,,civil ,,government ,,in ,,the ,,united ,,states ,,considered ,,with ,,some ,,reference ,,to ,,its ,,origins ,,by ,,john ,,fiske ,greek3 ,aissomai pai ,zaevos ,heleutheroiu1 ,imeran eurnsthene amphipolei1 ,soteira ,tucha tiv gar en ponto kubernontai thoai naes1 en cherso te laipsaeroi polemoi kagorai boulaphoroi4 ,,pindar1 ,olymp4 xii4 ,thou1 too1 sail on1 ,o ,ship of ,state6 ,sail on1 ,o ,union1 strong and great6444 ,our hearts1 our hopes1 are all with thee4 ,our hearts1 our hopes1 our prayers1 our tears1 ,our faith triumphant o'er our fears1 ,are all with thee1--are all with thee6 ,,longfellow4 #ahij ,,by ,,john ,,fiske4 ,dedication ,this little book is dedicated1 with the author's best wishes and sincere regard1 to the many hundreds of young friends whom he has found it so pleasant to meet in years past1 and also to those whom he looks forward to meeting in years to come1 in studies and readings upon the rich and fruitful history of our beloved country4 ,,preface4 ,some time ago1 my friends1 ,messrs4 ,houghton1 ,mifflin ,co41 requested me to write a small book on ,civil ,government in the ,united ,states1 which might be useful as a text-book1 and at the same time serviceable and suggestive to the general reader interested in ,american history4 ,in preparing the book certain points have been kept especially in view1 and deserve some mention here4 ,it seemed desirable to adopt a historical method of exposition1 not simply describing our political institutions in their present shape1 but pointing out their origin1 indicating some of the processes through which they have acquired that present shape1 and thus keeping before the student's mind the fact that government is perpetually undergoing modifications in adapting itself to new conditions4 ,inasmuch as such gradual changes in government do not make themselves1 but are made by men--and made either for better or for worse--it is obvious that the history of political institutions has serious lessons to teach us4 ,the student should as soon as possible come to understand that every institution is the outgrowth of experiences4 ,one probably gets but little benefit from abstract definitions and axioms concerning the rights of men and the nature of civil society1 such as we often find at the beginning of books on government4 ,metaphysical generalizations are well enough in their place1 but to start with such things--as the ,french philosophers of the eighteenth century were fond of doing--is to get the cart before the horse4 ,it is better to have our story first1 and thus find out what government in its concrete reality has been1 and is4 ,then we may finish up with the metaphysics1 or do as ,i have done--leave it for somebody else4 ,i was advised to avoid the extremely systematic1 intrusively symmetrical1 style of exposition1 which is sometimes deemed indispensable in a book of this sort4 ,it was thought that students would be more likely to become interested in the subject if it were treated in the same informal manner into which one naturally falls in giving lectures to young people4 ,i have endeavoured to bear this in mind without sacrificing that lucidity in the arrangement of topics which is always the supreme consideration4 ,for many years ,i have been in the habit of lecturing on history to college students in different parts of the ,united ,states1 to young ladies in private schools1 and occasionally to the pupils in high and normal schools1 and in writing this little book ,i have imagined an audience of these earnest and intelligent young friends gathered before me4 ,i was especially advised--by my friend1 ,mr4 ,james ,mac,alister1 superintendent of schools in ,philadelphia1 for whose judgment ,i have the highest respect--to make it a little book1 less than three hundred pages in length1 if possible4 ,teachers and pupils do not have time enough to deal properly with large treatises4 ,brevity1 therefore1 is golden4 ,a concise manual is the desideratum1 touching lightly upon the various points1 bringing out their relationships distinctly1 and referring to more elaborate treatises1 monographs1 and documents1 for the use of those who wish to pursue the study at greater length4 ,within limits thus restricted1 it will probably seem strange to some that so much space is given to the treatment of local institutions1--comprising the governments of town1 county1 and city4 ,it may be observed1 by the way1 that some persons apparently conceive of the state also as a local institution4 ,in a recent review of ,professor ,howard's admirable ,local ,constitutional ,history of the ,united ,states1 we read1 the first volume1 which is all that is yet published1 treats of the development of the township1 hundred1 and shire2 the second volume1 we suppose1 being designed to treat of the ,state ,constitutions4 ,the reviewer forgets that there is such a subject as the development of the city and local magistracies 7which is to be the subject of that second volume71 and lets us see that in his apprehension the ,american state is an institution of the same order as the town and county4 ,we can thus readily assent when we are told that many youth have grown to manhood with so little appreciation of the political importance of the state as to believe it nothing more than a geographical division4#a ,in its historic genesis1 the ,american state is not an institution of the same order as the town and county1 nor has it as yet become depressed or mediatized to that degree4 ,the state1 while it does not possess such attributes of sovereignty as were by our ,federal ,constitution granted to the ,united ,states1 does1 nevertheless1 possess many very important and essential characteristics of a sovereign body1 as is here pointed out on pages #agb-agg4 ,the study of our state governments is inextricably wrapped up with the study of our national government1 in such wise that both are parts of one subject1 which cannot be understood unless both parts are studied4 ,whether in the course of our country's future development we shall ever arrive at a stage in which this is not the case1 must be left for future events to determine4 ,but1 if we ever do arrive at such a stage1 ,american institutions will present a very different aspect from those with which we are now familiar1 and which we have always been accustomed 7even1 perhaps1 without always understanding them7 to admire4 ,footnote #a3 ,young's ,government ,class ,book1 p4 iv4 ,the study of local government properly includes town1 county1 and city4 ,to this part of the subject ,i have devoted about half of my limited space1 quite unheedful of the warning which ,i find in the preface of a certain popular text-book1 that to learn the duties of town1 city1 and county officers1 has nothing whatever to do with the grand and noble subject of ,civil ,government1 and that to attempt class drill on petty town and county offices1 would be simply burlesque of the whole subject4 ,but1 suppose one were to say1 with an air of ineffable scorn1 that petty experiments on terrestrial gravitation and radiant heat1 such as can be made with commonplace pendulums and tea-kettles1 have nothing whatever to do with the grand and noble subject of ,physical ,astronomy6 ,science would not have got very far on that plan1 ,i fancy4 ,the truth is1 that science1 while it is perpetually dealing with questions of magnitude1 and knows very well what is large and what is small1 knows nothing whatever of any such distinction as that between things that are grand and things that are petty4 ,when we try to study things in a scientific spirit1 to learn their modes of genesis and their present aspects1 in order that we may foresee their tendencies1 and make our volitions count for something in modifying them1 there is nothing which we may safely disregard as trivial4 ,this is true of whatever we can study2 it is eminently true of the history of institutions4 ,government is not a royal mystery1 to be shut off1 like old ,deiokes1#b by a sevenfold wall from the ordinary business of life4 ,questions of civil government are practical business questions1 the principles of which are as often and as forcibly illustrated in a city council or a county board of supervisors1 as in the ,house of ,representatives at ,washington4 ,it is partly because too many of our citizens fail to realize that local government is a worthy study1 that we find it making so much trouble for us4 ,the bummers and boodlers do not find the subject beneath their notice2 the ,master who inspires them is wide awake and--for a creature that divides the hoof--extremely intelligent4 ,footnote #b3 ,herodotus1 i4 #ih4 ,it is1 moreover1 the mental training gained through contact with local government that enables the people of a community to conduct successfully1 through their representatives1 the government of the state and the nation4 ,and so it makes a great deal of difference whether the government of a town or county is of one sort or another4 ,if the average character of our local governments for the past quarter of a century had been quite as high as that of the ,boston town-meeting or the ,virginia boards of county magistrates1 in the days of ,samuel ,adams and ,patrick ,henry1 who can doubt that many an airy demagogue1 who1 through session after session1 has played his pranks at the national capital1 would long ago have been abruptly recalled to his native heath1 a sadder if not a wiser man8 ,we cannot expect the nature of the aggregate to be much better than the average natures of its units4 ,one may hear people gravely discussing the difference between ,frenchmen and ,englishmen in political efficiency1 and resorting to assumed ethnological causes to explain it1 when1 very likely1 to save their lives they could not describe the difference between a ,french commune and an ,english parish4 ,to comprehend the interesting contrasts between ,gambetta in the ,chamber of ,deputies1 and ,gladstone in the ,house of ,commons1 one should begin with a historical inquiry into the causes1 operating through forty generations1 which have frittered away self-government in the rural districts and small towns of ,france1 until there is very little left4 ,if things in ,america ever come to such a pass that the city council of ,cambridge must ask ,congress each year how much money it can be allowed to spend for municipal purposes1 while the mayor of ,cambridge holds his office subject to removal by the ,president of the ,united ,states1 we may safely predict further extensive changes in the character of the ,american people and their government4 ,it was not for nothing that our profoundest political thinker1 ,thomas ,jefferson1 attached so much importance to the study of the township4 ,in determining the order of exposition1 ,i have placed local government first1 beginning with the township as the simplest unit4 ,it is well to try to understand what is near and simple1 before dealing with what is remote and complex4 ,in teaching geography with maps1 it is wise to get the pupil interested in the streets of his own town1 the country roads running out of it1 and the neighbouring hills and streams1 before burdening his attention with the topographical details of ,borrioboola ,gha4 ,to study grand generalizations about government1 before attending to such of its features as come most directly before us1 is to run the risk of achieving a result like that attained by the ,new ,hampshire school-boy1 who had studied geology in a text-book1 but was not aware that he had ever set eyes upon an igneous rock4 ,after the township1 naturally comes the county4 ,the city1 as is here shown1 is not simply a larger town1 but is much more complex in organization4 ,historically1 many cities have been1 or still are1 equivalent to counties2 and the development of the county must be studied before we can understand that of the city4 ,it has been briefly indicated how these forms of local government grew up in ,england1 and how they have become variously modified in adapting themselves to different social conditions in different parts of the ,united ,states4 ,next in order come the general governments1 those which possess and exert1 in one way or another1 attributes of sovereignty4 ,first1 the various colonial governments have been considered1 and some features of their metamorphosis into our modern state governments have been described4 ,in the course of this study1 our attention is called to the most original and striking feature of the development of civil government upon ,american soil1--the written constitution1 with the accompanying power of the courts in certain cases to annul the acts of the legislature4 ,this is not only the most original feature of our government1 but it is in some respects the most important4 ,without the ,supreme ,court1 it is not likely that the ,federal ,union could have been held together1 since ,congress has now and then passed an act which the people in some of the states have regarded as unconstitutional and tyrannical2 and in the absence of a judicial method of settling such questions1 the only available remedy would have been nullification4 ,i have devoted a brief chapter to the origin and development of written constitutions1 and the connection of our colonial charters therewith4 ,lastly1 we come to the completed structure1 the ,federal ,union2 and by this time we have examined so many points in the general theory of ,american government1 that our ,federal ,constitution can be more concisely described1 and 7,i believe7 more quickly understood1 than if we had made it the subject of the first chapter instead of the last4 ,in conclusion1 there have been added a few brief hints and suggestions with reference to our political history4 ,these remarks have been intentionally limited4 ,it is no part of the purpose of this book to give an account of the doings of political parties under the ,constitution4 ,but its study may fitly be supplemented by that of ,professor ,alexander ,johnston's ,history of ,american ,politics4 ,this arrangement not only proceeds from the simpler forms of government to the more complex1 but it follows the historical order of development4 ,from time immemorial1 and down into the lowest strata of savagery that have come within our ken1 there have been clans and tribes2 and1 as is here shown1 a township was originally a stationary clan1 and a county was originally a stationary tribe4 ,there were townships and counties 7or equivalent forms of organization7 before there were cities4 ,in like manner there were townships1 counties1 and cities long before there was anything in the world that could properly be called a state4 ,i have remarked below upon the way in which ,english shires coalesced into little states1 and in course of time the ,english nation was formed by the union of such little states1 which lost their statehood 7i4e41 their functions of sovereignty1 though not their self-government within certain limits7 in the process4 ,finally1 in ,america1 we see an enormous nationality formed by the federation of states which partially retain their statehood2 and some of these states are themselves of national dimensions1 as1 for example1 ,new ,york1 which is nearly equal in area1 quite equal in population1 and far superior in wealth1 to ,shakespeare's ,england4 ,in studying the local institutions of our different states1 ,i have been greatly helped by the ,johns ,hopkins ,university ,studies in ,history and ,politics1 of which the eighth annual series is now in course of publication4 ,in the course of the pages below ,i have frequent occasion to acknowledge my indebtedness to these learned and sometimes profoundly suggestive monographs2 but ,i cannot leave the subject without a special word of gratitude to my friend1 ,dr4 ,herbert ,adams1 the editor of the series1 for the noble work which he is doing in promoting the study of ,american history4 ,it had always seemed to me that the mere existence of printed questions in text-books proves that the publishers must have rather a poor opinion of the average intelligence of teachers2 and it also seemed as if the practical effect of such questions must often be to make the exercise of recitation more mechanical for both teachers and pupils1 and to encourage the besetting sin of learning by heart4 ,nevertheless1 there are usually two sides to a case2 and1 in deference to the prevailing custom1 for which1 no doubt1 there is much to be said1 full sets of questions have been appended to each chapter and section4 ,it seemed desirable that such questions should be prepared by some one especially familiar with the use of school-books2 and for these ,i have to thank ,mr4 ,f4,a4 ,hill1 ,head ,master of the ,cambridge ,english ,high ,school4 ,i confess that ,mr4 ,hill's questions have considerably modified my opinion as to the merits of such apparatus4 ,they seem to add very materially to the usefulness of the book4 ,it will be observed that there are two sets of these questions1 entirely distinct in character and purpose4 ,the first set--,questions on the ,text--is appended to each section1 so as to be as near the text as possible4 ,these questions furnish an excellent topical analysis of the text4#c ,in a certain sense they ask what the book says1 but the teacher is advised emphatically to discourage any such thing as committing the text to memory4 ,the tendency to rote-learning is very strong4 ,i had to contend with it in teaching history to seniors at ,harvard twenty years ago1 but much has since been done to check it through the development of the modern ,german seminary methods4 7,for an explanation of these methods1 see ,dr4 ,herbert ,adams on ,seminary ,libraries and ,university ,extension1 ,j4,h4,u4 ,studies1 ,v41 xi47 ,with younger students the tendency is of course stronger4 ,it is only through much exercise that the mind learns how to let itself--as ,matthew ,arnold used to say--play freely about the facts4 ,footnote #c3 ,this1 says ,mr4 ,hill1 will please those who prefer the topical method1 while it does not forbid the easy transformation of topics to questions1 which others may demand4 ,in the table of contents ,i have made a pretty full topical analysis of the book1 which may prove useful for comparison with ,mr4 ,hill's4 ,in order to supply the pupil with some wholesome exercise of this sort1 ,mr4 ,hill has added1 at the end of each chapter1 a set of ,suggestive ,questions and ,directions4 ,here he has thoroughly divined the purpose of the book and done much to further it4 ,problems or cases are suggested for the student to consider1 and questions are asked which cannot be disposed of by a direct appeal to the text4 ,sometimes the questions go quite outside of the text1 and relate to topics concerning which it provides no information whatever4 ,this has been done with a purpose4 ,the pupil should learn how to go outside of the book and gather from scattered sources information concerning questions that the book suggests4 ,in other words1 he should begin to learn how to make researches1 for that is coming to be one of the useful arts1 not merely for scholars1 but for men and women in many sorts of avocations4 ,it is always useful1 as well as ennobling1 to be able to trace knowledge to its sources4 ,work of this sort involves more or less conference and discussion among classmates1 and calls for active aid from the teacher2 and if the teacher does not at first feel at home in these methods1 practice will nevertheless bring familiarity1 and will prove most wholesome training4 ,for the aid of teachers and pupils1 as well as of the general reader who wishes to pursue the subject1 ,i have added a bibliographical note at the end of each chapter1 immediately after ,mr4 ,hill's ,suggestive ,questions and ,directions4 ,this particular purpose in my book must be carefully borne in mind4 ,it explains the omission of many details which some text-books on the same subject would be sure to include4 ,to make a manual complete and self-sufficing is precisely what ,i have not intended4 ,the book is designed to be suggestive and stimulating1 to leave the reader with scant information on some points1 to make him 7as ,mr4 ,samuel ,weller says7 vish there wos more1 and to show him how to go on by himself4 ,i am well aware that1 in making an experiment in this somewhat new direction1 nothing is easier than to fall into errors of judgment4 ,i can hardly suppose that this book is free from such errors2 but if in spite thereof it shall turn out to be in any way helpful in bringing the knowledge and use of the ,german seminary method into our higher schools1 ,i shall be more than satisfied4 ,just here1 let me say to young people in all parts of our country3--,if you have not already done so1 it would be well worth while for you to organize a debating society in your town or village1 for the discussion of such historical and practical questions relating to the government of the ,united ,states as are suggested in the course of this book4 ,once started1 there need be no end of interesting and profitable subjects for discussion4 ,as a further guide to the books you need in studying such subjects1 use ,mr4 ,w4,e4 ,foster's ,references to the ,constitution of the ,united ,states1 the invaluable pamphlet mentioned below on page #bgg4 ,if you cannot afford to buy the books1 get the public library of your town or village to buy them2 or1 perhaps1 organize a small special library for your society or club4 ,librarians will naturally feel interested in such a matter1 and will often be able to help with advice4 ,a few hours every week spent in such wholesome studies cannot fail to do much toward the political education of the local community1 and thus toward the general improvement of the ,american people4 ,for the amelioration of things will doubtless continue to be effected in the future1 as it has been effected in the past1 not by ambitious schemes of sudden and universal reform 7which the sagacious man always suspects1 just as he suspects all schemes for returning a fabulously large interest upon investments71 but by the gradual and cumulative efforts of innumerable individuals1 each doing something to help or instruct those to whom his influence extends4 ,he who makes two clear ideas grow where there was only one hazy one before1 is the true benefactor of his species4 ,in conclusion1 ,i must express my sincere thanks to ,mr4 ,thomas ,emerson1 superintendent of schools in ,newton1 for the very kind interest he has shown in my work1 in discussing its plan with me at the outset1 in reading the completed manuscript1 and in offering valuable criticisms4 ,,cambridge1 ,august #e1 #ahij4 ,,contents4 ,,chapter ,i4 ,,taxation ,,and ,,government4 ,too much taxes4 ,what is taxation8 ,taxation and eminent domain4 ,what is government8 ,the ship of state4 ,the government4 ,whatever else it may be1 the government is the power which imposes taxes4 ,difference between taxation and robbery4 ,sometimes taxation is robbery4 ,the study of history is full of practical lessons1 and helpful to those who would be good citizens4 ,perpetual vigilance is the price of liberty4 ,,questions ,,on ,,the ,,text4 ,,suggestive ,,questions ,,and ,,directions4 ,,bibliographical ,,note4 ,,chapter ,,ii4 ,,the ,,township4 ,section #a4 ,the ,new ,england ,township4 ,the most ancient and simple form of government4 ,new ,england settled by church congregations4 ,policy of the early ,massachusetts government as to land grants4 ,smallness of the farms ,township and village ,social position of the settlers ,the town-meeting ,selectmen2 town-clerk ,town-treasurer2 constables2 assessors of taxes and overseers of the poor ,act of #afdg establishing public schools ,school committees ,field-drivers and pound-keepers2 fence-viewers2 other town officers ,calling the town-meeting ,town1 county1 and state taxes ,poll-tax ,taxes on real-estate2 taxes on personal property ,when and where taxes are assessed ,tax-lists ,cheating the government ,the rate of taxation ,undervaluation2 the burden of taxation ,the magic-fund delusion ,educational value of the town-meeting ,by-laws ,power and responsibility ,there is nothing especially ,american1 democratic1 or meritorious about rotation in office ,,questions ,,on ,,the ,,text ,section #b4 ,origin of the ,township4 ,town-meetings in ancient ,greece and ,rome ,clans2 the mark and the tun ,the ,old-,english township1 the manor1 and the parish ,the vestry-meeting ,parish and vestry clerks2 beadles1 waywardens1 haywards1 common-drivers1 churchwardens1 etc4 ,transition from the ,english parish to the ,new ,england township ,building of states out of smaller political units ,representation2 shire-motes2 ,earl ,simon's ,parliament ,the township as the unit of representation in the shire-mote and in the ,general ,court ,contrast with the ,russian village-community which is not represented in the general government ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,,iii4 ,,the ,,county4 ,section #a4 ,the ,county in its ,beginnings4 ,why do we have counties8 ,clans and tribes ,the ,english nation1 like the ,american1 grew out of the union of small states ,ealdorman and sheriff2 shire-mote and county court ,the coroner1 or crown officer ,justices of the peace2 the ,quarter ,sessions2 the lord lieutenant ,decline of the ,english county2 beginnings of counties in ,massachusetts ,,questions ,,on ,,the ,,text ,section #b4 ,the ,modern ,county in ,massachusetts4 ,county commissioners1 etc42 shire-towns and court-houses ,justices of the peace1 and trial justices ,the sheriff ,,questions ,,on ,,the ,,text ,section #c4 ,the ,old ,virginia ,county4 ,virginia sparsely settled2 extensive land grants to individuals ,navigable rivers2 absence of towns2 slavery ,social position of the settlers ,virginia parishes2 the vestry was a close corporation ,powers of the vestry ,the county was the unit of representation ,the county court was virtually a close corporation ,the county-seat1 or ,court ,house ,powers of the court2 the sheriff ,the county-lieutenant ,contrast between old ,virginia and old ,new ,england1 in respect of local government ,jefferson's opinion of township government ,court-day in old ,virginia ,virginia has been prolific in great leaders ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,,iv4 ,,township ,,and ,,county4 ,section #a4 ,various ,local ,systems4 ,parishes in ,south ,carolina ,the back country2 the regulators ,the district system ,the modern ,south ,carolina county ,the counties are too large ,tendency of the school district to develop into something like a township ,local institutions in colonial ,maryland2 the hundred ,clans2 brotherhoods1 or phratries2 and tribes ,origin of the hundred2 the hundred court2 the high constable ,decay of the hundred2 hundred-meeting in ,maryland ,the hundred in ,delaware2 the levy court1 or representative county assembly ,the old ,pennsylvania county ,town-meetings in ,new ,tort ,the county board of supervisors ,,questions ,,on ,,the ,,text ,section #b4 ,settlement of the ,public ,domain4 ,westward movement of population along parallels of latitude ,method of surveying the public lands ,origin of townships in the ,west ,formation of counties in the ,west ,some effects of this system ,the reservation of a section for public schools ,in this reservation there were the germs of township government ,but at first the county system prevailed ,,questions ,,on ,,the ,,text ,section #c4 ,the ,representative ,township-,county ,system in the ,west4 ,the town-meeting in ,michigan ,conflict between township and county systems in ,illinois ,effects of the ,ordinance of #aghg ,intense vitality of the township system ,county option and township option in ,missouri1 ,nebraska1 ,minnesota1 and ,dakota ,grades of township government in the ,west ,an excellent result of the absence of centralization in the ,united ,states ,effect of the self-governing school district in the ,south1 in preparing the way for the self-governing township ,woman-suffrage in the school district ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,v4 ,,the ,,city4 ,section #a4 ,direct and ,indirect ,government4 ,summary of the foregoing results2 township government is direct1 county government is indirect ,representative government is necessitated in a county by the extent of territory1 and in a city by the multitude of people ,josiah ,quincy's account of the ,boston town-meeting in #ahcj ,distinctions between towns and cities in ,america and in ,england ,,questions ,,on ,,the ,,text ,section #b4 ,origin of ,english ,boroughs and ,cities4 ,origin of the chesters and casters in ,roman camps ,coalescence of towns into fortified boroughs ,the borough as a hundred2 it acquires a court ,the borough as a county2 it acquires a sheriff ,government of ,london under ,henry ,i ,the guilds2 the town guild1 and ,guild ,hall ,government of ,london as perfected in the thirteenth century2 mayor1 aldermen1 and common council ,the city of ,london1 and the metropolitan district ,english cities were for a long time the bulwarks of liberty ,simon de ,montfort and the cities ,oligarchical abuses in ,english cities1 beginning with the ,tudor period ,the ,municipal ,reform ,act of #ahce ,government of the city of ,new ,york before the ,revolution ,changes after the ,revolution ,city government in ,philadelphia in the eighteenth century ,the very tradition of good government was lacking in these cities ,,questions ,,on ,,the ,,text ,section #c4 ,the ,government of ,cities in the ,united ,states4 ,several features of our municipal governments ,in many cases they do not seem to work well ,rapid growth of ,american cities ,some consequences of this rapid growth ,wastefulness resulting from want of foresight ,growth in complexity of government in cities ,illustrated by list of municipal officers in ,boston4 ,how city government comes to be a mystery to the citizens1 in some respects harder to understand than state and national government ,dread of the one-man power has in many cases led to scattering and weakening of responsibility ,committees inefficient for executive purposes2 the ,circumlocution ,office ,alarming increase of city debts1 and various attempts to remedy the evil ,experience of ,new ,york with state interference in municipal affairs2 unsatisfactory results ,the ,tweed ,ring in ,new ,york ,the present is a period of experiments ,the new government of ,brooklyn ,necessity of separating municipal from national politics ,notion that the suffrage ought to be restricted2 evils wrought by ignorant voters ,evils wrought by wealthy speculators2 testimony of the ,pennsylvania ,municipal ,commission ,dangers of a restricted suffrage ,baneful effects of mixing city politics with national politics ,the spoils system must be destroyed1 root and branch2 ballot reform also indispensable ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,,vi4 ,,the ,,state4 ,section #a4 ,the ,colonial ,governments4 ,claims of ,spain to the possession of ,north ,america ,claims of ,france and ,england ,the ,london and ,plymouth ,companies ,their common charter ,dissolution of the two companies ,states formed in the three zones ,formation of representative governments2 ,house of ,burgesses in ,virginia ,company of ,massachusetts ,bay ,transfer of the charter from ,england to ,massachusetts ,the ,general ,court2 assistants and deputies ,virtual independence of ,massachusetts1 and quarrels with the ,crown ,new charter of ,massachusetts in #afib2 its liberties curtailed ,republican governments in ,connecticut and ,rhode ,island ,counties palatine in ,england2 proprietary charter of ,maryland ,proprietary charter of ,pennsylvania ,quarrels between ,penns and ,calverts2 ,mason and ,dixon's line ,other proprietary governments ,they generally became unpopular ,at the time of the ,revolution there were three forms of colonial government3 #a4 ,republican2 #b4 ,proprietary2 #c4 ,royal 7,after #afib the government of ,massachusetts might be described as ,semi-royal7 ,in all three forms there was a representative assembly1 which alone could impose taxes ,the governor's council was a kind of upper house ,the colonial government was much like the ,english system in miniature ,the ,americans never admitted the supremacy of parliament ,except in the regulation of maritime commerce ,in ,england there grew up the theory of the imperial supremacy of parliament ,and the conflict between the ,british and ,american theories was precipitated by becoming involved in the political schemes of ,george ,,iii4 ,,questions ,,on ,,the ,,text ,section #b4 ,the ,transition from ,colonial to ,state ,governments4 ,dissolution of assemblies and parliaments ,committees of correspondence2 provincial congresses ,provisional governments2 governors and presidents ,origin of the senates ,likenesses and differences between ,british and ,american systems ,,questions ,,on ,,the ,,text ,section #c4 ,the ,state ,governments4 ,later modifications ,universal suffrage ,separation between legislative and executive departments2 its advantages and disadvantages as compared with the ,european plan ,in our system the independence of the executive is of vital importance ,the state executive ,the governor's functions3 #a4 ,adviser of legislature2 #b4 ,commander of state militia2 #c4 ,royal prerogative of pardon2 #d4 ,veto power ,importance of the veto power as a safeguard against corruption ,in building the state1 the local self-government was left unimpaired ,instructive contrast with ,france ,some causes of ,french political incapacity ,vastness of the functions retained by the states in the ,american ,union ,illustration from recent ,english history ,independence of the state courts ,constitution of the state courts ,elective and appointive judges ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,,vii4 ,,written ,,constitutions4 ,in the ,american state there is a power above the legislature ,germs of the idea of a written constitution ,development of the idea of contract in ,roman law2 mediaeval charters ,the ,great ,charter 7#abae7 ,the ,bill of ,rights 7#afhi7 ,foreshadowing of the ,american idea by ,sir ,harry ,vane 7#afff7 ,the ,mayflower compact 7#afbj7 ,the ,fundamental ,orders of ,connecticut 7#afci7 ,germinal development of the colonial charter toward the modern state constitution ,abnormal development of some recent state constitutions1 encroaching upon the legislature ,the process of amending constitutions ,the ,swiss ,referendum ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,chapter ,,viii4 ,,the ,,federal ,,union4 ,section #a4 ,origin of the ,federal ,union4 ,circumstances favourable to the union of the colonies4 ,the ,new ,england ,confederacy 7#afdc-hd74 ,albany ,congress 7#aged72 ,stamp ,act ,congress 7#agfe72 ,committees of ,correspondence 7#aggb-ge74 ,the ,continental ,congress 7#aggd-hi74 ,the several states were never at any time sovereign states4 ,the ,articles of ,confederation4 ,nature and powers of the ,continental ,congress4 ,it could not impose taxes1 and therefore was not fully endowed with sovereignty4 ,decline of the ,continental ,congress4 ,weakness of the sentiment of union2 anarchical tendencies4 ,the ,federal ,convention 7#aghg74 ,,questions ,,on ,,the ,,text4 ,section #b4 ,the ,federal ,congress4 ,the ,house of ,representatives4 ,the three fifths compromise4 ,the ,connecticut compromise4 ,the ,senate4 ,electoral districts2 the ,gerrymander4 ,the election at large4 ,time of assembling4 ,privileges of members4 ,the ,speaker4 ,impeachment in ,england2 in the ,united ,states4 ,the president's veto power4 ,,questions ,,on ,,the ,,text4 ,section #c4 ,the ,federal ,executive4 ,the title of ,president4 ,the electoral college4 ,the twelfth amendment4 ,the electoral commission 7#ahgg74 ,provisions against a lapse of the presidency4 ,original purpose of the electoral college not fulfilled ,electors formerly chosen in many states by districts2 now always on a general ticket ,minority presidents ,advantages of the electoral system ,nomination of candidates by congressional caucus 7#ahjj-bd7 ,nominating conventions2 the primary2 the district convention2 the national convention ,qualifications for the presidency2 the term of office ,powers and duties of the president ,the president's message ,executive departments2 the cabinet ,the secretary of state ,diplomatic and consular service ,the secretary of the treasury ,the other departments ,,questions ,,on ,,the ,,text ,section #d4 ,the ,nation and the ,states4 ,difference between confederation and federal union ,powers granted to ,congress ,the ,elastic ,clause ,powers denied to the states ,evils of an inconvertible paper currency ,powers denied to ,congress ,bills of attainder ,intercitizenship2 mode of mating amendments ,,questions ,,on ,,the ,,text ,section #e4 ,the ,federal ,judiciary4 ,need for a federal judiciary ,federal courts and judges ,district attorneys and marshals ,the federal jurisdiction ,,questions ,,on ,,the ,,text ,section #f4 ,territorial ,government4 ,the ,northwest ,territory and the ,ordinance of #aghg ,other territories and their government ,,questions ,,on ,,the ,,text ,section #g4 ,ratification and ,amendments4 ,provisions for ratification ,concessions to slavery ,demand for a bill of rights ,the first ten amendments ,,questions ,,on ,,the ,,text ,section #h4 ,a ,few ,words about ,politics4 ,federal taxation ,hamilton's policy2 excise2 tariff ,origin of ,american political parties2 strict and loose construction of the ,elastic ,clause ,tariff1 ,internal ,improvements1 and ,national ,bank4 ,civil ,service reform ,origin of the spoils system in the state polities of ,new ,tort and ,pennsylvania ,rotation in office2 the ,crawford ,act ,how the spoils system was made national ,the ,civil ,service ,act of #ahhc ,the ,australian ballot ,the ,english system of accounting for election expenses ,,questions ,,on ,,the ,,text ,,suggestive ,,questions ,,and ,,directions ,,bibliographical ,,note ,,appendix4 ,a4 ,the ,articles of ,confederation ,b4 ,the ,constitution of the ,united ,states ,c4 ,magna ,charta ,d4 ,part of the ,bill of ,rights1 #afhi ,e4 ,the ,fundamental ,orders of ,connecticut ,f4 ,the ,states classified according to origin ,g4 ,table of states and territories ,h4 ,population of the ,united ,states #agij-ahhj1 with percentages of urban population ,i4 ,an ,examination ,paper for ,customs ,clerks ,j4 ,the ,new ,york ,corrupt ,practices ,act of #ahij ,k4 ,specimen of an ,australian ballot ,,index ,,civil ,,government ,,in ,,the ,,united ,,states1 ,,considered ,,with ,,some ,,reference ,,to ,,its ,,origins4 ,,chapter ,i4 ,,taxation ,,and ,,government4 ,in that strangely beautiful story1 ,the ,cloister and the ,hearth1 in which ,charles ,reade has drawn such a vivid picture of human life at the close of the ,middle ,ages1 there is a good description of the siege of a revolted town by the army of the ,duke of ,burgundy4 ,arrows whiz1 catapults hurl their ponderous stones1 wooden towers are built1 secret mines are exploded4 ,the sturdy citizens1 led by a tall knight who seems to bear a charmed life1 baffle every device of the besiegers4 ,at length the citizens capture the brother of the duke's general1 and the besiegers capture the tall knight1 who turns out to be no knight after all1 but just a plebeian hosier4 ,the duke's general is on the point of ordering the tradesman who has made so much trouble to be shot1 but the latter still remains master of the situation2 for1 as he dryly observes1 if any harm comes to him1 the enraged citizens will hang the general's brother4 ,some parley ensues1 in which the shrewd hosier promises for the townsfolk to set free their prisoner and pay a round sum of money if the besieging army will depart and leave them in peace4 ,the offer is accepted1 and so the matter is amicably settled4 ,as the worthy citizen is about to take his leave1 the general ventures a word of inquiry as to the cause of the town's revolt4 ,what1 then1 is your grievance1 my good friend8 ,our hosier knight1 though deft with needle and keen with lance1 has a stammering tongue4 ,he answers3 ,tuta--tuta--tuta--tuta--too much taxes6 ,sidenote3 ,too much taxes4 ,too much taxes3 those three little words furnish us with a clue wherewith to understand and explain a great deal of history4 ,a great many sieges of towns1 so horrid to have endured though so picturesque to read about1 hundreds of weary marches and deadly battles1 thousands of romantic plots that have led their inventors to the scaffold1 have owed their origin to questions of taxation4 ,the issue between the ducal commander and the warlike tradesman has been tried over and over again in every country and in every age1 and not always has the oppressor been so speedily thwarted and got rid of4 ,the questions as to how much the taxes shall be1 and who is to decide how much they shall be1 are always and in every stage of society questions of most fundamental importance4 ,and ever since men began to make history1 a very large part of what they have done1 in the way of making history1 has been the attempt to settle these questions1 whether by discussion or by blows1 whether in council chambers or on the battlefield4 ,the ,french ,revolution of #aghi1 the most terrible political convulsion of modern times1 was caused chiefly by too much taxes1 and by the fact that the people who paid the taxes were not the people who decided what the taxes were to be4 ,our own ,revolution1 which made the ,united ,states a nation independent of ,great ,britain1 was brought on by the disputed question as to who was to decide what taxes ,american citizens must pay4 ,sidenote3 ,what is taxation8 ,what1 then1 are taxes8 ,the question is one which is apt to come up1 sooner or later1 to puzzle children4 ,they find no difficulty in understanding the butcher's bill for so many pounds of meat1 or the tailor's bill for so many suits of clothes1 where the value received is something that can be seen and handled4 ,but the tax bill1 though it comes as inevitably as the autumnal frosts1 bears no such obvious relation to the incidents of domestic life2 it is not quite so clear what the money goes for2 and hence it is apt to be paid by the head of the household with more or less grumbling1 while for the younger members of the family it requires some explanation4 ,it only needs to be pointed out1 however1 that in every town some things are done for the benefit of all the inhabitants of the town1 things which concern one person just as much as another4 ,thus roads are made and kept in repair1 school-houses are built and salaries paid to school-teachers1 there are constables who take criminals to jail1 there are engines for putting out fires1 there are public libraries1 town cemeteries1 and poor-houses4 ,money raised for these purposes1 which are supposed to concern all the inhabitants1 is supposed to be paid by all the inhabitants1 each one furnishing his share2 and the share which each one pays is his town tax4 ,sidenote3 ,taxation and eminent domain4 ,from this illustration it would appear that taxes are private property taken for public purposes2 and in making this statement we come very near the truth4 ,taxes are portions of private property which a government takes for its public purposes4 ,before going farther1 let us pause to observe that there is one other way1 besides taxation1 in which government sometimes takes private property for public purposes4 ,roads and streets are of great importance to the general public2 and the government of the town or city in which you live may see fit1 in opening a new street1 to run it across your garden1 or to make you move your house or shop out of the way for it4 ,in so doing1 the government either takes away or damages some of your property4 ,it exercises rights over your property without asking your permission4 ,this power of government over private property is called the right of eminent domain4 ,it means that a man's private interests must not be allowed to obstruct the interests of the whole community in which he lives4 ,but in two ways the exercise of eminent domain is unlike taxation4 ,in the first place1 it is only occasional1 and affects only certain persons here or there1 whereas taxation goes on perpetually and affects all persons who own property4 ,in the second place1 when the government takes away a piece of your land to make a road1 it pays you money in return for it2 perhaps not quite so much as you believe the piece of land was worth in the market2 the average human nature is doubtless such that men seldom give fair measure for measure unless they feel compelled to1 and it is not easy to put a government under compulsion4 ,still it gives you something2 it does not ask you to part with your property for nothing4 ,now in the case of taxation1 the government takes your money and seems to make no return to you individually2 but it is supposed to return to you the value of it in the shape of well-paved streets1 good schools1 efficient protection against criminals1 and so forth4 ,sidenote3 ,what is government8 ,in giving this brief preliminary definition of taxes and taxation1 we have already begun to speak of the government of the town or city in which you live4 ,we shall presently have to speak of other governments1--as the government of your state and the government of the ,united ,states2 and we shall now and then have occasion to allude to the governments of other countries in which the people are free1 as1 for example1 ,england2 and of some countries in which the people are not free1 as1 for example1 ,russia4 ,it is desirable1 therefore1 that we should here at the start make sure what we mean by government1 in order that we may have a clear idea of what we are talking about4 ,sidenote3 ,the ship of state4 ,our verb to govern is an ,old ,french word1 one of the great host of ,french words which became a part of the ,english language between the eleventh and fourteenth centuries1 when so much ,french was spoken in ,england4 ,the ,french word was gouverner1 and its oldest form was the ,latin gubernare1 a word which the ,romans borrowed from the ,greek1 and meant originally to steer the ship4 ,hence it very naturally came to mean to guide1 to direct1 to command4 ,the comparison between governing and steering was a happy one4 ,to govern is not to command as a master commands a slave1 but it is to issue orders and give directions for the common good2 for the interests of the man at the helm are the same as those of the people in the ship4 ,all must float or sink together4 ,hence we sometimes speak of the ship of state1 and we often call the state a commonwealth1 or something in the weal or welfare of which all the people are alike interested4 ,government1 then1 is the directing or managing of such affairs as concern all the people alike1--as1 for example1 the punishment of criminals1 the enforcement of contracts1 the defence against foreign enemies1 the maintenance of roads and bridges1 and so on4 ,to the directing or managing of such affairs all the people are expected to contribute1 each according to his ability1 in the shape of taxes4 ,government is something which is supported by the people and kept alive by taxation4 ,there is no other way of keeping it alive4 ,sidenote3 ,the government4 ,the business of carrying on government--of steering the ship of state--either requires some special training1 or absorbs all the time and attention of those who carry it on2 and accordingly1 in all countries1 certain persons or groups of persons are selected or in some way set apart1 for longer or shorter periods of time1 to perform the work of government4 ,such persons may be a king with his council1 as in the ,england of the twelfth century2 or a parliament led by a responsible ministry1 as in the ,england of to-day2 or a president and two houses of congress1 as in the ,united ,states2 or a board of selectmen1 as in a ,new ,england town4 ,when we speak of a government or the government1 we often mean the group of persons thus set apart for carrying on the work of government4 ,thus1 by the ,gladstone government we mean ,mr4 ,gladstone1 with his colleagues in the cabinet and his ,liberal majority in the ,house of ,commons2 and by the ,lincoln government1 properly speaking1 was meant ,president ,lincoln1 with the ,republican majorities in the ,senate and ,house of ,representatives4 ,sidenote3 ,whatever else it may be1 the government is the power which taxes ,the government has always many things to do1 and there are many different lights in which we might regard it4 ,but for the present there is one thing which we need especially to keep in mind4 ,the government is the power which can rightfully take away a part of your property1 in the shape of taxes1 to be used for public purposes4 ,a government is not worthy of the name1 and cannot long be kept in existence1 unless it can raise money by taxation1 and use force1 if necessary1 in collecting its taxes4 ,the only general government of the ,united ,states during the ,revolutionary ,war1 and for six years after its close1 was the ,continental ,congress1 which had no authority to raise money by taxation4 ,in order to feed and clothe the army and pay its officers and soldiers1 it was obliged to ask for money from the several states1 and hardly ever got as much as was needed4 ,it was obliged to borrow millions of dollars from ,france and ,holland1 and to issue promissory notes which soon became worthless4 ,after the war was over it became clear that this so-called government could neither preserve order nor pay its debts1 and accordingly it ceased to be respected either at home or abroad1 and it became necessary for the ,american people to adopt a new form of government4 ,between the old ,continental ,congress and the government under which we have lived since #aghi1 the differences were many2 but by far the most essential difference was that the new government could raise money by taxation1 and was thus enabled properly to carry on the work of governing4 ,if we are in any doubt as to what is really the government of some particular country1 we cannot do better than observe what person or persons in that country are clothed with authority to tax the people4 ,mere names1 as customarily applied to governments1 are apt to be deceptive4 ,thus in the middle of the eighteenth century ,france and ,england were both called kingdoms2 but so far as kingly power was concerned1 ,louis ,,xv4 was a very different sort of a king from ,george ,,ii4 ,the ,french king could impose taxes on his people1 and it might therefore be truly said that the government of ,france was in the king4 ,indeed1 it was ,louis ,,xv's immediate predecessor who made the famous remark1 ,the state is myself4 ,but the ,english king could not impose taxes2 the only power in ,england that could do that was the ,house of ,commons1 and accordingly it is correct to say that in ,england1 at the time of which we are speaking1 the government was 7as it still is7 in the ,house of ,commons4 ,sidenote3 ,difference between taxation and robbery4 ,i say1 then1 the most essential feature of a government--or at any rate the feature with which it is most important for us to become familiar at the start--is its power of taxation4 ,the government is that which taxes4 ,if individuals take away some of your property for purposes of their own1 it is robbery2 you lose your money and get nothing in return4 ,but if the government takes away some of your property in the shape of taxes1 it is supposed to render to you an equivalent in the shape of good government1 something without which our lives and property would not be safe4 ,herein seems to lie the difference between taxation and robbery4 ,when the highwayman points his pistol at me and ,i hand him my purse and watch1 ,i am robbed4 ,but when ,i pay the tax-collector1 who can seize my watch or sell my house over my head if ,i refuse1 ,i am simply paying what is fairly due from me toward supporting the government4 ,sidenote3 ,sometimes taxation is robbery4 ,in what we have been saying it has thus far been assumed that the government is in the hands of upright and competent men and is properly administered4 ,it is now time to observe that robbery may be committed by governments as well as by individuals4 ,if the business of governing is placed in the hands of men who have an imperfect sense of their duty toward the public1 if such men raise money by taxation and then spend it on their own pleasures1 or to increase their political influence1 or for other illegitimate purposes1 it is really robbery1 just as much as if these men were to stand with pistols by the roadside and empty the wallets of people passing by4 ,they make a dishonest use of their high position as members of government1 and extort money for which they make no return in the shape of services to the public4 ,history is full of such lamentable instances of misgovernment1 and one of the most important uses of the study of history is to teach us how they have occurred1 in order that we may learn how to avoid them1 as far as possible1 in the future4 ,sidenote3 ,the study of history4 ,when we begin in childhood the study of history we are attracted chiefly by anecdotes of heroes and their battles1 kings and their courts1 how the ,spartans fought at ,thermopylae1 how ,alfred let the cakes burn1 how ,henry ,,viii4 beheaded his wives1 how ,louis ,,xiv4 used to live at ,versailles4 ,it is quite right that we should be interested in such personal details1 the more so the better2 for history has been made by individual men and women1 and until we have understood the character of a great many of those who have gone before us1 and how they thought and felt in their time1 we have hardly made a fair beginning in the study of history4 ,the greatest historians1 such as ,freeman and ,mommsen1 show as lively an interest in persons as in principles2 and ,i would not give much for the historical theories of a man who should declare himself indifferent to little personal details4 ,sidenote3 ,it is full of practical lessons2 ,some people1 however1 never outgrow the child's notion of history as merely a mass of pretty anecdotes or stupid annals1 without any practical bearing upon our own every-day life4 ,there could not be a greater mistake4 ,very little has happened in the past which has not some immediate practical lessons for us2 and when we study history in order to profit by the experience of our ancestors1 to find out wherein they succeeded and wherein they failed1 in order that we may emulate their success and avoid their errors1 then history becomes the noblest and most valuable of studies4 ,it then becomes1 moreover1 an arduous pursuit1 at once oppressive and fascinating from its endless wealth of material1 and abounding in problems which the most diligent student can never hope completely to solve4 ,sidenote3 and helpful to those who would be good citizens4 ,sidenote3 ,eternal vigilance is the price of liberty4 ,few people have the leisure to undertake a systematic and thorough study of history1 but every one ought to find time to learn the principal features of the governments under which we live1 and to get some inkling of the way in which these governments have come into existence and of the causes which have made them what they are4 ,some such knowledge is necessary to the proper discharge of the duties of citizenship4 ,political questions1 great and small1 are perpetually arising1 to be discussed in the newspapers and voted on at the polls2 and it is the duty of every man and woman1 young or old1 to try to understand them4 ,that is a duty which we owe1 each and all of us1 to ourselves and to our fellow-countrymen4 ,for if such questions are not settled in accordance with knowledge1 they will be settled in accordance with ignorance2 and that is a kind of settlement likely to be fraught with results disastrous to everybody4 ,it cannot be too often repeated that eternal vigilance is the price of liberty4 ,people sometimes argue as if they supposed that because our national government is called a republic and not a monarchy1 and because we have free schools and universal suffrage1 therefore our liberties are forever secure4 ,our government is1 indeed1 in most respects1 a marvel of political skill2 and in ordinary times it runs so smoothly that now and then1 absorbed as most of us are in domestic cares1 we are apt to forget that it will not run of itself4 ,to insure that the government of the nation or the state1 of the city or the township1 shall be properly administered1 requires from every citizen the utmost watchfulness and intelligence of which he is capable4 ,,questions ,,on ,,the ,,text4 ,to the teacher4 ,encourage full answers4 ,do not permit anything like committing the text to memory4 ,in the long run the pupil who relies upon his own language1 however inferior it may be to that of the text1 is better off4 ,naturally1 with thoughtful study1 the pupil's language will feel the influence of that of the text1 and so improve4 ,the important thing in any answer is the fundamental thought4 ,this idea once grasped1 the expression of it may receive some attention4 ,the expression will often be broken and faulty1 partly because of the immaturity of the pupil1 and partly because of the newness and difficulty of the theme4 ,do not let the endeavour to secure excellent expression check a certain freedom and spontaneity that should be encouraged in the pupil4 ,when the teacher desires to place special stress on excellent presentation1 it is wise to assign topics beforehand1 so that each pupil may know definitely what is expected of him1 and prepare himself accordingly4 #a4 ,tell the story that introduces the chapter4 #b4 ,what lesson is it designed to teach8 #c4 ,what caused the ,french ,revolution8 #d4 ,what caused the ,american ,revolution8 #e4 ,compare the tax bill with that of the butcher or tailor4 #f4 ,what are taxes raised for in a town8 ,for whose benefit8 #g4 ,define taxes4 #h4 ,define the right of eminent domain4 #i4 ,distinguish between taxes and the right of eminent domain4 #aj4 ,what is the origin of the word govern8 #aa4 ,define government4 #ab4 ,by whom is it supported1 how is it kept alive1 and by whom is it carried on8 #ac4 ,give illustrations of governments4 #ad4 ,what one power must government have to be worthy of the name8 #ae4 ,what was the principal weakness of the government during the ,american ,revolution8 #af4 ,compare this government with that of the ,united ,states since #aghi4 #ag4 ,if it is doubtful what the real government of a country is1 how may the doubt be settled8 #ah4 ,illustrate by reference to ,france and ,england in the eighteenth century4 #ai4 ,what is the difference between taxation and robbery8 #bj4 ,under what conditions may taxation become robbery8 #ba4 ,to what are we easily attracted in our first study of history8 #bb4 ,what ought to be learned from history8 #bc4 ,what sort of knowledge is helpful in discharging the duties of citizenship8 #bd4 ,show how eternal vigilance is the price of liberty4 ,,suggestive ,,questions ,,and ,,directions4 ,to the teacher4 ,the object of this series of questions and suggestions is to stimulate reading1 investigating1 and thinking4 ,it is not expected1 indeed it is hardly possible1 that each pupil shall respond to them all4 ,a single question may cost prolonged study4 ,assign the numbers1 therefore1 to individuals to report upon at a subsequent recitation1--one or more to each pupil1 according to the difficulty of the numbers4 ,reserve some for class consideration or discussion4 ,now and then let the teacher answer a question himself1 partly to furnish the pupils with good examples of answers1 and partly to insure attention to matters that might otherwise escape notice4 #a4 ,are there people who receive no benefit from their payment of taxes8 #b4 ,are the benefits received by people in proportion to the amounts paid by them8 #c4 ,show somewhat fully what taxes had to do with the ,french ,revolution4 #d4 ,show somewhat fully what taxes had to do with the ,american ,revolution4 #e4 ,give illustrations of the exercise of the right of eminent domain in your own town or county or state4 #f4 ,do railroad corporations exercise such a right8 ,how do they succeed in getting land for their tracks8 #g4 ,in case of disagreement1 how is a fair price determined for property taken by eminent domain8 #h4 ,what persons are prominent to-day in the government of your own town or city8 ,of your own county8 ,of your own state8 ,of the ,united ,states8 #i4 ,who constitute the government of the school to which you belong8 ,does this question admit of more than one answer8 ,has the government of your school any power to tax the people to support the school8 #aj4 ,what is the difference between a state and the government of a state8 #aa4 ,which is the more powerful branch of the ,english ,parliament8 ,why8 #ab4 ,is it a misuse of the funds of a city to provide entertainments for the people ,july #d8 ,to expend money in entertaining distinguished guests8 ,to provide flowers1 carriages1 cigars1 wines1 etc41 for such guests8 #ac4 ,what is meant by subordinating public office to private ends8 ,cite instances from history4 #ad4 ,what histories have you read8 ,what one of them1 if any1 would you call a child's history1 or a drum and trumpet history8 ,what one of them1 if any1 has impressed any lessons upon you8 #ae4 ,mention some principles that history has taught you4 #af4 ,mention a few offices1 and tell the sort of intelligence that is needed by the persons who hold them4 ,what results might follow if such intelligence were lacking8 ,,bibliographical ,,note4 ,it is designed in the bibliographical notes to indicate some authorities to which reference may be made for greater detail than is possible in an elementary work like the present4 ,it is believed that the notes will prove a help to teacher and pupil in special investigations1 and to the reader who may wish to make selections from excellent sources for purposes of self-culture4 ,it is hardly necessary to add that it is sometimes worth much to the student to know where valuable information may be obtained1 even when it is not practicable to make immediate use of it4 ,certain books should always be at the teacher's desk during the instruction in civil government1 and as easily accessible as the large dictionary2 as1 for instance1 the following3 ,the ,general ,statutes of the state1 the manual or blue-book of the state legislature1 and1 if the school is in a city1 the city charter and ordinances4 ,it is also desirable to add to this list the statutes of the ,united ,states and a manual of ,congress or of the general government4 ,manuals may be obtained through representatives in the state legislature and in ,congress4 ,they will answer nearly every purpose if they are not of the latest issue4 ,the ,statesman's ,year ,book1 published by ,macmillan ,co41 ,new ,york1 every year1 is exceedingly valuable for reference4 ,certain almanacs1 particularly the comprehensive ones issued by the ,new ,york ,tribune and the ,new ,york ,world1 are rich in state and national statistics1 and so inexpensive as to be within everybody's means4 ,,taxation ,,and ,,government4--,as to the causes of the ,american revolution1 see my ,war of ,independence1 ,boston1 #ahhi2 and as to the weakness of the government of the ,united ,states before #aghi1 see my ,critical ,period of ,american ,history1 ,boston1 #ahhh4 ,as to the causes of the ,french revolution1 see ,paul ,lacombe1 ,the ,growth of a ,people1 ,n4,y41 #ahhc1 and the third volume of ,kitchin's ,history of ,france1 ,london1 #ahhg2 also ,morse ,stephens1 ,the ,french ,revolution1 vol4 i41 ,n4,y41 #ahhg2 ,taine1 ,the ,ancient ,regime1--,n4,y41 #ahgf1 and ,the ,revolution1 #b vols41 ,n4,y41 #ahhj4 ,the student may read with pleasure and profit ,dickens's ,tale of ,two ,cities4 ,for the student familiar with ,french1 an excellent book is ,albert ,babeau1 ,le ,village sous l'ancien ,rgime1 ,paris1 #ahgi2 see also ,tocqueville1 ,l'ancien ,rgime et la ,rvolution1 #gth ed41 ,paris1 #ahff4 ,there is a good sketch of the causes of the ,french revolution in the fifth volume of ,leeky's ,history of ,england in the ,eighteenth ,century1 ,n4,y41 #ahhg2 see also ,buckle's ,history of ,civilization1 chaps1 xii4-xiv4 ,there is no better commentary on my first chapter than the lurid history of ,france in the eighteenth century4 ,the strong contrast to ,english and ,american history shows us most instructively what we have thus far escaped4 ,,chapter ,,ii4 ,,the ,,township4 ,section #a4 ,the ,new ,england ,township4 ,of the various kinds of government to be found in the ,united ,states1 we may begin by considering that of the ,new ,england township4 ,as we shall presently see1 it is in principle of all known forms of government the oldest as well as the simplest4 ,let us observe how the ,new ,england township grew up4 ,sidenote3 ,new ,england was settled by church congregations4 ,when people from ,england first came to dwell in the wilderness of ,massachusetts ,bay1 they settled in groups upon small irregular-shaped patches of land1 which soon came to be known as townships4 ,there were several reasons why they settled thus in small groups1 instead of scattering about over the country and carving out broad estates for themselves4 ,in the first place1 their principal reason for coming to ,new ,england was their dissatisfaction with the way in which church affairs were managed in the old country4 ,they wished to bring about a reform in the church1 in such wise that the members of a congregation should have more voice than formerly in the church-government1 and that the minister of each congregation should be more independent than formerly of the bishop and of the civil government4 ,they also wished to abolish sundry rites and customs of the church of which they had come to disapprove4 ,finding the resistance to their reforms quite formidable in ,england1 and having some reason to fear that they might be themselves crushed in the struggle1 they crossed the ocean in order to carry out their ideas in a new and remote country where they might be comparatively secure from interference4 ,hence it was quite natural that they should come in congregations1 led by their favourite ministers1--such men1 for example1 as ,higginson and ,cotton1 ,hooker and ,davenport4 ,when such men1 famous in ,england for their bold preaching and imperiled thereby1 decided to move to ,america1 a considerable number of their parishioners would decide to accompany them1 and similarly minded members of neighbouring churches would leave their own pastor and join in the migration4 ,such a group of people1 arriving on the coast of ,massachusetts1 would naturally select some convenient locality1 where they might build their houses near together and all go to the same church4 ,sidenote3 ,land grants4 ,this migration1 therefore1 was a movement1 not of individuals or of separate families1 but of church-congregations1 and it continued to be so as the settlers made their way inland and westward4 ,the first river towns of ,connecticut were founded by congregations coming from ,dorchester1 ,cambridge1 and ,watertown4 ,this kind of settlement was favoured by the government of ,massachusetts1 which made grants of land1 not to individuals but to companies of people who wished to live together and attend the same church4 ,in the second place1 the soil of ,new ,england was not favourable to the cultivation of great quantities of staple articles1 such as rice or tobacco1 so that there was nothing to tempt people to undertake extensive plantations4 ,sidenote3 ,small farms4 ,most of the people lived on small farms1 each family raising but little more than enough food for its own support2 and the small size of the farms made it possible to have a good many in a compact neighbourhood4 ,it appeared also that towns could be more easily defended against the ,indians than scattered plantations2 and this doubtless helped to keep people together1 although if there had been any strong inducement for solitary pioneers to plunge into the great woods1 as in later years so often happened at the ,west1 it is not likely that any dread of the savages would have hindered them4 ,sidenote3 ,township and village4 ,sidenote3 ,social positions of settlers4 ,thus the early settlers of ,new ,england came to live in townships4 ,a township would consist of about as many farms as could be disposed within convenient distance from the meeting-house1 where all the inhabitants1 young and old1 gathered every ,sunday1 coming on horseback or afoot4 ,the meeting-house was thus centrally situated1 and near it was the town pasture or common1 with the school-house and the block-house1 or rude fortress for defence against the ,indians4 ,for the latter building some commanding position was apt to be selected1 and hence we so often find the old village streets of ,new ,england running along elevated ridges or climbing over beetling hilltops4 ,around the meeting-house and common the dwellings gradually clustered into a village1 and after a while the tavern1 store1 and town-house made their appearance4 ,among the people who thus tilled the farms and built up the villages of ,new ,england1 the differences in what we should call social position1 though noticeable1 were not extreme4 ,while in ,england some had been esquires or country magistrates1 or lords of the manor1--a phrase which does not mean a member of the peerage1 but a landed proprietor with dependent tenants#a2 some had been yeomen1 or persons holding farms by some free kind of tenure2 some had been artisans or tradesmen in cities4 ,all had for many generations been more or less accustomed to self-government and to public meetings for discussing local affairs4 ,that self-government1 especially as far as church matters were concerned1 they were stoutly bent upon maintaining and extending4 ,indeed1 that was what they had crossed the ocean for4 ,under these circumstances they developed a kind of government which we may describe in the present tense1 for its methods are pretty much the same to-day that they were two centuries ago4 ,footnote #a3 ,compare the ,scottish laird4 ,sidenote3 ,the town-meeting4 ,in a ,new ,england township the people directly govern themselves2 the government is the people1 or1 to speak with entire precision1 it is all the male inhabitants of one-and-twenty years of age and upwards4 ,the people tax themselves4 ,once each year1 usually in ,march but sometimes as early as ,february or as late as ,april1 a town-meeting is held1 at which all the grown men of the township are expected to be present and to vote1 while any one may introduce motions or take part in the discussion4 ,in early times there was a fine for non-attendance1 but at is no longer the case2 it is supposed that a due regard to his own interests will induce every man to come4 ,the town-meeting is held in the town-house1 but at first it used to be held in the church1 which was thus a meeting-house for civil as well as ecclesiastical purposes4 ,at the town-meeting measures relating to the administration of town affairs are discussed and adopted or rejected2 appropriations are made for the public expenses of the town1 or in other words the amount of the town taxes for the year is determined2 and town officers are elected for the year4 ,let us first enumerate these officers4 ,sidenote3 ,selectmen4 ,the principal executive magistrates of the town are the selectmen4 ,they are three1 five1 seven1 or nine in number1 according to the size of the town and the amount of public business to be transacted4 ,the odd number insures a majority decision in case of any difference of opinion among them4 ,they have the general management of the public business4 ,they issue warrants for the holding of town-meetings1 and they can call such a meeting at any time during the year when there seems to be need for it1 but the warrant must always specify the subjects which are to be discussed and acted on at the meeting4 ,the selectmen also lay out highways1 grant licenses1 and impanel jurors2 they may act as health officers and issue orders regarding sewerage1 the abatement of nuisances1 or the isolation of contagious diseases2 in many cases they act as assessors of taxes1 and as overseers of the poor4 ,they are the proper persons to listen to complaints if anything goes wrong in the town4 ,in county matters and state matters they speak for the town1 and if it is a party to a law-suit they represent it in court2 for the ,new ,england town is a legal corporation1 and as such can hold property1 and sue and be sued4 ,in a certain sense the selectmen may be said to be the government of the town during the intervals between the town-meetings4 ,sidenote3 ,town-clerk4 ,an officer no less important than the selectmen is the town-clerk4 ,he keeps the record of all votes passed in the town-meetings4 ,he also records the names of candidates and the number of votes for each in the election of state and county officers4 ,he records the births1 marriages1 and deaths in the township1 and issues certificates to persons who declare an intention of marriage4 ,he likewise keeps on record accurate descriptions of the position and bounds of public roads2 and1 in short1 has general charge of all matters of town-record4 ,sidenote3 ,town-treasurer4 ,every town has also its treasurer1 who receives and takes care of the money coming in from the taxpayers1 or whatever money belongs to the town4 ,out of this money he pays the public expenses4 ,he must keep a strict account of his receipts and payments1 and make a report of them each year4 ,sidenote3 ,constables4 ,every town has one or more constables1 who serve warrants from the selectmen and writs from the law courts4 ,they pursue criminals and take them to jail4 ,they summon jurors4 ,in many towns they serve as collectors of taxes1 but in many other towns a special officer is chosen for that purpose4 ,when a person1 fails to pay his taxes1 after a specified time the collector has authority to seize upon his property and sell it at auction1 paying the tax and costs out of the proceeds of the sale1 and handing over the balance to the owner4 ,in some cases1 where no property can be found and there is reason to believe that the delinquent is not acting in good faith1 he can be arrested and kept in prison until the tax and costs are paid1 or until he is released by the proper legal methods4 ,sidenote3 ,assessors of taxes and overseers of the poor4 ,where the duties of the selectmen are likely to be too numerous1 the town may choose three or more assessors of taxes to prepare the tax lists2 and three or more overseers of the poor1 to regulate the management of the village almshouse and confer with other towns upon such questions as often arise concerning the settlement and maintenance of homeless paupers4 ,sidenote3 ,public schools4 ,every town has its school committee4 ,in #afdg the legislature of ,massachusetts enacted a law with the following preamble3 ,it being one chief project of that old deluder1 ,satan1 to keep men from the knowledge of the ,scriptures1 as in former times by keeping them in an unknown tongue1 so in these latter times by persuading from the use of tongues1 that so at least the true sense and meaning of the original might be clouded and corrupted with false glosses of deceivers2 to the end that learning may not be buried in the graves of our forefathers1 in church and commonwealth1 the ,lord assisting our endeavours2 it was therefore ordered that every township containing fifty families or householders should forthwith set up a school in which children might be taught to read and write1 and that every township containing one hundred families or householders should set up a school in which boys might be fitted for entering ,harvard ,college4 ,even before this statute1 several towns1 as for instance ,roxbury and ,dedham1 had begun to appropriate money for free schools2 and these were the beginnings of a system of public education which has come to be adopted throughout the ,united ,states4 ,sidenote3 ,school committees4 ,the school committee exercises powers of such a character as to make it a body of great importance4 ,the term of service of the members is three years1 one third being chosen annually4 ,the number of members must therefore be some multiple of three4 ,the slow change in the membership of the board insures that a large proportion of the members shall always be familiar with the duties of the place4 ,the school committee must visit all the public schools at least once a month1 and make a report to the town every year4 ,it is for them to decide what text-books are to be used4 ,they examine candidates for the position of teacher and issue certificates to those whom they select4 ,the certificate is issued in duplicate1 and one copy is handed to the selectmen as a warrant that the teacher is entitled to receive a salary4 ,teachers are appointed for a term of one year1 but where their work is satisfactory the appointments are usually renewed year after year4 ,a recent act in ,massachusetts permits the appointment of teachers to serve during good behaviour1 but few boards have as yet availed themselves of this law4 ,if the amount of work to be done seems to require it1 the committee appoints a superintendent of schools4 ,he is a sort of lieutenant of the school committee1 and under its general direction carries on the detailed work of supervision4 ,other town officers are the surveyors of highways1 who are responsible for keeping the roads and bridges in repair2 field-drivers and pound-keepers2 fence-viewers2 surveyors of lumber1 measurers of wood1 and sealers of weights and measures4 ,sidenote3 ,field-drivers and pound keepers4 ,the field-driver takes stray animals to the pound1 and then notifies their owner2 or if he does not know who is the owner he posts a description of the animals in some such place as the village store or tavern1 or has it published in the nearest country newspaper4 ,meanwhile the strays are duly fed by the pound-keeper1 who does not let them out of his custody until all expenses have been paid4 ,sidenote3 ,fence-viewers4 ,if the owners of contiguous farms1 gardens1 or fields get into a dispute about their partition fences or walls1 they may apply to one of the fence-viewers1 of whom each town has at least two4 ,the fence-viewer decides the matter1 and charges a small fee for his services4 ,where it is necessary he may order suitable walls or fences to be built4 ,sidenote3 ,other officers4 ,the surveyors of lumber measure and mark lumber offered for sale4 ,the measurers of wood do the same for firewood4 ,the sealers test the correctness of weights and measures used in trade1 and tradesmen are not allowed to use weights and measures that have not been thus officially examined and sealed4 ,measurers and sealers may be appointed by the selectmen4 ,such are the officers always to be found in the ,massachusetts town1 except where the duties of some of them are discharged by the selectmen4 ,of these officers1 the selectmen1 town-clerk1 treasurer1 constable1 school committee1 and assessors must be elected by ballot at the annual town-meeting4 ,sidenote3 ,calling the town-meeting4 ,when this meeting is to be called the selectmen issue a warrant for the purpose1 specifying the time and place of meeting and the nature of the business to be transacted4 ,the constable posts copies of the warrant in divers conspicuous places not less than a week before the time appointed4 ,then1 after making a note upon the warrant that he has duly served it1 he hands it over to the town-clerk4 ,on the appointed day1 when the people have assembled1 the town-clerk calls the meeting to order and reads the warrant4 ,the meeting then proceeds to choose by ballot its presiding officer1 or moderator1 and business goes on in accordance with parliamentary customs pretty generally recognized among all people who speak ,english4 ,sidenote3 ,town1 country1 and state taxes4 ,at this meeting the amount of money to be raised by taxation for town purposes is determined4 ,but1 as we shall see1 every inhabitant of a town lives not only under a town government1 but also under a county government and a state government1 and all these governments have to be supported by taxation4 ,in ,massachusetts the state and the county make use of the machinery of the town government in order to assess and collect their taxes4 ,the total amounts to be raised are equitably divided among the several towns and cities1 so that each town pays its proportionate share4 ,each year1 therefore1 the town assessors know that a certain amount of money must be raised from the taxpayers of their town1--partly for the town1 partly for the county1 partly for the state1--and for the general convenience they usually assess it upon the taxpayers all at once4 ,the amounts raised for the state and county are usually very much smaller than the amount raised for the town4 ,as these amounts are all raised in the town and by town officers1 we shall find it convenient to sum up in this place what we have to say about the way in which taxes are raised4 ,bear in mind that we are still considering the ,new ,england system1 and our illustration is taken from the practice in ,massachusetts4 ,but the general principles of taxation are so similar in the different states that1 although we may now and then have to point to differences of detail1 we shall not need to go over the whole subject again4 ,we have now to observe how and upon whom the taxes are assessed4 ,sidenote3 ,poll-tax4 ,they are assessed partly upon persons1 but chiefly upon property1 and property is divisible into real estate and personal estate4 ,the tax assessed upon persons is called the poll-tax1 and cannot exceed the sum of two dollars upon every male citizen over twenty years old4 ,in cases of extreme poverty the assessors may remit the poll-tax4 ,sidenote3 ,real-estate taxes4 ,as to real estate1 there are in every town some lands and buildings which1 for reasons of public policy1 are exempted from paying taxes2 as1 for example1 churches1 graveyards1 and tombs2 many charitable institutions1 including universities and colleges2 and public buildings which belong to the state or to the ,united ,states4 ,all lands and buildings1 except such as are exempt by law1 must pay taxes4 ,sidenote3 ,taxes on personal property4 ,personal property includes pretty much everything that one can own except lands and buildings1--pretty much everything that can be moved or carried about from one place to another4 ,it thus includes ready money1 stocks and bonds1 ships and wagons1 furniture1 pictures1 and books4 ,it also includes the amount of debts due to a person in excess of the amount that he owes2 also the income from his employment1 whether in the shape of profits from business or a fixed salary4 ,some personal property is exempted from taxation2 as1 for example1 household furniture to the amount of #a1jjj in value1 and income from employment to the extent of #b1jjj4 ,the obvious intent of this exemption is to prevent taxation from bearing too hard upon persons of small means2 and for a similar reason the tools of farmers and mechanics are exempted4#b ,footnote #b3 ,united ,states bonds are also especially exempted from taxation4 ,sidenote3 ,when and where taxes are assessed4 ,the date at which property is annually reckoned for assessment is in ,massachusetts the first day of ,may4 ,the poll-tax is assessed upon each person in the town or city where he has his legal habitation on that day2 and as a general rule the taxes upon his personal property are assessed to him in the same place4 ,but taxes upon lands or buildings are assessed in the city or town where they are situated1 and to the person1 wherever he lives1 who is the owner of them on the first day of ,may4 ,thus a man who lives in the ,berkshire mountains1 say for example in the town of ,lanesborough1 will pay his poll-tax to that town4 ,for his personal property1 whether it he bonds of a railroad in ,colorado1 or shares in a bank in ,new ,york1 or costly pictures in his house at ,lanesborough1 he will likewise pay taxes to ,lanesborough4 ,so for the house in which he lives1 and the land upon which it stands1 he pays taxes to that same town4 ,but if he owns at the same time a house in ,boston1 he pays taxes for it to ,boston1 and if he owns a block of shops in ,chicago he pays taxes for the same to ,chicago4 ,it is very apt to be the case that the rate of taxation is higher in large cities than in villages2 and accordingly it often happens that wealthy inhabitants of cities1 who own houses in some country town1 move into them before the first of ,may1 and otherwise comport themselves as legal residents of the country town1 in order that their personal property may be assessed there rather than in the city4 ,sidenote3 ,tax lists4 ,about the first of ,may the assessors call upon the inhabitants of their town to render a true statement as to their property4 ,the most approved form is for the assessors to send by mail to each taxable inhabitant a printed list of questions1 with blank spaces which he is to fill with written answers4 ,the questions relate to every kind of property1 and when the person addressed returns the list to the assessors he must make oath that to the best of his knowledge and belief his answers are true4 ,he thus becomes liable to the penalties for perjury if he can be proved to have sworn falsely4 ,a reasonable time--usually six or eight weeks--is allowed for the list to be returned to the assessors4 ,if any one fails to return his list by the specified time1 the assessors must make their own estimate of the probable amount of his property4 ,if their estimate is too high1 he may petition the assessors to have the error corrected1 but in many cases it may prove troublesome to effect this4 ,sidenote3 ,cheating the government4 ,observe here an important difference between the imposition of taxes upon real estate and upon personal property4 ,houses and lands cannot run away or be tucked out of sight4 ,their value1 too1 is something of which the assessors can very likely judge as well as the owner4 ,deception is therefore extremely difficult1 and taxation for real estate is pretty fairly distributed among the different owners4 ,with regard to personal estate it is very different4 ,it is comparatively easy to conceal one's ownership of some kinds of personal property1 or to understate one's income4 ,hence the temptation to lessen the burden of the tax bill by making false statements is considerable1 and doubtless a good deal of deception is practised4 ,there are many people who are too honest to cheat individuals1 but still consider it a venial sin to cheat the government4 ,sidenote3 ,the rate of taxation4 ,after the assessors have obtained all their returns they can calculate the total value of the taxable property in the town2 and knowing the amount of the tax to be raised1 it is easy to calculate the rate at which the tax is to be assessed4 ,in most parts of the ,united ,states a rate of one and a half per cent1 or #ae tax on each #a1jjj worth of property1 would be regarded as moderate2 three per cent would be regarded as excessively high4 ,at the lower of these rates a man worth #ej1jjj would pay #gej for his yearly taxes4 ,the annual income of #ej1jjj1 invested on good security1 is hardly more than #b1ejj4 ,obviously #gej is a large sum to subtract from such an income4 ,sidenote3 ,undervaluation4 ,sidenote3 ,the burden of taxation4 ,in point of fact1 however1 the tax is seldom quite as heavy as this4 ,it is not easy to tell exactly how much a man is worth1 and accordingly assessors1 not wishing to be too disagreeable in the discharge of their duties1 