of our government, andnot at a later time? Name some of the other prominent Secretaries ofState. 

7. Who are our ambassadors? Can you give the name of any foreignambassadors in Washington? See Congressional Directory. 

8. The methods by which our ministers are selected, take possession oftheir offices, and are presented at foreign courts, are described inCurtis, The United States and Foreign Powers, 15-21. 

9. The duties of ministers. Curtis, The United States and ForeignPowers, 22-26. 

10. Are our ambassadors given adequate salaries? Curtis, The UnitedStates and Foreign Powers, 13, 14. 

11. From a consular report learn what the duties of a consul are?Curtis, The United States and Foreign Powers, 30-33. 

12. For an account of our consular service, a comparison with that ofother nations, and a consideration of some of the weaknesses in oursystem, see Curtis, The United States and Foreign Powers, 28-30. 

13. A business man and the consular service. Century Mag. , 60: 268-271. 

14. Abuses in our consular system arising through appointment. Atl Mo. , 85:455-466, and 669-683. 

15. A plea for consular inspection. Forum, 30:28-34. 

16. What is the great seal of the United States, and what is its use?Harrison, This Country of Ours, 199-200. 

17. What is the particular work of the Marine Department? of theSteamboat Inspection Service? of the Marine Hospital? Lyman J. Gage, Organization of the Treasury Department, Cosmopolitan, 25:355-365. 

18. What is the work of the Bureau of Engraving and Printing? Spofford, The Government as a Great Publisher, Forum, 19:338-349. 

19. What is the extent of our merchant marine? Should it be increased?Statistical Abstract of the United States, 1900, 437-450. 

20. From the appendix to the last Finance Report get the chief pointsconnected with the work of the following officials: Treasurer, Chief ofthe Secret Service Division. A good description of the TreasuryDepartment is given in Scribner's Mag. , 33:400-411. 

21. From the last report of the Bureau of Statistics find answers forthe following: The expenditures of the government in the differentdepartments; value of merchandise imported and exported; amounts ofcorn, wheat, cotton, wool, and iron produced, imported, and exported;the chief nationalities of immigrants, and comparison of the totalnumber with previous years. 

22. Are our coasts well defended? Harrison, This Country of Ours, 225. 

23. Describe the work of the President, Secretary of War, Secretary ofthe Navy, and of the other Cabinet officers at the outbreak of war. Cosmop. , 25:255-264. 

24. For illustrated articles on education at West Point and Annapolis, see Outlook, 59:825-837, 839-849. 

25. Comparison of our pension system with that of other nations. Forum, 33:346-348. 

26. Defects in our pension system. Forum, 31:670-680. 

27. Changing character of the immigration to the United States. Rev. OfR's, 24:723, 724. 

28. Why the Chinese should be excluded. Forum, 33:53-59. 

29. Why the Chinese should be admitted. Forum, 33:50-68. 

30. Influence of the allotment of land on the Indian. Forum, 34:466-480. 

31. Results of the work of experiment stations. Scribner's Mag. , 31:643-660. 

32. For accounts of the new Congressional Library, see Century Mag. , 53:682-694; 694-711; Atl. Mo. , 85:145-158; Cosmop. , 23:10-20. 

33. What is the special value of the work of the Bureau of AmericanRepublics? Forum, 30:21-27. 

For other questions and references on the topics in this chapter, consult Government in State and Nation, 259, 260. 

CHAPTER XVI. 

THE NATIONAL JUDICIARY. 

ARTICLE III. 

Establishment of an Independent Tribunal. --Alexander Hamiltoncharacterized the lack of a judiciary as the crowning defect ofgovernment under the Confederation. If we consider the nature of ourpresent government, it is easily seen that some form of independenttribunal is necessary. We have a central government exercising completecontrol over National affairs and foreign relations and, at the sametime, the State governments with equally complete control over questionsarising within their limits. If differences arise, then, as to theauthority of National or State government over a given question, how arethese disputes to be settled peaceably? After a brief discussion, theproblem was answered in the Constitutional Convention by the formationof a Federal judiciary. 

Organization of the Judiciary. --The organization of the judiciaryis provided for as follows: Section 1. _The judicial power of the UnitedStates shall be vested in one Supreme Court, and in such inferior courtsas the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their officesduring good behavior, and shall, at stated times, receive for theirservices a compensation which shall not be diminished during theircontinuance in office. _

In 1789 Congress provided that the Supreme Court should consist of achief justice and five associates. Circuit and district courts were alsoestablished. The Supreme Court at present consists of the chief justiceand eight associate justices. It holds one session annually, atWashington, beginning on the second Monday in October and continuinguntil about May 1. 

 District Courts. --The territory of the United States has been divided into judicial districts, none of them crossing State lines and each having a district court. New York and Texas have each four districts; Alabama, Pennsylvania, and Tennessee three each; Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two each; and the remaining States have each a single district. Alaska and Hawaii constitute a district. Generally there is a judge for each district, but a single judge is at times assigned to two districts. 

United States District Attorneys and Marshals. --A district attorneyand marshal are appointed by the President for each district court. TheUnited States district attorney is required to prosecute all personsaccused of the violation of Federal law and to appear as defendant incases brought against the government of the United States in hisdistrict. The United States marshal executes the warrants or otherorders of the United States district court, and, in general, performsduties connected with the enforcement of the Federal laws whichresemble the duties of sheriffs under State laws. 

Circuit Courts and Courts of Appeals. --Established by the act of1789, each circuit court was at first presided over by a justice of theSupreme Court and a district judge. The policy was to have as manycircuit courts as there were justices of the Supreme Court. It was notuntil 1869 that a circuit judge was provided for each of the ninecircuits. By an Act of Congress during the year 1911, in response to theagitation for a simplified Federal judicial system and greaterexpedition in the hearing of cases, the circuit courts were abandoned. Judges of these courts were transferred to the circuit courts ofappeals. The circuit courts of appeals consist of three judges each, anytwo constituting a quorum. Supreme Court judges and district judges maysit in these courts. The Court of Claims was established in 1855 andconsists of a chief justice and four associates. It holds an annualsession in Washington. 

Terms and Salaries of the Judges. --That the judiciary should beindependent of parties and of other influences cannot be questioned. Hence the wisdom of the provision that United States judges shall holdtheir offices during good behavior and shall receive a compensation fortheir services which shall not be diminished during their continuance inoffice. Judges of the United States courts are appointed by thePresident with the consent of the Senate. 

By an Act of Congress of 1911 the salary of the Chief Justice was fixedat $15, 000 per annum; that of associate justices, $14, 500; and districtjudges, $6000. 

Jurisdiction of the National Courts. --We are next to consider thejurisdiction of the several courts that have been described. 

Section 2, Clause 1. _The judicial power shall extend to all cases, inlaw and equity, arising under this Constitution, the laws of the UnitedStates, and treaties made, or which shall be made, under theirauthority;--to all cases affecting ambassadors, other public ministersand consuls;--to all cases of admiralty and maritime jurisdiction;--tocontroversies to which the United States shall be a party;--tocontroversies between two or more States;--between a State and citizensof another State;--between citizens of different States;--betweencitizens of the same State claiming lands under grants of differentStates, and between a State, or the citizens thereof, and foreignstates, citizens or subjects_. A careful consideration of this clauseshows the wide extent of the powers of the United States courts. Itshows also the desirability of having all such cases under theirjurisdiction rather than under the authority of the State courts. Associate Justice Brewer wrote, with reference to the influence of thedecisions of the Supreme Court on the history of the country:[56] "Itsdecisions have always been in harmony with and sustaining theproposition that this republic is a nation acting directly upon all itscitizens, with the attributes and authority of a nation, and not a mereleague or confederacy of States. The importance of this cannot beoverestimated, and will be appreciated by all who compare the weaknessof the old confederacy with the strength and vigor of the republic underthe present Constitution. "

[Footnote 56: "The Supreme Court of the United States, " _Scribner'sMag_. , 33:275, 276. ]

 Suit against a State by a Citizen of Another State. --In the notable case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North Carolina, began action against the State of Georgia in the Supreme Court of the United States. That court interpreted the clause as applying to cases in which a State is defendant, as well as to those in which it is plaintiff. The decision was received with disfavor by the States, and Congress proposed the Eleventh Amendment to the Constitution, which was ratified in 1798 and is as follows:--

 _The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state_. 

Original and Appellate Jurisdiction. --Clause 2. _In all casesaffecting ambassadors, other public ministers and consuls, and those inwhich a State shall be a party, the Supreme Court shall have originaljurisdiction. In all the other cases before mentioned, the Supreme Courtshall have appellate jurisdiction, both as to law and fact, with suchexceptions, and under such regulations as the Congress shall make_. 

The Supreme Court has original jurisdiction in "all cases affectingambassadors, other public ministers and consuls, and those in which aState shall be a party. " Original jurisdiction means that these casesmay be begun in the Supreme Court. Other cases are brought to theSupreme Court from the inferior United States courts or from thesupreme courts of the States and Territories by appeal. In such casesthe Supreme Court is said to have appellate jurisdiction. 

Jurisdiction of the Inferior Courts. --It is difficult in briefspace to define minutely the province of each court The followingaccounts, therefore, give only a general description:--

 The circuit courts of appeals are given final jurisdiction in certain cases appealed to them from the district courts, such as those arising under the patent, revenue, and criminal laws, as well as admiralty and other cases in which the opposing parties to a suit are an alien and a citizen, or are citizens of different States. There is reserved to the Supreme Court the decision of cases involving constitutionality. 

 The circuit courts of appeals have the final decision in nearly all other cases involving merely the application of ordinary law. 

 The jurisdiction of the district courts embraces criminal cases, admiralty cases, bankruptcy proceedings, suits for penalties, and the like. In general, the jurisdiction of cases formerly in the circuit courts was transferred to the district courts when the circuit courts were discontinued. 

 The Court of Claims "shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the government of the United States, which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of Congress. "[57]

[Footnote 57: Statutes at Large, 612. ]

Trial by Jury. --The right of trial by jury in all criminal caseshad been insisted upon by Englishmen for centuries prior to theformation of our Constitution. There were two branches to the system, the grand and the petit juries. Each performed the same duties as theydo now. The Constitution provides in Section 2, Clause 1, that

_The trial of all crimes, except in cases of impeachment, shall be byjury, and such trial shall be held in the State where the said crimeshall have been committed; but when not committed within any State, thetrial shall be at such place or places as the Congress may by law havedirected_. 

This clause was attacked by the opponents of the Constitution in theState conventions. It was believed that the Constitution did not furnishadequate safeguards against unjust prosecutions. Because of thisagitation, Congress, in its first session, proposed Amendments V, VI, VII, and VIII, which were duly ratified by the several States. 

Amendment V. _No person shall be held to answer for a capital, orotherwise infamous crime, unless on a presentment or indictment of agrand jury, etc. _[58]

[Footnote 58: See Appendix A. ]

Authorities have had difficulty in giving an exact definition of aninfamous crime. That given by Judge Cooley is the most satisfactory. Hesays: "But the punishment of the penitentiary must always be deemedinfamous, and so must any punishment that involves the loss of civil orpolitical privileges. "

The Grand Jury. --A grand jury consists of from twelve totwenty-three men. They sit in secret, and no accusation can be made bythem without the concurrence of at least twelve. An indictment is awritten accusation of an offense drawn up by a prosecuting officer onbehalf of the government and laid before the grand jury. "A presentmentis an accusation by a grand jury of an offense upon their ownobservation and knowledge, or upon evidence before them, and without anybill of indictment laid before them at the suit of government. "[59] Inthe case of a presentment, the party accused cannot be held to trialuntil he has been indicted. After hearing the evidence, if the grandjury concludes that the accusation is not true, they write on the backof the bill, "Not a true bill" or "Not found. " The accused, if held incustody, is then given his freedom, but he may be again indicted byanother grand jury. If the grand jury decides that the accusation istrue, they then write on the back of the bill, "A true bill" or "Found. "The indicted person must be held to answer the charges made against him. 

[Footnote 59: Story, "Commentaries on the Constitution, " § 1784. ]

Rights of the Accused. --Amendment VI. _In all criminalprosecutions, the accused shall enjoy the right to a speedy and publictrial, by an impartial jury of the State and district wherein the crimeshall have been committed, etc. _(See Appendix A). 

