,,johns ,,hopkins ,,university ,,studies ,,in ,,historical ,,and ,,political ,,science ,,herbert ,b4 ,,adams1 ,editor ,history is past ,politics and ,politics present ,history--,freeman ,,ninth ,,series ,i-,,ii ,,government ,,and ,,administration ,,of ,,the ,,united ,,states ,,by ,,westel ,w4 ,,willoughby1 ,a4,b4 ,fellow in ,history ,,and ,,william ,f4 ,,willoughby1 ,a4,b4 ,u4,s4 ,department of ,labor #ahja ,,table ,,of ,,contents4 ,chapters4 ,i4 ,preface ,,ii4 ,government ,monarchy ,absolute ,limited ,aristocracy ,democracy ,republic ,popular ,government ,,iii4 ,functions of ,government ,necessary ,optional ,,iv4 ,colonial ,governments3 ,their ,relation to ,each ,other1 and to ,england ,provincial ,proprietary ,charter ,v4 ,steps ,toward ,union--,articles of ,confederation ,new ,england ,confederation ,albany ,convention ,stamp ,act ,congress ,first ,continental ,congress ,second ,continental ,congress ,articles of ,confederation ,elements ,tending to ,separation and to ,union ,purposes of the ,confederation ,scheme of ,government under the ,articles ,defects of the ,articles ,,vi4 ,adoption of the ,constitution ,the ,constitutional ,convention ,arguments ,for and ,against ,adoption ,,vii4 ,presidential ,succession ,,viii4 ,election of ,senators ,,ix4 ,congressional ,government ,x4 ,cabinet and ,executive ,departments ,state ,department ,treasury ,department ,war ,department ,navy ,department ,interior ,department ,commissioner of ,land ,office ,commissioner of ,pensions ,commissioner of ,patents ,commissioner of ,indian ,affairs ,bureau of ,education ,commissioner of ,railroads ,geological ,survey ,superintendent of the ,census ,post ,office ,department ,department of ,justice ,department of ,agriculture ,department of ,labor ,interstate ,commerce ,commission ,fish ,commission ,civil ,service ,commission ,government ,printing ,office ,national ,museum1 ,smithsonian ,institution1 and ,bureau of ,ethnology ,librarian of ,congress ,,xi4 ,the ,federal ,judiciary ,federal ,judicial ,system ,district ,courts ,circuit ,courts ,jurisdiction ,,xii4 ,ordinance for ,government of the ,northwest ,territory ,,xiii4 ,government of ,territories ,admission of a ,territory as a ,state ,,xiv4 ,state ,governments ,state ,constitutions ,state ,legislatures ,state ,executives ,state ,judiciary ,,xv4 ,local ,government ,in ,new ,england ,in the ,south ,in the ,west ,,xvi4 ,city ,government ,,xvii4 ,government ,revenue and ,expenditure ,federal ,government ,state and ,local ,taxes ,expenditures ,maryland ,baltimore ,,xviii4 ,money ,gold ,coin1 ,gold ,bullion1 and ,gold ,certificates ,silver ,dollars and ,silver ,certificates ,subsidiary and ,minor ,coins ,treasury ,notes ,notes of ,national ,banks ,,xix4 ,public ,lands of the ,united ,states ,educational ,grants ,land ,bounties for ,military and ,naval ,service ,land ,grants to ,states for ,internal ,improvement ,sale of ,public ,land ,under ,pre-emption ,acts ,under ,homestead ,acts ,under ,timber ,culture ,act ,certain ,lands to ,states ,grants to ,pacific and other ,railroads ,,xx4 ,reconstruction ,,xxi4 ,party ,machinery ,,xxii4 ,national ,conventions and ,presidential ,campaigns ,history and ,development of the ,national ,convention ,method of ,procedure ,,xxiii4 ,introduction to the ,study of the ,history of ,political ,parties in the ,united ,states ,bibliographical ,note ,,government ,,and ,,administration ,,of ,,the ,,united ,,states4 ,,chapter ,i4 ,preface4 ,these chapters were originally prepared for and used as a manual in the public schools of the ,district of ,columbia4 ,in a revised and amplified form they are now published as one of ,johns ,hopkins ,university ,studies in ,history and ,politics4 ,the aim of this revision is to furnish assistance to students beginning the study of the history and practical workings of our political institutions4 ,it is not the purpose to furnish a complete text-book upon the government of the ,united ,states and its administration1 but1 by a clear1 concise statement of the salient points of our federal system1 and a description of the actual workings of the characteristic features of our institutions1 to give to the student a better understanding of the manner in which the same are administered1 than is to be obtained from the ordinary text-books on ,civil ,government4 ,these ,outlines are intended as an aid to both teacher and pupil1 and for use in a class whose members are already familiar with the leading events and names in ,united ,states history4 ,the work is intended to furnish such supplementary information as can be obtained only with great difficulty by most teachers1 and which for the most part cannot be obtained at all by the pupils4 ,the authors have endeavored to make prominent the fact that our present form of government is far from being contained in the written constitution of #aghg1 and consequently1 that a study of that instrument alone will give a very inadequate idea of our government as it is4 ,the constitution was but a foundation upon which to build a government4 ,nothing like an analysis or commentary upon the constitution of the ,united ,states is here attempted4 ,the public is already well supplied with books covering that ground4 ,history proper1 except as showing the basis and reason for the establishment of our institutions1 has likewise found no place here4 ,the book is to be used chiefly as a manual1 to supply information that would otherwise need to be dictated by the instructor4 ,the ,outlines are in many particulars merely suggestive4 ,many topics are simply mentioned1 which the teacher must elaborate and explain at greater length4 ,lastly1 though this book does not pretend to give a connected account of our administration or politics1 yet the subjects have been carefully arranged in such an order as would most naturally be followed in a course to which the work is intended to be an aid4 ,,chapter ,,ii4 ,government4 ,from the earliest times of which history furnishes authentic record1 and in all countries inhabited by man1 people have found it necessary to bind themselves together by civic regulations so that certain things may be done by all in common--in short1 to establish some form of government4 ,now1 as has always been the case1 there are certain things which1 from their very nature1 cannot be left to each individual to do1 or not to do1 as he may choose1 or to do