have naturally fallen into a way of giving the lower valuation the benefit of the doubt1 until in many places a custom has grown up of regularly undervaluing property for purposes of taxation4 ,very much as liquid measures have gradually shrunk until it takes five quart bottles to hold a gallon1 so there has been a shrinkage of valuations until it has become common to tax a man for only three fourths or perhaps two thirds of what his property is worth in the market4 ,this makes the rate higher1 to be sure1 but the individual taxpayer nevertheless seems to feel relieved by it4 ,allowing for this undervaluation1 we may say that a man worth #ej1jjj commonly pays not less than #ejj for his yearly taxes1 or about one fifth of the annual income of the property4 ,we thus begin to see what a heavy burden taxes are1 and how essential to good government it is that citizens should know what their money goes for1 and should be able to exert some effective control over the public expenditures4 ,where the rate of taxation in a town rises to a very high point1 such as two and a half or three per cent1 the prosperity of the town is apt to be seriously crippled4 ,traders and manufacturers move away to other towns1 or those who would otherwise come to the town in question stay away1 because they cannot afford to use up all their profits in paying taxes4 ,if such a state of things is long kept up1 the spirit of enterprise is weakened1 the place shows signs of untidiness and want of thrift1 and neighbouring towns1 once perhaps far behind it in growth1 by and by shoot ahead of it and take away its business4 ,sidenote3 ,the magic fund delusion4 ,within its proper sphere1 government by town-meeting is the form of government most effectively under watch and control4 ,everything is done in the full daylight of publicity4 ,the specific objects for which public money is to be appropriated are discussed in the presence of everybody1 and any one who disapproves of any of these objects1 or of the way in which it is proposed to obtain it1 has an opportunity to declare his opinions4 ,under this form of government people are not so liable to bewildering delusions as under other forms4 ,i refer especially to the delusion that the ,government is a sort of mysterious power1 possessed of a magic inexhaustible fund of wealth1 and able to do all manner of things for the benefit of the ,people4 ,some such notion as this1 more often implied than expressed1 is very common1 and it is inexpressibly dear to demagogues4 ,it is the prolific root from which springs that luxuriant crop of humbug upon which political tricksters thrive as pigs fatten upon corn4 ,in point of fact no such government1 armed with a magic fund of its own1 has ever existed upon the earth4 ,no government has ever yet used any money for public purposes which it did not first take from its own people1--unless when it may have plundered it from some other people in victorious warfare4 ,the inhabitant of a ,new ,england town is perpetually reminded that the ,government is the ,people4 ,although he may think loosely about the government of his state or the still more remote government at ,washington1 he is kept pretty close to the facts where local affairs are concerned1 and in this there is a political training of no small value4 ,sidenote3 ,educational value of the town-meeting4 ,in the kind of discussion which it provokes1 in the necessity of facing argument with argument and of keeping one's temper under control1 the town-meeting is the best political training school in existence4 ,its educational value is far higher than that of the newspaper1 which1 in spite of its many merits as a diffuser of information1 is very apt to do its best to bemuddle and sophisticate plain facts4 ,the period when town-meetings ware most important from the wide scope of their transactions was the period of earnest and sometimes stormy discussion that ushered in our ,revolutionary war4 ,country towns were then of more importance relatively than now2 one country town--,boston--was at the same time a great political centre2 and its meetings were presided over and addressed by men of commanding ability1 among whom ,samuel ,adams1 the man of the town-meeting1 was foremost#c4 ,in those days great principles of government were discussed with a wealth of knowledge and stated with masterly skill in town-meeting4 ,footnote #c3 ,the phrase is ,professor ,hosmer's3 see his ,samuel ,adams1 the ,man of the ,town ,meeting1 in ,johns ,hopkins ,univ4 ,studies1 vol4 ,,ii4 no4 iv42 also his ,samuel ,adams1 in ,american ,statesmen series2 ,boston1 #ahhe4 ,sidenote3 ,by-laws4 ,the town-meeting is to a very limited extent a legislative body2 it can make sundry regulations for the management of its local affairs4 ,such regulations are known by a very ancient name1 by-laws4 ,by is an ,old ,norse word meaning town1 and it appears in the names of such towns as ,derby and ,whitby in the part of ,england overrun by the ,danes in the ninth and tenth centuries4 ,by-laws are town laws#d4 ,footnote #d3 ,in modern usage the roles and regulations of clubs1 learned societies1 and other associations1 are also called by-laws4 ,sidenote3 ,power and responsibility4 ,in the selectmen and various special officers the town has an executive department2 and here let us observe that1 while these officials are kept strictly accountable to the people1 they are entrusted with very considerable authority4 ,things are not so arranged that an officer can plead that he has failed in his duty from lack of power4 ,there is ample power1 joined with complete responsibility4 ,this is especially to be noticed in the case of the selectmen4 ,they must often be called upon to exercise a wide discretion in what they do1 yet this excites no serious popular distrust or jealousy4 ,the annual election affords an easy means of dropping an unsatisfactory officer4 ,but in practice nothing has been more common than for the same persons to be reelected as selectmen or constables or town-clerks for year after year1 as long as they are able or willing to serve4 ,the notion that there is anything peculiarly ,american or democratic in what is known as rotation in office is therefore not sustained by the practice of the ,new ,england town1 which is the most complete democracy in the world4 ,it is the most perfect exhibition of what ,president ,lincoln called government of the people by the people and for the people4 ,,questions ,,on ,,the ,,text4 #a4 ,what reason exists for beginning the study of government with that of the ,new ,england township8 #b4 ,give the origin of the township in ,new ,england according to the following analysis3-- a4 ,settlement in groups4 b4 ,the chief reason for coming to ,new ,england4 c4 ,the leaders of the groups4 d4 ,the favouring action of the ,massachusetts government4 e4 ,small farms4 f4 ,defence against the ,indians4 g4 ,the limits of a township4 h4 ,the village within the township4 #c4 ,what was the social standing of the first settlers8 #d4 ,what training had they received in self-government8 #e4 ,who do the governing in a ,new ,england township8 #f4 ,give an account of the town-meeting in accordance with the following analysis3-- a4 ,the name of the meeting4 b4 ,the time for holding it4 c4 ,the place for holding it4 d4 ,the persons who take part in it4 e4 ,the sort of business done in it4 #g4 ,give an account of the selectmen3-- a4 ,their number4 b4 ,the reason for an odd number4 c4 ,their duties4 #h4 ,when public schools were established by ,massachusetts in #afdg1 what reasons were assigned for the law8 #i4 ,what classes or grades of schools were then established8 #aj4 ,what are the duties of the ,massachusetts school committee8 #aa4 ,what is the term of service of teachers in that state8 #ab4 ,what are the duties of the following officers8-- a4 ,field-drivers4 b4 ,pound-keepers4 c4 ,fence-viewers4 d4 ,surveyors of lumber4 e4 ,measurers of wood4 f4 ,sealers of weights and measures4 #ac4 ,what are the duties of the following officers8-- a4 ,the town-clerk4 b4 ,the treasurer4 c4 ,constables4 d4 ,assessors4 e4 ,overseers of the poor4 #ad4 ,describe a warrant for a town-meeting4 #ae4 ,for what other purposes than those of the town are taxes raised8 #af4 ,explain the following3-- a4 ,the poll-tax4 b4 ,the tax on personal property1 c4 ,the tax on real estate4 #ag4 ,what kinds of real estate are exempted from taxation1 and why8 #ah4 ,what kinds of personal property are exempted1 and why8 #ai4 ,where must the several kinds of taxes be assessed and paid8 ,illustrate4 #bj4 ,if a person changes his residence from one town in the state to another before ,may #a1 what consequences about taxes might follow8 #ba4 ,how do the assessors ascertain the property for which one should be taxed8 #bb4 ,what difficulties beset the taxation of personal property8 #bc4 ,mention a common practice in assigning values to property4 ,what is the effect on the tax-rate8 ,illustrate4 #bd4 ,how do high taxes operate as a burden8 #be4 ,describe a delusion from which people who directly govern themselves are practically free4 #bf4 ,what is the educational value of the town-meeting8 #bg4 ,what are by-laws8 ,explain the phrase4 #bh4 ,what of the power and responsibility of selectmen8 ,section #b4 ,origin of the ,township4 ,sidenote3 ,town-meetings in ,greece and ,rome4 ,it was said above that government by town-meeting is in principle the oldest form of government known in the world4 ,the student of ancient history is familiar with the comitia of the ,romans and the ecclesia of the ,greeks4 ,these were popular assemblies1 held in those soft climates in the open air1 usually in the market-place1--the ,roman forum1 the ,greek agora4 ,the government carried on in them was a more or less qualified democracy4 ,in the palmy days of ,athens it was a pure democracy4 ,the assemblies which in the ,athenian market-place declared war against ,syracuse1 or condemned ,socrates to death1 were quite like ,new ,england town-meetings1 except that they exercised greater powers because there was no state government above them4 ,sidenote3 ,clans4 ,the principle of the town-meeting1 however1 is older than ,athens or ,rome4 ,long before streets were built or fields fenced in1 men wandered about the earth hunting for food in family parties1 somewhat as lions do in ,south ,africa4 ,such family groups were what we call clans1 and so far as is known they were the earliest form in which civil society appeared on the earth4 ,among all wandering or partially settled tribes the clan is to be found1 and there are ample opportunities for studying it among our ,indians in ,north ,america4 ,the clan usually has a chief or head-man1 useful mainly as a leader in wartime2 its civil government1 crude and disorderly enough1 is in principle a pure democracy4 ,sidenote3 ,the mark and the tun4 ,when our ancestors first became acquainted with ,american ,indians1 the most advanced tribes lived partly by hunting and fishing1 but partly also by raising ,indian corn and pumpkins4 ,they had begun to live in wigwams grouped together in small villages and surrounded by strong rows of palisades for defence4 ,now what these red men were doing our own fair-haired ancestors in northern and central ,europe had been doing some twenty centuries earlier4 ,the ,scandinavians and ,germans1 when first known in history1 had made considerable progress in exchanging a wandering for a settled mode of life4 ,when the clan1 instead of moving from place to place1 fixed upon some spot for a permanent residence1 a village grew up there1 surrounded by a belt of waste land1 or somewhat later by a stockaded wall4 ,the belt of land was called a mark1 and the wall was called a tun4#e ,afterwards the enclosed space came to be known sometimes as the mark1 sometimes as the tun or town4 ,in ,england the latter name prevailed4 ,the inhabitants of a mark or town were a stationary clan4 ,it was customary to call them by the clan name1 as for example the ,beorings or the ,crossings2 then the town would be called ,barrington1 town of the ,beorings1 or ,cressingham1 home of the ,cressings4 ,town names of this sort1 with which the map of ,england is thickly studded1 point us back to a time when the town was supposed to be the stationary home of a clan4 ,footnote #a3 ,pronounced toon4 ,sidenote3 ,the ,old ,english township4 ,sidenote3 ,the manor4 ,the ,old ,english town had its tungemot1 or town-meeting1 in which by-laws were made and other important business transacted4 ,the principal officers were the reeve or head-man1 the beadle or messenger1 and the tithing-man or petty constable4 ,these officers seem at first to have been elected by the people1 but after a while1 as great lordships grew up1 usurping jurisdiction over the land1 the lord's steward and bailiff came to supersede the reeve and beadle4 ,after the ,norman ,conquest the townships1 thus brought under the sway of great lords1 came to be generally known by the ,french name of manors or dwelling places4 ,much might be said about this change1 but here it is enough for us to bear in mind that a manor was essentially a township in which the chief executive officers were directly responsible to the lord rather than to the people4 ,it would be wrong1 however1 to suppose that the manors entirely lost their self-government4 ,even the ancient town-meeting survived in them1 in a fragmentary way1 in several interesting assemblies1 of which the most interesting were the court leet1 for the election of certain officers and the trial of petty offences1 and the court baron1 which was much like a town-meeting4 ,sidenote3 ,the parish4 ,still more of the old self-government would doubtless have survived in the institutions of the manor if it had not been provided for in another way4 ,the parish was older than the manor4 ,after the ,english had been converted to ,christianity local churches were gradually set up all over the country1 and districts called parishes were assigned for the ministrations of the priests4 ,now a parish generally coincided in area with a township1 or sometimes with a group of two or three townships4 ,in the old heathen times each town seems to have had its sacred place or shrine consecrated to some local deity1 and it was a favourite policy with the ,roman missionary priests to purify the old shrine and turn it into a church4 ,in this way the township at the same time naturally became the parish4 ,sidenote3 ,township1 manor1 and parish4 ,sidenote3 ,the vestry-meeting4 ,as we find it in later times1 both before and since the founding of ,english colonies in ,north ,america1 the township in ,england is likely to be both a manor and a parish4 ,for some purposes it is the one1 for some purposes it is the other4 ,the townsfolk may be regarded as a group of tenants of the lord's manor1 or as a group of parishioners of the local church4 ,in the latter aspect the parish retained much of the self-government of the ancient town4 ,the business with which the lord was entitled to meddle was strictly limited1 and all other business was transacted in the vestry-meeting1 which was practically the old town-meeting under a new name4 ,in the course of the thirteenth century we find that the parish had acquired the right of taxing itself for church purposes4 ,money needed for the church was supplied in the form of church-rates voted by the ratepayers themselves in the vestry-meeting1 so called because it was originally held in a room of the church in which vestments were kept4 ,sidenote3 ,parish officers4 ,the officers of the parish were the constable1 the parish and vestry clerks1#f the beadle1#g the waywardens or surveyors of highways1 the haywards or fence-viewers1 the common drivers1 the collectors of taxes1 and at the beginning of the seventeenth century overseers of the poor were added4 ,there were also churchwardens1 usually two for each1 parish4 ,their duties were primarily to take care of the church property1 assess the rates1 and call the vestry-meetings4 ,they also acted as overseers of the poor1 and thus in several ways remind one of the selectmen of ,new ,england4 ,the parish officers were all elected by the ratepayers assembled in vestry-meeting1 except the common driver and hayward1 who were elected by the same ratepayers assembled in court leet4 ,besides electing parish officers and granting the rates1 the vestry-meeting could enact by-laws2 and all ratepayers had an equal voice in its deliberations4 ,footnote #f3 ,of these two officers the vestry clerk is the counterpart of the ,new ,england town-clerk4 ,footnote #g3 ,originally a messenger or crier1 the beadle came to assume some of the functions of the tithing-man or petty constable1 such as keeping order in church1 punishing petty offenders1 waiting on the clergyman1 etc4 ,in ,new ,england towns there were formerly officers called tithing-men1 who kept order in church1 arrested tipplers1 loafers1 and ,sabbath-breakers1 etc4 ,sidenote3 ,the transition from ,england to ,new ,england4 ,during the last two centuries the constitution of the ,english parish has undergone some modifications which need not here concern us4 ,the ,puritans who settled in ,new ,england had grown up under such parish government as is here described1 and they were used to hearing the parish called1 on some occasions and for some purposes1 a township4 ,if we remember now that the earliest ,new ,england towns were founded by church congregations1 led by their pastors1 we can see how town government in ,new ,england originated4 ,it was simply the ,english parish government brought into a new country and adapted to the new situation4 ,part of this new situation consisted in the fact that the lords of the manor were left behind4 ,there was no longer any occasion to distinguish between the township as a manor and the township as a parish2 and so1 as the three names had all lived on together1 side by side1 in ,england1 it was now the oldest and most generally descriptive name1 township1 that survived1 and has come into use throughout a great part of the ,united ,states4 ,the townsfolk went on making by-laws1 voting supplies of public money1 and electing their magistrates in ,america1 after the fashion with which they had for ages been familiar in ,england4 ,some of their offices and customs were of hoary antiquity4 ,if age gives respectability1 the office of constable may vie with that of king2 and if the annual town-meeting is usually held in the month of ,march1 it is because in days of old1 long before ,magna ,charta was thought of1 the rules and regulations for the village husbandry were discussed and adopted in time for the spring planting4 ,sidenote3 ,building up states4 ,to complete our sketch of the origin of the ,new ,england town1 one point should here be briefly mentioned in anticipation of what will have to be said hereafter2 but it is a point of so much importance that we need not mind a little repetition in stating it4 ,sidenote3 ,representation4 ,we have seen what a great part taxation plays in the business of government1 and we shall presently have to treat of county1 state1 and federal governments1 all of them wider in their sphere than the town government4 ,in the course of history1 as nations have gradually been built up1 these wider governments have been apt to absorb or supplant and crush the narrower governments1 such as the parish or township2 and this process has too often been destructive to political freedom4 ,such a result is1 of course1 disastrous to everybody2 and if it were unavoidable1 it would be better that great national governments need never be formed4 ,but it is not unavoidable4 ,there is one way of escaping it1 and that is to give the little government of the town some real share in making up the great government of the state4 ,that is not an easy thing to do1 as is shown by the fact that most peoples have failed in the attempt4 ,the people who speak the ,english language have been the most successful1 and the device by which they have overcome the difficulty is ,,representation4 ,the town sends to the wider government a delegation of persons who can represent the town and its people4 ,they can speak for the town1 and have a voice in the framing of laws and imposition of taxes by the wider government4 ,sidenote3 ,shire-motes4 ,sidenote3 ,earl ,simon's ,parliament4 ,in ,english townships there has been from time immemorial a system of representation4 ,long before ,alfred's time there were shire-motes1 or what were afterwards called county meetings1 and to these each town sent its reeve and four discreet men as representatives4 ,thus to a certain extent the wishes of the townsfolk could be brought to bear upon county affairs4 ,by and by this method was applied on a much wider scale4 ,it was applied to the whole kingdom1 so that the people of all its towns and parishes succeeded in securing a representation of their interests in an elective national council or ,house of ,commons4 ,this great work was accomplished in the thirteenth century by ,simon de ,montfort1 ,earl of ,leicester1 and was completed by ,edward ,i4 ,simon's parliament1 the first in which the ,commons were fully represented1 was assembled in #abfe2 and the date of ,edward's parliament1 which has been called the ,model ,parliament1 was #abie4 ,these dates have as much interest for ,americans as for ,englishmen1 because they mark the first definite establishment of that grand system of representative government which we are still carrying on at our various state capitals and at ,washington4 ,for its humble beginnings we have to look back to the reeve and four sent by the ancient townships to the county meetings4 ,sidenote3 ,township as unit of representation4 ,the ,english township or parish was thus at an early period the unit of representation in the government of the county4 ,it was also a district for the assessment and collection of the national taxes2 in each parish the assessment was made by a board of assessors chosen by popular vote4 ,these essential points reappear in the early history of ,new ,england4 ,the township was not only a self-governing body1 but it was the unit of representation in the colonial legislature1 or ,general ,court2 and the assessment of taxes1 whether for town purposes or for state purposes1 was made by assessors elected by the townsfolk4 ,in its beginnings and fundamentals our political liberty did not originate upon ,american soil1 but was brought hither by our forefathers the first settlers4 ,they brought their political institutions with them as naturally as they brought their language and their social customs4 ,sidenote3 ,the ,russian village community2 not represented in the national government4 ,observe now that the township is to be regarded in two lights4 ,it must be considered not only in itself1 but as part of a greater whole4 ,we began by describing it as a self-governing body1 but in order to complete our sketch we were obliged to speak of it as a body which has a share in the government of the state and the nation4 ,the latter aspect is as important as the former4 ,if the people of a town had only the power of managing their local affairs1 without the power of taking part in the management of national affairs1 their political freedom would be far from complete4 ,in ,russia1 for example1 the larger part of the vast population is resident in village communities which have to a considerable extent the power of managing their local affairs4 ,such a village community is called a mir1 and like the ,english township it is lineally descended from the stationary clan4 ,the people of the ,russian mir hold meetings in which they elect sundry local officers1 distribute the burden of local taxation1 make regulations concerning local husbandry and police1 and transact other business which need not here concern us4 ,but they have no share in the national government1 and are obliged to obey laws which they have no voice in making1 and pay taxes assessed upon them without their consent2 and accordingly we say with truth that the ,russian people do not possess political freedom4 ,one reason for this has doubtless been that in times past the ,russian territory was the great frontier battle-ground between civilized ,europe and the wild hordes of western ,asia1 and the people who lived for ages on that turbulent frontier were subjected to altogether too much conquest4 ,they have tasted too little of civil government and too much of military government1--a pennyworth of wholesome bread to an intolerable deal of sack4 ,the early ,english1 in their snug little corner of the world1 belted by salt sea1 were able to develop their civil government with less destructive interference4 ,they made a sound and healthful beginning when they made the township the unit of representation for the county4 ,then the township1 besides managing its own affairs1 began to take part in the management of wider affairs4 ,,questions ,,on ,,the ,,text4 ,,suggestive ,,questions ,,and ,,directions4 #a4 ,obtain the following documents3-- a4 ,a town warrant4 b4 ,a town report4 c4 ,a tax bill1 a permit1 a certificate1 or any town paper that has or may have an official signature4 d4 ,a report of the school committee4 ,if you live in a city1 send to the clerk of a neighbouring town for a warrant1 inclosing a stamp for the reply4 ,city documents will answer most of the purposes of this exercise4 ,make any of the foregoing documents the basis of a report4 #b4 ,give an account of the following3-- a4 ,the various kinds of taxes raised in your town1 the amount of each kind1 the valuation1 the rate1 the proposed use of the money1 etc4 b4 ,the work of any department of the town government for a year1 as1 for example1 that of the overseers of the poor4 c4 ,any pressing need of your town1 public sentiment towards it1 the probable cost of satisfying it1 the obstacles in the way of meeting it1 etc4 #c4 ,a good way to arouse interest in the subject of town government is to organize the class as a town-meeting1 and let it discuss live local questions in accordance with articles in a warrant4 ,for helpful details attend a town-meeting1 read the record of some meeting1 consult some person familiar with town proceedings1 or study the ,general ,statutes4 ,to insure a discussion1 it may be necessary at the outset for the teacher to assign to the several pupils single points to be expanded and presented in order4 ,there is an advantage in the teacher's serving as moderator4 ,he may1 as teacher1 pause to give such directions and explanations as may be helpful to young citizens4 ,the pupils should be held up to the more obvious requirements of parliamentary law1 and shown how to use its rules to accomplish various purposes4 #d4 ,has the state a right to direct the education of its youth8 ,if the state has such a right1 are there any limits to the exercise of it8 ,does the right to direct the education of its youth carry with it the right to abolish private schools8 #e4 ,is it wise to assist private educational institutions with public funds8 #f4 ,ought teachers1 if approved1 to be appointed for one year only1 or during good behaviour8 #g4 ,what classes of officers in a town should serve during good behaviour8 ,what classes may be frequently changed without injury to the public8 #h4 ,compare the school committee in your own state 7if it is not ,massachusetts7 with that in ,massachusetts4 #i4 ,illustrate from personal knowledge the difference between real estate and personal property4 #aj4 ,a loans ,b #ajjj4 ,may ,a be taxed for the #ajjj8 ,why8 ,may ,b be taxed for the #ajjj8 ,why8 ,is it right to tax both for #ajjj8 ,suppose ,b with the money buys goods of ,c4 ,is it right to tax the three for #ajjj each8 #aa4 ,a taxpayer worth #ajj1jjj in personal property makes no return to the assessors4 ,in their ignorance the assessors tax him for #ej1jjj only1 and the tax is paid without question4 ,does the taxpayer act honourably8 #ab4 ,what difficulties beset the work of the assessors8 #ac4 ,would anything be gained by exempting personal property from taxation8 ,if so1 what8 ,would anything be lost8 ,if so1 what8 #ad4 ,does any one absolutely escape taxation8 #ae4 ,does the poll-tax payer pay1 in any sense1 more than his poll-tax8 #af4 ,are there any taxes that people pay without seeming to know it8 ,if so1 what8 7,see below1 chap4 viii4 section #h474 #ag4 ,have we clans to-day among ourselves8 7,think of family reunions1 people of the same name in a community1 descendants of early settlers1 etc474 ,what important differences exist between these modern so-called clans and the ancient ones8 #ah4 ,what is a clannish spirit8 ,is it a good spirit or a bad one8 ,is it ever the same as patriotism8 #ai4 ,look up the meaning of ham1 wick1 and stead4 ,think of towns whose names contain these words2 also of towns whose names contain the word tun or ton or town4 #bj4 ,give an account of the tithing-man in early ,new ,england4 #ba4 ,in what sense is the word parish commonly used in the ,united ,states8 ,is the parish the same as the church8 ,has it any limits of territory8 #bb4 ,in ,massachusetts1 clergymen were formerly paid out of the taxes of the township4 ,how did this come about8 ,in this practice was there a union or a separation of church and state8 #bc4 ,ministers are not now supported by taxation in the ,united ,states4 ,what important change in the parish idea does this fact indicate8 ,is it a change for the better8 #bd4 ,are women who do not vote represented in town government8 #be4 ,are boys and girls represented in town government8 #bf4 ,is there anybody in a town who is not represented in its government8 #bg4 ,how are citizens of a town represented in state government8 #bh4 ,how are citizens of a town represented in the national government8 #bi4 ,imagine a situation in which the ballot of a single voter in a town might affect the action of the national government4 ,,bibliographical ,,note4 ,section #a4 ,,the ,,new ,,england ,,township4 ,there is a good account in ,martin's ,text ,book on ,civil ,government in the ,united ,states4 ,n4 ,t4 ,chicago1 #ahge4 ,section #b4 ,,origin ,,of ,,the ,,township4 ,here the ,johns ,hopkins ,university ,studies in ,historical and ,political ,science1 edited by ,dr4 ,herbert ,adams1 are of great value4 ,note especially series ,i1 no4 i1 ,e4 ,a4 ,freeman1 ,introduction to ,american ,institutional ,history2 ,i41 ii4 iv4 viii4 ix4-x4 ,h4 ,b4 ,adams1 ,the ,germanic ,origin of ,new ,england ,towns1 ,saxon ,tithing-,men in ,america1 ,norman ,constables in ,america1 ,village ,communities of ,cape ,ann and ,salem2 ,,ii41 x4 ,edward ,channing1 ,town and ,county ,government in the ,english ,colonies of ,north ,america2 ,,iv41 xi4-xii4 ,melville ,egleston1 ,the ,land ,system of the ,new ,england ,colonies2 ,,vii41 vii4-ix4 ,c4 ,m4 ,andrews1 ,the ,river ,towns of ,connecticut4 ,see also ,howard's ,local ,constitutional ,history of the ,united ,states1 vol4 i4 ,township1 ,hundred1 and ,shire1 ,baltimore1 #ahhi1 a work of extraordinary merit4 ,the great book on local self-government in ,england is ,toulmin ,smith's ,the ,parish1 #b;d ed41 ,london1 #ahei4 ,for the ancient history of the township1 see ,gomme's ,primitive ,folk-,moots1 ,london1 #ahhj2 ,gomme's ,village ,community1 ,london1 #ahij2 ,seebohm's ,english ,village ,community1 ,london1 #ahhc2 ,nasse's ,agricultural ,community of the ,middle ,ages1 ,london1 #ahgb2 ,laveleye's ,primitive ,property1 ,london1 #ahgh2 ,phear's ,aryan ,village in ,india and ,ceylon1 ,london1 #ahhj2 ,hearn 7of the ,university of ,melbourne1 ,australia71 ,the ,aryan ,household1 ,london ,melbourne1 #ahgi2 and the following works of ,sir ,henry ,maine3 ,ancient ,law1 ,london1 #ahfa2 ,village ,communities in the ,east and ,west1 ,london1 #ahga2 ,early ,history of ,institutions1 ,london1 #ahge2 ,early ,law and ,custom1 ,london1 #ahhc4 ,all of ,maine's works are republished in ,new ,york4 ,see also my ,american ,political ,ideas1 ,n4 ,y41 #ahhe4 ,gomme's ,literature of ,local ,institutions1 ,london1 #ahhf1 contains an extensive bibliography of the subject1 with valuable critical notes and comments4 ,,chapter ,,iii4 ,,the ,,county4 ,section #a4 ,the ,county in its ,beginnings4 ,it is now time for us to treat of the county1 and we may as well begin by considering its origin4 ,in treating of the township we began by sketching it in its fullest development1 as seen in ,new ,england4 ,with4 the county we shall find it helpful to pursue a different method and start at the beginning4 ,if we look at the maps of the states which make up our ,union1 we see that they are all divided into counties 7except that in ,louisiana the corresponding divisions are named parishes74 ,the map of ,england shows that country as similarly divided into counties4 ,sidenote3 ,why do we have counties8 ,if we ask why this is so1 some people will tell us that it is convenient1 for purposes of administration1 to have a state1 or a kingdom1 divided into areas that are larger than single towns4 ,there is much truth in this4 ,it is convenient4 ,if it were not so1 counties would not have survived1 so as to make a part of our modern maps4 ,nevertheless1 this is not the historic reason why we have the particular kind of subdivisions known as counties4 ,we have them because our fathers and grandfathers had them2 and thus1 if we would find out the true reason1 we may as well go back to the ancient times when our forefathers were establishing themselves in ,england4 ,sidenote3 ,clans and tribes4 ,we have seen how the clan of our barbarous ancestors1 when it became stationary1 was established as the town or township4 ,but in those early times clans were generally united more or less closely into tribes4 ,among all primitive or barbarous races of men1 so far as we can make out1 society is organized in tribes1 and each tribe is made up of a number of clans or family groups4 ,now when our ,english forefathers conquered ,britain they settled there as clans and also as tribes4 ,the clans became townships1 and the tribes became shires or counties2 that is to say1 the names were applied first to the people and afterwards to the land they occupied4 ,a few of the oldest county names in ,england still show this plainly4 ,essex1 ,middlesex1 and ,sussex were originally ,east ,saxons1 ,middle ,saxons1 and ,south ,saxons2 and on the eastern coast two tribes of ,angles were distinguished as ,north folk and ,south folk1 or ,norfolk and ,suffolk4 ,when you look on the map and see the town of ,icklinghiam in the county of ,suffolk1 it means that this place was once known as the home of the ,icklings or children of ,ickel1 a clan which formed part of the tribe of ,south folk4 ,sidenote3 ,the ,english nation1 like the ,american1 grew out of the union of small states4 ,in those days there was no such thing as a ,kingdom of ,england2 there were only these groups of tribes living side by side4 ,each tribe had its leader1 whose title was ealdorman or elder man4 #a ,after a while1 as some tribes increased in size and power1 their ealdormen took the title of kings4 ,the little kingdoms coincided sometimes with a single shire1 sometimes with two or more shires4 ,thus there was a kingdom of ,kent1 and the ,north and ,south ,folk were combined in a kingdom of ,east ,anglia4 ,in course of time numbers of shires combined into larger kingdoms1 such as ,northumbria1 ,mercia1 and the ,west ,saxons2 and finally the king of the ,west ,saxons became king of all ,england1 and the several shires became subordinate parts or shares of the kingdom4 ,in ,england1 therefore1 the shires are older than the nation4 ,the shires were not made by dividing the nation1 but the nation was made by uniting the shires4 ,the ,english nation1 like the ,american1 grew out of the union of little states that had once been independent of one another1 but had many interests in common4 ,for not less than three hundred years after all ,england had been united under one king1 these shires retained their self-government almost as completely as the several states of the ,american ,union4#b ,a few words about their government will not be wasted1 for they will help to throw light upon some things that still form a part of our political and social life4 ,footnote #a3 ,the pronunciation1 was probably something like ywl-dor-man4 ,footnote #b3 ,chalmers1 ,local ,government1 p4 #ij4 ,sidenote3 ,shire-mote1 ealdorman1 and sheriff4 ,the shire was governed by the shire-mote 7i4e4 meeting71 which was a representative body4 ,lords of lands1 including abbots and priors1 attended it1 as well as the reeve and four selected men from each township4 ,there were thus the germs of both the kind of representation that is seen in the ,house of ,lords and the much more perfect kind that is seen in the ,house of ,commons4 ,after a while1 as cities and boroughs grew in importance1 they sent representative burghers to the shire-mote4 ,there were two presiding officers2 one was the ealdorman1 who was now appointed by the king2 the other was the shire-reeve 7i4e4 sheriff71 who was still elected by the people and generally held office for life4 ,sidenote3 ,the county court4 ,this shire-mote was both a legislative body and a court of justice4 ,it not only made laws for the shire1 but it tried civil and criminal causes4 ,after the ,norman ,conquest some changes occurred4 ,the shire now began to be called by the ,french name county1 because of its analogy to the small pieces of territory on the ,continent that were governed by counts4 #c ,the shire-mote became known as the county court1 but cases coming before it were tried by the king's justices in eyre1 or circuit judges1 who went about from county to county to preside over the judicial work4 ,the office of ealdorman became extinct4 ,the sheriff was no longer elected by the people for life1 but appointed by the king for the term of one year4 ,this kept him strictly responsible to the king4 ,it was the sheriff's duty to see that the county's share of the national taxes was duly collected and paid over to the national treasury4 ,the sheriff also summoned juries and enforced the judgments of the courts1 and if he met with resistance in so doing he was authorized to call out a force of men1 known as the posse comitatus 7i4e4 power of the county71 and overcome all opposition4 ,another county officer was the coroner1 or crowner1#d so called because originally 7in ,alfred's time7 he was appointed by the king1 and was especially the crown officer in the county4 ,since the time of ,edward ,i41 however1 coroners have been elected by the people4 ,originally coroners held small courts of inquiry upon cases of wreckage1 destructive fires1 or sudden death1 but in course of time their jurisdiction became confined to the last-named class of cases4 ,if a death occurred under circumstances in any way mysterious or likely to awaken suspicion1 it was the business of the coroner1 assisted by not less than twelve jurors 7i4 e1 sworn men71 to hold an inquest for the purpose of ascertaining the cause of death4 ,the coroner could compel the attendance of witnesses and order a medical examination of the body1 and if there were sufficient evidence to charge any person with murder or manslaughter1 the coroner could have such person arrested and committed for trial4 ,footnote #c3 ,originally comites1 or companions of the king4 ,footnote #d3 ,this form of the word1 sometimes supposed to be a vulgarism1 is as correct as the other4 ,see ,skeat1 ,etym4 ,dict41 s4v4 ,sidenote3 ,justices of the peace4 ,sidenote3 ,the ,quarter sessions4 ,sidenote3 ,the lord-lieutenant4 ,another important county officer was the justice of the peace4 ,originally six were appointed by the crown in each county1 but in later times any number might be appointed4 ,the office was created by a series of statutes in the reign of ,edward ,,iii41 in order to put a stop to the brigandage which still flourished in ,england2 it was a common practice for robbers to seize persons and hold them for ransom4#e ,by the last of these statutes1 in #acfb1 the justices of the peace in each county were to hold a court four times in the year4 ,the powers of this court1 which came to be known as the ,quarter ,sessions1 were from time to time increased by act of parliament1 until it quite supplanted the old county court4 ,in modern times the ,quarter ,sessions has become an administrative body quite as much as a court4 ,the justices1 who receive no salary1 hold office for life1 or during good behaviour4 ,they appoint the chief constable of the county1 who appoints the police4 ,they also take part in the supervision of highways and bridges1 asylums and prisons4 ,since the reign of ,henry ,,viii41 the ,english county has had an officer known as the lord-lieutenant1 who was once leader of the county militia1 but whose functions to-day are those of keeper of the records and principal justice of the peace4 ,footnote #e3 ,longman's ,life and ,times of ,edward ,,iii41 vol4 i4 p4 #cja4 ,sidenote3 ,beginnings of ,massachusetts counties4 ,during the past five hundred years the ,english county has gradually sunk from a self-governing community into an administrative district2 and in recent times its boundaries have been so crossed and crisscrossed with those of other administrative areas1 such as those of school-boards1 sanitary boards1 etc41 that very little of the old county is left in recognizable shape4 ,most of this change has been effected since the ,tudor period4 ,the first ,english settlers in ,america were familiar with the county as a district for the administration of justice1 and they brought with them coroners1 sheriffs1 and quarter sessions4 ,in #afce the ,general ,court of ,massachusetts appointed four towns--,boston1 ,cambridge1 ,salem1 and ,ipswich--as places where courts should be held quarterly4 ,in #afdc the colony1 which then included as much of ,new ,hampshire as was settled1 was divided into four shires1--,suffolk1 ,essex1 ,middlesex1 and ,norfolk1 the latter lying then to the northward and including the ,new ,hampshire towns4 ,the militia was then organized1 perhaps without consciousness of the analogy1 after a very old ,english fashion2 the militia of each town formed a company1 and the companies of the shire formed a regiment4 ,the county was organized from the beginning as a judicial district1 with its court-house1 jail1 and sheriff4 ,after #afig the court1 held by the justices of the peace1 was called the ,court of ,general ,sessions4 ,it could try criminal causes not involving the penalty of death or banishment1 and civil causes in which the value at stake was less than forty shillings4 ,it also had control over highways going from town to town2 and it apportioned the county taxes among the several towns4 ,the justices and sheriff were appointed by the governor1 as in ,england by the king4 ,,questions ,,on ,,the ,,text4 #a4 ,why do we have counties in the ,united ,states8 ,contrast the popular reason with the historic4 #b4 ,what relation did the tribe hold to the clan among our ancestors8 #c4 ,in time what did the clans and the tribes severally become8 #d4 ,show how old county names in ,england throw light on the county development4 #e4 ,trace the growth of the ,english nation in accordance with the following outline3-- a4 ,each tribe and its leader1 b4 ,a powerful tribe and its leader4 c4 ,the relation of a little kingdom to the shire4 d4 ,the final union under one king4 e4 ,the relative ages of the shire and the nation4 #f4 ,give an account 7#a7 of the shire-mote1 7#b7 of the two kinds of representation in it1 7#c7 of its presiding officers1 and 7#d7 of its two kinds of duties4 #g4 ,let the pupil make written analyses or outlines of the following topics1 to be used by him in presenting the topics orally1 or to be passed in to the teacher3-- a4 ,what changes took place in the government of the shire after the ,norman ,conquest8 b4 ,trace the development of the coroner's office4 c4 ,give an account of the justices of the peace and the courts held by them4 d4 ,show what applications the ,english settlers in ,massachusetts made of their knowledge of the ,english county4 ,section #b4 ,the ,modern ,county in ,massachusetts4 ,the modern county system of ,massachusetts may now be very briefly described4 ,the county1 like the town1 is a corporation2 it can hold property and sue or be sued4 ,it builds the court-house and jail1 and keeps them in repair4 ,the town in which these buildings are placed is called1 as in ,england1 the shire town4 ,sidenote3 ,county commissioners4 ,in each county there are three commissioners1 elected by the people4 ,their term of service is three years1 and one goes out each year4 ,these commissioners represent the county in law-suits1 as the selectmen represent the town4 ,they apportion the county taxes among the towns2 lay out1 alter1 and discontinue highways within the county2 have charge of houses of correction2 and erect and keep in repair the county buildings4#f ,footnote #f3 ,martin's ,civil ,government1 p4 #aig4 ,sidenote3 ,county treasurer4 ,the revenues of the county are derived partly from taxation and partly from the payment of fines and costs in the courts4 ,these revenues are received and disbursed by the county treasurer1 who is elected by the people for a term of three years4 ,sidenote3 ,courts4 ,the ,superior ,court of the state holds at least two sessions annually in each county1 and tries civil and criminal causes4 ,there is also in each county a probate court with jurisdiction over all matters relating to wills1 administration of estates1 and appointment of guardians2 it also acts as a court of insolvency4 ,the custody of wills and documents relating to the business of this court is in the hands of an officer known as the register of probate1 who is elected by the people for a term of five years4 ,sidenote3 ,shire town and court-house4 ,to preserve the records of all land-titles and transfers of land within the county1 all deeds and mortgages are registered in an office in the shire town1 usually within or attached to the court ,the register of deeds is an officer elected by the people for a term of three years4 ,in counties where there is much business there may be more than one4 ,sidenote3 ,justices of the peace4 ,justices of the peace are appointed by the governor for a term of seven years1 and the appointment may be renewed4 ,their functions have been greatly curtailed1 and now amount to little more than administering oaths1 and in some cases issuing warrants and taking bail4 ,they may join persons in marriage1 and1 when specially commissioned as trial justices1 have criminal jurisdiction over sundry petty offences4 ,sidenote3 ,the ,sheriff4 ,the sheriff is elected by the people for a term of three years4 ,he may appoint deputies1 for whom he is responsible1 to assist him in his work4 ,he must attend all county courts1 and the meetings of the county commissioners whenever required4 ,he must inflict1 either personally or by deputy1 the sentence of the court1 whether it be fine1 imprisonment1 or death4 ,he is responsible for the preservation of the peace within the county1 and to this end must pursue criminals and may arrest disorderly persons4 ,if he meets with resistance he may call out the posse comitatus2 if the resistance grows into insurrection he may apply to the governor and obtain the aid of the state militia2 if the insurrection proves too formidable to be thus dealt with1 the governor may in his behalf apply to the president of the ,united ,states for aid from the regular army4 ,in this way the force that may be drawn upon1 if necessary1 for the suppression of disorder in a single locality1 is practically unlimited and irresistible4 ,we have now obtained a clear outline view of the township and county in themselves and in their relation to one another1 with an occasional glimpse of their relation to the state2 in so far1 at least1 as such a view can be gained from a reference to the history of ,england and of ,massachusetts4 ,we must next trace the development of local government in other parts of the ,united ,states2 and in doing so we can advance at somewhat quicker pace1 not because our subject becomes in any wise less important or less interesting1 but because we have already marked out the ground and said things of general application which will not need to be said over again4 ,,questions ,,on ,,the ,,text4 ,give an account of the modern county in ,massachusetts under the following heads3-- #a4 ,the county a corporation4 #b4 ,the county commissioners and their duties4 #c4 ,the county treasurer and his duties4 #d4 ,the courts held in a county4 #e4 ,the shire town and the court-house4 #f4 ,the register of deeds and his duties4 #g4 ,justices of the peace and trial justices4 #h4 ,the sheriff and his duties4 #i4 ,the force at the sheriff's disposal to suppress disorder4 ,section #c4 ,the ,old ,virginia ,county4 ,by common consent of historians1 the two most distinctive and most characteristic lines of development which ,english forms of government have followed1 in propagating themselves throughout the ,united ,states1 are the two lines that have led through ,new ,england on the one hand and through ,virginia on the other4 ,we have seen what shape local government assumed in ,new ,england2 let us now observe what shape it assumed in the ,old ,dominion4 ,sidenote3 ,virginia sparsely settled4 ,the first point to be noticed in the early settlement of ,virginia is that people did not live so near together as in ,new ,england4 ,this was because tobacco1 cultivated on large estates1 was a source of wealth4 ,tobacco drew settlers to ,virginia as in later days gold drew settlers to ,california and sparsely ,australia4 ,they came not in organized groups or congregations1 but as a multitude of individuals4 ,land was granted to individuals1 and sometimes these grants were of enormous extent4 ,john ,bolling1 who died in #ageg1 left an estate of #dj1jjj acres1 and this is not mentioned as an extraordinary amount of land for one man to own4#g ,from an early period it was customary to keep these great estates together by entailing them1 and this continued until entails were abolished in #aggf through the influence of ,thomas ,jefferson4 ,footnote #g3 ,edward ,channing1 ,town and ,county ,government1 in ,johns ,hopkins ,university ,studies1 vol4 ii4 p4 #dfg4 ,sidenote3 ,absence of towns4 ,a glance at the map of ,virginia shows to what a remarkable degree it is intersected by navigable rivers4 ,this fact made it possible for plantations1 even at a long distance from the coast1 to have each its own private wharf1 where a ship from ,england could unload its cargo of tools1 cloth1 or furniture1 and receive a cargo of tobacco in return4 ,as the planters were thus supplied with most of the necessaries of life1 there was no occasion for the kind of trade that builds up towns4 ,even in comparatively recent times the development of town life in ,virginia has been very slow4 ,in #ahhj1 out of #bdf cities and towns in the ,united ,states with a population exceeding #aj1jjj1 there were only six in ,virginia4 ,sidenote3 ,slavery ,the cultivation of tobacco upon large estates caused a great demand for cheap labour1 and this was supplied partly by bringing negro slaves from ,africa1 partly by bringing criminals from ,english jails4 ,the latter were sold into slavery for a limited term of years1 and were known as indentured white servants4 ,so great was the demand for labour that it became customary to kidnap poor friendless wretches on the streets of seaport towns in ,england and ship them off to ,virginia to be sold into servitude4 ,at first these white servants were more numerous than the negroes1 but before the end of the seventeenth century the blacks had come to be much the more numerous4 ,sidenote3 ,social position of settlers4 ,in this rural community the owners of plantations came from the same classes of society as the settlers of ,new ,england2 they were for the most part country squires and yeomen4 ,but while in ,new ,england there was no lower class or society sharply marked off from the upper1 on the other hand in ,virginia there was an insurmountable distinction between the owners of plantations and the so-called mean whites or white trash4 ,this class was originally formed of men and women who had been indentured white servants1 and was increased by such shiftless people as now and then found their way to the colony1 but could not win estates or obtain social recognition4 ,with such a sharp division between classes1 an aristocratic type of society was developed in ,virginia as naturally as a democratic type was developed in ,new ,england4 ,sidenote3 ,virginia parishes4 ,sidenote3 ,the vestry of a close corporation4 ,in ,virginia there were no town-meetings4 ,the distances between plantations cooperated with the distinction between classes to prevent the growth of such an institution4 ,the ,english parish1 with its churchwardens and vestry and clerk1 was reproduced in ,virginia under the same name1 but with some noteworthy peculiarities4 ,if the whole body of ratepayers had assembled in vestry meeting1 to enact by-laws and assess taxes1 the course of development would have been like that of the ,new ,england town-meeting4 ,but instead of this the vestry1 which exercised the chief authority in the parish1 was composed of twelve chosen men4 ,this was not government by a primary assembly1 it was representative government4 ,at first the twelve vestrymen were elected by the people of the parish1 and thus resembled the selectmen of ,new ,england2 but after a while they obtained the power of filling vacancies in their own number1 so that they became what is called a close corporation1 and the people had nothing to do with choosing them4 ,strictly speaking1 that was not representative government2 it was a step on the road that leads towards oligarchical or despotic government4 ,sidenote3 ,powers of the vestry4 ,it was the vestry1 thus constituted1 that apportioned the parish taxes1 appointed the churchwardens1 presented the minister for induction into office1 and acted as overseers of the poor4 ,the minister presided in all vestry meetings4 ,his salary was paid in tobacco1 and in #afif it was fixed by law at #af1jjj pounds of tobacco yearly4 ,in many parishes the churchwardens were the collectors of the parish taxes4 ,the other officers1 such as the sexton and the parish clerk1 were appointed either by the minister or by the vestry4 ,with the local government thus administered1 we see that the larger part of the people had little directly to do4 ,nevertheless in these small neighbourhoods government was in full sight of the people4 ,its proceedings went on in broad daylight and were sustained by public sentiment4 ,as ,jefferson said1 ,the vestrymen are usually the most discreet farmers1 so distributed through the parish that every part of it may be under the immediate eye of some one of them4 ,they are well acquainted with the details and economy of private life1 and they find sufficient inducements to execute their charge well1 in their philanthropy1 in the approbation of their neighbours1 and the distinction which that gives them4 #h ,footnote #h3 ,see ,howard1 ,local ,constitutional ,history of the ,united ,states1 vol4 i4 p4 #abb4 ,sidenote3 ,the county was the unit of representation4 ,the difference1 however1 between the ,new ,england township and the ,virginia parish1 in respect of self-government1 was striking enough4 ,we have now to note a further difference4 ,in ,new ,england1 as we have seen1 the township was the unit of representation in the colonial legislature2 but in ,virginia the parish was not the unit of representation4 ,the county was that unit4 ,in the colonial legislature of ,virginia the representatives sat not for parishes1 but for counties4 ,the difference is very significant4 ,as the political life of ,new ,england was in a manner built up out of the political life of the towns1 so the political life of ,virginia was built up out of the political life of the counties4 ,this was partly because the vast plantations were not grouped about a compact village nucleus like the small farms at the ,north1 and partly because there was not in ,virginia that ,puritan theory of the church according to which each congregation is a self-governing democracy4 ,the conditions which made the ,new ,england town-meeting were absent4 ,the only alternative was some kind of representative government1 and for this the county was a small enough area4 ,the county in ,virginia was much smaller than in ,massachusetts or ,connecticut4 ,in a few instances the county consisted of only a single parish2 in some cases it was divided into two parishes1 but oftener into three or more4 ,sidenote3 ,the county court was virtually a close corporation4 ,in ,virginia1 as in ,england and in ,new ,england1 the county was an area for the administration of justice4 ,there were usually in each county eight justices of the peace1 and their court was the counterpart of the ,quarter ,sessions in ,england4 ,they were appointed by the governor1 but it was customary for them to nominate candidates for the governor to appoint1 so that practically the court filled its own vacancies and was a close corporation1 like the parish vestry4 ,such an arrangement tended to keep the general supervision and control of things in the hands of a few families4 ,this county court usually met as often as once a month in some convenient spot answering to the shire town of ,england or ,new ,england4 ,more often than not the place originally consisted of the court-house and very little else1 and was named accordingly from the name of the county1 as ,hanover ,court ,house or ,fairfax ,court ,house2 and the small shire towns that have grown up in such spots often retain these names to the present day4 ,such names occur commonly in ,virginia1 ,west ,virginia1 and ,south ,carolina1 very rarely in ,kentucky1 ,north ,carolina1 ,alabama1 ,ohio1 and nowhere else in the ,united ,states4#i ,their number has diminished from the tendency to omit the phrase ,court ,house1 leaving the name of the county for that of the shire town1 as for example in ,culpeper1 ,va4 ,in ,new ,england the process of naming has been just the reverse2 as in ,hartford ,county1 ,conn41 or ,worcester ,county1 ,mass41 which have taken their names from the shire towns4 ,in this1 as in so many cases1 whole chapters of history are wrapped up in geographical names4#aj ,footnote #i3 ,in ,mitchell's ,atlas1 #ahhc1 the number of cases is in ,va4 #ch1 ,w4 ,va4 #ac1 ,s4 ,c4 #af1 ,n4 ,c4 #b1 ,ala4 #a1 ,ky4 #a1 ,ohio1 #a4 ,footnote #aj3 ,a few of the oldest ,virginia counties1 organized as such in #afcd1 had arisen from the spreading and thinning of single settlements originally intended to be cities and named accordingly4 ,hence the curious names 7at first sight unintelligible7 of ,james ,city ,county1 and ,charles ,city ,county4 ,sidenote3 ,powers of the court ,the county court in ,virginia had jurisdiction in criminal actions not involving peril of life or limb1 and in civil suits where the sum at stake exceeded twenty-five shillings4 ,smaller suits could be tried by a single justice4 ,the court also had charge of the probate and administration of wills4 ,the court appointed its own clerk1 who kept the county records4 ,it superintended the construction and repair of bridges and highways1 and for this purpose divided the county into precincts1 and appointed annually for each precinct a highway surveyor4 ,the court also seems to have appointed constables1 one for each precinct4 ,the justices could themselves act as coroners1 but annually two or more coroners for each parish were appointed by the governor4 ,as we have seen that the parish taxes--so much for salaries of minister and clerk1 so much for care of church buildings1 so much for relief of the poor1 etc4--were computed and assessed by the vestry2 so the county taxes1 for care of court-house and jail1 roads and bridges1 coroner's fees1 and allowances to the representatives sent to the colonial legislature1 were computed and assessed by the county court4 ,the general taxes for the colony were estimated by a committee of the legislature1 as well as the county's share of the colony tax4 ,sidenote3 ,the sheriff4 ,the taxes for the county1 and sometimes the taxes for the parish also1 were collected by the sheriff4 ,they were usually paid1 not in money1 but in tobacco2 and the sheriff was the custodian of this tobacco1 responsible for its proper disposal4 ,the sheriff was thus not only the officer for executing the judgments of the court1 but he was also county treasurer and collector1 and thus exercised powers almost as great as those of the sheriff in ,england in the twelfth century4 ,he also presided over elections for representatives to the legislature4 ,it is interesting to observe how this very important officer was chosen4 ,each year the court presented the names of three of its members to the governor1 who appointed one1 generally the senior justice1 to be the sheriff of the county for the ensuing year4 #aa ,here again we see this close corporation1 the county court1 keeping the control of things within its own hands4 ,footnote #aa3 ,edward ,channing1 op4 cit4 p4 #dgh4 ,sidenote3 ,the county lieutenant ,one other important county officer needs to be mentioned4 ,we have seen that in early ,new ,england each town had its train-band or company of militia1 and that the companies in each county united to form the county regiment4 ,in ,virginia it was just the other way4 ,each county raised a certain number of troops1 and because it was not convenient for the men to go many miles from home in assembling for purposes of drill1 the county was subdivided into military districts1 each with its company1 according to rules laid down by the governor4 ,the military command in each county was vested in the county lieutenant1 an officer answering in many respects to the lord lieutenant of the ,english shire at that period4 ,usually he was a member of the governor's council1 and as such exercised sundry judicial functions4 ,he bore the honorary title of colonel1 and was to some extent regarded as the governor's deputy2 but in later times his duties were confined entirely to military matters4#ab ,footnote #ab3 ,for an excellent account of local government in ,virginia before the ,revolution1 see ,howard1 ,local ,const4 ,hist4 of the ,u4,s41 vol4 i4 pp4 #chh-djg2 also ,edward ,ingle in ,johns ,hopkins ,univ4 ,studies1 ,,iii41 ii4-iii4 ,if now we sum up the contrasts between local government in ,virginia and that in ,new ,england1 we observe3-- #a4 ,that in ,new ,england the management of local affairs was mostly in the hands of town officers1 the county being superadded for certain purposes1 chiefly judicial2 while in ,virginia the management was chiefly in the hands of county officers1 though certain functions1 chiefly ecclesiastical1 were reserved to the parish4 #b4 ,that in ,new ,england the local magistrates were almost always1 with the exception of justices1 chosen by the people2 while in ,virginia1 though some of them were nominally appointed by the governor1 yet in practice they generally contrived to appoint themselves--in other words the local boards practically filled their own vacancies and were self-perpetuating4 ,sidenote3 ,jefferson's opinion of township government4 ,these differences are striking and profound4 ,there can be no doubt that1 as ,thomas ,jefferson clearly saw1 in the long run the interests of political liberty are much safer under the ,new ,england system than under the ,virginia system4 ,jefferson said1 ,those wards1 called townships in ,new ,england1 are the vital principle of their governments1 and have proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of self-government1 and for its preservation#ac4444;,as ,cato1 then1 concluded every speech with the words ,carthago delenda est1 so do ,i every opinion with the injunction3 ,divide the counties into wards6 #ad ,footnote #ac3 ,jefferson's ,works1 vii4 #ac4 ,footnote #ad3 ,id41 vi4 #edd ,sidenote3 ,court ,day4 ,we must1 however1 avoid the mistake of making too much of this contrast4 ,as already hinted1 in those rural societies where people generally knew one another1 its effects were not so far-reaching as they would be in the more complicated society of to-day4 ,even though ,virginia had not the town-meeting1 it had its familiar court-day1 which was a holiday for all the country-side1 especially in the fall and spring4 ,from all directions came in the people on horseback1 in wagons1 and afoot4 ,on the court-house green assembled1 in indiscriminate confusion1 people of all classes1--the hunter from the backwoods1 the owner of a few acres1 the grand proprietor1 and the grinning1 heedless negro4 ,old debts were settled1 and new ones made2 there were auctions1 transfers of property1 and1 if election times were near1 stump-speaking4#ae ,sidenote3 ,virginia prolific in great leaders4 ,for seventy years or more before the ,declaration of ,independence the matters of general public concern1 about which stump speeches were made on ,virginia court-days1 were very similar to those that were discussed in ,massachusetts town-meetings when representatives were to be chosen for the legislature4 ,such questions generally related to some real or alleged encroachment upon popular liberties by the royal governor1 who1 being appointed and sent from beyond sea1 was apt to have ideas and purposes of his own that conflicted with those of the people4 ,this perpetual antagonism to the governor1 who represented ,british imperial interference with ,american local self-government1 was an excellent schooling in political liberty1 alike for ,virginia and for ,massachusetts4 ,when the stress of the ,revolution came1 these two leading colonies cordially supported each other1 and their political characteristics were reflected in the kind of achievements for which each was especially distinguished4 ,the ,virginia system1 concentrating the administration of local affairs in the hands of a few county families1 was eminently favourable for developing skilful and vigorous leadership4 ,and while in the history of ,massachusetts during the ,revolution we are chiefly impressed with the wonderful degree in which the mass of the people exhibited the kind of political training that nothing in the world except the habit of parliamentary discussion can impart2 on the other hand1 ,virginia at that time gave us--in ,washington1 ,jefferson1 ,henry1 ,madison1 and ,marshall1 to mention no others--such a group of consummate leaders as the world has seldom seen equalled4 ,footnote #ae3 ,ingle1 loc4 cit4 ,,questions ,,on ,,the ,,text4 #a4 ,why was ,virginia more sparsely settled than ,massachusetts8 #b4 ,why was it that towns were built up more slowly in ,virginia than in ,massachusetts8 #c4 ,how was the great demand for labour in ,virginia met8 #d4 ,what distinction of classes naturally arose8 #e4 ,contrast the type of society thus developed in ,virginia with that developed in ,new ,england4 #f4 ,compare the ,virginia parish in its earlier government with the ,english parish from which it was naturally copied4 #g4 ,show how the vestry became a close corporation4 #h4 ,who were usually chosen as vestrymen1 and what were their powers8 #i4 ,compare ,virginia's unit of representation in the colonial legislature with that of ,massachusetts1 and give the reason for the difference4 #aj4 ,describe the county court1 showing in particular how it became a close corporation4 #aa4 ,bring out some of the history wrapped up in the names of county seats4 #ab4 ,what were the chief powers of the county court8 #ac4 ,describe the assessment of the various taxes4 #ad4 ,what were the sheriff's duties8 #ae4 ,describe the organization and command of the militia in each county4 #af4 ,sum up the differences between local government in ,virginia and that in ,new ,england 7#a7 as to the management of local affairs and 7#b7 as to the choice of local officers4 #ag4 ,what did ,jefferson think of the principle of township government8 #ah4 ,what was the equivalent in ,virginia of the ,new ,england town-meeting8 #ai4 ,what was the value of this frequent assembling8 #bj4 ,what schooling in political liberty before the ,revolution did ,virginia and ,massachusetts alike have8 #ba4 ,what was an impressive feature of the ,new ,england system8 #bb4 ,what was an impressive feature of the ,virginia system8 ,,suggestive ,,questions ,,and ,,directions4 #a4 ,how many counties are there in your state8 #b4 ,name and place them if the number is small4 #c4 ,in what county do you live8 #d4 ,give its dimensions4 ,are they satisfactory8 ,why8 #e4 ,give its boundaries4 #f4 ,is there anything interesting in the meaning or origin of its name8 #g4 ,how many towns and cities does it contain8 #h4 ,what is the county seat8 ,is it conveniently situated8 ,reasons for thinking so8 #i4 ,if convenient1 visit any county building1 note the uses to which it is put1 and report such facts as may be thus found out4 #aj4 ,obtain a deed1 no matter how old1 and answer these questions about it3-- a4 ,is it recorded8 ,if so1 where8 b4 ,would it be easy for you to find the record8 c4 ,why should such a record be kept8 d4 ,what officer has charge of such records8 e4 ,what sort of work must he and his assistants do8 f4 ,the place of such records is called what8 g4 ,what sort of facilities for the public should such a place have8 ,what safety precautions should be observed there8 h4 ,why should the county keep such records rather than the city or the town8 i4 ,is there a record of the deed by which the preceding owner came into possession of the property8 j4 ,what sort of title did the first owner have8 ,is there any record of it8 ,was the first owner ,indian or ,european8 7,the teacher might obtain a deed and base a class exercise upon it4 ,it is easy with a deed for a text to lead pupils to see the common-sense basis of an important county institution1 and thereafter to give very sensible views as to what it should be1 even if it is not fully known what it is47 #aa4 ,is there a local court for your town or city8 #ab4 ,how do its cases compare in magnitude with those tried at the county seat8 #ac4 ,if a man steals and is prosecuted1 who becomes the plaintiff8 #ad4 ,if a man owes and is sued for debt1 who becomes the plaintiff8 #ae4 ,what is a criminal action8 #af4 ,what is a civil action8 #ag4 ,what is the result to the defendant in the former case1 if he is convicted8 #ah4 ,what is the result to the defendant in the latter case1 if the decision is against him8 #ai4 ,is lying a crime or a sin8 ,may it ever become a crime8 #bj4 ,are courts of any service to the vast numbers who are never brought before them8 ,why8 #ba4 ,may good citizens always keep out of the courts if they choose8 ,is it their duty always to keep out of them8 #bb4 ,is there any aversion among people that you know to being brought before the courts8 ,why8 #bc4 ,what is the purpose of a jail8 ,is this purpose realized in fact8 #bd4 ,should a disturbance of a serious nature break out in your town1 whose immediate duty would it be to quell it8 ,suppose this duty should prove too difficult to perform1 then what8 #be4 ,what is the attitude of good citizenship towards officers who are trying to enforce the laws8 ,what is the attitude of good citizenship if the laws are not satisfactory or if the officers are indiscreet in enforcing them8 #bf4 ,suppose a man of property dies and leaves a will1 what troubles are possible about the disposal of his property8 ,suppose he leaves no will1 what troubles are possible8 ,whose duty is it to exercise control over such matters and hold people up to legal and honourable conduct in them8 #bg4 ,what is an executor8 ,what is an administrator8 #bh4 ,if parents die1 whose duty is it to care for their children8 ,if property is left to such children1 are they free to use it as they please8 ,what has the county to do with such cases8 #bi4 ,how much does your town or city contribute towards county expenses8 ,how does this amount compare with that raised by other towns in the county8 #cj4 ,give the organization of your county government4 #ca4 ,would it be better for the towns to do themselves the work now done for them by the county8 99 99 99 99 99 ,,bibliographical ,,note4 ,section #a4 ,,the ,,county ,,in ,,its ,,beginnings4 ,this subject is treated in connection with the township in several of the books above mentioned4 ,see especially ,howard1 ,local ,const4 ,hist4 ,section #b4 ,,the ,,modern ,,county ,,in ,,massachusetts4 ,there is a good account in ,martin's ,text ,book above mentioned4 ,section #c4 ,,the ,,old ,,virginia ,,county4 ,the best account is in ,j4,h4,u4 ,studies1 ,,iii41 ii4-iii4 ,edward ,ingle1 ,virginia ,local ,institutions4 ,in dealing with the questions on page #fi1 both teachers and pupils will find ,dole's ,talks about ,law 7,boston1 #ahhg7 extremely valuable and helpful4 ,,chapter ,,iv4 ,,township ,,and ,,county4 ,section #a4 ,various ,local ,systems4 ,we have now completed our outline sketch of town and county government as illustrated in ,new ,england on the one hand and in ,virginia on the other4 ,there are some important points in the early history of local government in other portions of the original thirteen states1 to which we must next call attention2 and then we shall be prepared to understand the manner in which our great western country has been organized under civil government4 ,we must first say something about ,south ,carolina and ,maryland4 ,sidenote3 ,parishes in ,south ,carolina4 ,south ,carolina was settled from half a century to a century later than ,massachusetts and ,virginia1 and by two distinct streams of immigration4 ,the lowlands near the coast were settled by ,englishmen and by ,french ,huguenots1 but the form of government was purely ,english4 ,there were parishes1 as in ,virginia1 but popular election played a greater part in them4 ,the vestrymen were elected yearly by all the taxpayers of the parish4 ,the minister was also elected by his people1 and after #agai each parish sent its representatives to the colonial legislature1 though in a few instances two parishes were joined together for the purpose of choosing representatives4 ,the system was thus more democratic than in ,virginia2 and in this connection it is worth while to observe that parochial libraries and free schools were established as early as #agab1 much earlier than in ,virginia4 ,sidenote3 ,the back country ,during the first half of the eighteenth century a very different stream of immigration1 coming mostly along the slope of the ,alleghanies from ,virginia and ,pennsylvania1 and consisting in great part of ,germans1 ,scotch ,highlanders1 and ,scotch-,irish1 peopled the upland western regions of ,south ,carolina4 ,for some time this territory had scarcely any civil organization4 ,it was a kind of wild ,west4 ,there were as yet no counties in the colony4 ,there was just one sheriff for the whole colony1 who held his office by patent from the crown4 #a ,a court sat in ,charleston1 but the arm of justice was hardly long enough to reach offenders in the mountains4 ,to punish a horse-thief or prosecute a debtor one was sometimes compelled to travel a distance of several hundred miles1 and be subjected to all the dangers and delays incident to a wild country4 ,when people cannot get justice in what in civilized countries is the regular way1 they will get it in some irregular way4 ,so these mountaineers began to form themselves into bands known as regulators1 quite like the vigilance committees formed for the same purposes in ,california a hundred years later4 ,for thieves and murderers the regulators provided a speedy trial1 and the nearest tree served as a gallows4 ,footnote #a3 ,b4 ,j4 ,ramage1 in ,johns ,hopkins ,univ4 ,studies1 ,i41 xii4 ,sidenote3 ,the district system4 ,in order to put a stop to this lynch law1 the legislature in #agfh divided the back country into districts1 each with its sheriff and court-house1 and the judges were sent on circuit through these districts4 ,the upland region with its districts was thus very differently organized from the lowland region with its parishes1 and the effect was for a while almost like dividing ,south ,carolina into two states4 ,at first the districts were not allowed to choose their own sheriffs1 but in course of time they acquired this privilege4 ,it was difficult to apportion the representation in the state legislature so as to balance evenly the districts in the west against the parishes in the east1 and accordingly there was much dissatisfaction1 especially in the west which did not get its fair share4 ,in #aghf the capital was moved from ,charleston to ,columbia as a concession to the back country1 and in #ahjh a kind of compromise was effected1 in such wise that the uplands secured a permanent majority in the house of representatives1 while the lowlands retained control of the senate4 ,the two sections had each its separate state treasurer1 and this kind of double government lasted until the ,civil ,war4 ,sidenote3 ,the modern ,south ,carolina county4 ,at the close of the war the parishes were abolished and the district system was extended to the low country4 ,but soon afterward1 by the new constitution of #ahfh1 the districts were abolished and the state was divided into #cd counties1 each of which sends one senator to the state senate1 while they send representatives in proportion to their population4 ,in each county the people elect three county commissioners1 a school commissioner1 a sheriff1 a judge of probate1 a clerk1 and a coroner4 ,in one respect the ,south ,carolina county is quite peculiar3 it has no organization for judicial purposes4 ,the counties1 like their institutional predecessor the district1 are grouped into judicial circuits1 and a judge is elected by the legislature for each circuit4 ,trial justices are appointed by the governor for a term of two years4 ,sidenote3 ,the counties are too large4 ,this system1 like the simple county system everywhere1 is a representative system2 the people take no direct part in the management of affairs4 ,in one respect it seems obviously to need amendment4 ,in states where county government has grown up naturally1 after the ,virginia fashion1 the county is apt to be much smaller than in states where it is simply a district embracing several township governments4 ,thus the average size of a county in ,massachusetts is #eeg square miles1 and in ,connecticut #eid square miles2 but in ,virginia it is only #chc and in ,kentucky #cjg square miles4 ,in ,south ,carolina1 however1 where the county did not grow up of itself1 but has been enacted1 so to speak1 by a kind of afterthought1 it has been made too large altogether4 ,the average area of the county in ,south ,carolina is about #a1jjj square miles4 ,charleston ,county1 more than #dj miles in length and not less than #ce in average width1 is larger than the state of ,rhode ,island4 ,such an area is much too extensive for local self-government4 ,its different portions are too far apart to understand each other's local wants1 or to act efficiently toward supplying them2 and roads1 bridges1 and free schools suffer accordingly4 ,an unsuccessful attempt has been made to reduce the size of the counties4 ,but what seems perhaps more likely to happen is the practical division of the counties into school districts1 and the gradual development of these school districts into something like self-governing townships4 ,to this very interesting point we shall again have occasion to refer4 ,sidenote3 ,the hundred in ,maryland4 ,sidenote3 ,clans1 brotherhoods1 and tribes ,we come now to ,maryland4 ,the early history of local institutions in this state is a fascinating subject of study4 ,none of the ,american colonies had a more distinctive character of its own1 or reproduced old ,english usages in a more curious fashion4 ,there was much in colonial ,maryland1 with its lords of the manor1 its bailiffs and seneschals1 its courts baron and courts leet1 to remind one of the ,england of the thirteenth century4 ,but of these ancient institutions1 long since extinct1 there is but one that needs to be mentioned in the present connection4 ,in ,maryland the earliest form of civil community was called1 not a parish or township1 but a hundred4 ,this curious designation is often met with in ,english history1 and the institution which it describes1 though now almost everywhere extinct1 was once almost universal among men4 ,it will be remembered that the oldest form of civil society1 which is still to be found among some barbarous races1 was that in which families were organized into clans and clans into tribes2 and we saw that among our forefathers in ,england the dwelling-place of the clan became the township1 and the home of the tribe became the shire or county4 ,now1 in nearly all primitive societies that have been studied1 we find a group that is larger than the clan but smaller than the tribe1--or1 in other words1 intermediate between clan and tribe4 ,scholars usually call this group by its ,greek name1 phratry or brotherhood1 for it was known long ago that in ancient ,greece clans were grouped into brotherhoods and brotherhoods into tribes4 ,among uncivilized people all over the world we find this kind of grouping4 ,for example1 a tribe of ,north ,american ,indians is regularly made up of phratries1 and the phratries are made up of clans2 and1 strange as it might at first seem1 a good many half-understood features of early ,greek and ,roman society have had much light thrown upon them from the study of the usages of ,cherokees and ,mohawks4 ,wherever men have been placed1 the problem of forming civil society has been in its main outlines the same2 and in its earlier stages it has been approached in pretty much the same way by all4 ,sidenote3 ,the hundred court4 ,the ancient ,romans had the brotherhood1 and called it a curia4 ,the ,roman people were organized in clans1 curies1 and tribes4 ,but for military purposes the curia was called a century1 because it furnished a quota of one hundred men to the army4 ,the word century originally meant a company of a hundred men1 and it was only by a figure of speech that it afterward came to mean a period of a hundred years4 ,now among all ,germanic peoples1 including the ,english1 the brotherhood seems to have been called the hundred4 ,our ,english forefathers seem to have been organized1 like other barbarians1 in clans1 brotherhoods1 and tribes2 and the brotherhood was in some way connected with the furnishing a hundred warriors to the host4 ,in the tenth century we find ,england covered with small districts known as hundreds4 ,several townships together made a hundred1 and several hundreds together made a shire4 ,the hundred was chiefly notable as the smallest area for the administration of justice4 ,the hundred court was a representative body1 composed of the lords of lands or their stewards1 with the reeve and four selected men and the parish priest from each township4 ,there was a chief magistrate for the hundred1 known originally as the hundredman1 but after the ,norman conquest as the high constable4 ,sidenote3 ,decay of the hundred4 ,sidenote3 ,hundred meetings in ,maryland ,by the thirteenth century the importance of the hundred had much diminished4 ,the need for any such body1 intermediate between township and county1 ceased to be felt1 and the functions of the hundred were gradually absorbed by the county4 ,almost everywhere in ,england1 by the reign of ,elizabeth1 the hundred had fallen into decay4 ,it is curious that its name and some of its peculiarities should have been brought to ,america1 and should in one state have remained to the present day4 ,some of the early settlements in ,virginia were called hundreds1 but they were practically nothing more than parishes1 and the name soon became obsolete1 except upon the map1 where we still see1 for example1 ,bermuda ,hundred4 ,but in ,maryland the hundred flourished and became the political unit1 like the township in ,new ,england4 ,the hundred was the militia district1 and the district for the assessment of taxes4 ,in the earliest times it was also the representative district2 delegates to the colonial legislature sat for hundreds4 ,but in #afed this was changed1 and representatives were elected by counties4 ,the officers of the ,maryland hundred were the high constable1 the commander of militia1 the tobacco-viewer1 the overseer of roads1 and the assessor of taxes4 ,the last-mentioned officer was elected by the people1 the others were all appointed by the governor4 ,the hundred had also its assembly of all the people1 which was in many respects like the ,new ,england town-meeting4 ,these hundred-meetings enacted by-laws1 levied taxes1 appointed committees1 and often exhibited a vigorous political life4 ,but after the ,revolution they fell into disuse1 and in #ahbd the hundred became extinct in ,maryland2 its organization was swallowed up in that of the county4 ,sidenote3 ,the hundred in ,delaware ,sidenote3 ,the levy court1 or representative county assembly4 ,in ,delaware1 however1 the hundred remains to this day4 ,there it is simply an imperfectly developed township1 but its relations with the county1 as they have stood with but little change since #agdc1 are very interesting4 ,each hundred used to choose its own assessor of taxes1 and every year in the month of ,november the assessors from all the hundreds used to meet in the county court-house1 along with three or more justices of the peace and eight grand jurors1 and assess the taxes for the ensuing year4 ,a month later they assembled again1 to hear complaints from persons who considered themselves overtaxed2 and having disposed of this business1 they proceeded to appoint collectors1 one for each hundred4 ,this county assembly was known as the court of levy and appeal1 or more briefly as the levy court4 ,it appointed the county treasurer1 the road commissioners1 and the overseers of the poor4 ,since #agic the levy court has been composed of special commissioners chosen by popular vote1 but its essential character has not been altered4 ,as a thoroughly representative body1 it reminds one of the county courts of the ,plantagenet period4 ,sidenote3 ,the old ,pennsylvania county4 ,we next come to the great middle colonies1 ,pennsylvania and ,new ,york4 ,the most noteworthy feature of local government in ,pennsylvania was the general election of county officers by popular vote4 ,the county was the unit of representation in the colonial legislature1 and on election days the people of the county elected at the same time their sheriffs1 coroners1 assessors1 and county commissioners4 ,in this respect ,pennsylvania furnished a model which has been followed by most of the states since the ,revolution1 as regards the county governments4 ,it is also to be noted that before the ,revolution1 as ,pennsylvania increased in population1 the townships began to participate in the work of government1 each township choosing its overseers of the poor1 highway surveyors1 and inspectors of elections4#c ,footnote #c3 ,town-meetings were not quite unknown in ,pennsylvania2 see ,w4 ,p4 ,holcomb1 ,pennsylvania ,boroughs1 ,j4 ,h4 ,u4 ,studies1 ,,iv41 iv4 ,sidenote3 ,town-meetings in ,new ,york4 ,sidenote3 ,the county board of supervisors4 ,new ,york had from the very beginning the rudiments of an excellent system of local self-government4 ,the ,dutch villages had their assemblies1 which under the ,english rule were developed into town-meetings1 though with less ample powers than those of ,new ,england4 ,the governing body of the ,new ,york town consisted of the constable and eight overseers1 who answered in most respects to the selectmen of ,new ,england4 ,four of the overseers were elected each year in town-meeting1 and one of the retiring overseers was at the same time elected constable4 ,in course of time the elective offices came to include assessors and collectors1 town clerk1 highway surveyors1 fence-viewers1 pound-masters1 and overseers of the poor4 ,at first the town-meetings seem to have been held only for the election of officers1 but they acquired to a limited extent the power of levying taxes and enacting by-laws4 ,in #agjc a law was passed requiring each town to elect yearly an officer to be known as the supervisor1 whose duty was to compute1 ascertain1 examine1 oversee1 and allow the contingent1 publick1 and necessary charges of the county4#d ,for this purpose the supervisors met once a year at the county town4 ,the principle was the same as that of the levy court in ,delaware4 ,this board of supervisors was a strictly representative government1 and formed a strong contrast to the close corporation by which county affairs were administered in ,virginia4 ,the ,new ,york system is of especial interest1 because it has powerfully influenced the development of local institutions throughout the ,northwest4 ,footnote #d3 ,howard1 ,local ,const4 ,hist41 i4 #aaa4 ,,questions ,,on ,,the ,,text4 #a4 ,describe the early local government of eastern ,south ,carolina4 #b4 ,describe the early local government of western ,south ,carolina4 #c4 ,explain the difference4 #d4 ,what effort was made in #agfh to put a stop to lynch law8 #e4 ,what difficulties arose from the attempted adjustment of #agfh8 #f4 ,what compromises were made between the two sections down to the time of the ,civil ,war8 #g4 ,what changes have been made in local government since the ,civil ,war8 #h4 ,mention a peculiarity of the ,south ,carolina county4 #i4 ,compare its size with that of counties in other states4 #aj4 ,what disadvantage is due to this great size8 #aa4 ,what was the earliest form of civil community in ,maryland1 and from what source did it come8 #ab4 ,trace the development of the hundred in accordance with the following outline3-- a4 ,intermediate groups between clans and tribes4 b4 ,illustrations from ,greece and the ,north ,american ,indians4 c4 ,the ,roman century and the ,german hundred4 #ac4 ,describe the ,english hundred in the tenth century4 #ad4 ,describe the hundred court4 #ae4 ,describe the ,maryland hundred and its decay4 #af4 ,what is the relation of the ,delaware hundred to the county8 #ag4 ,describe the ,delaware levy court4 #ah4 ,what were the prominent features of the ,pennsylvania county8 #ai4 ,compare the town-meetings of ,new ,york with those of ,new ,england4 #bj4 ,what was the government of the ,new ,york county8 #ba4 ,how did this government compare with that of the ,virginia county8 ,section #b4 ,settlement of the ,public ,domain4 ,sidenote3 ,westward movement of population4 ,the westward movement of population in the ,united ,states has for the most part followed the parallels of latitude4 ,thus ,virginians and ,north ,carolinians1 crossing the ,alleghanies1 settled ,kentucky and ,tennessee2 thus people from ,new ,england filled up the central and northern parts of ,new ,york1 and passed on into ,michigan and ,wisconsin2 thus ,ohio1 ,indiana1 and ,illinois received many settlers from ,new ,york and ,pennsylvania4 ,in the early times when ,kentucky was settled1 the pioneer would select a piece of land wherever he liked1 and after having a rude survey made1 and the limits marked by blazing the trees with a hatchet1 the survey would be put on record in the state land-office4 ,so little care was taken that half a dozen patents would sometimes be given for the same tract4 ,pieces of land1 of all shapes and sizes1 lay between the patents4444 ,such a system naturally begat no end of litigation1 and there remain in ,kentucky curious vestiges of it to this day4 #e ,footnote #e3 ,hinsdale1 ,old ,northwest1 p4 #bfa4 ,sidenote3 ,method of surveying the public lands4 ,sidenote3 ,origins of ,western townships4 ,in order to avoid such confusion in the settlement of the territory north of the ,ohio river1 ,congress passed the land-ordinance of #aghe1 which was based chiefly upon the suggestions of ,thomas ,jefferson1 and laid the foundation of our simple and excellent system for surveying national lands4 ,according to this system as gradually perfected1 the government surveyors first mark out a north and south line which is called the principal meridian4 ,twenty-four such meridians have been established4 ,the first was the dividing line between ,ohio and ,indiana2 the last one runs through ,oregon a little to the west of ,portland4 ,on each side of the principal meridian there are marked off subordinate meridians called range #f ,then a true parallel of latitude is drawn1 crossing these meridians at right angles4 ,it is called the base line1 or standard parallel4 ,eleven such base lines1 for example1 run across the great state of ,oregon4 ,finally1 on each side of the base line are drawn subordinate parallels called township lines1 six miles apart1 and numbered north and south from their base line4 ,by these range lines and township lines the whole land is thus divided into townships just six miles square1 and the townships are all numbered4 ,take1 for example1 the township of ,deerfield in ,michigan4 ,that is the fourth township north of the base line1 and it is in the fifth range east of the first principal meridian4 ,it would be called township number #d north range #e east1 and was so called before it was settled and received a name4 ,evidently one must go #bd miles from the principal meridian1 or #ah miles from the base line1 in order to enter this township4 ,it is all as simple as the numbering of streets in ,philadelphia4#g ,footnote #f3 ,the following is a diagram of the first principal meridian1 and of the base line running across southern ,michigan4 ,a ,b is the principal meridian2 ,c ,d is the base line4 ,the figures on the base line mark the range lines2 the figures on the principal meridian mark the township lines4 ,e is township #d north in range #e east2 ,f is township #e south in range #d west2 ,g is township #c north in range #c west4 ,illustration ,as the intervals between meridians diminish as we go northward1 it is sometimes necessary to introduce a correction line1 the nature of which will be seen from the following diagram3-- ,illustration3 ,,diagram ,,of ,,correction ,,line4 ,footnote #g3 ,in ,philadelphia the streets for the most part cross each other at right angles and at equal distances1 so that the city is laid out like a checkerboard4 ,the parallel streets running in one direction have names1 often taken from trees4 ,market ,street is the central street from which the others are reckoned in both directions according to the couplet ,market1 ,arch1 ,race1 and ,vine1 ,chestnut1 ,walnut1 ,spruce1 and ,pine1 etc4 ,the cross streets are not named but numbered1 as ,first1 ,second1 etc4 ,the houses on one side of the street have odd numbers and on the other side even numbers1 as is the general custom in the ,united ,states4 ,with each new block a new century of numbers begins1 although there are seldom more than forty real numbers in a block4 ,for example1 the corner house on ,market ,street1 just above ,fifteenth1 is #aeja ,market ,street4 ,at somewhere about #aece or #aeci you come to ,sixteenth ,street2 then there is a break in the numbering1 and the next corner house is #afja4 ,so in going along a numbered street1 say ,fifteenth1 from ,market1 the first number will be #a2 after passing ,arch1 #aja2 after passing ,race1 #bja1 etc4 ,with this system a very slight familiarity with the city enables one to find his way to any house1 and to estimate the length of time needful for reaching it4 ,st4 ,louis and some other large cities have adopted the ,philadelphia plan1 the convenience of which is as great as its monotony4 ,in ,washington the streets running in one direction are lettered ,a1 ,b1 ,c1 etc41 and the cross streets are numbered2 and upon the checkerboard plan is superposed another plan in which broad avenues radiate in various directions from the ,capitol1 and a few other centres4 ,these avenues cut through the square system of streets in all directions1 so that instead of the dull checkerboard monotony there is an almost endless variety of magnificent vistas4 ,sidenote3 and of ,western counties4 ,if now we look at ,livingston ,county1 in which1 this township of ,deerfield is situated1 we observe that the county is made up of sixteen townships1 in four rows of four2 and the next county1 ,washtenaw1 is made up of twenty townships1 in five rows of four4 ,maps of our ,western states are thus apt to have somewhat of a checkerboard aspect1 not unlike the wonderful country which ,alice visited after she had gone through the looking-glass4 ,square townships are apt to make square or rectangular counties1 and the state1 too1 is likely to acquire a more symmetrical shape4 ,nothing could be more unlike the jagged1 irregular shape of counties in ,virginia or townships in ,massachusetts1 which grew up just as it happened4 ,the contrast is similar to that between ,chicago1 with its straight streets crossing at right angles1 and ,boston1 or ,london1 with their labyrinths of crooked lanes4 ,for picturesqueness the advantage is entirely with the irregular city1 but for practical convenience it is quite the other way4 ,so with our western lands the simplicity and regularity of the system have made it a marvel of convenience for the settlers1 and doubtless have had much to do with the rapidity with which civil governments have been built up in the ,west4 ,this fact1 says a recent writer1 will be appreciated by those who know from experience the ease and certainty with which the pioneer on the great plains of ,kansas1 ,nebraska1 or ,dakota is enabled to select his homestead or 'locate his claim' unaided by the expensive skill of the surveyor4 #h ,footnote #h3 ,howard1 ,local ,const4 ,hist4 of ,u4 ,s41 vol4 i4 p4 #aci4 ,sidenote3 ,some effects of the system4 ,there was more in it than this1 however4 ,there was a germ of organization planted in these western townships1 which must be noted as of great importance4 ,each township1 being six miles in length and six miles in breadth1 was divided into thirty-six numbered sections1 each containing just one square mile1 or #fdj acres4 ,each section1 moreover1 was divided into #af tracts of #dj acres each1 and sales to settlers were and are generally made by tracts at the rate of a dollar and a quarter per acre4 ,for fifty dollars a man may buy forty acres of unsettled land1 provided he will actually go and settle upon it1 and this has proved to be a very effective inducement for enterprising young men to go ,west4 ,many a tract thus bought for fifty dollars has turned out to be a soil upon which princely fortunes have grown4 ,a tract of forty acres represents to-day in ,chicago or ,minneapolis an amount of wealth difficult for the imagination to grasp4 ,sidenote3 ,the reservation for public schools4 ,sidenote3 ,in this reservation there were the germs of township government4 ,but in each of these townships there was at least one section which was set apart for a special purpose4 ,this was usually the sixteenth section1 nearly in the centre of the township2 and sometimes the thirty-sixth section1 in the southeast corner1 was also reserved4 ,these reservations were for the support of public schools4 ,whatever money was earned1 by selling the land or otherwise1 in these sections1 was to be devoted to school purposes4 ,this was a most remarkable provision4 ,no other nation has ever made a gift for schools on so magnificent a scale4 ,we have good reason for taking pride in such a liberal provision4 ,but we ought not to forget that all national gifts really involve taxation1 and this is no exception to the rule1 although in this case it is not a taking of money1 but a keeping of it back4 ,the national government says to the local government1 whatever revenues may come from that section of #fdj acres1 be they great or small1 be it a spot in a rural grazing district1 or a spot in some crowded city1 are not to go into the pockets of individual men and women1 but are to be reserved for public purposes4 ,this is a case of disguised taxation1 and may serve to remind us of what was said some time ago1 that a government cannot give anything without in one way or another depriving individuals of its equivalent4 ,no man can sit on a camp-stool and by any amount of tugging at that camp-stool lift himself over a fence4 ,whatever is given comes from somewhere1 and whatever is given by governments comes from the people4 ,this reservation of one square mile in every township for purposes of education has already most profoundly influenced the development of local government in our western states1 and in the near future its effects are likely to become still deeper and wider4 ,to mark out a township on the map may mean very little1 but when once you create in that township some institution that needs to be cared for1 you have made a long stride toward inaugurating township government4 ,when a state1 as for instance ,illinois1 grows up after the method just described1 what can be more natural than for it to make the township a body corporate for school purposes1 and to authorize its inhabitants to elect school officers and tax themselves1 so far as may be necessary1 for the support of the schools8 ,but the school-house1 in the centre of the township1 is soon found to be useful for many purposes4 ,it is convenient to go there to vote for state officers or for congressmen and president1 and so the school township becomes an election district4 ,having once established such a centre1 it is almost inevitable that it should sooner or later be made to serve sundry other purposes1 and become an area for the election of constables1 justices of the peace1 highway surveyors1 and overseers of the poor4 ,in this way a vigorous township government tends to grow up about the school-house as a nucleus1 somewhat as in early ,new ,england it grew up about the church4 ,sidenote3 ,at first the county system prevailed4 ,this tendency may be observed in almost all the western states and territories1 even to the ,pacific coast4 ,when the western country was first settled1 representative county government prevailed almost everywhere4 ,this was partly because the earliest settlers of the ,west came in much greater numbers from the middle and southern states than from ,new ,england4 ,it was also partly because1 so long as the country was thinly settled1 the number of people in a township was very small1 and it was not easy to have a government smaller than that of the county4 ,it was something1 however1 that the little squares on the map1 by grouping which the counties were made1 were already called townships4 ,there is much in a name4 ,it was still more important that these townships were only six miles square2 for that made it sure that1 in due course of time1 when population should have become dense enough1 they would be convenient areas for establishing township government4 ,,questions ,,on ,,the ,,text4 #a4 ,what feature is conspicuous in the westward movement of population in the ,united ,states8 #b4 ,what looseness characterized early surveys in ,kentucky8 #c4 ,what led to the passage of the land ordinance of #aghe8 #d4 ,give the leading features of the government survey of western lands3--a4 ,the principal meridians4 b4 ,the range lines1 c4 ,the base lines4 d4 ,the township lines4 #e4 ,illustrate the application of the system in the case of a town4 #f4 ,contrast in shape western townships and counties with corresponding divisions in ,massachusetts and ,virginia4 #g4 ,contrast them in convenience and in picturesqueness4 #h4 ,what had the convenience of the government system to do with the settlement of the ,west8 #i4 ,what were the divisions of the township1 and what disposition was made of them8 #aj4 ,what important reservations were made in the townships8 #aa4 ,show how these reservations involved a kind of taxation4 #ab4 ,what profound influence has the reservation for schools exerted upon local government8 #ac4 ,why did the county system prevail at first8 ,section #c4 ,the ,representative ,township-,county ,system in the ,west4 ,sidenote3 ,the town-meeting in ,michigan4 ,the first western state to adopt the town-meeting was ,michigan1 where the great majority of the settlers had come from ,new ,england1 or from central ,new ,york1 which was a kind of westward extension of ,new ,england4#i ,counties were established in ,michigan ,territory in #ahje1 and townships were first incorporated in #ahbe4 ,this was twelve years before ,michigan became a state4 ,at first the powers of the town-meeting were narrowly limited4 ,it elected the town and county officers1 but its power of appropriating money seems to have been restricted to the purpose of extirpating noxious animals and weeds4 ,in #ahbg1 however1 it was authorized to raise money for the support of schools1 and since then its powers have steadily increased1 until now they approach those of the town-meeting in ,massachusetts4 ,footnote #i3 ,of the #dif members of the ,michigan ,pioneer ,association in #ahha1 #djg are from these sections ,new ,england and ,new ,york4 ,bemis1 ,local ,government in ,michigan and the ,northwest1 ,j4 ,h4 ,u4 ,studies1 ,i41 v ,sidenote3 ,settlement of ,illinois4 ,the history of ,illinois presents an extremely interesting example of rivalry and conflict between the town system of ,new ,england and the county system of the ,south4 ,observe that this great state is so long that1 while the parallel of latitude starting from its northern boundary runs through ,marblehead in ,massachusetts1 the parallel through its southernmost point1 at ,cairo1 runs a little south of ,petersburg in ,virginia4 ,in #ahah1 when ,illinois framed its state government and was admitted to the ,union1 its population was chiefly in the southern half1 and composed for the most part of pioneers from ,virginia and ,virginia's daughter-state ,kentucky4 ,these men brought with them the old ,virginia county system1 but with the very great difference that the county officers were not appointed by the governor1 or allowed to be a self-perpetuating board1 but were elected by the people of the county4 ,this was a true advance in the democratic direction1 but an essential defect of the southern system remained in the absence of any kind of local meeting for the discussion of public affairs and the enactment of local laws4 ,sidenote3 ,effects of the ,ordinance of #aghg4 ,by the famous ,ordinance of #aghg1 to which we shall again have occasion to refer1 negro slavery had been forever prohibited to the north of the ,ohio river1 so that1 in spite of the wishes of her early settlers1 ,illinois was obliged to enter the ,union as a free state4 ,but in #ahbj ,missouri was admitted as a slave state1 and this turned the stream of southern migration aside from ,illinois to ,missouri4 ,these emigrants1 to whom slaveholding was a mark of social distinction1 preferred to go where they could own slaves4 ,about the same time settlers from ,new ,england and ,new ,york1 moving along the southern border of ,michigan and the northern borders of ,ohio and ,indiana1 began pouring into the northern part of ,illinois4 ,these new-comers did not find the representative county system adequate for their needs1 and they demanded township government4 ,a memorable political struggle ensued between the northern and southern halves of the state1 ending in #ahdh with the adoption of a new constitution4 ,it was provided that the legislature should enact a general law for the political organization of townships1 under which any county might act whenever a majority of its voters should so determine4#aj ,this was introducing the principle of local option1 and in accordance therewith township governments with town-meetings were at once introduced in the northern counties of the state1 while the southern counties kept on in the old way4 ,now comes the most interesting part of the story4 ,the two systems being thus brought into immediate contact in the same state1 with free choice between them left to the people1 the northern system has slowly but steadily supplanted the southern system1 until at the present day only one fifth part of the counties in ,illinois remain without township government4 ,footnote #aj3 ,shaw1 ,local ,government if ,illinois1 ,j4 ,h4 ,u4 ,studies1 ,i41 iii4 ,sidenote3 ,intense vitality of the township system4 ,this example shows the intense vitality of the township system4 ,it is the kind of government that people are sure to prefer when they have tried it under favourable conditions4 ,in the ,west the hostile conditions against which it has to contend are either the recent existence of negro slavery and the ingrained prejudice in favour of the ,virginia method1 as in ,missouri2 or simply the sparseness of population1 as in ,nebraska4 ,time will evidently remove the latter obstacle1 and probably the former also4 ,it is very significant that in ,missouri1 which began so lately as #ahgi to erect township governments under a local option law similar to that of ,illinois1 the process has already extended over about one sixth part of the state2 and in ,nebraska1 where the same process began in #ahhc1 it has covered nearly one third of the organized counties of the state4 ,sidenote3 ,county option and township option4 ,the principle of local option as to government has been carried still farther in ,minnesota and ,dakota4 ,the method just described may be called county option2 the question is decided by a majority vote of the people of the county4 ,but in ,minnesota in #ahgh it was enacted that as soon as any one of the little square townships in that state should contain as many as twenty-five legal voters1 it might petition the board of county commissioners and obtain a township organization1 even though1 the adjacent townships in the same county should remain under county government only4 ,five years later the same provision was adopted by ,dakota1 and under it township government is steadily spreading4 ,sidenote3 ,grades of township government4 ,two distinct grades of township government are to be observed in the states west of the ,alleghanies2 the one has the town-meeting for deliberative purposes1 the other has not4 ,in ,ohio and ,indiana1 which derived their local institutions largely from ,pennsylvania1 there is no such town-meeting1 the administrative offices are more or less concentrated in a board of trustees1 and the town is quite subordinate to the county4 ,the principal features of this system have been reproduced in ,iowa1 ,missouri1 and ,kansas4 ,the other system1 was that which we have seen beginning in ,michigan1 under the influence of ,new ,york and ,new ,england4 ,here the town-meeting1 with legislative powers1 is always present4 ,the most noticeable feature of the ,michigan system is the relation between township and county1 which was taken from ,new ,york4 ,the county board is composed of the supervisors of the several townships1 and thus represents the townships4 ,it is the same in ,illinois4 ,it is held by some writers that this is the most perfect form of local government1#aa but on the other hand the objection is made that county boards thus constituted are too large4#ab ,we have seen that in the states in question there are not less than #af1 and sometimes more than #bj1 townships in each county4 ,in a board of #af or #bj members it is hard to fasten responsibility upon anybody in particular2 and thus it becomes possible to have combinations1 and to indulge in that exchange of favours known as log-rolling1 which is one of the besetting sins of all large representative bodies4 ,responsibility is more concentrated in the smaller county boards of ,massachusetts1 ,wisconsin1 and ,minnesota4 ,footnote #aa3 ,howard1 ,local ,const4 ,hist41 passim4 ,footnote #ab3 ,bemis1 ,local ,government in ,michigan1 ,j4 ,h4 ,u4 ,studies1 ,i41 v4 ,sidenote3 ,an excellent result of the absence of centralization in the ,united ,states4 ,it is one signal merit of the peaceful and untrammelled way in which ,american institutions have grown up1 the widest possible scope being allowed to individual and local preferences1 that different states adopt different methods of attaining the great end at which all are aiming in common1--good government4 ,one part of our vast country can profit by the experience of other parts1 and if any system or method thus comes to prevail everywhere in the long run1 it is likely to be by reason of its intrinsic excellence4 ,our country affords an admirable field for the study of the general principles which lie at the foundations of universal history4 ,governments1 large and small1 are growing up all about us1 and in such wise that we can watch the processes of growth1 and learn lessons which1 after making due allowances for difference of circumstance1 are very helpful in the study of other times and countries4 ,the general tendency toward the spread of township government in the more recently settled parts of the ,united ,states is unmistakable1 and ,i have already remarked upon the influence of the public school system in aiding this tendency4 ,the school district1 as a preparation for the self-governing township1 is already exerting its influence in ,colorado1 ,nevada1 ,california1 ,wyoming1 ,montana1 ,idaho1 ,oregon1 and ,washington4 ,sidenote3 ,township government is germinating in the ,south4 ,something similar is going on in the southern states1 as already hinted in the case of ,south ,carolina4 ,local taxation for school purposes has also been established in ,kentucky and ,tennessee1 in both ,virginias1 and elsewhere4 ,there has thus begun a most natural and wholesome movement1 which might easily be checked1 with disastrous results1 by the injudicious appropriation of national revenue for the aid of southern schools4 ,it is to be hoped that throughout the southern1 states1 as formerly in ,michigan1 the self-governing school district may prepare the way for the self-governing township1 with its deliberative town-meeting4 ,such a growth must needs be slow1 inasmuch as it requires long political training on the part of the negroes and the lower classes of white people2 but it is along such a line of development that such political training can best be acquired2 and in no other way is complete harmony between the two races so likely to be secured4 ,sidenote3 woman suffrage4 ,dr4 ,edward ,bemis1 who in a profoundly interesting essay#ac has called attention to this function of the school district as a stage in the evolution of the township1 remarks also upon the fact that it is in the local government of the school district that woman suffrage is being tried4 ,in several states women may vote for school committees1 or may be elected to school committees1 or to sundry administrative school offices4 ,at present 7#ahid7 there are not less than twenty-one states in which women have school suffrage4 ,in ,colorado and ,wyoming women have full suffrage1 voting at municipal1 state1 and national elections4 ,in ,kansas they have municipal suffrage1 and a constitutional amendment granting them full suffrage is now awaiting ratification4 ,in ,england1 it may be observed1 unmarried women and widows who pay taxes vote not only on school matters1 but generally in the local elections of vestries1 boroughs1 and poor-law unions4 ,in the new ,parish ,councils ,bill this municipal suffrage is extended to married women4 ,in the ,isle of ,man women vote for members of ,parliament4 ,in ,australia they have long had municipal suffrage1 and in #ahic they were endowed with full rights of suffrage in ,new ,zealand4 ,footnote #ac3 ,local ,government in ,michigan and the ,northwest1 ,j4,h4,u4 ,studies1 ,i41 v4 ,the historical reason why the suffrage has so generally been restricted to men is perhaps to be sought in the conditions under which voting originated4 ,in primeval times voting was probably adopted as a substitute for fighting4 ,the smaller and presumably weaker party yielded to the larger without an actual trial of physical strength2 heads were counted instead of being broken4 ,accordingly it was only the warriors who became voters4 ,the restriction of political activity to men has also probably been emphasized by the fact that all the higher civilizations have passed through a well-defined patriarchal stage of society in which each household was represented by its oldest warrior4 ,from present indications it would seem that under the conditions of modern industrial society the arrangements that have so long subsisted are likely to be very essentially altered4 ,,questions ,,on ,,the ,,text4 #a4 ,describe the origin and development of the town-meeting in ,michigan4 #b4 ,describe the settling of southern ,illinois4 #c4 ,describe the settling of northern ,illinois4 #d4 ,what difference in thought and feeling existed between these sections8 #e4 ,what systems of local government came into rivalry in ,illinois1 and why8 #f4 ,what compromise between them was put into the state constitution8 #g4 ,which system1 the town or the county1 has shown the greater vitality1 and why8 #h4 ,what obstacles has the town system to work against8 #i4 ,show how the principle of local option in government has been applied in ,missouri1 ,nebraska1 ,minnesota1 and ,dakota4 #aj4 ,what two grades of town government exist west of the ,alleghanies8 #aa4 ,what objection exists to large county boards of government8 #ab4 ,why is our country an excellent field for the study of the principles of government8 #ac4 ,what unmistakable tendency in the ease of township government is noticeable8 #ad4 ,speak of township government in the ,south4 #ae4 ,what part have women in the affairs of the school district in many states8 #af4 ,what is the historical reason why suffrage has been restricted to men8 ,,suggestive ,,questions ,,and ,,directions4 ,it may need to be repeated 7see page #ab7 that it is not expected that each pupil shall answer all the miscellaneous questions put1 or respond to all the suggestions made in this book4 ,indeed1 the teacher may be pardoned if now and then he finds it difficult himself to answer a question1--particularly if it is framed to provoke thought rather than lead to a conclusion1 or if it is better fitted for some other community or part of the country than that in which he lives4 ,let him therefore divide the questions among his pupils1 or assign to them selected questions4 ,in cases that call for special knowledge1 let the topics go to pupils who may have exceptional facilities for information at home4 ,the important point is not so much the settlement of all the questions proposed as it is the encouragement of the inquiring and thinking spirit on the part of the pupil4 #a4 ,what impression do you get from this chapter about the hold of town government upon popular favour8 #b4 ,what do you regard as the best features of town government8 #c4 ,is there any tendency anywhere to divide towns into smaller towns8 ,if it exists1 illustrate and explain it4 #d4 ,is there any tendency anywhere to unite towns into larger towns or into cities8 ,if it exists1 illustrate and explain it4 #e4 ,in every town-meeting there are leaders1--usually men of character1 ability1 and means4 ,do you understand that these men practically have their own way in town affairs1--that the voters as a whole do but little more than fall in with the wishes and plans of their leaders8 ,or is there considerable independence in thought and action on the side of the voters8 #f4 ,can a town do what it pleases1 or is it limited in its action8 ,if limited1 by whom or by what is it restricted1 and where are the restrictions recorded8 7,consult the ,statutes47 #g4 ,why should the majority rule in town-meeting8 ,suggest1 if possible1 a better way4 #h4 ,is it1 on the whole1 wise that the vote of the poor man shall count as much as that of the rich1 the vote of the ignorant as much as that of the intelligent1 the vote of the unprincipled as much as that of the high-toned8 #i4 ,have the poor1 the ignorant1 or the unprincipled any interests to be regarded in government8 #aj4 ,is the single vote a man casts the full measure of his influence and power in the town-meeting8 #aa4 ,what are the objections to a suffrage restricted by property and intellectual qualifications8 ,to a suffrage unrestricted by such qualifications8 #ab4 ,do women vote in your town8 ,if so1 give some account of their voting and of the success or popularity of the plan4 #ac4 ,is lynch law ever justifiable8 #ad4 ,ought those who resort to lynch law to be punished8 ,if so1 for what8 #ae4 ,compare the condition or government of a community where lynch law is resorted to with the condition or government of a community where it is unknown4 #af4 ,may the citizen who is not an officer of the law interfere 7#a7 to stop the fighting of boys in the public streets1 7#b7 to capture a thief who is plying his trade1 7#c7 to defend a person who is brutally assaulted8 ,is there anything like lynch law i4e4 such interference8 ,where does the citizen's duty begin and end ,in such cases8 #ag4 ,how came the ,united ,states to own the public domain or any part of it8 7,consult my ,critical ,period of ,amer4 ,hist41 pp4 #ahg-bjg47 #ah4 ,how does this domain get into the possession of individuals8 #ai4 ,is it right for the ,united ,states to give any part of it away8 ,if right1 under what conditions is it right8 ,if wrong1 under what conditions is ,it wrong8 #bj4 ,what is the homestead act of the ,united ,states1 and what is its object8 #ba4 ,can perfect squares of the same size be laid out with the range and township lines of the public surveys8 ,are all the sections of a township of the same size8 ,explain4 ,,bibliographical ,,note4 ,section #a4 ,,various ,,local ,,systems4--,j4,h4,v4 ,studies1 ,i41 vi41 ,edward ,ingle1 ,parish ,institutions of ,maryland2 ,i41 vii41 ,john ,johnson1 ,old ,maryland ,manors2 ,i41 xii41 ,b4,j4 ,ramage1 ,local ,government and ,free ,schools in ,south ,carolina2 ,,iii41 v4-vii41 ,l4 ,w4 ,wilhelm1 ,local ,institutions of ,maryland2 ,,iv41 i41 ,irving ,elting1 ,dutch ,village ,communities on the ,hudson ,river4 ,section #b4 ,,settlement ,,of ,,the ,,public ,,domain4--,j4 ,h4 ,u4 ,studies1 ,,iii41 i4 ,h4 ,b4 ,adams1 ,maryland's ,influence upon ,land ,cessions to the ,united ,states2 ,,iv41 vii4-ix41 ,shoshuke ,sato1 ,history of the ,land ,question in the ,united ,states4 ,section #c4 ,,the ,,representative ,,township-,,county ,,system4--,j ,h4 ,u4 ,studies1 ,i41 iii41 ,albert ,shaw1 ,local ,government in ,illinois2 ,i41 v41 ,edward ,bemis1 ,local ,government in ,michigan and the ,northwest2 ,,ii41 vii41 ,jesse ,macy1 ,institutional ,beginnings in a ,western ,state 7,iowa74 ,for farther illustration of one set of institutions supervening upon another1 see also ,v41 v4-vi41 ,j4 ,g4 ,bourinot1 ,local ,government in ,canada2 ,,viii41 in41 ,d4 ,e4 ,spencer1 ,local ,government in ,wisconsin4 ,,chapter ,v4 ,,the ,,city4 ,section #a4 ,direct and ,indirect ,government4 ,sidenote3 ,summary of foregoing results4 ,in the foregoing survey of local institutions and their growth1 we have had occasion to compare and sometimes to contrast two different methods of government as exemplified on the one hand in the township and on the other hand in the county4 ,in the former we have direct government by a primary assembly1#a the town-meeting2 in the latter we have indirect government by a representative board4 ,if the county board1 as in colonial ,virginia1 perpetuates itself1 or is appointed otherwise than by popular vote1 it is not strictly a representative board1 in the modern sense of the phrase2 the government is a kind of oligarchy4 ,if1 as in colonial ,pennsylvania1 and in the ,united ,states generally to-day1 the county board consists of officers elected by the people1 the county government is a representative democracy4 ,the township government1 on the other hand1 as exemplified in ,new ,england and in the northwestern states which have adopted it1 is a pure democracy4 ,the latter1 as we have observed1 has one signal advantage over all other kinds of government1 in so far as it tends to make every man feel that the business of government is part of his own business1 and that where he has a stake in the management of public affairs he has also a voice4 ,when people have got into the habit of leaving local affairs to be managed by representative boards1 their active interest in local affairs is liable to be somewhat weakened1 as all energies in this world are weakened1 from want of exercise4 ,when some fit subject of complaint is brought up1 the individual is too apt to feel that it is none of his business to furnish a remedy1 let the proper officers look after it4 ,he can vote at elections1 which is a power2 he can perhaps make a stir in the newspapers1 which is also a power2 but personal participation in town-meeting is likewise a power1 the necessary loss of which1 as we pass to wider spheres of government1 is unquestionably to be regretted4 ,footnote #a3 ,a primary assembly is one in which the members attend of their own right1 without having been elected to it2 a representative assembly is composed of elected delegates4 ,sidenote3 ,direct government impossible in a county4 ,nevertheless the loss is inevitable4 ,a primary assembly of all the inhabitants of a county1 for purposes of local government1 is out of the question4 ,there must be representative government1 for this purpose the county system1 an inheritance from the ancient ,english shire1 has furnished the needful machinery4 ,our county government is near enough to the people to be kept in general from gross abuses of power4 ,there are many points which can be much better decided in small representative bodies than in large miscellaneous meetings4 ,the responsibility of our local boards has been fairly well preserved4 ,the county system has had no mean share in keeping alive the spirit of local independence and self-government among our people4 ,as regards efficiency of administration1 it has achieved commendable success1 except in the matter of rural highways2 and if our roads are worse than those of any other civilized country1 that is due not so much to imperfect administrative methods as to other causes1--such as the sparseness of population1 the fierce extremes of sunshine and frost1 and the fact that since this huge country began to be reclaimed from the wilderness1 the average voter1 who has not travelled in ,europe1 knows no more about good roads than he knows about the temples of ,paestum or the pictures of ,tintoretto1 and therefore does not realize what demands he may reasonably make4 ,this last consideration applies in some degree1 no doubt1 to the ill-paved and filthy streets which are the first things to arrest one's attention in most of our great cities4 ,it is time for us now to consider briefly our general system of city government1 in its origin and in some of its most important features4 ,sidenote3 ,the ,boston town-meeting in #ahbj4 ,representative government in counties is necessitated by the extent of territory covered2 in cities it is necessitated by the multitude of people4 ,when the town comes to have a very large population1 it becomes physically impossible to have town-meetings4 ,no way could be devised by which all the taxpayers of the city of ,new ,york could be assembled for discussion4 ,in #ahbj the population of ,boston was about #dj1jjj1 of whom rather more than #g1jjj were voters qualified to attend the town-meetings4 ,consequently when a town-meeting was held on any exciting subject in ,faneuil ,hall1 those only who obtained places near the moderator could even hear the discussion4 ,a few busy or interested individuals easily obtained the management of the most important affairs in an assembly in which the greater number could have neither voice nor hearing4 ,when the subject was not generally exciting1 town-meetings were usually composed of the selectmen1 the town officers1 and thirty or forty inhabitants4 ,those who thus came were for the most part drawn to it from some official duty or private interest1 which1 when performed or attained1 they generally troubled themselves but little1 or not at all1 about the other business of the meeting4#b ,footnote #b3 ,quincy's ,municipal ,history of ,boston1 p4 #bh4 ,under these circumstances it was found necessary in #ahbb to drop the town-meeting altogether and devise a new form of government for ,boston4 ,after various plans had been suggested and discussed1 it was decided that the new government should be vested in a ,mayor2 a select council of eight persons to be called the ,board of ,aldermen2 and a ,common ,council of forty-eight persons1 four from each of twelve wards into which the city was to be divided4 ,all these officials were to be elected by the people4 ,at the same time the official name ,town of ,boston was changed to ,city of ,boston4 ,sidenote3 ,distinctions between towns and cities4 ,there is more or less of history involved in these offices and designations1 to which we may devote a few words of explanation4 ,in ,new ,england local usage there is an ambiguity in the word town4 ,as an official designation it means the inhabitants of a township considered as a community or corporate body4 ,in common parlance it often means the patch of land constituting the township on the map1 as when we say that ,squire ,brown's elm is the biggest tree in town4 ,but it still oftener means a collection of streets1 houses1 and families too large to be called a village1 but without the municipal government that characterizes a city4 ,sometimes it is used par excellence for a city1 as when an inhabitant of ,cambridge1 itself a large suburban city1 speaks of going to ,boston as going into town4 ,but such cases are of course mere survivals from the time when the suburb was a village4 ,in ,american usage generally the town is something between village and city1 a kind of inferior or incomplete city4 ,the image which it calls up in the mind is of something urban and not rural4 ,this agrees substantially with the usage in ,european history1 where town ordinarily means a walled town or city as contrasted with a village4 ,in ,england the word is used either in this general sense1 or more specifically as signifying an inferior city1 as in ,america4 ,but the thing which the town lacks1 as compared with the complete city1 is very different in ,america from what it is in ,england4 ,in ,america it is municipal government--with mayor1 aldermen1 and common council--which must be added to the town in order to make it a city4 ,in ,england the town may 7and usually does7 have this municipal government2 but it is not distinguished by the ,latin name city unless it has a cathedral and a bishop4 ,or in other words the ,english city is1 or has been1 the capital of a diocese4 ,other towns in ,england are distinguished as boroughs1 an old ,teutonic word which was originally applied to towns as fortified places4#c ,the voting inhabitants of an ,english city are called citizens2 those of a borough are called burgesses4 ,thus the official corporate designation of ,cambridge is the mayor1 aldermen1 and burgesses of ,cambridge2 but ,oxford is the seat of a bishopric1 and its corporate designation is the mayor1 aldermen1 and citizens of ,oxford4 ,footnote #c3 ,the word appears in many town names1 such as ,edinburgh1 ,scarborough1 ,canterbury1 ,bury ,st4 ,edmunds2 and on the ,continent1 as ,hamburg1 ,cherbourg1 ,burgos1 etc4 ,in ,connecticut1 ,new ,jersey1 ,pennsylvania1 and ,minnesota1 the name borough is applied to a certain class of municipalities with some of the powers of cities4 ,,questions ,,on ,,the ,,text4 #a4 ,what is the essential difference between township government and county government8 #b4 ,what is the distinct advantage of the former8 #c4 ,why is direct government impossible in the county8 #d4 ,speak of the degree of efficiency in county government4 #e4 ,why is direct government impossible in a city8 #f4 ,what difficulties in direct government were experienced in ,boston in #ahbj and many years preceding8 #g4 ,what remedy for these difficulties was adopted8 #h4 ,show how the word town is used to indicate a4 ,the land of a township4 b4 ,a somewhat large collection of streets1 houses1 and families4 c4 ,and even1 in some instances1 a city4 #i4 ,what is the town commonly understood to be in ,american usage8 #aj4 ,what is the difference in the ,united ,states between a town and a city8 #aa4 ,what is the difference in ,england between a town and a city8 #ab4 ,distinguish between citizens and burgesses in ,england4 ,section #b4 ,origin of ,english ,boroughs and ,cities4 ,sidenote3 ,chesters4 ,sidenote3 ,coalescence of towns to fortified boroughs4 ,what1 then1 was the origin of the ,english borough or city8 ,in the days when ,roman legions occupied for a long time certain military stations in ,britain1 their camps were apt to become centres of trade and thus to grow into cities4 ,such places were generally known as casters or chesters1 from the ,latin castra1 camp1 and there are many of them on the map of ,england to-day4 ,but these were exceptional cases4 ,as a rule the origin of the borough was as purely ,english as its name4 ,we have seen that the town was originally the dwelling-place of a stationary clan1 surrounded by palisades or by a dense quickset hedge4 ,now where such small enclosed places were thinly scattered about they developed simply into villages4 ,but where1 through the development of trade or any other cause1 a good many of them grew up close together within a narrow compass1 they gradually coalesced into a kind of compound town2 and with the greater population and greater wealth1 there was naturally more elaborate and permanent fortification than that of the palisaded village4 ,there were massive walls and frowning turrets1 and the place came to be called a fortress or borough4 ,the borough1 then1 was simply several townships packed tightly together2 a hundred smaller in extent and thicker in population than other hundreds4#d ,footnote #d3 ,freeman1 ,norman ,conquest1 vol4 v4 p4 #dff4 ,for a description of the hundred1 see above1 pp4 #ge-hj4 ,sidenote3 ,the borough as a hundred4 ,from this compact and composite character of the borough came several important results4 ,we have seen that the hundred was the smallest area for the administration of justice4 ,the township was in many respects self-governing1 but it did not have its court1 any more than the ,new ,england township of the present day has its court4 ,the lowest court was that of the hundred1 but as the borough was equivalent to a hundred it soon came to have its own court4 ,and although much obscurity still surrounds the early history of municipal government in ,england1 it is probable that this court was a representative board1 like any other hundred court1 and that the relation of the borough to its constituent townships resembled the relation of the modern city to its constituent wards4 ,sidenote3 ,the borough as a county4 ,but now as certain boroughs grew larger and annexed outlying townships1 or acquired adjacent territory which presently became covered with streets and houses1 their constitution became still more complex4 ,the borough came to embrace several closely packed hundreds1 and thus became analogous to a shire4 ,in this way it gained for itself a sheriff and the equivalent of a county court4 ,for example1 under the charter granted by ,henry ,i4 in #aaja1 ,london was expressly recognized as a county by itself4 ,its burgesses could elect their own chief magistrate1 who was called the port-reeve1 inasmuch as ,london is a seaport2 in some other towns he was called the borough-reeve4 ,he was at once the chief executive officer and the chief judge4 ,the burgesses could also elect their sheriff1 although in all rural counties ,henry's father1 ,william the ,conqueror1 had lately deprived the people of this privilege and appointed the sheriffs himself4 ,london had its representative board1 or council1 which was the equivalent of a county court4 ,each ward1 moreover1 had its own representative board1 which was the equivalent of a hundred court4 ,within the wards1 or hundreds1 the burgesses were grouped together in township1 parish1 or manor4444 ,into the civic organization of ,london1 to whose special privileges all lesser cities were ever striving to attain1 the elements of local administration embodied in the township1 the hundred1 and the shire thus entered as component parts4#e ,constitutionally1 therefore1 ,london was a little world in itself1 and in a less degree the same was true of other cities and boroughs which afterwards obtained the same kind of organization1 as for example1 ,york and ,newcastle1 ,lincoln and ,norwich1 ,southampton and ,bristol4 ,footnote #e3 ,hannis ,taylor1 ,origin and ,growth of the ,english ,constitution1 vol4 i4 p4 #deh4 ,sidenote3 ,the guilds4 ,sidenote3 mayor1 aldermen1 and common council4 ,in such boroughs or cities all classes of society were brought into close contact1--barons and knights1 priests and monks1 merchants and craftsmen1 free labourers and serfs4 ,but trades and manufactures1 which always had so much to do with the growth of the city1 acquired the chief power and the control of the government4 ,from an early period tradesmen and artisans found it worth while to form themselves into guilds or brotherhoods1 in order to protect their persons and property against insult and robbery at the hands of great lords and their lawless military retainers4 ,thus there came to be guilds1 or worshipful companies1 of grocers1 fishmongers1 butchers1 weavers1 tailors1 ironmongers1 carpenters1 saddlers1 armourers1 needle-makers1 etc4 ,in large towns there was a tendency among such trade guilds to combine in a united brotherhood1 or town guild1 and this organization at length acquired full control of the city government4 ,in ,london this process was completed in the course of the thirteenth century4 ,to obtain the full privileges of citizenship one had to be enrolled in a guild4 ,the guild hall became the city hall4 ,the aldermen1 or head men of sundry guilds1 became the head men of the several wards4 ,there was a representative board1 or common council1 elected by the citizens4 ,the aldermen and common council held their meetings in the ,guildhall1 and over these meetings presided the chief magistrate1 or port-reeve1 who by this time1 in accordance with the fashion then prevailing1 had assumed the ,french title of mayor4 ,as ,london had come to be a little world in itself1 so this city government reproduced on a small scale the national government2 the mayor answering to the king1 the aristocratic board of aldermen to the ,house of ,lords1 and the democratic common council to the ,house of ,commons4 ,a still more suggestive comparison1 perhaps1 would be between the aldermen and our federal ,senate1 since the aldermen represented wards1 while the common council represented the citizens4 ,sidenote3 ,the city of ,london4 ,the constitution thus perfected in the city of ,london#f six hundred years ago has remained to this day without essential change4 ,the voters are enrolled members of companies which represent the ancient guilds4 ,each year they choose one of the aldermen to be lord mayor4 ,within the city he has precedence next to the sovereign and before the royal family2 elsewhere he ranks as an earl1 thus indicating the equivalence of the city to a county1 and with like significance he is lord lieutenant of the city and justice of the peace4 ,the twenty-six aldermen1 one for each ward1 are elected by the people1 such as are entitled to vote for members of parliament2 they are justices of the peace4 ,the common councilmen1 #bjf in number1 are also elected by the people1 and their legislative power within the city is practically supreme2 parliament does not think of overruling it4 ,and the city government thus constituted is one of the most clean-handed and efficient in the world4#g ,footnote #f3 ,the city of ,london extends east and west from the ,tower to ,temple ,bar1 and north and south from ,finsbury to the ,thames1 with a population of not more than #ajj1jjj1 and is but a small part of the enormous metropolitan area now known as ,london1 which is a circle of twelve miles radius in every direction from its centre at ,charing ,cross1 with a population of more than #e1jjj1jjj4 ,this vast area is an agglomeration of many parishes1 manors1 etc41 and has no municipal government in common4 ,footnote #g3 ,loftie1 ,history of ,london 1 vol4 i4 p4 #ddf ,sidenote3 ,english cities1 the bulwarks of liberty4 ,the development of other ,english cities and boroughs was so far like that of ,london that merchant guilds generally obtained control1 and government by mayor1 aldermen1 and common council came to be the prevailing type4 ,having also their own judges and sheriffs1 and not being obliged to go outside of their own walls to obtain justice1 to enforce contracts and punish crime1 their efficiency as independent self-governing bodies was great1 and in many a troubled time they served as staunch bulwarks of ,english liberty4 ,the strength of their turreted walls was more than supplemented by the length of their purses1 and such immunity from the encroachments of lords and king as they could not otherwise win1 they contrived to buy4 ,arbitrary taxation they generally escaped by compounding with the royal exchequer in a fixed sum or quit-rent1 known as the firma burgi4 ,we have observed the especial privilege which ,henry ,i4 confirmed to ,london1 of electing its own sheriff4 ,london had been prompt in recognizing his title to the crown1 and such support1 in days when the succession was not well regulated1 no prudent king could afford to pass by without some substantial acknowledgment4 ,it was never safe for any king to trespass upon the liberties of ,london1 and through the worst times that city has remained a true republic with liberal republican sentiments4 ,if ,george ,,iii4 could have been guided by the advice of ,london1 as expressed by its great alderman ,beckford1 the ,american colonies would not have been driven into rebellion4 ,sidenote3 ,simon de ,montfort and the cities4 ,the most signal part played by the ,english boroughs and cities1 in securing ,english freedom1 dates from the thirteenth century1 when the nation was vaguely struggling for representative government on a national scale1 as a means of curbing the power of the crown4 ,in that memorable struggle1 the issue of which to some extent prefigured the shape that the government of the ,united ,states was to take five hundred years afterward1 the cities and boroughs supported ,simon de ,montfort1 the leader of the popular party and one of the foremost among the heroes and martyrs of ,english liberty4 ,accordingly on the morrow of his decisive victory at ,lewes in #abfd1 when for the moment he stood master of ,england1 as ,cromwell stood four centuries later ,simon called a parliament to settle the affairs of the kingdom1 and to this parliament he invited1 along with the lords who came by hereditary custom1 not only two elected representatives from each rural county1 but also two elected representatives from each city and borough4 ,in this parliament1 which met in #abfe1 the combination of rural with urban representatives brought all parts of ,england together in a grand representative body1 the ,house of ,commons1 with interests in common2 and thus the people presently gained power enough to defeat all attempts to establish irresponsible government1 such as we call despotism1 on the part of the crown4 ,sidenote3 ,oligarchical abuses in ,english cities 7cir4 #aejj-ahce74 ,if we look at the later history of ,english cities and boroughs1 it appears that1 in spite of the splendid work which they did for the ,english people at large1 they did not always succeed in preserving their own liberties unimpaired4 ,london1 indeed1 has always maintained its character as a truly representative republic4 ,but in many ,english cities1 during the ,tudor and ,stuart periods1 the mayor and aldermen contrived to dispense with popular election1 and thus to become close corporations or self-perpetuating oligarchical bodies4 ,there was a notable tendency toward this sort of irresponsible government in the reign of ,james ,i41 and the ,puritans who came to the shores of ,massachusetts ,bay were inspired with a feeling of revolt against such methods4 ,this doubtless lent an emphasis to the mood in which they proceeded to organize themselves into free self-governing townships4 ,the oligarchical abuses in ,english cities and boroughs remained until they were swept away by the great ,municipal ,reform ,act of #ahce4 ,sidenote3 ,government of the city of ,new ,york 7#afhf-ahba74 ,the first city governments established in ,america were framed in conscious imitation of the corresponding institutions in ,england4 ,the oldest city government in the ,united ,states is that of ,new ,york4 ,shortly after the town was taken from the ,dutch in #affd1 the new governor1 ,colonel ,nichols1 put an end to its ,dutch form of government1 and appointed a mayor1 five aldermen1 and a sheriff4 ,these officers appointed inferior officers1 such as constables1 and little or nothing was left to popular election4 ,but in #afhf1 under ,governor ,dongan1 ,new ,york was regularly incorporated and chartered as a city4 ,its constitution bore an especially close resemblance to that of ,norwich1 then the third city in ,england in size and importance4 ,the city of ,new ,york was divided into six wards4 ,the governing corporation consisted of the mayor1 the recorder1 the town-clerk1 six aldermen1 and six assistants4 ,all the land not taken up by individual owners was granted as public land to the corporation1 which in return paid into the ,british exchequer one beaver-skin yearly4 ,this was a survival of the old quit-rent or firma burgi4#h ,the city was made a county1 and thus had its court1 its sheriff and coroner1 and its high constable4 ,other officers were the chamberlain or treasurer1 seven inferior constables1 a sergeant-at-arms1 and a clerk of the market1 who inspected weights and measures1 and punished delinquencies in the use of them4 ,the principal judge was the recorder1 who1 as we have just seen1 was one of the corporation4 ,the aldermen1 assistants1 and constables were elected annually by the people2 but the mayor and sheriff were appointed by the governor4 ,the recorder1 town-clerk1 and clerk of the market were to be appointed by the king1 but in case the king neglected to act1 these appointments also were made by the governor4 ,the high constable was appointed by the mayor1 the treasurer by the mayor1 aldermen1 and assistants1 who seem to have answered to the ordinary common council4 ,the mayor1 recorder1 and aldermen1 without the assistants1 were a judicial body1 and held a weekly court of common pleas4 ,when the assistants were added1 the whole became a legislative body empowered to enact by-laws4 ,footnote #h3 ,jameson1 ,the ,municipal ,government of ,new ,york1 ,mag4 ,amer4 ,hist41 vol4 viii4 p4 #fji4 ,although this charter granted very imperfect powers of self-government1 the people contrived to live under it for a hundred and thirty-five years1 until #ahba4 ,before the ,revolution their petitions succeeded in obtaining only a few unimportant amendments4#i ,when the ,british army captured the city in ,september1 #aggf1 it was forthwith placed under martial law1 and so remained until the army departed in ,november1 #aghc4 ,during those seven years ,new ,york was not altogether a comfortable place in which to live4 ,after #aghc the city government remained as before1 except that the state of ,new ,york assumed the control formerly exercised by the ,british crown4 ,mayor and recorder1 town-clerk and sheriff1 were now appointed by a council of appointment consisting of the governor and four senators4 ,this did not work well1 and the constitution of #ahba gave to the people the power of choosing their sheriff and town-clerk1 while the mayor was to be elected by the common council4 ,nothing but the appointment of the recorder remained in the hands of the governor4 ,thus nearly forty years after the close of the ,war of ,independence the city of ,new ,york acquired self-government as complete as that of the city of ,london4 ,in #aheg1 as we shall see1 this self-government was greatly curtailed1 with results more or less disastrous4 ,footnote #i3 ,especially in the so-called ,montgomerie charter of #agcj4 ,sidenote3 ,city government in ,philadelphia 7#agja-aghi74 ,the next city governments to be organized in the ,american colonies1 after that of ,new ,york1 were those of ,philadelphia1 incorporated in #agja1 and ,annapolis1 incorporated in #agjh4 ,these governments were framed after the wretched pattern then so common in ,england4 ,in both the mayor1 the recorder1 the aldermen1 and the common council constituted a close self-electing corporation4 ,the resulting abuses were not so great as in ,england1 probably because the cities were so small4 ,but in course of time1 especially in ,philadelphia as it increased in population1 the viciousness of the system was abundantly illustrated4 ,as the people could not elect the governing corporation or any of its members1 they very naturally and reasonably distrusted it1 and through the legislature they contrived so to limit its powers of taxation that it was really unable to keep the streets in repair1 to light them at night1 or to support an adequate police force4 ,an attempt was made to supply such wants by creating divers independent boards of commissioners1 one for paving and draining1 another for street-lamps and watchmen1 a third for town-pumps1 and so on4 ,in this way responsibility got so minutely parcelled out and scattered1 and there was so much jealousy and wrangling between the different boards and the corporation1 that the result was chaos4 ,the public money was habitually wasted and occasionally embezzled1 and there was general dissatisfaction4 ,in #aghi the close corporation was abolished1 and thereafter the aldermen and common council were elected by the citizens1 the mayor was chosen by the aldermen out of their own number1 and the recorder was appointed by the mayor and aldermen4 ,thus ,philadelphia obtained a representative government4 ,sidenote3 ,traditions of good government lacking4 ,these instances of ,new ,york and ,philadelphia sufficiently illustrate the beginnings of city government in the ,united ,states4 ,in each case the system was copied from ,england at a time when city government in ,england was sadly demoralized4 ,what was copied was not the free republic of ,london1 with its noble traditions of civic honour and sagacious public spirit1 but the imperfect republics or oligarchies into which the lesser ,english boroughs were sinking1 amid the foul political intrigues and corruption which characterized the ,stuart period4 ,the government of ,american cities in our own time is admitted on all hands to be far from satisfactory4 ,it is interesting to observe that the cities which had municipal government before the ,revolution1 though they have always had their full share of able and high-minded citizens1 do not possess even the tradition of good government4 ,and the difficulty1 in those colonial times1 was plainly want of adequate self-government1 want of responsibility on the part of the public servants toward their employers the people4 ,,questions ,,on ,,the ,,text4 #a4 ,what was the origin of the casters and chesters that are found in ,england to-day8 #b4 ,trace the development of the ,english borough until it became a kind of hundred4 #c4 ,compare this borough1 with the hundred in the administration of justice4 #d4 ,trace the further development of the borough in cases in which it became a county4 #e4 ,illustrate this development with ,london1 showing how the elements of the township1 the hundred1 and the shire government enter into its civic organization4 #f4 ,explain the origin and the objects of the various guilds4 #g4 ,speak of the town guild under the following heads3-- a4 ,its composition and power4 b4 ,its relation to citizenship4 c4 ,its place of meeting4 d4 ,the aldermen4 e4 ,the common council4 f4 ,the chief magistrate4 #h4 ,compare the government of ,london with that of ,great ,britain or of the ,united ,states4 #i4 ,give some account of the lord mayor1 the aldermen1 and the councilmen of ,london4 #aj4 ,distinguish between ,london the city and ,london the metropolis4 #aa4 ,show how the ,english cities and boroughs became bulwarks of liberty by 7#a7 their facilities for obtaining justice1 7#b7 the strength of their walls1 and 7#c7 the length of their purses4 #ab4 ,contrast the power of ,london with that of the throne4 #ac4 ,what notable advance in government was made under the leadership of ,simon de ,montfort8 #ad4 ,what abuses crept into the government of many of the ,english cities8 #ae4 ,what was the ,puritan attitude towards such abuses8 #af4 ,give an account of the government of ,new ,york city3-- a4 ,the charter of #afhf4 b4 ,the governing corporation4 c4 ,the public land4 d4 ,the city's privileges as a county4 e4 ,officers by election and by appointment4 f4 ,judicial functions4 g4 ,martial law4 h4 ,the charter of #ahba4 #ag4 ,give an account of the government of ,philadelphia3-- a4 ,the governments after which it was patterned4 b4 ,the viciousness of the system adopted4 c4 ,the legislative interference that was thus provoked4 d4 ,the division of responsibility and the results of such division4 e4 ,the nature of the changes made in #aghi4 #ah4 ,why are the traditions of good government lacking in the older ,american cities8 ,section #c4 ,the ,government of ,cities in the ,united ,states4 ,sidenote3 ,several features of our city governments4 ,at the present day ,american municipal governments are for the most part constructed on the same general plan1 though with many variations in detail4 ,there is an executive department1 with the mayor at its head4 ,the mayor is elected voters of the city1 and holds office generally for one year1 but sometimes for two or three years1 and in ,st4 ,louis and ,philadelphia even for four years4 ,under the mayor are various heads of departments1--street commissioners1 assessors1 overseers of the poor1 etc41--sometimes elected by the citizens1 sometimes appointed by the mayor or the city council4 ,this city council ,is a legislative body1 usually consisting of two chambers1 the aldermen and the common council1 elected by the citizens2 but in many small cities1 and a few of the largest1--such as ,new ,york1 ,brooklyn1 ,chicago1 and ,san ,francisco1--there is but one such chamber4 ,then there are city judges1 sometimes appointed by the governor of the state1 to serve for life or during good behaviour1 but usually elected by the citizens for short terms4 ,all appropriations of money for city purposes are made by the city council2 and as a general rule this council has some control over the heads of executive departments1 which it exercises through committees4 ,thus there may be a committee upon streets1 upon public buildings1 upon parks or almshouses or whatever the municipal government is concerned with4 ,the head of a department is more or less dependent upon his committee1 and in practice this is found to divide and weaken responsibility4 ,the heads of departments are apt to be independent of one another1 and to owe no allegiance in common to any one4 ,the mayor1 when he appoints them1 usually does so subject to the approval1 of the city council or of one branch of it4 ,the mayor is usually not a member of the city council1 but can veto its enactments1 which however can be passed over his veto by a two thirds majority4 ,sidenote3 ,they do not seem to work well4 ,sidenote3 some difficulties to be stated4 ,city governments thus constituted are something like state governments in miniature4 ,the relation of the mayor to the city council is somewhat like that of the governor to the state legislature1 and of the president to the national congress4 ,in theory nothing could well be more republican1 or more unlike such city governments as those of ,new ,york and ,philadelphia before the ,revolution4 ,yet in practice it does not seem to work well4 ,new ,york and ,philadelphia seem to have heard as many complaints in the nineteenth century as in the eighteenth1 and the same kind of complaints1--of excessive taxation1 public money wasted or embezzled1 ill-paved and dirty streets1 inefficient police1 and so on to the end of the chapter4 ,in most of our large cities similar evils have been witnessed1 and in too many of the smaller ones the trouble seems to be the same in kind1 only less in degree4 ,our republican government1 which1 after making all due allowances1 seems to work remarkably well in rural districts1 and in the states1 and in the nation1 has certainly been far less successful as applied to cities4 ,accordingly our cities have come to furnish topics for reflection to which writers and orators fond of boasting the unapproachable excellence of ,american institutions do not like to allude4 ,fifty years ago we were wont to speak of civil government in the ,united ,states as if it had dropped from heaven or had been specially created by some kind of miracle upon ,american soil2 and we were apt to think that in mere republican forms there was some kind of mystic virtue which made them a panacea for all political evils4 ,our later experience with cities has rudely disturbed this too confident frame of mind4 ,it has furnished facts which do not seem to fit our self-complacent theory1 so that now our writers and speakers are inclined to vent their spleen upon the unhappy cities1 perhaps too unreservedly4 ,we hear them called foul sinks of corruption and plague spots on our body politic4 ,yet in all probability our cities are destined to increase in number and to grow larger and larger2 so that perhaps it is just as well to consider them calmly1 as presenting problems which had not been thought of when our general theory of government was first worked out a hundred years ago1 but which1 after we have been sufficiently taught by experience1 we may hope to succeed in solving1 just as we have heretofore succeeded in other things4 ,a general discussion of the subject does not fall within the province of this brief historical sketch4 ,but our account would be very incomplete if we were to stop short of mentioning some of the recent attempts that have been made toward reconstructing our theories of city government and improving its practical working4 ,and first1 let us point out a few of the peculiar difficulties of the problem1 that we may see why we might have been expected1 up to the present time1 to have been less successful in managing our great cities than in managing our rural communities1 and our states1 and our nation4 ,sidenote3 ,rapid growth of ,american cities4 ,in the first place1 the problem is comparatively new and has taken us unawares4 ,at the time of ,washington's inauguration to the presidency there were no large cities in the ,united ,states4 ,philadelphia had a population of #db1jjj2 ,new ,york had #cc1jjj2 ,boston1 which came next1 with #ah1jjj1 was not yet a city4 ,then came ,baltimore1 with #ac1jjj2 while ,brooklyn was a village of #a1fjj souls4 ,now these five cities have a population of more than #d1jjj1jjj1 or more than that of the ,united ,states in #aghi4 ,and consider how rapidly new cities have been added to the list4 ,one hardly needs to mention the most striking cases1 such as ,chicago1 with #d1jjj inhabitants in #ahdj4 and at least #a1jjj1jjj in #ahij2 or ,denver1 with its miles of handsome streets and shops1 and not one native inhabitant who has reached his thirtieth birthday4 ,such facts are summed up in the general statement that1 whereas in #agij the population of the ,united ,states was scarcely #d1jjj1jjj1 and out of each #ajj inhabitants only #c dwelt in cities and the other #ig in rural places2 on the other hand in #ahhj1 when the population was more than #ej1jjj1jjj1 out of each #ajj inhabitants #bc dwelt in cities and #gg in rural places4 ,but duly to appreciate the rapidity of this growth of cities1 we must observe that most of it has been subsequent to #ahdj4 ,in #agij there were six towns in the ,united ,states that might be ranked as cities from their size1 though to get this number we must include ,boston4 ,in #ahjj the number was the same4 ,by #ahaj the number had risen from #f to #aa2 by #ahbj it had reached #ac2 by #ahcj this thirteen had doubled and become #bf2 and in #ahdj there were #dd cities altogether4 ,the urban population increased from #baj1hgc in #ahjj to #a1dec1iid in #ahdj4 ,but between #ahdj and #ahhj the number of new cities which came into existence was #bdb1 and the urban population increased to #aa1cah1edg4 ,nothing like this was ever known before in any part of the world1 and perhaps it is not strange that such a tremendous development did not find our methods of government fully prepared to deal with it4 ,sidenote3 ,want of practical foresight4 ,this rapidity of growth has entailed some important consequences4 ,in the first place it obliges the city to make great outlays of money in order to get immediate results4 ,public works must be undertaken with a view to quickness rather than thoroughness4 ,pavements1 sewers1 and reservoirs of some sort must be had at once1 even if inadequately planned and imperfectly constructed2 and so1 before a great while1 the work must be done over again4 ,such conditions of imperative haste increase the temptations to dishonesty as well as the liability to errors of judgment on the part of the men who administer the public funds4#aj ,then the rapid growth of a city1 especially of a new city1 requiring the immediate construction of a certain amount of public works1 almost necessitates the borrowing of money1 and debt means heavy taxes4 ,it is like the case of a young man who1 in order to secure a home for his quickly growing family1 buys a house under a heavy mortgage4 ,twice a year there comes in a great bill for interest1 and in order to meet it he must economize in his table or now and then deny himself a new suit of clothes4 ,so if a city has to tax heavily to pay its debts1 it must cut down its current expenses somewhere1 and the results are sure to be visible in more or less untidiness and inefficiency4 ,mr4 ,low tells us that very few of our ,american cities have yet paid in full the cost of their original water-works4 ,lastly1 much wastefulness results from want of foresight4 ,it is not easy to predict how a city will grow1 or the nature of its needs a few years hence4 ,moreover1 even when it is easy enough to predict a result1 it is not easy to secure practical foresight on the part of a city council elected for the current year4 ,its members are afraid of making taxes too heavy this year1 and considerations of ten years hence are apt to be dismissed as visionary4 ,it is always hard for us to realize how terribly soon ten years hence will be here4 ,the habit of doing things by halves has been often commented on 7and1 perhaps1 even more by our own writers than by foreigners7 as especially noticeable in ,america4 ,it has doubtless been fostered by the conditions which in so many cases have made it absolutely necessary to adopt temporary makeshifts4 ,these conditions have produced a certain habit of mind4 ,footnote #aj3 ,this and some of the following considerations have been ably set forth and illustrated by ,hon4 ,seth ,low1 president of ,columbia ,college1 and lately mayor of ,brooklyn1 in an address at ,johns ,hopkins ,university1 published in ,j4 ,h4 ,u4 ,studies1 ,supplementary ,notes1 no4 #d4 ,sidenote3 ,growth in complexity of government in cities4 ,let us now observe that as cities increase in size the amount of government that is necessary tends in some respects to increase4 ,wherever there is a crowd there is likely to be some need of rules and regulations4 ,in the country a man may build his house pretty much as he pleases2 but in the city he may be forbidden to build it of wood1 and perhaps even the thickness of the party walls or the position of the chimneys may come in for some supervision on the part of the government4 ,for further precaution against spreading fires1 the city has an organized force of men1 with costly engines1 engine-houses1 and stables4 ,in the country a board of health has comparatively little to do2 in the city it is often confronted with difficult sanitary problems which call for highly paid professional skill on the part of physicians and chemists1 architects and plumbers1 masons and engineers4 ,so1 too1 the water supply of a great city is likely to be a complicated business1 and the police force may well need as much1 management as a small army4 ,in short1 with a city1 increase in size is sure to involve increase in complexity of organization1 and this means a vast increase in the number of officials for doing the work and of details to be superintended4 ,for example1 let us enumerate the executive department and officers of the city of ,boston at the present time4 ,sidenote3 ,municipal officers in ,boston4 ,there are three street commissioners with power to lay out streets and assess damages thereby occasioned4 ,these are elected by the people4 ,the following officers are appointed by the mayor1 with the concurrence of the aldermen3 a superintendent of streets1 an inspector of buildings1 three commissioners each for the fire and health departments1 four overseers of the poor1 besides a board of nine directors for the management of almshouses1 houses of correction1 lunatic hospital1 etc42 a city hospital board of five members1 five trustees of the public library1 three commissioners each for parks and water-works2 five chief assessors1 to estimate the value of property and assess city1 county1 and state taxes2 a city collector1 a superintendent of public buildings1 five trustees of ,mount ,hope ,cemetery1 six sinking fund commissioners1 two record commissioners1 three registrars of voters1 a registrar of births1 deaths1 and marriages1 a city treasurer1 city auditor1 city solicitor1 corporation counsel1 city architect1 city surveyor1 superintendent of ,faneuil ,hall ,market1 superintendent of street lights1 superintendent of sewers1 superintendent of printing1 superintendent of bridges1 five directors of ferries1 harbour master and ten assistants1 water registrar1 inspector of provisions1 inspector of milk and vinegar1 a sealer and four deputy sealers of weights and measures1 an inspector of lime1 three inspectors of petroleum1 fifteen inspectors of pressed hay1 a culler of hoops and staves1 three fence-viewers1 ten field-drivers and pound-keepers1 three surveyors of marble1 nine superintendents of hay scales1 four measurers of upper leather1 fifteen measurers of wood and bark1 twenty measurers of grain1 three weighers of beef1 thirty-eight weighers of coal1 five weighers of boilers and heavy machinery1 four weighers of ballast and lighters1 ninety-two undertakers1 #aej constables1 #ifh election officers and their deputies4 ,a few of these officials serve without pay1 some are paid by salaries fixed by the council1 some by fees4 ,besides these there is a clerk of the common council elected by that body1 and also the city clerk1 city messenger1 and clerk of committees1 in whose election both branches of the city council concur4 ,the school committee1 of twenty-four members1 elected by the people1 is distinct from the rest of the city government1 and so is the board of police1 composed of three commissioners appointed by the state executive4#aa ,footnote #aa3 ,bugbee1 ,the ,city ,government of ,boston1 ,j4,h4,u4 ,studies1 ,v41 iii4 ,sidenote3 ,how city government comes to be a mystery4 ,this long list may serve to give some idea of the mere quantity of administrative work required in a large city4 ,obviously under such circumstances city government must become more or less of a mystery to the great mass of citizens4 ,they cannot watch its operations as the inhabitants of a small village can watch the proceedings of their township and county governments4 ,much work must go on which cannot even be intelligently criticised without such special knowledge as it would be idle to expect in the average voter1 or perhaps in any voter4 ,it becomes exceedingly difficult for the taxpayer to understand just what his money goes for1 or how far the city expenses might reasonably be reduced2 and it becomes correspondingly easy for municipal corruption to start and acquire a considerable headway before it can be detected and checked4 ,sidenote3 ,in some respects it is more of a mystery that state and national government4 ,in some respects city government is harder to watch intelligently than the government of the state or of the nation4 ,for these wider governments are to some extent limited to work of general supervision4 ,as compared with the city1 they are more concerned with the establishment and enforcement of certain general principles1 and less with the administration of endlessly complicated details4 ,i do not mean to be understood as saying that there is not plenty of intricate detail about state and national governments4 ,i am only comparing one thing with another1 and it seems to me that one chief difficulty with city government is the bewildering vastness and multifariousness of the details with which it is concerned4 ,the modern city has come to be a huge corporation for carrying on a huge business with many branches1 most of which call for special aptitude and training4 ,sidenote3 ,the mayor at first had too little power4 ,as these points have gradually forced themselves upon public attention there has been a tendency in many of our large cities toward remodeling their governments on new principles4 ,the most noticeable feature of this tendency is the increase in the powers of the mayor4 ,a hundred years ago our legislators and constitution-makers were much afraid of what was called the one-man power4 ,in nearly all the colonies a chronic quarrel had been kept up between the governors appointed by the king and the legislators elected by the people1 and this had made the one-man power very unpopular4 ,besides1 it was something that had been unpopular in ancient ,greece and ,rome1 and it was thought to be essentially unrepublican in principle4 ,accordingly our great grandfathers preferred to entrust executive powers to committees rather than to single individuals2 and when they assigned an important office to an individual they usually took pains to curtail its power and influence4 ,this disposition was visible in our early attempts to organize city governments like little republics4 ,first1 in the board of aldermen and the common council we had a two-chambered legislature4 ,then1 lest the mayor should become dangerous1 the veto power was at first generally withheld from him1 and his appointments of executive officers needed to be confirmed by at least one branch of the city council4 ,these executive officers1 moreover1 as already observed1 were subject to more or less control or oversight from committees of the city council4 ,sidenote3 ,scattering and weakening of responsibility4 ,now this system1 in depriving the mayor of power1 deprived him of responsibility1 and left the responsibility nowhere in particular4 ,in making appointments the mayor and council would come to some sort of compromise with each other and exchange favours4 ,perhaps for private reasons incompetent or dishonest officers would get appointed1 and if the citizens ventured to complain the mayor would say that he appointed as good men as the council could be induced to confirm1 and the council would declare their willingness to confirm good appointments if the mayor could only be persuaded to make them4 ,sidenote3 ,committees inefficient for executive purposes4 ,then the want of subordination of the different executive departments made it impossible to secure unity of administration or to carry out any consistent and generally intelligible policy4 ,between the various executive officers and visiting committees there was apt to be a more or less extensive interchange of favours1 or what is called log-rolling2 and sums of money would be voted by the council only thus to leak away in undertakings the propriety or necessity of which was perhaps hard to determine4 ,there was no responsible head who could be quickly and sharply called to account4 ,each official's hands were so tied that whatever went wrong he could declare that it was not his fault4 ,the confusion was enhanced by the practice of giving executive work to committees or boards instead of single officers4 ,benjamin ,franklin used to say1 if you wish to be sure that a thing is done1 go and do it yourself4 ,human experience certainly proves that this is the only absolutely safe way4 ,the next best way is to send some competent person to do it for you2 and if there is no one competent to be had1 you do the next best thing and entrust the work to the least incompetent person you can find4 ,if you entrust it to a committee your prospect of getting it done is diminished and it grows less if you enlarge your committee4 ,by the time you have got a group of committees1 independent of one another and working at cross purposes1 you have got ,dickens's famous ,circumlocution ,office1 where the great object in life was how not to do it4 ,sidenote #a3 ,increase of city debts4 ,sidenote #b3 ,attempt to cure the evil by state interference2 experience of ,new ,york4 ,amid the general dissatisfaction over the extravagance and inefficiency of our city governments1 people's attention was first drawn to the rapid and alarming increase of city indebtedness in various parts of the country4 ,a heavy debt may ruin a city as surely as an individual1 for it raises the rate of taxation1 and thus1 as was above pointed out1 it tends to frighten people and capital away from the city4 ,at first it was sought to curb the recklessness of city councils in incurring lavish expenditures by giving the mayor a veto power4 ,laws were also passed limiting the amount of debt which a city would be allowed to incur under any circumstances4 ,clothing the mayor with the veto power is now seen to have been a wise step2 and arbitrary limitation of the amount of debt1 though a clumsy expedient1 is confessedly a necessary one4 ,but beyond this1 it was in some instances attempted to take the management of some departments of city business out of the hands of the city and put them into the hands of the state legislature4 ,the most notable instance of this was in ,new ,york in #aheg4 ,the results1 there and elsewhere1 have been generally regarded as unsatisfactory4 ,after a trial of thirty years the experience of ,new ,york has proved that a state legislature is not competent to take proper care of the government of cities4 ,its members do not know enough about the details of each locality1 and consequently local affairs are left to the representatives from each locality1 with log-rolling as the inevitable result4 ,a man fresh from his farm on the edge of the ,adirondacks knows nothing about the problems pertaining to electric wires in ,broadway1 or to rapid transit between ,harlem and the ,battery2 and his consent to desired legislation on such points can very likely be obtained only by favouring some measure which he thinks will improve the value of his farm1 or perhaps by helping him to debauch the civil service by getting some neighbour appointed to a position for which he is not qualified4 ,all this is made worse by the fact that the members of a state government are generally less governed by a sense of responsibility toward the citizens of a particular city than even the worst local government that can be set up in such a city4#ab ,footnote #a3 ,it is not intended to deny that there may be instances in which the state government may advantageously participate in the government of cities4 ,it may be urged that1 in the case of great cities1 like ,new ,york or ,boston1 many people who are not residents either do business in the city or have vast business interests there1 and thus may be as deeply interested in its welfare as any of the voters4 ,it may also be said that state provisions for city government do not always work badly4 ,there are many competent judges who approve of the appointment of police commissioners by the executive of ,massachusetts4 ,there are generally two sides to a question2 and to push a doctrine to extremes is to make oneself a doctrinaire rather than a wise citizen4 ,but experience clearly shows that in all doubtful cases it is safer to let the balance incline in favour of local self-government than the other way4 ,moreover1 even if legislatures were otherwise competent to manage the local affairs of cities1 they have not time enough1 amid the pressure of other duties1 to do justice to such matters4 ,in #ahgj the number of acts passed by the ,new ,york legislature was #hjh4 ,of these1 #bab1 or more than one fourth of the whole1 related to cities and villages4 ,the #hjh acts1 when printed1 filled about #b1jjj octavo pages2 and of these the #bab acts filled more than #a1ejj pages4 ,this illustrates what ,i said above about the vast quantity of details which have to be regulated in municipal government4 ,here we have more than three fourths of the volume of state-legislation devoted to local affairs2 and it hardly need be added that a great part of these enactments were worse than worthless because they were made hastily and without due consideration1--though not always1 perhaps1 without what lawyers call a consideration4#ac ,footnote #ac3 ,nothing could be further from my thought than to cast any special imputation upon the ,new ,york legislature1 which is probably a fair average specimen of law-making bodies4 ,the theory of legislative bodies1 as laid down in text-books1 is that they are assembled for the purpose of enacting laws for the welfare of the community in general4 ,in point of fact they seldom rise to such a lofty height of disinterestedness4 ,legislation is usually a mad scramble in which the final result1 be it good or bad1 gets evolved out of compromises and bargains among a swarm of clashing local and personal interests4 ,the consideration may be anything from log-rolling to bribery4 ,in ,american legislatures it is to be hoped that downright bribery is rare4 ,as for log-rolling1 or exchange of favours1 there are many phases of it in which that which may be perfectly innocent shades off by almost imperceptible degrees into that which is unseemly or dishonourable or even criminal2 and it is in this hazy region that ,satan likes to set his traps for the unwary pilgrim4 ,sidenote3 ,tweed ,ring in ,new ,york4 ,the experience of ,new ,york thus proved that state intervention and special legislation did not mend matters4 ,it did not prevent the shameful rule of the ,tweed ,ring from #ahfh to #ahga1 when a small band of conspirators got themselves elected or appointed to the principal city offices1 and1 having had their own corrupt creatures chosen judges of the city courts1 proceeded to rob the taxpayers at their leisure4 ,by the time they were discovered and brought to justice1 their stealings amounted to many millions of dollars1 and the rate of taxation had risen to more than two per cent4 ,sidenote3 ,new experiments4 ,the discovery of these wholesale robberies1 and of other villainies on a smaller scale in other cities1 has led to much discussion of the problems of municipal government1 and to many attempts at practical reform4 ,the present is especially a period of experiments1 yet in these experiments perhaps a general drift of opinion may be discerned4 ,people seem to be coming to regard cities more as if they were huge business corporations than as if they were little republics4 ,the lesson has been learned that in executive matters too much limitation of power entails destruction of responsibility2 the ring is now more dreaded than the one-man power2 and there is accordingly a manifest tendency to assail the evil by concentrating power and responsibility in the mayor4 ,sidenote3 ,new government of ,brooklyn4 ,the first great city to adopt this method was ,brooklyn4 ,in the first place the city council was simplified and made a one-chambered council consisting of nineteen aldermen4 ,besides this council of aldermen1 the people elect only three city officers1--the mayor1 comptroller1 and auditor4 ,the comptroller is the principal finance officer and book-keeper of the city2 and the auditor must approve bills against the city1 whether great or small1 before they can be paid4 ,the mayor appoints1 without confirmation by the council1 all executive heads of departments2 and these executive heads are individuals1 not boards4 ,thus there is a single police commissioner1 a single fire commissioner1 a single health commissioner1 and so on2 and each of these heads appoints his own subordinates2 so that the principle of defined responsibility permeates the city government from top to bottom1#ad ,in a few cases1 where the work to be done is rather discretionary than executive in character1 it is intrusted to a board2 thus there is a board of assessors1 a board of education1 and a board of elections4 ,these are all appointed by the mayor1 but for terms not coinciding with his own2 so that1 in most cases1 no mayor would appoint the whole of any such board unless he were to be twice elected by the people4 ,but the executive officers are appointed by the mayor for terms coincident with his own1 that is for two years4 ,the mayor is elected at the general election in ,november2 he takes office on the first of ,january following1 and for one month the great departments of the city are carried on for him by the appointees of his predecessor4 ,on the first of ,february it becomes his duty to appoint his own heads of departments1 and thus each incoming mayor has the opportunity to make an administration in all its parts in sympathy with himself4 ,footnote #ad3 ,seth ,low on ,municipal ,government1 in ,bryce's ,american ,commonwealth1 vol4 i4 p4 #fbf4 ,with all these immense executive powers entrusted to the mayor1 however1 he does not hold the purse-strings4 ,he is a member of a board of estimate1 of which the other four members are the comptroller and auditor1 with the county treasurer and supervisor4 ,this board recommends the amounts to be raised by taxation for the ensuing year4 ,these estimates are then laid before the council of aldermen1 who may cut down single items as they see fit1 but have not the power to increase any item4 ,the mayor must see to it that the administrative work of the year does not use up more money than is thus allowed him4 ,sidenote3 ,some of its merits4 ,this ,brooklyn system has great merits4 ,it ensures unity of administration1 it encourages promptness and economy1 it locates and defines responsibility1 and it is so simple that everybody can understand it4 ,the people1 having but few officers to elect1 are more likely to know something about them4 ,especially since everybody understands that the success of the government depends upon the character of the mayor1 extraordinary pains are taken to secure good mayors2 and the increased interest in city politics is shown by the fact that in ,brooklyn more people vote for mayor than for governor or for president4 ,fifty years ago such a reduction in the number of elective officers would have greatly shocked all good ,americans4 ,but ,in point of fact1 while in small townships where everybody knows everybody popular control is best ensured by electing all public officers1 it is very different in great cities where it is impossible that the voters in general should know much about the qualifications of a long list of candidates4 ,in such cases citizens are apt to vote blindly for names about which they know nothing except that they occur on a ,republican or a ,democratic ticket2 although1 if the object of a municipal election is simply to secure an upright and efficient municipal government1 to elect a city magistrate because he is a ,republican or a ,democrat is about as sensible as to elect him because he believes in homoeopathy or has a taste for chrysanthemums4#ae ,to vote for candidates whom one has never heard of is not to insure popular control1 but to endanger it4 ,it is much better to vote for one man whose reputation we know1 and then to hold him strictly responsible for the appointments he makes4 ,the ,brooklyn system seems to be a step toward lifting city government out of the mire of party politics4 ,footnote #ae3 ,of course from the point of view of the party politician1 it ,is quite different4 ,each party has its elaborate machine for electing state and national officers2 and in order to be kept at its maximum of efficiency the machine must be kept at work on all occasions1 whether such occasions are properly concerned with differences in party politics or not4 ,to the party politician it of course makes a great difference whether a city magistrate is a ,republican or a ,democrat4 ,to him even the political complexion of his mail-carrier is a matter of importance4 ,but these illustrations only show that party politics may be carried to extremes that are inconsistent with the best interests of the community4 ,once in a while it becomes necessary to teach party organizations to know their place1 and to remind them that they are not the lords and masters but the servants and instruments of the people4 ,this system went into operation in ,brooklyn in ,january1 #ahhb1 and seems to have given general satisfaction4 ,since then changes in a similar direction1 though with variations in detail1 have been made in other cities1 and notably in ,philadelphia4 ,sidenote3 ,notion that the suffrage ought to be restricted4 ,in speaking of the difficulties which beset city government in the ,united ,states1 mention is often 7and perhaps too exclusively7 made of the great mass of ignorant voters1 chiefly foreigners without experience in self-government1 with no comprehension of ,american principles and traditions1 and with little or no property to suffer from excessive taxation4 ,such people will naturally have slight compunctions about voting away other people's money2 indeed1 they are apt to think that the ,government has got ,aladdin's lamp hidden away somewhere in a burglar-proof safe1 and could do pretty much everything that is wanted1 if it only would4 ,in the hands of demagogues such people may be dangerous1 they are supposed to be especially accessible to humbug and bribes1 and their votes have no doubt been used to sustain and perpetuate most flagrant abuses4 ,we often hear it said that the only way to get good government is to deprive such people of their votes and limit the suffrage to persons who have some property at stake4 ,such a measure has been seriously recommended in ,new ,york1 but it is generally felt to be impossible without a revolution4 ,sidenote3 ,testimony of ,pennsylvania ,municipal ,commission4 ,perhaps1 after all1 it may not be so desirable as it seems4 ,the ignorant vote has done a great deal of harm1 but not all the harm4 ,in #ahgh it was reported by the ,pennsylvania ,municipal ,commission1 as a remarkable but notorious fact1 that the accumulations of debt in ,philadelphia and other cities of the state have been due1 not to a non-property-holding1 irresponsible element among the electors1 but to the desire for speculation among the property-owners themselves4 ,large tracts of land outside the built-up portion of the city have been purchased1 combinations made among men of wealth1 and councils besieged until they have been driven into making appropriations to open and improve streets and avenues1 largely in advance of the real necessities of the city4 ,extraordinary as the statement may seem at first1 the experience of the past shows clearly that frequently property-owners need more protection against themselves than against the non-property-holding class4#af ,this is a statement of profound significance1 and should be duly pondered by advocates of a restricted suffrage4 ,footnote #af3 ,allinson and ,penrose1 ,philadelphia1 #afha-ahhg2 a ,history of ,municipal ,development1 p4 #bgh4 ,sidenote3 ,dangers of a restricted suffrage4 ,it should also be borne in mind that1 while ignorant and needy voters1 led by unscrupulous demagogues1 are capable of doing much harm with their votes1 it is by no means clear that the evil would be removed by depriving them of the suffrage4 ,it is very unsafe to have in any community a large class of people who feel that political rights or privileges are withheld from them by other people who are their superiors in wealth or knowledge4 ,such poor people are apt to have exaggerated ideas of what a vote can do2 very likely they think it is because they do not have votes that they are poor2 thus they are ready to entertain revolutionary or anarchical ideas1 and are likely to be more dangerous material in the hands of demagogues than if they were allowed to vote4 ,universal suffrage has its evils1 but it undoubtedly acts as a safety-valve4 ,the only cure for the evils which come from ignorance and shiftlessness is the abolition of ignorance and shiftlessness2 and this is slow work4 ,church and school here find enough to keep them busy2 but the vote itself1 even if often misused1 is a powerful educator2 and we need not regret that the restriction of the suffrage has come to be practically impossible4 ,sidenote3 ,baneful effects of mixing city politics with national politics4 ,the purification of our city governments will never be completed until they are entirely divorced from national party politics4 ,the connection opens a limitless field for log-rolling1 and rivets upon cities the spoils system1 which is always and everywhere incompatible with good government4 ,it is worthy of note that the degradation of so many ,english boroughs and cities during the ,tudor and ,stuart periods was chiefly due to the encroachment of national politics upon municipal politics4 ,because the borough returned members to the ,house of ,commons1 it became worth while for the crown to intrigue with the municipal government1 with the ultimate object of influencing parliamentary elections4 ,the melancholy history of the consequent dickering and dealing1 jobbery and robbery1 down to #ahce1 when the great ,municipal ,corporations ,act swept it all away1 may be read with profit by all ,americans4#ag ,it was the city of ,london only1 whose power and independence had kept it free from complications with national politics1 that avoided the abuses elsewhere prevalent1 so that it was excepted from the provisions of the ,act of #ahce1 and still retains its ancient constitution4 ,footnote #ag3 ,see ,parliamentary ,reports1 #ahce1 ,municipal ,corporations ,commission2 also ,sir ,erskine ,may1 ,const4 ,hist41 vol4 ii4 chap1 xv4 ,in the ,united ,states the entanglement of municipal with national politics has begun to be regarded as mischievous and possibly dangerous1 and attempts have in some cases been made toward checking it by changing the days of election1 so that municipal officers may not be chosen at the same time with presidential electors4 ,such a change is desirable1 but to obtain a thoroughly satisfactory result1 it will be necessary to destroy the spoils system root and branch1 and to adopt effective measures of ballot reform4 ,to these topics ,i shall recur when treating of our national government4 ,but first we shall have to consider the development of our several states4 ,,questions ,,on ,,the ,,text4 ,give an account of city government in the ,united ,states1 under the following heads3-- #a4 ,the ,american city3-- a4 ,the mayor4 b4 ,the heads of departments4 c4 ,the city council4 d4 ,the judges4 e4 ,appropriations4 f4 ,the power of committees4 #b4 ,the practical workings of city governments3-- a4 ,the contrast they show between theory and practice4 b4 ,various complaints urged against city governments4 c4 ,their effect upon the old-time confidence in the perfection of our institutions4 #c4 ,the growth of ,american cities3-- a4 ,the cities of ,washington's time and those of to-day4 b4 ,the population of cities in #agij and their population to-day4 c4 ,city growth since #ahdj4 #d4 ,some consequences of rapid city growth3-- a4 ,the pressure to construct public works4 b4 ,the incurring of heavy debts4 c4 ,the wastefulness due to a lack of foresight4 d4 ,the increase in government due to the complexity of a city4 e4 ,an illustration of this complexity in ,boston4 f4 ,the consequent mystery that enshrouds much of city government4 #e4 ,some evils due to the fear of a one-man power3-- a4 ,the objection to such power a century ago4 b4 ,restrictions imposed upon the mayor's power4 c4 ,the division and weakening of responsibility4 d4 ,the lack of unity in the administration of business4 e4 ,the inefficiency of committees for executive purposes4 f4 ,the alarming increase in city debts4 #f4 ,attempts to remedy some of the evils of city government3-- a4 ,the power of veto granted to the mayor4 b4 ,the limitation of city indebtedness4 c4 ,state control of some city departments4 #g4 ,difficulties inherent in state control of cities3-- a4 ,lack of familiarity with city affairs4 b4 ,the tendency to log-rolling4 c4 ,lack of time due to the pressure of state affairs4 d4 ,the failure of state control as shown in the rule of the ,tweed ring4 #h4 ,the government of the city of ,brooklyn3-- a4 ,the elevation of the one-man power above that of the ring4 b4 ,officers elected by the people4 c4 ,officers appointed by the mayor4 d4 ,the principle of well-defined responsibility4 e4 ,the appointment of certain boards by the mayor4 f4 ,the holding of the purse-strings4 g4 ,the inadequacy of the township elective system1 in a city like ,brooklyn4 #i4 ,restriction of the suffrage3-- a4 ,the dangers from large masses of ignorant voters4 b4 ,the responsibility for the debt of ,philadelphia and other cities4 c4 ,the dangers from large classes who feel that political rights are denied them4 d4 ,suffrage as a safety-valve4 #aj4 ,the mixture of city politics with those of the state or nation3 a4 ,the degradation of the ,english borough4 b4 ,the exemption1 of ,london from the ,municipal ,corporations ,act4 c4 ,the importance of separate days for municipal elections4 d4 ,the importance of abolishing the spoils system4 ,,suggestive ,,questions ,,and ,,directions4 7,chiefly for pupils who live in cities47 #a4 ,when was your city organized8 #b4 ,give some account of its growth1 its size1 and its present population4 ,how many wards has it8 ,give their boundaries4 ,in which ward do you live8 #c4 ,examine its charter1 and report a few of its leading provisions4 #d4 ,what description of government in this chapter comes nearest to that of your city8 #e4 ,consider the suggestions about the study of town government 7pp4 #dc1 #dd71 and act upon such of them as are applicable to city government4 #f4 ,what is the general impression about the purity of your city government8 7,consult several citizens and report what you find out47 #g4 ,what important caution should be observed about vague rumours of inefficiency or corruption8 #h4 ,what are the evidences of a sound financial condition in a city8 #i4 ,is the financial condition of your city sound8 #aj4 ,when debts are incurred1 are provisions made at the same time for meeting them when due8 #aa4 ,what are sinking funds8 #ab4 ,what wants has a city that a town is free from8 #ac4 ,describe your system of public water works1 making an analysis of important points that may be presented4 #ad4 ,do the same for your park system or any other system that involves a long time for its completion as well as a great outlay4 #ae4 ,are the principles of civil service reform recognized in your city8 ,if so1 to what extent8 ,do they need to be extended further8 #af4 ,describe the parties that contended for the supremacy in your last city election and tell what questions were at issue between them4 #ag4 ,what great corporations exact an influence in your city affairs8 ,is such influence bad because it is great8 ,what is a possible danger from such influence8 #ah4 ,in view of the vast number and range of city interests1 what is the most that the average citizen can reasonably be asked to know and to do about them8 ,what things is it indispensable for him to know and to do is he is to contribute to good government8 ,,biographical ,,note4 ,section #a4 ,,direct ,,and ,,indirect ,,government4--,the transition from direct to indirect government1 as illustrated in the gradual development of a township into a city1 may be profitably studied in ,quincy's ,municipal ,history of ,boston1 ,boston1 #aheb2 and in ,winsor's ,memorial ,history of ,boston1 vol4 iii4 pp4 #ahi-cjb1 ,boston1 #ahha4 ,section #b4 ,,origin ,,of ,,english ,,boroughs ,,and ,,cities4--,see ,loftie's ,history of ,london1 #b vols41 ,london1 #ahhc2 ,toulmin ,smith's ,english ,gilds1 with ,introduction by ,lujo ,brentano1 ,london1 #ahgj2 and the histories of the ,english ,constitution1 especially those of ,gneist1 ,stubbs1 ,taswell-,langmead1 and ,hannis ,taylor4 ,section #c4 ,,government ,,of ,,cities ,,in ,,the ,,united ,,states4--,j4,h4,u4 ,studies1 ,,iii41 xi4-xii41 ,j4,a4 ,porter1 ,the ,city of ,washington2 ,,iv41 iv41 ,w4,p4 ,holcomb1 ,pennsylvania ,boroughs2 ,,iv41 x41 ,c4,h4 ,lovermore1 ,town and ,city ,government of ,new ,haven2 ,v41 i4-ii41 ,allinson and ,penrose1 ,city ,government of ,philadelphia2 ,v41 iii41 ,j4,m4 ,bugbee1 ,the ,city ,government of ,boston2 ,v41 iv41 ,m4,s4 ,snow1 ,the ,city ,government of ,st4 ,louis2 ,,vii41 ii4-iii41 ,b4 ,moses1 ,establishment of ,municipal ,government in ,san ,francisco2 ,,vii41 iv41 ,w4,w4 ,howe1 ,municipal ,history of ,new ,orleans2 also ,supplementary ,notes1 ,no4 #d1 ,seth ,low1 ,the ,problem of ,city ,government 7compare ,no4 #a1 ,albert ,shaw1 ,municipal ,government in ,england47 ,see1 also1 the supplementary volumes published at ,baltimore1--,levermore's ,republic of ,new ,haven1 #ahhf1 ,allinson and ,penrose's ,philadelphia1 #afha-ahhg3 a ,history of ,municipal ,development1 #ahhg4 ,,chapter ,,vi4 ,,the ,,state4 ,section #a4 ,the ,colonial ,governments4 ,sidenote3 ,claims of ,spain to the possession of ,north ,america4 ,in the year #afjj ,spain was the only ,european nation which had obtained a foothold upon the part of ,north ,america now comprised within the ,united ,states4 ,spain claimed the whole continent on the strength of the bulls of #adic and #adid1 in which ,pope ,alexander ,,vi4 granted her all countries to be discovered to the west of a certain meridian which1 happens to pass a little to the east of ,newfoundland4 ,from their first centre in the ,west ,indies the ,spaniards had made a lodgment in ,florida1 at ,st4 ,augustine1 in #aefe2 and from ,mexico they had in #afje founded ,santa ,f1 in what is now the territory of ,new ,mexico4 ,sidenote3 ,claims of ,france and ,england4 ,france and ,england1 however1 paid little heed to the claim of ,spain4 ,france had her own claim to ,north ,america1 based on the voyages of discovery made by ,verrazano in #aebd and ,cartier in #aecd1 in the course of which ,new ,york harbour had been visited and the ,st4 ,lawrence partly explored4 ,england had a still earlier claim1 based on the discovery of the ,north ,american continent in #adig by ,john ,cabot4 ,it presently became apparent that to make such claims of any value1 discovery must be followed up by occupation of the country4 ,attempts at colonization had been made by ,french ,protestants in ,florida in #aefb-fe1 and by the ,english in ,north ,carolina in #aehd-hg1 but both attempts had failed miserably4 ,throughout the sixteenth century ,french and ,english sailors kept visiting the ,newfoundland fisheries1 and by the end of the century the ,french and ,english governments had their attention definitely turned to the founding of colonies in ,north ,america4 ,sidenote3 ,the ,london and ,plymouth ,companies4 ,in #afjf two great joint-stock companies were formed in ,england for the purpose of planting such colonies4 ,one of these companies had its headquarters at ,london1 and was called the ,london ,company2 the other had its headquarters at the seaport of ,plymouth1 in ,devonshire1 and was called the ,plymouth ,company4 ,to the ,london ,company the king granted the coast of ,north ,america from #cd to #ch north latitude2 that is1 about from ,cape ,fear to the mouth of the ,rappahannock4 ,to the ,plymouth ,company he granted the coast from #da to #de2 that is1 about from the mouth of the ,hudson to the eastern extremity of ,maine4 ,these grants were to go in straight strips or zones across the continent from the ,atlantic ,ocean to the ,pacific4 ,almost nothing was then known about ,american geography2 the distance from ocean to ocean across ,mexico was not so very great1 and people did not realize that further north it was quite a different thing4 ,as to the middle strip1 starting from the coast between the ,rappahannock and the ,hudson1 it was open to the two companies1 with the understanding that neither was to plant a colony within #ajj miles of any settlement already begun by the other4 ,this meant practically that it was likely to be controlled by whichever company should first come into the field with a flourishing colony4 ,accordingly both companies made haste and sent out settlers in #afjg1 the one to the ,james ,river1 the other to the ,kennebec4 ,the first enterprise1 after much suffering1 resulted in the founding of ,virginia2 the second ended in disaster1 and it was not until #afbj that the ,pilgrims from ,leyden made the beginnings of a permanent settlement upon the territory of the ,plymouth ,company4 ,sidenote3 ,their common charter4 ,these two companies were at first organized under a single charter4 ,each was to be governed by a council in ,england appointed by the king1 and these councils were to appoint councils of thirteen to reside in the colonies1 with powers practically unlimited4 ,nevertheless the king covenanted with his colonists as follows3 ,also we do1 for us1 our heirs and successors1 declare by these presents that all and every the persons1 being our subjects1 which shall go and inhabit within the said colony and plantation1 and every their children and posterity1 which shall happen to be born within any of the limits thereof1 shall have and enjoy all liberties1 franchises1 and immunities of free denizens and natural subjects within any of our other dominions1 to all intents and purposes as if they had been abiding and born within this our realm of ,england1 or in any other of our dominions4 ,this principle1 that ,british subjects born in ,america should be entitled to the same political freedom as if born in ,england1 was one upon which the colonists always insisted1 and it was the repeated and persistent attempts of ,george ,,iii4 to infringe it that led the ,american colonies to revolt and declare themselves independent of ,great ,britain4 ,sidenote3 ,dissolution of the two companies4 ,sidenote3 ,settlement of the three zones4 ,both the companies founded in #afjf were short-lived4 ,in #afbj the ,plymouth ,company got a new charter1 which made it independent of the ,london ,company4 ,in #afbd the king1 ,james ,i41 quarreled with the ,london ,company1 brought suit against it in court1 and obtained from the subservient judges a decree annulling its charter4 ,in #afce the reorganized ,plymouth ,company surrendered its charter to ,charles ,i4 in pursuance of a bargain which need not here concern us4#a ,but the creation of these short-lived companies left an abiding impression upon the map of ,north ,america and upon the organization of civil government in the ,united ,states4 ,let us observe what was done with the three strips or zones into which the country was divided3 the northern or ,new ,england zone1 assigned to the ,plymouth ,company2 the southern or ,virginia zone1 assigned to the ,london ,company2 and the central zone1 for which the two companies were1 so to speak1 to run a race4 ,footnote #a3 ,see my ,beginnings of ,new ,england1 p4 #aab4 ,sidenote3 #a4 the northern zone4 ,sidenote3 #b4 ,the southern zone4 ,in #affc ,charles ,,ii4 cut off the southern part of ,virginia1 the area covering the present states of ,north and ,south ,carolina and ,georgia1 and it was formed into a new province called ,carolina4 ,in #agbi the two groups of settlements which had grown up along its coast were definitively separated into ,north and ,south ,carolina2 and in #agcb the frontier portion toward ,florida was organized into the colony of ,georgia4 ,thus four of the original thirteen states--,virginia1 the two ,carolinas1 and ,georgia--were constituted in the southern zone4 ,to this group some writers add ,maryland1 founded in #afcb1 because its territory had been claimed by the ,london ,company2 but the earliest settlements in ,maryland1 its principal towns1 and almost the whole of its territory1 come north of latitude #ch and within the middle zone4 ,sidenote3 #c4 ,the middle zone4 ,between the years #afad and #afba the ,dutch founded their colony of ,new ,netherland upon the territory included between the ,hudson and ,delaware rivers1 or1 as they quite naturally called them1 the ,north and ,south rivers4 ,they pushed their outposts up the ,hudson as far as the site of ,albany1 thus intruding far into the northern zone4 ,in #afch ,sweden planted a small colony upon the west side of ,delaware ,bay1 but in #afee it was surrendered to the ,dutch4 ,then in #affd the ,english took ,new ,netherland from the ,dutch1 and ,charles ,,ii4 granted the province to his brother1 the ,duke of ,york4 ,the duke proceeded to grant part of it to his friends1 ,berkeley and ,carteret1 and thus marked off the new colony of ,new ,jersey4 ,in #afha the region west of ,new ,jersey was granted to ,william ,penn1 and in the following year ,penn bought from the ,duke of ,york the small piece of territory upon which the ,swedes had planted their colony4 ,delaware thus became an appendage to ,penn's greater colony1 but was never merged in it4 ,thus five of the original thirteen states--,maryland1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 and ,delaware--were constituted in the middle zone4 ,as we have already observed1 the westward movement of population in the ,united ,states has largely followed the parallels of latitude1 and thus the characteristics of these three original strips or zones have1 with more or less modification1 extended westward4 ,the men of ,new ,england1 with their ,portland and ,salem reproduced more than #cjjj miles distant in the state of ,oregon1 and within #ajj miles of the ,pacific ,ocean1 may be said in a certain sense to have realized literally the substance of ,king ,james's grant to the ,plymouth ,company4 ,it will be noticed that the kinds of local government described in our earlier chapters are characteristic respectively of the three original zones3 the township system being exemplified chiefly in the northern zone1 the county system in the southern zone1 and the mixed township-county system in the central zone4 ,sidenote3 ,house of ,burgesses in ,virginia4 ,the ,london and ,plymouth companies did not perish until after state governments had been organized in the colonies already founded upon their territories4 ,in #afai the colonists of ,virginia1 with the aid of the more liberal spirits in the ,london ,company1 secured for themselves a representative government2 to the governor and his council1 appointed in ,england1 there was added a general assembly composed of two burgesses from each plantation1 #b elected by the inhabitants4 ,this assembly1 the first legislative body that ever sat in ,america1 met on the #cjth of ,july1 #afai1 in the choir of the rude church at ,jamestown4 ,the dignity of the burgesses was preserved1 as in the ,house of ,commons1 by sitting with their hats on2 and after offering prayer1 and taking the oath of allegiance and supremacy1 they proceeded to enact a number of laws relating to public worship1 to agriculture1 and to intercourse with the ,indians4 ,curiously enough1 so confident was the belief of the settlers that they were founding towns1 that they called their representatives burgesses1 and down to #aggf the assembly continued to be known as the ,house of ,burgesses1 although towns refused to grow in ,virginia1 and soon after counties were organized in #afcd the burgesses sat for counties4 ,such were the beginnings of representative government in ,virginia4 ,footnote #b3 ,the word plantation is here used1 not in its later and ordinary sense1 as the estate belonging to an individual planter1 but in an earlier sense4 ,in this early usage it was equivalent to settlement4 ,it was used in ,new ,england as well as in ,virginia2 thus ,salem was spoken of by the court of assistants in #afbi as ,new ,england's ,plantation4 ,sidenote3 ,company of ,massachusetts ,bay4 ,the government of ,massachusetts is descended from the ,dorchester ,company formed in ,england in #afbc1 for the ostensible purpose of trading in furs and timber and catching fish on the shores of ,massachusetts ,bay4 ,after a disastrous beginning this company was dissolved1 but only to be immediately reorganized on a greater scale4 ,in #afbh a grant of the land between the ,charles and ,merrimack rivers was obtained from the ,plymouth ,company2 and in #afbi a charter was obtained from ,charles ,i4 ,so many men from the east of ,england had joined in the enterprise that it could no longer be fitly called a ,dorchester ,company4 ,the new name was significantly taken from the ,new ,world4 ,the charter created a corporation under the style of the ,governor and ,company of ,massachusetts ,bay in ,new ,england4 ,the freemen of the ,company were to hold a meeting four times a year2 and they were empowered to choose a governor1 a deputy governor1 and a council of eighteen assistants1 who were to hold their meetings each month4 ,they could administer oaths of supremacy and allegiance1 raise troops for the defence of their possessions1 admit new associates into the ,company1 and make regulations for the management of their business1 with the vague and weak proviso that in order to be valid their enactment must in no wise contravene the laws of ,england4 ,nothing was said as to the place where the ,company should hold its meetings1 and accordingly after a few months the ,company transferred itself and its charter to ,new ,england1 in order that it might carry out its intentions with as little interference as possible on the part of the crown4 ,whether this transfer of the charter was legally justifiable or not is a question which has been much debated1 but with which we need not here vex ourselves4 ,the lawyers of the ,company were shrewd enough to know that a loosely-drawn instrument may be made to admit of great liberty of action4 ,under the guise of a mere trading corporation the ,puritan leaders deliberately intended to found a civil commonwealth in accordance with their own theories of government4 ,sidenote3 ,government of ,massachusetts2 the ,general ,court ,after their arrival in ,massachusetts1 their numbers increased so rapidly that it became impossible to have a primary assembly of all the freemen1 and so a representative assembly was devised after the model of the ,old ,english county court4 ,the representatives sat for townships1 and were called deputies4 ,at first they sat in the same chamber with the assistants1 but in #afdd the legislative body was divided into two chambers1 the deputies forming the lower house1 while the upper was composed of the assistants1 who were sometimes called magistrates4 ,in elections the candidates for the upper house were put in nomination by the ,general ,court and voted on by the freemen4 ,in general the assistants represented the common or central power of the colony1 while the deputies represented the interests of popular self-government4 ,the former was comparatively an aristocratic and the latter a democratic body1 and there were frequent disputes between the two4 ,it is worthy of note that the governing body thus constituted was at once a legislative and a judicial body1 like the ,english county court which served as its model4 ,inferior courts were organized at an early date in ,massachusetts1 but the highest judicial tribunal was the legislature1 which was known as the ,general ,court4 ,it still bears this name to-day1 though it long ago ceased to exercise judicial functions4 ,sidenote3 ,new charter of ,massachusetts ,now as the freemen of ,massachusetts directly chose their governor and deputy-governor1 as well as their chamber of deputies1 and also took part in choosing their council of assistants1 their government was virtually that of an independent republic4 ,the crown could interpose no effective check upon its proceedings except by threatening to annul its charter and send over a viceroy who might be backed up1 if need be1 by military force4 ,such threats were sometimes openly made1 but oftener hinted at4 ,they served to make the ,massachusetts government somewhat wary and circumspect1 but they did not prevent it from pursuing a very independent policy in many respects1 as when1 for example1 it persisted in allowing none but members of the ,congregational church to vote4 ,this measure1 by which it was intended to preserve the ,puritan policy unchanged1 was extremely distasteful to the ,british government4 ,at length in #afhd the ,massachusetts charter was annulled1 an attempt was made to suppress town-meetings1 and the colony was placed under a military viceroy1 ,sir ,edmund ,andros4 ,after a brief period of despotic rule1 the ,revolution in ,england worked a change4 ,in #afib ,massachusetts received a new charter1 quite different from the old one4 ,the people were allowed to elect representatives to the ,general ,court1 as before1 but the governor and lieutenant-governor were appointed by the crown1 and all acts of the legislature were to be sent to ,england for royal approval4 ,the general government of ,massachusetts was thus1 except for its possession of a charter1 made similar to that of ,virginia4 ,sidenote3 ,connecticut and ,rhode ,island ,the governments of ,connecticut and ,rhode ,island were constructed upon the same general plan as the first government of ,massachusetts4 ,governors councils1 and assemblies were elected by the people4 ,these governments were made by the settlers themselves1 after they had come out from ,massachusetts2 and through a very singular combination of circumstances#c they were confirmed by charters granted by ,charles ,,ii in #affb1 soon after his return from exile4 ,so thoroughly republican were these governments that they remained without change until #ahah in ,connecticut and until #ahdb in ,rhode ,island4 ,footnote #c3 ,see my ,beginnings of ,new ,england1 pp4 #aib-aif4 ,we thus observe two kinds of state government in the ,american colonies4 ,in both kinds the people choose a representative legislative assembly2 but in the one kind they also choose their governor1 while in the other kind the governor is appointed by the crown4 ,we have now to observe a third kind4 ,sidenote3 ,counties palatine in ,england ,sidenote3 ,charter of ,maryland ,after the downfall of the two great companies founded in #afjf1 the crown had a way of handing over to its friends extensive tracts of land in ,america4 ,in #afcb a charter granted by ,charles ,i to ,cecilius ,calvert1 ,lord ,baltimore1 founded the palatinate colony of ,maryland4 ,to understand the nature of this charter1 we must observe that among the counties of ,england there were three whose rulers from an early time were allowed special privileges4 ,because ,cheshire and ,durham bordered upon the hostile countries1 ,wales and ,scotland1 and needed to be ever on the alert1 their rulers1 the earls of ,chester and the bishops of ,durham1 were clothed with almost royal powers of command1 and similar powers were afterwards granted through favouritism to the dukes of ,lancaster4 ,the three counties were called counties palatine 7i4e4 palace counties74 ,before #afjj the earldom of ,chester and the duchy of ,lancaster had been absorbed by the crown1 but the bishopric of ,durham remained the type of an almost independent state1 and the colony palatine of ,maryland was modelled after it4 ,the charter of ,maryland conferred upon ,lord ,baltimore the most extensive privileges ever bestowed by the ,british crown upon any subject4 ,he was made absolute lord of the land and water within his boundaries1 could erect towns1 cities1 and ports1 make war or peace1 call the whole fighting population to arms and declare martial law1 levy tolls and duties1 establish courts of justice1 appoint judges1 magistrates1 and other civil officers1 execute the laws1 and pardon offenders4 ,he could erect manors1 with courts-baron and courts-leet1 and confer titles and dignities1 so that they differed from those of ,england4 ,he could make laws with the assent of the freemen of the province1 and1 in cases of emergency1 ordinances not impairing life1 limb1 or property1 without their assent4 ,he could found churches and chapels1 have them consecrated according to the ecclesiastical laws of ,england1 and appoint the incumbents4#d ,for his territory and these royal powers ,lord ,baltimore was to send over to the palace at ,windsor a tribute of two ,indian arrows yearly1 and to reserve for the king one fifth part of such gold and silver as he might happen to get by mining4 ,the king furthermore bound himself and his successors to lay no taxes1 customs1 subsidies1 or contributions whatever upon the people of the province1 and in case of any such demand being made1 the charter expressly declared that this clause might be pleaded as a discharge in full4 ,maryland was thus almost an independent state4 ,baltimore's title was ,lord ,proprietary of ,maryland1 and his title and powers were made hereditary in his family1 so that he was virtually a feudal king4 ,his rule1 however1 was effectually limited4 ,the government of ,maryland was carried on by a governor and a two-chambered legislature4 ,the governor and the members of the upper house of the legislature were appointed by the lord proprietary1 but the lower house of the legislature was elected1 here as elsewhere1 by the people2 and in accordance with time-honoured ,english custom all taxation must originate in the lower house1 which represented the people4 ,footnote #d3 ,browne's ,maryland3 the ,history of a ,palatinate1 p4 #ai4 ,sidenote3 ,charter of ,pennsylvania4 ,sidenote3 ,mason and ,dixon's line ,half a century after the founding of ,maryland1 similar though somewhat less extensive proprietary powers were granted by ,charles ,,ii4 to ,william ,penn1 and under them the colony of ,pennsylvania was founded and ,delaware was purchased4 ,pennsylvania and ,delaware had each its house of representatives elected by the people2 but there was only one governor and council for the two colonies4 ,the governor and council were appointed by the lord proprietary1 and as the council confined itself to advising the governor and did not take part in legislation1 there was no upper house4 ,the legislature was one-chambered4 ,the office of lord proprietary was hereditary in the ,penn family4 ,for about eighty years the ,penns and ,calverts quarrelled1 like true sovereigns1 about the boundary-line between their principalities1 until in #agfc the matter was finally settled4 ,a line was agreed upon1 and the survey was made by two distinguished mathematicians1 ,charles ,mason and ,jeremiah ,dixon4 ,the line ran westward #bdd miles from the ,delaware ,river1 and every fifth milestone was engraved with the arms of ,penn on the one side and those of ,calvert on the other4 ,in later times1 after all the states north of ,maryland had abolished slavery1 ,mason and ,dixon's line became famous as the boundary between slave states and free states4 ,sidenote3 ,other proprietary governments4 ,at first there were other proprietary colonies besides those just mentioned1 but in course of time the rights or powers of their lords proprietary were resumed by the crown4 ,when ,new ,netherland was conquered from the ,dutch it was granted to the duke of ,york as lord proprietary2 but after one-and-twenty years the duke ascended the throne as ,james ,,ii41 and so the part of the colony which he had kept became the royal province of ,new ,york4 ,the part which he had sold to ,berkeley and ,carteret remained for a while the proprietary colony of ,new ,jersey1 sometimes under one government1 sometimes divided between two2 but the rule of the lords proprietary was very unpopular1 and in #agjb their rights were surrendered to the crown4 ,the ,carolinas and ,georgia were also at first proprietary colonies1 but after a while they willingly came under the direct sway of the crown4 ,in general the proprietary governments were unpopular because the lords proprietary1 who usually lived in ,england and visited their colonies but seldom1 were apt to regard their colonies simply as sources of personal income4 ,this was not the case with ,william ,penn1 or the earlier ,calverts1 or with ,james ,oglethorpe1 the illustrious founder of ,georgia2 but it was too often the case4 ,so long as the lord's rents1 fees1 and other emoluments were duly collected1 he troubled himself very little as to what went on in the colony4 ,if that had been all1 the colony would have troubled itself very little about him4 ,but the governor appointed by this absentee master was liable to be more devoted to his interests than to those of the people1 and the civil service was seriously damaged by worthless favourites sent over from ,england for whom the governor was expected to find some office that would pay them a salary4 ,on the whole1 it seemed less unsatisfactory to have the governors appointed by the crown2 and so before the ,revolutionary ,war all the proprietary governments had fallen1 except those of the ,penns and the ,calverts1 which doubtless survived because they were the best organized and best administered4 ,sidenote3 ,at the time of the ,revolution there were three forms of colonial government3 #a4 ,republican1 #b4 ,proprietary1 #c4 ,royal4 ,there were thus at the time of the ,revolutionary ,war three forms of state government in the ,american colonies4 ,there were1 first1 the ,republican colonies1 in which the governors were elected by the people1 as in ,rhode ,island and ,connecticut2 secondly1the ,proprietary colonies1 in which the governors were appointed by hereditary proprietors1 as in ,maryland1 ,pennsylvania1 and ,delaware2 thirdly1 the ,royal colonies1#e in which the governors were appointed by the crown1 as in ,georgia1 the two ,carolinas1 ,virginia1 ,new ,jersey1 ,new ,york1 ,massachusetts1 and ,new ,hampshire4 ,it is customary to distinguish the ,republican colonies as ,charter colonies1 but that is not an accurate distinction1 inasmuch as the ,proprietary colonies also had charters4 ,and among the ,royal colonies1 ,massachusetts1 having been originally a republic1 still had a charter in which her rights were so defined as to place her in a somewhat different position from the other ,royal colonies2 so that ,prof4 ,alexander ,johnston1 with some reason1 puts her in a class by herself as a ,semi-royal colony4 ,footnote #e3 ,or1 as they were sometimes called1 ,royal provinces4 ,in the history of ,massachusetts many writers distinguish the period before #afib as the colonial period1 and the period #afib to #aggd as the provincial period4 ,sidenote3 ,in all three forms there was a representative assembly1 which alone could impose taxes4 ,these differences1 it will be observed1 related to the character and method of filling the governor's office4 ,in the ,republican colonies the governor naturally represented the interests of the people1 in the ,proprietary colonies he was the agent of the ,penns or the ,calverts1 in the ,royal colonies he was the agent of the king4 ,all the thirteen colonies alike had a legislative assembly elected by the people4 ,the basis of representation might be different in different colonies1 as we have seen that in ,massachusetts the delegates represented townships1 whereas in ,virginia they represented counties2 but in all alike the assembly was a truly representative body1 and in all alike it was the body that controlled the expenditure of public money4 ,these representative assemblies arose spontaneously because the founders of the ,american colonies were ,englishmen used from time immemorial to tax themselves and govern themselves4 ,as they had been wont to vote for representatives in ,england1 instead of leaving things to be controlled by the king1 so now they voted for representatives in ,maryland or ,new ,york1 instead of leaving things to be controlled by the governor4 ,the spontaneousness of all this is quaintly and forcibly expressed by the great ,tory historian ,hutchinson1 who tells us that in the year #afai a house of burgesses broke out in ,virginia6 as if it had been the mumps1 or original sin1 or any of those things that people cannot help having4 ,sidenote3 ,the governor's council was a kind of upper house4 ,this representative assembly was the lower house in the colonial legislatures4 ,the governor always had a council to advise with him and assist him in his executive duties1 in imitation of the king's privy council in ,england4 ,but in nearly all the colonies this council took part in the work of legislation1 and thus sat as an upper house1 with more or less power of reviewing and amending the acts of the assembly4 ,in ,pennsylvania1 as already observed1 the council refrained from this legislative work1 and so1 until some years after the ,revolution1 the ,pennsylvania legislature was one-chambered4 ,the members of the council were appointed in different ways1 sometimes by the king or the lord proprietary1 or1 as in ,massachusetts1 by the outgoing legislature1 or1 as in ,connecticut1 they were elected by the people4 ,sidenote3 ,the colonial government was like the ,english system in miniature4 ,thus all the colonies had a government framed after the model to which the people had been accustomed in ,england4 ,it was like the ,english system in miniature1 the governor answering to the king1 and the legislature1 usually two-chambered1 answering to parliament4 ,and as quarrels between king and parliament were not uncommon1 so quarrels between governor and legislature were very frequent indeed1 except in ,connecticut and ,rhode ,island4 ,the royal governors1 representing ,british imperial ideas rather than ,american ideas1 were sure to come into conflict with the popular assemblies1 and sometimes became the objects of bitter popular hatred4 ,the disputes were apt to be concerned with questions in which taxation was involved1 such as the salaries of crown officers1 the appropriations for war with the ,indians1 and so on4 ,such disputes bred more or less popular discontent1 but the struggle did not become flagrant so long as the ,british parliament refrained from meddling with it4 ,sidenote3 ,the ,americans never admitted the supremacy of parliament2 ,the ,americans never regarded parliament as possessing any rightful authority over their internal affairs4 ,when the earliest colonies were founded1 it was the general theory that the ,american wilderness was part of the king's private domain and not subject to the control of parliament4 ,this theory lived on in ,america1 but died out in ,england4 ,on the one hand the ,americans had their own legislatures1 which stood to them in the place of parliament4 ,the authority of parliament was derived from the fact that it was a representative body1 but it did not represent ,americans4 ,accordingly the ,americans held that the relation of each ,american colony to ,great ,britain was like the relation between ,england and ,scotland in the seventeenth century4 ,england and ,scotland then had the same king1 but separate parliaments1 and the ,english parliament could not make laws for ,scotland4 ,such is the connection between ,sweden and ,norway at the present day2 they have the same king1 but each country legislates for itself4 ,so the ,american colonists held that ,virginia1 for example1 and ,great ,britain had the same king1 but each its independent legislature2 and so with the other colonies1--there were thirteen parliaments in ,america1 each as sovereign within its own sphere as the parliament at ,westminster1 and the latter had no more right to tax the people of ,massachusetts than the ,massachusetts legislature had to tax the people of ,virginia4 ,in one respect1 however1 the ,americans did admit that parliament had a general right of supervision over all parts of the ,british empire4#f ,maritime commerce seemed to be as much the affair of one part of the empire as another1 and it seemed right that it should be regulated by the central parliament at ,westminster4 ,accordingly the ,americans did not resist custom-house taxes as long as they seemed to be imposed for purely commercial purposes2 but they were quick to resist direct taxation1 and custom-house taxes likewise1 as soon as these began to form a part of schemes for extending the authority of parliament over the colonies4 ,footnote #f3 except in the regulation of maritime commerce4 ,in ,england1 on the other hand1 this theory that the ,americans were subject to the king's authority but not to that of parliament naturally became unintelligible after the king himself had become virtually subject to parliament4#g ,the ,stuart kings might call themselves kings by the grace of ,god1 but since #afhh the sovereigns of ,great ,britain owe their seat upon the throne to an act of parliament4 ,footnote #g3 ,in ,england there grew up the theory of the imperial supremacy of parliament4 ,to suppose that the king's ,american subjects were not amenable to the authority of parliament seemed like supposing that a stream could rise higher than its source4 ,besides1 after #agjj the ,british empire began to expand in all parts of the world1 and the business of parliament became more and more imperial4 ,it could make laws for the ,east ,india ,company2 why not1 then1 for the ,company of ,massachusetts ,bay8 ,sidenote3 ,conflict between the ,british and the ,american theories was precipitated by ,george ,,iii4 ,thus the ,american theory of the situation was irreconcilable with the ,british theory1 and when parliament in #agfe1 with no unfriendly purpose1 began laying taxes upon the ,americans1 thus invading the province of the colonial legislatures1 the ,americans refused to submit4 ,the ensuing quarrel might doubtless have been peacefully adjusted1 had not the king1 ,george ,,iii41 happened to be entertaining political schemes which were threatened with ruin if the ,americans should get a fair hearing for their side of the case4#h ,thus political intrigue came in to make the situation hopeless4 ,when a state of things arises1 with which men's established methods of civil government are incompetent to deal1 men fall back upon the primitive method which was in vogue before civil government began to exist4 ,they fight it out2 and so we had our ,revolutionary ,war1 and became separated politically from ,great ,britain4 ,it is worthy of note1 in this connection1 that the last act of parliament1 which brought matters to a crisis1 was the so-called ,regulating ,act of ,april1 #aggd1 the purpose of which was to change the government of ,massachusetts4 ,this act provided that members of the council should be appointed by the royal governor1 that they should be paid by the crown and thus be kept subservient to it1 that the principal executive and judicial officers should be likewise paid by the crown1 and that town-meetings should be prohibited except for the sole purpose of electing town officers4 ,other unwarrantable acts were passed at the same time1 but this was the worst4 ,troops were sent over to aid in enforcing this act1 the people of ,massachusetts refused to recognize its validity1 and out of this political situation came the battles of ,lexington and ,bunker ,hill4 ,footnote #h3 ,see my ,war of ,independence1 pp4 #eh-fd1 #fi-ga 7,riverside ,library for ,young ,people74 ,,questions ,,on ,,the ,,text4 #a4 ,various claims to ,north ,america3-- a4 ,spanish4 b4 ,english4 c4 ,french4 #b4 ,what was needed to make such claims of any value8 #c4 ,the ,london and ,plymouth companies3-- a4 ,the time and purpose of their organization4 b4 ,the grant to the ,london ,company4 c4 ,the grant to the ,plymouth ,company4 d4 ,the magnitude of the zones granted4 e4 ,the peculiar provisions for the intermediate zone4 f4 ,first attempts at settlement4 #d4 ,to what important principle of the common charter of these two companies did the colonists persistently cling8 #e4 ,the influence of these short-lived companies upon the settlement and government of the ,united ,states3-- a4 ,a review of the zones and their assignment4 b4 ,the states of the northern zone and their origin4 c4 ,the states of the southern zone and their origin4 d4 ,the states of the middle zone and their origin4 e4 ,the influence of the movement of population on local government in each zone4 #f4 ,early state government in ,virginia3-- a4 ,the part appointed and the part elected4 b4 ,the first legislative body in ,america4 c4 ,the dignity of its members4 d4 ,the reason for the name ,house of ,burgesses4 #g4 ,early state government in ,massachusetts3-- a4 ,the ,dorchester ,company4 b4 ,the government provided for the ,company of ,massachusetts ,bay by its charter4 c4 ,the real purpose of the ,puritan leaders4 d4 ,the change from the primary assembly of freemen to the representative assembly4 e4 ,the division of this assembly into two houses1 with a comparison of the houses4 f4 ,the reason for the name ,general ,court4 g4 ,the loss of the charter and the causes that led to it4 h4 ,the new charter as compared with the old4 #h4 ,compare the early governments of ,connecticut and ,rhode ,island with the first government of ,massachusetts4 #i4 ,what two kinds of state government have thus far been observed8 #aj4 ,early state government in ,maryland3-- a4 ,the favouritism of the crown as shown in land grants4 b4 ,the palatine counties of ,england4 c4 ,the bishopric of ,durham the model of the colony of ,maryland4 d4 ,the extraordinary privileges granted ,lord ,baltimore4 e4 ,the tribute to be paid in return4 f4 ,the ruler a feudal long4 g4 ,limitations of the ruler's power4 #aa4 ,early state government in ,pennsylvania and ,delaware3-- a4 ,the powers of ,penn as compared with those of ,calvert4 b4 ,one governor and council1 c4 ,the legislature of each colony4 d4 ,the quarrels of the ,penns and ,calverts4 e4 ,mason and ,dixon's line4 #ab4 ,what other proprietary governments were organized1 and what was their fate8 #ac4 ,why were proprietary governments unpopular8 7,note the exceptions1 however47 #ad4 ,classify and define the forms of colonial government in existence at the beginning of the ,revolution4 #ae4 ,show that these forms differed chiefly in respect to the governor's office4 #af4 ,a representative assembly in each of the thirteen colonies3-- a4 ,the basis of representation4 b4 ,the control of the public money4 c4 ,the spontaneousness of the representative assembly4 #ag4 ,the governor's council3-- a4 ,the custom in ,england4 b4 ,the council as an upper house4 c4 ,the council in ,pennsylvania4 #ah4 ,compare the colonial systems with the ,british 7#a7 in organization and 7#b7 in the nature of their political quarrels4 #ai4 ,what was the ,american theory of the relation of each colony to the ,british parliament8 #bj4 ,what was the ,american attitude towards maritime regulations8 #ba4 ,what was the ,british theory of the relation of the ,american colonies to parliament8 #bb4 ,how was the ,revolutionary ,war brought on8 #bc4 ,describe the last act of parliament that brought matters to a crisis4 ,section #b4 ,the ,transition from ,colonial to ,state ,governments4 ,sidenote3 ,dissolution of assemblies and parliaments4 ,sidenote3 ,committees of ,correspondence4 ,during the earlier part of the ,revolutionary ,war most of the states had some kind of provisional government4 ,the case of ,massachusetts may serve as an illustration4 ,there1 as in the other colonies1 the governor had the power of dissolving the assembly4 ,this was like the king's power of dissolving parliament in the days of the ,stuarts4 ,it was then a dangerous power4 ,in modern ,england there is nothing dangerous in a dissolution of parliament2 on the contrary1 it is a useful device for ascertaining the wishes of the people1 for a new ,house of ,commons must be elected immediately4 ,but in old times the king would turn his parliament out of doors1 and as long as he could beg1 borrow1 or steal enough money to carry on government according to his own notions1 he would not order a new election4 ,fortunately such periods were not very long4 ,the latest instance was in the reign of ,charles ,i1 who got on without a parliament from #afbi to #afdj4i ,in the ,american colonies the dissolution of the assembly by the governor was not especially dangerous1 but it sometimes made mischief by delaying needed legislation4 ,during the few years preceding the ,revolution1 the assemblies were so often dissolved that it became necessary for the people to devise some new way of getting their representatives together to act for the colony4 ,in ,massachusetts this end was attained by the famous ,committees of ,correspondence4 ,no one could deny that town-meetings were legal1 or that the people of one township had a right to ask advice from the people of another township4 ,accordingly each township appointed a committee to correspond or confer with committees from other townships4 ,this system was put into operation by ,samuel ,adams in #aggb1 and for the next two years the popular resistance to the crown was organized by these committees4 ,for example1 before the tea was thrown into ,boston harbour1 the ,boston committee sought and received advice from every township in ,massachusetts1 and the treatment of the tea-ships was from first to last directed by the committees of ,boston and five neighbour towns4 ,footnote3 #i3 ,the kings of ,france contrived to get along without a representative assembly from #afad to #aghi1 and during this long period abuses so multiplied that the meeting of the ,states-,general in #aghi precipitated the great revolution which overthrew the monarchy4 ,sidenote3 ,provincial ,congress ,in #aggd a further step was taken4 ,as parliament had overthrown the old government1 and sent over ,general ,gage as military governor1 to put its new system into operation1 the people defied and ignored ,gage1 and the townships elected delegates to meet together in what was called a ,provincial ,congress4 ,the president of this congress was the chief provincial executive officer of the commonwealth1 and there was a small executive council1 known as the ,committee of ,safety4 ,sidenote3 ,provisional governments2 governors and presidents4 ,this provisional government lasted about a year4 ,in the summer of #agge the people went further4 ,they fell back upon their charter and proceeded to carry on their government as it had been carried on before #aggd1 except that the governor was left out altogether4 ,the people in town-meeting elected their representatives to a general assembly1 as of old1 and this assembly chose a council of twenty-eight members to sit as an upper house4 ,the president of the council was the foremost executive officer of the commonwealth1 but he had not the powers of a governor4 ,he was no more the governor than the president of our federal senate is the president of the ,united ,states4 ,the powers of the governor were really vested in the council1 which was an executive as well as a legislative body1 and the president was its chairman4 ,indeed1 the title president is simply the ,latin for chairman1 he who presides or sits before an assembly4 ,in #agge it was a more modest title than governor1 and had not the smack of semi-royalty which lingered about the latter4 ,governors had made so much trouble that people were distrustful of the office1 and at first it was thought that the council would be quite sufficient for the executive work that was to be done4 ,several of the states thus organized their governments with a council at the head instead of a governor2 and hence in reading about that period one often comes across the title president1 somewhat loosely used as if equivalent to governor4 ,thus in #aghg we find ,benjamin ,franklin called president of ,pennsylvania1 meaning president of the council of ,pennsylvania4 ,but this arrangement did not prove satisfactory and did not last long4 ,it soon appeared that for executive work one man is better than a group of men4 ,in ,massachusetts1 in #aghj1 the old charter was replaced by a new written constitution1 under which was formed the state government which1 with some emendations in detail1 has continued to the present day4 ,before the end of the eighteenth century all the states except ,connecticut and ,rhode ,island1 which1 had always been practically ,independent1 thus remodelled their governments4 ,sidenote3 ,origin of the ,senates4 ,these changes1 however1 were very conservative4 ,the old form of government was closely followed4 ,first there was the governor1 elected in some states by the legislature1 in others by the people4 ,then there was the two-chambered legislature1 of which the lower house was the same institution after the ,revolution that it had been before4 ,the upper house1 or council1 was retained1 but in a somewhat altered form4 ,the ,americans had been used to having the acts of their popular assemblies reviewed by a council1 and so they retained this revisory body as an upper house4 ,but the fashion of copying names and titles from the ancient ,roman republic was then prevalent1 and accordingly the upper house was called a ,senate4 ,there was a higher property qualification for senators than for representatives1 and generally their terms of service were longer4 ,in some states they were chosen by the people1 in others by the lower house4 ,in ,maryland they were chosen by a special college of electors1 an arrangement which was copied in our federal government in the election of the president of the ,united ,states4 ,in most of the states there was a lieutenant-governor1 as there had been in the colonial period1 to serve in case of the governor's death or incapacity2 ordinarily the lieutenant-governor presided over the senate4 ,sidenote3 ,likenesses and differences between ,british and ,american systems4 ,thus our state governments came to be repetitions on a small scale of the king1 lords1 and commons of ,england4 ,the governor answered to the king1 with his dignity very much curtailed by election for a short period4 ,the senate answered to the ,house of ,lords except in being a representative and not a hereditary body4 ,it was supposed to represent more especially that part of the community which was possessed of most wealth and consideration2 and in several states the senators were apportioned with some reference to the amount of taxes paid by different parts of the state4#aj ,when ,new ,york made its senate a supreme court of appeal1 it was in deliberate imitation of the ,house of ,lords4 ,on the other hand1 the ,house of ,representatives answered to the ,house of ,commons as it used to be in the days when its power was really limited by that of the upper house and the king4 ,at the present day the ,english of ,commons is a supreme body4 ,in case of a serious difference with the ,house of ,lords1 the upper house must yield1 or else new peers will be created in sufficient number to reverse its vote2 and the lords always yield before this point is reached4 ,so1 too1 though the veto power of the sovereign has never been explicitly abolished1 it has not been exercised since #agjg1 and would not now be tolerated for a moment4 ,in ,america there is no such supreme body4 ,the bill passed by the lower house may be thrown out by the upper house1 or if it passes both it may be vetoed by the governor2 and unless the bill can again pass both houses by more than a simple majority1 the veto will stand4 ,in most of the states a two-thirds vote in the affirmative is required4 ,footnote #aj3 ,see my ,critical ,period of ,american ,history1 p4 #fh4 ,,questions ,,on ,,the ,,text4 #a4 ,the dissolution of assemblies and parliaments3-- a4 ,the governor's power over the assembly in the colonies4 b4 ,the king's power over parliament in ,england4 c4 ,the danger of dissolution in the time of the ,stuarts4 d4 ,the safety of dissolution in modern ,england4 e4 ,the frequency of dissolution before the ,revolution4 #b4 ,representation of the people in the provisional government of ,massachusetts3-- a4 ,the committees of correspondence4 b4 ,their function1 with an illustration from the tea-ships4 c4 ,the provincial congress4 d4 ,the committee of safety4 e4 ,the return to the two-chambered legislature of the charter4 #c4 ,executive powers in the provisional government of ,massachusetts2-- a4 ,the foremost executive officer4 b4 ,where the power of governor was really vested4 c4 ,why the name of president was preferred to that of governor4 d4 ,the example of ,massachusetts followed elsewhere4 e4 ,the end of provisional government in #aghj4 #d4 ,the council transformed to a senate3-- a4 ,the principle of reviewing the acts of the popular assembly4 b4 ,the borrowing of ,roman names4 c4 ,the qualifications and service of senators4 d4 ,the lieutenant-governor4 #e4 ,our state governments patterned after the government of ,england3-- a4 ,the governor and the king4 b4 ,the ,senate and the ,house of ,lords4 c4 ,the ,house of ,representatives and the ,house of ,commons4 d4 ,some differences between the ,british system and the ,american4 ,section #c4 ,the ,state ,governments4 ,sidenote3 ,later modifications4 ,during the present century our state governments have undergone more or less revision1 chiefly in the way of abolishing property qualifications for offices making the suffrage universal1 and electing officers that were formerly appointed4 ,only in ,delaware does there still remain a property qualification for senators4 ,there is no longer any distinction in principle between the upper and lower houses of the legislature4 ,both represent population1 the usual difference being that the senate consists of fewer members who represent larger districts4 ,usually1 too1 the term of the representatives is two years1 and the whole house is elected at the same time1 while the term of senators is four years1 and half the number are elected every two years4 ,this system of two-chambered legislatures is probably retained chiefly through a spirit of conservatism1 because it is what we are used to4 ,but it no doubt has real advantages in checking hasty legislation4 ,people are always wanting to have laws made about all sorts of things1 and in nine cases out of ten their laws would be pernicious laws2 so that it is well not to have legislation made too easy4 ,sidenote3 ,the suffrage4 ,the suffrage by which the legislature is elected is almost universal4 ,it is given in all the states to all male citizens who have reached the age of one-and-twenty4 ,in many it is given also to denizens of foreign birth who have declared an intention of becoming citizens4 ,in some it is given without further specification to every male inhabitant of voting age4 ,residence in the state for some period1 varying from three months to two years and a half1 is also generally required2 sometimes a certain length of residence in the county1 the town1 or even in the voting precinct1 is prescribed4 ,in many of the states it is necessary to have paid one's poll-tax4 ,there is no longer any property qualification1 though there was until recently in ,rhode ,island1 ,criminals1 idiots1 and lunatics are excluded from the suffrage4 ,some states also exclude duellists and men who bet on elections4 ,connecticut and ,massachusetts shut out persons who are unable to read4 ,in no other country has access to citizenship and the suffrage been made so easy4 ,sidenote3 ,separation between legislation and the executive4 ,a peculiar feature of ,american governments1 and something which it is hard for ,europeans to understand1 is the almost complete separation between the executive and the legislative departments4 ,in ,european countries the great executive officers are either members of the legislature1 or at all events have the right to be present at its meetings and take part in its discussions2 and as they generally have some definite policy by which they are to stand or fall1 they are wont to initiate legislation and to guide the course of the discussion4 ,but in ,america the legislatures1 having no such central points about which to rally their forces1 carry on their work in an aimless1 rambling sort of way1 through the agency of many standing committees4 ,when a measure is proposed it is referred to one of the committees for examination before the house will have anything to do with it4 ,such a preliminary examination is of course necessary where there is a vast amount of legislative work going on4 ,but the private and disconnected way in which our committee work is done tends to prevent full and instructive discussion in the house1 to make the mass of legislation1 always chaotic enough1 somewhat more chaotic1 and to facilitate the various evil devices of lobbying and log-rolling4 ,in pointing out this inconvenience attendant upon the ,american plan of separating the executive and legislative departments1 ,i must not be understood as advocating the ,european plan as preferable for this country4 ,the evils that inevitably flow from any fundamental change in the institutions of a country are apt to be much more serious than the evils which the change is intended to remove4 ,political government is like a plant2 a little watering and pruning do very well for it1 but the less its roots are fooled with1 the better4 ,in the ,american system of government the independence of the executive department1 with reference to the legislative1 is fundamental2 and on the whole it is eminently desirable4 ,one of the most serious of the dangers which beset democratic government1 especially where it is conducted on a great scale1 is the danger that the majority for the time being will use its power tyrannically and unscrupulously1 as it is always tempted to do4 ,against such unbridled democracy we have striven to guard ourselves by various constitutional checks and balances4 ,our written constitutions and our ,supreme ,court are important safeguards1 as will be shown below4 ,the independence of our executives is another important safeguard4 ,but if our executive departments were mere committees of the legislature--like the ,english cabinet1 for example--this independence could not possibly be maintained2 and the loss of it would doubtless entail upon us evils far greater than those which mow flow from want of leadership in our legislatures4#aa ,footnote #aa3 ,in two admirable essays on ,cabinet ,responsibility and the ,constitution1 and ,democracy and the ,constitution1 ,mr4 ,lawrence ,lowell has convincingly argued that the ,american system is best adapted to the circumstances of this country4 ,lowell1 ,essays on ,government1 pp4 #bj-aag1 ,boston1 #ahij4 ,we must remember that government is necessarily a cumbrous affair1 however conducted4 ,the only occasion on which the governor is a part of the legislature is when he signs or vetoes a bill4 ,then he is virtually in himself a third house4#ab ,as an executive officer the governor is far less powerful than in the colonial times4 ,we shall see the reason of this after we have enumerated some of the principal offices in the executive department4 ,there is always a secretary of state1 whose main duty is to make and keep the records of state transactions4 ,there is always a state treasurer1 and usually a state auditor or comptroller to examine the public accounts and issue the warrants without which the treasurer cannot pay out a penny of the state's money4 ,there is almost always an attorney-general1 to appear for the state in the supreme court in all cases in which the state is a party1 and in all prosecutions for capital offences4 ,he also exercises some superintendence over the district attorneys1 and acts as legal adviser to the governors and the legislature4 ,there is also in many states a superintendent of education2 and in some there are boards of education1 of health1 of lunacy and charity1 bureau of agriculture1 commissioners of prisons1 of railroads1 of mines1 of harbours1 of immigration1 and so on4 ,sometimes such boards are appointed by the governor1 but such officers as the secretary of state1 the treasurer1 auditor1 and attorney-general are1 in almost all the states1 elected by the people4 ,they are not responsible to the governor1 but to the people who elect them4 ,they are not subordinate to the governor1 but are rather his colleagues4 ,strictly speaking1 the governor is not the head of the executive department1 but a member of it4 ,the executive department is parcelled out in several pieces1 and his is one of the pieces4 ,footnote #ab3 ,the state executive4 ,sidenote3 ,the governor's functions3 #a4 ,advisor of legislature4 #b4 ,commander of state militia4 #c4 ,royal prerogative of pardon4 #d4 ,veto power4 ,the ordinary functions of the governor are four in number4 #a4 ,he sends a message to the legislature1 at the beginning of each session1 recommending such measures as he would like to see embodied in legislation4 #b4 ,he is commander-in-chief of the state militia1 and as such can assist the sheriff of a county in putting down a riot1 or the ,president of the ,united ,states1 in the event of a war4 ,on such occasions the governor may become a personage of immense importance1 as1 for example1 in our ,civil ,war1 when ,president ,lincoln's demands for troops met with such prompt response from the men who will be known to history as the great war governors4 #c4 ,the governor is invested with the royal prerogative of pardoning criminals1 or commuting the sentences pronounced upon them by the courts4 ,this power belongs to kings in accordance with the old feudal notion that the king was the source or fountain of justice4 ,when properly used it affords an opportunity for rectifying some injustice for which the ordinary machinery of the law could not provide1 or for making such allowances for extraordinary circumstances as the court could not properly consider4 ,in our country it is too often improperly used to enable the worst criminals to escape due punishment1 just because it is a disagreeable duty to hang them4 ,such misplaced clemency is pleasant for the murderers1 but it makes life less secure for honest men and women1 and in the less civilized regions of our country it encourages lynch law4 #d4 ,in all the states except ,rhode ,island1 ,delaware1 ,ohio1 and ,north ,carolina1 the governor has a veto upon the acts of the legislature1 as above explained2 and in ordinary times this power1 which is not executive but legislative1 is probably the governor's most important and considerable power4 ,in thirteen of the states the governor can veto particular items in a bill for the appropriation of public money1 while at the same time he approves the rest of the bill4 ,this is a most important safeguard against corruption1 because where the governor does not have this power it is possible to make appropriations for unworthy or scandalous purposes along with appropriations for matters of absolute necessity1 and then to lump them all together in the same bill1 so that the governor must either accept the bad along with the good or reject the good along with the bad4 ,it is a great gain when the governor can select the items and veto some while approving others4 ,in such matters the governor is often more honest and discreet than the legislature1 if for no other reason1 because he is one man1 and responsibility can be fixed upon him more clearly than upon two or three hundred4 ,such1 in brief outline1 is the framework of the ,american state governments4 ,but our account would be very incomplete without some mention of three points1 all of them especially characteristic of the ,american state1 and likely to be overlooked or misunderstood by ,europeans4 ,sidenote3 ,in building the state1 the local self-government was left unimpaired4 ,first1 while we have rapidly built up one of the greatest empires yet seen upon the earth1 we have left our self-government substantially unimpaired in the process4 ,this is exemplified in two ways3 first1 in the relationship of the state to its towns and counties1 and1 secondly1 in its relationship to the federal government4 ,over the township and county governments the state exercises a general supervision2 indeed1 it clothes them with their authority4 ,townships and counties have no sovereignty2 the state1 on the other hand1 has many elements of sovereignty1 but it does not use them to obliterate or unduly restrict the control of the townships and counties over their own administrative work4 ,it leaves the local governments to administer themselves4 ,as a rule there is only just enough state supervision to harmonize the working of so many local administrations4 ,such a system of government comes as near as possible toward making all ,american citizens participate actively in the management of public affairs4 ,it generates and nourishes a public spirit and a universal acquaintance with matters of public interest such as has probably never before been seen in any great country4 ,public spirit of equal or greater intensity may have been witnessed in small and highly educated communities1 such as ancient ,athens or mediaeval ,florence1 but in the ,united ,states it is diffused over an area equal to the whole of ,europe4 ,among the leading countries of the world ,england is the one which comes nearest to the ,united ,states in the general diffusion of enlightened public spirit and political capacity throughout all classes of society4 ,sidenote3 ,instructive contrast with ,france4 ,a very notable contrast to the self-government which has produced such admirable results is to be seen in ,france1 and as contrasts are often instructive1 let me mention one or two features of the ,french government4 ,there is nothing like the irregularity and spontaneity there that we have observed in our survey of the ,united ,states4 ,everything is symmetrical4 ,france is divided into eighty-nine departments1 most of them larger than the state of ,delaware1 some of them nearly as large as ,connecticut1 and the administration of one department is exactly like that of all the others4 ,the chief officer of the department is the prefect1 who is appointed by the minister of the interior at ,paris4 ,the prefect is treasurer1 recruiting officer1 school superintendent1 all in one1 and he appoints nearly all inferior officers4 ,the department has a council1 elected by universal suffrage1 but it has no power of assessing taxes4 ,the central legislature in ,paris decides for it how much money it shall use and how it shall raise it4 ,the department council is not even allowed to express its views on political matters2 it can only attend to purely local details of administration4 ,the smallest civil division in ,france is the commune1 which may be either rural or urban4 ,the commune has a municipal council which elects a mayor2 but when once elected the mayor becomes directly responsible to the prefect of the department1 and through him to the minister of the interior4 ,if these greater officers do not like what the mayor does1 they can overrule his acts or even suspend him from office2 or upon their complaint the ,president of the ,republic can remove him4 ,sidenote3 ,in ,france whether it is nominally a despotic empire or a republic at the top1 there is scarcely any self-government at the bottom4 ,hence government there rests on an insecure foundation4 ,thus in ,france people do not manage their own affairs1 but they are managed for them by a hierarchy of officials with its head at ,paris4 ,this system was devised by the ,constituent ,assembly in #agij and wrought into completeness by ,napoleon in #ahjj4 ,the men who devised it in #agij actually supposed that they were inaugurating a system or political freedom7671 and unquestionably it was a vast improvement upon the wretched system which it supplanted2 but as contrasted with ,american methods and institutions1 it is difficult to call it anything else than a highly centralized despotism4 ,it has gone on without essential change through all the revolutions which have overtaken ,france since #ahjj4 ,the people have from time to time overthrown an unpopular government at ,paris1 but they have never assumed the direct control of their own affairs4 ,hence it is commonly remarked that while the general intelligence of the ,french people is very high1 their intelligence in political matters is1 comparatively speaking1 very low4 ,some persons try to explain this by a reference to peculiarities of race4 ,but if we ,americans were to set about giving to the state governments things to do that had better be done by counties and towns1 and giving the federal government things to do that had better be done by the states1 it would not take many generations to dull the keen edge of our political capacity4 ,we should lose it as inevitably as the most consummate of pianists will lose his facility if he stops practising4 ,it is therefore a fact of cardinal importance that in the ,united ,states the local governments of township1 county1 and city are left to administer themselves instead of being administered by a great bureau with its head at the state capital4 ,in a political society thus constituted from the beginning it has proved possible to build up our ,federal ,union1 in which the states1 while for certain purposes indissolubly united1 at the same time for many other purposes retain their self-government intact4 ,as in the case of other aggregates1 the nature of the ,american political aggregate has been determined by the nature of its political units4 ,sidenote3 ,vastness of the functions retained by the states in the ,american ,union4 ,secondly1 let us observe how great are the functions retained by our states under the conditions of our ,federal ,union4 ,the powers granted to our federal government1 such as the control over international questions1 war and peace1 the military forces1 the coinage1 patents and copyrights1 and the regulation of commerce between the states and with foreign countries1--all these are powers relating to matters that affect all the states1 but could not be regulated harmoniously by the separate action of the states4 ,in order the more completely to debar the states from meddling with such matters1 they are expressly prohibited from entering into agreements with each other or with a foreign power2 they cannot engage in war1 save in case of actual invasion or such imminent danger as admits of no delay2 without consent of ,congress they cannot keep a military or naval force in time of peace1 or impose