Amendment VII. _In suits at common law, where the value in controversyshall exceed twenty dollars, the right of trial by jury shall bepreserved, and no fact tried by a jury shall be otherwise reexamined inany court of the United States, than according to the rules of thecommon law. _

The accused must be given a public and speedy trial before an impartialjury, known as the petit jury, consisting of twelve men from thedistrict wherein the crime was committed. The decision must be unanimousbefore a verdict can be rendered. The accused is given a copy of theindictment in which the nature of the accusation is clearly set forthand is granted time in which to prepare for his defense. Equally justand significant are the provisions that he shall be confronted by thewitnesses against him, may compel the attendance of witnesses in hisfavor, and may employ counsel for his defense. In case he is not able topay for his own counsel, the judge appoints one whose services are paidfor out of the public treasury. If the verdict has been rendered by ajury and the judgment pronounced, the accused cannot be again brought totrial on the same charge. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are the names of the members of the Supreme Court at present?Congressional Directory. 

2. How large is the district in which your home is located? Who are thejudges? Congressional Directory. 

3. Under what conditions may a case be appealed from the supreme courtof the State to the United States Supreme Court? Bryce, AmericanCommonwealth, I, 228-230 (232-234). 

4. How is the fact that conflicts between the authority of the Federaland the State courts do not arise, accounted for? Bryce, I, 234-235(238). 

5. Are the United States Courts influenced in their decisions bypolitics? Bryce, I, 259-261 (265-267). 

6. Define treason and the punishment therefore. Constitution, Art. III, Sec. 3, Clauses 1 and 2. See Government in State and Nation, 268, 269. 

7. Describe the influence of John Marshall as Chief Justice. 

(_a_. ) John Marshall, American Statesmen Series, Chapters X and XI. 

(_b_. ) Bryce, I, 261 (267). 

(_c_. ) Lodge, "John Marshall, Statesman, " N. Am. Rev. , 172:191-204. 

(_d_. ) John Marshall, Atl. Mo. , 87:328-341. 

8. Show how the development of our Constitution by interpretation hasbeen brought about. Bryce, I, 366-375 (376-385). 

9. What has been the influence of the Supreme Court in the history ofour nation? Scribner's Mag. , 33:273-284. 

CHAPTER XVII. 

TERRITORIES AND PUBLIC LANDS. 

The History of Territories. --The first Territories of the UnitedStates were formed in the region lying north of the Ohio River and eastof the Mississippi River. Here several of the original States (viz. , Massachusetts, Connecticut, New York, and Virginia) had had claims, which they ceded to the general government during the period of theConfederation. This region was given the name Northwest Territory. Itwas governed under the Ordinance of 1787 enacted by Congress for thispurpose. As settlers came into this region, Congress passed special actsfor the government of the different Territories that were erected wherenow we find the States of Ohio, Indiana, Illinois, Michigan, andWisconsin. 

In like manner, the region lying south of Kentucky was ceded to theUnited States by the Carolinas and Georgia, and was then formed intoTerritories and governed by Congress. Next, the Louisiana Purchase, Florida, the Mexican Cession, and the Oregon Territory came under thecontrol of Congress; a succession of Territories was thus created, allof which have now been admitted into the Union as States. In thegovernment of these Territories, Congress has acted in accordance withan important power granted to it by the Constitution. 

Article IV, Section 3, Clause 3. _The Congress shall have power todispose of and make all needful rules and regulations respecting theterritory or other property belonging to the United States. _

The Government of Territories. --Our Territories at present areAlaska, Porto Rico, and Hawaii. 

The governing authorities in each are: (1) a governor, appointed by thePresident, with the consent of the Senate; (2) administrativeofficers--secretary, treasurer, auditor, attorney-general, adjutant-general, and superintendent of education, all appointed in thesame way; (3) a legislature consisting of two houses, the members of thelower house, at least, being elected by popular vote; (4) a system ofcourts in which the judges are appointed by the President and Senate. 

Relations between Territories and Congress. --A Territory isorganized by an Act of Congress which provides for these officers andprescribes their powers. The Territorial legislature controls theinternal affairs of the Territory; but its acts may be changed or vetoedby Congress. The people of a Territory have no voice in Nationalaffairs, but they elect a delegate to Congress, who may debate but notvote. 

 Porto Rico. --The government of Porto Rico is different at some points from that of the other organized Territories. The upper house of its legislature is the Executive Council and consists of the administrative officers of the Territory (secretary, treasurer, auditor, commissioner of the interior, attorney-general, and commissioner of education) and five other persons appointed by the President. Five of the eleven members of this council must be natives of Porto Rico. The House of Delegates has thirty-five members, elected triennially by the voters. There is elected by the people a "resident commissioner" to the United States, who, unlike the delegates from other Territories, has no seat in Congress, but rather has official relations with the President. 

 The Territory of Hawaii. --Hawaii was annexed to the United States in 1898, and its government was established by Congress in 1900. The administrative officers in this Territory are appointed by the governor, instead of by the President. Voters in Hawaii must be able to read and write either the English or Hawaiian language. 

 Alaska. --By a law of 1912, Alaska was given for the first time a Territorial legislature, consisting of two houses, elected by the people. 

 Our Government in the Philippine Islands. --The Philippines constitute the largest part of "our insular possessions, " and are not classed as Territories. The word "colonies" better expresses their relations to the United States. They are governed by a commission of nine members: the governor, four heads of departments (Americans), and four Filipinos. All are appointed by the President with the consent of the Senate. This commission constitutes the upper house of the legislative body; the lower house or assembly is elected from certain districts of the islands where the people are considered civilized and are at peace. Voters must be property-owners and be able to read and write English or Spanish. 

 The entire group of islands is divided into provinces. In some of these the people have local self-government; in others there is military government under the United States army. In many cities the government is similar to that of American cities. 

 Besides numerous other small islands the United States possesses Tutuila in the Samoan group, Guam, and Wake Island. These are governed directly by the naval authorities of the government. 

 The Panama Canal Zone is governed by the Isthmian Canal Commission, consisting of seven men appointed by the President. The commission is subordinate to the War Department at Washington. 

 Political Relations with Cuba. --Cuba was under the control of our military authority between the time when our troops occupied the island, during the Spanish-American War, and the announcement of its independence in May, 1902. Although Cuba is now an independent republic, it is considered as a "protectorate" of the United States, and is subject to the influence of this nation in its dealings with other nations. 

The Admission of Territories to Statehood. --While Territoriesdepend to a greater or less extent upon the nation for their government, it has always been the policy of the United States to admit them intothe Union as States when conditions became right for this action. Thatthe power to admit States into the Union belongs exclusively to Congressis evident from the language of the Constitution:

Article IV, Section 3, Clause 1. _New States may be admitted by theCongress into this Union; but no new State shall be formed or erectedwithin the jurisdiction of any other State; nor any State be formed bythe junction of two or more States or parts of States, without theconsent of the legislatures of the States concerned as well as of theCongress. _

Territories first apply for admission to the Union, and then either oftwo processes may follow: (1) Congress passes an enabling actauthorizing the Territory to frame a constitution, which is submitted toCongress for approval. (2) Or, the Territory frames its constitutionwithout waiting for the enabling act; with this in its hand theTerritory then applies to Congress for admission. In either case, before giving its approval to the admission of a State, Congress mustsee that the constitution submitted contains nothing that isinconsistent with a republican form of government. 

Our Public Land Policy. --In the Territories which lay between theAllegheny Mountains and the Mississippi River, and in all theacquisitions that have since been made, the unoccupied[60] lands becamethe property of the United States. So the National government became thepossessor of many millions of acres of land, and it still holds immensetracts in the Western States and in its distant possessions. Upon theadmission of a Territory as a State, the ownership of its public landsdoes not pass to the new State, but remains with the Nationalgovernment. The latter has followed a most liberal policy in dealingwith its lands, (1) It has granted great amounts to the States. Theschool lands which are the basis of the common school funds in theWestern States were acquired in this way. (2) Many thousands of squaremiles have been granted to railroad companies as aid in the constructionof their lines. These lands are still being purchased at low rates bysettlers in the West. (3) The "homestead law" provides that citizens mayacquire 160 acres of land, or less, free of cost, on condition of livingupon it for five years and improving it. (4) Millions of acres are stillheld by the government, subject to sale at low prices. 

[Footnote 60: Exceptions to this statement must be made to cover certainlands reserved by some of the original States that ceded their claims tothe United States; as, for instance, the Western Reserve in Ohioretained by Connecticut, and other lands in the same State retained byVirginia. ]

At present the larger part of the public lands of the United States arearid; that is, they cannot be cultivated without irrigation. By a law of1902, the proceeds received from the sale of public lands in certainWestern States and Territories will be expended by the Nationalgovernment in the construction of irrigation works. This law is destinedto have a great influence upon the future of our Western States. 

[Illustration]

The National System of Survey. --In the thirteen original Statesthere was no uniform system of land survey, but each tract of land wassurveyed as necessity required, generally after settlement had beenmade upon it. The tracts were of very irregular shapes. The boundarylines, usually starting from some natural object, were measured by rodsor chains, running in certain directions as ascertained by the use ofthe compass. This method of survey is still in use in the EasternStates. According to a law of 1785, a uniform system of "rectangularsurvey" was applied to all lands belonging to the United States. Thissurvey has preceded settlers, and has to some extent influenced themethod of settlement and the nature of local government throughout theWest. The lands surveyed have been divided into townships six milessquare. For the boundaries of townships the law requires the use ofnorth-and-south and east-and-west lines. To secure starting points fromwhich to run these lines, it was necessary to designate certainmeridians as Principal Meridians and certain parallels as Base Lines. 

Method of Land Description. --The map indicates the location ofPrincipal Meridians and Base Lines in the States north of the OhioRiver. Starting, then, from any Principal Meridian, the tier oftownships directly east is called Range I; the other ranges are numberedeast and west of that meridian. Counting also from the Base Line, thetownships are numbered 1, 2, 3, etc. , both north and south. It thusbecomes possible to locate precisely any particular township by a simpledescription: e. G. , township 5 north, Range VIII east of the firstPrincipal Meridian. 

Since the eastern and western boundaries of townships are meridians, they approach nearer to each other as they go farther north. Hence thetownships become less than six miles from east to west as the surveyproceeds northward from any base line. This necessitates the running ofstandard parallel lines, or correction lines, at frequent intervals, tobe used as new base lines (Figure 1). 

[Illustration: Figure 1]

To still further facilitate the sale and description of lands, the lawprovides for exact methods of subdividing the township into sections, one mile square, numbered as in Figure 2. 

Each section is subdivided into rectangular tracts known as halves, quarters, half-quarters, and quarter-quarters. The designations of thesedivisions are by abbreviations and fractions. (See Figure 3. ) The numberof acres in each tract is easily computed. 

The rectangular system of survey has been a great aid in the subdivisionand location of farm lands; it greatly reduces the number of boundarydisputes, it determines very largely the location of country roads. Moreover, the Congressional township has become, in a great manyinstances, the area within which the political township or town has beenorganized. This town, however, need not coincide with the Congressionaltownship; it may be greater or smaller in area. 

[Illustration: Figure 2. --Six MILES SQUARE. 

|----------------------------|| 6 | 5 | 4 | 3 | 2 | 1 ||----------------------------|| 7 | 8 | 9 | 10 | 11 | 12 ||----------------------------||18 | 17 | 16 | 15 | 14 | 13 ||----------------------------||19 | 20 | 21 | 22 | 23 | 24 ||----------------------------||30 | 29 | 28 | 27 | 26 | 25 ||----------------------------||31 | 32 | 33 | 34 | 35 | 36 ||----------------------------|

]

[Illustration: Figure 3. --One mile square

|------------------------------|| | N 1/2 NE 1/4 || NW 1/4 |----------------|| | | SE 1/4 || | | NE 1/4 ||------------------------------|| || S 1/2 || ||------------------------------|

]

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. For the history of land cessions, references are given in Governmentin State and Nation, p. 334, question 1. 

2. The topics treated in this chapter are discussed in Harrison, ThisCountry of Ours, pp. 270-279. 

3. On public lands, see Reinsch, Young Citizen's Reader, 90-101. Marriott, Uncle Sam's Business, 175-184; 254-269. 

CHAPTER XVIII. 

AMENDMENTS TO THE CONSTITUTION. 

Methods of Amending the Constitution. --We have already consideredthe effect of amendments on some of the original clauses[61]. It nowremains to consider, briefly, the methods of amending the Constitutionand a few other provisions found in the amendments. Article V providesfor amendments as follows:--

_The Congress, whenever two-thirds of both houses shall deem itnecessary, shall propose amendments to this Constitution, or, on theapplication of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of thisConstitution, when ratified by the legislatures of three-fourths of theseveral States, or by conventions in three-fourths thereof, as the oneor the other mode of ratification may be proposed by the Congress;provided that no amendment which may be made prior to the year onethousand eight hundred and eight shall in any manner affect the firstand fourth clauses in the ninth section of the first article; and thatno State, without its consent, shall be deprived of its equal suffragein the Senate_. 

[Footnote 61: For Amendment XI, see p. 160; for Amendment XII, see p. 119. ]

Thus, amendments may be proposed in either of two ways: by a vote oftwo-thirds of both houses of Congress; or by a National conventioncalled by Congress for that purpose on the application of two-thirds ofthe State legislatures. The convention method has never been used inproposing amendments to this Constitution. 

Amendments may also be ratified in two ways: by the legislatures inthree-fourths of the several States; or by conventions in three-fourthsthereof. Congress has always selected the first of these methods. 

Amending the Constitution Difficult. --That it is difficult to amendthe Constitution may be seen when we consider that some two thousandamendments have been proposed in an official way. During a singlesession of the Fifty-seventh Congress, fifty amendments, on twentydifferent phases of government, were proposed in one or other of thehouses of Congress. 

Amendment XIII. --The purpose of the first ten amendments hasalready been noted on p. 112. 

The Thirteenth, Fourteenth, and Fifteenth Amendments were the results ofnegro slavery. The Emancipation Proclamation granted freedom to all ofthe slaves in the States then in rebellion. There were some States, however, as Kentucky, Tennessee, and Missouri, where slavery might stillexist legally. In order to be rid of this institution altogether, Congress proposed the Thirteenth Amendment to the Constitution, which isas follows:--

_Neither slavery nor involuntary servitude, except as a punishment forcrime whereof the party shall have been duly convicted, shall existwithin the United States, or any place subject to their jurisdiction. _

_Congress shall have power to enforce this article by appropriatelegislation. _

It was declared a part of the Constitution, December 18, 1865. 

Amendment XIV. --This amendment was proposed by Congress, June 16, 1866, as a part of the general plan for reconstruction. The SouthernStates were not to be regarded as a part of the Union until they shouldratify it. The entire amendment, given in Appendix A, should be read. Sections 1 and 2, however, contain the most important provisions. Section 1 has already been partially discussed on p. 95, under thequestion, "Who are citizens?" Section 2 has also been considered on p. 54, in connection with the apportionment of representatives. 

Congress has at different times removed the disabilities from certain ofthe classes mentioned in Section 3. Finally, an act of June 6, 1898, removed the last disability imposed by this section. 

Amendment XV. --In order to secure full political rights for thenegroes, the Fifteenth Amendment was passed, as indicated on p. 51. 

_The right of citizens of the United States to vote shall not be deniedor abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. _

_The Congress shall have power to enforce this article by appropriatelegislation. _

Amendment XVI. --_The Congress shall have power to lay or collecttaxes on incomes, from whatever source derived, without apportionmentamong the several States, and without regard to any census orenumeration_. 

This amendment, which provides for the laying of an income tax, wasadopted by the thirty-sixth legislature, the requisite three-fourths, onFebruary 3, 1913. It was hoped that the money supplied from this taxwould make up for any loss of revenue due to the reduction of tariffduties. The new tax will affect those whose yearly incomes are in excessof a certain line of exemption. 

Amendment XVII. --_The Senate of the United States shall be composedof two senators from each State, elected by the people thereof, for sixyears; and each senator shall have one vote. The electors in each Stateshall have the qualifications requisite for electors of the mostnumerous branch of the State legislature_. 

_When vacancies happen in the representation of any State in the Senatethe executive authority of such State shall issue writs of election tofill such vacancies. Provided, that the legislature of any State mayempower the executive thereof to make temporary appointments until thepeople fill the vacancies by election as the legislature may direct_. 

_This amendment shall not be so construed as to affect the election orterm of any senator chosen before it becomes valid as part of theConstitution_. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What facts can be given showing the difficulty of amending theArticles of Confederation? Fiske, Critical Period, 218-220. 

2. Is it now considered difficult to amend the Constitution? Bryce, American Commonwealth, I, 359-362 (368-371). 

3. What were the conditions under which the Emancipation Proclamationwas issued? Wilson, Division and Reunion, 226-228. 

4. Was the adoption of the Fifteenth Amendment a wise policy?

5. Give the arguments in favor of the Sixteenth Amendment. 

6. What reasons can you give in favor of the Seventeenth Amendment?

CHAPTER XIX. 

THE GOVERNMENTS OF THE WORLD. 

Kinds of Governments. --It is customary to classify the governmentsof the world under two heads: (1) republics, (2) monarchies. The realnature of our republic may be made more apparent by a comparison of oursystem with that of other republics, and with the governments of certaingreat monarchies. 

Our Federal Republic. --It has been emphasized in the course of ourstudy that the States are important parts in the political system whichwe call the Republic of the United States. The States are not mereadministrative divisions of the nation; they do not stand in the samerelation to the National government that counties bear to the State. They do not derive their powers from the National government; nor, onthe other hand, does the latter derive its powers from the States. Thesource of power for both is the same--"the people themselves, as anorganized body politic. " The United States is, then, a _FederalRepublic_. It is essential to understand that, in the division of powersbetween States and nation, the latter is sovereign over the matters thatare placed within its jurisdiction; but it is a feature of our systemno less essential (though less clearly understood by the people) thatthe States are as completely sovereign over matters that lie withintheir control. 

France a Centralized Republic. --In France we find an entirelydifferent type of republic--not federal, but centralized. France isdivided into eighty-six departments, which correspond in some respectsto our States. But in their relation to the central government thedifference is very striking; for the departments are merelyadministrative divisions of the central government. They are completelysubject to the national government. The chief authority in eachdepartment is a prefect, who is appointed by the ministry of France (thecentral executive body) and is responsible to it. There is a legislativebody in each department, called the general council, but the powers ofthis body are very much restricted. 

The national government of France exercises legislative authority uponmany subjects in the departments, and it administers the laws directly. Consequently, the people's powers of local self-government are very muchless extensive than those enjoyed by the people in the United States. There result in France much greater uniformity of legislation and moreeffective administration; while in many parts of the United States localself-government results in corrupt laws and wasteful administration. Butwe believe that the people will become educated in the use of politicalpower if the responsibility for its use rests upon them, rather thanupon some central authority. 

The Swiss Republic. --An example of a federal republic is thegovernment of Switzerland. Here the cantons correspond to our States, and each canton has control over its own local affairs, withoutinterference from the federal government. The chief features of theFrench and the Swiss governments are indicated in the accompanyingoutline:[62]

[Footnote 62: Among the South American republics, Brazil, Mexico, andArgentine Republic are federal in nature, like the United States andSwitzerland. ]

UNITED STATES SWITZERLAND FRANCE

_Congress Federal Assembly The Chambers__ Senate State Council Senate_Two members from Two members from 300 members elected each state each canton by an electoral college Six years in each department

_House of National Council Chamber of Deputies__Representatives_433 members elected 147 members elected 591 deputies elected by people by people by peopleTwo years Three years Four years

_President President President_Elected by electors, Elected by Federal Elected by National i. E. , by the Assembly Assembly; i. E. People of the States One year Senate and Chamber Four years of Deputies in joint session Seven years

_Cabinet Federal Council Ministry_Nine members appointed Seven members Twelve members appointedby President elected by Federal by Presidentand Senate Assembly

Constitutional Monarchies--Monarchies are classified as (1)constitutional and (2) absolute. In constitutional monarchies the rulerholds his position by heredity, but there exists also a constitution, which defines the distribution of powers among the branches that composethe government and fixes the limits of authority vested in each. TheBritish constitution is partly written, as found in the great historicaldocuments of English history, such as Magna Charta (1215), the Petitionof Right (1628), and the Bill of Rights (1689);[63] and partlyunwritten, consisting of precedents and customs which are recognized asauthoritative. The constitutions of the other monarchies of Europe weremade during the nineteenth century, and consequently they are youngerthan that of the United States. 

[Footnote 63: Compare the "Bill of Rights" in our Constitution; see pp. 256-260. ]

In all the constitutional monarchies we find legislative bodies similarto our Congress. In every case the lower house is elected by thevoters;[64] in England, the Austrian Empire, Italy, and Spain a numberof the members of the upper house hold their position by hereditaryright. In respect to legislation, therefore, the constitutionalmonarchies are all more or less republican in principle; that is, theyall recognize the supreme authority of the people acting through theirrepresentatives. 

[Footnote 64: Property qualifications for suffrage are common inEuropean countries. ]

An absolute monarchy is one in which the authority of the ruler is notheld in check by a constitution or by a body of men elected by thepeople. No civilized country now has this form of government. Untilrecently there existed in Europe two absolute monarchies--Russia andTurkey. 

The Cabinet System of Government. --In the relations existingbetween their legislative and executive departments, the Europeangovernments differ considerably from that of the United States. In ourgovernment we find, in theory at least, that these departments areseparated; in the European governments there is a close relation of thelegislative and executive branches, through some form of "cabinetresponsibility. " This "cabinet system" of government is found in therepublics as well as in the constitutional monarchies of Europe, and inthe self-governing British possessions, such as Canada and theAustralian colonies. [67] The difference between the congressional andthe cabinet systems is greater in appearance than in reality; for in theUnited States the President and his Cabinet exert considerable influenceupon legislation. 

ENGLAND GERMANY

Monarch--hereditary in the Emperor--hereditaryline fixed by Parliament King of Prussia

_Cabinet_ _Ministry_Nineteen members[65] chosen by Eight ministers, Chancellor atthe Prime minister the head, appointed by the Emperor

_Parliament_ _Parliament_Limit of term, seven years Term, five years

_House of Lords_ _Bundesrath or General Council_586 members, holding seats 58 members appointed by the(1) by heredity, (2) by German Statesappointment by crown, (3) by election[66]

_House of Commons_ _Reichstag or Diet of the Realm_670 members elected by the 397 members elected by thepeople of England, Scotland, peopleand Ireland

[Footnote 65: The number of members in the ministries of England andGermany varies. ]

[Footnote 66: Irish peers are elected for life, and Scottish peers areelected for the duration of a Parliament. ]

[Footnote 67: This system finds its best illustration in the Englishgovernment, of which a brief description will be found in "Government inState and Nation, " pp. 157-160. For references, see questions 14 and 15, p. 161. ]

The Form and the Spirit of Government. --The study of othergovernments and the comparison of them with our own will teach us thatthe virtue of a government resides, not in its framework, but in itsspirit. A government may be monarchical in form and republican in itspractical workings. In England, and in others of the Europeanmonarchies, the will of the people is the law of the land. On the otherhand, a government may be republican in form, and very unrepublican inits methods of operation. There are cities and States in our countrywhere one man, the political boss, or a group of men, the politicalmachine, dictates the course of legislation and controls theadministration of the law. Here we find, in reality, not republicangovernments, but despotisms or oligarchies. 

The final test of a government is found in the responsiveness of thegoverning authorities to the will of the majority of the people. Wherever republican institutions are found, whether in republics or inmonarchies, the people may rule if they will. Monarchical andaristocratic institutions do not in our time stand long in opposition toa determined public opinion; and, on the other hand, a framework ofrepublican institutions will not insure the execution of the popularwill. This can only be secured where high-minded citizens are vigilantin the performance of their political duties. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The relations of nations are governed by the rules of internationallaw. Government in State and Nation, 301-303. 

2. What progress has been made in the direction of settling disputesbetween nations by arbitration instead of by war? Government in Stateand Nation, 304-306. 

APPENDIX A. 

 * * * * *

CONSTITUTIONOF THEUNITED STATES OF AMERICA. 

We the people of the United States, in order to form a more perfectunion, establish justice, insure domestic tranquility, provide for thecommon defense, promote the general welfare, and secure the blessings ofliberty to ourselves and our posterity, do ordain and establish thisCONSTITUTION for the United States of America. 

ARTICLE I. 

SECTION I. All legislative powers herein granted shall be vested in aCongress of the United States, which shall consist of a Senate and aHouse of Representatives. 

SECT. II. 1. The House of Representatives shall be composed of memberschosen every second year by the people of the several States, and theelectors in each State shall have the qualifications requisite forelectors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained tothe age of twenty-five years, and been seven years a citizen of theUnited States, and who shall not, when elected, be an inhabitant of thatState in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among theseveral States which may be included within this Union, according totheir respective numbers, which shall be determined by adding to thewhole number of free persons, including those bound to service for aterm of years, and excluding Indians not taxed, three fifths of allother persons. The actual enumeration shall be made within three yearsafter the first meeting of the Congress of the United States, and withinevery subsequent term of ten years, in such manner as they shall by lawdirect. The number of Representatives shall not exceed one for everythirty thousand, but each State shall have at least one representative;and until such enumeration shall be made, the State of New Hampshireshall be entitled to choose three, Massachusetts eight, Rhode Island andProvidence Plantations one, Connecticut five, New York six, New Jerseyfour, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State, theExecutive authority thereof shall issue writs of election to fill suchvacancies. 