custom-house duties4 ,besides all this they are prohibited from granting titles of nobility1 coining money1 emitting bills of credit1 making anything but gold and silver coin a tender in payment of debts1 passing bills of attainder1 ex post facto laws1 or laws impairing the obligation of contracts4 ,the force of these latter restrictions will be explained hereafter4 ,such are the limitations of sovereignty imposed upon the states within the ,federal ,union4 ,compared with the vast prerogatives of the state legislatures1 these limitations seem small enough4 ,all the civil and religious rights of our citizens depend upon state legislation2 the education of the people is in the care of the states2 with them rests the regulation of the suffrage2 they prescribe the rules of marriage1 the legal relations of husband and wife1 of parent and child2 they determine the powers of masters over servants and the whole law of principal and agent1 which is so vital a matter in all business transactions2 they regulate partnership1 debt and credit1 insurance2 they constitute all corporations1 both private and municipal1 except such as specially fulfill the financial or other specific functions of the federal government2 they control the possession1 distribution1 and use of property1 the exercise of trades1 and all contract relations2 and they formulate and administer all criminal law1 except only that which concerns crimes committed against the ,united ,states1 on the high seas1 or against the law of nations4 ,space would fail in which to enumerate the particulars of this vast range of power2 to detail its parts would be to catalogue all social and business relationships1 to examine all the foundations of law and order4#ac ,footnote #ac3 ,woodrow ,wilson1 ,the ,state3 ,elements of ,historical and ,practical ,politics1 p4 #dcg4 ,this enumeration1 by ,mr4 ,woodrow ,wilson1 is so much to the point that ,i content myself with transcribing it4 ,a very remarkable illustration of the preponderant part played by state law in ,america is given by ,mr4 ,wilson1 in pursuance of the suggestion of ,mr4 ,franklin ,jameson4#ad ,consider the most important subjects of legislation in ,england during the present century1 the subjects which make up almost the entire constitutional history of ,england for eighty years4 ,these subjects are ,catholic emancipation1 parliamentary reform1 the abolition of slavery1 the amendment of the poor-laws1 the reform of municipal corporations1 the repeal of the corn laws1 the admission of ,jews to parliament1 the disestablishment of the ,irish church1 the alteration of the ,irish land laws1 the establishment of national education1 the introduction of the ballot1 and the reform of the criminal law4 ,in the ,united ,states only two of these twelve great subjects could be dealt with by the federal government3 the repeal of the corn laws1 as being a question of national revenue and custom-house duties1 and the abolition of slavery1 by virtue of a constitutional amendment embodying some of the results of our ,civil ,war4 ,all the other questions enumerated would have to be dealt with by our state governments2 and before the war that was the case with the slavery question also4 ,a more vivid illustration could not be asked for4 ,footnote #ad3 ,jameson1 ,the ,study of the ,constitutional ,history of the ,states ,j4,h4,u4 ,studies1 ,,iv41 v4 ,how complete is the circle of points in which the state touches the life of the ,american citizen1 we may see in the fact that our state courts make a complete judiciary system1 from top to bottom independent of the federal courts4#ae ,an appeal may be carried from a state court to a federal court in cases which are found to involve points of federal law1 or in suits arising between citizens of different states1 or where foreign ambassadors are concerned4 ,except for such cases the state courts make up a complete judiciary world of their own1 quite outside the sphere of the ,united ,states courts4 ,footnote #ae3 ,independence of the state courts4 ,sidenote3 ,constitution of the state courts4 ,we have already had something to say about courts in connection with those primitive areas for the administration of justice1 the hundred and the county4 ,in our states there are generally four grades of courts4 ,there are1 first1 the justices of the peace 1 with jurisdiction over petty police offences and civil suits for trifling sums4 ,they also conduct preliminary hearings in cases where persons are accused of serious crimes1 and when the evidence seems to warrant it they may commit the accused person for trial before a higher court4 ,the mayor's court in a city usually has jurisdiction similar to that of justices of the peace4 ,secondly1 there are county and municipal courts1 which hear appeals from justices of the peace and from mayor's courts1 and have original jurisdiction over a more important grade of civil and criminal cases4 ,thirdly1 there are superior courts1 having original jurisdiction over the most important cases and over wider of the state areas of country1 so that they do not confine their sessions to one place1 but move about from place to place1 like the ,english justices in eyre4 ,cases are carried up1 on appeal1 from the lower to the superior court4 ,fourthly1 there is in every state a supreme court1 which generally has no original jurisdiction1 but only hears appeals from the decisions of the other courts4 ,in ,new ,york there is a supremest court1 styled the court of appeals1 which has the power of revising sundry judgments of the supreme court2 and there is something similar in ,new ,jersey1 ,illinois1 ,kentucky1 and ,louisiana4#af ,footnote #af3 ,wilson4 ,the ,state1 pp4 #eji-eac4 ,sidenote3 ,elective and appointive judges4 ,in the thirteen colonies the judges were appointed by the governor1 with or without the consent of the council1 and they held office during life or good behaviour4 ,among the changes made in our state constitutions since the ,revolution1 there have been few more important than those which have affected the position of the judges4 ,in most of the states they are now elected by the people for a term of years1 sometimes as short as two years4 ,there is a growing feeling that this change was a mistake4 ,it seems to have lowered the general character of the judiciary4 ,the change was made by reasoning from analogy3 it was supposed that in a free country all offices ought to be elective and for short terms4 ,but the case of a judge is not really analogous to that of executive officers1 like mayors and governors and presidents4 ,the history of popular liberty is much older than the history of the ,united ,states1 and it would be difficult to point to an instance in which popular liberty has ever suffered from the life tenure of judges4 ,on the contrary1 the judge ought to be as independent as possible of all transient phases of popular sentiment1 and ,american experience during the past century seems to teach us that in the few states where the appointing of judges during life or good behaviour has prevailed1 the administration of justice has been better than in the states where the judges have been elected for specified terms4 ,since #ahfi there has been a marked tendency toward lengthening the terms of elected judges1 and in several states there has been a return to the old method of appointing judges by the governor1 subject to confirmation by the senate4#ag ,it is one of the excellent features of our system of federal government1 that the several states can thus try experiments each for itself and learn by comparison of results4 ,when things are all trimmed down to a dead level of uniformity by the central power1 as in ,france1 a prolific source of valuable experiences is cut off and shut up4 ,footnote #ag3 ,for details1 see the admirable monograph of ,henry ,hitchcock1 ,american ,state ,constitutions1 p4 #ec4 ,,questions ,,on ,,the ,,text4 #a4 ,modifications of state government during the present century3-- a4 ,property qualifications for office4 b4 ,the distinction between the upper and the lower house4 c4 ,the advantage in retaining a two-chambered legislature4 #b4 ,the suffrage3-- a4 ,the persons to whom it is granted4 b4 ,the qualifications established4 c4 ,the persons excluded from its exercise4 #c4 ,the separation of the executive and legislative departments3-- a4 ,the relation of the great executive officers to legislation in ,europe4 b4 ,the work of legislation in the ,united ,states4 c4 ,the most serious of the dangers that beset democratic government4 d4 ,important safeguards against such a danger4 #d4 ,the state executive3-- a4 ,the governor as a part of the legislature4 b4 ,officers always belonging to executive departments4 c4 ,officers frequently belonging to executive departments4 d4 ,the relation of the governor to other elected executive officers4 #e4 ,the ordinary functions of the governor3-- a4 ,advising the legislature4 b4 ,commanding the militia4 c4 ,pardoning criminals or commuting their sentences4 d4 ,vetoing acts of the legislature4 #f4 ,why is the power to veto particular items in a bill appropriating public money an important safeguard against corruption8 #g4 ,local self-government in the ,united ,states left unimpaired3-- a4 ,the extent of state supervision of towns and counties4 b4 ,the spirit thus developed in ,american citizens4 #h4 ,a lesson from the symmetry of the ,french government3-- a4 ,the departments and their administration4 b4 ,the prefect and his duties4 c4 ,the department council and its sphere of action4 d4 ,the commune4 e4 ,the ,french system contrasted with the ,american4 f4 ,a common view of the political intelligence of the ,french4 g4 ,the probable effect of excessive state control upon the political intelligence of ,americans4 #i4 ,the greatness of the functions retained by the states under the federal government3-- a4 ,powers granted to the government of the ,united ,states4 b4 ,the reason for granting such powers1 c4 ,the powers denied to the states4 d4 ,the reason for such prohibitions4 e4 ,the vast range of powers exercised by the states4 f4 ,the most important subjects of legislation in ,england for the past eighty years4 g4 ,the governments1 state or national1 to which these twelve subjects would have fallen in the ,united ,states4 #aj4 ,speak of the independence of the state courts4 #aa4 ,in what cases only may matters be transferred from them to a federal court8 #ab4 ,the constitution of the state courts3-- a4 ,justices of the peace2 the mayor's court4 b4 ,county and municipal courts4 c4 ,the superior courts4 d4 ,the supreme court4 e4 ,still higher courts in certain states4 #ac4 ,the selection of judges and their terms of service3-- a4 ,in the thirteen colonies4 b4 ,in most of the states since the ,revolution4 c4 ,the reasons for a life tenure4 d4 ,the tendency since #ahfi4 #ad4 ,mention a conspicuous advantage of our system of government over the ,french4 ,,suggestive ,,questions ,,and ,,directions4 #a4 ,was there ever a charter government in your state8 ,if so1 where is the charter at the present time8 ,what is its present value8 ,try to see it1 if possible4 ,pupils of ,boston and vicinity1 for example1 may examine in the office of the secretary of state1 at the state house1 the charter of ,king ,charles 7#afbi7 and that of ,william and ,mary 7#afib74 #b4 ,when was your state organized under its present government8 ,if it is not one of the original thirteen1 what was its history previous to organization2 that is1 who owned it and controlled it1 and how came it to become a state8 #c4 ,what are the qualifications for voting in your state8 #d4 ,what are the arguments in favour of an educational qualification for voters 7as1 for example1 the ability to read the ,constitution of the ,united ,states78 ,what reasons might be urged against such qualifications8 #e4 ,who is the governor of your state8 ,what political party supported him for the position8 ,for what ability or eminent service was he selected8 #f4 ,give illustrations of the governor's exercise of the four functions of advising1 vetoing1 pardoning1 and commanding 7consult the newspapers while the legislature is in session74 #g4 ,mention some things done by the governor that are not included in the enumeration of his functions in the text4 #h4 ,visit1 if practicable1 the ,state ,house4 ,observe the various offices1 and consider the general nature of the business done there4 ,attend a session of the ,senate or the ,house of ,representatives4 ,obtain some orders of the day4 #i4 ,if the legislature is in session1 follow its proceedings in the newspapers4 ,what important measures are under discussion8 ,on what sort of questions are party lines pretty sharply drawn8 ,on what sort of questions are party distinctions ignored8 #aj4 ,consult the book of general or public statutes1 and report on the following points3-- a4 ,the magnitude of the volume4 b4 ,does it contain all the laws8 ,if not1 what are omitted8 c4 ,give some of the topics dealt with4 d4 ,where are the laws to be found that have been made since the printing of the volume8 e4 ,are the originals of the laws in the volume8 ,if not1 where are they and in what shape8 #aa4 ,is everybody expected to know all the laws8 #ab4 ,does ignorance of the law excuse one for violating it8 #ac4 ,suppose people desire the legislature to pass some law1 as1 for example1 a law requiring towns and cities to provide flags for school-houses1 how is the attention of the legislature secured8 ,what are the various stages through which the bill must pass before it can become a law8 ,why should there be so many stages8 #ad4 ,give illustrations of the exercise of federal government1 state government1 and local government1 in your own town or city4 ,of which government do you observe the most signs8 ,of which do you observe the fewest signs8 ,of which government do the officers seem most sensitive to local opinion8 #ae4 ,are the sessions of the legislature in your state annual or biennial8 ,what is the argument for each system8 ,for answers to numbers #af1 #ag1 #ah1 and #ai1 consult the public statutes1 a lawyer1 or some intelligent business man4 ,a fair idea of the successive steps in the courts may be obtained from a good unabridged dictionary by looking up the technical terms employed in these questions4 #af4 ,what is the difference between a civil action and a criminal8 a4 ,in respect to the object to be gained in each8 b4 ,in respect to the party that is the plaintiff8 c4 ,in respect to the consequences to the defendant if the case goes against him8 #ag4 ,give an outline of the procedure in a minor criminal action that is tried without a jury in a lower court4 ,consider 7#a7 the complaint1 7#b7 the warrant1 7#c7 the return1 7#d7 the recognizance1 7#e7 the subpoena1 7#f7 the arraignment1 7#g7 the plea1 7#h7 the testimony1 7#i7 the arguments17#aj7 the judgment and sentence1 and 7#aa7 the penalty and its enforcement4 ,what is an appeal8--,this procedure seems cumbrous1 but it is founded in common sense4 ,what one of the foregoing steps1 for example1 would you omit8 ,why8 #ah4 ,give an outline of the procedure in a criminal action that is tried with a jury in a higher court4 ,the action is begun in a lower court where the first five stages are the same as in number #ag4 ,then follow 7#f7 the examination of witnesses1 7#g7 the binding over of the accused to appear before the higher court for trial1 7#h7 the sending of the complaint and the proceedings thereon to the district or county attorney1 7#i7 the indictment1 7#aj7 the action of the grand jury upon the indictment1 7#aa7 the challenging of jurors before the trial1 7#ab7 the arraignment1 7#ac7 the plea1 7#ad7 the testimony1 7#ae7 the arguments1 7#af7 the charge to the jury1 7#ag7 the verdict1 and 7#ah7 the sentence1 with its penalty and the enforcement of it4 ,what are exceptions8--,why should there be a jury in the higher court when there is none in the lower8 ,what is the objection to dispensing with any one of the foregoing steps8 ,does this machinery make it difficult to punish crime8 ,why should an accused person receive so much consideration8 #ai4 ,give an outline of the procedure in a minor civil action4 ,consider 7#a7 the writ1 7#b7 the attachment1 7#c7 the summons to the defendant1 7#d7 the return1 7#e7 the pleading1 7#f7 the testimony1 7#g7 the arguments1 7#h7 the judgment or decision of the judge1 and 7#i7 the execution4--,if the action is conducted in a higher court1 then a jury decides the question at issue1 the judge instructing the jurors in points of law4 #bj4 ,suppose an innocent man is tried for an alleged crime and acquitted1 has he any redress8 #ba4 ,is the enforcement of law complete and satisfactory in your community8 #bb4 ,what is your opinion of the general security of person and property in your community8 #bc4 ,is there any connection between public sentiment about a law and the enforcement of that law8 ,if so1 what is it8 #bd4 ,any one of the twelve subjects of legislation cited on page #agg may be taken as a special topic4 ,consult any modern history of ,england4 #be4 ,which do you regard as the more important possession for the citizen1--an acquaintance with the principles and details of government and law1 or a law-abiding and law-supporting spirit8 ,what reasons have you for your opinion8 ,where is your sympathy in times of disorder1 with1 those who defy the law or with those who seek to enforce it8 7,suppose a case in which you do not approve the law1 and then answer47 #bf4 ,may you ever become an officer of the law8 ,would you as a citizen be justified in withholding from an officer that obedience and moral support which you as an officer might justly demand from every citizen8 ,,bibliographical ,,note4 ,the ,state4--,for the founding of the several colonies1 their charters1 etc41 the student may profitably consult the learned monographs in ,winsor's ,narrative and ,critical ,history of ,america1 #h vols41 ,boston1 #ahhf-hi4 ,a popular account1 quite full in details1 is given in ,lodge's ,short ,history of the ,english ,colonies in ,america1 ,n4 ,y41 #ahha4 ,there is a fairly good account of the revision and transformation of the colonial governments in ,bancroft's ,history of the ,united ,states1 final edition1 ,n4,y41 #ahhf1 vol4 v4 pp4 #aaa-abe4 ,the series of ,american ,commonwealths1 edited by ,h4,e4 ,scudder1 and published by ,houghton1 ,mifflin ,co41 will be found helpful4 ,the following have been published3 ,johnston1 ,connecticut3 a ,study of a ,commonwealth-,democracy1 #ahhg2 ,roberts1 ,new ,york3 the ,planting and ,growth of the ,empire ,state1 #b vols41 #ahhg2 ,browne1 ,maryland3 the ,history of a ,palatinate1 #b;d ed41 #ahhd2 ,cooke1 ,virginia3 a ,history of the ,people1 #ahhc2 ,shaler1 ,kentucky3 a ,pioneer ,commonwealth1 #ahhd2 ,king1 ,ohio3 ,first ,fruits of the ,ordinance of #aghg1ahhh2 ,dunn1 ,indiana3 a ,redemption from ,slavery1 #ahhh2 ,cooley1 ,michigan3 a ,history of ,governments1 #ahhe2 ,carr1 ,missouri3 a ,bone of ,contention1 #ahhh2 ,spring1 ,kansas3 the ,prelude to the ,war for the ,union1 #ahhe2 ,royce1 ,california3 a ,study of ,american ,character1 #ahhf2 ,barrows1 ,oregon3 the ,struggle for ,possession1 #ahhc4 ,in connection with the questions on page #ahc1 the student is advised to consult ,dole's ,talks about ,law3 a ,popular ,statement of ,what our ,law is and ,how it is ,administered1 ,boston1 #ahhg4 ,this book deserves high praise4 ,in a very easy and attractive way it gives an account of such facts and principles of law as ought to be familiarly understood by every man and woman4 ,,chapter ,,vii4 ,,written ,,constitutions4 ,sidenote3 ,in the ,american state there is a power above the legislature4 ,toward the close of the preceding chapter#a ,i spoke of three points especially characteristic of the ,american state1 and ,i went on to mention two of them4 ,the third point which ,i had in mind is so remarkable and important as to require a chapter all to itself4 ,in the ,american state the legislature is not supreme1 but has limits to its authority prescribed by a written document1 known as the ,constitution2 and if the legislature happens to pass a law which violates the constitution1 then whenever a specific case happens to arise in which this statute is involved1 it can be brought before the courts1 and the decision of the court1 if adverse to the statute1 annuls it and renders it of no effect4 ,the importance of this feature of civil government in the ,united ,states can hardly be overrated4 ,it marks a momentous advance in civilization1 and it is especially interesting as being peculiarly ,american4 ,almost everything else in our fundamental institutions was brought by our forefathers in a more or less highly developed condition from ,england2 but the development of the written constitution1 with the consequent relation of the courts to the law-making power1 has gone on entirely upon ,american soil4 ,footnote #a3 ,see above1 p4 #agb4 ,sidenote3 ,germs of the idea of a written constitution4 ,sidenote3 ,our indebtedness to the ,romans4 ,sidenote3 ,medival charters4 ,the germs of the written constitution existed a great while ago4 ,perhaps it would not be easy to say just when they began to exist4 ,it was formerly supposed by such profound thinkers as ,locke and such persuasive writers as ,rousseau1 that when the first men came together to live in civil society1 they made a sort of contract with one another as to what laws they would have1 what beliefs they would entertain1 what customs they would sanction1 and so forth4 ,this theory of the ,social ,contract was once famous1 and exerted a notable influence on political history1 and it is still interesting in the same way that spinning-wheels and wooden frigates and powdered wigs are interesting2 but we now know that men lived in civil society1 with complicated laws and customs and creeds1 for many thousand years before the notion had ever entered anybody's head that things could be regulated by contract4 ,that notion we owe chiefly to the ancient ,romans1 and it took them several centuries to comprehend the idea and put it into practice4 ,we owe them a debt of gratitude for it4 ,the custom of regulating business and politics and the affairs of life generally by voluntary but binding agreements is something without which we moderns would not think life worth living4 ,it was after the ,roman world--that is to say1 ,christendom1 for in the ,middle ,ages the two terms were synonymous--had become thoroughly familiar with the idea of contract1 that the practice grew up of granting written charters to towns1 or monasteries1 or other corporate bodies4 ,the charter of a mediaeval town was a kind of written contract by which the town obtained certain specified immunities or privileges from the sovereign or from a great feudal lord1 in exchange for some specified service which often took the form of a money payment4 ,it was common enough for a town to buy liberty for hard cash1 just as a man might buy a farm4 ,the word charter originally meant simply a paper or written document1 and it was often applied to deeds for the transfer of real estate4 ,in contracts of such importance papers or parchment documents were drawn up and carefully preserved as irrefragable evidences of the transaction4 ,and so1 in quite significant phrase the towns zealously guarded their charters as the title-deeds of their liberties4 ,sidenote3 ,the ,great ,charter 7#abae74 ,after a while the word charter was applied in ,england to a particular document which specified certain important concessions forcibly wrung by the people from a most unwilling sovereign4 ,this document was called ,magna ,charta1 or the ,great ,charter1 signed at ,runnymede1 ,june #ae1 #abae1 by ,john1 king of ,england4 ,after the king had signed it and gone away to his room1 he rolled in a mad fury on the floor1 screaming curses1 and gnawing sticks and straw in the impotence of his1 wrath4#b ,perhaps it would be straining words to call a transaction in which the consent was so one-sided a contract1 but the idea of ,magna ,charta was derived from that of the town charters with which people were already familiar4 ,thus a charter came to mean a grant made by the sovereign either to the whole people or to a portion of them1 securing to them the enjoyment of certain rights4 ,now in legal usage a charter differs from a constitution in this1 that the former is granted by the sovereign1 while the latter is established by the people themselves3 both are the fundamental law of the land4#c a ,the distinction is admirably expressed1 but in history it is not always easy to make it4 ,magna ,charta was in form a grant by the sovereign1 but it was really drawn up by the barons1 who in a certain sense represented the ,english people2 and established by the people after a long struggle which was only in its first stages in ,john's time4 ,to some extent it partook of the nature of a written constitution4 ,footnote #b3 ,green1 ,hist4 of the ,english ,people1 vol4 i4 p4 #bdh4 ,footnote #c3 ,bouvier1 ,law ,dictionary1 #abth ed41 vol4 i4 p4 #bei4 ,sidenote3 ,the ,bill of ,rights 7#afhi74 ,let us now observe what happened early in #afhi1 after ,james ,,ii had fled from ,england4 ,on ,january #bhth parliament declared the throne vacant4 ,parliament then drew up the ,declaration of ,rights1 a document very similar in purport to the first eight amendments to our ,federal ,constitution1 and on the #acth of ,february the two houses offered the crown to ,william and ,mary on condition of their accepting this declaration of the true1 ancient1 and indubitable rights of the people of this realm4 ,the crown having been accepted on these terms1 parliament in the following ,december enacted the famous ,bill of ,rights1 which simply put their previous declaration into the form of a declaratory statute4 ,the ,bill of ,rights was not--even in form--a grant from a sovereign2 it was an instrument framed by the representatives of the people1 and without promising to respect it ,william and ,mary could no more have mounted the throne than a president of the ,united ,states could be inducted into office if he were to refuse to take the prescribed oath of allegiance to the ,federal ,constitution4 ,the ,bill of ,rights was therefore1 strictly speaking1 a piece of written constitution2 it was a constitution as far as it went4 ,sidenote3 ,foreshadowing of the ,american idea by ,sir ,harry ,vane 7#afef74 ,the seventeenth century1 the age when the builders of ,american commonwealths were coming from ,england1 was especially notable in ,england for two things4 ,one was the rapid growth of modern commercial occupations and habits1 the other was the temporary overthrow of monarchy1 soon followed by the final subjection of the crown to parliament4 ,accordingly the sphere of contract and the sphere of popular sovereignty were enlarged in men's minds1 and the notion of a written constitution first began to find expression4 ,the ,instrument of ,government which in #afec created the protectorate of ,oliver ,cromwell was substantially a written constitution1 but it emanated from a questionable authority and was not ratified4 ,it was drawn up by a council of army officers2 and it broke down because the first parliament summoned under it refused to acknowledge its binding force4 #d ,the dissolution of this parliament accordingly left ,oliver absolute dictator4 ,in #afef1 when it seemed so necessary to decide what sort of government the dictatorship of ,cromwell was to prepare the way for1 ,sir ,harry ,vane proposed that a national convention should be called for drawing up a written constitution4#e ,the way in which he stated his case showed that he had in him a prophetic foreshadowing of the ,american idea as it was realized in #aghg4 ,but ,vane's ideas were too far in advance of his age to be realized then in ,england4 ,older ideas1 to which men were more accustomed1 determined the course of events there1 and it was left for ,americans to create a government by means of a written constitution4 ,and when ,american statesmen did so1 they did it without any reference to ,sir ,harry ,vane4 ,his relation to the subject has been discovered only in later days1 but ,i mention him here in illustration of the way in which great institutions grow4 ,they take shape when they express the opinions and wishes of a multitude of persons2 but it often happens that one or two men of remarkable foresight had thought of them long beforehand4 ,footnote #d3 ,gardiner1 ,constitutional ,documents of the ,puritan ,revolution1 p4 lx4 ,footnote #e3 ,see ,hosmer's ,young ,sir ,henry ,vane1 pp4 #dcb-ddd1--one of the best books ever written for the reader who wishes to understand the state of mind among the ,english people in the crisis when they laid the foundations of the ,united ,states4 ,sidenote3 ,the ,mayflower compact7#afbj74 ,in ,america the first attempts at written constitutions were in the fullest sense made by the people1 and not through representatives but directly4 ,in the ,mayflower's cabin1 before the ,pilgrims had landed on ,plymouth rock1 they subscribed their names to a compact in which they agreed to constitute themselves into a body politic1 and to enact such laws as might be deemed best for the colony they were about to establish2 and they promised all due submission and obedience to such laws4 ,such a compact is of course too vague to be called a constitution4 ,properly speaking1 a written constitution is a document which defines the character and powers of the government to which its framers are willing to entrust themselves4 ,almost any kind of civil government might have been framed under the ,mayflower compact1 but the document is none the less interesting as an indication of the temper of the men who subscribed their names to it4 ,sidenote3 ,the ,fundamental ,orders of ,connecticut 7#afci74 ,the first written constitution known to history was that by which the republic of ,connecticut was organized in #afci4 ,at first the affairs of the ,connecticut settlements had been directed by a commission appointed by the ,general ,court of ,massachusetts1 but on the #adth of ,january1 #afci1 all the freemen of the three river towns--,windsor1 ,hartford1 and ,wethersfield--assembled at ,hartford1 and drew up a written constitution1 consisting of eleven articles1 in which the frame of government then and there adopted was distinctly described4 ,this document1 known as the ,fundamental ,orders of ,connecticut1 created the government under which the people of ,connecticut lived for nearly two centuries before they deemed it necessary to amend it4 ,the charter granted to ,connecticut by ,charles ,,ii4 in #affb was simply a royal recognition of the government actually in operation since the adoption of the ,fundamental ,orders4 ,sidenote3 ,germinal development of the colonial charter toward the modern state constitution4 ,in those colonies which had charters these documents served1 to a certain extent1 the purposes of a written constitution4 ,they limited the legislative powers of the colonial assemblies4 ,the question sometimes came up as to whether some statute made by the assembly was not in excess of the powers conferred by the charter4 ,this question usually arose in connection with some particular law case1 and thus came before the courts for settlement1--first before the courts of the colony2 afterwards it might sometimes be carried on appeal before the ,privy ,council in ,england4 ,if the court decided that the statute was in transgression of the charter1 the statute was thereby annulled4#f ,the colonial legislature1 therefore1 was not a supreme body1 even within the colony2 its authority was restricted by the terms of the charter4 ,thus the ,americans1 for more than a century before the ,revolution1 were familiarized with the idea of a legislature as a representative body acting within certain limits prescribed by a written document4 ,they had no knowledge or experience of a supreme legislative body1 such as the ,house of ,commons has become since the founders of ,american states left ,england4 ,at the time of the ,revolution1 when the several states framed new governments1 they simply put a written constitution into the position of supremacy formerly occupied by the charter4 ,instead of a document expressed in terms of a royal grant1 they adopted a document expressed in terms of a popular edict4 ,to this the legislature must conform2 and people were already somewhat familiar with the method of testing the constitutionality of a law by getting the matter brought before the courts4 ,the mental habit thus generated was probably more important than any other single circumstance in enabling our ,federal ,union to be formed4 ,without it1 indeed1 it would have been impossible to form a durable union4 ,footnote #f3 ,bryce1 ,american ,commonwealth1 vol4 i4 pp4 #bdc1 #dae4 ,sidenote3 ,abnormal development of the state constitution1 encroaching upon the province of the legislature4 ,sidenote3 ,the ,swiss ,referendum #aif ,before pursuing this subject1 we may observe that ,american state constitutions have altered very much in character since the first part of the present century4 ,the earlier constitutions were confined to a general outline of the organization of the government4 ,they did not undertake to make the laws1 but to prescribe the conditions under which laws might be made and executed4 ,recent state constitutions enter more and more boldly upon the general work of legislation4 ,for example1 in some states they specify what kinds of property shall be exempt from seizure for debt1 they make regulations as to railroad freight-charges1 they prescribe sundry details of practice in the courts1 or they forbid the sale of intoxicating liquors4 ,until recently such subjects would have been left to the legislatures1 no one would have thought of putting them into a constitution4 ,the motive in so doing is a wish to put certain laws into such a shape that it will be difficult to repeal them4 ,what a legislature sees fit to enact this year it may see fit to repeal next year4 ,but amending a state constitution is a slow and cumbrous process4 ,an amendment may be originated in the legislature1 where it must secure more than a mere majority--perhaps a three fifths or two thirds vote--in order to pass2 in some states it must be adopted by two successive legislatures1 perhaps by two thirds of one and three fourths of the next2 in some states not more than one amendment can be brought before the same legislature2 in some it is provided that amendments must not be submitted to the people oftener than once in five years2 and so on4 ,after the amendment has at length made its way through the legislature1 it must be ratified by a vote of the people at the next general election4 ,another way to get a constitution amended is to call a convention for that purpose4 ,in order to call a convention1 it is usually necessary to obtain a two thirds vote in the legislature2 but in some states the legislature is required at stated intervals to submit to the people the question of holding such a convention1 as in ,new ,hampshire every seven years2 in ,iowa1 every ten years2 in ,michigan1 every sixteen years2 in ,new ,york1 ,ohio1 ,maryland1 and ,virginia1 every twenty years4#g ,a convention is a representative body elected by the people to meet at some specified time and place for some specified purpose1 and its existence ends with the accomplishment of that purpose4 ,it is in this occasional character that the convention differs from an ordinary legislative assembly4 ,with such elaborate checks against hasty action1 it is to be presumed that if a law can be once embodied in a state constitution1 it will be likely to have some permanence4 ,moreover1 a direct vote by the people gives a weightier sanction to a law than a vote in the legislature4 ,there is also1 no doubt1 a disposition to distrust legislatures and in some measure do their work for them by direct popular enactment4 ,for such reasons some recent state constitutions have come almost to resemble bodies of statutes4 ,mr4 ,woodrow ,wilson suggestively compares this kind of popular legislation with the ,swiss practice known as the ,referendum2 in most of the ,swiss cantons an important act of the legislature does not acquire the force of law until it has been referred to the people and voted on by them4 ,the objections to the1 referendum1 says ,mr4 ,wilson1 are1 of course1 that it assumes a discriminating judgment and a fullness of information on the part of the people touching questions of public policy which they do not often possess1 and that it lowers the sense of responsibility on the part of legislators4 #h ,another serious objection to our recent practice is that it tends to confuse the very valuable distinction between a constitution and a body of statutes1 to necessitate a frequent revision of constitutions1 and to increase the cumbrousness of law-making4 ,it would1 however1 be premature at the present time to pronounce confidently upon a practice of such recent origin4 ,it is clear that its tendency is extremely democratic1 and that it implies a high standard of general intelligence and independence among the people4 ,if the evils of the practice are found to outweigh its benefits1 it will doubtless fall into disfavour4 ,footnote #g3 ,see ,henry ,hitchcock's admirable monograph1 ,american ,state ,constitutions1 p4 #ai4 ,footnote #h3 ,wilson4 ,the ,state1 p4 #dij4 ,,questions ,,on ,,the ,,text4 ,what is to be said with regard to the following topics8 ,i4 ,a power above the legislature3-- a4 ,the constitution4 b4 ,the relation of the courts to laws that violate the constitution4 c4 ,the importance of this relation4 d4 ,the ,american origin of the written constitution4 #b4 ,the germs of the idea of a written constitution3-- a4 ,the theory of a social contract4 b4 ,the objection to this theory4 c4 ,roman origin of the idea of contract4 #c4 ,medival charters3-- a4 ,the charter of a town4 b4 ,the word charter4 c4 ,magna ,charta4 d4 ,the difference between a charter and a constitution4 e4 ,the form of ,magna ,charta as contrasted with its essential nature4 #d4 ,documents somewhat resembling written constitutions3-- a4 ,the ,declaration of ,rights4 b4 ,the ,bill of ,rights4 #e4 ,the foreshadowing of the ,american idea of written constitutions3-- a4 ,two conditions especially notable in ,england in the seventeenth century4 b4 ,the influence of these conditions on popular views of government4 c4 ,the ,instrument of ,government4 d4 ,sir ,harry ,vane's proposition4 e4 ,why allude to ,vane's scheme when nothing came of it8 #f4 ,early suggestions of written constitutions in ,america3-- a4 ,the compact on the ,mayflower4 b4 ,wherein the compact fell short of a written constitution4 c4 ,the ,fundamental ,orders of ,connecticut4 #g4 ,the development of the colonial charter into a written constitution3-- a4 ,the limitation of the powers of colonial assemblies4 b4 ,the decision of questions relating to the transgression of a charter by a colonial legislature4 c4 ,the colonial assembly as contrasted with the ,house of ,commons4 d4 ,the difference between the written constitution and the charter for which it was substituted4 e4 ,the readiness of the people to adopt written constitutions4 #h4 ,the extensive development of the written constitution in some states3-- a4 ,the simplicity of the earlier constitutions4 b4 ,illustrations of the legislative tendencies of later constitutions4 c4 ,the motive for such extension of a constitution4 d4 ,the difficulty of amending a constitution4 e4 ,the legislative method of amendment4 f4 ,the convention method of amendment4 g4 ,the presumed advantage of embodying laws in the constitution4 h4 ,a comparison with the ,swiss ,referendum4 i4 ,objections to the ,swiss ,referendum4 j4 ,other objections to the practice of putting laws into the constitution4 ,,suggestive ,,questions ,,and ,,directions4 #a4 ,do you belong to any society that has a constitution8 ,has the society rules apart from the constitution8 ,which may be changed the more readily8 ,why not put all the rules into the constitution8 #b4 ,read the constitution of your state in part or in full4 ,give some account of its principal divisions1 of the topics it deals with1 and its magnitude or fullness4 ,are there any amendments8 ,if so1 mention two or three1 and give the reasons for their adoption4 ,is there any declaration of rights in it8 ,if so1 what are some of the rights declared1 and whose are they said to be8 #c4 ,where is the original of your state constitution kept8 ,what sort of looking document do you suppose it to be8 ,where would you look for a copy of it8 ,if a question arises in any court about the interpretation of the constitution1 must the original be produced to settle the wording of the document8 #d4 ,has any effort been made in your state to put into the constitution matters that have previously been subjects of legislative action8 ,if so1 give an account of the effort1 and the public attitude towards it4 #e4 ,which is preferable1--a constitution that commands the approval of the people as a whole or that which has the support of a dominant political party only8 #f4 ,suppose it is your personal conviction that a law is unconstitutional1 may you disregard it8 ,what consequences might ensue from such disregard8 #g4 ,may people honestly and amicably differ about the interpretation of the constitution or of a law1 in a particular case8 ,if important interests are dependent on the interpretation1 how can the true one be found out8 ,does a lawyer's opinion settle the interpretation8 ,what value has such an opinion8 ,where must people go for authoritative and final interpretations of the laws8 ,can they get such interpretations by simply asking for them8 #h4 ,the constitution of ,new ,hampshire provides that when the governor cannot discharge the duties of his office1 the president of the senate shall assume them4 ,during the severe sickness of a governor recently1 the president of the senate hesitated to act in his stead2 it was not clear that the situation was grave enough to warrant such a course4 ,accordingly the attorney-general of the state brought an action against the president of the senate for not doing his duty2 the court considered the situation1 decided against the president of the senate1 and ordered him to become acting governor4 ,why was this suit necessary8 ,was it conducted in a hostile spirit8 ,wherein did the decision help the state8 ,wherein did it help the defendant8 ,wherein may it possibly prove helpful in the future history of the state8 #i4 ,mention particular things that the governor1 the legislature1 and the judiciary of your state have done or may do4 ,then find the section or clause or wording in your state constitution that gives authority for each of these things4 ,for example1 read the particular part that authorizes your legislature3-- a4 ,to incorporate a city4 b4 ,to compel children to attend school4 c4 ,to buy uniforms for a regiment of soldiers4 d4 ,to establish a death penalty4 e4 ,to send a committee abroad to study a system of waterworks4 #aj4 ,trace the authority of a school-teacher1 a policeman1 a selectman1 a mayor1 or of any public officer1 back to some part of your constitution4 #aa4 ,mention any parts of your constitution that seem general and somewhat indefinite1 and that admit1 therefore1 of much freedom in interpretation4 #ab4 ,show how the people are1 in one aspect1 subordinate to the constitution2 in another1 superior to it4 ,,bibliographical ,,note4 ,written ,constitutions4--,very little has been written or published with reference to the history of the development of the idea of a written constitution4 ,the student will find some suggestive hints in ,hannis ,taylor's ,origin and ,growth of the ,english ,constitution1 vol4 i1 ,boston1 #ahhi4 ,see ,henry ,hitchcock's ,american ,state ,constitutions2 a ,study of their ,growth1 ,n4,y41 #ahhg1 a learned and valuable essay4 ,see also ,j4,h4,u4 ,studies1 ,i41 xi41 ,alexander ,johnston1 ,the ,genesis of a ,new ,england ,state 7,connecticut72 ,,iii41 ix4-x41 ,horace ,davis1 ,american ,constitutions2 also ,preston's ,documents ,illustrative of ,american ,history1 #afjf-ahfc1 ,n4,y41 #ahhf2 ,stubbs1 ,select ,charters and other ,illustrations of ,english ,constitutional ,history1 ,oxford1 #ahgj2 ,gardiner's ,constitutional ,documents of the ,puritan ,revolution1 ,oxford1 #ahhh4 ,,chapter ,,viii4 ,,the ,,federal ,,union4 ,section #a4 ,origin of the ,federal ,union4 ,having now sketched the origin and nature of written constitutions1 we are prepared to understand how by means of such a document the government of our ,federal ,union was called into existence4 ,we have already described so much of the civil government in operation in the ,united ,states that this account can be made much more concise than if we had started at the top instead of the bottom and begun to portray our national government before saying a word about states and counties and towns4 ,bit by bit the general theory of ,american self-government has already been set before the reader4 ,we have now to observe1 in conclusion1 what a magnificent piece of constructive work has been performed in accordance with that general theory4 ,we have to observe the building up of a vast empire out of strictly self-governing elements4 ,sidenote3 ,english institutions in all the colonies4 ,there was always one important circumstance in favour of the union of the thirteen ,american colonies into a federal nation4 ,the inhabitants were all substantially one people4 ,it is true that in some of the colonies there were a good many persons not of ,english ancestry1 but the ,english type absorbed and assimilated everything else4 ,all spoke the ,english language1 all had ,english institutions4 ,except the development of the written constitution1 every bit of civil government described in the preceding pages came to ,america directly from ,england1 and not a bit of it from any other country1 unless by being first filtered through ,england4 ,our institutions were as ,english as our speech4 ,it was therefore comparatively easy for people in one colony to understand people in another1 not only as to their words but as to their political ideas4 ,moreover1 during the first half of the eighteenth century1 the common danger from the aggressive ,french enemy on the north and west went far toward awakening in the thirteen colonies a common interest4 ,and after the ,french enemy had been removed1 the assertion by parliament of its alleged right to tax the ,americans threatened all the thirteen legislatures at once1 and thus in fact drove the colonies into a kind of federal union4 ,sidenote3 ,the ,new ,england confederacy 7#afdc-hd74 ,sidenote3 ,albany ,congress7#aged74 ,sidenote3 ,stamp ,act ,congress 7#agfe74 ,confederations among states have generally owed their origin1 in the first instance1 to military necessities4 ,the earliest league in ,america1 among white people at least1 was the confederacy of ,new ,england colonies formed in #afdc1 chiefly for defence against the ,indians4 ,it was finally dissolved amid the troubles of #afhd1 when the first government of ,massachusetts was overthrown4 ,along the ,atlantic coast the northern and the southern colonies were for some time distinct groups1 separated by the unsettled portion of the central zone4 ,the settlement of ,pennsylvania1 beginning in #afha1 filled this gap and made the colonies continuous from the ,french frontier of ,canada to the ,spanish frontier of ,florida4 ,the danger from ,france began to be clearly apprehended after #afhi1 and in #afih one of the earliest plans of union was proposed by ,william ,penn4 ,in #aged1 just as the final struggle with ,france was about to begin1 there came ,franklin's famous plan for a permanent federal union2 and this plan was laid before a congress assembled at ,albany for renewing the alliances with the ,six ,nations4#a ,only seven colonies were represented in this congress4 ,observe the word congress4 ,if it had been a legislative body it would more likely have been called a parliament4 ,but of course it was nothing of the sort4 ,it was a diplomatic body1 composed of delegates representing state governments1 like ,european congresses1--like the ,congress of ,berlin1 for example1 which tried to adjust the ,eastern ,question in #ahgh4 ,eleven years after the ,albany ,congress1 upon the news that parliament had passed the ,stamp ,act1 a congress of nine colonies assembled at ,new ,york in ,october1 #agfe1 to take action thereon4 ,footnote #a3 ,franklin's plan was afterward submitted to the several legislatures of the colonies1 and was everywhere rejected because the need for union was nowhere strongly felt by the people4 ,sidenote3 ,committees of ,correspondence 7#aggb-ge74 ,nine years elapsed without another congress4 ,meanwhile the political excitement1 with occasional lulls1 went on increasing1 and some sort of cooperation between the colonial governments became habitual4 ,in #agfh1 after parliament had passed the ,townshend revenue acts1 there was no congress1 but ,massachusetts sent a circular letter to the other colonies1 inviting them to cooperate in measures of resistance1 and the other colonies responded favourably4 ,in #aggb1 as we have seen1 committees of correspondence between the towns of ,massachusetts acted as a sort of provisional government for the commonwealth4 ,in #aggc ,dabney ,carr1 of ,virginia1 enlarged upon this idea1 and committees of correspondence were forthwith instituted between the several colonies4 ,thus the habit of acting in concert began to be formed4 ,in #aggd1 after parliament had passed an act overthrowing the government of ,massachusetts1 along with other offensive measures1 a congress assembled in ,september at ,philadelphia1 the city most centrally situated as well as the largest4 ,if the remonstrances adopted at this congress had been heeded by the ,british government1 and peace had followed1 this congress would probably have been as temporary an affair as its predecessors2 people would probably have waited until overtaken by some other emergency4 ,but inasmuch as war followed1 the congress assembled again in ,may1 #agge1 and thereafter became practically a permanent institution until it died of old age with the year #aghh4 ,sidenote3 ,continental ,congress 7#aggd-aghi74 ,this congress was called continental to distinguish it from the provincial congresses held in several of the colonies at about the same time4 ,the thirteen colonies were indeed but a narrow strip on the edge of a vast and in large part unexplored continent1 but the word continental was convenient for distinguishing between the whole confederacy and its several members4 ,sidenote3 ,the several states were never at any time sovereign states4 ,sidenote3 ,the ,articles of ,confederation ,the ,continental ,congress began to exercise a certain amount of directive authority from the time of its first meeting in #aggd4 ,such authority as it had arose simply from the fact that it represented an agreement on the part of the several governments to pursue a certain line of policy4 ,it was a diplomatic and executive1 but scarcely yet a legislative body4 ,nevertheless it was the visible symbol of a kind of union between the states4 ,there never was a time when any one of the original states exercised singly the full powers of sovereignty4 ,not one of them was ever a small sovereign state like ,denmark or ,portugal4 ,as they acted together under the common direction of the ,british government in #agei1 the year of ,quebec1 so they acted together under the common direction of that revolutionary body1 the ,continental ,congress1 in #agge1 the year of ,bunker ,hill4 ,in that year a continental army was organized in the name of the ,united ,colonies4 ,in the following year1 when independence was declared1 it was done by the concerted action of all the colonies2 and at the same time a committee was appointed by ,congress to draw up a written constitution4 ,this constitution1 known as the ,articles or ,confederation1 was submitted to ,congress in the autumn of #aggg1 and was sent to the several states to be ratified4 ,a unanimous ratification was necessary1 and it was not until ,march #agha1 that unanimity was secured and the articles adopted4 ,meanwhile the ,revolutionary ,war had advanced into its last stages1 having been carried on from the outset under the general direction of the ,continental ,congress4 ,when reading about this period of our history1 the student must be careful not to be misled by the name congress into reasoning as if there were any resemblance whatever between that body and the congress which was created by our ,federal ,constitution4 ,the ,continental ,congress was not the parent of our ,federal ,congress2 the former died without offspring1 and the latter had a very different origin1 as we shall soon see4 ,the former simply bequeathed to the latter a name1 that was all4 ,sidenote3 ,nature and powers of the ,continental ,congress ,the ,continental ,congress was an assembly of delegates from the thirteen states1 which from #aggd to #aghc held its sessions at ,philadelphia4#b ,it owned no federal property1 not even the house in which it assembled1 and after it had been turned out of doors by a mob of drunken soldiers in ,june1 #aghc1 it flitted about from place to place1 sitting now at ,trenton1 now at ,annapolis1 and finally at ,new ,york4#c ,each state sent to it as many delegates as it chose1 though after the adoption of the articles no state could send less than two or more than seven4 ,each state had one vote1 and it took nine votes1 or two thirds of the whole1 to carry any measure of importance4 ,one of the delegates was chosen president or chairman of the congress1 and this position was one of great dignity and considerable influence1 but it was not essentially different from the position1 of any of the other delegates4 ,there were no distinct executive officers4 ,important executive matters were at first assigned to committees1 such as the ,finance ,committee and the ,board of ,war1 though at the most trying time the finance committee was a committee of one1 in the person of ,robert ,morris1 who was commonly called the ,financier4 ,the work of the finance committee was chiefly trying to solve the problem of paying bills without spending money1 for there was seldom any money to spend4 ,congress could not tax the people or recruit the army4 ,when it wanted money or troops1 it could only ask the state governments for them2 and generally it got from a fifth to a fourth part of the troops needed1 but of money a far smaller proportion4 ,sometimes it borrowed money from ,holland or ,france1 but often its only resource was to issue paper promises to pay1 or the so-called ,continental paper money4 ,there were no federal courts1#d nor marshals to execute federal decrees4 ,congress might issue orders1 but it had no means of compelling obedience4 ,footnote #b3 ,except for a few days in ,december1 #aggf1 when it fled to ,baltimore2 and again from ,september1 #aggg1 to ,june1 #aggh1 when ,philadelphia was in possession of the ,british2 during that interval ,congress held its meetings at ,york in ,pennsylvania4 ,footnote #c3 ,see my ,critical ,period of ,american ,history1 pp4 #aab1 #bga1 #cjf ,footnote #e3 ,except the ,court of ,appeals in ,cases of ,capture1 for an admirable account of which see ,jameson's ,essays in the ,constitutional ,history of the ,united ,states1 pp4 #a-de4 ,sidenote3 ,it was not fully endowed with sovereignty4 ,the ,continental ,congress was therefore not in the full sense a sovereign body4 ,a government is not really a government until it can impose taxes and thus command the money needful for keeping it in existence4 ,nevertheless the ,congress exercised some of the most indisputable functions of sovereignty4 ,it declared the independence of the ,united ,states2 it contracted an offensive and defensive alliance with ,france2 it raised and organized a ,continental army2 it borrowed large sums of money1 and pledged what the lenders understood to be the national credit for their repayment2 it issued an inconvertible paper currency1 granted letters of marque1 and built a navy4 #f ,finally it ratified a treaty of peace with ,great ,britain4 ,so that the ,congress was really1 in many respects1 and in the eyes of the world at large1 a sovereign body4 ,time soon showed that the continued exercise of such powers was not compatible with the absence of the power to tax the people4 ,in truth the situation of the ,continental ,congress was an illogical situation4 ,in the effort of throwing off the sovereignty of ,great ,britain1 the people of these states were constructing a federal union faster than they realized4 ,their theory of the situation did not keep pace with the facts1 and their first attempt to embody their theory1 in the ,articles of ,confederation1 was not unnaturally a failure4 ,footnote #f3 ,critical ,period1 p4 #ic4 ,sidenote3 ,decline of the ,continental ,congress4 ,at first the powers of the ,congress were vague4 ,they were what are called implied war powers2 that is to say1 the ,congress had a war with ,great ,britain on its hands1 and must be supposed to have power to do whatever was necessary to bring the war to a successful conclusion4 ,at first1 too1 when it had only begun to issue paper money1 there was a momentary feeling of prosperity4 ,military success added to its appearance of strength1 and the reputation of the ,congress reached its high water mark early in #aggh1 after the capture of ,burgoyne's army and the making of the alliance with ,france4 ,after that time1 with the weary prolonging of the war1 the increase of the public debt1 and the collapse of the paper currency1 its reputation steadily declined4 ,there was also much work to be done in reorganizing the state governments1 and this kept at home in the state legislatures many of the ablest men who would otherwise have been sent to the ,congress4 ,thus in point of intellectual capacity the latter body was distinctly inferior in #aghc to what it had been when first assembled nine years earlier4 ,sidenote3 ,anarchical tendencies4 ,the arrival of peace did not help the ,congress1 but made matters worse4 ,when the absolute necessity of presenting a united front to the common enemy was removed1 the weakness of the union was shown in many ways that were alarming4 ,the sentiment of union was weak4 ,in spite of the community in language and institutions1 which was so favourable to union1 the people of the several states had many local prejudices which tended to destroy the union in its infancy4 ,a man was quicker to remember that he was a ,new ,yorker or a ,massachusetts man than that he was an ,american and a citizen of the ,united ,states4 ,neighbouring states levied custom-house duties against one another1 or refused to admit into their markets each other's produce1 or had quarrels about boundaries which went to the verge of war4 ,things grew worse every year until by the autumn of #aghf1 when the ,congress was quite bankrupt and most of the states nearly so1 when threats of secession were heard both in ,new ,england and in the ,south1 when there were riots in several states and ,massachusetts was engaged in suppressing armed rebellion1 when people in ,europe were beginning to ask whether we were more likely to be seized upon by ,france or reconquered piecemeal by ,great ,britain1 it came to be thought necessary to make some kind of a change4 ,sidenote3 ,the ,federal ,convention 7#aghg74 ,men were most unwillingly brought to this conclusion1 because they were used to their state assemblies and not afraid of them1 but they were afraid of increasing the powers of any government superior to the states1 lest they should thus create an unmanageable tyranny4 ,they believed that even anarchy1 though a dreadful evil1 is not so dreadful as despotism1 and for this view there is much to be said4 ,after no end of trouble a convention was at length got together at ,philadelphia in ,may1 #aghg1 and after four months of work with closed doors1 it was able to offer to the country the new ,federal ,constitution4 ,both in its character and in the work which ,it did1 this ,federal ,convention1 over which ,washington presided1 and of which ,franklin1 ,madison1 and ,hamilton were members1 was one of the most remarkable deliberative bodies known to history4 ,we have seen that the fundamental weakness of the ,continental ,congress lay in the fact that it could not tax the people4 ,hence although it could for a time exert other high functions of sovereignty1 it could only do so while money was supplied to it from other sources than taxation2 from contributions made by the states in answer to its requisitions1 from foreign loans1 and from a paper currency4 ,but such resources could not last long4 ,it was like a man's trying to live upon his own promissory notes and upon gifts and unsecured loans from his friends4 ,when the supply of money was exhausted1 the ,congress soon found that it could no longer comport itself as a sovereign power2 it could not preserve order at home1 and the situation abroad may be illustrated by the fact that ,george ,,iii4 kept garrisons in several of our northwestern frontier towns and would not send a minister to the ,united ,states4 ,this example shows that1 among the sovereign powers of a government1 the power of taxation is the fundamental one upon which all the others depend4 ,nothing can go on without money4 ,but the people of the several states would never consent to grant the power of taxation1 to such a body as the ,continental ,congress1 in which they were not represented4 ,the ,congress was not a legislature1 but a diplomatic body2 it did not represent the people1 but the state governments2 and a large state like ,pennsylvania had no more weight in it than a little state like ,delaware4 ,if there was to be any central assembly for the whole union1 endowed with the power of taxation1 it must be an assembly representing the ,american people just as the assembly of a single state represented the people of the state4 ,as soon as this point became clear1 it was seen to be necessary to throw the ,articles of ,confederation overboard1 and construct a new national government4 ,as was said above1 our ,federal ,congress is not descended from the ,continental ,congress4 ,its parentage is to be sought in the state legislatures4 ,our federal government was constructed after the general model of the state governments1 with some points copied from ,british usages1 and some points that were original and new4 ,,questions ,,on ,,the ,,text4 #a4 ,what are the reasons for reserving the ,constitution of the ,united ,states for the concluding chapter8 #b4 ,circumstances that favoured union of the colonies3-- a4 ,the origin of their inhabitants4 b4 ,all the details of their civil government4 c4 ,the ease with which they understood one another4 d4 ,their common dangers1 two in particular4 #c4 ,earlier unions among the colonies3-- a4 ,the ,new ,england ,confederacy1--its time1 purpose1 and duration4 b4 ,the ,french danger1 and plans to meet it4 c4 ,the ,albany ,congress1--its nature and immediate purpose4 d4 ,the ,stamp ,act ,congress4 #d4 ,committees of correspondence3-- a4 ,the circular letter of ,massachusetts in #agfh4 b4 ,town committees of correspondence in ,massachusetts in #aggb4 c4 ,colonial committees of correspondence in #aggc4 d4 ,the habit established through these committees4 #e4 ,the ,continental ,congress3-- a4 ,the immediate causes that led to it4 b4 ,how it might have been temporary4 c4 ,how it became permanent4 d4 ,its date1 place of meeting1 and duration4 e4 ,why continental as distinguished from provincial8 f4 ,the nature and extent of its authority4 g4 ,the states represented in it never fully sovereign4 #f4 ,give an account of the ,articles of ,confederation4 #g4 ,distinguish between the ,continental ,congress and the ,federal4 #h4 ,the powers of the ,continental ,congress3-- a4 ,its homelessness and wandering4 b4 ,its delegates and their voting power4 c4 ,its presiding officer4 d4 ,its management of executive matters4 e4 ,the finance committee and its problems4 f4 ,the raising of money4 g4 ,the compelling of obedience4 #i4 ,the ,continental ,congress not a sovereign body3-- a4 ,the nature of real government4 b4 ,some functions of sovereignty exercised by the ,congress4 c4 ,the situation illogical4 #aj4 ,explain the implied war powers of the ,congress4 #aa4 ,when was the ,congress at the height of its reputation1 and why8 #ab4 ,explain the decline in its reputation from #aggh to #aghc4 #ac4 ,the alarming weakness of the union after #aghc3-- a4 ,the effect of peace upon the union4 b4 ,local prejudices4 c4 ,state antagonisms4 d4 ,the gloomy outlook in #aghf4 #ad4 ,the ,federal ,convention in #aghg3-- a4 ,the reluctance to make the change that was felt to be needed4 b4 ,some facts about the ,convention4 c4 ,the character of its delegates4 d4 ,the fundamental weakness of the ,continental ,congress4 e4 ,the fundamental power of a strong government4 f4 ,the objection to granting the power of taxation to the ,continental ,congress4 g4 ,the sort of assembly demanded for exercising the taxing power4 h4 ,the model on which the federal government was built4 ,section #b4 ,the ,federal ,congress4 ,sidenote3 ,the ,house of ,representatives4 ,the federal ,house of ,representatives is descended1 through the state houses of representatives1 from the colonial assemblies4 ,it is an assembly representing the whole population of the country as if it were all in one great state4 ,it is composed of members chosen every other year by the people of the states4 ,persons in any state who are qualified to vote for state representatives are qualified to vote for federal representatives4 ,this arrangement left the power of regulating the suffrage in the hands of the several states1 where it still remains1 save for the restriction imposed in #ahgj for the protection of the southern freedmen4 ,a candidate for election to the ,house of ,representatives must be twenty-five years old1 must have been seven years a citizen of the ,united ,states1 and must be an inhabitant of the state in which he is chosen4 ,sidenote3 ,the three fifths compromise4 ,as the ,federal ,congress is a taxing body1 representatives and direct taxes are apportioned among the several states according to the same rule1 that is1 according to population4 ,at this point a difficulty arose in the ,convention as to whether slaves should be counted as population4 ,if they were to be counted1 the relative weight of the slave states in all matters of national legislation would be much increased4 ,the northern states thought1 with reason1 that it would be unduly increased4 ,the difficulty was adjusted by a compromise according to which five slaves were to be reckoned as three persons4 ,since the abolition of slavery this provision has become obsolete1 but until #ahfj it was a very important factor in ,american history4#g ,in the federal ,house of ,representatives the great states of course have much more weight than the small states4 ,in #agij the four largest states had #cb representatives1 while the other nine had only #cc4 ,the largest state1 ,virginia1 had #aj representatives to #a from ,delaware4 ,these disparities have increased4 ,in #ahhj1 out of thirty-eight states the nine largest had a majority of the house1 and the largest state1 ,new ,york1 had #cd representatives to #a from ,delaware4 ,footnote #g3 ,see my ,critical ,period1 pp4 #beg-bfb4 ,sidenote3 ,the ,connecticut compromise ,this feature of the ,house of ,representatives caused the smaller states in the ,convention to oppose the whole scheme of constructing a new government4 ,they were determined that great and small states should have equal weight in ,congress4 ,their steadfast opposition threatened to ruin everything1 when fortunately a method of compromise was discovered4 ,it was intended that the national legislature1 in imitation of the state legislatures1 should have an upper house or senate2 and at first the advocates of a strong national government proposed that the senate also should represent population1 thus differing from the lower house only in the way in which we have seen that it generally differed in the several states4 ,but it happened that in the state of ,connecticut the custom was peculiar4 ,there it had always been the custom to elect the governor and upper house by a majority vote of the whole people1 while for each township there was an equality of representation ,in the lower house4 ,the ,connecticut delegates in the ,convention1 therefore1 being familiar with a legislature in which the two houses were composed on different principles1 suggested a compromise4 ,let the ,house of ,representatives1 they said1 represent the people1 and let the ,senate represent the states2 let all the states1 great and small1 be represented equally in the federal ,senate4 ,such was the famous ,connecticut ,compromise4 ,without it the ,convention would probably have broken up without accomplishing anything4 ,when it was adopted1 half the work of making the new government was done1 for the small states1 having had their fears thus allayed by the assurance that they were to be equally represented in the ,senate1 no longer opposed the work but cooperated in it most zealously4 ,sidenote3 ,the ,senate ,thus it came to pass that the upper house of our national legislature is composed of two senators from each state4 ,as they represent the state1 they are chosen by its legislature and not by the people2 but when they have taken their seats in the senate they do not vote by states1 like the delegates in the ,continental ,congress4 ,on the contrary each senator has one vote1 and the two senators from the same state may1 and often do1 vote on opposite sides4 ,in accordance with the notion that an upper house should be somewhat less democratic than a lower house1 the term of office for senators was made longer than for representatives4 ,the tendency is to make the ,senate respond more slowly to changes in popular sentiment1 and this is often an advantage4 ,popular opinion is often very wrong at particular moments1 but with time it is apt to correct its mistakes4 ,we are usually in more danger of suffering from hasty legislation than from tardy legislation4 ,senators are chosen for a term of six years1 and one third of the number of terms expire every second year1 so that1 while the whole ,senate may be renewed by the lapse of six years1 there is never a new ,senate4 ,the ,senate has thus a continuous existence and a permanent organization2 whereas each ,house of ,representatives expires at the end of its two years' term1 and is succeeded by a new ,house1 which requires to be organized by electing its officers1 etc41 before proceeding to business4 ,a candidate for the senatorship must have reached the age of thirty1 must have been nine years a citizen of the ,united ,states1 and must be an inhabitant of the state which he represents4 ,the constitution leaves the times1 places1 and manner of holding elections for senators and representatives to be prescribed in each state by its own legislature2 but it gives to ,congress the power to alter such regulations1 except as to the place of choosing senators4 ,here we see a vestige of the original theory according to which the ,senate was to be peculiarly the home of state rights4 ,sidenote3 ,electoral districts4 ,sidenote3 ,gerrymandering4 ,in the composition of the ,house of ,representatives the state legislatures play a very important part4 ,for the purposes of the election a state is divided into districts corresponding to the number of representatives the state is entitled to send to ,congress4 ,these electoral districts are marked out by the legislature1 and the division is apt to be made by the preponderating party with an unfairness that is at once shameful and ridiculous4 ,the aim1 of course1 is so to lay out the districts as to secure in the greatest possible number of them a majority for the party which conducts the operation4 ,this is done sometimes by throwing the greatest possible number of hostile voters into a district which is anyhow certain to be hostile1 sometimes by adding to a district where parties are equally divided some place in which the majority of friendly voters is sufficient to turn the scale4 ,there is a district in ,mississippi 7the so-called ,shoe ,string district7 #bej miles long by #cj broad1 and another in ,pennsylvania resembling a dumb-bell4444 ,in ,missouri a district has been contrived longer1 if measured along its windings1 than the state itself1 into which as large a number as possible of the negro voters have been thrown4#h ,this trick is called gerrymandering1 from ,elbridge ,gerry1 of ,massachusetts1 who was vice-president of the ,united ,states from #ahac to #ahag4 ,it seems to have been first devised in #aghh by the enemies of the ,federal ,constitution in ,virginia1 in order to prevent the election of ,james ,madison to the first ,congress1 and fortunately it was unsuccessful4#i ,it was introduced some years afterward into ,massachusetts4 ,in #ahab1 while ,gerry was governor of that state1 the ,republican legislature redistributed the districts in such wise that the shapes of the towns forming a single district in ,essex county gave to the district a somewhat dragon-like contour4 ,this was indicated upon a map of ,massachusetts which ,benjamin ,russell1 an ardent ,federalist and editor of the ,centinel1 hung up over the desk in his office4 ,the celebrated painter1 ,gilbert ,stuart1 coming into the office one day and observing the uncouth figure1 added with his pencil a head1 wings1 and claws1 and exclaimed1 ,that will do for a salamander6 ,better say a ,gerrymander6 growled the editor2 and the outlandish1 name1 thus duly coined1 soon came into general currency4 ,illustration ,footnote #h3 ,tyler's ,patrick ,henry1 p4 #cac4 ,footnote #i3 ,winsor's ,memorial ,history of ,boston1 vol4 iii4 p4 #bab2 see also ,bryce1 loc4 cit4 ,the word is sometimes incorrectly pronounced jerrymander4 ,mr4 ,winsor observes that the back line of the creature's body forms a profile caricature of ,gerry's face1 with the nose at ,middleton4 ,sidenote3 ,the election their at large4 ,when after an increase in its number of representatives the state has failed to redistribute its districts1 the additional member or members are voted for upon a general state ticket1 and are called representatives at large4 ,in ,maine1 where the census of #ahhj had reduced the number of representatives and there was some delay in the redistribution1 ,congress allowed the ,state in #ahhb to elect all its representatives upon a general ticket4 ,the advantage of the district system is that the candidates are likely to be better known by neighbours1 but the election at large is perhaps more likely to secure able men4#aj ,it is the ,american custom to nominate only residents of the district as candidates for the ,house of ,representatives4 ,a citizen of ,albany1 for example1 would not be nominated for the district in which ,buffalo is situated4 ,in the ,british practice1 on the other hand1 if an eminent man cannot get a nomination in his own county or borough1 there is nothing to prevent his standing for any other county or borough4 ,this system seems more favourable to the independence of the legislator than our system4 ,some of its advantages are obtained by the election at large4 ,footnote #aj3 ,the difference is similar to the difference between the ,french scrutin d'arrondissement and scrutin de liste4 ,sidenote3 ,time of assembling4 ,congress must assemble at least once in every year1 and the constitution appoints the first ,monday in ,december for the time of meeting2 but ,congress can1 if worth while1 enact a law changing the time4 ,the established custom is to hold the election for representatives upon the same day as the election for president1 the ,tuesday after the first ,monday in ,november4 ,as the period of the new administration does not begin until the fourth day of the following ,march1 the new ,house of ,representatives does not assemble until the ,december following that date1 unless the new president should at some earlier moment summon an extra session of ,congress4 ,it thus happens that ordinarily the representatives of the nation do not meet for more than a year after their election2 and as their business is at least to give legislative expression to the popular opinion which elected them1 the delay is in this instance regarded by many persons as inconvenient and injudicious4 ,each house is judge of the elections1 qualifications1 and returns of its own members2 determines its own rules of procedure1 and may punish its members for disorderly behaviour1 or by a two thirds vote expel a member4 ,absent members may be compelled under penalties to attend4 ,each house is required to keep a journal of its proceedings and at proper intervals to publish it1 except such parts as for reasons of public policy had better be kept secret4 ,at the request of one fifth of the members present1 the yeas and nays must be entered on the journal4 ,during the session of ,congress neither house may1 without consent of the other1 adjourn for more than three days1 or to any other place than that in which ,congress is sitting4 ,sidenote3 ,privileges of members4 ,senators and representatives receive a salary fixed by law1 and as they are federal functionaries they are paid from the federal treasury4 ,in all cases1 except treason or felony or breach of the peace1 they are privileged from arrest during their attendance in ,congress1 as also while on their way to it and while returning home2 and for any speech or debate in either house they shall not be questioned in any other place4 ,these provisions are reminiscences of the evil days when the king strove to interfere1 by fair means or foul1 with free speech in parliament2 and they are important enough to be incorporated in the supreme law of the land4 ,no person can at the same time hold any civil office under the ,united ,states government and be a member of either house of ,congress4 ,sidenote3 ,the ,speaker4 ,the vice-president is the presiding officer of the ,senate1 with power to vote only in case of a tie4 ,the ,house of ,representatives elects its presiding officer1 who is called the ,speaker4 ,in the early history of the ,house of ,commons1 its presiding officer was naturally enough its spokesman4 ,he could speak for it in addressing the crown4 ,henry of ,keighley thus addressed the crown in #acja1 and there were other instances during that century1 until in #acgf the title of ,speaker was definitely given to ,sir ,thomas ,hungerford1 and from that date the list is unbroken4 ,the title was given to the presiding officers of the ,american colonial assemblies1 and thence it passed on to the state and federal legislatures4 ,the ,speaker presides over the debates1 puts the question1 and decides points of order4 ,he also appoints the committees of the ,house of ,representatives1 and as the initiatory work in our legislation is now so largely done by the committees1 this makes him the most powerful officer of the government except the ,president4 ,sidenote3 ,impeachment in ,england ,the provisions for impeachment of public officers are copied from the custom in ,england4 ,since the fourteenth century the ,house of ,commons has occasionally exercised the power of impeaching the king's ministers and other high public officers1 and although the power was not used during the sixteenth century it was afterward revived and conclusively established4 ,in #agja it was enacted that the royal pardon could not be pleaded against an impeachment1 and this act finally secured the responsibility of the king's ministers to ,parliament4 ,an impeachment is a kind of accusation or indictment brought against a public officer by the ,house of ,commons4 ,the court in which the case is tried is the ,house of ,lords1 and the ordinary rules of judicial procedure are followed4 ,the regular president of the ,house of ,lords is the ,lord ,chancellor1 who is the highest judicial officer in the kingdom4 ,a simple majority vote secures conviction1 and then it is left for the ,house of ,commons to say whether judgment shall be pronounced or not4 ,sidenote3 ,impeachment in the ,united ,states4 ,in the ,united ,states the ,house of ,representatives has the sole power of impeachment1 and the ,senate has the sole power to try all impeachments4 ,when the president of the ,united ,states is tried1 the chief-justice must preside4 ,as a precaution against the use of impeachment for party purposes1 a two thirds vote is required for conviction2 and this precaution proved effectual 7fortunately1 as most persons now admit7 in the famous case of ,president ,johnson in #ahfh4 ,in case of conviction the judgment cannot extend further than to removal from office1 and disqualification to hold and enjoy any office of honour1 trust1 or profit under the ,united ,states2 but the person convicted is liable afterward to be tried and punished by the ordinary process of law4 ,sidenote3 ,veto power of the president ,the provisions of the ,constitution for legislation are admirably simple4 ,all bills for raising revenue must originate in the lower house1 but the upper house may propose or concur with amendments1 as on other bills4 ,this provision was inherited from ,parliament1 through the colonial legislatures4 ,after a bill has passed both houses it must be sent to the president for approval4 ,if he approves it1 he signs it2 if not1 he returns it to the house in which it originated1 with a written statement of his objections1 and this statement must be entered in full upon the journal of the house4 ,the bill is then reconsidered1 and if it obtains a two thirds vote1 it is sent1 together with the objections1 to the other house4 ,if it there likewise obtains a two thirds vote1 it becomes a law1 in spite of the objections4 ,otherwise it fails4 ,if the president keeps a bill longer than ten days 7,sundays excepted7 without signing it1 it becomes a law without his signature2 unless ,congress adjourns before the expiration of the ten days1 in which case it fails to become a law1 just as if it had been vetoed4 ,this method of vetoing a bill just before the expiration of a ,congress1 by keeping it in one's pocket1 so to speak1 was dubbed a pocket veto1 and was first employed by ,president ,jackson in #ahbi4 ,the president's veto power is a qualified form of that which formerly belonged to the ,english sovereign but has now1 as already observed1 become practically obsolete4 ,as a means of guarding the country against unwise legislation1 it has proved to be one of the most valuable features of our ,federal ,constitution4 ,in bad hands it cannot do much harm1 it can only delay for a short time a needed law4 ,but when properly used it can save the country from1 laws that if once enacted would sow seeds of disaster very hard to eradicate2 and it has repeatedly done so4 ,a single man will often act intelligently where a group of men act foolishly1 and1 as already observed1 he is apt to have a keener sense of responsibility4 ,,questions ,,on ,,the ,,text4 ,what is to be said with regard to the following topics8 #a4 ,the ,house of ,representatives3-- a4 ,its relation to the people4 b4 ,the term of service4 c4 ,qualifications of those who may vote for representatives4 d4 ,qualifications for membership4 e4 ,the three fifths compromise4 #b4 ,the ,connecticut ,compromise4 a4 ,the powers of the different states in the ,house4 b4 ,opposition to the scheme of a new government4 c4 ,what the advocates of a strong government wanted the ,senate to represent4 d4 ,a peculiar ,connecticut system4 e4 ,the suggestion of the ,connecticut delegates4 f4 ,the effect of the compromise4 #c4 ,the ,senate3-- a4 ,the number of senators4 b4 ,the method of electing senators4 c4 ,the voting of senators4 d4 ,the term of service4 e4 ,the maintenance of a continuous existence4 f4 ,a comparison with the ,house in respect to nearness to the people4 g4 ,qualifications for membership4 #d4 ,elections for senators and representatives3-- a4 ,times1 places1 and manner of holding elections4 b4 ,the power of ,congress over state regulations4 c4 ,electoral districts4 d4 ,the temptation to unfairness in laying out electoral districts4 e4 ,illustrations of unfair divisions4 f4 ,gerrymandering4 g4 ,representatives at large4 h4 ,the advantage of the district system4 i4 ,the ,british system and its advantage4 #e4 ,the assembling of ,congress3-- a4 ,the time of assembling4 b4 ,the interval between a member's election and the beginning of his service4 c4 ,the disadvantage of this long interval4 #f4 ,what is the duty of each house in respect 7#a7 to its membership1 7#b7 its rules1 7#c7 its records1 and 7#d7 its adjournment4 #g4 ,give an account 7#a7 of the pay of a congressman1 7#b7 of his freedom from arrest1 7#c7 of his responsibility for words spoken in debate1 and 7#d7 of his right to hold other office4 #h4 ,tell 7#a7 who preside in ,congress1 7#b7 how the name speaker originated1 7#c7 what the speaker's duties are1 and 7#d7 what his power in the government is4 #i4 ,impeachment of public officers3-- a4 ,old ,english usage4 b4 ,the conduct of an impeachment trial in ,england4 c4 ,the conduct of an impeachment trial in the ,united ,states4 d4 ,the penalty in case of conviction4 #aj4 ,the provisions of the ,constitution for legislation3-- a4 ,bills for raising revenue4 b4 ,how a bill becomes a law4 c4 ,the president's veto power4 d4 ,passage of a bill over the president's veto4 e4 ,the pocket veto4 f4 ,the veto power in ,england4 g4 ,the value of the veto power4 ,section #c4 ,the ,federal ,executive4 ,sidenote3 ,the title of ,president4 ,in signing or vetoing bills passed by ,congress the president shares in legislation1 and is virtually a third house4 ,in his other capacities he is the chief executive officer of the ,federal ,union2 and inasmuch as he appoints the other great executive officers1 he is really the head of the executive department1 not--like the governor of a state--a mere member of it4 ,his title of ,president is probably an inheritance from the presidents of the ,continental ,congress4 ,in ,franklin's plan of union1 in #aged1 the head of the executive department was called ,governor ,general1 but that title had an unpleasant sound to ,american ears4 ,our great-grandfathers liked president better1 somewhat as the ,romans1 in the eighth century of their city1 preferred imperator to rex4 ,then1 as it served to distinguish widely between the head of the ,union and the heads of the states1 it soon fell into disuse in the state governments1 and thus president has come to be a much grander title than governor1 just as emperor has come to be a grander title than king4 #aa ,footnote #aa3 ,see above p4 #afc4 ,sidenote3 ,the electoral college4 ,there was no question which perplexed the ,federal ,convention more than the question as to the best method of electing the president4 ,there was a general distrust of popular election for an office so exalted4 ,at one time the ,convention decided to have the president elected by ,congress1 but there was a grave objection to this2 it would be likely to destroy his independence1 and make him the tool of ,congress4 ,finally the device of an electoral college was adopted4 ,each state is entitled to a number of electors equal to the number of its representatives in ,congress1 plus two1 the number of its senators4 ,thus to-day ,delaware1 with #a representative1 has #c electors2 ,missouri1 with #ad representatives1 has #af electors2 ,new ,york1 with #cd