5. The House of Representatives shall choose their Speaker and otherofficers; and shall have the sole power of impeachment. 

SECT. III. 1. The Senate of the United States shall be composed of twoSenators from each State, chosen by the legislature thereof, for sixyears; and each Senator shall have one vote. (See Amendment XVII. )

2. Immediately after they shall be assembled in consequence of the firstelection, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at theexpiration of the second year, of the second class at the expiration ofthe fourth year, and of the third class at the expiration of the sixthyear, so that one third may be chosen every second year; and ifvacancies happen by resignation or otherwise, during the recess of thelegislature of any State, the Executive thereof may make temporaryappointments until the next meeting of the legislature, which shall thenfill such vacancies. (See Amendment XVII. )

3. No person shall be a Senator who shall not have attained to the ageof thirty years, and been nine years a citizen of the United States, andwho shall not, when elected, be an inhabitant of that State for which heshall be chosen. 

4. The Vice-President of the United States shall be President of theSenate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President_pro tempore_, in the absence of the Vice-President, or when he shallexercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. Whensitting for that purpose, they shall be on oath or affirmation. When thePresident of the United States is tried, the Chief Justice shallpreside: and no person shall be convicted without the concurrence of twothirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than toremoval from office, and disqualification to hold and enjoy any officeof honor, trust or profit under the United States: but the partyconvicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. 

SECT. IV. 1. The times, places and manner of holding elections forSenators and Representatives shall be prescribed in each State by thelegislature thereof; but the Congress may at any time by law make oralter such regulations, except as to the places of choosing Senators. (See Amendment XVII. )

2. The Congress shall assemble at least once in every year, and suchmeeting shall be on the first Monday in December, unless they shall bylaw appoint a different day. 

SECT. V. 1. Each house shall be the judge of the elections, returns andqualifications of its own members, and a majority of each shallconstitute a quorum to do business; but a smaller number may adjournfrom day to day, and may be authorized to compel the attendance ofabsent members, in such manner, and under such penalties, as each housemay provide. 

2. Each house may determine the rules of its proceedings, punish itsmembers for disorderly behavior, and with the concurrence of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time totime publish the same, excepting such parts as may in their judgmentrequire secrecy; and the yeas and nays of the members of either house onany question shall, at the desire of one fifth of those present, beentered on the journal. 

4. Neither house, during the session of Congress, shall, without theconsent of the other, adjourn for more than three days, nor to any otherplace than that in which the two houses shall be sitting. 

SECT. VI. 1. The Senators and Representatives shall receive acompensation for their services, to be ascertained by law and paid outof the treasury of the United States. They shall in all cases excepttreason, felony and breach of the peace, be privileged from arrestduring their attendance at the session of their respective houses, andin going to and returning from the same; and for any speech or debate ineither house, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he waselected, be appointed to any civil office under the authority of theUnited States, which shall have been created, or the emoluments whereofshall have been increased, during such time; and no person holding anyoffice under the United States shall be a member of either house duringhis continuance in office. 

SECT. VII. 1. All bills for raising revenue shall originate in the Houseof Representatives; but the Senate may propose or concur with amendmentsas on other bills. 

2. Every bill which shall have passed the House of Representatives andthe Senate, shall, before it become a law, be presented to the Presidentof the United States; if he approve he shall sign it, but if not heshall return it with his objections to that house in which it shall haveoriginated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirdsof that house shall agree to pass the bill, it shall be sent, togetherwith the objections, to the other house, by which it shall likewise bereconsidered, and, if approved by two thirds of that house, it shallbecome a law. But in all such cases the votes of both houses shall bedetermined by yeas and nays, and the names of the persons voting for andagainst the bill shall be entered on the journal of each houserespectively. If any bill shall not be returned by the President withinten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unlessthe Congress by their adjournment prevent its return, in which case itshall not be a law. 

3. Every order, resolution, or vote to which the concurrence of theSenate and House of Representatives may be necessary (except on aquestion of adjournment) shall be presented to the President of theUnited States; and before the same shall take effect, shall be approvedby him, or being disapproved by him, shall be repassed by two thirds ofthe Senate and House of Representatives, according to the rules andlimitations prescribed in the case of a bill. 

SECT. VIII. The Congress shall have power:

1. To lay and collect taxes, duties, imposts, and excises, to pay thedebts and provide for the common defense and general welfare of theUnited States; but all duties, imposts and excises shall be uniformthroughout the United States;

2. To borrow money on the credit of the United States;

3. To regulate commerce with foreign nations, and among the severalStates, and with the Indian tribes;

4. To establish an uniform rule of naturalization, and uniform laws onthe subject of bankruptcies throughout the United States;

5. To coin money, regulate the value thereof, and of foreign coin, andfix the standard of weights and measures;

6. To provide for the punishment of counterfeiting the securities andcurrent coin of the United States;

7. To establish post offices and post roads;

8. To promote the progress of science and useful arts by securing forlimited times to authors and inventors the exclusive right to theirrespective writings and discoveries;

9. To constitute tribunals inferior to the Supreme Court;

10. To define and punish piracies and felonies committed on the highseas and offences against the law of nations;

11. To declare war, grant letters of marque and reprisal, and make rulesconcerning captures on land and water;

12. To raise and support armies, but no appropriation of money to thatuse shall be for a longer term than two years;

13. To provide and maintain a navy;

14. To make rules for the government and regulation of the land andnaval forces;

15. To provide for calling forth the militia to execute the laws of theUnion, suppress insurrections, and repel invasions;

16. To provide for organizing, arming and disciplining the militia, andfor governing such part of them as may be employed in the service of theUnited States, reserving to the States respectively the appointment ofthe officers, and the authority of training the militia according to thediscipline prescribed by Congress;

17. To exercise exclusive legislation in all cases whatsoever, over suchdistrict (not exceeding ten miles square) as may, by cession ofparticular States, and the acceptance of Congress, become the seat ofgovernment of the United States, and to exercise like authority over allplaces purchased by the consent of the legislature of the State, inwhich the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--and

18. To make all laws which shall be necessary and proper for carryinginto execution the foregoing powers, and all other powers vested by thisConstitution in the government of the United States, or in anydepartment or office thereof. 

SECT. IX. 1. The migration or importation of such persons as any of theStates now existing shall think proper to admit shall not be prohibitedby the Congress prior to the year one thousand eight hundred and eight;but a tax or duty may be imposed on such importation, not exceeding tendollars for each person. 

2. The privilege of the writ of _habeas corpus_ shall not be suspended, unless when in cases of rebellion or invasion the public safety mayrequire it. 

3. No bill of attainder or _ex post facto_ law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless inproportion to the census or enumeration hereinbefore directed to betaken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or revenueto the ports of one State over those of another: nor shall vessels boundto, or from, one State, be obliged to enter, clear, or pay duties inanother. 

7. No money shall be drawn from the treasury, but in consequence ofappropriations made by law; and a regular statement and account of thereceipts and expenditures of all public money shall be published fromtime to time. 

8. No title of nobility shall be granted by the United States: and noperson holding any office of profit or trust under them, shall, withoutthe consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. 

SECT. X. 1. No State shall enter into any treaty, alliance, orconfederation; grant letters of marque and reprisal; coin money; emitbills of credit; make anything but gold and silver coin a tender inpayment of debts; pass any bill of attainder, _ex post facto_ law, orlaw impairing the obligation of contracts, or grant any title ofnobility. 

2. No State shall, without the consent of the Congress, lay any impostsor duties on imports or exports, except what may be absolutely necessaryfor executing its inspection laws: and the net produce of all duties andimposts, laid by any State on imports or exports, shall be for the useof the treasury of the United States; and all such laws shall be subjectto the revision and control of the Congress. 

4 No State shall, without the consent of Congress, lay any duty oftonnage, keep troops, or ships of war in time of peace, enter into anyagreement or compact with another State, or with a foreign power, orengage in war, unless actually invaded, or in such imminent danger aswill not admit of delay. 

ARTICLE II. 

SECTION I. 1. The executive power shall be vested in a President of theUnited States of America. He shall hold his office during the term offour years, and together with the Vice-President, chosen for the sameterm, be elected as follows:

2. Each State shall appoint, in such manner as the legislature thereofmay direct, a number of electors, equal to the whole number of Senatorsand Representatives to which the State may be entitled in the Congress;but no Senator or Representative, or person holding an office of trustor profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballotfor two persons, of whom one at least shall not be an inhabitant of thesame State with themselves. And they shall make a list of all thepersons voted for, and of the number of votes for each; which list theyshall sign and certify, and transmit sealed to the seat of government ofthe United States, directed to the President of the Senate. ThePresident of the Senate shall, in the presence of the Senate and Houseof Representatives, open all the certificates, and the votes shall thenbe counted. The person having the greatest number of votes shall be thePresident, if such number be a majority of the whole number of electorsappointed; and if there be more than one who have such majority, andhave an equal number of votes, then the House of Representatives shallimmediately choose by ballot one of them for President; and if no personhave a majority, then from the five highest on the list the said houseshall in like manner choose the President. But in choosing the Presidentthe votes shall be taken by States, the representation from each Statehaving one vote; a quorum for this purpose shall consist of a member ormembers from two thirds of the States, and a majority of all the Statesshall be necessary to a choice. In every case, after the choice of thePresident, the person having the greatest number of votes of theelectors shall be the Vice-President. But if there should remain two ormore who have equal votes, the Senate shall choose from them by ballotthe Vice-President. ]

3. The Congress may determine the time of choosing the electors, and theday on which they shall give their votes; which day shall be the samethroughout the United States. 

4. No person except a natural born citizen, or a citizen of the UnitedStates, at the time of the adoption of this Constitution, shall beeligible to the office of President; neither shall any person beeligible to that office who shall not have attained to the age ofthirty-five years, and been fourteen years a resident within the UnitedStates. 

5. In case of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the saidoffice, the same shall devolve on the Vice-President, and the Congressmay by law provide for the case of removal, death, resignation, orinability, both of the President and Vice-President, declaring whatofficer shall then act as President, and such officer shall actaccordingly, until the disability be removed, or a President shall beelected. 

6. The President shall, at stated times, receive for his services, acompensation, which shall neither be increased nor diminished during theperiod for which he shall have been elected, and he shall not receivewithin that period any other emolument from the United States, or any ofthem. 

7. Before he enter on the execution of his office, he shall take thefollowing oath or affirmation:--"I do solemnly swear (or affirm) that Iwill faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend theConstitution of the United States. "

SECT. II. 1. The President shall be commander in chief of the army andnavy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may requirethe opinion, in writing, of the principal officer in each of theexecutive departments, upon any subject relating to the duties of theirrespective offices, and he shall have power to grant reprieves andpardons for offenses against the United States, except in cases ofimpeachment. 

2. He shall have power, by and with the advice and consent of theSenate, to make treaties, provided two thirds of the Senators presentconcur; and he shall nominate, and by and with the advice and consent ofthe Senate, shall appoint ambassadors, other public ministers andconsuls, judges of the Supreme Court, and all other officers of theUnited States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vestthe appointment of such inferior officers, as they think proper, in thePresident alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that mayhappen during the recess of the Senate, by granting commissions whichshall expire at the end of their next session. 

SECT. III. He shall from time to time give to the Congress informationof the state of the Union, and recommend to their consideration suchmeasures as he shall judge necessary and expedient; he may, onextraordinary occasions, convene both houses, or either of them, and incase of disagreement between them, with respect to the time ofadjournment, he may adjourn them to such time as he shall think proper;he shall receive ambassadors and other public ministers; he shall takecare that the laws be faithfully executed, and shall commission all theofficers of the United States. 

SECT. IV. The President, Vice-President and all civil officers of theUnited States, shall be removed from office on impeachment for, andconviction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

SECTION I. The judicial power of the United States, shall be vested inone Supreme Court, and in such inferior courts as Congress may from timeto time ordain and establish. The judges, both of the Supreme andinferior courts, shall hold their offices during good behavior, andshall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. 

SECT. II. 1. The judicial power shall extend to all cases, in law andequity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made, under their authority;--to allcases affecting ambassadors, other public ministers and consuls;--to allcases of admiralty jurisdiction;--to controversies to which the UnitedStates shall be a party;--to controversies between two or moreStates;--between a State and citizens of another State;--betweencitizens of different States;--between citizens of the same Stateclaiming lands under grants of different States, and between a State, orthe citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers andconsuls, and those in which a State shall be a party, the Supreme Courtshall have original jurisdiction. In all the other cases beforementioned, the Supreme Court shall have appellate jurisdiction, both asto law and fact, with such exceptions, and under such regulations as theCongress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be byjury; and such trial shall be held in the State where the said crimesshall have been committed; but when not committed within any State, thetrial shall be at such place or places as the Congress may by law havedirected. 

SECT. III. 1. Treason against the United States shall consist only inlevying war against them, or in adhering to their enemies, giving themaid and comfort. No person shall be convicted of treason unless on thetestimony of two witnesses to the same overt act, or on confession inopen court. 

2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, orforfeiture except during the life of the person attainted. 

ARTICLE IV. 

SECTION I. Full faith and credit shall be given in each State to thepublic acts, records, and judicial proceedings of every other State. Andthe Congress may by general laws prescribe the manner in which suchacts, records, and proceedings shall be proved, and the effect thereof. 

SECT. II. 1. The citizens of each State shall be entitled to allprivileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall ondemand of the executive authority of the State from which he fled, bedelivered up, to be removed to the State having jurisdiction of thecrime. 

3. No person held to service or labor in one State, under the lawsthereof, escaping into another, shall, in consequence of any law orregulation therein, be discharged from such service or labor, but shallbe delivered up on claim of the party to whom such service or labor maybe due. 

SECT. III. 1. New States may be admitted by the Congress into thisUnion; but no new State shall be formed or erected within thejurisdiction of any other State; nor any State be formed by the junctionof two or more States, or parts of States, without the consent of thelegislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needfulrules and regulations respecting the territory or other propertybelonging to the United States; and nothing in this Constitution shallbe so construed as to prejudice any claims of the United States, or ofany particular State. 

SECT. IV. The United States shall guarantee to every State in this Uniona republican form of government, and shall protect each of them againstinvasion; and on application of the legislature, or of the executive(when the legislature cannot be convened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem itnecessary, shall propose amendments to this Constitution, or, on theapplication of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which in either caseshall be valid to all intents and purposes, as part of thisConstitution, when ratified by the legislatures of three fourths of theseveral States, or by conventions in three fourths thereof, as the oneor the other mode of ratification may be proposed by the Congress;provided that no amendments which may be made prior to the year onethousand eight hundred and eight shall in any manner affect the firstand fourth clauses in the ninth section of the first article; and thatno State, without its consent, shall be deprived of its equal suffragein the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before theadoption of this Constitution, shall be as valid against the UnitedStates under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall bemade in pursuance thereof; and all treaties made, or which shall bemade, under the authority of the United States, shall be the supreme lawof the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrarynotwithstanding. 

3. The Senators and Representatives before mentioned, and the members ofthe several State legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound byoath or affirmation, to support this Constitution; but no religious testshall ever be required as a qualification to any office or public trustunder the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States, shall be sufficientfor the establishment of this Constitution between the States soratifying the same. 

Done in Convention by the unanimous consent of the States present, theseventeenth day of September in the year of our Lord one thousand sevenhundred and eighty-seven and of the Independence of the United States ofAmerica the twelfth. In witness whereof we have hereunto subscribed ournames. 

[Signed by]

George WASHINGTON, _Presidt and Deputy from Virginia. _

NEW HAMPSHIRE. 

John Langdon, Nicholas Gilman. 

MASSACHUSETTS. Nathaniel Gorham, Rufus King. 

CONNECTICUT. Wm. Saml. Johnson, Roger Sherman. 

NEW YORK. Alexander Hamilton. 

NEW JERSEY. Wil: Livingston, David Brearley, Wm: Paterson, Jona: Dayton. 

PENNSYLVANIAB Franklin, Thomas Mifflin, Robt. Morris, Geo. Clymer, Tho. Fitz Simons, Jared Ingersoll, James Wilson, Gouv Morris. 

DELAWARE. 

Geo: Read, Gunning Bedford, Jun, John Dickinson, Richard Bassett, Jaco: Broom. 

MARYLAND. 

James McHenry, Dan of St. Thos Jenifer, Danl Carroll. 

VIRGINIA. 

John Blair, James Madison, Jr. 

NORTH CAROLINA. 

Wm. Blount, Richd. Dobbs Spaight, Hu Williamson. 

SOUTH CAROLINA. 

J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. 

GEORGIA. 

William Few, Abr. Baldwin. 

Attest: William Jackson, _Secretary_. 

ARTICLES IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION OF THE UNITEDSTATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THELEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THEORIGINAL CONSTITUTION. 

ARTICLE I. --Congress shall make no law respecting an establishment ofreligion, or prohibiting the free exercise thereof; or abridging thefreedom of speech, or of the press; or the right of the peoplepeaceably to assemble and to petition the government for a redress ofgrievances. 

ARTICLE II. --A well-regulated militia, being necessary to the securityof a free State, the right of the people to keep and bear arms, shallnot be infringed. 

ARTICLE III. --No soldier shall, in time of peace be quartered in anyhouse without the consent of the owner, nor in time of war, but in amanner to be prescribed by law. 

ARTICLE IV. --The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probablecause, supported by oath or affirmation, and particularly describing theplace to be searched, and the persons or things to be seized. 

ARTICLE V. --No person shall be held to answer for a capital, orotherwise infamous crime, unless on a presentment or indictment of agrand jury except in cases arising in the land or naval forces, or inthe militia, when in actual service in time of war or public danger; norshall any person be subject for the same offense to be twice put injeopardy of life or limb; nor shall be compelled in any criminal case tobe a witness against himself, nor be deprived of life, liberty, orproperty, without due process of law; nor shall private property betaken for public use without just compensation. 

ARTICLE VI. --In all criminal prosecutions the accused shall enjoy theright to a speedy and public trial, by an impartial jury of the Stateand district wherein the crime shall have been committed, which districtshall have been previously ascertained by law, and to be informed of thenature and cause of the accusation; to be confronted with the witnessesagainst him; to have compulsory process for obtaining witnesses in hisfavor, and to have the assistance of counsel for his defense. 

ARTICLE VII. --In suits at common law, where the value in controversyshall exceed twenty dollars, the right of trial by jury shall bepreserved, and no fact tried by a jury shall be otherwise reexamined inany court of the United States, than according to the rules of thecommon law. 

ARTICLE VIII. --Excessive bail shall not be required, nor excessive finesimposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. --The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by thepeople. 

ARTICLE X. --The powers not delegated to the United States by theConstitution, nor prohibited by it to the States, are reserved to theStates respectively, or to the people. 

ARTICLE XI. --The judicial power of the United States shall not beconstrued to extend to any suit in law or equity, commenced orprosecuted against one of the United States by citizens of anotherState, or by citizens or subjects of any foreign state. 

ARTICLE XII. --1. The electors shall meet in their respective States, andvote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shallname in their ballots the person voted for as President, and in distinctballots the person voted for as Vice-President, and they shall makedistinct lists of all persons voted for as President, and of all personsvoted for as Vice-President, and of the number of votes for each, whichlists they shall sign and certify, and transmit sealed to the seat ofgovernment of the United States, directed to the President of theSenate;--the President of the Senate shall, in the presence of theSenate and House of Representatives, open all the certificates and thevotes shall then be counted;--the person having the greatest number ofvotes for President shall be the President, if such number be a majorityof the whole number of electors appointed; and if no person have suchmajority, then from the persons having the highest numbers not exceedingthree on the list of those voted for as President, the House ofRepresentatives shall choose immediately, by ballot, the President. Butin choosing the President, the votes shall be taken by States, therepresentation from each State having one vote; a quorum for thispurpose shall consist of a member or members from two thirds of theStates, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a Presidentwhenever the right of choice shall devolve upon them, before the fourthday of March next following, then the Vice-President shall act asPresident, as in the case of the death or other constitutionaldisability of the President. --The person having the greatest number ofvotes as Vice-President, shall be the Vice-President, if such number bea majority of the whole number of electors appointed, and if no personhave a majority, then from the two highest numbers on the list, theSenate shall choose the Vice-President; a quorum for the purpose shallconsist of two thirds of the whole number of Senators, and a majority ofthe whole number shall be necessary to a choice. But no personconstitutionally ineligible to the office of President shall be eligibleto that of Vice-president of the United States. 

ARTICLE XIII. --Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been dulyconvicted, shall exist within the United States, or any place subject totheir jurisdiction. 

Section 2. Congress shall have power to enforce this article byappropriate legislation. 

ARTICLE XIV. --Section 1. All persons born or naturalized in the UnitedStates, and subject to the jurisdiction thereof, are citizens of theUnited States and of the State wherein they reside. No State shall makeor enforce any law which shall abridge the privileges or immunities ofcitizens of the United States; nor shall any State deprive any person oflife, liberty, or property, without due process of law; nor deny to anyperson within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several Statesaccording to their respective numbers, counting the whole number ofpersons in each State, excluding Indians not taxed. But when the rightto vote at any election for the choice of Electors for President andVice-President of the United States, Representatives in Congress, theexecutive and judicial officers of a State, or the members of thelegislature thereof, is denied to any of the male inhabitants of suchState, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion, or othercrime, the basis of representation therein shall be reduced in theproportion which the number of such male citizens shall bear to thewhole number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil ormilitary, under the United States, or under any State, who, havingpreviously taken an oath, as a member of Congress, or as an officer ofthe United States, or as a member of any State legislature, or as anexecutive or judicial officer of any State, to support the Constitutionof the United States, shall have engaged in insurrection or rebellionagainst the same, or given aid or comfort to the enemies thereof. ButCongress may by a vote of two thirds of each house, remove suchdisability. 

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions andbounties for services in suppressing insurrection or rebellion, shallnot be questioned. But neither the United States nor any State shallassume or pay any debt or obligation incurred in aid of insurrection orrebellion against the United States, or any claim for the loss oremancipation of any slave; but all such debts, obligations, and claimsshall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriatelegislation the provisions of this article. 

ARTICLE XV. --Section 1. The right of citizens of the United States tovote shall not be denied or abridged by the United States or any Stateon account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article byappropriate legislation. 

ARTICLE XVI. --The Congress shall have power to lay and collect taxes onincomes from whatever source derived, without apportionment among theseveral States and without regard to any census or enumeration. 

ARTICLE XVII. --Section 1. The Senate of the United States shall becomposed of two senators from each State, elected by the people thereof, for six years; and each senator shall have one vote. The electors ineach State shall have the qualifications requisite for electors of themost numerous branch of the State legislature. 

Section 2. When vacancies happen in the representation of any State inthe Senate the executive authority of such State shall issue writs ofelection to fill such vacancies, Provided, that the legislature of anyState may empower the executive thereof to make temporary appointmentsuntil the people fill the vacancies by election as the legislature maydirect. 

Section 3. This amendment shall not be so construed as to affect theelection or term of any senator chosen before it becomes valid as partof the Constitution. 

APPENDIX B. 

ARTICLES OF CONFEDERATION. 

_Articles of Confederation and Perpetual Union between the States of NewHampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. _

ARTICLE I. --The style of this Confederacy shall be, "The United Statesof America. "

ART. II. --Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by thisConfederation expressly delegated to the United States in Congressassembled. 

ART. III. --The said States hereby severally enter into a firm league offriendship with each other, for their common defense, the security oftheir liberties, and their mutual and general welfare, bindingthemselves to assist each other against all force offered to, or attacksmade upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. 

ART. IV. --The better to secure and perpetuate mutual friendship andintercourse among the people of the different States in this Union, thefree inhabitants of each of these States, paupers, vagabonds, andfugitives from justice excepted, shall be entitled to all privileges andimmunities of free citizens in the several States; and the people ofeach State shall have free ingress and egress to and from any otherState, and shall enjoy therein all the privileges of trade and commercesubject to the same duties, impositions, and restrictions as theinhabitants thereof respectively; provided that such restrictions shallnot extend so far as to prevent the removal of property imported intoany State to any other State of which the owner is an inhabitant;provided also, that no imposition, duties, or restriction shall be laidby any State on the property of the United States or either of them. Ifany person guilty of, or charged with, treason, felony, or other highmisdemeanor in any State shall flee from justice and be found in any ofthe United States, he shall, upon demand of the governor or executivepower of the States from which he fled, be delivered up and removed tothe State having jurisdiction of his offense. Full faith and creditshall be given in each of these States to the records, acts, andjudicial proceedings of the courts and magistrates of every other State. 