representatives1 has #cf electors4 ,no federal senator or representative1 or any person holding civil office under the ,united ,states1 can serve as an elector4 ,each state may appoint or choose its electors in such manner as it sees fit2 at first they were more often than otherwise chosen by the legislatures1 now they are always elected by the people4 ,the day of election must be the same in all the states4 ,by an act of ,congress passed in #agib it is required to be within #cd days preceding the first ,wednesday in ,december4 ,a subsequent act in #ahde appointed the ,tuesday following the first ,monday in ,november as election day4 ,by the act of #agib the electors chosen in each state are required to assemble on the first ,wednesday in ,december at some place in the state which is designated by the legislature4 ,before this date the governor of the state must cause a certified list of the names of the electors to be made out in triplicate and delivered to the electors4 ,having met together they vote for president and vice-president1 make out a sealed certificate of their vote in triplicate1 and attach to each copy a copy of the certified list of their names4 ,one copy must be delivered by a messenger to the president of the ,senate at the federal capital before the first ,wednesday in ,january2 the second is sent to the same officer through the mail2 the third is to be deposited with the federal judge of the district in which the electors meet4 ,if by the first ,wednesday in ,january the certificate has not been received at the federal capital1 the secretary of state is to send a messenger to the district judge and obtain the copy deposited with him4 ,the interval of a month was allowed to get the returns in1 for those were not the days of railroad and telegraph4 ,the messengers were allowed twenty-five cents a mile1 and were subject to a fine of a thousand dollars for neglect of duty4 ,on the second ,wednesday in ,february1 ,congress is required to be in session1 and the votes received are counted and the result declared4#ab ,footnote #ab3 ,see note on p4 #bgh4 ,sidenote3 ,the twelfth amendment 7#ahjd74 ,at first the electoral votes did not state whether the candidates named in them were candidates for the presidency or for the vice-presidency4 ,each elector simply wrote down two names1 only one of which could be the name of a citizen of his own state4 ,in the official count the candidate who had the largest number of votes1 provided they were a majority of the whole number1 was declared president1 and the candidate who had the next to the largest number was declared vice-president4 ,the natural result of this was seen in the first contested election in #agif1 which made ,adams president1 and his antagonist vice-president4 ,in the next election in #ahjj it gave to ,jefferson and his colleague ,burr exactly the same number of votes4 ,in such a case the ,house of ,representatives must elect1 and such intrigues followed for the purpose of defeating ,jefferson that the country was brought to the verge of civil war4 ,it thus became necessary to change the method4 ,by the twelfth amendment to the constitution1 declared in force in #ahjd1 the present method was adopted4 ,the electors make separate ballots for president and for vice-president4 ,in the official count the votes for president are first inspected4 ,if no candidate has a majority1 then the ,house of ,representatives must immediately choose the president from the three names highest on the list4 ,in this choice the house votes by states1 each state having one vote2 a quorum for this purpose must consist of at least one member from two thirds of the states1 and a majority of all the states is necessary for a choice4 ,then if no candidate for the vice-presidency has a majority1 the ,senate makes its choice from the two names highest on the list2 a quorum for the purpose consists of two thirds of the whole number of senators1 and a majority of the whole number is necessary to a choice4 ,since this amendment was made there has been one instance of an election of the president by the ,house of ,representatives1--that of ,john ,quincy ,adams in #ahbe2 and there has been one instance of an election of the vice-president by the ,senate1--that of ,richard ,mentor ,johnson in #ahcg4 ,sidenote3 ,the electoral commission 7#ahgg74 ,one serious difficulty was not yet foreseen and provided for--that of deciding between two conflicting returns sent in by two hostile sets of electors in the same state1 each list being certified by one of two rival governors claiming authority in the same state4 ,such a case occurred in #ahgg1 when ,florida1 ,louisiana1 and ,south ,carolina were the scene of struggles between rival governments4 ,ballots for ,tilden and ballots for ,hayes were sent in at the same time from these states1 and in the absence of any recognized means of determining which ballots to count1 the two parties in ,congress submitted the result to arbitration4 ,an electoral commission was created for the occasion1 composed of five senators1 five representatives1 and five judges of the supreme court2 and this body decided what votes were to be counted4 ,it was a clumsy expedient1 but infinitely preferable to civil war4 ,the question of conflicting returns has at length been set at rest by the act of #ahhg1 which provides that no electoral votes can be rejected in counting except by the concurrent action of the two houses of ,congress4 ,sidenote3 ,presidential succession4 ,the devolution of the presidential office in case of the president's death has also been made the subject of legislative change and amendment4 ,the office of vice-president was created chiefly for the purpose of meeting such an emergency4 ,upon the accession of the vice-president to the presidency1 the ,senate would proceed to elect its own president pro tempore4 ,an act of #agia provided that in case of the death1 resignation or disability of both president and vice-president1 the succession should devolve first upon the president pro tempore of the ,senate and then upon the speaker of the ,house of ,representatives1 until the disability should be removed or a new election be held4 ,but supposing a newly elected president to die and be succeeded by the vice-president before the assembling of the newly elected ,congress2 then there would be no president pro tempore of the ,senate and no speaker of the ,house of ,representatives1 and thus the death of one person might cause the presidency to lapse4 ,moreover the presiding officers of the two houses of ,congress might be members of the party defeated in the last presidential election2 indeed1 this is often the case4 ,sound policy and fair dealing require that a victorious party shall not be turned out because of the death of the president and vice-president4 ,accordingly an act of #ahhf provided that in such an event the succession should devolve upon the members of the cabinet in the following order3 secretary of state1 secretary of the treasury1 secretary of war1 attorney-general1 postmaster-general1 secretary of the navy1 secretary of the interior4 ,this would seem to be ample provision against a lapse4 ,sidenote3 ,original purpose of the electoral college not fulfilled4 ,to return to the electoral college3 it was devised as a safeguard against popular excitement4 ,it was supposed that the electors in their ,december meeting would calmly discuss the merits of the ablest men in the country and make an intelligent selection for the presidency4 ,the electors were to use their own judgment1 and it was not necessary that all the electors chosen in one state should vote for the same candidate4 ,the people on election day were not supposed to be voting for a president but for presidential electors4 ,this theory was never realized4 ,the two elections of ,washington1 in #aghh and #agib1 were unanimous4 ,in the second contested election1 that of #ahjj1 the electors simply registered the result of the popular vote1 and it has been so ever since4 ,immediately after the popular election1 a whole month before the meeting of the electoral college1 we know who is to be the next president4 ,there is no law to prevent an elector from voting for a different pair of candidates from those at the head of the party ticket1 but the custom has become as binding as a statute4 ,the elector is chosen to vote for specified candidates1 and he must do so4 ,sidenote3 ,electors formerly chosen in many states by districts2 now usually on a general ticket4 ,on the other hand1 it was not until long after #ahjj that all the electoral votes of the same state were necessarily given to the same pair of candidates4 ,it was customary in many states to choose the electors by districts4 ,a state entitled to ten electors would choose eight of them in its eight congressional districts1 and there were various ways of choosing the other two4 ,in some of the districts one party would have a majority1 in others the other1 and so the electoral vote of the state would be divided between two pairs of candidates4 ,after #ahcj it became customary to choose the electors upon a general ticket1 and thus the electoral vote became solid in each state4#ac ,footnote #ac3 ,in #ahfj the vote of ,new ,jersey was divided between ,lincoln and ,douglas1 but that was because the names of three of the seven ,douglas electors were upon two different tickets1 and thus got a majority of votes while the other four fell short4 ,in #ahib the state of ,michigan chose its electors by districts4 ,sidenote3 ,minority presidents4 ,sidenote3 ,advantages of the electoral system4 ,this system1 of course1 increases the chances of electing presidents who have received a minority of the popular vote4 ,a candidate may carry one state by an immense majority and thus gain #f or #h electoral votes2 he may come within a few hundred of carrying another state and thus lose #cf electoral votes4 ,or a small third party may divert some thousands of votes from the principal candidate without affecting the electoral vote of the state4 ,since ,washington's second term we have had twenty-three contested elections1#ad and in nine of these the elected president has failed to receive a majority of the popular vote2 ,adams in #ahbd 7elected by the ,house of ,representatives71 ,polk in #ahdd1 ,taylor in #ahdh1 ,buchanan in #ahef1 ,lincoln in #ahfj1 ,hayes in #ahgf1 ,garfield in #ahhj1 ,cleveland in #ahhd1 ,harrison in #ahhh4 ,this has suggested more or less vague speculation as to the advisableness of changing the method of electing the president4 ,it has been suggested that it would be well to abolish the electoral college1 and resort to a direct popular vote1 without reference to state lines4 ,such a method would be open to one serious objection4 ,in a closely contested election on the present method the result may remain doubtful for three or four days1 while a narrow majority of a few hundred votes in some great state is being ascertained by careful counting4 ,it was so in #ahhd4 ,this period of doubt is sure to be a period of intense and dangerous excitement4 ,in an election without reference to states1 the result would more often be doubtful1 and it would be sometimes necessary to count every vote in every little out-of-the-way corner of the country before the question could be settled4 ,the occasions for dispute would be multiplied a hundred fold1 with most demoralizing effect4 ,our present method is doubtless clumsy1 but the solidity of the electoral colleges is a safeguard1 and as all parties understand the system it is in the long run as fair for one as for another4 ,footnote #ad3 ,all have been contested1 except ,monroe's re-election in #ahbj1 when there was no opposing candidate4 ,sidenote3 ,nomination of candidates by congressional caucus 7#ahjj-bd74 ,the ,constitution says nothing about the method of nominating candidates for the presidency1 neither has it been made the subject of legislation4 ,it has been determined by convenience4 ,it was not necessary to nominate ,washington1 and the candidacies of ,adams and ,jefferson were also matters of general understanding4 ,in #ahjj the ,republican and ,federalist members of ,congress respectively held secret meetings or caucuses1 chiefly for the purpose of agreeing upon candidates for the vice-presidency and making some plans for the canvass4 ,it became customary to nominate candidates in such congressional caucuses1 but there was much hostile comment upon the system as undemocratic4 ,sometimes the favourite son of a state was nominated by the legislature1 but as the means of travel improved1 the nominating convention came to be preferred4 ,in #ahbd there were four candidates for the presidency1--,adams1 ,jackson1 ,clay1 and ,crawford4 ,adams was nominated by the legislatures of most of the ,new ,england states2 ,clay by the legislature of ,kentucky1 followed by the legislatures of ,missouri1 ,ohio1 ,illinois1 and ,louisiana2 ,crawford by the legislature of ,virginia2 and ,jackson by a mass convention of the people of ,blount ,county in ,tennessee1 followed by local conventions in many other states4 ,the congressional caucus met and nominated ,crawford1 but this endorsement did not help him1#ae and this method was no longer tried4 ,in #ahcb for the first time the candidates were all nominated in national conventions4 ,footnote #ae3 ,stanwood1 ,history of ,presidential ,elections1 pp4 #hj-hc4 ,sidenote3 ,nomination conventions4 ,sidenote3 ,the primary4 ,these conventions1 as fully developed1 are representative bodies chosen for the specific purpose of nominating candidates and making those declarations of principle and policy known as platforms4 ,each state is allowed twice as many delegates as it has electoral votes4 ,the delegates are chosen by local conventions in their several states1 viz41 two for each congressional district by the party convention of that district1 and four for the whole state 7called delegates-at-large7 by the state convention4 ,as each convention is composed of delegates from primaries1 it is the composition of the primaries which determines that of the local conventions1 and it is the composition of the local conventions which determines that of the national4#af ,the primary is the smallest nominating convention4 ,it stands in somewhat the same relation to the national convention as the relation of a township or ward to the whole ,united ,states4 ,a primary is a little caucus of all the voters of one party who live within the bounds of the township or ward4 ,it differs in composition from the town-meeting in that all its members belong to one party4 ,it has two duties3 one is to nominate candidates for the local offices of the township or ward2 the other is to choose delegates to the county or district convention4 ,the primary1 as its name indicates1 is a primary and not a representative assembly4 ,the party voters in a township or ward are usually not too numerous to meet together1 and all ought to attend such meetings1 though in practice too many people stay away4 ,by the representative system1 through various grades of convention1 the wishes and character of these countless little primaries are at length expressed in the wishes and character of the national party convention1 and candidates for the presidency and vice-presidency are nominated4 ,footnote #af3 ,bryce1 ,american ,commonwealth1 vol4 ii4 p4 #ade2 see also p4 #eb4 ,sidenote3 ,qualifications for the presidency4 ,the qualifications for the two offices are of course the same4 ,foreign-born citizens are not eligible1 though this restriction did not include such as were citizens of the ,united ,states at the time when the ,constitution was adopted4 ,the candidate must have reached the age of thirty-five1 and must have been fourteen years a resident of the ,united ,states4 ,sidenote3 ,the term of office ,the president's term of office is four years4 ,the ,constitution says nothing about his re-election1 and there is no written law to prevent his being re-elected a dozen times4 ,but ,washington1 after serving two terms1 refused to accept the office a third time4 ,jefferson in #ahjh was earnestly besought by many and influential bodies of citizens to become a candidate for a third term2 #ag and had he consented there is scarcely a doubt that he would have been elected4 ,his refusal established a custom which has never been infringed1 though there were persons in #ahgf and again in #ahhj who wished to secure a third term for ,grant4 ,footnote #ag3 ,morse's ,jefferson1 p4 #cah4 ,sidenote3 ,powers and duties of the ,president ,the president is commander-in-chief of the military and naval forces of the ,united ,states1 and of the militia of the several states when actually engaged in the service of the ,united ,states2 and he has the royal prerogative of granting reprieves and pardons for offences against the ,united ,states1 except in cases of impeachment4#ah ,footnote #ah3 ,see above1 p4 #bba4 ,he can make treaties with foreign powers1 but they must be confirmed by a two thirds vote of the ,senate4 ,he appoints ministers to foreign countries1 consuls1 and the greater federal officers1 such as the heads of executive departments and judges of the ,supreme ,court1 and all these appointments are subject to confirmation by the ,senate4 ,he also appoints a vast number of inferior officers1 such as postmasters and revenue collectors1 without the participation of the ,senate4 ,when vacancies occur during the recess of the ,senate1 he may fill them by granting commissions to expire at the end of the next session4 ,he commissions all federal officers4 ,he receives foreign ministers4 ,he may summon either or both houses of ,congress to an extra session1 and if the two houses disagree with regard to the time of adjournment1 he may adjourn them to such time as he thinks best1 but of course not beyond the day fixed for the beginning of the next regular session4 ,sidenote3 ,the ,president's message4 ,the president must from time to time make a report to ,congress on the state of affairs in the country and suggest such a line of policy or such special measures as may seem good to him4 ,this report has taken the form of an annual written message4 ,washington and ,adams began their administrations by addressing ,congress in a speech1 to which ,congress replied2 but it suited the opposite party to discover in this an imitation of the ,british practice of opening ,parliament with a speech from the sovereign4 ,it was accordingly stigmatized as monarchical1 and ,jefferson 7though without formally alleging any such reason7 set the example1 which has been followed ever since1 of addressing ,congress in a written message4#ai ,besides this annual message1 the president may at any time send in a special message relating to matters which in his opinion require immediate attention4 ,footnote #ai3 ,jefferson1 moreover1 was a powerful writer and a poor speaker4 ,the effectiveness of a president's message depends of course on the character of the president and the general features of the political situation4 ,that separation between the executive and legislative departments1 which is one of the most distinctive features of civil government in the ,united ,states1 tends to prevent the development of leadership4 ,an ,english prime minister's policy1 so long as he remains in office1 must be that of the ,house of ,commons2 power and responsibility are concentrated4 ,an able president may virtually direct the policy of his party in ,congress1 but he often has a majority against him in one house and sometimes in both at once4 ,thus in dividing power we divide and weaken responsibility4 ,to this point ,i have already alluded as illustrated in our state governments4#bj ,footnote #bj3 ,the ,english method1 however1 would probably not work well in this country1 and might prove to be a source of great and complicated dangers4 ,see above1 p4 #afi4 ,sidenote3 ,executive departments ,sidenote3 ,the cabinet ,the ,constitution made no specific provisions for the creation of executive departments1 but left the matter to ,congress4 ,at the beginning of ,washington's administration three secretaryships were created1--those of state1 treasury1 and war2 and an attorney-general was appointed4 ,afterward the department of the navy was separated from that of war1 the postmaster-general was made a member of the administration1 and as lately as #ahdi the department of the interior was organized4 ,the heads of these departments are the president's advisers1 but they have as a body no recognized legal existence or authority4 ,they hold their meetings in a room at the president's executive mansion1 the ,white ,house1 but no record is kept of their proceedings and the president is not bound to heed their advice4 ,this body has always been called the ,cabinet1 after the ,english usage4 ,it is like the ,english cabinet in being composed of heads of executive departments and in being1 as a body1 unknown to the law2 in other respects the difference is very great4 ,the ,english cabinet is the executive committee of the ,house of ,commons1 and exercises a guiding and directing influence upon legislation4 ,the position of the president is not at all like that of the prime minister2 it is more like that of the ,english sovereign1 though the latter has not nearly so much power as the president2 and the ,american cabinet in some respects resembles the ,english privy council1 though it cannot make ordinances4 ,sidenote3 ,the secretary of state4 ,the secretary of state ranks first among our cabinet officers4 ,he is often called our prime minister or premier1 but there could not be a more absurd use of language4 ,in order to make an ,american personage corresponding to the ,english prime minister we must first go to the ,house of ,representatives1 take its committee of ways and means and its committee on appropriations1 and unite them into one committee of finance2 then we must take the chairman of this committee1 give him the power of dissolving the ,house and ordering a new election1 and make him master of all the executive departments1 while at the same time we strip from the president all real control over the administration4 ,this exalted finance-chairman would be much like the ,first ,lord of the ,treasury1 commonly called the prime minister4 ,this illustration shows how wide the divergence has become between our system and that of ,great ,britain4 ,our secretary of state is our minister of foreign affairs1 and is the only officer who is authorized to communicate with other governments in the name of the president4 ,he is at the head of the diplomatic and consular service1 issuing the instructions to our ministers abroad1 and he takes a leading part in the negotiation of treaties4 ,to these ministerial duties he adds some that are more characteristic of his title of secretary4 ,he keeps the national archives1 and superintends the publication of laws1 treaties1 and proclamations2 and he is the keeper of the great seal of the ,united ,states4 ,sidenote3 ,diplomatic and consular service4 ,our foreign relations are cared for in foreign countries by two distinct classes of officials3 ministers and consuls4 ,the former represent the ,united ,states government in a diplomatic capacity2 the latter have nothing to do with diplomacy or politics1 but look after our commercial interests in foreign countries4 ,consuls exercise a protective care over seamen1 and perform various duties for ,americans abroad4 ,they can take testimony and administer estates4 ,in some non-,christian countries1 such as ,china1 ,japan1 and ,turkey1 they have jurisdiction over criminal cases in which ,americans are concerned4 ,formerly our ministers abroad were of only three grades3 7#a7 envoys extraordinary and ministers plenipotentiary2 7#b7 ministers resident2 7#c7 chargs d'affaires4 ,the first two are accredited by the president to the head of government of the countries to which they are sent2 the third are accredited by the secretary of state to the minister of foreign affairs in the countries to which they are sent4 ,we still retain these grades1 which correspond to the lower grades of the diplomatic service in ,european countries4 ,until lately we had no highest grade answering to that of ambassador1 perhaps because when our diplomatic service was organized the ,united ,states did not yet rank among first-rate powers1 and could not expect to receive ambassadors4 ,great powers1 like ,france and ,germany1 send ambassadors to each other1 and envoys to inferior powers1 like ,denmark or ,greece or ,guatemala4 ,when we send envoys to the great powers1 we rank ourselves along with inferior powers2 and diplomatic etiquette as a rule obliges the great powers to send to us the same grade of minister that we send to them4 ,there were found to be some practical inconveniences about this1 so that in #ahib the highest grade was adopted and our ministers to ,great ,britain and ,france were made ambassadors4 ,sidenote3 ,the secretary of the treasury4 ,the cabinet officer second in rank and in some respects first in importance is the secretary of the treasury4 ,he conducts the financial business of the government1 superintends the collection of revenue1 and gives warrants for the payment of moneys from the treasury4 ,he also superintends the coinage1 the national banks1 the custom-houses1 the coast-survey and lighthouse system1 the marine hospitals1 and life-saving service4#ba ,he sends reports to ,congress1 and suggests such measures as seem good to him4 ,since the ,civil ,war his most weighty business has been the management of the national debt4 ,he is aided by two assistant secretaries1 six auditors1 a register1 a comptroller1 a solicitor1 a director of the mint1 commissioner of internal revenue1 chiefs of the bureau of statistics and bureau of engraving and printing1 etc4 ,the business of the treasury department is enormous1 and no part of our government has been more faithfully administered4 ,since #aghi the treasury has disbursed more than seven billions of dollars without one serious defalcation4 ,no man directly interested in trade or commerce can be appointed secretary of the treasury1 and the department has almost always been managed by men of small incomes bred either to politics or the legal profession4 #bb ,footnote #ba3 ,many of these details concerning the executive departments are admirably summarized1 and with more fullness than comports with the design of the present work1 in ,thorpe's ,government of the ,people of the ,united ,states1 pp4 #ahc-aic4 ,footnote #bb3 ,schouler1 ,hist4 of the ,u4,s41 vol4 i4 p4 #ie4 ,sidenote3 ,war and navy4 ,the war and navy departments need no special description here4 ,the former is divided into ten and the latter into eight bureaus4 ,the naval department1 among many duties1 has charge of the naval observatory at ,washington and publishes the nautical almanac4 ,sidenote3 ,interior4 ,the department of the interior conducts a vast and various business1 as is shown by the designations of its eight bureaus1 which deal with public lands1 ,indian affairs1 pensions1 patents1 education 7chiefly in the way of gathering statistics and reporting upon school affairs71 agriculture1 public documents1 and the census4 ,in #ahhi the bureau of agriculture was organized as a separate department4 ,the weather bureau forms a branch of the department of agriculture4 ,sidenote3 ,postmaster-general and attorney-general4 ,the departments of the postmaster-general and attorney-general need no special description4 ,the latter was organized in #ahgj into the department of justice4 ,the attorney-general is the president's legal adviser1 and represents the ,united ,states in all law-suits to which the ,united ,states is a party4 ,he is aided by a solicitor-general and other subordinate offices4 ,,questions ,,on ,,the ,,text4 #a4 ,speak 7#a7 of the president's share in legislation2 7#b7 of his relation to the executive department1 and 7#c7 of the origin of his title4 #b4 ,the electoral college3-- a4 ,the method of electing the president a perplexing question4 b4 ,the constitution of the electoral college1 with illustrations4 c4 ,qualifications for serving as an elector4 d4 ,the method of choosing electors4 e4 ,the time of choosing electors4 f4 ,when and where the electors vote4 g4 ,the number and disposition of the certificates of their h4 ,the declaration of the result4 #c4 ,what was the method of voting in the electoral college before #ahjd8 ,illustrate the working of this method in #agif and #ahjj4 #d4 ,the amendment of #ahjd3-- a4 ,the ballots of the electors4 b4 ,the duty of the ,house if no candidate for the presidency receives a majority of the electoral votes4 c4 ,the duty of the ,senate if no candidate for the vice-presidency receives a majority of the electoral votes4 d4 ,illustrations of the working of this amendment in #ahbe and #ahcg4 #e4 ,the electoral commission of #ahgg3-- a4 ,a difficulty not foreseen4 b4 ,conflicting returns in #ahgg4 c4 ,the plan of arbitration adopted4 #f4 ,the presidential succession3-- a4 ,the office of vice-president4 b4 ,the act of #agia4 c4 ,the possibility of a lapse of the presidency4 d4 ,the possibility of an unfair political overthrow4 e4 ,the act of #ahhf4 #g4 ,compare the original purpose of the electoral college with the fulfillment of that purpose4 #h4 ,explain the transition from a divided electoral vote in a state to a solid electoral vote4 #i4 ,show how a minority of the people may elect a president4 ,who have been elected by minorities8 #aj4 ,what is the advantage of the electoral system over a direct popular vote8 #aa4 ,methods of nominating candidates for the presidency and vice-presidency before #ahcb3-- a4 ,the absence of constitutional and legislative requirements4 b4 ,presidents not nominated4 c4 ,nominations by congressional caucuses4 d4 ,nominations by state legislatures4 e4 ,nominations by local conventions4 #ab4 ,nominations by national conventions in #ahcb and since3-- a4 ,the nature of a national convention4 b4 ,the platform4 c4 ,the number of delegates from a state1 and their election4 d4 ,the relation of the primaries to district1 state1 and national conventions4 e4 ,the nature of the primary4 f4 ,its two duties4 g4 ,the duty of the voter to attend the primaries4 #ac4 ,the presidency3-- a4 ,qualifications for the office4 b4 ,the term of office4 #ad4 ,powers and duties of the president3-- a4 ,as a commander-in-chief4 b4 ,in respect to reprieves and pardons4 c4 ,in respect to treaties with foreign powers4 d4 ,in respect to the appointment of federal officers4 e4 ,in respect to summoning and adjourning ,congress4 f4 ,in respect to reporting the state of affairs in the country to ,congress4 #ae4 ,the president's message3-- a4 ,the course of ,washington and ,adams4 b4 ,the example of ,jefferson4 c4 ,the effectiveness of the message4 d4 ,power and responsibility in the ,english system4 e4 ,power and responsibility in the ,american system4 #af4 ,executive departments3-- a4 ,the departments under ,washington4 b4 ,later additions to the departments4 c4 ,the ,cabinet4 d4 ,the resemblance between the ,english cabinet and our own4 e4 ,the difference between the ,english cabinet and our own4 #ag4 ,the secretary of state3-- a4 ,is he a prime minister8 b4 ,what would be necessary to make an ,american personage correspond to an ,english prime minister8 c4 ,what are the ministerial duties of the secretary of state8 d4 ,what other duties has he more characteristic of his title8 #ah4 ,our diplomatic and consular service3-- a4 ,the distinction between ministers and consuls4 b4 ,three grades of ministers4 c4 ,the persons to whom the three grades are accredited4 d4 ,the grade of ambassador4 #ai4 ,the secretary of the treasury3-- a4 ,his rank and importance4 b4 ,his various duties4 c4 ,his chief assistants4 d4 ,the administration of the treasury department since #aghi4 #bj4 ,the duties of the remaining cabinet officers3-- a4 ,of the secretary of war4 b4 ,of the secretary of the navy4 c4 ,of the secretary of the interior4 d4 ,of the postmaster-general4 e4 ,of the attorney-general4 ,section #d4 ,the ,nation and the ,states4 ,we have left our ,federal ,convention sitting a good while at ,philadelphia1 while we have thus undertaken to give a coherent account of our national executive organization1 which has in great part grown up since #aghi with the growth of the nation4 ,observe how wisely the ,constitution confines itself to a clear sketch of fundamentals1 and leaves as much as possible to be developed by circumstances4 ,in this feature lies partly the flexible strength1 the adaptableness1 of our ,federal ,constitution4 ,that strength lies partly also in the excellent partition of powers between the federal government and the several states4 ,sidenote3 ,difference between confederation and federal union4 ,we have already remarked upon the vastness of the functions retained by the states4 ,at the same time the powers granted to ,congress have proved sufficient to bind the states together into a union that is more than a mere confederation4 ,from #aggf to #aghi the ,united ,states were a confederation2 after #aghi it was a federal nation4 ,the passage from plural to singular was accomplished1 although it took some people a good while to realize the fact4 ,the ,german language has a neat way of distinguishing between a loose confederation and a federal union4 ,it calls the former a ,staatenbund and the latter a ,bundesstaat4 ,so in ,english1 if we liked1 we might call the confederation a ,band-of-,states and the federal union a ,banded-,state4 ,there are two points especially in our ,constitution which transformed our country from a ,band-of-,states into a ,banded-,state4 ,sidenote3 ,powers granted to ,congress4 ,the first was the creation of a federal ,house of ,representatives1 thus securing for ,congress the power to lay and collect taxes1 duties1 imposts1 and excises1 to pay the debts and provide for the common welfare of the ,united ,states4 ,other powers are naturally attached to this1--such as the power to borrow money on the credit of the ,united ,states2 to regulate foreign and domestic commerce2 to coin money and fix the standard of weights and measures2 to provide for the punishment of counterfeiters2 to establish post-offices and post-roads2 to issue copyrights and patents2 to define and punish felonies committed on the high seas1 and offences against the law of nations2 to declare war1 grant letters of marque and reprisal1 and make rules concerning captures on land and water2 to raise and support an army and navy1 and to make rules for the regulation of the land and naval forces2 to provide for calling out the militia to suppress insurrections and repel invasions1 and to command this militia while actually employed in the service of the ,united ,states4 ,the several states1 however1 train their own militia and appoint the officers4 ,congress may also establish a uniform rule of naturalization1 and uniform laws on the subject of bankruptcies4 ,it also exercises exclusive control over the ,district of ,columbia1#bc as the seat of the national government1 and over forts1 magazines1 arsenals1 dockyards1 and other needful buildings1 which it erects within the several states upon land purchased for such purposes with the consent of the state legislature4 ,footnote #bc3 ,ceded to the ,united ,states by ,maryland and ,virginia4 ,sidenote3 ,the ,elastic ,clause4 ,congress is also empowered to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this ,constitution in the government of the ,united ,states1 or in any department or office thereof4 ,this may be called the ,elastic ,clause of the ,constitution2 it has undergone a good deal of stretching for one purpose and another1 and1 as we shall presently see1 it was a profound disagreement in the interpretation of this clause that after #aghi divided the ,american people into two great political parties4 ,sidenote3 ,powers denied to the states4 ,sidenote3 ,paper currency4 ,the national authority of ,congress is further sharply defined by the express denial of sundry powers to the several states4 ,these we have already enumerated4#bd ,there was an especial reason for prohibiting the states from issuing bills of credit1 or making anything but gold and silver coin a tender in payment of debts4 ,during the years #aghe and #aghf a paper money craze ran through the country2 most of the states issued paper notes1 and passed laws obliging their citizens to receive them in payment of debts4 ,now a paper dollar is not money1 it is only the government's promise to pay a dollar4 ,as long as you can send it to the treasury and get a gold dollar in exchange1 it is worth a dollar4 ,it is this exchangeableness that makes it worth a dollar4 ,when government makes the paper dollar note a legal tender4 i4e41 when it refuses to give you the gold dollar and makes you take its note instead1 the note soon ceases to be worth a dollar4 ,you would rather have the gold than the note1 for the mere fact that government refuses to give the gold shows that it is in financial difficulties4 ,so the note's value is sure to fall1 and if the government is in serious difficulty1 it falls very far1 and as it falls it takes more of it to buy things4 ,prices go up4 ,there was a time 7#ahfd7 during our ,civil ,war when a paper dollar was worth only forty cents and a barrel of flour cost #bc4 ,but that was nothing to the year #aghj1 when the paper dollar issued by the ,continental ,congress was worth only a mill1 and flour was sold in ,boston for #a1ege a barrel6 ,when the different states tried to make paper money1 it made confusion worse confounded1 for the states refused to take each other's money1 and this helped to lower its value4 ,in some states the value of the paper dollar fell in less than a year to twelve or fifteen cents4 ,at such times there is always great demoralization and suffering1 especially among the poorer people2 and with all the experience of the past to teach us1 it may now be held to be little less than a criminal act for a government1 under any circumstances1 to make its paper notes a legal tender4 ,the excuse for the ,continental ,congress was that it was not completely a government and seemed to have no alternative1 but there is no doubt that the paper currency damaged the country much more than the arms of the enemy by land or sea4 ,the feeling was so strong about it in the ,federal ,convention that the prohibition came near being extended to the national government1 but the question was unfortunately left undecided4#be ,footnote #bd3 ,see above1 p4#age ,footnote #be3 ,see my ,critical ,period of ,american ,history1 pp4 #afh-ahf1 #bgc-bgf4 ,sidenote3 ,powers denied to ,congress4 ,sidenote3 ,bills of attainder4 ,some express prohibitions were laid upon the national government4 ,duties may be laid upon imports but not upon exports2 this wise restriction was a special concession to ,south4 ,carolina1 which feared the effect of an export duty upon rice and indigo4 ,duties and excises must be uniform throughout the country1 and no commercial preference can be shown to one state over another2 absolute free trade is the rule between the states4 ,a census must be taken every ten years in order to adjust the representation1 and no direct tax can be imposed except according to the census4 ,no money can be drawn from the treasury except in consequence of appropriations made by law1 and accounts must be regularly kept and published4 ,the privilege of the writ of habeas corpus cannot be suspended except when1 in case of rebellion or invasion1 the public safety may require it2 and no bill of attainder1 or ex post facto law1 can be passed4 ,a bill of attainder is a special legislative act by which a person may be condemned to death1 or to outlawry and banishment1 without the opportunity of defending himself which he would have in a court of law4 ,no evidence is necessarily adduced to support it1 #bf and in former times1 especially in the reign of ,henry ,,viii41 it was a formidable engine for perpetrating judicial murders4 ,bills of attainder long ago ceased to be employed in ,england1 and the process was abolished by statute in #ahgj4 ,footnote #bf3 ,taswell-,langmead1 ,english ,constitutional ,history1 p4 #che4 ,sidenote3 ,intercitizenship4 ,no title of nobility can be granted by the ,united ,states1 and no federal officer can accept a present1 office1 or title from a foreign state without the consent of ,congress4 ,no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states4 ,full faith and credit must be given in each state to the public acts and records1 and to the judicial proceedings of every other state2 and it is left for ,congress to determine the manner in which such acts and proceedings shall be proved or certified4 ,the citizens of each state are entitled to all privileges and immunities of citizens in the several states4 ,there is mutual extradition of criminals1 and1 as a concession to the southern states it was provided that fugitive slaves should be surrendered to their masters4 ,the ,united ,states guarantees to every state a republican form of government1 it protects each state against invasion2 and on application from the legislature of a state1 or from the executive when the legislature cannot be convened1 it lends a hand in suppressing insurrection4 ,sidenote3 ,mode of making amendments4 ,amendments to the ,constitution may at any time be proposed in pursuance of a two thirds vote in both houses of ,congress1 or by a convention called at the request of the legislatures of two thirds of the states4 ,the amendments are not in force until ratified by three-fourths of the states1 either through their legislatures or through special conventions1 according to the preference of ,congress4 ,this makes it difficult to change the ,constitution1 as it ought to be2 but it leaves it possible to introduce changes that are very obviously desirable4 ,the ,articles of ,confederation could not be amended except by a unanimous vote of the states2 and this made their amendment almost impossible4 ,after assuming all debts contracted and engagements made by the ,united ,states before its adoption1 the ,constitution goes on to declare itself the supreme law of the land4 ,by it1 and by the laws and treaties made under it1 the judges in every state are bound1 in spite of anything contrary in the constitution or laws of any state4 ,,questions ,,on ,,the ,,text4 #a4 ,in what two features of the ,constitution does its strength largely lie8 #b4 ,distinguish between the ,united ,states as a confederation and the ,united ,states as a federal union4 ,how does the ,german language bring out the distinction8 #c4 ,what was the first important factor in transforming our country from a ,band-of-,states to a ,banded-,state8 #d4 ,the powers granted to ,congress3-- a4 ,over taxes1 money1 and commerce4 b4 ,over postal affairs1 and the rights of inventors and authors4 c4 ,over certain crimes4 d4 ,over war and military matters4 e4 ,over naturalization and bankruptcy4 f4 ,over the ,district of ,columbia and other places4 g4 ,the elastic clause and its interpretation4 #e4 ,the powers denied to the states3-- a4 ,an enumeration of these powers4 b4 ,the prohibition of bills of credit1 in particular4 c4 ,the paper money craze of #aghe and #aghf4 d4 ,paper money as a legal tender4 e4 ,the depreciation of paper money during the ,civil ,war4 f4 ,the depreciation of the ,continental currency in #aghj4 g4 ,the demoralization caused by the states making paper money4 h4 ,the lesson of experience4 #f4 ,prohibitions upon the national government3-- a4 ,the imposition of duties and taxes4 b4 ,the payment of money4 c4 ,the writ of habeas corpus4 d4 ,ex post facto laws4 e4 ,bills of attainder4 f4 ,titles and presents4 #g4 ,duties of the states to one another3-- a4 ,in respect to public acts and records1 and judicial proceedings4 b4 ,in respect to the privileges of citizens4 c4 ,in respect to fugitives from justice4 #h4 ,what is the duty of the ,united ,states to every state in respect 7#a7 to form of government1 7#b7 invasion1 and 7#c7 insurrection8 #i4 ,amendments to the ,constitution3-- a4 ,two methods of proposing amendments4 b4 ,two methods of ratifying amendments1 c4 ,the difficulty of making amendments4 d4 ,amendment of the ,articles of ,confederation4 #aj4 ,what is meant by the ,constitution's declaring itself the supreme law of the land8 ,section #e4 ,the ,federal ,judiciary4 ,sidenote3 ,need for a federal judiciary4 ,the creation of a federal judiciary was the second principal feature in the ,constitution1 which transformed our country from a loose confederation into a federal nation1 from a ,band-of-,states into a ,banded-,state4 ,we have seen that the ,american people were already somewhat familiar with the method of testing the constitutionality of a law by getting the matter brought before the courts4#bg ,in the case of a conflict between state law and federal law1 the only practicable peaceful solution is that which is reached through a judicial decision4 ,the federal authority also needs the machinery of courts in order to enforce its own decrees4 ,footnote #bg3 ,see above p4 #aid4 ,sidenote3 ,federal courts and judges4 ,sidenote3 ,district attorneys and marshals4 ,the federal judiciary consists of a supreme court1 circuit courts1 and district courts4#bh ,at present the supreme court consists of a chief justice and eight associate justices4 ,it holds annual sessions in the city of ,washington1 beginning on the second ,monday of ,october4 ,each of these nine judges is also presiding judge of a circuit court4 ,the area of the ,united ,states1 not including the territories1 is divided into nine circuits1 and in each circuit the presiding judge is assisted by special circuit judges4 ,the circuits are divided into districts1 fifty-six in all1 and in each of these there is a special district judge4 ,the districts never cross state lines4 ,sometimes a state is one district1 but populous states with much business are divided into two or even three districts4 ,the circuit courts sit in the several districts of each circuit successively1 and the law requires that each justice of the supreme court shall sit in each district of his circuit at least once every two years4 #bi ,district judges are not confined to their own districts2 they may upon occasion exchange districts as ministers exchange pulpits4 ,a district judge may1 if need be1 act as a circuit judge1 as a major may command a regiment4 ,all federal judges are appointed by the president1 with the consent of the ,senate1 to serve during good behaviour4 ,each district has its district attorney1 whose business is to prosecute offenders against the federal laws and to conduct civil cases in which the national government is either plaintiff or defendant4 ,each district has also its marshal1 who has the same functions under the federal court as the sheriff under the state court4 ,the procedure of the federal court usually follows that of the courts of the state in which it is sitting4 ,footnote #bh3 ,see the second note on p4#bgh4 ,footnote #bi3 ,see ,wilson1 ,the ,state1 p4 #eed4 ,i have closely followed1 though1 with much abridgment1 the excellent description of our federal judiciary1 pp4 #eee-efa4 ,sidenote3 ,the federal jurisdiction4 ,the federal jurisdiction covers two classes of cases3 7#a7 those which come before it because of the nature of the questions involved3 for instance1 admiralty and maritime cases1 navigable waters being within the exclusive jurisdiction of the federal authorities1 and cases arising out of the ,constitution1 laws1 or treaties of the ,united ,states or out of conflicting grants made by different states2 7#b7 those which come before it because of the nature of the parties to the suit1 such as cases affecting the ministers of foreign powers or suits between citizens of different states4 ,the division of jurisdiction between the upper and lower federal courts is determined chiefly by the size and importance of the cases4 ,in cases where a state or a foreign minister is a party the supreme court has original jurisdiction1 in other cases it has appellate jurisdiction1 and any case which involves the interpretation of the ,constitution can be taken to the supreme court1 however small the sum in dispute4 ,if a law of any state or of the ,united ,states is decided by the supreme court to be in violation of the ,constitution1 it instantly becomes void and of no effect4 ,in this supreme exercise of jurisdiction1 our highest federal tribunal is unlike any other tribunal known to history4 ,the supreme court is the most original of all ,american institutions4 ,it is peculiarly ,american1 and for its exalted character and priceless services it is an institution of which ,americans may well be proud4 ,,questions ,,on ,,the ,,text4 #a4 ,what was the second important factor in transforming our country from a ,band-of-,states to a ,banded-,state8 #b4 ,why was a federal judiciary deemed necessary8 #c4 ,the organization of the federal judiciary3-- a4 ,the supreme court and its sessions4 b4 ,the circuit courts4 c4 ,the district courts4 d4 ,exchanges of service4 e4 ,appointment of judges4 f4 ,the ,united ,states district attorney4 g4 ,the ,united ,states marshal4 #d4 ,the jurisdiction of the federal courts3-- a4 ,cases because of the nature of the questions involved4 b4 ,cases because of the nature of the parties to the suit4 c4 ,the division of jurisdiction between the upper and the lower courts4 d4 ,wherein the supreme court is the most original of ,american institutions4 ,section #f4 ,territorial ,government4 ,sidenote3 ,the ,northwest ,territory4 ,sidenote3 ,the ,ordinance of #aghg4 ,the ,constitution provided for the admission of new states to the ,union1 but it does not allow a state to be formed within another state4 ,a state cannot be formed by the junction of two or more states1 or parts of states1 without the consent of the legislatures of the states concerned as well as of the ,congress4 ,shortly before the making of the ,constitution1 the ,united ,states had been endowed for the first time with a public domain4 ,the territory northwest of the ,ohio ,river had been claimed1 on the strength of old grants and charters1 by ,massachusetts1 ,connecticut1 ,new ,york1 and ,virginia4 ,in #aggg ,maryland refused to sign the ,articles of ,confederation until these states should agree to cede their claims to the ,united ,states1 and thus in #aghd the federal government came into possession of a magnificent territory1 out of which five great states--,ohio1 ,indiana1 ,illinois1 ,michigan1 and ,wisconsin--have since been made4 ,while the ,federal ,convention was sitting at ,philadelphia1 the ,continental ,congress at ,new ,york was doing almost its last and one of its greatest pieces of work in framing the ,ordinance of #aghg for the organization and government of this newly acquired territory4 ,the ordinance created a territorial government with governor and two-chambered legislature1 courts1 magistrates1 and militia4 ,complete civil and religious liberty was guaranteed1 negro slavery was prohibited1 and provision was made for free schools4#cj ,footnote #cj3 ,the manner in which provision should be made for these schools had been pointed out two years before in the land-ordinance of #aghe1 as heretofore explained4 ,see above1 p4 #hf4 ,sidenote3 ,other territories and their government4 ,in #ahjc the enormous territory known as ,louisiana1 comprising everything 7except ,texas7 between the ,mississippi ,river and the crest of the ,rocky ,mountains1 was purchased from ,france4 ,a claim upon the ,oregon territory was soon afterward made by discovery and exploration1 and finally settled in #ahdf by treaty with ,great ,britain4 ,in #ahdh by conquest and in #ahec by purchase the remaining ,pacific lands were acquired from ,mexico4 ,all of this vast region has been at some time under territorial government4 ,as for ,texas1 on the other hand1 it has never been a territory4 ,texas revolted from ,mexico in #ahcf and remained an independent state until #ahde1 when it was admitted to the ,union4 ,territorial government has generally passed through three stages3 first1 there are governors and judges appointed by the president2 then as population increases1 there is added a legislature chosen by the people and empowered to make laws subject to confirmation by ,congress2 finally1 entire legislative independence is granted4 ,the territory is then ripe for admission to the ,union as a state4 ,,questions ,,on ,,the ,,text4 #a4 ,what is the constitutional provision for admitting new states8 #b4 ,what states claimed the territory northwest of the ,ohio river8 ,on what did they base their claims8 #c4 ,why was this territory ceded to the general government8 #d4 ,what states have since been made out of this territory8 #e4 ,what was the ,ordinance of #aghg8 #f4 ,what were the principal provisions of this ordinance8 #g4 ,give an account of the ,louisiana purchase8 #h4 ,give an account of the acquisition of the ,oregon territory4 #i4 ,give an account of the acquisition of the remaining ,pacific lands4 #aj4 ,how came ,texas to belong to the ,united ,states8 #aa4 ,how much of the public domain has been at some time under territorial government8 #ab4 ,through what three stages has territorial government usually passed8 ,section #g4 ,ratification and ,amendments4 ,sidenote3 ,concessions to the ,south4 ,thus the work of the ,ordinance of #aghg was in a certain sense supplementary to the work of framing the ,constitution4 ,when the latter instrument was completed1 it was provided that the ratifications of the conventions of nine states shall be sufficient for the establishment of this ,constitution between the states so ratifying the same4 ,the ,constitution was then laid before the ,continental ,congress1 which submitted it to the states4 ,in one state after another1 conventions were held1 and at length the ,constitution was ratified4 ,there was much opposition to it1 because it seemed to create a strange and untried form of government which might develop into a tyranny4 ,there was a fear that the federal power might crush out self-government in the states4 ,this dread was felt in all parts of the country4 ,besides this1 there was some sectional opposition between ,north and ,south1 and in ,virginia there was a party in favour of a separate southern confederacy4 ,but ,south ,carolina and ,georgia were won over by the concessions in the ,constitution to slavery1 and especially a provision that the importation of slaves from ,africa should not be prohibited until #ahjh4 ,by winning ,south ,carolina and ,georgia the formation of a solid ,south was prevented4 ,sidenote3 ,bill of ,rights proposed4 ,the first states to adopt the ,constitution were ,delaware1 ,pennsylvania1 ,new ,jersey1 ,georgia1 and ,connecticut1 with slight opposition1 except in ,pennsylvania4 ,next came ,massachusetts1 where the convention was very large1 the discussion very long1 and the action in one sense critical4 ,one chief source of dissatisfaction was the absence of a sufficiently explicit ,bill of ,rights1 and to meet this difficulty1 ,massachusetts ratified the ,constitution1 but proposed amendments1 and this course was followed by other states4 ,maryland and ,south ,carolina came next1 and ,new ,hampshire made the ninth4 ,virginia and ,new ,york then ratified by very narrow majorities and after prolonged discussion4 ,north ,carolina did not come in until #aghi1 and ,rhode ,island not until #agij4 ,sidenote3 ,the first ten amendments4 ,in ,september1 #aghi1 the first ten amendments were proposed by ,congress1 and in ,december1 #agia1 they were declared in force4 ,their provisions are similar to those of the ,english ,bill of ,rights1 enacted in #afhi1ca but are much more full and explicit4 ,they provide for freedom of speech and of the press1 the free exercise of religion1 the right of the people to assemble and petition ,congress for a redress of grievances1 their right to bear arms1 and to be secure against unreasonable searches and seizures4 ,the quartering of soldiers is guarded1 general search-warrants are prohibited1 jury trial is guaranteed1 and the taking of private property for public use without due compensation1 as well as excessive fines and bail and the infliction of cruel and unusual punishment are forbidden4 ,congress is prohibited from establishing any form of religion4 ,footnote #ca3 ,see above1 p4 #aij4 ,this is further elucidated in ,appendixes ,b and ,d4 ,finally1 it is declared that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people1 and that the powers not granted to the ,united ,states by the ,constitution1 nor prohibited by it to the states1 are reserved to the states respectively1 or to the people4 ,,questions ,,on ,,the ,,text4 #a4 ,what provision did the ,constitution make for its own ratification8 #b4 ,what was the general method of ratification in the states8 #c4 ,on what general grounds did the opposition to the ,constitution seem to be based8 #d4 ,by what feature in the ,constitution was the support of ,south ,carolina and ,georgia assured8 ,why was this support deemed peculiarly desirable8 #e4 ,what five states ratified the ,constitution with little or no opposition8 #f4 ,what was the objection of ,massachusetts and some other states to the ,constitution8 ,what course1 therefore1 did they adopt8 #g4 ,what three states after ,massachusetts by their ratification made the adoption of the ,constitution secure8 #h4 ,what four states subsequently gave in their support8 #i4 ,give an account of the adoption of the first ten amendments4 #aj4 ,for what do these amendments provide8 #aa4 ,what powers are reserved to the states8 ,section #h4 ,a ,few ,words about ,politics4 ,sidenote3 ,federal taxation4 ,a chief source of the opposition to the new federal government was the dread of federal taxation4 ,people who found it hard to pay their town1 county1 and state taxes felt that it would be ruinous to have to pay still another kind of tax4 ,in the mere fact of federal taxation1 therefore1 they were inclined to see tyranny4 ,with people in such a mood it was necessary to proceed cautiously in devising measures of federal taxation4 ,sidenote3 ,excise4 ,this was well understood by our first secretary of the treasury1 ,alexander ,hamilton1 and in the course of his administration of the treasury he was once roughly reminded of it4 ,the two methods of federal taxation adopted at his suggestion were duties on imports and excise on a few domestic products1 such as whiskey and tobacco4 ,the excise1 being a tax which people could see and feel1 was very unpopular1 and in #agid the opposition to it in western ,pennsylvania grew into the famous ,whiskey ,insurrection1 against which ,president ,washington thought it prudent to send an army of #af1jjj men4 ,this formidable display of federal power suppressed the insurrection without bloodshed4 ,sidenote3 ,tariff4 ,nowhere was there any such violent opposition to ,hamilton's scheme of custom-house duties on imported goods4 ,people had always been familiar with such duties4 ,in the colonial times they had been levied by the ,british government without calling forth resistance until ,charles ,townshend made them the vehicle of a dangerous attack upon ,american self-government4#cb ,after the ,declaration of ,independence1 custom-house duties were levied by the state governments and the proceeds were paid into the treasuries of the several states4 ,before #aghi1 much trouble had arisen from oppressive tariff-laws enacted by some of the states against others4 ,by taking away from the states the power of taxing imports1 the new ,constitution removed this source of irritation4 ,it became possible to lighten the burden of custom-house duties1 while by turning the full stream of them into the federal treasury an abundant national revenue was secured at once4 ,thus this part of ,hamilton's policy met with general approval4 ,the tariff has always been our favourite device for obtaining a national revenue4 ,during our ,civil ,war1 indeed1 the national1 government resorted extensively to direct taxation1 chiefly in the form of revenue stamps1 though it also put a tax upon billiard-tables1 pianos1 gold watches1 and all sorts of things4 ,but after the return of peace these unusual taxes were one after another discontinued1 and since then our national revenue has been raised1 as in ,hamilton's time1 from duties on imports and excise on a few domestic products1 chiefly tobacco and distilled liquors4 ,footnote #cb3 ,see my ,war of ,independence1 pp4 #eh-hc2 and my ,history of the ,united ,states1 for ,schools1 pp4 #aib-bjc4 ,sidenote3 ,origin of ,american political parties4 ,hamilton's measures as secretary of the treasury embodied an entire system of public policy1 and the opposition to them resulted in the formation of the two political parties into which1 under one name or another1 the ,american people have at most times been divided4 ,hamilton's opponents1 led by ,jefferson1 objected to his principal measures that they assumed powers in the national government which were not granted to it by the ,constitution4 ,hamilton then fell back upon the ,elastic ,clause#cc of the ,constitution1 and maintained that such powers were implied in it4 ,jefferson held that this doctrine of implied powers stretched the ,elastic ,clause too far4 ,he held that the ,elastic ,clause ought to be construed strictly and narrowly2 ,hamilton held that it ought to be construed loosely and liberally4 ,hence the names strict-constructionist and loose-constructionist1 which mark perhaps the most profound and abiding antagonism in the history of ,american politics4 ,footnote #cc3 ,article ,i1 section viii1 clause #ah2 see above1 p4 #bde4 ,practically all will admit that the ,elastic ,clause1 if construed strictly1 ought not to be construed too narrowly2 and1 if construed liberally1 ought not to be construed too loosely4 ,neither party has been consistent in applying its principles1 but in the main we can call ,hamilton the founder of the ,federalist party1 which has had for its successors the ,national ,republicans of #ahbh1 the ,whigs of #ahcc to #aheb1 and the ,republicans of #ahed to the present time2 while we can call ,jefferson the founder of the party which called itself ,republican from about #agib to about #ahbh1 and since then has been known as the ,democratic party4 ,this is rather a rough description in view of the real complication of the historical facts1 but it is an approximation to the truth4 ,sidenote3 ,tariff1 ,internal ,improvements1 and ,national ,bank4 ,it is not my purpose here to give a sketch of the history of ,american parties4 ,such a sketch1 if given in due relative proportion1 would double the size of this little book1 of which the main purpose is to treat of civil government in the ,united ,states with reference to its origins4 ,but it may here be said in general that the practical questions which have divided the two great parties have been concerned with the powers of the national government as to 7#a7 the ,tariff2 7#b7 the making of roads1 improving rivers and harbours1 etc41 under the general head of ,internal ,improvements2 and 7#c7 the establishment of a ,national ,bank1 with the national government as partner holding shares in it and taking a leading part in the direction of its affairs4 ,on the question of such a national bank the ,democratic party achieved a complete and decisive victory under ,president ,tyler4 ,on the question of internal improvements the opposite party still holds the ground1 but most of its details have been settled by the great development of the powers of private enterprise during the past sixty years1 and it is not at present a burning question4 ,the question of the tariff1 however1 remains to-day as a burning question1 but it is no longer argued on grounds of constitutional law1 but on grounds of political economy4 ,hamilton's construction of the ,elastic ,clause has to this extent prevailed1 and mainly for the reason that a liberal construction of that clause was needed in order to give the national government enough power to restrict the spread of slavery and suppress the great rebellion of which slavery was the exciting cause4 ,sidenote3 ,civil service reform4 ,another political question1 more important1 if possible1 than that of the ,tariff1 is to-day the question of the reform of the ,civil ,service2 but it is not avowedly made a party question4 ,twenty years ago both parties laughed at it2 now both try to treat it with a show of respect and to render unto it lip-homage2 and the control of the immediate political future probably lies with the party which treats it most seriously4 ,it is a question that was not distinctly foreseen in the days of ,hamilton and ,jefferson1 when the ,constitution was made and adopted2 otherwise1 one is inclined to believe1 the framers of the ,constitution would have had something to say about it4 ,the question as to the ,civil ,service arises from the fact that the president has the power of appointing a vast number of petty officials1 chiefly postmasters and officials concerned with the collection of the federal revenue4 ,such officials have properly nothing to do with politics2 they are simply the agents or clerks or servants of the national government in conducting its business2 and if the business of the national government is to be managed on such ordinary principles of prudence as prevail in the management of private business1 such servants ought to be selected for personal merit and retained for life or during good behaviour4 ,it did not occur to our earlier presidents to regard the management of the public business in any other light than this4 ,sidenote3 ,origin of the spoils system4 ,but as early as the beginning of the present century a vicious system was growing up in ,new ,york and ,pennsylvania4 ,in those states the appointive offices came to be used as bribes or as rewards for partisan services4 ,by securing votes for a successful candidate1 a man with little in his pocket and nothing in particular to do could obtain some office with a comfortable salary4 ,it would be given him as a reward1 and some other man1 perhaps more competent than himself1 would have to be turned out in order to make room for him4 ,a more effective method of driving good citizens out of politics could hardly be devised4 ,it called to the front a large class of men of coarse moral fibre who greatly preferred the excitement of speculating in politics to earning an honest living by some ordinary humdrum business4 ,the civil service of these states was seriously damaged in quality1 politics degenerated into a wild scramble for offices1 salaries were paid to men who did little or no public service in return1 and thus the line which separates taxation from robbery was often crossed4 ,sidenote3 ,rotation in ,office4 ,sidenote3 ,the spoils system made national ,about the same time there grew up an idea that there is something especially democratic1 and therefore meritorious1 about rotation in office4 ,government offices were regarded as plums at which every one ought to be allowed a chance to take a bite4 ,the way was prepared in #ahbj by ,w4,h4 ,crawford1 of ,georgia1 who succeeded in getting the law enacted that limits the tenure of office for postmasters1 revenue collectors1 and other servants of the federal government to four years4 ,the importance of this measure was not understood1 and it excited very little discussion at the time4 ,the next presidential election which resulted in a change of party was that of ,jackson in #ahbh1 and then the methods of ,new ,york and ,pennsylvania were applied on a national scale4 ,jackson cherished the absurd belief that the administration of his predecessor ,adams had been corrupt1 and he turned men out of office with a keen zest4 ,during the forty years between ,washington's first inauguration and ,jackson's the total number of removals from office was #gd1 and out of this number #e were defaulters4 ,during the first year of ,jackson's administration the number of changes made in the civil service was about #b1jjj4 #cd ,such was the abrupt inauguration upon a national scale of the so-called spoils system4 ,the phrase originated with ,w4 ,l4 ,marcy1 of ,new ,york1 who in a speech in the senate in #ahca declared that to the victors belong the spoils4 ,the man who said this of course did not realize that he was making one of the most shameful remarks recorded in history4 ,there was1 however1 much aptness in his phrase1 inasmuch as it was a confession that the business of ,american politics was about to be conducted on principles fit only for the warfare of barbarians4 ,footnote #cd3 ,sumner's ,jackson1 p4 #adg4 ,in the canvass of #ahdj the ,whigs promised to reform the civil service1 and the promise brought them many ,democratic votes2 but after they had won the election1 they followed ,jackson's example4 ,the ,democrats followed in the same way in #ahde1 and from that time down to #ahhe it was customary at each change of party to make a clean sweep of the offices4 ,soon after the ,civil ,war the evils of the system began to attract serious attention on the part of thoughtful people4 ,the spoils system has helped to sustain all manner of abominations1 from grasping monopolies and civic jobbery down to political rum-shops4 ,the virus runs through everything1 and the natural tendency of the evil is to grow with the growth of the country4 ,sidenote3 ,the ,civil ,service ,act of #ahhc4 ,in #ahhc ,congress passed the ,civil ,service ,act1 allowing the president to select a board of examiners on whose recommendation appointments are made4 ,candidates for office are subjected to an easy competitive examination4 ,the system has worked well in other countries1 and under ,presidents ,arthur and ,cleveland it was applied to a considerable part of the civil service4 ,it has also been adopted in some states and cities4 ,the opponents of reform object to the examination that it is not always intimately connected with the work of the office1#ce but1 even if this were so1 the merit of the system lies in its removal of the offices from the category of things known as patronage4 ,it relieves the president of much needless work and wearisome importunity4 ,the president and the heads of departments appoint 7in many cases1 through subordinates7 about #aae1jjj officials4 ,it is therefore impossible to know much about their character or competency4 ,it becomes necessary to act by advice1 and the advice of an examining board is sure to be much better than the advice of political schemers intent upon getting a salaried office for their needy friends4 ,the examination system has made a fair beginning and will doubtless be gradually improved and made more stringent4 ,something too has been done toward stopping two old abuses attendant upon political canvasses1--7#a7 forcing government clerks1 under penalty of losing their places1 to contribute part of their salaries for election purposes2 7#b7 allowing government clerks to neglect their work in order to take an active part in the canvass4 ,before the reform of the civil service can be completed1 however1 it will be necessary to repeal ,crawford's act of #ahbj and make the tenure of postmasters and revenue collectors as secure as that of the chief justice of the ,united ,states4 ,footnote #ce3 ,the objection that the examination questions are irrelevant to the work of the office is often made the occasion of gross exaggeration4 ,i have given1 in ,appendix ,i1 an average sample of the examination papers used in the customs service4 ,it is taken from ,comstock's ,civil ,service in the ,united ,states1 ,new ,york1 ,holt ,co41 #ahhe1 an excellent manual with very full particulars4 ,sidenote3 ,the ,australian ballot-system4 ,another political reform which promises excellent results is the adoption by many states of some form of the ,australian ballot-system1 for the purpose of checking intimidation and bribery at elections4 ,the ballots are printed by the state1 and contain the names of all the candidates of all the parties4 ,against the name of each candidate the party to which he belongs is designated1 and against each name there is a small vacant space to be filled with a cross4 ,at the polling-place the ballots are kept in an inclosure behind a railing1 and no ballot can be brought outside under penalty of fine or imprisonment#cf4 ,one ballot is nailed against the wall outside the railing1 so that it may be read at leisure4 ,the space behind the railing is divided into separate booths quite screened from each other4 ,each booth is provided with a pencil and a convenient shelf on which to write4 ,the voter goes behind the railing1 takes the ballot which is handed him1 carries it into one of the booths1 and marks a cross against the names of the candidates for whom he votes4 ,he then puts his ballot into the box1 and his name is checked off on the register of voters of the precinct4 ,this system is very simple1 it enables a vote to be given in absolute secrecy1 and it keeps heelers away from the polls4 ,it is favourable to independence in voting1#cg and it is unfavourable to bribery1 because unless the briber can follow his man to the polls and see how he votes1 he cannot be sure that his bribe is effective4 ,to make the precautions against bribery complete it will doubtless be necessary to add to the secret ballot the ,english system of accounting for election expenses4 ,all the funds used in an election must pass through the hands of a small local committee1 vouchers must be received for every penny that is expended1 and after the election an itemized account must be made out and its accuracy attested under oath before a notary public4 ,this system of accounting has put an end to bribery in ,england4#ch ,footnote #cf3 ,this is a brief description of the system lately adopted in ,massachusetts4 ,the penalty here mentioned is a fine not exceeding a thousand dollars1 or imprisonment not exceeding one year1 or both such fine and such imprisonment4 ,footnote #cg3 ,it is especially favourable to independence in voting1 if the lists of the candidates are placed in a single column1 without reference to party 7each name of course1 having the proper party designation1 ,rep41 ,dem41 ,prohib41 etc41 attached to it74 ,in such case it must necessarily take the voter some little time to find and mark each name for which he wishes to vote4 ,if1 however1 the names of the candidates are arranged according to their party1 all the ,republicans in one list1 all the ,democrats in another1 etc41 this arrangement is much less favourable to independence in voting and much less efficient as a check upon bribery2 because the man who votes a straight party ticket will make all his marks in a very short time1 while the scratcher1 or independent voter1 will consume much more time in selecting his names4 ,thus people interested in seeing whether a man is voting the straight party ticket or not can form an opinion from the length of time he spends in the booth4 ,it is1 therefore1 important that the names of all candidates should be printed in a single column4 ,footnote #ch3 ,an important step in this direction has been taken in the ,new ,york ,corrupt ,practices ,act of ,april1 #ahij4 ,see ,appendix ,j4 ,complaints of bribery and corruption have attracted especial attention in the ,united ,states during the past few years1 and it is highly creditable to the good sense of the people that measures of prevention have been so promptly adopted by so many states4 ,with an independent and uncorrupted ballot1 and the civil service taken out of politics1 all other reforms will become far more easily accomplished4 ,these ends will presently be attained4 ,popular government makes many mistakes1 and sometimes it is slow in finding them out2 but when once it has discovered them it has a way of correcting them4 ,it is the best kind of government in the world1 the most wisely conservative1 the most steadily progressive1 and the most likely to endure4 ,,questions ,,on ,,the ,,text4 #a4 ,what was a chief source of opposition to the new federal government8 #b4 ,what necessity for caution existed in devising methods to raise money8 #c4 ,hamilton's scheme of excise3-- a4 ,the things on which excise was laid4 b4 ,the unpopularity of the scheme4 c4 ,the ,whiskey ,insurrection4 d4 ,its suppression by ,washington4 #d4 ,hamilton's tariff scheme3-- a4 ,the class of things on which duties were placed4 b4 ,popular acquiescence in the plan4 c4 ,effect of diverting the stream of custom-house revenue from its old destination in the several state treasuries to its new destination in the federal treasury4 d4 ,direct taxation during the ,civil ,war4 e4 ,methods pursued since the ,civil ,war4 #e4 ,the origin of ,american political parties3-- a4 ,jefferson's objection to ,hamilton's policy4 b4 ,hamilton's defence of his policy4 c4 ,jefferson's view of the ,elastic ,clause4 d4 ,hamilton's view of the ,elastic ,clause4 e4 ,two names suggestive of an abiding antagonism in ,american politics4 f4 ,a view of the ,elastic ,clause that commends itself to all4 g4 ,the party of ,hamilton and its successors4 h4 ,the party of ,jefferson and its successor4 #f4 ,great practical questions that have divided parties3-- a4 ,the ,tariff4 b4 ,internal ,improvements4 c4 ,a ,national ,bank4 d4 ,the present attitude towards these three questions4 e4 ,the shifting of ground in arguing the tariff question4 f4 ,the reason for this change of base4 #g4 ,civil ,service reform3-- a4 ,the attitude of parties a few years ago4 b4 ,the present attitude of the same parties4 c4 ,a question not foreseen4 d4 ,the number of officers appointed4 e4 ,the non-political nature of their duties4 f4 ,the principles that should prevail in their selection and service4 #h4 ,the spoils system3-- a4 ,early appointive officers in ,new ,york and ,pennsylvania1 b4 ,the driving of good citizens out of politics4 c4 ,the character of the men called to the front4 d4 ,the effect on civil service and on politics4 #i4 ,rotation in office3-- a4 ,a new idea about government offices4 b4 ,crawford's law of #ahbj4 c4 ,failure to grasp its significance4 d4 ,jackson's course in #ahbi4 e4 ,removals from office down to ,jackson's time4 f4 ,removals during the first year of ,jackson's administration4 g4 ,origin of the phrase1 spoils system4 h4 ,promises and practice down to #ahhe4 i4 ,the evils conspicuous since the ,civil ,war4 #aj4 ,the ,civil ,service ,act of #ahhc4 a4 ,a board of examiners4 b4 ,competitive examination of candidates4 c4 ,the spread of the principles of the reform4 d4 ,the merit of the system4 e4 ,two old abuses stopped4 f4 ,further measures needed4 #aa4 ,the ,australian ballot system3-- a4 ,the object of this system4 b4 ,the printing of the ballots4 c4 ,what a ballot contains4 d4 ,ballots at the polling-places4 e4 ,the booths4 f4 ,the manner of voting4 g4 ,the advantages of the system4 h4 ,an additional precaution against bribery4 #ab4 ,what is the attitude of the people towards bribery and corruption8 #ac4 ,what reforms must be accomplished before others can make much headway8 ,,suggestive ,,questions ,,and ,,directions4 #a4 ,how much money is needed by the ,united ,states government for the expenses of a year8 ,how much is needed for the army1 the navy1 the interest on the public debt1 pensions1 rivers and harbours1 ordinary civil expenses1 etc48 7,answer for any recent year47 #b4 ,from what sources does the revenue come8 ,tell how much revenue each of the several sources has yielded in any recent year4 #c4 ,what is the origin of the word tariff8 #d4 ,what is meant by protection8 ,what is meant by free trade8 ,what is meant by a tariff for revenue only8 ,what is meant by reciprocity8 ,give illustrations4 #e4 ,what are some of the reasons assigned for protection8 #f4 ,what are some of the reasons assigned for free trade8 #g4 ,which policy prevails among the states themselves8 #h4 ,which policy prevails between the ,united ,states and other nations8 #i4 ,mention all the kinds of ,united ,states money in circulation4 ,bring into the class a national bank bill1 a gold certificate1 a silver certificate1 any piece that is used as money1 and inquire wherein its value lies1 what it can or cannot be used for1 what the ,united ,states will or will not give in exchange for it1 and whether it is worth its face in gold or not4 #aj4 ,is it right to buy silver at seventy-five cents and then put it into circulation stamped a dollar1 the ,government receiving the profit8 ,can you get a gold dollar for a silver one8 #aa4 ,is a promise to pay a dollar a real dollar8 ,may it be as good as a dollar8 ,if so1 under what conditions8 #ab4 ,if gold were as common as gravel1 what characteristics of it universally recognized would remain unchanged8 ,what would become of its purchasing power1 if it cost little or no labour to obtain it8 ,why is it accepted as a standard of value8 #ac4 ,during the ,civil ,war gold was said to fluctuate in value1 because it took two dollars of paper money1 sometimes more1 sometimes less1 to buy one dollar in gold4 ,where was the real changing8 ,what was the cause of it8 #ad4 ,what men are at the head of the national government at the present time8 7,think of the executive department and its primary divisions1 the legislative department1 and the judicial47 #ae4 ,what salaries are paid these officers8 ,compare ,american salaries with ,european salaries for corresponding high positions4 #af4 ,should a president serve a second term8 ,what is the advantage of such service8 ,what is the objection to it8 ,is a single term of six years desirable8 #ag4 ,ought the president to be elected directly by the people8 #ah4 ,name in order the persons entitled to succeed to the presidency in case of vacancy4 #ai4 ,who is your representative in ,congress8 #bj4 ,who are your senators in ,congress8 #ba4 ,what is the pay of members of ,congress8 ,who determines the compensation8 ,what is there to prevent lavish or improper pay8 #bb4 ,there is said to be log-rolling in legislation at times4 ,what is the nature of this practice8 ,is it right8 #bc4 ,is the senator or the representative of higher dignity8 ,why8 #bd4 ,why should members of ,congress be exempted from arrest in certain cases8 #be4 ,find authority in the ,constitution for various things that ,congress has done1 such as the following3-- a4 ,it has established a military academy at ,west ,point4 b4 ,it has given public lands to ,pacific railroads4 c4 ,it has authorized uniforms for letter carriers4 d4 ,it has ordered surveys of the coast4 e4 ,it has established the ,yellowstone ,national ,park4 f4 ,it has voted millions of dollars for pensions4 g4 ,it refused during the ,civil ,war to pay its promises with silver or gold4 h4 ,it bought ,alaska of ,russia4 i4 ,it has adopted exclusive measures towards the ,chinese4 #bf4 ,reverse the preceding exercise4 ,that is1 cite clauses of the ,constitution1 and tell what particular things ,congress has done because of such authority4 ,for example1 what specific things have been done under the following powers of ,congress8-- a4 ,to collect taxes4 b4 ,to regulate commerce with foreign nations4 c4 ,to coin money4 d4 ,to establish post-roads4 e4 ,to provide for the common defence4 f4 ,to provide for the general welfare4 #bg4 ,compare the strength of the national government to-day with its strength in the past4 #bh4 ,who are citizens according to the ,constitution8 ,is a woman a citizen8 ,is a child a citizen8 ,are ,indians citizens8 ,are foreigners residing in this country citizens8 ,are children born abroad of ,american parents citizens8 ,can one person be a citizen of two nations at the same time1 or of two states1 or of two towns8 ,explain4 #bi4 ,to what laws is an ,american vessel on the ocean subject8 #cj4 ,show how the interests and needs of the various sections of the country present wide differences4 ,compare mining sections with agricultural1 and both with manufacturing2 ,pacific states with ,atlantic2 ,northern states with ,southern4 ,what need of mutual consideration exists8 #ca4 ,name all the political divisions from the smallest to the greatest in which you live4 ,a ,cambridge 7,mass47 boy might1 for example1 say1 ,i live in the third precinct of the first ward1 in the first ,middlesex representative district1 the third ,middlesex senatorial district1 the third councillor district1 and the fifth congressional district4 ,my city is ,cambridge2 my county1 ,middlesex1 etc4 ,name the various persons who represent you in these several districts4 #cb4 ,may state and local officers exercise authority on ,united ,states government territory1 as1 for example1 within the limits of an arsenal or a custom-house8 ,may national government officers exercise authority in states and towns8 #cc4 ,what is a sovereign state8 ,is ,new ,york a sovereign state8 the ,united ,states8 the ,dominion of ,canada8 ,great ,britain8 ,explain4 #cd4 ,when sovereign nations disagree1 how can a settlement be effected8 ,what is the best way to settle such a disagreement8 ,illustrate from history the methods of negotiation1 of arbitration1 and of war4 #ce4 ,when two states of the ,federal ,union disagree1 what solution of the difficulty is possible8 99 99 99 99 99 ,,bibliographical ,,note4 ,,the ,,federal ,,union4--,for the origin of our federal constitution1 see ,bancroft's ,history of the ,united ,states1 final edition1 vol4 vi41 ,n4,y41 #ahhf2 ,curtis's ,history of the ,constitution1 #b vols41 ,n4,y41 #ahfa1 new edition1 vol4 i41 #ahhi2 and my ,critical ,period of ,american ,history1 ,boston1 #ahhh1 with copious references in the bibliographical note at the end4 ,once more we may refer advantageously to ,j4,h4,u4 ,studies1 ,,ii41 v4-vi41 ,h4,c4 ,adams1 ,taxation in the ,united ,states1 #aghi-ahaf2 ,,viii1 i4-ii41 ,a4,w4 ,small1 ,the ,beginnings of ,american ,nationality4 ,see also ,jameson's ,essays in the ,constitutional ,history of the ,united ,states in the ,formative ,period1 #agge-aghi1 ,boston1 #ahhi1 a very valuable book4 ,on the progress toward union during the colonial period1 see especially ,frothingham's ,rise of the ,republic of the ,united ,states1 ,boston1 #ahgb2 also ,scott's ,development of ,constitutional ,liberty in the ,english ,colonies of ,america1 ,n4,y41 #ahhb4 ,by far the ablest and most thorough book on the government of the ,united ,states that has ever been published is ,bryce's ,american ,commonwealth1 #b vols41 ,london and ,n4,y41 #ahhh4 ,no ,american citizen's education is properly completed until he has read the whole of it carefully4 ,in connection therewith1 the work of ,tocqueville1 ,democracy in ,america1 #b vols41 #fth ed41 ,boston1 #ahgf1 is interesting4 ,the ,scotchman describes and discusses the ,american commonwealth of to-day1 the ,frenchman that of sixty years ago4 ,there is an instructive difference in the methods of the two writers1 ,tocqueville being inclined to draw deductions from ingenious generalizations and to explain as natural results of democracy sundry ,american characteristics that require a different explanation4 ,his great work is admirably reviewed and criticised by ,bryce1 in the ,j4,h4,u4 ,studies1 ,v41 ix41 ,the ,predictions of ,hamilton and ,de ,tocqueville4 ,the following manuals may be recommended3 ,thorpe1 ,the ,government of the ,people of the ,united ,states1 ,phila41 #ahhi2 ,martin's ,text ,book on ,civil ,government in the ,united ,states1 ,n4,y4 and ,chicago1 #ahge 7written with special reference to ,massachusetts72 ,northam's ,manual of ,civil ,government1 ,syracuse1 #ahhg 7written with special reference to ,new ,york72 ,ford's ,american ,citizen's ,manual1 ,n4,y41 #ahhg2 ,rupert's ,guide to the ,study of the ,history and the ,constitution of the ,united ,states1 ,boston1 #ahhh2 ,andrews's ,manual of the ,constitution of the ,united ,states1 ,cincinnati1 #ahgd2 ,miss ,dawes1 ,how we are ,governed1 ,boston1 #ahhh2 ,macy1 ,our ,government3 ,how it ,grew1 ,what it ,does1 and ,how it ,does it1 ,boston1 #ahhg4 ,the last is especially good1 and mingles narrative with exposition in an unusually interesting way4 ,nordhoff's ,politics for ,young ,americans1 ,n4,y41 #ahhg1 is a book that ought to be read by all young ,americans for its robust and sound political philosophy4 ,it is suitable for boys and girls from twelve to fifteen years old4 ,c4,f4 ,dole's ,the ,citizen and the ,neighbour1 ,boston1 #ahhg1 is a suggestive and stimulating little book4 ,for a comparative survey of governmental institutions1 ancient and modern1 see ,woodrow ,wilson's ,the ,state3 ,elements of ,historical and ,practical ,politics1 ,boston1 #ahhi4 ,an enormous mass of matter is compressed into this volume1 and1 although it inevitably suffers somewhat from extreme condensation1 it is so treated as to be both readable and instructive4 ,the chapter on ,the ,state and ,federal ,governments of the ,united ,states has been published separately1 and makes a convenient little volume of #aca pages4 ,teachers should find much help in ,mac,alister's ,syllabus of a ,course of ,elementary ,instruction in ,united ,states ,history and ,civil ,government1 ,phila41 #ahhg4 ,the following books of the ,english ,citizen ,series1 published by ,macmillan ,co41 may often be profitably consulted3 ,m4,d4 ,chalmers1 ,local ,government2 ,h4,d4 ,traill1 ,central ,government2 ,f4,w4 ,maitland1 ,justice and ,police2 ,spencer ,walpole1 ,the ,electorate and the ,legislature2 ,a4,j4 ,wilson1 ,the ,national ,budget2 ,t4,h4 ,farrer1 ,the ,state in its ,relations to ,trade2 ,w4,s4 ,jevons1 ,the ,state in its ,relations to ,labour4 ,the works on the ,english ,constitution by ,stubbs1 ,gneist1 ,taswell-,langmead1 ,freeman1 and ,bagehot are indispensable to a thorough understanding of civil government in the ,united ,states3 ,stubbs1 ,constitutional ,history of ,england1 #c vols41 ,london1 #ahge-gh2 ,gneist1 ,history of the ,english ,constitution1 #b;d ed41 #b vols41 ,london1 #ahhi2 ,taswell-,langmead1 ,english ,constitutional ,history1 #c;d ed41 ,boston1 #ahhf2 ,freeman1 ,the ,growth of the ,english ,constitution1 ,london1 #ahgb2 ,bagehot1 ,the ,english ,constitution1 revised ed41 ,boston1 #ahgc4 ,an admirable book in this connection is ,hannis ,taylor's 7of ,alabama7 ,origin and ,growth of the ,english ,constitution1 ,boston1 #ahhi4 ,in connection with ,bagehot's ,english ,constitution the student may profitably read ,woodrow ,wilson's ,congressional ,government1 ,boston1 #ahhe1 and ,a4,l4 ,lowell's ,essays in ,government1 ,boston1 #ahij4 ,see also ,sir ,h4 ,maine1 ,popular ,government1 ,london1 #ahhf2 ,sir ,g4,c4 ,lewis on ,the ,use and ,abuse of ,certain ,political ,terms1 ,london1 #ahcb2 ,methods of ,observation and ,reasoning in ,politics1 #b vols41 ,london1 #aheb2 and ,dialogue on the ,best ,form of ,government1 ,london1 #ahfc4 ,among the most valuable books ever written on the proper sphere and duties of civil government are ,herbert ,spencer's ,social ,statics1 ,london1 #ahea2 ,the ,study of ,sociology1 #ith ed41 ,london1 #ahhj2 ,the ,man versus ,the ,state1 ,london1 #ahhd2 they are all reprinted by ,d4 ,appleton ,co41 ,new ,york4 ,the views expressed in ,social ,statics with regard to the tenure of land are regarded as unsound by many who are otherwise in entire sympathy with ,mr4 ,spencer's views1 and they are ably criticised in ,bonham's ,industrial ,liberty1 ,n4,y41 #ahhh4 ,a book of great merit1 which ought to be reprinted as it is now not easy to obtain1 is ,toulmin ,smith's ,local ,self-,government and ,centralization1 ,london1 #ahea4 ,its point of view is sufficiently indicated by the following admirable pair of maxims 7p4 #ab73-- ,,local ,,self-,,government is that system of ,government under which the greatest number of minds1 knowing the most1 and having the fullest opportunities of knowing it1 about the special matter in hand1 and having the greatest interest in its well-working1 have the management of it1 or control over it4 ,,centralization is that system of government under which the smallest number of minds1 and those knowing the least1 and having the fewest opportunities of knowing it1 about the special matter in hand1 and having the smallest interest in its well-working1 have the management of it1 or control over it4 ,an immense amount of wretched misgovernment would be avoided if all legislators and all voters would engrave these wholesome definitions upon their minds4 ,in connection with the books just mentioned much detailed and valuable information may be found in the collections of essays edited by ,j4,w4 ,probyn1 ,local ,government and ,taxation in various countries1 ,london1 #ahge2 ,local ,government and ,taxation in the ,united ,kingdom1 ,london1 #ahhb4 ,see also ,r4,t4 ,ely's ,taxation in ,american ,states and ,cities1 ,n4,y41 #ahhi4 ,the most elaborate work on our political history is that of ,hermann von ,holst1 ,constitutional and ,political ,history of the ,united ,states1 translated from the ,german by ,j4,j4 ,lalor1 vols4 i4-vi4 7#aghg-ahei71 ,chicago1 #ahgg-hi4 ,in spite of a somewhat too pronounced partisan bias1 its value is great4 ,see also ,schouler's ,history of the ,united ,states under the ,constitution1 vols4 i4-iv4 7#aghc-ahdg71 new ed41 ,n4,y41 #ahij4 ,the most useful handbook1 alike for teachers and for pupils1 is ,alexander ,johnston's ,history of ,american ,politics1 #b;d ed41 ,n4,y41 #ahhb4 ,the ,united ,states1 ,n4,y41 #ahhi1 by the same author1 is also excellent4 ,every school should possess a copy of ,lalor's ,cyclopaedia of ,political ,science1 ,political ,economy1 and the ,political ,history of the ,united ,states1 #c vols41 ,chicago1 #ahhb-hd4 ,the numerous articles in it relating to ,american history are chiefly by ,alexander ,johnston1 whose mastery of his subject was simply unrivalled4 ,his death in #ahhi1 at the early age of forty1 must be regarded as a national calamity4 ,for a manual of constitutional law1 ,cooley's ,general ,principles of ,constitutional ,law in the ,united ,states of ,america1 ,boston1 #ahhj1 is to be recommended4 ,the reader may fitly supplement his general study of civil government by the little book of ,e4,p4 ,dole1 ,talks about ,law3 a ,popular ,statement of ,what our ,law is and ,how it is to be ,administered1 ,boston1 #ahhg4 ,in connection with the political history1 ,stanwood's ,history of ,presidential ,elections1 #b;d ed41 ,boston1 #ahhh1 will be found useful4 ,see also ,lawton's ,american ,caucus ,system1 ,n4,y41 #ahhe4 ,on the general subject of civil service reform1 see ,eaton's ,civil ,service in ,great ,britain3 a ,history of ,abuses and ,reforms1 and their ,bearing upon ,american ,politics1 ,n4,y41 #ahhj4 ,comstock's ,civil ,service in the ,united ,states1 ,n4,y41 #ahhe1 is a catalogue of offices1 with full account of civil service rules1 examinations1 specimens of examination papers1 etc42 also some of the state rules1 as in ,new ,york1 ,massachusetts1 etc4 99 99 99 99 99 ,i would here call attention to some publications by the ,directors of the ,old ,south ,studies in ,history and ,politics1--first1 ,the ,constitution of the ,united ,states1 with ,historical and ,bibliographical ,notes and ,outlines1 for ,study1 prepared by ,e4,d4 ,mead 7sold by ,d4,c4 ,heath and ,co41 ,boston1 for #be cents72 secondly1 the ,old ,south ,leaflets1 furnished to schools and the trade by the same publishers1 at #e cents a copy or #c4jj a hundred4 ,these leaflets are for the most part reprints of important original papers1 furnished with valuable historical and bibliographical notes4 ,the eighteen issued up to this time 7,july1 #ahij7 are as follows3 #a4 ,the ,constitution of the ,united ,states2 #b4 ,the ,articles of ,confederation2 #c4 ,the ,declaration of ,independence2 #d4 ,washington's ,farewell ,address2 #e4 ,magna ,charta2 #f4 ,vane's ,healing ,question2 #g4 ,charter of ,massachusetts ,bay1 #afbi2 #h4 ,fundamental ,orders of ,connecticut1 #afci2 #i4 ,franklin's ,plan of ,union1 #aged2 #aj4 ,washington's ,inaugurals2 #aa4 ,lincoln's ,inaugurals and ,emancipation ,proclamation2 #ab4 ,the ,federalist1 ,nos4 #a and #b2 #ac4 ,the ,ordinance of #aghg2 #ad4 ,the ,constitution of ,ohio2 #ae4 ,washington's ,legacy2 #af4 ,washington's ,letter to ,benjamin ,harrison1 ,governor of ,virginia1 on the ,opening of ,communication with the ,west2 #ag4 ,verrazano's ,voyage1 #aebd2 #ah4 ,federal ,constitution of the ,swiss ,confederation4 ,howard ,preston's ,documents ,illustrative of ,american ,history1 ,n4,y41 #ahhf1 contains the following3 ,first ,virginia ,charter1 #afjf2 ,second ,virginia ,charter1 #afji2 ,third ,virginia ,charter1 #afab2 ,mayflower ,compact1 #afbj2 ,massachusetts ,charter1 #afbi2 ,maryland ,charter1 #afcb2 ,fundamental ,orders of ,connecticut1 #afci2 ,new ,england ,confederation1 #afdc2 ,connecticut ,charter1 #affb2 ,rhode ,island ,charter1 #affc2 ,pennsylvania ,charter1 #afha2 ,perm's ,plan of ,union1 #afig2 ,georgia ,charter1 #agcb2 ,franklin's ,plan of ,union1 #aged2 ,declaration of ,rights1 #agfe2 ,declaration of ,rights1 #aggd2 ,non-,importation ,agreement1 #aggd2 ,virginia ,bill of ,rights1 #aggf2 ,declaration of ,independence1 #aggf2 ,articles of ,confederation1 #aggg2 ,treaty of ,peace1 #aghc2 ,northwest ,ordinance1 #aghg2 ,constitution of the ,united ,states1 #aghg2 ,alien and ,sedition ,laws1 #agih2 ,virginia ,resolutions1 #agih2 ,kentucky ,resolutions1 #agih2 ,kentucky ,resolutions1 #agii2 ,nullification ,ordinance1 #ahcb2 ,ordinance of ,secession1 #ahfj2 ,south ,carolina ,declaration of ,independence1 #ahfj2 ,emancipation ,proclamation1 #ahfc4 ,see also ,poore's ,federal and ,state ,constitutions1 ,colonial ,charters1 and other ,organic ,laws of the ,united ,states1 #b vols41 ,washington1 #ahgg4 ,the series of essays entitled ,the ,federalist1 written by ,hamilton1 ,madison1 and ,jay1 in #aghg-hh1 while the ratification of the ,constitution was in question1 will always remain indispensable as an introduction to the thorough study of the principles upon which our federal government is based4 ,the most recent edition is by ,h4,c4 ,lodge1 ,n4,y41 #ahhh4 ,for the systematic and elaborate study of the ,constitution1 see ,foster's ,references to the ,constitution of the ,united ,states1 a little pamphlet of #ej pages published by the ,society for ,political ,education1 #ccj ,pearl ,st41 ,new ,york1 #ahij1 price #be cents4 ,the student who should pursue to the end the line of research marked out in this pamphlet ought thereby to become quite an authority on the subject4 ,for very pleasant and profitable reading1 in connection with the formation and interpretation of the ,constitution1 and the political history of our country from #agfc to #ahej1 we have the ,american ,statesmen ,series1 edited by ,j4,t4 ,morse1 and published by ,houghton1 ,mifflin ,co41 ,boston1 #ahhb-ij3 ,benjamin ,franklin1 by ,j4,t4 ,morse2 ,patrick ,henry1 by ,m4,c4 ,tyler2 ,samuel ,adams1 by ,j4,k4 ,hosmer2 ,george ,washington1 by ,h4,c4 ,lodge1 #b vols42 ,john ,adams and ,thomas ,jefferson1 by ,j4,t4 ,morse2 ,alexander ,hamilton1 by ,h4,c4 ,lodge2 ,gouverneur ,morris1 by ,t4 ,roosevelt2 ,james ,madison1 by ,s4,h4 ,gay2 ,james ,monroe by ,d4,c4 ,gilman2 ,albert ,gallatin1 by ,j4,a4 ,stevens2 ,john ,randolph1 by ,h4 ,adams2 ,john ,jay1 by ,g4 ,pellew2 ,john ,marshall1 by ,a4,b4 ,magruder2 ,john ,quincy ,adams1 by ,j4,t4 ,morse2 ,john ,c4 ,calhoun1 by ,h4 von ,holst2 ,andrew ,jackson1 by ,w4,g4 ,sumner2 ,martin ,van ,buren1 by ,e4,m4 ,shepard2 ,henry ,clay1 by ,c4 ,schurz1 #b vols42 ,daniel ,webster1 by ,h4,c4 ,lodge2 ,thomas ,h1 ,benton1 by ,t4 ,roosevelt4 ,in connection with the questions on page #bfi relating to tariff1 currency1 etc41 references to some works on political economy are needed4 ,the arguments in favour of protectionism are set forth in ,bowen's ,american ,political ,economy1 last ed41 ,n4,y41 #ahgj2 the arguments in favour of free trade are set forth in ,perry's ,political ,economy1 #aith ed41 ,n4,y41 #ahhg2 and for an able and impartial historical survey1 ,taussig's ,tariff ,history of the ,united ,states1 ,n4,y41 #ahhh1 may be recommended4 ,for a lucid view of currency1 see ,jevons's ,money and the ,mechanism of ,exchange1 ,n4,y41 #ahge4 ,a useful work on the ,australian method of voting is ,wigmore's ,the ,australian ,ballot ,system1 #b;d ed41 ,boston1 #ahij4 ,in connection with some of the questions on page #bga1 the student may profitably consult ,woolsey's ,international ,law1 #eth ed41 ,n4,y41 #ahgi4 ,,note ,,to ,,page #bbf4 ,by the act of ,february #c1 #ahhg1 the second ,monday in ,january is fixed for the meeting of the electoral colleges in all the states4 ,the provisions relating to the first ,wednesday in ,january are repealed4 ,the interval between the second ,monday in ,january and the second ,wednesday in ,february remains available for the settlement of disputed questions4 ,,note ,,to ,,page #bej4 ,in order to relieve the supreme court of the ,united ,states1 which had come to be overburdened with business1 a new court1 with limited appellate jurisdiction1 called the circuit court of appeals1 was organized in #ahib4 ,it consists primarily of nine appeal judges1 one for each of the nine circuits4 ,for any given circuit the supreme court justice of the circuit1 the appeal judge of the circuit1 and the circuit judge constitute the court of appeal4 ,,appendix ,a4 ,,the ,,articles ,,of ,,confederation4 ,articles of ,confederation and ,perpetual ,union between the ,states of ,new ,hampshire1 ,massachusetts ,bay1 ,rhode ,island and ,providence ,plantations1 ,connecticut1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 ,delaware1 ,maryland1 ,virginia1 ,north ,carolina1 ,south ,carolina1 and ,georgia4 ,,article ,i4--,the style of this ,confederacy shall be1 ,the ,united ,states of ,america4 ,,art4 ,,ii4--,each ,state retains its sovereignty1 freedom1 and independence1 and every power1 jurisdiction1 and right1 which is not by this ,confederation expressly delegated to the ,united ,states in ,congress assembled4 ,,art4 ,,iii4--,the said ,states hereby severally enter into a firm league of friendship with each other1 for their common defence1 the security of their liberties1 and their mutual and general welfare1 binding themselves to assist each other against all force offered to1 or attacks made upon them1 or any of them1 on account of religion1 sovereignty1 trade1 or any other pretence whatever4 ,,art4 ,,iv4--,the better to secure and perpetuate mutual friendship and intercourse among the people of the different ,states in this ,union1 the free inhabitants of each of these ,states1 paupers1 vagabonds1 and fugitives from justice excepted1 shall be entitled to all privileges and immunities of free citizens in the several ,states2 and the people of each ,state shall have free ingress and egress to and from any other ,state1 and shall enjoy therein all the privileges of trade and commerce subject to the same duties1 impositions1 and restrictions as the inhabitants thereof respectively2 provided that such restrictions shall not extend so far as to prevent the removal of property imported into any ,state to any other ,state of which the owner is an inhabitant2 provided also1 that no imposition1 duties1 or restriction shall be laid by any ,state on the property of the ,united ,states or either of them4 ,if any person guilty of1 or charged with1 treason1 felony1 or other high misdemeanour in any ,state shall flee from justice and be found in any of the ,united ,states1 he shall1 upon demand of the governor or executive power of the ,state from which he fled1 be delivered up and removed to the ,state having jurisdiction of his offense4 ,full faith and credit shall be given in each of these ,states to the records1 acts1 and judicial proceedings of the courts and magistrates of every other ,state4 ,,art4 ,v4--,for the more convenient management of the general interests of the ,united ,states1 delegates shall be annually appointed in such manner as the ,legislature of each ,state shall direct1 to meet in ,congress on the first ,monday in ,november1 in every year1 with a power reserved to each ,state to recall its delegates1 or any of them1 at any time within the year1 and to send others in their stead for the remainder of the year4 ,no ,state shall be represented in ,congress by less than two1 nor by more than seven members2 and no person shall be capable of being a delegate for more than three years in any term of six years2 nor shall any person1 being a delegate1 be capable of holding any office under the ,united ,states for which he1 or another for his benefit1 receives any salary1 fees1 or emolument of any kind4 ,each ,state shall maintain its own delegates in any meeting of the ,states and while they act as members of the ,committee of the ,states4 ,in determining questions in the ,united ,states1 in ,congress assembled1 each ,state shall have one vote4 ,freedom of speech and debate in ,congress shall not be impeached or questioned in any court or place out of ,congress2 and the members of ,congress shall be protected in their persons from arrests and imprisonment during the time of their going to and from1 and attendance on1 ,congress1 except for treason1 felony1 or breach of the peace4 ,,art4 ,,vi4--,no ,state1 without the consent of the ,united ,states1 in ,congress assembled1 shall send any embassy to1 or receive any embassy from1 or enter into any conference1 agreement1 alliance1 or treaty with any king1 prince1 or state2 nor shall any person holding any office of profit or trust under the ,united ,states1 or any of them1 accept of any present1 emolument1 office1 or title of any kind whatever from any king1 prince1 or foreign state2 nor shall the ,united ,states1 in ,congress assembled1 or any of them1 grant any title of nobility4 ,no two or more ,states shall enter into any treaty1 confederation1 or alliance whatever between them1 without the consent of the ,united ,states1 in ,congress assembled1 specifying accurately the purposes for which the same is to be entered into1 and how long it shall continue4 ,no ,state shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the ,united ,states1 in ,congress assembled1 with any king1 prince1 or state1 in pursuance of any treaties already proposed by ,congress to the courts of ,france and ,spain4 ,no vessel of war shall be kept up in time of peace by any ,state1 except such number only as shall be deemed necessary by the ,united ,states1 in ,congress assembled1 for the defence of such ,state or its trade1 nor shall any body of forces be kept up by any ,state in time of peace1 except such number only as1 in the judgment of the ,united ,states1 in ,congress assembled1 shall be deemed requisite to garrison the forts necessary for the defence of such ,state2 but every ,state shall always keep up a well-regulated and disciplined militia1 sufficiently armed and accoutered1 and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents1 and a proper quantity of arms1 ammunition1 and camp equipage4 ,no ,state shall engage in any war without the consent of the ,united ,states1 in ,congress assembled1 unless such ,state be actually invaded by enemies1 or shall have received certain advice of a resolution being formed by some nation of ,indians to invade such ,state1 and the danger is so imminent as not to admit of a delay till the ,united ,states1 in ,congress assembled1 can be consulted2 nor shall any ,state grant commissions to any ships or vessels of war1 nor letters of marque or reprisal1 except it be after a declaration of war by the ,united ,states1 in ,congress assembled1 and then only against the kingdom or state1 and the subjects thereof1 against which war has been so declared1 and under such regulations as shall be established by the ,united ,states1 in ,congress assembled1 unless such ,state be infested by pirates1 in which case vessels of war may be fitted out for that occasion1 and kept so long as the danger shall continue1 or until the ,united ,states1 in ,congress assembled1 shall determine otherwise4 ,,art4 ,,vii4--,when land forces are raised by any ,state for the common defence1 all officers of or under the rank of ,colonel shall be appointed by the ,legislature of each ,state respectively by whom such forces shall be raised1 or in such manner as such ,state shall direct1 and all vacancies shall be filled up by the ,state which first made the appointment4 ,,art4 ,,viii4--,all charges of war1 and all other expenses that shall be incurred for the common defence1 or general welfare1 and allowed by the ,united ,states1 in ,congress assembled1 shall be defrayed out of a common treasury1 which shall be supplied by the several ,states in proportion to the value of all land within each ,state1 granted to1 or surveyed for1 any person1 as such land and the buildings and improvements thereon shall be estimated1 according to such mode as the ,united ,states1 in ,congress assembled1 shall1 from time to time1 direct and appoint4 ,the taxes for paying that proportion shall be laid and levied by the authority and direction of the ,legislatures of the several ,states1 within the time agreed upon by the ,united ,states1 in ,congress assembled4 ,,art4 ,,ix4--,the ,united ,states1 in ,congress assembled1 shall have the sole and exclusive right and power of determining on peace and war1 except in the cases mentioned in the sixth ,article2 of sending and receiving ambassadors2 entering into treaties and alliances1 provided that no treaty of commerce shall be made1 whereby the legislative power of the respective ,states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to1 or from prohibiting the exportation or importation of any species of goods or commodities whatever2 of establishing rules for deciding1 in all cases1 what captures on land and water shall be legal1 and in what manner prizes taken by land or naval forces in the service of the ,united ,states shall be divided or appropriated2 of granting letters of marque and reprisal in times of peace2 appointing courts for the trial of piracies and felonies committed on the high seas2 and establishing courts for receiving and determining finally appeals in all cases of captures2 provided that no member of ,congress shall be appointed a judge of any of the said courts4 ,the ,united ,states1 in ,congress assembled1 shall also be the last resort on appeal in all disputes and differences now subsisting1 or that hereafter may arise between two or more ,states concerning boundary jurisdiction1 or any other cause whatever2 which authority shall always be exercised in the manner following3 ,whenever the legislative or executive authority1 or lawful agent of any ,state in controversy with another1 shall present a petition to ,congress1 stating the matter in question1 and praying for a hearing1 notice thereof shall be given by order of ,congress to the legislative or executive authority of the other ,state in controversy1 and a day assigned for the appearance of the parties by their lawful agents1 who shall then be directed to appoint1 by joint consent1 commissioners or judges to constitute a court for hearing and determining the matter in question2 but if they cannot agree1 ,congress shall name three persons out of each of the ,united ,states1 and from the list of such persons each party shall alternately strike out one1 the petitioners beginning1 until the number shall be reduced to thirteen2 and from that number not less than seven nor more than nine names1 as ,congress shall direct1 shall1 in the presence of ,congress1 be drawn out by lot2 and the persons whose names shall be so drawn1 or any five of them1 shall be commissioners or judges1 to hear and finally determine the controversy1 so always as a major part of the judges who shall hear the cause shall agree in the determination2 and if either party shall neglect to attend at the day appointed1 without showing reasons which ,congress shall judge sufficient1 or being present1 shall refuse to strike1 the ,congress shall proceed to nominate three persons out of each ,state1 and the secretary of ,congress shall strike in behalf of such party absent or refusing2 and the judgment and sentence of the court1 to be appointed in the manner before prescribed1 shall be final and conclusive2 and if any of the parties shall refuse to submit to the authority of such court1 or to appear or defend their claim or cause1 the court shall nevertheless proceed to pronounce sentence or judgment1 which shall in like manner be final and decisive2 the judgment or sentence and other proceedings being in either case transmitted to ,congress1 and lodged among the acts of ,congress for the security of the parties concerned2 provided1 that every commissioner1 before he sits in judgment1 shall take an oath1 to be administered by one of the judges of the supreme or superior court of the ,state where the cause shall be tried1 well and truly to hear and determine the matter in question1 according to the best of his judgment1 without favour1 affection1 or hope of reward4 ,provided1 also1 that no ,state shall be deprived of territory for the benefit of the ,united ,states4 ,all controversies concerning the private right of soil claimed under different grants of two or more ,states1 whose jurisdictions1 as they may respect such lands1 and the ,states which passed such grants are adjusted1 the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction1 shall1 on the petition of either party to the ,congress of the ,united ,states1 be finally determined1 as near as may be1 in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different ,states4 ,the ,united ,states1 in ,congress assembled1 shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority1 or by that of the respective ,states2 fixing the standard of weights and measures throughout the ,united ,states2 regulating the trade and managing all affairs with the ,indians1 not members of any of the ,states2 provided that the legislative right of any ,state1 within its own limits1 be not infringed or violated2 establishing and regulating post-offices from one ,state to another1 throughout all the ,united ,states1 and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office2 appointing all officers of the land forces in the service of the ,united ,states1 excepting regimental officers2 appointing all the officers of the naval forces1 and commissioning all officers whatever in the service of the ,united ,states2 making rules for the government and regulation of the said land and naval forces1 and directing their operations4 ,the ,united ,states1 in ,congress assembled1 shall have authority to appoint a committee1 to sit in the recess of ,congress1 to be denominated ,a ,committee of the ,states1 and to consist of one delegate from each ,state1 and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the ,united ,states under their direction2 to appoint one of their number to preside2 provided that no person be allowed to serve in the office of president more than one year in any term of three years2 to ascertain the necessary sums of money to be raised for the service of the ,united ,states1 and to appropriate and apply the same for defraying the public expenses2 to borrow money or emit bills on the credit of the ,united ,states1 transmitting every half year to the respective ,states an account of the sums of money so borrowed or emitted2 to build and equip a navy2 to agree upon the number of land forces1 and to make requisitions from each ,state for its quota1 in proportion to the number of white inhabitants in such ,state1 which requisition shall be binding2 and thereupon the ,legislature of each ,state shall appoint the regimental officers1 raise the men1 and clothe1 arm1 and equip them in a soldier-like manner1 at the expense of the ,united ,states2 and the officers and men so clothed1 armed1 and equipped shall march to the place appointed1 and within the time agreed on by the ,united ,states1 in ,congress assembled2 but if the ,united ,states1 in ,congress assembled1 shall1 on consideration of circumstances1 judge proper that any ,state should not raise men1 or should raise a smaller number than its quota1 and that any other ,state should raise a greater number of men than the quota thereof1 such extra number shall be raised1 officered1 clothed1 armed1 and equipped in the same manner as the quota of such ,state1 unless the ,legislature of such ,state shall judge that such extra number cannot be safely spared out of the same1 in which case they shall raise1 officer1 clothe1 arm1 and equip as many of such extra number as they judge can be safely spared1 and the officers and men so clothed1 armed1 and equipped shall march to the place appointed1 and within the time agreed on by the ,united ,states1 in ,congress assembled4 ,the ,united ,states1 in ,congress assembled1 shall never engage in a war1 nor grant letters of marque and reprisal in time of peace1 nor enter into any treaties or alliances1 nor coin money1 nor regulate the value thereof1 nor ascertain the sums and expenses necessary for the defense and welfare of the ,united ,states1 or any of them1 nor emit hills1 nor borrow money on the credit of the ,united ,states1 nor appropriate money1 nor agree upon the number of vessels of war to be built or purchased1 or the number of land or sea forces to be raised1 nor appoint a commander-in-chief of the army or navy1 unless nine ,states assent to the same1 nor shall a question on any other point1 except for adjourning from day to day1 be determined1 unless by the votes of a majority of the ,united ,states1 in ,congress assembled4 ,the ,congress of the ,united ,states shall have power to adjourn to any time within the year1 and to any place within the ,united ,states1 so that no period of adjournment be for a longer duration than the space of six months1 and shall publish the journal of their proceedings monthly1 except such parts thereof relating to treaties1 alliances1 or military operations as in their judgment require secrecy2 and the yeas and nays of the delegates of each ,state1 ion any question1 shall be entered on the journal when it is desired by any delegate2 and the delegates of a ,state1 or any of them1 at his or their request1 shall be furnished with a transcript of the said journal except such parts as are above excepted1 to lay before the ,legislatures of the several ,states4 ,art4 ,x4--,the ,committee of the ,states1 or any nine of them1 shall be authorized to execute1 in the recess of ,congress1 such of the powers of ,congress as the ,united ,states1 in ,congress assembled1 by the consent of nine ,states1 shall1 from time to time1 think expedient to vest them with2 provided that no power be delegated to the said ,committee1 for the exercise of which1 by the ,articles of ,confederation1 the voice of nine ,states in the ,congress of the ,united ,states assembled is requisite4 ,art4 ,,xi4--,canada1 acceding to this ,confederation1 and joining in the measures of the ,united ,states1 shall he admitted into1 and entitled to all the advantages of this ,union2 but no other colony shall be admitted into the same1 unless such admission be agreed to by nine ,states4 ,art4 ,,xii4--,all bills of credit emitted1 moneys borrowed1 and debts contracted by or under the authority of ,congress1 before the assembling of the ,united ,states1 in pursuance of the present ,confederation1 shall be deemed and considered as a charge against the ,united ,states1 for payment and satisfaction whereof the said ,united ,states and the public faith are hereby solemnly pledged4 ,art4 ,,xiii4--,every ,state shall abide by the determinations of the ,united ,states1 in ,congress assembled1 on all questions which by this ,confederation are submitted to them4 ,and the ,articles of this ,confederation shall be inviolably observed by every ,state1 and the ,union shall be perpetual2 nor shall any alteration at any time hereafter be made in any of them1 unless such alteration be agreed to in a ,congress of the ,united ,states1 and be afterwards confirmed by the ,legislatures of every ,state4 ,and whereas it hath pleased the great ,governor of the world to incline the hearts of the ,legislatures we respectively represent in ,congress to approve of1 and to authorize us to ratify1 the said ,articles of ,confederation and perpetual ,union1 know ye1 that we1 the undersigned delegates1 by virtue of the power and authority to us given for that purpose1 do1 by these presents1 in the name and in behalf of our respective constituents1 fully and entirely ratify and confirm each and every of the said ,articles of ,confederation and perpetual ,union1 and all and singular the matters and things therein contained4 ,and we do further solemnly plight and engage the faith of our respective constituents1 that they shall abide by the determinations of the ,united ,states1 in ,congress assembled1 on all questions which by the said ,confederation are submitted to them2 and that the ,articles thereof shall be inviolably observed by the ,states we respectively represent1 and that the ,union shall be perpetual4 ,in witness whereof we have hereunto set our hands in ,congress4 ,done at ,philadelphia in the ,state of ,pennsylvania the ninth day of ,july in the year of our ,lord one thousand seven hundred and seventy-eight1 and in the third year of the independence of ,america4 99 99 99 99 99 ,,appendix ,b4 ,,the ,,constitution ,,of ,,the ,,united ,,states4 ,,preamble4#a ,we1 the people of the ,united ,states1 in order to form a more perfect union1 establish justice1 insure domestic tranquillity1 provide for the common defence1 promote the general welfare1 and secure the blessings of liberty to ourselves and oar posterity1 do ordain and establish this ,constitution for the ,united ,states of ,america4 ,,article ,i4 ,,legislative ,,department4#b ,footnote #a3 ,compare this ,preamble with ,confed4 ,art4 ,i4 and ,,iii4 ,footnote #b3 ,compare ,art4 ,i4 ,sections i4-vii4 with ,confed4 ,art4 ,v4 ,section ,i4 ,congress in ,general4 ,all legislative powers herein granted shall be vested in a ,congress of the ,united ,states1 which shall consist of a ,senate and ,house of ,representatives4 ,section ,,ii4 ,house of ,representatives4 #a4 ,the ,house of ,representatives shall be composed of members chosen every second year by the people of the several ,states1 and the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 #b4 ,no person shall be a ,representative who shall not have attained the age of twenty-five years1 and been seven years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state in which he shall be chosen4 #c4 ,representatives and direct taxes shall be apportioned among the several ,states which may be included within this ,union1 according to their respective numbers1 which shall be determined by adding to the whole number of free persons1 including those bound to service for a term of years1 and excluding ,indians not taxed1 three fifths of all other persons4 ,the actual enumeration shall be made within three years after the first meeting of the ,congress of the ,united ,states1 and within every subsequent term of ten years1 in such manner as they shall by law direct4 ,the number of ,representatives shall not exceed one for every thirty thousand1 but each ,state shall have at least one ,representative2 and until such enumeration shall be made1 the ,state of ,new ,hampshire shall be entitled to choose three1 ,massachusetts eight1 ,rhode ,island and ,providence ,plantations one1 ,connecticut five1 ,new ,york six1 ,new ,jersey four1 ,pennsylvania eight1 ,delaware one1 ,maryland six1 ,virginia ten1 ,north ,carolina five1 ,south ,carolina five1 and ,georgia three4 #d4 ,when vacancies happen in the representation from any ,state1 the executive authority thereof shall issue writs of election to fill such vacancies4 #e4 ,the ,house of ,representatives shall choose their ,speaker and other officers1 and shall have the sole power of impeachment4 ,section ,,iii4 ,senate4 #a4 ,the ,senate of the ,united ,states shall be composed of two ,senators from each ,state1 chosen by the legislature thereof1 for six years2 and each ,senator shall have one vote4 #b4 ,immediately after they shall be assembled in consequence of the first election1 they shall be divided as equally as may be into three classes4 ,the seats of the ,senators of the first class shall be vacated at the expiration of the second year2 of the second class1 at the expiration of the fourth year1 and of the third class1 at the expiration of the sixth year1 so that one third may be chosen every second year2 and if vacancies happen by resignation or otherwise during the recess of the legislature of any ,state1 the executive thereof may make temporary appointments until the next meeting of the legislature1 which shall then fill such vacancies4 #c4 ,no person shall be a ,senator who shall not have attained to the age of thirty years1 and been nine years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state for which he shall be chosen4 #d4 ,the ,vice-,president of the ,united ,states shall be ,president of the ,senate1 but shall have no vote1 unless they be equally divided4 #e4 ,the ,senate shall choose their other officers1 and also a ,president pro tempore in the absence of the ,vice-,president1 or when he shall exercise the office of ,president of the ,united ,states4 #f4 ,the ,senate shall have the sole power to try all impeachments4 ,when sitting for that purpose1 they shall be on oath or affirmation4 ,when the ,president of the ,united ,states is tried1 the ,chief ,justice shall preside3 and no person shall be convicted without the concurrence of two thirds of the members present4 #g4 ,judgment in cases of impeachment shall not extend further than to removal from office1 and disqualification to hold and enjoy any office of honour1 trust1 or profit under the ,united ,states2 but the party convicted shall1 nevertheless1 be liable and subject to indictment1 trial1 judgment1 and punishment1 according to law4 ,section ,,iv4 ,both ,houses4 #a4 ,the times1 places1 and manner of holding elections for ,senators and ,representatives shall be prescribed in each ,state by the legislature thereof2 but the ,congress may at any time by law make or alter such regulations1 except as to the places of choosing ,senators4 #b4 ,the ,congress shall assemble at least once in every year1 and such meeting shall be on the first ,monday in ,december1 unless they shall by law appoint a different day4 ,section ,v4 ,the ,houses ,separately4 #a4 ,each house shall be the judge of the elections1 returns1 and qualifications of its own members1 and a majority of each shall constitute a quorum to do business2 but a smaller number may adjourn from day to day1 and may be authorized to compel the attendance of absent members1 in such manner1 and under such penalties1 as each house may provide4 #b4 ,each house may determine the rules of its proceedings1 punish its members for disorderly behaviour1 and with the concurrence of two thirds1 expel a member4 #c4 ,each house shall keep a journal of its proceedings1 and from to time publish the same1 excepting such parts as may in their judgment require secrecy1 and the yeas and nays of the members of either house on any question shall1 at the desire of one fifth of those present1 be entered on the journal4 #d4 ,neither house1 during the session of ,congress1 shall1 without the consent of the other1 adjourn for more than three days1 nor to any other place than that in which the two houses shall be sitting4 ,section ,,vi4 ,privileges and ,disabilities of ,members4 #a4 ,the ,senators and ,representatives shall receive a compensation for their services1 to be ascertained by law and paid out of the ,treasury of the ,united ,states4 ,they shall1 in all cases except treason1 felony1 and breach of the peace1 be privileged from arrest during their attendance at the session of their respective houses1 and in going to and returning from the same2 and for any speech or debate in either house they shall not be questioned in any other place4 #b4 ,no ,senator or ,representative shall1 during the time for which he was elected1 be appointed to any civil office under the authority of the ,united ,states1 which shall have been created1 or the emoluments whereof shall have been increased during such time2 and no person holding any office under the ,united ,states shall be a member of either house during his continuance in office4 ,section ,,vii4 ,mode of ,passing ,laws4 #a4 ,all bills for raising revenue shall originate in the ,house of ,representatives2 but the ,senate may propose or concur with amendments as on other bills4 #b4 ,every bill which shall have passed the ,house of ,representatives and the ,senate shall1 before it become a law1 be presented to the ,president of the ,united ,states2 if he approve he shall sign it1 but if not he shall return it1 with his objections1 to that house in which it shall have originated1 who shall enter the objections at large on their journal and proceed to reconsider it4 ,if after such reconsideration two thirds of that house shall agree to pass the bill1 it shall be sent1 together with the objections1 to the other house1 by which it shall likewise be reconsidered1 and if approved by two thirds of that house it shall become a law4 ,but in all such cases the votes of both houses shall be determined by yeas and nays1 and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively4 ,if any bill shall not be returned by the ,president within ten days 7,sundays excepted7 after it shall have been presented to him1 the same shall be a law1 in like manner as if he had signed it1 unless the ,congress by their adjournment prevent its return1 in which case it shall not be a law4 #c4 ,every order1 resolution1 or vote to which the concurrence of the ,senate and ,house of ,representatives may be necessary 7except on a question of adjournment7 shall be presented to the ,president of the ,united ,states2 and before the same shall take effect1 shall be approved by him1 or being disapproved by him1 shall be repassed by two thirds of the ,senate and ,house of ,representatives1 according to the rules and limitations prescribed in the case of a bill4 ,section ,,viii4 ,powers granted to ,congress4#c ,footnote #c3 ,compare ,sections viii4 and ix4 with ,confed4 ,art4 ,,ix42 clause #a of ,section viii with ,confed4 ,art4 ,,viii2 and clause #ab of ,section viii4 with ,confed4 ,art4 ,,vii4 ,the ,congress shall have1 power3 #a4 ,to lay and collect taxes1 duties1 imposts1 and excises1 to pay the debts and provide for the common defense and general welfare of the ,united ,states2 but all duties1 imposts1 and excises shall be uniform throughout the ,united ,states2 #b4 ,to borrow money on the credit of the ,united ,states2 #c4 ,to regulate commerce with foreign nations and among the several ,states1 and with the ,indian tribes2 #d4 ,to establish an uniform rule of naturalization1 and uniform laws on the subject of bankruptcies throughout the ,united ,states2 #e4 ,to coin money1 regulate the value thereof1 and of foreign1 coin1 and fix the standard of weights and measures2 #f4 ,to provide for the punishment of counterfeiting the securities and current coin of the ,united ,states2 #g4 ,to establish post-offices and post-roads2 #h4 ,to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries2 #i4 ,to constitute tribunals inferior to the ,supreme ,court2 #aj4 ,to define and punish piracies and felonies committed on the high seas and offenses against the law of nations2 #aa4 ,to declare war1 grant letters of marque and reprisal1 and make rules concerning captures on land and water2 #ab4 ,to raise and support armies1 but no appropriation of money to that use shall be for a longer term than two years2 #ac4 ,to provide and maintain a navy2 #ad4 ,to make rules for the government and regulation of the land and naval forces4 #ae4 ,to provide for calling forth the militia to execute the laws of the ,union1 suppress insurrections1 and repel invasions2 #af4 ,to provide for organizing1 arming1 and disciplining the militia1 and for governing such part of them as may be employed in the service of the ,united ,states1 reserving to the ,states respectively the appointment of the officers1 and the authority of training the militia according to the discipline prescribed by ,congress2 #ag4 ,to exercise exclusive legislation in all cases whatsoever over such district 7not exceeding ten miles square7 as may1 by cession of particular ,states and the acceptance of ,congress1 become the seat of the ,government of the ,united ,states1 and to exercise like authority over all places purchased by the consent of the legislature of the ,state in which the same shall be1 for the erection of forts1 magazines1 arsenals1 dockyards1 and other needful buildings2 #ah4 ,to make all laws which shall be necessary and proper for carrying into execution the foregoing powers1 and all other powers vested by this ,constitution in the ,government of the ,united ,states1 or in any department or officer thereof4#d ,footnote #d3 ,this is the ,elastic ,clause in the interpretation of which arose the original and fundamental division of political parties4 ,see above1 pp4 #bde1 #bei4 ,section ,,ix4 ,powers denied to the ,united ,states4 #a4 ,the migration or importation of such persons as any of the ,states now existing shall think proper to admit shall not be prohibited by the ,congress prior to the year one thousand eight hundred and eight1 but a tax or duty may be imposed on such importation1 not exceeding ten dollars for each person4 #b4 ,the privilege of the writ of habeas corpus shall not be suspended1 unless when in cases of rebellion or invasion the public safety may require it4 #c4 ,no bill of attainder or ex post facto law shall be passed4 #d4 ,no capitation or other direct tax shall be laid1 unless in proportion to the census or enumeration hereinbefore directed to be taken4 #e4 ,no tax or duty shall be laid on articles exported from any ,state4 #f4 ,no preference shall be given by any regulation of commerce or revenue to the ports of one ,state over those of another2 nor shall vessels bound to or from one ,state be obliged to enter1 clear1 or pay duties in another4 #g4 ,no money shall be drawn from the ,treasury but in consequence of appropriations made by law2 and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time4 #h4 ,no title of nobility shall be granted by the ,united ,states2 and no person holding any office of profit or trust under them shall1 without the consent of the ,congress1 accept of any present1 emolument1 office1 or title1 of any kind whatever1 from any king1 prince1 or foreign ,state4 ,section ,x4 ,powers denied to the ,states4#e ,footnote #e3 ,compare ,section ,x with ,confed4 ,art4 ,,vi #a4 ,no ,state shall enter into any treaty1 alliance1 or confederation2 grant letters of marque and reprisal2 coin money2 emit bills of credit2 make anything but gold and silver coin a tender in payment of debts2 pass any bill of attainder1 ex post facto law1 or law impairing the obligation of contracts1 or grant any title of nobility4 #b4 ,no ,state shall1 without the consent of ,congress1 lay any imposts or duties on imports or exports1 except what may be absolutely necessary for executing its inspection laws2 and the net produce of all duties and imposts1 laid by any ,state on imports or exports1 shall be for the use of the ,treasury of the ,united ,states2 and all such laws shall be subject to the revision and control of the ,congress4 #c4 ,no ,state shall1 without the consent of ,congress1 lay any duty of tonnage1 keep troops or ships of war in time of peace1 enter into any agreement or compact with another ,state or with a foreign power1 or engage in war1 unless actually invaded or in such imminent danger as will not admit of delay4 ,,article ,,ii4 ,,executive ,,department4#f ,footnote #f3 ,compare ,art4 ,,ii4 with ,confed4 ,art4 ,x4 ,section ,i4 ,president and ,vice-,president4 #a4 ,the executive power shall be vested in a ,president of the ,united ,states of ,america4 ,he shall hold his office during the term of four years1 and together with the ,vice-,president1 chosen for the same term1 be elected as follows3 #b4 ,each ,state shall appoint1 in such manner as the legislature thereof may direct1 a number of electors1 equal to the whole number of ,senators and ,representatives to which the ,state may be entitled in the ,congress2 but no ,senator or ,representative1 or person holding an office of trust or profit under the ,united ,states1 shall be appointed an elector4 #c4 ,the electors shall meet in their respective ,states and vote by ballot for two persons1 of whom one at least shall not be an inhabitant of the same ,state with themselves4 ,and they shall make a list of all the persons voted for1 and of the number of votes for each2 which list they shall sign and certify1 and transmit sealed to the seat of government of the ,united ,states1 directed to the ,president of the ,senate4 ,the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates1 and the votes shall then be counted4 ,the person having the greatest number of votes shall be the ,president1 if such number be a majority of the whole number of electors appointed2 and if there be more than one who have such majority1 and have an equal number of votes1 then the ,house of ,representatives shall immediately choose by ballot one of them for ,president2 and if no person have a majority1 then from the five highest on the list the said ,house shall in like manner choose the ,president4 ,but in choosing the ,president the votes shall be taken by ,states1 the representation from each ,state having one vote2 a quorum for this purpose shall consist of a member or members from two thirds of the ,states1 and a majority of all the ,states shall be necessary to a choice4 ,in every case1 after the choice of the ,president1 the person having the greatest number of votes of the electors shall be the ,vice-,president4 ,but if there should remain two or more who have equal votes1 the ,senate shall choose from them by ballot the ,vice-,president4 #g ,footnote #g3 ,this clause of the ,constitution has been amended4 ,see ,amendments1 ,art4 ,,xii4 #d4 ,the ,congress may determine the time of choosing the electors and the day on which they shall give their votes1 which day shall be the same throughout the ,united ,states4 #e4 ,no person except a natural-born citizen1 or a citizen of the ,united ,states at the time of the adoption of this ,constitution1 shall be eligible to the office of ,president2 neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years1 and been fourteen years a resident within the ,united ,states4 #f4 ,in case of the removal of the ,president from office1 or of his death1 resignation1 or inability to discharge the powers and duties of the said office1 the same shall devolve on the ,vice-,president1 and the ,congress may by law provide for the case of removal1 death1 resignation1 or inability1 both of the ,president and ,vice-,president1 declaring what officer shall then act as ,president1 and such officer shall act accordingly until the disability be removed or a ,president shall be elected4 #g4 ,the ,president shall1 at stated times1 receive for his services a compensation1 which shall neither be increased nor diminished during the period for which he may have been elected1 and he shall not receive within that period any other emolument from the ,united ,states or any of them4 #h4 ,before he enter on the execution of his office he shall take the following oath or affirmation3 ,i do solemnly swear 7or affirm7 that ,i will faithfully execute the office of ,president of the ,united ,states1 and will to the best of my ability preserve1 protect1 and defend the ,constitution of the ,united ,states4 ,section ,,ii4 ,powers of the ,president4 #a4 ,the ,president shall be ,commander-in-chief of the ,army and ,navy of the ,united ,states1 and of the militia of the several ,states when called into the actual service of the ,united ,states2 he may require the opinion1 in writing1 of the principal officer in each of the executive departments1 upon any subject relating to the duties of their respective offices1 and he shall have power to grant reprieves and pardons for offenses against the ,united ,states1 except in cases of impeachment4 #b4 ,he shall have power1 by and with the advice and consent of the ,senate1 to make treaties1 provided two thirds of the ,senators present concur2 and he shall nominate1 and1 by and with the advice and consent of the ,senate1 shall appoint ambassadors1 other public ministers and consuls1 judges of the ,supreme ,court1 and all other officers of the ,united ,states1 whose appointments are not herein otherwise provided for1 and which shall be established by law2 but the ,congress may by law vest the appointment of such inferior officers1 as they think proper1 in the ,president alone1 in the courts of law1 or in the heads of departments4 #c4 ,the ,president shall have power to fill up all vacancies that may happen during the recess of the ,senate1 by granting commissions which shall expire at the end of their next session4 ,section ,,iii4 ,duties of the ,president4 ,he shall from time to time give to the ,congress information of the state of the ,union1 and recommend to their consideration such measures as he shall judge necessary and expedient2 he may1 on extraordinary occasions1 convene both houses1 or either of them1 and in case of disagreement between them with respect to the time of adjournment1 he may adjourn them to such time as he shall think proper2 he shall receive ambassadors and other public ministers2 he shall take care that the laws be faithfully executed1 and shall commission all the officers of the ,united ,states4 ,section ,,iv4 ,impeachment4 ,the ,president1 ,vice-,president1 and all civil officers of the ,united ,states shall be removed from office on impeachment for and conviction of treason1 bribery1 or other high crimes and misdemeanors4 ,,article ,,iii4 ,,judicial ,,department4#h ,footnote #h3 ,compare ,art4 ,,iii4 with the first three paragraphs of ,confed4 ,art4 ,,ix4 ,section ,i4 ,united ,states ,courts4 ,the judicial power of the ,united ,states shall be vested in one ,supreme ,court1 and in such inferior courts as the ,congress may from time to time ordain and establish4 ,the judges1 both of the supreme and inferior courts1 shall hold their offices during good behaviour1 and shall1 at stated times1 receive for their services a compensation which shall not be diminished during their continuance in office4 ,section ,,ii4 ,jurisdiction of the ,united ,states ,courts4 #a4 ,the judicial power shall extend to all cases1 in law and equity1 arising under this ,constitution1 the laws of the ,united ,states1 and treaties made1 or which shall he made1 under their authority2 to all cases affecting ambassadors1 other public ministers1 and consuls2 to all cases of admiralty and maritime jurisdiction2 to controversies to which the ,united ,states shall be a party2 to controversies between two or more ,states2 between a ,state and citizens of another ,state2 between citizens of different ,states2 between citizens of the same ,state claiming lands under grants of different ,states1 and between a ,state1 or the citizens thereof1 and foreign ,states1 citizens1 or subjects4#i ,footnote #i3 ,this clause has been amended4 ,see ,amendments1 ,art4 ,,xi4 #b4 ,in all cases affecting ambassadors1 other public ministers and consuls1 and those in which a ,state shall be a party1 the ,supreme ,court shall have original jurisdiction4 ,in all the other cases before mentioned the ,supreme ,court shall have appellate jurisdiction1 both as to law and fact1 with such exceptions1 and under such regulations as the ,congress shall make4 #c4 ,the trial of all crimes1 except in cases of impeachment1 shall be by jury2 and such trial shall be held in the ,state where the said crimes shall have been committed2 but when not committed within any ,state1 the trial shall be at such place or places as the ,congress may by law have directed4 ,section ,,iii4 ,treason4 #a4 ,treason against the ,united ,states shall consist only in levying war against them1 or in adhering to their enemies1 giving them aid and comfort4 ,no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act1 or on confession in open court4 #b4 ,the ,congress shall have power to declare the punishment of treason1 but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted4 ,,article ,,iv4 ,,the ,,states ,,and ,,the ,,federal ,,government4#aj ,footnote #aj3 ,compare ,art4 ,,iv4 with ,confed4 ,art4 ,,iv4 ,section ,i4 ,state ,records4 ,full faith and credit shall be given in each ,state to the public acts1 records1 and judicial proceedings of every other ,state4 ,and the ,congress may by general laws prescribe the manner in which such acts1 records1 and proceedings shall be proved1 and the effect thereof4 ,section ,,ii4 ,privileges of ,citizens1 etc4 #a4 ,the citizens of each ,state shall be entitled to all privileges and immunities of citizens in the several ,states4 #b4 ,a person charged in any ,state with treason1 felony1 or other crime1 who shall flee from justice1 and be found in another ,state1 shall1 on demand of the executive authority of the ,state from which he fled1 be delivered up1 to be removed to the ,state having jurisdiction of the crime4 #c4 ,no person held to service or labour in one ,state1 under the laws thereof1 escaping into another1 shall1 in consequence of any law or regulation therein1 be discharged from such service or labour1 but shall be delivered up on claim of the party to whom such service or labour may be due4#aa ,footnote #aa3 ,this clause has been cancelled by ,amendment ,,xiii41 which abolishes slavery4 ,section ,,iii4 ,new ,states and ,territories4#ab ,footnote #ab3 ,compare section iii4 with ,confed4 ,art4 ,,xi4 #a4 ,new ,states may be admitted by the ,congress into this ,union2 but no new ,state shall be formed or erected within the jurisdiction of any other ,state2 nor any ,state be formed by the junction of two or more ,states or parts of ,states1 without the consent of the legislatures of the ,states concerned as well as of the ,congress4 #b4 ,the ,congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the ,united ,states2 and nothing in this ,constitution shall be so construed as to prejudice any claims of the ,united ,states or of any particular ,state4 ,section ,,iv4 ,guarantee to the ,states4 ,the ,united ,states shall guarantee to every ,state in this ,union a republican form of government1 and shall protect each of them against invasion1 and on application of the legislature1 or of the executive 7when the legislature cannot be convened71 against domestic violence4 ,,article ,v4 ,,power ,,of ,,amendment4#ac ,footnote #ac3 ,compare ,art4 ,v4 with ,confed4 ,art4 ,,xiii4 ,the ,congress1 whenever two thirds of both houses shall deem it necessary1 shall propose amendments to this ,constitution1 or1 on the application of the legislatures of two thirds of the several ,states1 shall call a convention for proposing amendments1 which in either case shall be valid to all intents and purposes as part of this ,constitution1 when ratified by the legislatures of three fourths of the several ,states1 or by conventions in three fourths thereof1 as the one or the other mode of ratification may be proposed by the ,congress1 provided that no amendments which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article2 and that no ,state1 without its consent1 shall be deprived of its equal suffrage in the ,senate4 ,,article ,,vi4 ,,public ,,debt1 ,,supremacy ,,of ,,the ,,constitution1 ,,oath ,,of ,,office1 ,,religious ,,test4 #a4 ,all debts contracted and engagements entered into1 before the adoption of this ,constitution1 shall be as valid against the ,united ,states under this ,constitution as under the confederation4#ad ,footnote #ad3 ,compare clause ,i with ,confed4 ,art4 ,,xii4 #b4 ,this ,constitution1 and the laws of the ,united ,states which shall be made in pursuance thereof1 and all treaties made1 or which shall be made1 under the authority of the ,united ,states1 shall be the supreme law of the land2 and the judges in every ,state shall be bound thereby1 anything in the ,constitution or laws of any ,state to the contrary notwithstanding4 #c4 ,the ,senators and ,representatives before mentioned1 and the members of the several ,state legislatures1 and all executive and judicial officers both of the ,united ,states and of the several ,states1 shall be bound by oath or affirmation to support this ,constitution2 but no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states4#ae ,footnote #ae3 ,compare clauses #b and #c with ,confed4 ,art4 ,,xiii4 and addendum1 ,and whereas1 etc4 ,,article ,,vii4 ,,ratification ,,of ,,the ,,constitution4 ,the ratification of the conventions of nine ,states shall be sufficient for the establishment of this ,constitution between the ,states so ratifying the same4 ,done in convention by the unanimous consent of the ,states present1#af the seventeenth day of ,september1 in the year of our ,lord one thousand seven hundred and eighty-seven1 and of the ,independence of the ,united ,states of ,america the twelfth4 ,in witness whereof1 we have hereunto subscribed our names4 ,footnote #af3 ,rhode ,island sent no delegates to the ,federal ,convention4 ,george ,washington1 ,president1 and ,deputy from ,,virginia4 ,,new ,,hampshire--,john ,langdon1 ,nicholas ,gilman4 ,,massachusetts--,nathaniel ,gorham1 ,rufus ,king4 ,,connecticut--,william ,samuel ,johnson1 ,roger ,sherman4 ,,new ,,york--,alexander ,hamilton4 ,,new ,,jersey--,william ,livingston1 ,david ,brearly1 ,william ,patterson1 ,jonathan ,dayton4 ,,pennsylvania--,benjamin ,franklin1 ,thomas ,mifflin1 ,robert ,morris1 ,george ,clymer1 ,thomas ,fitzsimons1 ,jared ,ingersoll1 ,james ,wilson1 ,gouverneur ,morris4 ,,delaware--,george ,read1 ,gunning ,bedford1 ,jr41 ,john ,dickinson1 ,richard ,bassett1 ,jacob ,broom4 ,,maryland--,james ,mc,henry1 ,daniel of ,st4 ,thomas ,jenifer1 ,daniel ,carroll4 ,,virginia--,john ,blair1 ,james ,madison1 ,jr4 ,,north ,,carolina--,william ,blount1 ,richard ,dobbs ,spaight1 ,hugh ,williamson4 ,,south ,,carolina--,john ,rutledge1 ,charles ,cotesworth ,pinckney1 ,charles ,pinckney1 ,pierce ,butler4 ,,georgia--,william ,few1 ,abraham ,baldwin4 ,attest3 ,william ,jackson1 ,secretary4 99 99 99 99 99 ,,amendments4#ag ,,article ,i4 ,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof2 or abridging the freedom of speech or of the press2 or the right of the people peaceably to assemble1 and to petition the government for a redress of grievances4 ,footnote #ag3 ,amendments ,i4 to ,x4 were proposed by ,congress1 ,sept4 #be1 #aghi1 and declared in force ,dec4 #ae1 #agia4 ,,article ,,ii4 ,a well-regulated militia being necessary to the security of a free state1 the right of the people to keep and bear arms shall not be infringed4 ,,article ,,iii4 ,no soldier shall1 in time of peace1 be quartered in any house without the consent of the owner1 nor in time of war1 but in a manner to be prescribed by law4 ,,article ,,iv4 ,the right of the people to be secure in their persons1 houses1 papers1 and effects1 against unreasonable searches and seizures1 shall not be violated1 and no warrants shall issue but upon probable cause1 supported by oath or affirmation1 and particularly describing the place to be searched1 and the persons or things to be seized4 ,,article ,v4 ,no person shall be held to answer for a capital or otherwise infamous crime1 unless on a presentment or indictment of a grand jury1 except in cases arising in the land or naval forces1 or in the militia1 when in actual service in time of war or public danger2 nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb2 nor shall be compelled in any criminal case to be a witness against himself1 nor be deprived of life1 liberty1 or property1 without due process of law2 nor shall private property be taken for public use without just compensation4 ,,article ,,vi4 ,in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial1 by an impartial jury of the state and district wherein the crime shall have been committed1 which district shall have been previously ascertained by law1 and to be informed of the nature and cause of the accusation2 to be confronted with the witnesses against him2 to have compulsory process for obtaining witnesses in his favour1 and to have the assistance of counsel for his defence4 ,,article ,,vii4 ,in suits at common law1 where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved1 and no fact tried by a jury shall be otherwise reexamined in any court of the ,united ,states1 than according to the rules of the common law4 ,,article ,,viii4 ,excessive bail shall not be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 ,,article ,,ix4 ,the enumeration in the ,constitution of certain rights shall not be construed to deny or disparage others retained by the people4 ,,article ,x4#ah ,the powers not delegated to the ,united ,states by the ,constitution1 nor prohibited by it to the ,states1 are reserved to the ,states respectively or to the people4 ,,article ,,xi4#ai ,the judicial power of the ,united ,states shall not be construed to extend to any suit in law or equity1 commenced or prosecuted against one of the ,united ,states by citizens of another ,state1 or by citizens or subjects of any foreign ,state4 ,,article ,,xii4#bj #a4 ,the electors shall meet in their respective ,states and vote by ballot for ,president and ,vice-,president1 one of whom1 at least1 shall not be an inhabitant of the same ,state with themselves2 they shall name in their ballots the person voted for as ,president1 and in distinct ballots the person voted for as ,vice-,president1 and they shall make distinct lists of all persons voted for as ,president and of all persons voted for as ,vice-,president1 and of the number of votes for each2 which lists they shall sign and certify1 and transmit sealed to the seat of the government of the ,united ,states1 directed to the ,president of the ,senate4 ,the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates and the votes shall then be counted4 ,the person having the greatest number of votes for ,president shall be the ,president1 if such number be a majority of the whole number of electors appointed2 and if no person have such majority1 then from the persons having the highest numbers not exceeding three on the list of those voted for as ,president1 the ,house of ,representatives shall choose immediately1 by ballot1 the ,president4 ,but in choosing the ,president the votes shall be taken by ,states1 the representation from each ,state having one vote2 a quorum for this purpose shall consist of a member or members from two thirds of the ,states1 and a majority of all the ,states shall be necessary to a choice4 ,and if the ,house of ,representatives shall not choose a ,president whenever the right of choice shall devolve upon them1 before the fourth day of ,march next following1 then the ,vice-,president shall act as ,president1 as in the case of the death or other constitutional disability of the ,president4 ,footnote #ah3 ,compare ,amendment ,x4 with ,confed4 ,art4 ,,ii4 ,footnote #ai3 ,proposed by ,congress ,march #e1 #agid1 and declared in force ,jan1 #h1 #agih4 ,footnote #bj3 ,proposed by ,congress ,dec4 #ab1 #ahjc1 and declared in force ,sept4 #be1 #ahjd4 #b4 ,the person having the greatest number of votes as ,vice-,president shall be the ,vice-,president1 if such number be a majority of the whole number of electors appointed2 and if no person have a majority1 then from the two highest numbers on the list the ,senate shall choose the ,vice-,president2 a quorum for the purpose shall consist of two thirds of the whole number of ,senators1 and a majority of the whole number shall be necessary to a choice4 #c4 ,but no person constitutionally ineligible to the office of ,president shall be eligible to that of ,vice-,president of the ,united ,states4 ,,article ,,xiii4#ba #a4 ,neither slavery nor involuntary servitude1 except as a punishment for crime whereof the party shall have been duly convicted1 shall exist within the ,united ,states or any place subject to their jurisdiction4 #b4 ,congress shall have power to enforce this article by appropriate legislation4 ,,article ,,xiv4#bb #a4 ,all persons born or naturalized in the ,united ,states1 and ,footnote #ba3 ,proposed by ,congress ,feb4 #a1 #ahfe1 and declared in force ,dec4 #ah1 #ahfe4 ,footnote #bb3 ,proposed by ,congress ,june #af1 #ahff1 and declared in force ,july #bh1 #ahfh4 subject to the jurisdiction thereof1 are citizens of the ,united ,states and of the ,state wherein they reside4 ,no ,state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall any ,state deprive any person of life1 liberty1 or property1 without due process of law2 nor deny to any person within its jurisdiction the equal protection of the laws4 #b4 ,representatives shall be apportioned among the several ,states according to their respective numbers1 counting the whole number of persons in each ,state1 excluding ,indians not taxed4 ,but when the right to vote at any election for the choice of electors for ,president and ,vice-,president of the ,united ,states1 ,representatives in ,congress1 the executive and judicial officers of a ,state1 or the members of the legislature thereof1 is denied to any of the male inhabitants of such ,state1 being twenty-one years of age1 and citizens of the ,united ,states1 or in any way abridged1 except for participation in rebellion1 or other crime1 the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such ,state4 ,s4 ,no person shall be a ,senator or ,representative in ,congress1 or elector of ,president and ,vice-,president1 or hold any office1 civil or military1 under the ,united ,states or under any ,state1 who1 having previously taken an oath as a member of ,congress1 or as an officer of the ,united ,states1 or as a member of any ,state legislature1 or as an executive or judicial officer of any ,state1 to support the ,constitution of the ,united ,states1 shall have engaged in insurrection or rebellion against the same1 or given aid or comfort to the enemies thereof4 ,but ,congress may1 by a vote of two thirds of each house1 remove such disability4 #d4 ,the validity of the public debt of the ,united ,states1 authorized by law1 including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion1 shall not be questioned4 ,but neither the ,united ,states nor any ,state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the ,united ,states1 or any claim for the loss or emancipation of any slave2 but all such debts1 obligations1 and claims shall be held illegal and void4 #e4 ,the ,congress shall have power to enforce1 by appropriate legislation1 the provisions of this article4 ,,article ,,xv4 #bc ,footnote #bc3 ,proposed by ,congress ,feb4 #bf1 #ahfi1 and declared in force ,march #cj1 #ahgj4 #a4 ,the right of citizens of the ,united ,states to vote shall not be denied or abridged by the ,united ,states or by any ,state on account of race1 colour1 or previous condition of servitude4 #b4 ,the ,congress shall have power to enforce this article by appropriate legislation4 99 99 99 99 99 ,,franklin',s ,,speech ,,on ,,the ,,last ,,day ,,of ,,the ,,constitutional ,,convention #bd ,footnote #bd3 ,from ,madison's ,journal1 in ,eliot's ,debates1 vol4 v4 p4 #eed4 ,,monday1 ,september #ag4 ,in ,convention--,the engrossed ,constitution being read1 ,doctor ,franklin rose with a speech in his hand1 which he had reduced to writing for his own convenience1 and which ,mr4 ,wilson read in the words following3 ,,mr4 ,,president3 ,i confess that there are several parts of this ,constitution which ,i do not at present approve1 but ,i am not sure ,i shall never approve them4 ,for1 having lived long1 ,i have experienced many instances of being obliged by better information1 or fuller consideration1 to change opinions even on important subjects which ,i once thought right1 but found to be otherwise4 ,it is therefore that1 the older ,i grow1 the more apt ,i am to doubt my own judgment1 and to pay more respect to the judgment of others4 ,most men1 indeed1 as well as most sects in religion1 think themselves in possession of all truth1 and that wherever others differ from them it is so far error4 ,steele1 a ,protestant1 in a dedication tells the ,pope that the only difference between our churches1 in their opinions of the certainty of their doctrines1 is1 'the ,church of ,rome is infallible1 and the ,church of ,england is never in the wrong4' ,but though many private persons think almost as highly of their own infallibility as of that of their sect1 few express it so naturally as a certain ,french lady who1 in a dispute with her sister1 said1 ',i don't know how it happens1 sister1 but ,i meet with nobody but myself that is always in the right--il n'y a que moi qui a toujours raison4' ,in these sentiments1 sir1 ,i agree to this ,constitution1 with all its faults1 if they are such1 because ,i think a ,general ,government necessary for us1 and there is no form of government but what may be a blessing to the people if well administered2 and believe further1 that this is likely to be well administered for a course of years1 and can only end in despotism1 as other forms have done before it1 when the people shall become so corrupted as to need despotic government1 being incapable of any other4 ,i doubt1 too1 whether any other ,convention we can obtain may be able to make a better ,constitution4 ,for when you assemble a number of men to have the advantage of their joint wisdom1 you inevitably assemble with those men all their prejudices1 their passions1 their errors of opinion1 their local interests1 and their selfish views4 ,from such an assembly can a perfect production be expected8 ,it1 therefore1 astonishes me1 sir1 to find this system approaching so near to perfection as it does3 and ,i think it will astonish our enemies1 who are waiting with confidence to hear that our councils are confounded1 like those of the builders of ,babel1 and that our ,states are on the point of separation1 only to meet hereafter for the purpose of cutting one another's throats4 ,thus ,i consent1 sir1 to this ,constitution because ,i expect no better1 and because ,i am not sure that it is not the best4 ,the opinions ,i have had of its errors ,i sacrifice to the public good4 ,i have never whispered a syllable of them abroad4 ,within these walls they were born and here they shall die4 ,if every one of us1 in returning to our constituents1 were to report the objections he has had to it1 and endeavour to gain partisans in support of them1 we might prevent its being generally received1 and thereby lose all the salutary effects and great advantages resulting naturally in our favour among foreign nations as well as among ourselves1 from our real or apparent unanimity4 ,much of the strength and efficiency of any government1 in procuring and securing happiness to the people1 depends on opinion--on the general opinion of the goodness of the government as well as of the wisdom and integrity of its governors4 ,i hope1 therefore1 that for our own sakes1 as a part of the people1 and for the sake of posterity1 we shall act heartily and unanimously in recommending this ,constitution 7if approved by ,congress and confirmed by the ,conventions7 wherever our influence may extend1 and turn our future thoughts and endeavours to the means of having it well administered4 ,on the whole1 sir1 ,i cannot help expressing a wish that every member of the ,convention who may still have objections to it would1 with me1 on this occasion doubt a little of his own infallibility1 and1 to make manifest our unanimity1 put his name to this instrument4 ,he then moved that the ,constitution be signed by the members1 and offered the following as a convenient form1 viz43 ,done in ,convention by the unanimous consent of the ,states present the seventeenth of ,september1 etc4 ,in witness whereof we have hereunto subscribed our names4 ,this ambiguous form had been drawn up by ,mr4 ,gouverneur ,morris1 in order to gain the dissenting members1 and put into the hands of ,doctor ,franklin1 that it might have the better chance of success4 ,considerable discussion followed1 ,randolph and ,gerry stating their reasons for refusing to sign the ,constitution4 ,mr4 ,hamilton expressed his anxiety that every member should sign4 ,a few characters of consequence1 he said1 by opposing or even refusing to sign the ,constitution1 might do infinite mischief by kindling the latent sparks that lurk under an enthusiasm in favour of the ,convention which may soon subside4 ,no man's ideas were more remote from the plan than his own were known to be2 but is it possible to deliberate between anarchy and convulsion on one side1 and the chance of good to be expected from the plan on the other8 ,this discussion concluded1 the ,convention voted that its journal and other papers should be retained by the ,president1 subject to the order of ,congress4 ,the members then proceeded to sign the ,constitution as finally amended4 ,the ,constitution being signed by all the members except ,mr4 ,randolph1 ,mr4 ,mason1 and ,mr4 ,gerry1 who declined giving it the sanction of their names1 the ,convention dissolved itself by an adjournment sine die4 ,whilst the last members were signing1 ,doctor ,franklin1 looking towards the ,president's chair1 at the back of which a rising sun happened to be painted1 observed to a few members near him that painters had found it difficult to distinguish in their art a rising from a setting sun4 ,i have1 said he1 often and often1 in the course of the session1 and the vicissitudes of my hopes and fears as to its issue1 looked at that behind the ,president without being able to tell whether it was rising or setting2 but now1 at length1 ,i have the happiness to know that it is a rising1 and not a setting1 sun4 ,,appendix ,c4 ,,magna ,,charta4#be ,footnote #be3 ,i have1 by permission1 reproduced the ,old ,south ,leaflet1 with its notes1 etc41 in full4 ,,or ,,the ,,great ,,charter ,,of ,,king ,,john1 ,,granted ,,june #ae1 ,a4,d4 #abae4 ,,john1 by the ,grace of ,god1 ,king of ,england1 ,lord of ,ireland1 ,date of ,normandy1 ,aquitaine1 and ,count of ,anjou1 to his ,archbishops1 ,bishops1 ,abbots1 ,earls1 ,barons1 ,justiciaries1 ,foresters1 ,sheriffs1 ,governors1 ,officers1 and to all ,bailiffs1 and his faithful subjects1 greeting4 ,know ye1 that we1 in the presence of ,god1 and for the salvation of our soul1 and the souls of all our ancestors and heirs1 and unto the honour of ,god and the advancement of ,holy ,church1 and amendment of our ,realm1 by advice of our venerable ,fathers1 ,stephen1 ,archbishop of ,canterbury1 ,primate of all ,england and ,cardinal of the ,holy ,roman ,church3 ,henry1 ,archbishop of ,dublin2 ,william1 of ,london2 ,peter1 of ,winchester2 ,jocelin of ,bath and ,glastonbury2 ,hugh1 of ,lincoln2 ,walter1 of ,worcester2 ,william1 of ,coventry3 ,benedict1 of ,rochester--,bishops3 of ,master ,pandulph1 ,sub-,deacon and ,familiar of our ,lord the ,pope2 ,brother ,aymeric1 ,master of the ,knights-,templars in ,england2 and of the noble ,persons1 ,william ,marescall1 ,earl of ,pembroke2 ,william1 ,earl of ,salisbury2 ,william1 ,earl of ,warren2 ,william1 ,earl of ,arundel2 ,alan de ,galloway1 ,constable of ,scotland2 ,warin ,fitz,gerald1 ,peter ,fitz,herbert1 and ,hubert de ,burgh1 ,seneschal of ,poitou2 ,hugh de ,neville1 ,matthew ,fitz,herbert1 ,thomas ,basset1 ,alan ,basset1 ,philip of ,albiney1 ,robert de ,roppell1 ,john ,mareschal1 ,john ,fitz,hugh1 and others1 our liegemen1 have1 in the first place1 granted to ,god1 and by this our present ,charter confirmed1 for us and our heirs for ever3-- #a4 ,that the ,church of ,england shall be free1 and have her whole rights1 and her liberties inviolable2 and we will have them so observed1 that it may appear thence that the freedom of elections1 which is reckoned chief and indispensable to the ,english ,church1 and which we granted and confirmed by our ,charter1 and obtained the confirmation of the same from our ,lord the ,pope ,innocent ,,iii41 before the discord between us and our barons1 was granted of mere free will2 which ,charter we shall observe1 and we do will it to be faithfully observed by our heirs for ever4 #b4 ,we also have granted to all the freemen of our kingdom1 for us and for our heirs for ever1 all the underwritten liberties1 to be had and holden by them and their heirs1 of us and our heirs for ever3 ,if any of our earls1 or barons1 or others1 who hold of us in chief by military service1 shall die1 and at the time of his death his heir shall be of full age1 and owe a relief1 he shall have his inheritance by the ancient relief--that is to say1 the heir or heirs of an earl1 for a whole earldom1 by a hundred pounds2 the heir or heirs of a baron1 for a whole barony1 by a hundred pounds2 the heir or heirs of a knight1 for a whole knight's fee1 by a hundred shillings at most2 and whoever oweth less shall give less1 according to the ancient custom of fees4 #c4 ,but if the heir of any such shall be under age1 and shall be in ward1 when he comes of age he shall have his inheritance without relief and without fine4 #d4 ,the keeper of the land of such an heir being under age1 shall take of the land of the heir none but reasonable issues1 reasonable customs1 and reasonable services1 and that without destruction and waste of his men and his goods2 and if we commit the custody of any such lands to the sheriff1 or any other who is answerable to us for the issues of the land1 and he shall make destruction and waste of the lands which he hath in custody1 we will take of him amends1 and the land shall be committed to two lawful and discreet men of that fee1 who shall answer for the issues to us1 or to him to whom we shall assign them2 and if we sell or give to any one the custody of any such lands1 and he therein make destruction or waste1 he shall lose the same custody1 which shall be committed to two lawful and discreet men of that fee1 who shall in like manner answer to us as aforesaid4 #e4 ,but the keeper1 so long as he shall have the custody of the land1 shall keep up the houses1 parks1 warrens1 ponds1 mills1 and other things pertaining to the land1 out of the issues of the same land2 and shall deliver to the heir1 when he comes of full age1 his whole land1 stocked with ploughs and carriages1 according as the time of wainage shall require1 and the issues of the land can reasonably bear4 #f4 ,heirs shall be married without disparagement1 and so that before matrimony shall be contracted1 those who are near in blood to the heir shall have notice4 #g4 ,a widow1 after the death of her husband1 shall forthwith and without difficulty have her marriage and inheritance2 nor shall she give anything for her dower1 or her marriage1 or her inheritance1 which her husband and she held at the day of his death2 and she may remain in the mansion house of her husband forty days after his death1 within which time her dower shall be assigned4 #h4 ,no widow shall be distrained to marry herself1 so long as she has a mind to live without a husband2 but yet she shall give security that she will not marry without our assent1 if she hold of us2 or without the consent of the lord of whom she holds1 if she hold of another4 #i4 ,neither we nor our bailiffs shall seize any land or rent for any debt so long as the chattels of the debtor are sufficient to pay the debt2 nor shall the sureties of the debtor be distrained so long as the principal debtor has sufficient to pay the debt2 and if the principal debtor shall fail in the payment of the debt1 not having wherewithal to pay it1 then the sureties shall answer the debt2 and if they will they shall have the lands and rents of the debtor1 until they shall be satisfied for the debt which they paid for him1 unless the principal debtor can show himself acquitted thereof against the said sureties4 #aj4 ,if any one have borrowed anything of the ,jews1 more or less1 and die before the debt be satisfied1 there shall be no interest paid for that debt1 so long as the heir is under age1 of whomsoever he may hold2 and if the debt falls into our hands1 we will only take the chattel mentioned in the deed4 #aa4 ,and if any one shall die indebted to the ,jews1 his wife shall have her dower and pay nothing of that debt2 and if the deceased left children under age1 they shall have necessaries provided for them1 according to the tenement of the deceased2 and out of the residue the debt shall be paid1 saving1 however1 the service due to the lords1 and in like manner shall it be done touching debts due to others than the ,jews4 #ab4 ,no scutage or aid#bf shall be imposed in our kingdom1 unless by the general council of our kingdom2 except for ransoming our person1 making our eldest son a knight1 and once for marrying our eldest daughter2 and for these there shall be paid no more than a reasonable aid4 ,in like manner it shall be concerning the aids of the ,city of ,london4 ,footnote #bf3 ,in the time of the feudal system scutage was a direct tax in commutation for military service2 aids were direct taxes paid by the tenant to his lord for ransoming his person if taken captive1 and for helping defray the expenses of knighting his eldest son and marrying his eldest daughter4 #ac4 ,and the ,city of ,london shall have all its ancient liberties and free customs1 as well by land as by water3 furthermore1 we will and grant that all other cities and boroughs1 and towns and ports1 shall have all their liberties and free customs4 #ad4 ,and for holding the general council of the kingdom concerning the assessment of aids1 except in the three cases aforesaid1 and for the assessing of scutages1 we shall cause to be summoned the archbishops1 bishops1 abbots1 earls1 and greater barons of the realm1 singly by our letters4 ,and furthermore1 we shall cause to be summoned generally1 by our sheriffs and bailiffs1 all others who hold of us in chief1 for a certain day1 that is to say1 forty days before their meeting at least1 and to a certain place2 and in all letters of such summons we will declare the cause of such summons4 ,and summons being thus made1 the business shall proceed on the day appointed1 according to the advice of such as shall be present1 although all that were summoned come not4 #ae4 ,we will not for the future grant to any one that he may take aid of his own free tenants1 unless to ransom his body1 and to make his eldest son a knight1 and once to marry his eldest daughter2 and for this there shall be only paid a reasonable aid4 #af4 ,no man shall be distrained to perform more service for a knight's fee1 or other free tenement1 than is due from thence4 #ag4 ,common pleas shall not follow our court1 but shall be holden in some place certain4 #ah4 ,trials upon the ,writs of ,novel ,disseisin1#bg and of ,mort d'ancestor1#bh and of ,darrein ,presentment1#bi shall not be taken but in their proper counties1 and after this manner3 ,we1 or if we should be out of the realm1 our chief justiciary1 will send two justiciaries through every county four times a year1 who1 with four knights of each county1 chosen by the county1 shall hold the said assizes#cj in the county1 on the day1 and at the place appointed4 ,footnote #bg3 ,dispossession4 ,footnote #bh3 ,death of the ancestor2 that is1 in cases of disputed succession to land4 ,footnote #bi3 ,last presentation to a benefice4 ,footnote #cj3 ,the word ,assize here means an assembly of knights or other substantial persons1 held at a certain time and place where they sit with the ,justice4 ',assisa' or ',assize' is also taken for the court1 place1 or time at which the writs of ,assize are taken4--,thompson's ,notes4 #ai4 ,and if any matters cannot be determined on the day appointed for holding the assizes in each county1 so many of the knights and freeholders as have been at the assizes aforesaid shall stay to decide them as is necessary1 according as there is more or less business4 #bj4 ,a freeman shall not be amerced for a small offence1 but only according to the degree of the offence2 and for a great crime according to the heinousness of it1 saving to him his contenement2#ca and after the same manner a merchant1 saving to him his merchandise4 ,and a villein shall be amerced after the same manner1 saving to him his wainage1 if he falls under our mercy2 and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood4 ,footnote #ca3 ,that by which a person subsists and which is essential to his rank in life4 #ba4 ,earls and barons shall not be amerced but by their peers1 and after the degree of the offence4 #bb4 ,no ecclesiastical person shall be amerced for his lay tenement1 but according to the proportion of the others aforesaid1 and not according to the value of his ecclesiastical benefice4 #bc4 ,neither a town nor any tenant shall be distrained to make bridges or embankments1 unless that anciently and of right they are bound to do it4 #bd4 ,no sheriff1 constable1 coroner1 or other our bailiffs1 shall hold ,pleas of the ,crown4 #cb ,footnote #cb3 ,these are suits conducted in the name of the ,crown against criminal offenders4 #be4 ,all counties1 hundreds1 wapentakes1 and trethings1 shall stand at the old rents1 without any increase1 except in our demesne manors4 #bf4 ,if any one holding of us a lay fee die1 and the sheriff1 or our bailiffs1 show our letters patent of summons for debt which the dead man did owe to us1 it shall be lawful for the sheriff or our bailiff to attach and register the chattels of the dead1 found upon his lay fee1 to the amount of the debt1 by the view of lawful men1 so as nothing be removed until our whole clear debt be paid2 and the rest shall be left to the executors to fulfil the testament of the dead2 and if there be nothing due from him to us1 all the chattels shall go to the use of the dead1 saving to his wife and children their reasonable shares4#cc ,footnote #cc3 ,a person's goods were divided into three parts1 of which one went to his wife1 another to his heirs1 and a third he was at liberty to dispose of4 ,if he had no child1 his widow had half2 and if he had children1 but no wife1 half was divided amongst them4 ,these several sums were called reasonable shares4 ,through the testamentary jurisdiction they gradually acquired1 the clergy often contrived to get into their own hands all the residue of the estate without paying the debts of the estate4 #bg4 ,if any freeman shall die intestate1 his chattels shall be distributed by the hands of his nearest relations and friends1 by view of the ,church1 saving to every one his debts which the deceased owed to him4 #bh4 ,no constable or bailiff of ours shall take corn or other chattels of any man unless he presently give him money for it1 or hath respite of payment by the goodwill of the seller4 #bi4 ,no constable shall distrain any knight to give money for castle-guard1 if he himself will do it in his person1 or by another able man1 in case he cannot do it through any reasonable cause4 ,and if we have carried or sent him into the army1 he shall be free from such guard for the time he shall be in the army by our command4 #cj4 ,no sheriff or bailiff of ours1 or any other1 shall take horses or carts of any freeman for carriage1 without the assent of the said freeman4 #ca4 ,neither shall we nor our bailiffs take any man's timber for our castles or other uses1 unless by the consent of the owner of the timber4 #cb4 ,we will retain the lands of those convicted of felony only one year and a day1 and then they shall be delivered to the lord of the fee4#cd ,footnote #cd3 ,all forfeiture for felony has been abolished by the #cc and #cd ,vic41 c4 #bc4 ,it seems to have originated in the destruction of the felon's property being part of the sentence1 and this waste being commuted for temporary possession by the ,crown4 #cc4 ,all kydells#ce 7wears7 for the time to come shall be put down in the rivers of ,thames and ,medway1 and throughout all ,england1 except upon the sea-coast4 ,footnote #ce3 ,the purport of this was to prevent inclosures of common property1 or committing a ,purpresture4 ,these wears are now called kettles or kettle-nets in ,kent and ,cornwall4 #cd4 ,the writ which is called prcipe1 for the future1 shall not be made out to any one1 of any tenement1 whereby a freeman may lose his court4 #ce4 ,there shall be one measure of wine and one of ale through our whole realm2 and one measure of corn1 that is to say1 the ,london quarter2 and one breadth of dyed cloth1 and russets1 and haberjeets1 that is to say1 two ells within the lists2 and it shall be of weights as it is of measures4 #cf4 ,nothing from henceforth shall be given or taken for a writ of inquisition of life or limb1 but it shall be granted freely1 and not denied4#cf ,footnote #cf3 ,this important writ1 or writ concerning hatred and malice1 may have been the prototype of the writ of habeas corpus1 and was granted for a similar purpose4 #cg4 ,if any do hold of us by fee-farm1 or by socage1 or by burgage1 and he hold also lands of any other by knight's service1 we will not have the custody of the heir or land1 which is holden of another man's fee by reason of that fee-farm1 socage1#cg or burgage2 neither will we have the custody of the fee-farm1 or socage1 or burgage1 unless knight's service was due to us out of the same fee-farm4 ,we will not have the custody of an heir1 nor of any land which he holds of another by knight's service1 by reason of any petty serjeanty#ch by which he holds of us1 by the service of paying a knife1 an arrow1 or the like4 ,footnote #cg3 ,socage signifies lands held by tenure of performing certain inferior offices in husbandry1 probably from the old ,french word soc1 a plough-share4 ,footnote #ch3 ,the tenure of giving the king some small weapon of war in acknowledgment of lands held4 #ch4 ,no bailiff from henceforth shall pat any man to his law#ci upon his own bare saying1 without credible witnesses to prove it4 ,footnote #ci3 ,equivalent to putting him to his oath4 ,this alludes to the ,wager of ,law1 by which a defendant and his eleven supporters or compurgators could swear to his non-liability1 and this amounted to a verdict in his favour4 #ci4 ,no freeman shall be taken or imprisoned1 or disseised1 or outlawed1 or banished1 or any ways destroyed1 nor will we pass upon him1 nor will we send upon him1 unless by the lawful judgment of his peers1 or by the law of the land4 #dj4 ,we will sell to no man1 we will not deny to any man1 either justice or right4 #da4 ,all merchants shall have safe and secure conduct1 to go out of1 and to come into ,england1 and to stay there and to pass as well by land as by water1 for buying and selling by the ancient and allowed customs1 without any unjust tolls2 except in time of war1 or when they are of any nation at war with us4 ,and if there be found any such in our land1 in the beginning of the war1 they shall be attached1 without damage to their bodies or goods1 until it be known unto us1 or our chief justiciary1 how our merchants be treated in the nation at war with us2 and if ours be safe there1 the others shall be safe in our dominions4 #db4 ,it shall be lawful1 for the time to come1 for any one to go out of our kingdom1 and return safely and securely by land or by water1 saving his allegiance to us2 unless in time of war1 by some short space1 for the common benefit of the realm1 except prisoners and outlaws1 according to the law of the land1 and people in war with us1 and merchants who shall be treated as is above mentioned4#dj ,footnote #dj3 ,the ,crown has still technically the power of confining subjects within the kingdom by the writ ne exeat regno1 though the use of the writ is rarely resorted to4 #dc4 ,if any man hold of any escheat1#da as of the honour of ,wallingford1 ,nottingham1 ,boulogne1 ,lancaster1 or of other escheats which be in our hands1 and are baronies1 and die1 his heir shall give no other relief1 and perform no other service to us than he would to the baron1 if it were in the baron's hand2 and we will hold it after the same manner as the baron held it4 ,footnote #da3 ,the word escheat is derived from the ,french escheoir1 to return or happen1 and signifies the return of an estate to a lord1 either on failure of tenant's issue or on his committing felony4 ,the abolition of feudal tenures by the ,act of ,charles ,,ii4 7#ab ,charles ,,ii4 c4 #bd7 rendered obsolete this part and many other parts of the ,charter4 #dd4 ,those men who dwell without the forest from henceforth shall not come before our justiciaries of the forest1 upon common1 summons1 but such as are impleaded1 or are sureties for any that are attached for something concerning the forest4#db ,footnote #db3 ,the laws for regulating the royal forests1 and administering justice in respect of offences committed in their precincts1 formed a large part of the law4 #de4 ,we will not make any justices1 constables1 sheriffs1 or bailiffs1 but of such as know the law of the realm and mean duly to observe it4 #df4 ,all barons who have founded abbeys1 which they hold by charter from the kings of ,england1 or by ancient tenure1 shall have the keeping of them1 when vacant1 as they ought to have4 #dg4 ,all forests that have been made forests in our time shall forthwith be disforested2 and the same shall be done with the water-banks that have been fenced in by us in our time4 #dh4 ,all evil customs concerning forests1 warrens1 foresters1 and warreners1 sheriffs and their officers1 water-banks and their keepers1 shall forthwith be inquired into in each county1 by twelve sworn knights of the same county1 chosen by creditable persons of the same county2 and within forty days after the said inquest be utterly abolished1 so as never to be restored3 so as we are first acquainted therewith1 or our justiciary1 if we should not be in ,england4 #di4 ,we will immediately give up all hostages and charters delivered unto us by our ,english subjects1 as securities for their keeping the peace1 and yielding us faithful service4 #ej4 ,we will entirely remove from their bailiwicks the relations of ,gerard de ,atheyes1 so that for the future they shall have no bailiwick in ,england2 we will also remove ,engelard de ,cygony1 ,andrew1 ,peter1 and ,gyon1 from the ,chancery2 ,gyon de ,cygony1 ,geoffrey de ,martyn1 and his brothers2 ,philip ,mark1 and his brothers1 and his nephew1 ,geoffrey1 and their whole retinue4 #ea4 ,as soon as peace is restored1 we will send out of the kingdom all foreign knights1 cross-bowmen1 and stipendiaries1 who are come with horses and arms to the molestation of our people4 #eb4 ,if any one has been dispossessed or deprived by us1 without the lawful judgment of his peers1 of his lands1 castles1 liberties1 or right1 we will forthwith restore them to him2 and if any dispute arise upon this head1 let the matter be decided by the five-and-twenty barons hereafter mentioned1 for the preservation of the peace4 ,and for all those things of which any person has1 without the lawful judgment of his peers1 been dispossessed or deprived1 either by our father ,king ,henry1 or our brother ,king ,richard1 and which we have in our hands1 or are possessed by others1 and we are bound to warrant and make good1 we shall have a respite till the term usually allowed the crusaders2 excepting those things about which there is a plea depending1 or whereof an inquest hath been made1 by our order before we undertook the crusade2 but as soon as we return from our expedition1 or if perchance we tarry at home and do not make our expedition1 we will immediately cause full justice to be administered therein4 #ec4 ,the same respite we shall have1 and in the same manner1 about administering justice1 disafforesting or letting continue the forests1 which ,henry our father1 and our brother ,richard1 have afforested2 and the same concerning the wardship of the lands which are in another's fee1 but the wardship of which we have hitherto had1 by reason of a fee held of us by knight's service2 and for the abbeys founded in any other fee than our own1 in which the lord of the fee says he has a right2 and when we return from our expedition1 or if we tarry at home1 and do not make our expedition1 we will immediately do full justice to all the complainants in this behalf4 #ed4 ,no man shall be taken or imprisoned upon the appeal#dc of a woman1 for the death of any other than her husband4 ,footnote #dc3 ,an ,appeal here means an accusation4 ,the appeal here mentioned was a suit for a penalty in which the plaintiff was a relation who had suffered through a murder or manslaughter4 ,one of the incidents of this ,appeal of ,death was the ,trial by ,battle4 ,these ,appeals and ,trial by ,battle were not abolished before the passing of the ,act #ei ,geo4 ,,iii41 c4 #df4 #ee4 ,all unjust and illegal fines made by us1 and all amerciaments imposed unjustly and contrary to the law of the land1 shall be entirely given up1 or else be left to the decision of the five-and-twenty barons hereafter mentioned for the preservation of the peace1 or of the major part of them1 together with the aforesaid ,stephen1 ,archbishop of ,canterbury1 if he can be present1 and others whom he shall think fit to invite2 and if he cannot be present1 the business shall notwithstanding go on without him2 but so that if one or more of the aforesaid five-and-twenty barons be plaintiffs in the same cause1 they shall be set aside as to what concerns this particular affair1 and others be chosen in their room1 out of the said five-and-twenty1 and sworn by the rest to decide the matter4 #ef4 ,if we have disseised or dispossessed the ,welsh of any lands1 liberties1 or other things1 without the legal judgment of their peers1 either in ,england or in ,wales1 they shall be immediately restored to them2 and if any dispute arise upon this head1 the matter shall be determined in the ,marches by the judgment of their peers2 for tenements in ,england according to the law of ,england1 for tenements in ,wales according to the law of ,wales1 for tenements of the ,marches according to the law of the ,marches3 the same shall the ,welsh do to us and our subjects4 #eg4 ,as for all those things of which a ,welshman hath1 without the lawful judgment of his peers1 been disseised or deprived of by ,king ,henry our father1 or our brother ,king ,richard1 and which we either have in our hands or others are possessed of1 and we are obliged to warrant it1 we shall have a respite till the time generally allowed the crusaders2 excepting those things about which a suit is depending1 or whereof an inquest has been made by our order1 before we undertook the crusade3 but when we return1 or if we stay at home without performing our expedition1 we will immediately do them full justice1 according to the laws of the ,welsh and of the parts before mentioned4 #eh4 ,we will without delay dismiss the son of ,llewellin1 and all the ,welsh hostages1 and release them from the engagements they have entered into with us for the preservation of the peace4 #ei4 ,we will treat with ,alexander1 ,king of ,scots1 concerning the restoring his sisters and hostages1 and his right and liberties1 in the same form and manner as we shall do to the rest of our barons of ,england2 unless by the charters which we have from his father1 ,william1 late ,king of ,scots1 it ought to be otherwise2 and this shall be left to the determination of his peers in our court4 #fj4 ,all the aforesaid customs and liberties1 which we have granted to be holden in our kingdom1 as much as it belongs to us1 all people of our kingdom1 as well clergy as laity1 shall observe1 as far as they are concerned1 towards their dependents4 #fa4 ,and whereas1 for the honour of ,god and the amendment of our kingdom1 and for the better quieting the discord that has arisen between us and our barons1 we have granted all these things aforesaid2 willing to render them firm and lasting1 we do give and grant our subjects the underwritten security1 namely that the barons may choose five-and-twenty barons of the kingdom1 whom they think convenient2 who shall take care1 with all their might1 to hold and observe1 and cause to be observed1 the peace and liberties we have granted them1 and by this our present ,charter confirmed in this manner2 that is to say1 that if we1 our justiciary1 our bailiffs1 or any of our officers1 shall in any circumstance have failed in the performance of them towards any person1 or shall have broken through any of these articles of peace and security1 and the offence be notified to four barons chosen out of the five-and-twenty before mentioned1 the said four barons shall repair to us1 or our justiciary1 if we are out of the realm1 and1 laying open the grievance1 shall petition to have it redressed without delay3 and if it be not redressed by us1 or if we should chance to be out of the realm1 if it should not be redressed by our justiciary within forty days1 reckoning from the time it has been notified to us1 or to our justiciary 7if we should be out of the realm71 the four barons aforesaid shall lay the cause before the rest of the five-and-twenty barons2 and the said five-and-twenty barons1 together with the community of the whole kingdom1 shall distrain and distress us in all the ways in which they shall be able1 by seizing our castles1 lands1 possessions1 and in any other manner they can1 till the grievance is redressed1 according to their pleasure2 saving harmless our own person1 and the persons of our ,queen and children2 and when it is redressed1 they shall behave to us as before4 ,and any person whatsoever in the kingdom may swear that he will obey the orders of the five-and-twenty barons aforesaid in the execution of the premises1 and will distress us1 jointly with them1 to the utmost of his power2 and we give public and free liberty to any one that shall please to swear to this1 and never will hinder any person from taking the same oath4 #fb4 ,as for all those of our subjects who will not1 of their own accord1 swear to join the five-and-twenty barons in distraining and distressing us1 we will issue orders to make them take the same oath as aforesaid4 ,and if any one of the five-and-twenty barons dies1 or goes out of the kingdom1 or is hindered any other way from carrying the things aforesaid into execution1 the rest of the said five-and-twenty barons may choose another in his room1 at their discretion1 who shall be sworn in like manner as the rest4 ,in all things that are committed to the execution of these five-and-twenty barons1 if1 when they are all assembled together1 they should happen to disagree about any matter1 and some of them1 when summoned1 will not or cannot come1 whatever is agreed upon1 or enjoined1 by the major part of those that are present shall be reputed as firm and valid as if all the five-and-twenty had given their consent2 and the aforesaid five-and-twenty shall swear that all the premises they shall faithfully observe1 and cause with all their power to be observed4 ,and we will procure nothing from any one1 by ourselves nor by another1 whereby any of these concessions and liberties may be revoked or lessened2 and if any such thing shall have been obtained1 let it be null and void2 neither will we ever make use of it either by ourselves or any other4 ,and all the ill-will1 indignations1 and rancours that have arisen between us and our subjects1 of the clergy and laity1 from the first breaking out of the dissensions between us1 we do fully remit and forgive3 moreover1 all trespasses occasioned by the said dissensions1 from ,easter in the sixteenth year of our reign till the restoration of peace and tranquillity1 we hereby entirely remit to all1 both clergy and laity1 and as far as in us lies do fully forgive4 ,we have1 moreover1 caused to be made for them the letters patent testimonial of ,stephen1 ,lord ,archbishop of ,canterbury1 ,henry1 ,lord ,archbishop of ,dublin1 and the bishops aforesaid1 as also of ,master ,pandulph1 for the security and concessions aforesaid4 #fc4 ,wherefore we will and firmly enjoin1 that the ,church of ,england be free1 and that all men in our kingdom have and hold all the aforesaid liberties1 rights1 and concessions1 truly and peaceably1 freely and quietly1 fully and wholly to themselves and their heirs1 of us and our heirs1 in all things and places1 forever1 as is aforesaid4 ,it is also sworn1 as well on our part as on the part of the barons1 that all the things aforesaid shall be observed in good faith1 and without evil subtilty4 ,given under our hand1 in the presence of the witnesses above named1 and many others1 in the meadow called ,runingmede1 between ,windsor and ,staines1 the #aeth day of ,june1 in the #agth year of our reign4 99 99 99 99 99 ,the translation here given is that published in ,sheldon ,amos's work on ,the ,english ,constitution4 ,the translation given by ,sir ,e4 ,creasy was chiefly followed in this1 but it was collated with another accurate translation by ,mr4 ,richard ,thompson1 accompanying his ,historical ,essay on ,magna ,charta1 published in #ahbi1 and also with the ,latin text4 ,the explanation of the whole ,charter1 observes ,mr4 ,amos1 must be sought chiefly in detailed accounts of the ,feudal system in ,england1 as explained in such works as those of ,stubbs1 ,hallam1 and ,blackstone4 ,the scattered notes here introduced have only for their purpose to elucidate the most unusual and perplexing expressions4 ,the ,charter printed in the ,statute ,book is that issued in the ninth year of ,henry ,,iii41 which is also the one specially confirmed by the ,charter of ,edward ,i4 ,the ,charter of ,henry ,,iii4 differs in some 7generally7 insignificant points from that of ,john4 ,the most important difference is the omission in the later ,charter of the #adth and #aeth ,articles of ,john's ,charter1 by which the ,king is restricted from levying aids beyond the three ordinary ones1 without the assent of the ',common ,council of the ,kingdom4' and provision is made for summoning it4 ,this passage is restored by ,edward ,i4 ,magna ,charter has been solemnly confirmed upwards of thirty times4 ,see the chapter on the ,great ,charter1 in ,green's ,history of the ,english ,people4 ,see also ,stubbs's ,documents ,illustrative of ,english ,history4 ,the whole of the constitutional history of ,england1 says ,stubbs1 is a commentary on this ,charter1 the illustration of which must be looked for in the documents that precede and follow4 99 99 99 99 99 ,,confirmatio ,,chartarum ,,of ,,edward ,i4 #abig4 ,i4 ,edward1 by the grace of ,god1 ,king of ,england1 ,lord of ,ireland1 and ,duke ,guyan1 to all those that these present letters shall hear or see1 greeting4 ,know ye that we1 to the honour of ,god and of holy ,church1 and to the profit of our realm1 have granted for us and our heirs1 that the ,charter of ,liberties and the ,charter of the ,forest1 which were made by common assent of all the realm in the time of ,king ,henry our father1 shall be kept in every point without breach4 ,and we will that the same ,charters shall be sent under our seal as well to our justices of the forest as to others1 and to all sheriffs of shires1 and to all our other officers1 and to all our cities throughout the realm1 together with our writs in the which it shall be contained that they cause the foresaid ,charters to be published1 and to declare to the people that we have confirmed them in all points2 and that our justices1 sheriffs1 mayors1 and other ministers1 which under us have the laws of our land to guide1 shall allow the said ,charters pleaded before them in judgment in all their points2 that is to wit1 the ,great ,charter as the common law1 and the ,charter of the ,forest according to the assize of the ,forest1 for the wealth of our realm4 ,,ii4 ,and we will that if any judgment be given from henceforth1 contrary to the points of the ,charters aforesaid1 by the justices or by any other our ministers that hold plea before them against the points of the ,charters1 it shall be undone and holden for naught4 ,,iii4 ,and we will that the same ,charters shall be sent under our seal to cathedral churches throughout our realm1 there to remain1 and shall be read before the people two times by the year4 ,,iv4 ,and that all archbishops and bishops shall pronounce the sentence of great excommunication against all those that by word1 deed1 or counsel do contrary to the foresaid ,charters1 or that in any point break or undo them4 ,and that the said curses be twice a year denounced and published by the prelates aforesaid4 ,and if the prelates or any of them be remiss in the denunciation of the said sentences1 the ,archbishops of ,canterbury and ,york for the time being1 as is fitting1 shall compel and distrain them to make that denunciation in form aforesaid4 ,v4 ,and for so much as divers people of our realm are in fear that the aids and tasks which they have given to us beforetime towards our wars and other business1 of their own grant and goodwill1 howsoever they were made1 might turn to a bondage to them and their heirs1 because they might be at another time found in the rolls1 and so likewise the prises taken throughout the realm by our ministers2 we have granted for us and our heirs1 that we shall not draw such aids1 tasks1 nor prises into a custom1 for anything that hath been done heretofore1 or that may be found by roll or in any other manner4 ,,vi4 ,moreover we have granted for us and our heirs1 as well to archbishops1 bishops1 abbots1 priors1 and other folk of holy ,church1 as also to earls1 barons1 and to all the commonalty of the land1 that for no business from henceforth will we take such manner of aids1 tasks1 nor prises but by the common consent of the realm1 and for the common profit thereof1 saving the ancient aids and prises due and accustomed4 ,,vii4 ,and for so much as the more part of the commonalty of the realm find themselves sore grieved with the matelote of wools1 that is to wit1 a toll of forty shillings for every sack of wool1 and have made petition to us to release the same2 we1 at their requests1 have clearly released it1 and have granted for us and our heirs that we shall not take such thing nor any other without their common assent and goodwill2 saving to us and our heirs the custom of wools1 skins1 and leather1 granted before by the commonalty aforesaid4 ,in witness of which things we have caused these our letters to be made patents4 ,witness ,edward our son1 at ,london1 the #ajth day of ,october1 the five-and-twentieth of our reign4 ,and be it remembered that this same ,charter1 in the same terms1 word for word1 was sealed in ,flanders under the ,king's ,great ,seal1 that is to say1 at ,ghent1 the #eth day of ,november1 in the #ebth year of the reign of our aforesaid ,lord the ,king1 and sent into ,england4 99 99 99 99 99 ,the words of this important document1 from ,professor ,stubbs's translation1 are given as the best explanation of the constitutional position and importance of the ,charters of ,john and ,henry ,,iii4 ,see historical notice in ,stubbs's ,documents ,illustrative of ,english ,history1 p4 #dgg4 ,this is far the most important of the numerous ratifications of the ,great ,charter4 ,hallam calls it that famous statute1 inadequately denominated the ,confirmation of the ,charters1 because it added another pillar to our constitution1 not less important than the ,great ,charter itself4 ,it solemnly confirmed the two ,charters1 the ,charter of the ,forest 7issued by ,henry ,,ii4 in #abag--see text in ,stubbs1 p4 #cch7 being then considered as of equal importance with ,magna ,charta itself1 establishing them in all points as the law of the land2 but it did more4 ,hitherto the king's prerogative of levying money by name of tallage or prise1 from his towns and tenants in demesne1 had passed unquestioned4 ,some impositions1 that especially on the export of wool1 affected all the king's subjects4 ,it was now the moment to enfranchise the people and give that security to private property which ,magna ,charta had given to personal liberty4 ,edward's statute binds the king never to take any of these aids1 tasks1 and prises in future1 save by the common assent of the realm4 ,hence1 as ,bowen remarks1 the ,confirmation of the ,charters1 or an abstract of it under the form of a supposed statute de tallagio non concedendo 7see ,stubbs1 p4 #dhg71 was more frequently cited than any other enactment by the parliamentary leaders who resisted the encroachments of ,charles ,i4 ,the original of the ,confirmatio ,chartarum1 which is in ,norman ,french1 is still in existence1 though considerably shriveled by the fire which damaged so many of the ,cottonian manuscripts in #agca4 ,,the ,,grant ,,of ,,the ,,great ,,charter4 ,an island in the ,thames between ,staines and ,windsor had been chosen as the place of conference3 the ,king encamped on one bank1 while the barons--covered the marshy flat1 still known by the name of ,runnymede1 on the other4 ,their delegates met in the island between them1 but the negotiations were a mere cloak to cover ,john's purpose of unconditional submission4 ,the ,great ,charter was discussed1 agreed to1 and signed in a single day4 ,one copy of it still remains in the ,british ,museum1 injured by age and fire1 but with the royal seal still hanging from the brown1 shrivelled parchment4 ,it is impossible to gaze without reverence on the earliest monument of ,english freedom which we can see with our own eyes and touch with our own hands1 the great ,charter to which from age to age patriots have looked back as the basis of ,english liberty4 ,but in itself the ,charter was no novelty1 nor did it claim to establish any new constitutional principles4 ,the ,charter of ,henry the ,first formed the basis of the whole1 and the additions to it are for the most part formal recognitions of the judicial and administrative changes introduced by ,henry the ,second4 ,but the vague expressions of the older charters were now exchanged for precise and elaborate provisions4 ,the bonds of unwritten custom which the older grants did little more than recognize had proved too weak to hold the ,angevins2 and the baronage now threw them aside for the restraints of written law4 ,it is in this way that the ,great ,charter marks the transition from the age of traditional rights1 preserved in the nation's memory and officially declared by the ,primate1 to the age of written legislation1 of ,parliaments and ,statutes1 which was soon to come4 ,the ,church had shown its power of self-defence in the struggle over the interdict1 and the clause which recognized its rights alone retained the older and general form4 ,but all vagueness ceases when the ,charter passes on to deal with the rights of ,englishmen at large1 their right to justice1 to security of person and property1 to good government4 ',no freeman1' ran the memorable article that lies at the base of our whole judicial system1 'shall be seized or imprisoned1 or dispossessed1 or outlawed1 or in any way brought to ruin2 we will not go against any man nor send against him1 save by legal judgment of his peers or by the law of the land4' ',to no man will we sell1' runs another1 'or deny1 or delay1 right or justice4' ,the great reforms of the past reigns were now formally recognized2 judges of assize were to hold their circuits four times in the year1 and the ,court of ,common ,pleas was no longer to follow the ,king in his wanderings over the realm1 but to sit in a fixed place4 ,but the denial of justice under ,john was a small danger compared with the lawless exactions both of himself and his predecessor4 ,richard had increased the amount of the scutage which ,henry ,,ii4 had introduced1 and applied it to raise funds for his ransom4 ,he had restored the ,danegeld1 or land tax1 so often abolished1 under the new name of 'carucage1' had seized the wool of the ,cistercians and the plate of the churches1 and rated movables as well as land4 ,john had again raised the rate of scutage1 and imposed aids1 fines1 and ransoms at his pleasure without counsel of the baronage4 ,the ,great ,charter met this abuse by the provision on which our constitutional system rests4 ,with the exception of the three customary feudal aids which still remained to the crown1 'no scutage or aid shall be imposed in our realm save by the ,common ,council of the realm2' and to this ,great ,council it was provided that prelates and the greater barons should be summoned by special writ1 and all tenants in chief through the sheriffs and bailiffs1 at least forty days before4 ,but it was less easy to provide means for the control of a ,king whom no man could trust1 and a council of twenty-four barons was chosen from the general body of their order to enforce on ,john the observance of the ,charter1 with the right of declaring war on the ,king should its provisions be infringed4 ,finally1 the ,charter was published throughout the whole country1 and sworn to at every hundred-mote and town-mote by order from the ,king4--,green's ,short ,history of the ,english ,people1 p4 #abc4 99 99 99 99 99 ,,appendix ,d4 ,a ,,part ,,of ,,the ,,bill ,,of ,,rights4 ,,an ,,act ,,for ,,declaring ,,the ,,rights ,,and ,,liberties ,,of ,,the ,,subject1 ,,and ,,settling ,,the ,,succession ,,of ,,the ,,crown4 #afhi4 ,whereas the ,lords ,spiritual and ,temporal1 and ,commons1 assembled at ,westminster1 lawfully1 fully1 and freely representing all the estates of the people of this realm1 did upon the thirteenth day of ,february1 in the year of our ,lord one thousand six hundred eighty-eight o4s41#dd present unto their ,majesties1 then called and known by the names and style of ,william and ,mary1 ,prince and ,princess of ,orange1 being present in their proper persons1 a certain ,declaration in writing1 made by the said ,lords and ,commons1 in the words following1 viz43 ,footnote #dd3 ,in ,new ,style ,feb4 #bc1 #afhi4 ,whereas the late ,king ,james ,,ii41 by the assistance of divers evil counsellors1 judges1 and ministers employed by him1 did endeavour to subvert and extirpate the ,protestant religion1 and the laws and liberties of this kingdom3 #a4 ,by assuming and exercising a power of dispensing with and suspending of laws1 and the execution of laws1 without consent of ,parliament4 #b4 ,by committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power4 #c4 ,by issuing and causing to be executed a commission under the ,great ,seal for erecting a court1 called the ,court of ,commissioners for ,ecclesiastical ,causes4 #d4 ,by levying money for and to the use of the ,crown by pretence of prerogative1 for other time and in other manner than the same was granted by ,parliament4 #e4 ,by raising and keeping a standing army within this kingdom in time of peace1 without consent of ,parliament1 and quartering soldiers contrary to law4 #f4 ,by causing several good subjects1 being ,protestants1 to be disarmed1 at the same time when ,papists were both armed and employed contrary to law4 #g4 ,by violating the freedom of election of members to serve in ,parliament4 #h4 ,by prosecutions in the ,court of ,king's ,bench for matters and causes cognizable only in ,parliament1 and by divers other arbitrary and illegal causes4 #i4 ,and whereas of late years1 partial1 corrupt1 and unqualified persons have been returned1 and served on juries in trials1 and particularly divers jurors in trials for high treason1 which were not freeholders4 #aj4 ,and excessive bail hath been required of persons committed in criminal cases1 to elude the benefit of the laws made for the liberty of the subjects4 #aa4 ,and excessive fines have been imposed2 and illegal and cruel punishments inflicted4 #ab4 ,and several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied4 ,all which are utterly and directly contrary to the known laws and statutes1 and freedom of this realm4 ,and whereas the said late ,king ,james ,,ii4 having abdicated the government1 and the throne being thereby vacant1 his ,highness the ,prince of ,orange 7whom it hath pleased ,almighty ,god to make the glorious instrument of delivering this kingdom from popery and arbitrary power7 did 7by the advice of the ,lords ,spiritual and ,temporal1 and divers principal persons of the ,commons7 cause letters to be written to the ,lords ,spiritual and ,temporal1 being ,protestants1 and other letters to the several counties1 cities1 universities1 boroughs1 and cinque ports1 for the choosing of such persons to represent them as were of right to be sent to ,parliament1 to meet and sit at ,westminster upon the two-and-twentieth day of ,january1 in this year one thousand six hundred eighty and eight1#de in order to such an establishment1 as that their religion1 laws1 and liberties might not again be in danger of being subverted2 upon which letters elections have been accordingly made4 ,footnote #de3 ,in ,new ,style ,feb4 #a1 #afhi4 ,and thereupon the said ,lords ,spiritual and ,temporal1 and ,commons1 pursuant to their respective letters and elections1 being now assembled in a full and free representation of this nation1 taking into their most serious consideration the best means for attaining the ends aforesaid1 do in the first place 7as their ancestors in like case have usually done7 for the vindicating and asserting their ancient rights and liberties1 declare3 #a4 ,that the pretended power of suspending of laws1 or the execution of laws by regal authority1 without consent of ,parliament1 is illegal4 #b4 ,that the pretended power of dispensing with laws1 or the execution of laws by regal authority1 as it hath been assumed and exercised of late1 is illegal4 #c4 ,that the commission for erecting the late ,court of ,commissioners for ,ecclesiastical ,causes1 and all other commissions and courts of like nature1 are illegal and pernicious4 #d4 ,that levying money for or to the use of the ,crown by pretence and prerogative1 without grant of ,parliament1 for longer time or in other manner than the same is or shall be granted1 is illegal4#df #e4 ,that it is the right of the subjects to petition the ,king1 and all commitments and prosecutions for such petitioning are illegal4#dg #f4 ,that the raising or keeping a standing army within the kingdom in time of peace1 unless it be with consent of ,parliament1 is against law4#dh #g4 ,that the subjects which are ,protestants may have arms for their defence suitable to their conditions1 and as allowed by law4#di #h4 ,that election of members of ,parliament ought to be free4 #i4 ,that the freedom of speech1 and debates or proceedings in ,parliament1 ought not to be impeached or questioned in any court or place out of ,parliament4#ej #aj4 ,that excessive bail ought not to be required1 nor excessive fines imposed2 nor cruel and unusual punishments inflicted4#ea #aa4 ,that jurors ought to be duly impanelled and returned1 and jurors which pass upon men in trials for high treason ought to be freeholders4#eb ,footnote #df3 ,compare this clause #d with clauses #ab and #ad of ,magna ,charta1 and with ,art4 ,i4 ,section vii4 clause #a of the ,constitution of the ,united ,states4 ,footnote #dg3 ,compare clause #e with ,amendment ,i4 ,footnote #dh3 ,compare clause #f with ,amendment ,,iii4 ,footnote #di3 ,compare clause #g with ,amendment ,,ii4 ,footnote #ej3 ,compare clause #i with ,constitution1 ,art4 ,i4 ,section vi4 clause #a4 ,footnote #ea3 ,compare clause #aj with ,amendment ,,viii4 ,footnote #eb3 ,compare clause #aa with ,amendments ,,vi4 and ,,vii4 #ab4 ,that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void4 #ac4 ,and that for redress of all grievances1 and for the amending1 strengthening1 and preserving of the laws1 ,parliament ought to be held frequently4 ,and they do claim1 demand1 and insist upon all and singular the premises1 as their undoubted rights and liberties2 and that no declarations1 judgments1 doings or proceedings1 to the prejudice of the people in any of the said premises1 ought in any wise to be drawn hereafter into consequence or example4 ,to which demand of their rights they are particularly encouraged by the declaration of his ,highness the ,prince of ,orange1 as being the only means for obtaining a full redress and remedy therein4 ,having therefore an entire confidence that his said ,highness the ,prince of ,orange will perfect the deliverance so far advanced by him1 and will still preserve them from the violation of their rights1 which they have here asserted1 and from all other attempts upon their religion1 rights1 and liberties3 ,,ii4 ,the said ,lords ,spiritual and ,temporal1 and ,commons1 assembled at ,westminster1 do resolve1 that ,william and ,mary1 ,prince and ,princess of ,orange1 be1 and be declared1 ,king and ,queen of ,england1 ,france1 and ,ireland1 and the dominions thereunto belonging1 to hold the crown and royal dignity of the said kingdoms and dominions to them the said ,prince and ,princess during their lives1 and the life of the survivor of them2 and that the sole and full exercise of the regal power be only in1 and executed by1 the said ,prince of ,orange1 in the names of the said ,prince and ,princess1 during their joint lives2 and after their deceases1 the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said ,princess2 and for default of such issue to the ,princess ,anne of ,denmark1 and the heirs of her body2 and for default of such issue to the heirs of the body of the said ,prince of ,orange4 ,and the ,lords ,spiritual and ,temporal1 and ,commons1 do pray the said ,prince and ,princess to accept the same accordingly4 ,the act goes on to declare that1 their ,majesties having accepted the crown upon these terms1 the rights and liberties asserted and claimed in the said declaration are the true1 ancient1 and indubitable rights and liberties of the people of this kingdom1 and so shall be esteemed1 allowed1 adjudged1 deemed1 and taken to be1 and that all and every the particulars aforesaid shall be firmly and strictly holden and observed1 as they are expressed in the said declaration2 and all officers and ministers whatsoever shall serve their ,majesties and their successors according to the same in all times to come4 ,the act then declares that ,william and ,mary are and of right ought to be ,king and ,queen of ,england1 etc42 and it goes on to regulate the succession after their deaths4 ,the passing of the ,bill of ,rights in #afhi restored to the monarchy the character which it had lost under the ,tudors and the ,stuarts4 ,the right of the people through its representatives to depose the ,king1 to change the order of succession1 and to set on the throne whom they would1 was now established4 ,all claim of divine right1 or hereditary right independent of the law1 was formally put an end to by the election of ,william and ,mary4 ,since their day no ,english sovereign has been able to advance any claim to the crown save a claim which rested on a particular clause in a particular ,act of ,parliament4 ,william1 ,mary1 and ,anne were sovereigns simply by virtue of the ,bill of ,rights4 ,george the ,first and his successors have been sovereigns solely by virtue of the ,act of ,settlement4 ,an ,english monarch is now as much the creature of an ,act of ,parliament as the pettiest tax-gatherer in his realm4--,green's ,short ,history1 p4 #fgc4 99 99 99 99 99 ,,appendix ,e4 ,,the ,,fundamental ,,orders ,,of ,,connecticut4 #afch7i74 ,the first written constitution that created a government4 ,forasmuch as it hath pleased the ,allmighty ,god by the wise disposition of his diuyne pruidence so to ,order and dispose of things that we the ,inhabitants and ,residents of ,windsor1 ,harteford and ,wethersfield are now cohabiting and dwelling in and vppon the ,river of ,conectecotte and the ,lands thereunto adioyneing2 ,and well knowing where a people are gathered togather the word of ,god requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent ,gouerment established according to ,god1 to order and dispose of the affayres of the people at all seasons as occation shall require2 doe therefore assotiate and conioyne our selues to be as one ,publike ,state or ,comonwelth2 and doe1 for our selues and our ,successors and such as shall be adioyned to vs att any tyme hereafter1 enter into ,combination and ,confederation togather1 to mayntayne and p'rsearue the liberty and purity of the gospell of our ,lord ,jesus w'ch we now p'rfesse1 as also the disciplyne of the ,churches1 w'ch according to the truth of the said gospell is now practised amongst vs2 ,as also in o'r ,ciuell ,affaires to be guided and gouerned according to such ,lawes1 ,rules1 ,orders and decrees as shall be made1 ordered decreed1 as followeth3-- #a4 ,it is ,ordered1 sentenced and decreed1 that there shall be yerely two generall ,assemblies or ,courts1 the one the second thursday in ,aprill1 the other the second thursday in ,september1 following2 the first shall be called the ,courte of ,election1 wherein shall be yerely ,chosen from tyme to tyme soe many ,magestrats and other publike ,officers as shall be found requisitte3 ,whereof one to be chosen ,gouernour for the yeare ensueing and vntill another be chosen1 and noe other ,magestrate to be chosen for more than one yeare2 p'ruided allwayes there be sixe chosen besids the ,gouernour2 w'ch being chosen and sworne according to an ,oath recorded for that purpose shall haue power to administer iustice according to the ,lawes here established1 and for want thereof according to the rule of the word of ,god2 w'ch choise shall be made by all that are admitted freemen and haue taken the ,oath of ,fidellity1 and doe cohabitte w'thin this ,jurisdiction1 7hauing beene admitted ,inhabitants by the maior p'rt of the ,towne wherein they liue17 or the mayor p'rte of such as shall be then p'rsent4 #b4 ,it is ,ordered1 sentensed and decreed1 that the ,election of the aforesaid ,magestrats shall be on this manner3 euery p'rson p'rsent and quallified for choyse shall bring in 7to the p'rsons deputed to receaue them7 one single pap'r w'th the name of him written in yet whom he desires to haue ,gouernour1 and he that hath the greatest number of papers shall be ,gouernor for that yeare4 ,and the rest of the ,magestrats or publike ,officers to be chosen in this manner3 ,the ,secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly1 and euery one that would hane the p'rson nominated to be chosen shall bring in one single paper written vppon1 and he that would not haue him chosen shall bring in a blanke3 and euery one that hath more written papers then blanks shall be a ,magistrat for that yeare2 w'ch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein2 but in case there should not be sixe chosen as aforesaid1 besids the ,gouernor1 out of those w'ch are nominated1 then he or they w'ch haue the most written pap'rs shall be a ,magestrate or ,magestrats for the ensueing yeare1 to make vp the foresaid number4 #c4 ,it is ,ordered1 sentenced and decreed1 that the ,secretary shall not nominate any p'rson1 nor shall any p'rson be chosen newly into the ,magestracy w'ch was not p'rpownded in some ,generall ,courte before1 to be nominated the next ,election2 and to that end yt shall be lawfull for ech of the ,townes aforesaid by their deputyes to nominate any two whom they conceaue fitte to be put to election2 and the ,courte may ad so many more as they iudge requisitt4 #d4 ,it is ,ordered1 sentenced and decreed that noe p'rson be chosen ,gouernor aboue once in two yeares1 and that the ,gouernor be always a member of some approved congregation1 and formerly of the ,magestracy w'th this ,jurisdiction2 and all the ,magestrats ,freemen of this ,comonwelth3 and that no ,magestrate or other publike officer shall execute any p'rte of his or their ,office before they are seuerally sworne1 w'ch shall be done in the face of the ,courte if they be p'rsent1 and in case of absence by some deputed for that purpose4 #e4 ,it is ,ordered1 sentenced and decreed1 that to the aforesaid ,conrte of ,election the seu'rall ,townes shall send their deputyes1 and when the ,elections are ended they may p'rceed in any publike searuice as at other ,courts4 ,also the other ,generall ,courte in ,september shall be for makeing of lawes1 and any other publike occation1 w'ch conserns the good of the ,comonwelth4 #f4 ,it is ,ordered1 sentenced and decreed1 that the ,gou'rnor shall1 ether by himselfe or by the secretary1 send out sumons to the ,constables of eu'r ,towne for the cauleing of these two standing ,courts1 on month at lest before their seu'rall tymes3 ,and also if the ,gou'rnor and the gretest p'rte of the ,magestrats see cause vppon any spetiall occation to call a generall ,courte1 they may giue order to the secretary soe to doe w'thin fowerteene dayes warneing2 and if vrgent necessity so require1 vppon a shorter notice1 giueing sufficient grownds for yt to the deputyes when they meete1 or els be questioned for the same2 ,and if the ,gou'rnor and ,mayor p'rte of ,magestrats shall ether neglect or refuse to call the two ,generall standing ,courts or ether of them1 as also at other tymes when the occations of the ,comonwelth require1 the ,freemen thereof1 or the ,mayor p'rte of them1 shall petition to them soe to doe3 if then yt be ether denyed or neglected the said ,freemen or the ,mayor p'rte of them shall haue power to giue order to the ,constables of the seuerall ,townes to doe the same1 and so may meete togather1 and ehuse to themselues a ,moderator1 and may p'rceed to do any ,acte of power1 w'ch any other ,generall ,courte may4 #g4 ,it is ,ordered1 sentenced and decreed that after there are warrants giuen out for any of the said ,generall ,courts1 the ,constable or ,constables of ech ,towne shall forthw'th give notice distinctly to the inhabitants of the same1 in some ,publike ,assembly or by goeing or sending from howse to howse1 that at a place and tyme by him or them lymited and sett1 they meet and assemble the3 selues togather to elect and chuse certen deputyes to be att the ,generall ,courte then following to agitate the afayres of the comonwelth2 w'ch said ,deputyes shall be chosen by all that are admitted ,inhabitants in the seu'rall ,townes and haue taken the oath of fidellity2 p'ruided that non be chosen a ,deputy for any ,generall ,courte w'ch is not a ,freeman of this ,comonwelth4 ,the foresaid deputyes shall be chosen in manner following3 euery p'rson that is p'rsent and quallified as before exp'rssed1 shall bring the names of such1 written in seu'rrall papers1 as they desire to haue chosen for that ,imployment4 and these #c or #d1 more or lesse1 being the number agreed on to be chosen for that tyme1 that haue greatest number of papers written for the3 shall be deputyes for that ,courte2 whose names shall be endorsed on the backe side of the warrant and returned into the ,courte1 w'th the ,constable or ,constables hand vnto the same4 #h4 ,it is ,ordered1 sentenced and decreed1 that ,wyndsor1 ,hartford and ,wethersfield shall haue power1 ech ,towne1 to send fower of their freemen as deputyes to euery ,generall ,courte2 and whatsoeuer other ,townes shall be hereafter added to this ,jurisdiction1 they shall send so many deputyes as the ,courte shall judge meete1 a resonable p'rportion to the number of ,freemen that are in the said ,townes being to be attended therein2 w'ch deputyes shall have the power of the whole ,towne to giue their voats and alowance to all such lawes and orders as may be for the publike good1 and unto w'ch the said ,townes are to be bownd4 #i4 ,it is ordered and decreed1 that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any ,generall ,courte to aduise and consult of all such things as may concerne the good of the publike1 as also to examine their owne ,elections1 whether according to the order1 and if they or the gretest p'rte of them find any election to be illegall they may seclud such for p'rsent from their meeting1 and returne the same and their resons to the ,courte2 and if yt proue true1 the ,courte may fyne the p'rty or p'rtyes so intruding and the ,towne1 if they see cause1 and giue out a warrant to goe to a newe election in a legall way1 either in p'rte or in whole4 ,also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings1 or for not coming in due tyme or place according to appoyntment2 and they may returne the said fynes into the ,courte if yt be refused to be paid1 and the tresurer to take notice of yt1 and to estreete or levy the same as he doth other fynes4 #aj4 ,it is ,ordered1 sentenced and decreed1 that euery ,generall ,courte1 except such as through neglecte of the ,gou'rnor and the greatest p'rte of ,magestrats the ,freemen themselves doe call1 shall consist of the ,gouernor1 or some one chosen to moderate the ,court1 and #d other ,magestrats at lest1 w'th the mayor p'rte of the deputyes of the geuerall ,townes legally chosen2 and in case the ,freemen or mayor p'rte of them1 through neglect or refusall of the ,gouernor and mayor p'rte of the magestrats1 shall call a ,courte1 y't shall consist of the mayor p'rte of ,freemen that are p'rsent or their deputyes1 w'th a ,moderator chosen by the3 ,in w'ch said ,generall ,courts shall consist the supreme power of the ,comonwelth1 and they only shall haue power to make laws or repeale the31 to graunt leuyes1 to admitt of ,freemen1 dispose of lands vndisposed of1 to seuerall ,townes or p'rsons1 and also shall haue power to call ether ,courte or ,magestrate or any other p'rson whatsoeuer into question for any misdemeanour1 and may for just causes displace or deale otherwise according to the nature of the offence2 and also may deale in any other matter that concerns the good of this comonwelth1 excepte election of ,magestrats1 w'ch shall be done by the whole boddy of ,freemen4 ,in w'ch ,courte the ,gouernour or ,moderator shall haue power to order the ,courte to giue liberty of spech1 and silence vnceasonable and disorderly speakeings1 to put all things to voate1 and in case the vote be equall to haue the casting voice4 ,but non of these ,courts shall be adiorned or dissolued w'thout the consent of the maior p'rte of the ,court4 #aa4 ,it is ordered1 sentenced and decreed1 that when any ,generall ,courte vppon the occations of the ,comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall ,townes w'thin this ,jurisdiction1 that a ,comittee be chosen to sett out and appoynt w't shall be the p'rportion of euery ,towne to pay of the said letiy1 p'rvided the ,comittees be made up of an equall number out of each ,towne4 #ad'th ,january1 #afch1 the #aa ,orders abouesaid are voted4 ,,the ,,oath ,,of ,,the ,,gou',,rnor1 ,,for ,,the ,p',,rsent4 ,i ---- being now chosen to be ,gou'rnor wthin this ,jurisdiction1 for the yeare ensueing1 and vntil a new be chosen1 doe sweare by the greate and dreadfull name of the everliueing ,god1 to p'rmote the publicke good and peace of the same1 according to the best of my skill2 as also will mayntayne all lawfull priuiledges of this ,comonwealth2 as also that all wholesome lawes that are or shall be made by lawfull authority here established1 be duly executed2 and will further the execution of ,justice according to the rule of ,gods word2 so helpe me ,god1 in the name of the ,lo3 ,jesus ,christ4 ,,the ,,oath ,,of ,a ,,magestrate1 ,,for ,,the ,p',,rsent4 ,i1 ---- being chosen a ,magestrate w'thin this ,jurisdiction for the yeare ensueing1 doe sweare by the great and dreadfull name of the euerliueing ,god1 to p'rmote the publike good and peace of the same1 according to the best of my skill1 and that ,i will mayntayne all the lawfull priuiledges thereof according to my vnderstanding1 as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull authority heare established1 and will further the execution of ,justice for the tyme aforesaid according to the righteous rule of ,gods word2 so helpe me ,god1 etc4 ,until #ageb1 the legal year in ,england began ,march #be 7,lady ,day71 not ,january #a4 ,all the days between ,january #a and ,march #be of the year which we now call #afci were therefore then a part of the year #afch2 so that the date of the ,constitution is given by its own terms as #afch1 instead of #afci4 ,,appendix ,f4 ,,the ,,states ,,classified ,,according ,,to ,,origin4 #a4 ,the thirteen original states4 #b4 ,states formed directly from other states4 ,vermont from territory disputed between ,new ,york and ,new ,hampshire1 ,kentucky from ,virginia1 ,maine from ,massachusetts1 ,west ,virginia from ,virginia4 #c4 ,states from the ,northwest ,territory 7see p4 #bec74 ,ohio1 ,michigan1 ,indiana1 ,wisconsin1 ,illinois1 ,minnesota1 in part4 #d4 ,states from other territory ceded by states4 ,tennessee1 ceded by ,north ,carolina1 ,alabama1 ceded by ,south ,carolina and ,georgia1 ,mississippi1 ceded by ,south ,carolina and ,georgia4 #e4 ,states from the ,louisiana purchase 7see p4 #bec74 ,louisiana1 ,north ,dakota1 ,arkansas1 ,south ,dakota1 ,missouri1 ,montana1 ,kansas1 ,minnesota1 in part1 ,nebraska1 ,wyoming1 in part1 ,iowa1 ,colorado1 in part4 #f4 ,states from ,mexican cessions4 ,california1 ,wyoming1 in part1 ,nevada1 ,colorado1 in part4 #g4 ,states from territory defined by treaty with ,great ,britain 7see p4 #bed74 ,oregon1 ,washington1 ,idaho4 #h4 ,states from other sources4 ,florida1 from a ,spanish cession1 ,texas1 by annexation 7see p4 #bed74 ,,appendix ,g4 ,,table ,,of ,,states ,,and ,,territories4 7,ratio of representation based on census of #ahij--agc1ija47 ,popula- ,popula- ,rep tion to ,area in tion1 in ,elect4 ,dates4 ,no4 ,names4 sq4m4 sq4 m4 #ahij4 ,cong vote #ahib4 #ahib4 ,ratified the ,constitution4 #aghg1 ,dec4 #g #a ,delaware #hb4a #b1jej #afh1dic #a #c ,dec4 #ab #b ,pennsylvania #aaa4b #de1bae #e1beh1jad #cj #cb ,dec4 #ah #c ,new ,jersey #agi4g #g1hae #a1ddd1icc #h #aj #aghh1 ,jan4 #b #d ,georgia #cj4h #ei1dge #a1hcg1cec #aa #ac ,jan4 #i #e ,connecticut #adi4e #d1iij #gdf1beh #d #f ,feb4 #f #f ,massachusetts #bfi4b #h1cae #b1bch1idc #ac #ae ,april #bh #g ,maryland #he4c #ab1baj #a1jdb1cij #f #h ,may #bc #h ,south ,carolina #cg4f #cj1egj #a1aea1adi #g #i ,june #ba #i ,new ,hampshire #dj4d #i1cje #cgf1ecj #b #d ,june #be #aj ,virginia #ci4 #db1dej #a1fee1ihj #aj #ab ,july #bf #aa ,new ,york #aba4i #di1agj #e1iig1hec #cd #ce #aghi1 ,nov4 #ba #ab ,north ,carolina #cj4i #eb1bej #a1fag1idg #i #aa #agij1 ,may #bi #ac ,rhode ,island #bgf4d #a1bej #cde1ejf #b #d ,admitted to the ,union4 #agia1 ,march #d #ad ,vermont #cd4f #i1efe #ccb1dbb #b #d #agib1 ,june #a #ae ,kentucky #df4 #dj1djj #a1heh1fce #aa #ac #agif1 ,june #a #af ,tennessee #db4 #db1jej #a1gfg1eah #aj #ab #ahjc1 ,feb4 #ai #ag ,ohio #hi4d #da1jfj #c1fgb1caf #ba #bc #ahab1 ,april #cj #ah ,louisiana #bb4i #dh1gbj #a1aah1ehg #f #h #ahaf1 ,dec4 #aa #ai ,indiana #fj4c #cf1cej #b1aib1djd #ac #ae #ahag1 ,dec4 #aj #bj ,mississippi #db4g #df1haj #a1bhi1fjj #g #i #ahah1 ,dec4 #c #ba ,illinois #fg4e #ef1fej #c1hbf1cea #bb #bd #ahai1 ,dec4 #ad #bb ,alabama #bh4i #eb1bej #a1eac1jag #i #aa #ahbj1 ,march #ae #bc ,maine #bj4 #cc1jdj #ffa1jhf #d #f #ahba1 ,aug4 #aj #bd ,missouri #ch4e #fi1dae #b1fgi1ahd #ae #ag #ahcf1 ,june #ae #be ,arkansas #bj4i #ec1hej #a1abh1agi #f #h #ahcg1 ,jan4 #be #bf ,michigan #ce4e #eh1iae #b1jic1hhi #ab #ad #ahde1 ,march #c #bg ,florida #f4f #eh1fhj #cia1dbb #b #d #ahae1 ,dec4 #bi #bh ,texas #h4d #bfe1ghj #b1bce1ebc #ac #ae #ahdf1 ,dec4 #bh #bi ,iowa #cd4a #ef1jbe #a1iaa1hif #aa #ac #ahdh1 ,may #bi #cj ,wisconsin #cj4 #ef1jdj #a1fhf1hhj #aj #ab #ahej1 ,sept4 #i #ca ,california #g4f #aeh1cfj #a1bjh1acj #g #i #aheh1 ,may #aa #cb ,minnesota #ae4f #hc1cfe #a1cja1hbf #g #i #ahei1 ,feb4 #ad #cc ,oregon #c4b #if1jcj #cac1gfg #b #d #ahfa1 ,jan4 #bi #cd ,kansas #ag4c #hb1jhj #a1dbg1jif #h #aj #ahfc1 ,june #ai #ce ,west ,virginia #cj4g #bd1ghj #gfb1gid #d #f #ahfd1 ,oct4 #ca #cf ,nevada #j4d #aaj1gjj #de1gfa #a #c #ahfg1 ,march #a #cg ,nebraska #ac4f #gg1eaj #a1jeh1iaj #f #h #ahgf1 ,aug4 #a #ch ,colorado #c4i #ajc1ibe #dab1aih #b #d #ahhi1 ,nov4 #b #ci ,north ,dakota #b4e #gj1gie #ahb1gai #a #c #dj ,south ,dakota #d4b #gg1fej #cbh1hjh #b #d #ahhi1 ,nov4 #h #da ,montana #j4i #adf1jhj #acb1aei #a #c #ahhi1 ,nov4 #aa #db ,washington #e4 #fi1ahj #cdi1cij #b #d #ahij1 ,july #c #dc ,idaho #j4i #hd1hjj #hd1che #a #c #ahij1 ,july #aj #dd ,wyoming #j4f #ig1hij #fj1gje #a #c ,organised4 #ahej1 ,sept4 #i ,utah #b4d #hd1igj #bjg1ije #ahej1 ,sept4 #i ,new ,mexico #a4b #abb1ehj #aec1eic #ahfc1 ,feb4 #bd ,arizona #j4e #aac1jbj #ei1fbj #ahfh1 ,july #bg ,alaska #egg1cij no census #ahcd1 ,june #cj ,indian ,territory #ca1djj no census #ahhi1 ,april #bb ,oklahoma #a4e #ci1jcj #fa1hcd #agia1 ,mar #c ,dist4 of ,c4 #c1bia4a #gj #bcj1cib #ahib1 total ,house of ,representatives #cef ,senate #hh electoral votes1 #ddd4 ,,appendix ,h4 ,,population ,,of ,,the ,,united ,,states1 #agij-ahij1 ,showing ,percentages of ,urban ,population4 ,date4 ,pop4 of ,u4,s4 ,no4 of ,pop4 of ,cities4 of ,cities of ,urban ,pop4 ---------------------------------------- --------------------------- #agij #c1ibi1bad #f #aca1dgb #c4cc #ahjj #e1cjh1dhc #f #baj1hgc #c4i #ahaj #g1bci1hha #aa #cef1ibj #d4i #ahbj #i1fcc1hbb #ac #dgd1ace #d4i #ahcj #ab1hff1jbj #bf #hfd1eji #f4g #ahdj #ag1jfi1dec #dd #a1dec1iid #h4e #ahej #bc1aia1hgf #he #b1hig1ehf #ab4e #ahfj #ca1ddc1cba #ada #e1jgb1bef #af4a #ahgj #ch1eeh1cga #bbf #h1jga1hge #bj4i #ahhj #ej1aee1ghc #bhf #aa1cah1eig #bb4e #ahij #fb1fbb1bej #ddc #ah1bce1fgj #bi4a ---------------------------------------- ---------------------------- ,,appendix ,i4 ,,an ,,examination ,,paper ,,for ,,customs ,,clerks4 ,applicant's ,no44 ,,applicant',s ,,declaration4 ,,directions4--#a4 ,the number above is your examination number4 ,write it at the top of every sheet given you in this examination4 #b4 ,fill promptly all the blanks in this sheet4 ,any omission may lead to the rejection of your papers4 #c4 ,write all answers and exercises in ink4 #d4 ,write your name on no other sheet but this4 ,place this sheet in the envelope4 ,write your number on the envelope and seal the same4 ,,declaration4 ,i declare upon my honour as follows3 #a4 ,my true and full name is 7if female1 please say whether ,mrs4 or ,miss7 #b4 ,since my application was made ,i have been living at 7give all the places7 #c4 ,my post-office address in full is #d4 ,if examined within twelve months for the civil service--for any post-office1 custom-house1 or ,department at ,washington--state the time1 place1 and result4 #e4 ,if you have ever been in the civil service1 state where and in what position1 and when you left it and the reasons therefor4 #f4 ,are you now under enlistment in the army or navy8 #g4 ,if you have been in the military or naval service of the ,united ,states1 state which1 and whether you were honourably discharged1 when1 and for what cause4 #h4 ,since my application no change has occurred in my health or physical capacity except the following3 #i4 ,i was born at ----1 on the ---- day of ----1 #ahh4 #aj4 ,my present business or employment is #aa4 ,i swore to my application for this examination as near as ,i can remember at 7town or city of7 ----1 on the ---- day of ----1 #ahh4 ,all the above statements are true1 to the best of my knowledge and belief4 7,signature in usual form47------------ ,dated at the city of ----1 ,state of ----1 this ---- day of ----1 #ahh4 ,,first ,,subject4 ,question #a4 ,one of the examiners will distinctly read 7at a rate reasonable for copying7 fifteen lines from the ,civil-,service ,law or ,rules1 and each applicant will copy the same below from the reading as it proceeds4 ,question #b4 ,write below at length the names of fifteen ,states and fifteen cities of the ,union4 ,question #c4 ,copy the following precisely3 ,and in my opinion1 sir1 this principle of claiming monopoly of office by the right of conquest1 unless the public shall effectually rebuke and restrain it1 will effectually change the character of our ,government4 ,it elevates party above country2 it forgets the common weal in the pursuit of personal emolument2 it tends to form1 it does form1 we see that it has formed1 a political combination1 united by no common principles or opinions among its members1 either upon the powers of the ,government or the true policy of the country1 but held together simply as an association1 under the charm of a popular head1 seeking to maintain possession of the ,government by a vigorous exercise of its patronage1 and for this purpose agitating and alarming and distressing social life by the exercise of a tyrannical party proscription4 ,sir1 if this course of things cannot be checked1 good men will grow tired of the exercise of political privileges4 ,they will see that such elections are but a mere selfish contest for office1 and they will abandon the ,government to the scramble of the bold1 the daring1 and the desperate4--,daniel ,webster on ,civil ,service1 in #ahcb4 ,question #d4 ,correct any errors in spelling which you find in the following sentences1 writing your letters so plainly that no one of them can be mistaken3 ,unquestionebly every federil offeser should be able to spell corectly the familier words of his own languege4 ,lose her hankercheif and elivate her head immediatly or she will spedily loose her life by strangelation4 ,,second ,,subject4 ,question #a4 ,multiply #bcdagje by #bchgj and divide the product by #fghi4 ,give operation in full4 ,question #b4 ,divide two hundred and five thousand two hundred and five1 and two hundred and five ten-thousandths1 by one hundred thousand one hundred1 and one hundredth4 ,question #c4 ,multiply #aj-b_/c by #g-a_/h and divide the product by #i-a_/b1 reducing the same to the simplest form4 ,give operation in full4 ,question #d4 ,the annual cost of the public schools of a city is #cf1hdh4 ,what school-tax must be assessed1 the cost of collecting being #b per cent41 and #f per cent of the assessed tax being uncollectible8 ,give operation in full4 ,question #e4 ,add #g-c_/d1 #c_/e of #f-b_/i1 #h-aa_/ab1 #f-a_/b divided by #h-a_/h1 and reduce to lowest terms4 ,give operation in full4 ,question #f4 ,the ,government sold #cjjj old muskets at #bb-a_/b per cent1 of their cost4 ,the purchaser becoming insolvent paid only #ac per cent4 of the price he agreed to pay2 that is1 he paid #ijj4 ,what did each musket cost the ,government8 ,give operation in full4 ,question #g4 ,what will it cost to carpet a room #cf feet wide by #gb feet long with #c_/d width carpet at #b4ab per yard1 including cost of carpet-lining at #aa cents a square yard and #ab cents a yard for making and laying the carpet8 ,give operation in full4 ,question #h4 ,a owned #g_/h of a ship and sold #d_/e of his share to ,b1 who sold #e_/i of what he bought to ,c1 who sold #f_/g of what he bought to ,d4 ,what part of the whole vessel did ,d buy8 ,give operation in full4 ,question #i4 ,a man bought a cargo of wool and sold seven thousand and forty-five ten-thousandths of it4 ,how much had he left8 ,give operation in full in decimal fractions4 ,question #aj4 ,a merchant imported from ,bremen #cb pieces of linen of #cb yards each1 on which he paid for the duties1 at #bd per cent1 #abb4ch1 and other charges to the amount of #dj4if4 ,what was the invoice value per yard1 and the cost per yard after duties and charges were paid8 ,give operation1 in full4 ,,third ,,subject4 ,question #a4 ,on a mortgage for #c1abe1 dated ,july #e1 #ahhj 7interest at #c-a_/b per cent71 a payment of #hdj was made ,april #bc1 #ahha4 ,what amount was due ,january #ag1 #ahhb8 ,give operation in full4 ,question #b4 ,the ,government sold an old vessel for #afj1jjj1 payable two fifths in eight months and the residue in seventeen months from the sale4 ,what was the present cash value of the vessel1 the current rate of interest on money being five per cent8 ,give operation in full4 ,question #c4 ,write a promissory note to be given by ,j4 ,brown to ,j4 ,smith1 for #fj days1 without grace1 for #ejj1 at #e per cent interest1 and state what amount will be due at maturity of the note4 ,question #d4 ,james ,x4 ,young1 a contractor1 had the following dealings with the ,treasury ,department3 ,he furnished ,january #d1 #ahhb1 #ad tables at #af each2 ,june #f1 #ahhb1 #ahj desks at #ah4ej each2 ,december #g1 #ahhb1 #aej chairs at #b each1 and ,july #ah1 #ahhc1 #ad book-cases at #ij each4 ,he was paid cash as follows3 ,january #ca1 #ahhb1 #bbd2 ,june #cj1 #a1hjj2 ,december #ah1 #cjj2 and ,july #ca1 #ahhc1 he was allowed on settlement #ge for cartage and charged #be for breakages4 ,state his account and show balance due4 ,,fourth ,,subject4 ,question #a4 ,state the meaning of tense and of mood1 and explain the difference between them in the ,english language or grammar4 ,question #b4 ,correct any errors you find in the following sentences3 ,the boy done it1 and he is as restless here as he will be if he was with you4 ,he had did it and spoke of doing it before we come here4 ,question #c4 ,write a letter to ,senator ,jackson answering in full his letter of ,september #g to the ,secretary of the ,treasury in which he asks3 ,how must my nephew proceed to obtain a clerkship in the ,treasury ,department1 under the ,civil-,service ,law1 and what are the requisite qualifications of a good clerk8 ,,fifth ,,subject4 ,question #a4 ,write without abbreviation the names of fifteen seaports of the ,union4 ,question #b4 ,name four of the principal tributaries of the ,mississippi ,river4 ,question #c4 ,bound the ,state in which you live4 ,question #d4 ,which ,states are peninsular1 and upon what waters are they situated8 ,question #e4 ,name six of the principal railroads in the ,united ,states4 ,question #f4 ,name seven of the leading agricultural products of the ,united ,states1 and state in what section of the country each is most extensively cultivated4 ,,appendix ,j4 ,,the ,,new ,,york ,,corrupt ,,practices ,,act ,,of #ahij4 ,,chap4 #id4--;,,an ,,act ,,to ,,amend ,,title ,,five ,,of ,,the ,,penal ,,code ,,relating ,,to ,,crimes ,,against ,,the ,,elective ,,franchise4 ,approved by the ,governor ,april #d1 #ahij4 ,passed1 three fifths being present4 ,the ,people of the ,state of ,new ,york1 represented in ,senate and ,assembly1 do enact as follows3 ,,section #a4 ,title five of the ,penal ,code1 entitled ,of crimes against the elective franchise1 is hereby amended so as to read as follows3 ,section #da4 ,it shall be unlawful for any person1 directly or indirectly1 by himself or through any other person3 #a4 ,to pay1 lend1 or contribute1 or offer or promise to pay1 lend1 or contribute any money or other valuable consideration1 to or for any voter1 or to or for any other person1 to induce such voter to vote or refrain from voting at any election1 or to induce any voter to vote or refrain from voting at such election for any particular person or persons1 or to induce such voter to come to the polls or remain away from the polls at such election1 or on account of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person1 or having come to the poll or remained away from the polls at such election4 #b4 ,to give1 offer1 or promise any office1 place1 or employment1 or to promise to procure or endeavour to procure any office1 place1 or employment to or for any voter1 or to or for any other person1 in order to induce such voter to vote or refrain from voting at any election1 or to induce any voter to vote or refrain from voting at such election for any particular person or persons4 #c4 ,to make any gift1 loan1 promise1 offer1 procurement1 or agreement1 as aforesaid1 to1 for1 or with any person in order to induce such person to procure or endeavour to procure the election of any person1 or the vote of any voter at any election4 #d4 ,to procure or engage1 promise or endeavour to procure1 in consequence of any such gift1 loan1 offer1 promise1 procurement1 or agreement1 the election of any person or the vote of any voter at such election4 #e4 ,to advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same1 or any part thereof1 shall be used in bribery at any election1 or to knowingly pay1 or cause to be paid1 any money or other valuable thing to any person in discharge or repayment of any money1 wholly or in part1 expended in bribery at any election4 ,section #da;a4 ,it shall be unlawful for any person1 directly or indirectly1 by himself or through any other person3 #a4 ,to receive1 agree1 or contract for1 before or during an election1 any money1 gift1 loan1 or other valuable consideration1 office1 place1 or employment for himself or any other person1 for voting or agreeing to vote1 or for coming or agreeing to come to the polls1 or for remaining1 away or agreeing to remain away from the polls1 or for refraining or agreeing to refrain from voting1 or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or persons at any election4 #b4 ,to receive any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election1 or on account of himself or any other person having voted or refrained from voting for any particular person at such election1 or on account of himself or any other person having come to the polls or remained away from the polls at such election1 or on account of having induced any other person to vote or refrain from voting or to vote or refrain from voting for any particular person or persons at such election4 #da;b4 ,it shall be unlawful for any candidate for public office1 before or during an election1 to make any bet or wager with a voter1 or take a share or interest in or in any manner become a party to any such bet or wager1 or provide or agree to provide any money to be used by another in making such bet or wager1 upon any event or contingency whatever4 ,nor shall it be lawful for any person1 directly or indirectly1 to make a bet or wager with a voter1 depending upon the result of any election1 with the intent thereby to procure the challenge of such voter1 or to prevent him from voting at such election4 ,section #da;c4 ,it shall be unlawful for any person1 directly or indirectly1 by himself or any other person in his behalf1 to make use of1 or threaten to make use of1 any force1 violence1 or restraint1 or to inflict or threaten the infliction by himself1 or through any other person1 of any injury1 damage1 harm1 or loss1 or in any manner to practice intimidation upon or against any person1 in order to induce or compel such person to vote or refrain from voting at any election1 or to vote or refrain from voting for any particular person or persons at any election1 or on account of such person having voted or refrained from voting at any election4 ,and it shall be unlawful for any person by abduction1 duress1 or any forcible or fraudulent device or contrivance whatever to impede1 prevent1 or otherwise interfere with1 the free exercise of the elective franchise by any voter2 or to compel1 induce1 or prevail upon any voter either to give or refrain from giving his vote at any election1 or to give or refrain from giving his vote for any particular person at any election4 ,it shall not be lawful for any employer in paying his employees the salary or wages due them to inclose their pay in pay envelopes upon which there is written or printed any political mottoes1 devices1 or arguments containing threats1 express or implied1 intended or calculated to influence the political opinions or actions of such employees4 ,nor shall it be lawful for any employer1 within ninety days of general election to put up or otherwise exhibit in his factory1 work-shop1 or other establishment or place where his employees may be working1 any hand-bill or placard containing any threat1 notice1 or information that in case any particular ticket or candidate shall be elected1 work in his place or establishment will cease1 in whole or in part1 or his establishment be closed up1 or the wages of his workmen be reduced1 or other threats1 express or implied1 intended or calculated to influence the political opinions or actions of his employees4 ,this section shall apply to corporations1 as well as to individuals1 and any person or corporation violating the provisions of this section shall be deemed guilty of a misdemeanour1 and any corporation violating this section shall forfeit its charter4 ,section #da;d4 ,every candidate who is voted for at any public election held within this state shall1 within ten days after such election1 file as hereinafter provided an itemized statement1 showing in detail all the moneys contributed or expended by him1 directly or indirectly1 by himself or through any other person1 in aid of his election4 ,such statement shall give the names of the various persons who received such moneys1 the specific nature of each item1 and the purpose for which it was expended or contributed4 ,there shall be attached to such statement an affidavit subscribed and sworn to by such candidate1 setting forth in substance that the statement thus made is in all respects true1 and that the same is a full and detailed statement of all moneys so contributed or expended by him1 directly or indirectly1 by himself or through any other person in aid of his election4 ,candidates for offices to be filled by the electors of the entire state1 or any division or district thereof greater than a county1 shall file their statements in the office of the secretary of state4 ,the candidates for town1 village1 and city offices1 excepting the city of ,new ,york1 shall file their statements in the office of the town1 village1 or city clerk respectively1 and in cities wherein there is no city clerk1 with the clerk of the common council wherein the election occurs4 ,candidates for all other offices1 including all offices in the city and county of ,new ,york1 shall file their statements in the office of the clerk of the county wherein the election occurs4 ,section #da;e4 ,a person offending against any provision of sections forty-one and forty-one-a of this act is a competent witness against another person so offending1 and may be compelled to attend and testify upon any trial1 hearing1 proceeding1 or investigation in the same manner as any other person4 ,but the testimony so given shall not be used in any prosecution or proceeding1 civil or criminal1 against the person so testifying4 ,a person so testifying shall not thereafter be liable to indictment1 prosecution1 or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly1 in bar of such an indictment or prosecution4 ,section #da;f4 ,whosoever shall violate any provision of this title1 upon conviction thereof1 shall be punished by imprisonment in a county jail for not less than three months nor more than one year4 ,the offenses described in section#ec forty-one and forty-one-a of this act are hereby declared to be infamous crimes4 ,when a person is convicted of any offense mentioned in section forty-one of this act he shall in addition to the punishment above prescribed1 forfeit any office to which he may have been elected at the election with reference to which such offense was committed2 and when a person is convicted of any offense mentioned in section forty-one-a of this act he shall in addition to the punishment above prescribed be excluded from the right of suffrage for a period of five years after such conviction1 and it shall be the duty of the county clerk of the county in which any such conviction shall be had1 to transmit a certified copy of the record of conviction to the clerk of each county of the state1 within ten days thereafter1 which said certified copy shall be duly filed by the said county clerks in their respective offices4 ,any candidate for office who refuses or neglects to file a statement as prescribed in section forty-one-d of this act shall be deemed guilty of a misdemeanour1 punishable as above provided and shall also forfeit his office4 ,footnote #ec3 ,so in the original4 ,section #da;g4 ,other crimes against the elective franchise are defined1 and the punishment thereof prescribed by special statutes4 ,section #b4 ,section forty-one of the ,penal ,code1 as it existed prior to the passage of this act1 is hereby repealed4 ,section #c4 ,this act shall take effect immediately4 ,,appendix ,k4 ,,form ,,of ,,australian ,,ballot ,,adopted ,,in ,,massachusetts1 #ahhi4 ,,official ,,ballot ,,for ,,precinct1 ,,ward1 ,,of 7,,city ,,or ,,town71 ,,november1 #ah4 ,fac-,simile of ,signature of ,secretary4 ,secretary of the ,commonwealth4 ,,sample ,,ballot1 ,with explanations and illustration4 ,prepared by the ,ballot ,act ,league with the approval of the ,secretary of the ,commonwealth4 99 99 99 99 99 ,some representative districts elect one1 some two1 and a few three representatives to the ,general ,court4 ,worcester ,county elects four commissioners of insolvency instead of three as in other counties4 ,no county commissioners or special commissioners will be voted for in the cities of ,boston and ,chelsea or the county of ,nantucket4 99 99 99 99 99 ,forms for nominating candidates can be had at the department of the ,secretary of the ,commonwealth4 99 99 99 99 99 ,carefully observe the official specimen ballots to be posted and published just before election day4 ,to vote for a ,person1 mark a ,cross ,x ,,governor ,vote for ,,one4 ,,oliver ,,ames1 of ,easton ,republican4 ,,william ,h ,,earle1 of ,worcester ,prohibition4 ,,william ,e4 ,,russell1 of ,cambridge ,democratic4 ,,lieutenant-,,governor ,vote for ,,one4 ,,john ,,bascom1 of ,williamstown ,prohibition4 ,,john ,q4,a4 ,,brackett1 of ,arlington ,republican4 ,,john ,w4 ,,corcoran1 of ,clinton ,democratic4 ,,secretary ,vote for ,,one4 ,,william ,s4 ,,osgood1 of ,boston ,democratic4 ,,henry ,r4 ,,peirce1 of ,abington ,republican4 ,,henry ,c4 ,,smith1 of ,williamsburg ,prohibition4 ,,treasurer ,vote for ,,one4 ,,john ,m4 ,,fisher1 of ,attleborough ,prohibition4 ,,george ,a4 ,,marden1 of ,lowell ,republican4 ,,henry ,o4 ,,thacher1 of ,yarmouth ,democratic4 ,,auditor ,vote for ,,one4 ,,charles ,r4 ,,ladd1 of ,springfield ,republican4 ,,edmund ,a4 ,,stowe1 of ,hudson ,prohibition4 ,,william ,a4 ,,williams1 of ,worcester ,democratic4 ,,attorney-,,general ,vote for ,,one4 ,,allen ,,coffin1 of ,nantucket ,prohibition4 ,,samuel ,o4 ,,lamb1 of ,greenfield ,democratic4 ,,andrew ,j4 ,,waterman1 of ,pittsfield ,republican4 ,,councillor1 ,third ,district ,vote for ,,one4 ,,robert ,o4 ,,fuller1 of ,cambridge ,republican4 ,,william ,e4 ,,plummer1 of ,newton ,democratic4 ,,sylvanus ,c4 ,,small1 of ,winchester ,prohibition4 ,,senator1 ,third ,middlesex ,district ,vote for ,,one4 ,,freeman ,,hunt1 of ,cambridge ,democratic4 ,,chester ,w4 ,,kingsley1 of ,cambridge _/,republican4 ,prohibition4 ,,district ,,attorney1 ,northern ,district ,vote for ,,one4 ,,charles ,s4 ,,lincoln1 of ,somerville ,democratic4 ,,john ,m4 ,,read1 of ,lowell ,prohibition4 ,,william ,b4 ,,stevens1 of ,stoneham ,republican4 ---------------------------------------- --------------------- in the ,square at the right of the name4 ---------------------------------------- --------------------- ---------------------------------------- --------------------- ,,representatives ,,in ,,general ,,court ,first ,middlesex ,district4 ,vote for ,,two4 ,,william ,h4 ,,marble1 of ,cambridge ,prohibition4 ,,isaac ,mc,l,e,a,n1 of ,cambridge ,democratic4 ,,george ,a4 ,,perkins1 of ,cambridge ,democratic4 ,,john ,,read1 of ,cambridge ,republican4 ,,chester ,v4 ,,sanger1 of ,cambridge ,republican4 ,,william ,a4 ,,start1 of ,cambridge ,prohibition4 ---------------------------------------- --------------------- ,,sheriff ,vote for ,,one4 ,,henry ,g4 ,,cushing1 of ,lowell ,republican4 ,,henry ,g4 ,,harkins1 of ,lowell ,prohibition4 ,,william ,h4 ,,sherman1 of ,ayer ,democratic4 ---------------------------------------- --------------------- ,,commissioners ,,of ,,insolvency ,vote for ,,three4 ,,john ,w4 ,,allard1 of ,framingham ,democratic4 ,,george ,j4 ,,burns1 of ,ayer ,republican4 ,,william ,p4 ,,cutter1 of ,cambridge ,prohibition4 ,,frederic ,t4 ,,greenhalge1 of ,lowell ,republican4 ,,james ,,hicks1 of ,cambridge4 ,prohibition4 ,,john ,c4 ,,kennedy1 of ,newton ,republican4 ,,richard ,j4 ,mc,k,e,l,l,e,g,e,t1 of ,cambridge ,democratic4 ,,edward ,d4 ,mc,v,e,y1 of ,lowell ,democratic4 ,,elmer ,a4 ,,stevens1 of ,somerville ,prohibition4 ---------------------------------------- --------------------- ,,county ,,commissioner ,vote for ,,one4 ,,william ,s4 ,,frost1 of ,marlborough ,republican4 ,,joseph ,w4 ,,barber1 of ,sherborn ,prohibition4 ,,james ,,skinner1 of ,woburn ,democratic4 ---------------------------------------- --------------------- ,,special ,,commissioners ,vote for ,,two4 ,,henry ,,bradlee1 of ,medford ,democratic4 ,,lyman ,,dyke1 of ,stoneham ,republican4 ,,john ,j4 ,,donovan1 of ,lowell ,democratic4 ,,william ,e4 ,,knight1 of ,shirley ,prohibition4 ,,orson ,e4 ,,mallory1 of ,lowell ,prohibition4 ,,edwin ,e4 ,,thompson1 of ,woburn ,republican4 ---------------------------------------- --------------------- ,illustration3 ,,sketch ,,of ,,polling ,,place4 ,,suggestions ,,to ,,voters4 ,give your name and residence to the ballot clerk1 who1 on finding your name on the check list1 will admit you within the rail and hand you a ballot4 ,go alone to one of the voting shelves and there unfold your ballot4 ,mark a cross ,x in the square at the right of the name of each person for whom you wish to vote4 ,no other method of marking1 such as erasing names1 will answer4 ,thus1 if you wished to vote for ,john ,bowles for ,governor1 you would mark your ballot in this way3-- ,,governor ,vote for ,,one ,,john ,,bowles1 of ,taunton ,prohibition4 ,x ,,thomas ,e4 ,,means1 of ,boston ,democratic4 ,,elijah ,,smith1 of ,pittsfield ,republican4 ,if you wish to vote for a person whose name is not on the ballot1 write1 or insert by a sticker1 the name in the blank line at the end of the list of candidates for the office1 and mark a cross ,x in the square at the right of it4 ,thus1 if you wished to vote for ,george ,t4 ,morton1 of ,chelsea1 for ,governor1 you would prepare your ballot in this way3-- ,,governor ,vote for ,,one ,,john ,,bowles1 of ,taunton ,prohibition4 ,,thomas ,e4 ,,means1 of ,boston ,democratic4 ,,elijah ,,smith1 of ,pittsfield ,republican4 ,george ,t4 ,morton1 of ,chelsea ,x ,notice1 that for some offices you may vote for two or three candidates1 as stated in the ballot at the right of the name of the office to be voted for1 e4g43 ,,commissioners ,,of ,,insolvency4 ,vote for ,,three4 ,if you spoil a ballot1 return it to the ballot clerk1 who will give you another4 ,you cannot have more than two extra ballots1 or three in all4 ,you cannot remain within the rail more than ten minutes1 and in case all the shelves are in use and other voters waiting1 you are allowed only five minutes at the voting shelf4 ,before leaving the voting shelf1 fold your ballot in the same way as it was folded when you received it1 and keep it so folded until you place it in the ballot box4 ,do not show any one how you have marked your ballot4 ,go to the ballot box and give your name and residence to the officer in charge4 ,put your folded ballot in the box with the certificate of the ,secretary of the ,commonwealth uppermost and in sight4 ,you are not allowed to carry away a ballot1 whether spoiled or not4 ,a voter who declares to the presiding official 7under oath1 if required7 that he was a voter before ,may #a1 #aheg1 and cannot read1 or that he is blind or physically unable to mark his ballot1 can receive the assistance of one or two of the election officers in the marking of his ballot4