ART. V. --For the more convenient management of the general interests ofthe United States, delegates shall be annually appointed in such manneras the Legislature of each State shall direct, to meet in Congress onthe first Monday in November in every year with a power reserved to eachState to recall its delegates, or any of them, at any time within theyear, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor by morethan seven members; and no person shall be capable of being a delegatefor more than three years in any term of six years; nor shall anyperson, being a delegate, be capable of holding any office under theUnited States for which he, or another for his benefit, receives anysalary, fees, or emolument of any kind. Each State shall maintain itsown delegates in any meeting of the States and while they act as membersof the Committee of the States. In determining questions in the UnitedStates in Congress assembled, each State shall have one vote. Freedom ofspeech and debate in Congress shall not be impeached or questioned inany court or place out of Congress; and the members of Congress shall beprotected in their persons from arrest and imprisonment during the timeof their going to and from, and attendance on, Congress, except fortreason, felony, or breach of the peace. 

ART. VI. --No State, without the consent of the United States, inCongress assembled, shall send any embassy to, or receive any embassyfrom, or enter into any conference, agreement, alliance, or treaty withany king, prince, or state; nor shall any person holding any office ofprofit or trust under the United States, or any of them, accept of anypresent, emolument, office, or title of any kind whatever from any king, prince, or foreign state; nor shall the United States, in Congressassembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, oralliance whatever between them, without the consent of the UnitedStates, in Congress assembled, specifying accurately the purposes forwhich the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with anystipulations in treaties entered into by the United States, in Congressassembled, with any king, prince, or state, in pursuance of any treatiesalready proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any State, exceptsuch number only as shall be deemed necessary by the United States, inCongress assembled, for the defense of such State or its trade, norshall any body of forces be kept up by any State in time of peace, except such number only as, in the judgment of the United States, inCongress assembled, shall be deemed requisite to garrison the fortsnecessary for the defense of such State; but every State shall alwayskeep up a well-regulated and disciplined militia, sufficiently armed andaccoutered, and shall provide and constantly have ready for use inpublic stores a due number of field-pieces and tents, and a properquantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the UnitedStates, in Congress assembled, unless such State be actually invaded byenemies, or shall have received certain advice of a resolution beingformed by some nation of Indians to invade such State, and the danger isso imminent as not to admit of a delay till the United States, inCongress assembled, can be consulted; nor shall any State grantcommissions to any ships or vessels of war, nor letters of marque orreprisal, except it be after a declaration of war by the United States, in Congress assembled, and then only against the kingdom or state, andthe subjects thereof, against which war has been so declared, and undersuch regulations as shall be established by the United States, inCongress assembled, unless such State be infested by pirates, in whichcase vessels of war may be fitted out for that occasion, and kept solong as the danger shall continue, or until the United States, inCongress assembled, shall determine otherwise. 

ART. VII. --When land forces are raised by any State for the commondefense, all officers of or under the rank of Colonel shall be appointedby the Legislature of each State respectively by whom such forces shallbe raised, or in such manner as such State shall direct, and allvacancies shall be filled up by the State which first made theappointment. 

ART. VIII. --All charges of war, and all other expenses that shall beincurred for the common defense, or general welfare, and allowed by theUnited States, in Congress assembled, shall be defrayed out of a commontreasury, which shall be supplied by the several States in proportion tothe value of all land within each State, granted to, or surveyed for, any person, as such land and the buildings and improvements thereonshall be estimated, according to such mode as the United States, inCongress assembled, shall, from time to time, direct and appoint. Thetaxes for paying that proportion shall be laid and levied by theauthority and direction of the Legislatures of the several States, within the time agreed upon by the United States in Congress assembled. 

ART. IX. --The United States, in Congress assembled, shall have the soleand exclusive right and power of determining on peace and war, except inthe cases mentioned in the sixth Article; of sending and receivingambassadors; entering into treaties and alliances, provided that notreaty of commerce shall be made, whereby the legislative power of therespective States shall be restrained from imposing such imposts andduties on foreigners as their own people are subjected to, or fromprohibiting the exportation or importation of any species of goods orcommodities whatever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal, and in what mannerprizes taken by land or naval forces in the service of the United Statesshall be divided or appropriated; of granting letters of marque andreprisal in times of peace; appointing courts for the trial of piraciesand felonies committed on the high seas; and establishing courts forreceiving and determining finally appeals in all cases of captures;provided that no member of Congress shall be appointed a judge of any ofthe said courts. 

The United States, in Congress assembled, shall also be the last resorton appeal in all disputes and differences now subsisting, or thathereafter may arise between two or more States concerning boundary, jurisdiction, or any other cause whatever; which authority shall alwaysbe exercised in the manner following: Whenever the legislative orexecutive authority, or lawful agent of any State in controversy withanother, shall present a petition to Congress, stating the matter inquestion, and praying for a hearing, notice thereof shall be given byorder of Congress to the legislative or executive authority of the otherState in controversy, and a day assigned for the appearance of theparties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court forhearing and determining the matter in question; but if they cannotagree, Congress shall name three persons out of each of the UnitedStates, and from the list of such persons each party shall alternatelystrike out one, the petitioners beginning, until the number shall bereduced to thirteen; and from that number not less than seven nor morethan nine names, as Congress shall direct, shall, in the presence ofCongress, be drawn out by lot; and the persons whose names shall be sodrawn, or any five of them, shall be commissioners or judges, to hearand finally determine the controversy, so always as a major part of thejudges who shall hear the cause shall agree in the determination; and ifeither party shall neglect to attend at the day appointed, withoutshowing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Congress shall proceed to nominate threepersons out of each State, and the secretary of Congress shall strike inbehalf of such party absent or refusing; and the judgment and sentenceof the court, to be appointed in the manner before prescribed, shall befinal and conclusive; and if any of the parties shall refuse to submitto the authority of such court, or to appear or defend their claim orcause, the court shall nevertheless proceed to pronounce sentence orjudgment, which shall in like manner be final and decisive; the judgmentor sentence and other proceedings being in either case transmitted toCongress, and lodged among the acts of Congress for the security of theparties concerned; provided, that every commissioner, before he sits injudgment, shall take an oath, to be administered by one of the judges ofthe supreme or superior court of the State where the cause shall betried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hopeof reward. " Provided, also, that no State shall be deprived of territoryfor the benefit of the United States. 

All controversies concerning the private right of soil claimed underdifferent grants of two or more States, whose jurisdictions, as they mayrespect such lands, and the States which passed such grants areadjusted, the said grants or either of them being at the same timeclaimed to have originated antecedent to such settlement ofjurisdiction, shall, on the petition of either party to the Congress ofthe United States, be finally determined, as near as may be, in the samemanner as is before prescribed for deciding disputes respectingterritorial jurisdiction between different States. 

The United States, in Congress assembled, shall also have the sole andexclusive right and power of regulating the alloy and value of coinstruck by their own authority, or by that of the respective States;fixing the standard of weights and measures throughout the UnitedStates; regulating the trade and managing all affairs with the Indians, not members of any of the States; provided that the legislative right ofany State, within its own limits, be not infringed or violated;establishing and regulating post offices from one State to another, throughout all the United States, and exacting such postage on thepapers passing through the same as may be requisite to defray theexpenses of the said office; appointing all officers of the land forcesin the service of the United States, excepting regimental officers;appointing all the officers of the naval forces, and commissioning allofficers whatever in the service of the United States; making rules forthe government and regulation of the said land and naval forces, anddirecting their operations. 

The United States, in Congress assembled, shall have authority toappoint a committee, to sit in the recess of Congress, to be denominated"A Committee of the States, " and to consist of one delegate from eachState, and to appoint such other committees and civil officers as may benecessary for managing the general affairs of the United States undertheir direction; to appoint one of their number to preside; providedthat no person be allowed to serve in the office of president more thanone year in any term of three years; to ascertain the necessary sums ofmoney to be raised for the service of the United States, and toappropriate and apply the same for defraying the public expenses; toborrow money or emit bills on the credit of the United States, transmitting every half year to the respective States an account of thesums of money so borrowed or emitted; to build and equip a navy; toagree upon the number of land forces, and to make requisitions from eachState for its quota, in proportion to the number of white inhabitants insuch State, which requisition shall be binding; and thereupon theLegislature of each State shall appoint the regimental officers, raisethe men, and clothe, arm, and equip them in a soldier-like manner, atthe expense of the United States; and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within thetime agreed on by the United States, in Congress assembled; but if theUnited States, in Congress assembled, shall, on consideration ofcircumstances, judge proper that any State should not raise men, orshould raise a smaller number than its quota, and that any other Stateshould raise a greater number of men than the quota thereof, such extranumber shall be raised, officered, clothed, armed, and equipped in thesame manner as the quota of such State, unless the Legislature of suchState shall judge that such extra number cannot be safely spared out ofthe same, in which case they shall raise, officer, clothe, arm, andequip as many of such extra number as they judge can be safely spared, and the officers and men so clothed, armed, and equipped shall march tothe place appointed, and within the time agreed on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enterinto any treaties or alliances, nor coin money, nor regulate the valuethereof, nor ascertain the sums and expenses necessary for the defenseand welfare of the United States, or any of them, nor emit bills, norborrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, orthe number of land or sea forces to be raised, nor appoint a commanderin chief of the army or navy, unless nine States assent to the same, norshall a question on any other point, except for adjourning from day today, be determined, unless by the votes of a majority of the UnitedStates, in Congress assembled. 

The Congress of the United States shall have power to adjourn to anytime within the year, and to any place within the United States, so thatno period of adjournment be for a longer duration than the space of sixmonths, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or militaryoperations as in their judgment require secrecy; and the yeas and naysof the delegates of each State, on any question, shall be entered on thejournal when it is desired by any delegate; and the delegates of aState, or any of them, at his or their request, shall be furnished witha transcript of the said journal except such parts as are aboveexcepted, to lay before the Legislatures of the several States. 

ART. X. --The Committee of the States, or any nine of them, shall beauthorized to execute, in the recess of Congress, such of the powers ofCongress as the United States, in Congress assembled, by the consent ofnine States, shall, from time to time, think expedient to vest themwith; provided that no power be delegated to the said Committee, for theexercise of which, by the Articles of Confederation, the voice of nineStates in the Congress of the United States assembled is requisite. 

ART. XI. --Canada, acceding to this Confederation, and joining in themeasures of the United States shall be admitted into, and entitled toall the advantages of this Union; but no other colony shall be admittedinto the same, unless such admission be agreed to by nine States. 

ART. XII. --All bills of credit emitted, moneys borrowed, and debtscontracted by or under the authority of Congress, before the assemblingof the United States, in pursuance of the present Confederation, shallbe deemed and considered as a charge against the United States, forpayment and satisfaction whereof the said United States and the publicfaith are hereby solemnly pledged. 

ART. XIII. --Every State shall abide by the determinations of the UnitedStates, in Congress assembled, on all questions which by thisConfederation are submitted to them. And the Articles of thisConfederation shall be inviolably observed by every State, and the Unionshall be perpetual; nor shall any alteration at any time hereafter bemade in any of them, unless such alteration be agreed to in a Congressof the United States, and be afterwards confirmed by the Legislatures ofevery State. 

AND WHEREAS it hath pleased the great Governor of the world to inclinethe hearts of the Legislatures we respectively represent in Congress toapprove of, and to authorize us to ratify, the said Articles ofConfederation and perpetual Union, know ye, that we, the undersigneddelegates, by virtue of the power and authority to us given for thatpurpose, do, by these presents, in the name and in behalf of ourrespective constituents, fully and entirely ratify and confirm each andevery of the said Articles of Confederation and perpetual Union, and alland singular the matters and things therein contained. And we do furthersolemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, inCongress assembled, on all questions which by the said Confederation aresubmitted to them; and that the Articles thereof shall be inviolablyobserved by the States we respectively represent, and that the Unionshall be perpetual. In witness whereof, we have hereunto set our handsin Congress. Done at Philadelphia, in the State of Pennsylvania, theninth day of July, in the year of our Lord 1778, and in the third yearof the Independence of America. 

APPENDIX C. 

REFERENCE BOOKS. 

ALTON, _Among the Lawmakers_, Scribner. 

ASHLEY, _The American Federal States_, Macmillan. 

BREWER, _American Citizenship_, Scribner. 

BROOKS, _How the Republic is Governed_, Scribner. 

BRYCE, _The American Commonwealth_, Macmillan. 

BURGESS, _The Middle Period_, Scribner. 

_Century Book for Young Americans_, Century Co. 

CONKLING, _City Government in the United States_, Appleton. 

CURTIS, _The United States and Foreign Powers_, Scribner. 

DEVLIN, _Municipal Reform in the United States_, Putnam. 

DOLE, _Talks About Law_, Houghton Mifflin Co. 

DOLE, _Young Citizen_, Ginn. 

FISKE, _Civil Government in the United States_, Houghton Mifflin Co. 

FISKE, _Critical Period of American History_, Houghton Mifflin Co. 

HARRISON, _This Country of Ours_, Scribner. 

HART, _Formation of the Union_, Longmans, Green & Co. 

HILL, _Lessons for Junior Citizens_, Ginn & Co. 

HOLT, _Talks on Civics_, Macmillan. 

HOXIE, _How the People Rule_, Silver, Burdett & Co. 

MACY, _Our Government_, Ginn. 

MARRIOTT, _Uncle Sam's Business_, Harpers. 

Newspaper Almanacs. 

REINSCH, _Young Citizen's Reader_, Sanborn. 

ROBINSON, _Elementary Law_, Little, Brown & Co. 

SLOANE, _The French War and the Revolution_, Scribner. 

THWAITES, _The Colonies_, Longmans, Green & Co. 

WILSON, _Division and Reunion_, Longmans, Green & Co. 

INDEX

Administrative departments, city, Agriculture, department of, Alaska, Albany Congress, Amendments to the Constitution, Annapolis Convention, Annapolis Naval Academy, Appointment, President's power of, Apportionment of representatives, Appropriations by Congress, Army of the United States, Articles of Confederation, Bank, see National Banks. Bankruptcy laws, Bills in Congress, Bonds, National, Cabinet, Cabinet system of government, Capital, location of, Census of the United States, Charities, Circuit Courts of the United States, Citizenship, City government, Civil Service Reform, Coins and coinage, Colonial governments, Colonies made States, Commerce, department of, Commerce, power of Congress over, Committee on Rules, Committees of Correspondence, Committee system 'in Congress, Confederation, Articles of, see Articles of Confederation. Conference committees, Congress, Continental, under the Constitution, procedure in, sessions of, Constitutional Convention (1787), delegates to, compromisesConstitution of U. S. , amendments of, origin of, ratification, Consuls, Conventions, National, Copyright, County government, chap. County type of local government, Cuba, Debts of U. S. , Diplomatic bureaus, District courts of the U. S. , District of Columbia, Duties, customs, Electoral Commission, Electors, Presidential, England, Executive departments, Ex post facto laws, Federal republics, Finances, National, France, Franchises, Free coinage, Gerrymander, Gold certificates, Grand jury, _Habeas corpus_, Hawaii, Health, public, Homestead law, Immigration, Impeachment, Implied powers of Congress, Inauguration of President, Income taxes, Indians, Interior, department of, Internal revenue system, Interstate commerce law, Judiciary, National, Jurisdiction of U. S. Courts, Jury system, Justice, department of, Lands, public, Legal tender, definition, Lobby, Local government, Local government, origin, Mail matter, Mayor, Message, President's, Military powers of Congress, Militia, Monarchies, Money of the U. S. , Municipal government, ownership, National banks, Naturalization, Navy, department of, of the U. S. , New England colonies, Confederation, New Jersey plan, Nobility, titles of, Northwest Territory, Ordinance of 1787, Pairs, in voting, Pardons, Parish, Parliament of England, Patents, Philippines, government of, Poor, Porto Rico, government of, Post Office, department of, system, Presidential succession, President of U. S. , election of, Proportional representation, Public lands, Quorum in Congress, Railroads and interstate commerce, Reform movements, Representatives, apportionment of, election of, qualifications of, Reprieve, Revenue bills in Congress, Roads, Rural delivery of mail, Russia, Salaries of Congressmen, Senate of U. S. , Senators, qualifications of, election of, Silver certificates, Smuggling, Speaker of the House of Representatives, Spoils system, Stamp Act Congress, State, department of, Streets, Subsidiary silver, Supervisor system of local government, Supreme Court of U. S. , Survey, U. S. Government, Switzerland, Tariff, Taxation, National, Taxes, direct and indirect, Territorial delegates, Territories, Territory, admission of, Town type of local government, township-county type, Treasury, department of, Treasury notes, Treaties, Trusts, Union, steps leading to, United States notes, Vacancies, in House of Representatives, in Senate, Vestry, Veto, Vice-president of U. S. , Virginia local government, Virginia plan, Voting, methods in Congress, War, declaration of, department of, Yeas and nays, THE GOVERNMENT

OF IDAHO

By

J. T. Worlton

Superintendent of Schools, Sugar City

Copyright, 1907, By

Charles Scribner's Sons

CONTENTS. 

HISTORICALFORM OF GOVERNMENTDEPARTMENTS OF GOVERNMENTSCHOOLSTHE GOVERNMENT OF IDAHO. HISTORICAL. 

The country out of which Idaho was created, known as a part of theOregon Country, was acquired by treaty with England in 1846. Long beforethis date, however, trappers, hunters, explorers, and sturdy pioneershad found their way across the Rocky Mountains into the fertile valleysdrained by the tributaries of the Columbia. 

The earliest white men in this region were undoubtedly the half-breedFrench-Canadian voyageurs and the trappers of the Hudson Bay Company, who opened the trails through all the great wilderness of the PacificNorthwest; but the honor of revealing to the world the first impressionsof the natural beauty and boundless resources of this new country westof the Rockies rests with Lewis and Clark, who crossed the State ontheir voyage of exploration and discovery in August, 1805. They foundthe Indians in possession of articles of European manufacture which hadbeen obtained from the trappers of the Hudson Bay Company. 

The first white settlement in Idaho of which we have record wasestablished in 1834 at Fort Hall, Bannock County. This fort wasimportant in early Idaho history, being at the crossing of theMissouri-Oregon and the Utah-Canadian trails. 

Fort Boise, established in 1836 near the junction of the Snake andBoise rivers, was a rendezvous for thousands of Indians, who gatheredfrom all the country between the Pacific coast and the head waters ofthe Missouri River to trade and barter in horses, furs, and articles ofadornment. 

The discovery of gold in 1860 at a point on the Clear Water River innorthern Idaho was followed by a vast immigration to that section; thisled to the discovery of gold in other parts of the territory, and soonthe placer mines in the vicinity of Boise and other places weredeveloped. 

The territory of Idaho, comprising what is now Montana, Wyoming, andIdaho, was organized by the Federal Government, March 3, 1863, andLewiston was made the temporary capital of the territory. 

The placer mines of the Boise Basin proved richer than those of thenorth, and the bulk of the population rapidly drifted southward. Thisshifting of population caused the removal of the State capital to itspresent location at Boise in 1864. 

By an act of Congress creating the territories of Montana and Wyoming, Idaho was reduced to its present boundaries in 1868. 

On July 3, 1890, Idaho passed from a territorial form of government tothat of a state, being the forty-third State to join the great FederalUnion. Since that time her growth and development have been continuousand rapid. 

Mining, lumbering, manufacturing, and agricultural pursuits are theprincipal resources of the State. 

FORM OF GOVERNMENT. 

The Constitution of the State of Idaho, like those of the other statesin the Union, is modeled after the Constitution of the United States. Itcontains:

A Preamble, setting forth the purposes of the Constitution. 

A Declaration, called the Bill of Rights, containing twenty-onesections. 

Provision for dividing the powers of government into three departments. 

Articles relating to taxation, suffrage, public schools, corporations, militia, immigration, labor, amendments, and other public affairs. 

Preamble. --"We, the people of the State of Idaho, grateful toAlmighty God for our freedom, to secure its blessings and promote ourcommon welfare, do establish this constitution. "

Declaration of Rights. --The Bill of Rights is a declaration ofprivileges retained by the people, which the departments of governmentare expressly prohibited from invading. The most important provisions inthe Bill of Rights may be classed under the following headings:democratic principles; personal security; private property; freedom ofreligion, speech, and of the press; and security against militarytyranny. 

Democratic Principles. --All men are equal before the law, and areprotected in the enjoyment of life, property, and the pursuit ofhappiness. 

All power is inherent in the people. 

Personal Security. --The people have the right to bear arms fortheir safety and defense, but this privilege is regulated by appropriatelegislation. 

The people shall be secure in their persons, houses, papers, and otherpossessions against unreasonable searches and seizures. 

There shall be no imprisonment for debt except in cases of fraud. 

Private Property. --Private property shall not be taken for public useexcept a necessity therefore exists, and then only after justcompensation has been paid. 

Religion. --The free exercise and enjoyment of religious faith andworship shall forever be guaranteed. 

No religious test shall be required for holding public office. 

Freedom of Speech and of the Press. --Every person may freely speak, write, and publish on any subject, but he is held responsible for theabuse of that liberty, Freedom of Meeting. --The people shall have the right to assembleand consult for their common good, and may petition the Legislature forredress of grievances. 

Security Against Military Tyranny. --Soldiers shall not be quarteredin private houses in times of peace without the consent of the owner, nor in times of war except as the law may provide. 

It will be seen from the above that the State government as well as theNational is planned on the accepted fact that all power originates withthe people. In America the people have the divine right to rule. Thepeople possess all rights which they have not expressly given to thegovernment. The Bill of Rights which we have discussed is therefore adouble safeguard which the people have thrown about their sacredinalienable rights. 

DEPARTMENTS OF GOVERNMENT. 

Government consists essentially in making, judging, and enforcing thelaws. In absolute monarchical forms of government, of which Russia andTurkey are examples, these three departments are vested in the samehead; but in republics and limited monarchies the law-making, law-judging, and law-enforcing powers are separated. History has provedthat the separation of these three powers of government is mostsatisfactory for an enlightened people. 

Legislative Department. --The legislative or law-making power of theState is vested in a Legislature which is composed of a Senate and aHouse of Representatives. The sessions of the two houses are open to thepublic and each house keeps a journal of its proceedings in which isrecorded the yea and nay votes on any question at the request of anythree members. 

Qualifications of Members. --The qualifications of a senator orrepresentative in the State of Idaho are the same. He must be a citizenof the United States, an elector of the State, and he must have been anelector for at least one year next preceding his election in the countyfrom which he is chosen. 

Sessions. --The Legislature meets biennially at the State Capital, commencing on the first Monday after the first day of January in the oddyears. Special sessions of the Legislature may be called by the Governorwhen he deems it necessary. No special session shall continue for morethan twenty days. 

The compensation of our legislators is five dollars per day, with anallowance of ten cents per mile going to and returning from the place ofmeeting. 

Privileges. --Members of the State Legislature are not liable to anycivil process during the session of the Legislature nor during the tendays next preceding the same. They are privileged from arrest during thesame time in all cases except treason, felony, or breach of the peace. They cannot be legally called to account for anything said in debateduring the session of the Legislature. 

Senate. --According to the State Constitution the membership of theSenate is limited to twenty-four members. Each county is a senatorialdistrict. 

The term of office is two years and begins on the first day of Decemberfollowing the election. The Senate adopts its own rules of governmentand elects its own officers, with the exception of its president, whois the Lieutenant-Governor ex-officio. In case the Lieutenant-Governorassumes the duties of Governor, the Senate elects its presiding officer. All State officers appointed by the Governor are subject to the approvalof the Senate. If the Senate is not in session when the appointment ismade, such person shall discharge the duties of the office until thenext session of the Senate. In the case of impeachment of State officersthe Senate is the court. A majority of the senators is a quorum for thetrial of impeachment, and a two-thirds vote is necessary for conviction. In case of conviction the penalty does not extend further than removalfrom office, but such person may be tried in the civil courts as otherlawbreakers. 

House of Representatives. --The House of Representatives is a morenumerous body than the Senate. The members are elected for the same timeand for the same term as the senators. The House of Representatives haspower to choose all its officers. The special powers exercised by theHouse of Representatives are: originating bills for raising revenue andmaking appropriations, and in impeaching State officers. 

Executive Department. --After the laws are made it becomes necessaryto designate some one to see that they are enforced. The legislatorsmake the laws, and it remains for the officers in the ExecutiveDepartment to see that the laws are enforced. 

The Executive Department consists of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, and Superintendent of Public Instruction, all of whom hold their officesfor two years, beginning on the first Monday in January next after theirelection. 

Qualifications. --No person is eligible to the office of Governor, Lieutenant-Governor, or Attorney General unless he has attained the ageof thirty years, nor to the other executive offices unless he istwenty-five years of age. The Constitution provides that all theexecutive officers shall be citizens of the United States and shall haveresided in the State two years next preceding their election, and thatthe Attorney General must have been admitted to practice in the SupremeCourt of the State. 

Governor. --The Governor is commander-in-chief of the militaryforces of the State and may call out the entire State militia to aid inthe enforcement of the law. He may require in writing from the officersof the Executive Department information upon any subject relating totheir respective departments. 

All acts passed by the State Legislature are presented to the Governorfor his approval and signature. If he signs a bill it becomes law; if hedisapproves it, he returns it to the house in which it originated, withhis objections, which are entered on the journal of that house. The billis then reconsidered, and if approved by a two-thirds majority is sentwith the Governor's objections to the other house, which alsoreconsiders it, and if approved by a two-thirds vote in that house itbecomes a law over the Governor's objections. 

If the Governor fails to return a bill to the Legislature within fivedays (Sunday or adjournment excepted) it becomes a law without hissignature. 

If the Governor disapproves a bill and the adjournment of theLegislature prevents its return, he must file it with his objections inthe office of the Secretary of State within ten days after suchadjournment; otherwise it becomes a law. 

The Governor, by and with the consent of the Senate, appoints members tofill vacancies which may occur by death, resignation, or otherwise inthe State offices. He also has the power to make appointments to alloffices whose appointment or election is not otherwise provided for. 

Lieutenant-Governor. --The Lieutenant-Governor is the only executiveofficer whose residence at the State Capital is not required by law. Incase of a vacancy in the office of Governor by death, resignation, orotherwise, the Lieutenant-Governor becomes Governor and takes up hisresidence at the State Capital. The only duty of theLieutenant-Governor, when not called upon to act as Governor, is that ofpresiding officer of the Senate. 

Secretary of State. --The Secretary of State is the custodian of TheGreat Seal of the State of Idaho, and all State papers. He records theproceedings and acts of the Legislature and also of the executivedepartments of the State government. He is a member of the Board ofPardons, of the Board of State Prison Commissioners, and of the StateLand Board. 

Auditor. --The Auditor is the financial guardian of the State. Heis a member of the auditing committee which passes on all claims againstthe State. The Auditor receives all moneys paid the State, and depositsthe same with the State Treasurer, taking receipt therefore. Money ispaid out of the treasury only by warrant issued by the Auditor. 

The Auditor makes a regular report of the financial condition of theState. 

Treasurer. --The Treasurer, who is under heavy bonds for theperformance of his duties, is the custodian of the funds of the State. He receives the State's revenues from the Auditor and pays out moneyonly by warrant issued by the Auditor. 

Attorney General. --The Attorney General is the legal adviser of theState officers and acts as attorney for the State in all cases in whichthe State is a party. He represents the State in all its legal business. His office is one of dignity and responsibility. 

Superintendent of Public Instruction. --The Superintendent of PublicInstruction has charge of the public-school system of the State. Heprepares all examination questions used by the County Superintendents ofthe State and prescribes rules and regulations for conducting suchexaminations. It is his duty to meet with the County Superintendentsfrom time to time to discuss questions for the general welfare of thepublic schools of the State. He is an ex-officio member of the Board ofTrustees of the Lewiston and Albion Normal Schools, the Academy ofIdaho, the State Industrial School, and the State Land Board. 

Judicial Department. --It is the special function of the JudicialDepartment to interpret and explain the laws. The judicial power isvested in a court for trial of impeachments, a supreme court, districtcourts, probate courts, courts of justices of the peace, and municipalcourts. 

The court for the trial of impeachments is the State Senate, whosefunctions as a court of justice are outlined under the head ofLegislative Department. 

The Supreme Court. --The Supreme Court is composed of three judgeselected from the State at large for a term of six years. It is soarranged that one judge goes out of office each two years, thus leavinga majority of members at all times with over two years' experience inoffice. 

The Supreme Court has jurisdiction both original and appellate. Itsoriginal jurisdiction consists in issuing writs of mandamus, certiorari, prohibition, and habeas corpus. Its appellate jurisdiction extends topractically all cases tried in the lower courts. 

The Constitution requires the Supreme Court to hold annually at leastfour terms of court: two at Boise, the capital, and two at Lewiston. 

The compensation allowed justices of the Supreme Court is four thousanddollars per year, but they are not permitted to hold any other publicoffice during the term for which they are elected. 

The District Court. --It is in the District Court that the greatbody of criminal cases are disposed of. This court has originaljurisdiction in all cases arising in the district, and its appellatejurisdiction includes all cases which may be appealed to it from theprobate or justice courts. 

The State of Idaho is divided into six judicial districts. The DistrictCourt is presided over by a judge whose legal qualifications do notdiffer materially from those of the justices of the Supreme Court. Twoterms of court must be held in each county of the district annually, andspecial sessions may be held at the option of the judge. The judge mustlive in the district for which he is elected, but may try cases in anycounty of the State at the request of the judge of the District Courtthereof who may be disqualified because of his personal or pecuniaryinterest in the case. The salary paid the judge of the District Court isthree thousand dollars per year. 

Probate Courts. --The Probate Court is essentially a court of recordand has original jurisdiction in all matters of probate. It is in thiscourt that settlement is made of the estate of deceased persons and thatguardians are appointed. The Probate Court may try all civil caseswherein the debt or damage claimed does not exceed five hundred dollars;its jurisdiction in criminal cases is concurrent with that of justicesof the peace. 

Court of Justice of the Peace. --Every county is divided intoprecincts, in each one of which there is a Justice of the Peace. He hasjurisdiction in all civil cases arising in his district wherein theamount in consideration is not more than three hundred dollars and incases classed as misdemeanors. 

There are also police courts in cities for the trial of the violators ofthe city ordinances. The presiding officers of such courts are calledpolice judges. 

Amendments. --Amendments to the Constitution may be submitted in twoways: first, by being proposed by two-thirds of both houses of theLegislature; second, by being proposed by a convention called for thatpurpose. 

The amendment thus submitted must be approved by the people at a popularelection. 

SCHOOLS. 

The State of Idaho supports the following educational institutions:State University, State Normal Schools at Lewiston and Albion, Academyof Idaho at Pocatello, and the Industrial School at St. Anthony. Each ofthese institutions is governed by a board of trustees appointed by theGovernor for a term of years. The boards have the general management ofthe schools. They build and furnish school buildings, employ and dismissteachers and employees, prescribe the course of study and the conditionsunder which students are admitted to the respective institutions. 

The Governor is kept well informed on the conditions of the variousinstitutions by regular reports which he requires of the several boardsof trustees. The reports set forth a detailed account of allexpenditures for the two years just closing and make an estimate of theamount of funds needed for the maintenance of the institution for twoyears hence. 

Each school is supported by biennial appropriations made by the StateLegislature and by funds received as interest on money derived from thesale of public lands set aside by the State or National Government fortheir use. 

The amount of land set aside for the use of the State educationalinstitutions is as follows: State University, including School ofScience and Agricultural College, 286, 000 acres; Lewiston Normal, 50, 000acres; Albion Normal, 50, 000 acres; Academy of Idaho, 40, 000 acres;Industrial Reform School, 40, 000 acres. 

The State University at Moscow stands at the head of the educationalinstitutions of the State. There are three principal departments in theuniversity. In the Department of Letters and Sciences the courses leadto degrees of Bachelor of Arts, Bachelor of Science, and Bachelor ofMusic. In the Department of Agriculture the course leads to a degree ofBachelor of Science in Agriculture. In connection with the AgriculturalCourse is kept a model farm of one hundred acres and an experimentstation in which laboratories are provided for soil physics, chemistry, entomology, and botany. In the Department of Applied Science courses aregiven in civil engineering, mining engineering, and in electrical andmechanical engineering. 

The University was established at Moscow by special act of theTerritorial Legislature in 1889, and since that date it has had asplendid growth. It is well equipped in apparatus necessary for thepursuit of the courses given. 

The State Normal Schools. --As an evidence of the fact that the framersof our State government had in mind a liberal education for the youth ofour State 100, 000 acres of public land was set apart for the maintenanceof normal schools, with the provision that none of this land must besold for less than ten dollars per acre. 

The second State Legislature established in 1893 two State NormalSchools, one at Lewiston and one at Albion. The purpose of theseschools, as set forth in the acts which created them, is to educate andtrain teachers in the art of teaching and governing in the publicschools of the State. 

Idaho, although one of the youngest states in the Union, ranks high inher educational facilities, and the Normal Training Schools have beenvery influential in bringing about these results. 

The Lewiston State Normal is empowered to grant certificates to itsstudents to teach in Idaho. These certificates are:

A. Elementary Certificates, good for one year. 

B. Secondary Certificates, good for five years. 

C. Diplomas, good for life. 

Until recently the Albion State Normal School has issued only three-yearcertificates on graduation, and life diplomas only after twelve months'successful teaching. On April 24, 1907, the Board of Trustees of theAlbion State Normal passed a resolution, providing that the regularcourse be lengthened to five years, and that life diplomas may begranted to graduates who have taught successfully for five months. 

Academy of Idaho. --The Academy of Idaho is located at Pocatello. Thepurpose of this school, as set forth in Section 980 of the School Lawsof Idaho, is to teach those subjects usually taught in academic andbusiness courses and to give instructions pertaining to a good commonschool education. 

Each department is well equipped with the latest devices for furtheringthe work of the pupils. The students have free access to the largelibrary and reading room of the institution. 

The requirements for admission to the Academy of Idaho are much the sameas those of the normal schools; the applicant must show either bycertificate or examination that he is able to follow successfully thecourse which he elects. No tuition is charged residents of Idaho, andpupils from other states are admitted to all the privileges of theAcademy by payment of a reasonable tuition. 

The Industrial Reform School--The Industrial Reform School wasestablished in 1903 at St. Anthony, Fremont County. The purpose of thisschool, as set forth in the act which created it, is "for the care, protection, training, and education of delinquent, dependent, andneglected children, and, [to] provide for the care, control, anddischarge of juvenile offenders. " In addition to the income receivedfrom the 40, 000 acres of land set aside for its maintenance, theinstitution is supported by regular appropriations by the StateLegislature. 

A farm of two hundred acres, maintained in connection with the school, is equipped with necessary agricultural implements, vehicles, horses, cattle, hogs, poultry, etc. 

The Idaho Industrial Training School is not a place of punishment, but aschool in which the physical, mental, and moral education of the childis systematically looked after. It is the plan to have the childrenleave the institution with a good common school education, with goodhabits, and in fact with every requisite for good citizenship. 

Idaho Insane Asylum. --The Idaho Insane Asylum is located at thecity of Blackfoot on a tract of land comprising twenty-one hundredacres. A large part of this farm is under cultivation and forms animportant source of supplies for the institution. In connection with thefarm is maintained a large dairy herd, horses, sheep, hogs, and poultry. A well-kept garden of thirty acres furnishes all the vegetables neededby the inmates and employees of the institution. Most of the work donein connection with the farm, garden, dairy, etc. , is done by theinmates. The climate, the water supply, and the general surroundings areespecially healthful, as is shown by the medical superintendent, whosays, in his report of 1906: "There is not a single case of that bane ofasylum existence--tuberculosis--among them. This is undoubtedly due tothe climatic conditions here rather than anything else. "

A branch asylum was located at Orifino in 1905. 

Idaho State Penitentiary. --The Idaho State Penitentiary is locatedat Boise and is the only penal institution in the State. There aretwenty-five buildings in all that are used by and belong to theinstitution, nearly all of which have been erected since Idaho became astate. These buildings are located on a tract of five hundred and twentyacres of land just east of the city. About eighty acres of land undercultivation are under the management of the institution and all thelabor is done by the convicts. The penitentiary maintains a mostexcellent library which is free to all the prisoners. 

The prisoners are governed largely on the theory that "Nothing so begetsvice as idleness. " During the last few years the convict labor has beenengaged on the farm, in quarrying rock for the buildings of theinstitution, in erecting a new cell house and a woman's ward, and indigging and walling up a large well which has given an abundant supplyof pure water. Thus the institution is put as far as possible on aself-sustaining basis. 

Soldiers' Home. --The Soldiers' Home was established by the StateLegislature in 1893 and located on a tract of forty acres of land aboutthree miles west of Boise in Ada County. The purpose of the institution, as suggested by its name, is to provide a comfortable home for thehonorably discharged soldiers, sailors, and marines who served in theMexican, the Civil, or the Spanish-American wars; or for any member ofthe State National Guard disabled while on duty. 

The home here provided for the old veterans is surrounded by allconveniences necessary to make their declining years pleasant andcomfortable. The rooms are heated by steam and lighted with electricity, and they have a bountiful supply of wholesome food. A hospital ismaintained in connection with the institution, and the inmates have theconstant care of a skilled physician if necessary. 

It is the aim of the institution to be as nearly self-supporting aspossible; regular appropriations for its maintenance are received fromthe State and National Governments in about equal proportions.