in his own way4 ,first of all1 there is the necessity of some means by which the weak may be protected from the strong4 ,the individual must be protected in his life and liberty1 and there must be some guarantee to him1 that if he is industrious the enjoyment of the product of his labor will be secured to him4 ,human nature being imperfect1 disputes and injustice are sure to arise4 ,hence comes the necessity of some power above the citizens and able to command their obedience1 some power that can administer justice according to the rights and not according to the strength of individuals4 ,to thus control the actions of individuals1 this power above the citizens1 this government1 must possess functions of three kinds4 ,first1 legislative power1 or power to declare the rules of conduct to which the citizen must conform2 second1 judicial power1 or power to interpret and declare the true meaning of these rules1 and to apply them to the particular cases that may arise2 and third1 the executive power1 or power to carry into execution these laws1 and to enforce the obedience of the citizens4 ,to the student nothing could be more interesting and instructive1 than to trace how1 as tribes and nations have progressed in civilization1 government has advanced in its development4 ,how1 as men have progressed1 first from the condition of savage hunters to the roving feeders of flocks1 then to tillers of the soil with fixed places of abode1 and finally to builders of cities teeming with trade1 commerce and manufactures2 how as men have thus improved in civilization and material well-being1 their mutual duties and common interests have become more and more important and numerous1 and government as controlling these interests and duties1 has developed in form and improved in structure until it has become an all-powerful1 complex machine1 controlling in many ways the actions1 and even the lives of its citizens4 ,for thousands of years1 governments have been developing and changing in form and functions1 and a very large part of the history of the nations of the globe is identified with the history of the development and changes of their governments4 ,as new conditions and needs have arisen1 governments have adapted themselves to them4 ,in some cases this has been done peacefully1 as in ,england1 and in others violently1 by revolutionary means1 as in ,france4 ,in some cases functions previously exercised have been relinquished1 in others1 new powers have been assumed2 but in the majority of cases1 the change has been merely in the manner of exercising this or that power4 ,all peoples have not the same characteristics1 nor have they developed under the same conditions of climate1 soil or situation4 ,different nations have1 therefore1 developed for themselves different forms of government4 ,yet these governments1 however different in their structures and administration1 are in all cases distinctly referable to four well defined types3 ,monarchy1 ,aristocracy1 ,democracy1 and the ,republic4 ,monarchy4--,a monarchy is a nation at whose head is a personal ruler1 called ,king1 ,emperor1 or ,czar1 who has control of the government1 appoints the principal officers of state1 and to whom in theory at least1 these appointees are responsible for their actions4 ,thus ,england1 ,germany1 ,spain1 ,italy1 ,sweden1 and others are monarchies4 ,the sovereign holds his position for life1 and usually acquires his throne by inheritance4 ,where the crown is nominally elective1 as in ,england1 kingship is practically hereditary1 the regular line of descent being departed from only upon rare occasions4 ,the amount of power actually exercised1 the responsibility borne by the sovereign varies widely in different countries1 and upon the basis of these differences monarchial forms of government are classified under the two heads1 ,absolute and ,limited ,monarchies4 ,an ,absolute ,monarchy4--,an absolute monarchy is one in which the sovereign or ruler is possessed of supreme power and authority1 and controls absolutely1 without limitation or interference1 all the powers of government4 ,his word is law and requires not the sanction of the people4 ,his commands are absolute and require not the formality of judicial procedure1 and are not necessarily in conformity with existing laws4 ,implicit obedience to his commands1 however arbitrary1 may be demanded1 and there is no appeal4 ,these are1 theoretically1 the powers of the absolute monarch4 ,practically1 however1 he is constrained to keep within fair bounds of justice and good policy1 lest his subjects be goaded to rebellion and revolution4 ,the absolute form of monarchy exists to-day in the empires of ,russia and ,turkey4 ,a ,limited ,monarchy4--,a limited monarchy is one in which the ruler1 though at the head of the government1 is not absolute1 but is limited in his powers by the action of a body of men1 selected by the people1 who make the laws by which the nation is to be governed4 ,the respective rights and powers of the sovereign and of the law-making body1 are determined by a collection of rules1 written or unwritten1 collectively known as the constitution4 ,the constitution contains the fundamental law of the land4 ,all acts of the government to be valid1 must be constitutional1 that is to say1 in conformity with the rules laid down in the constitution4 ,for this reason limited monarchies are also known by the name of ,constitutional ,monarchies4 ,england is the most conspicuous example of a limited or constitutional monarchy4 ,in consideration of our former connection with her1 and the extent to which we have derived our ideas of government from her political institutions1 it will be of great assistance to us if we stop for a moment to consider her government1 before proceeding to a study of our own4 ,the sovereign of ,england is termed ,king or ,queen4 ,originally possessed of almost absolute power1 the ,english ruler1 at the present day possesses very little actual power and influence1 much less in fact than the people of the ,united ,states have entrusted to their ,president4 ,the constitutional history of ,england is largely the narrative of the successive steps by which the people have wrested from royal hands and taken under their own control1 the powers of government4 ,the rights of the ,english people in the participation of their own government are not contained in the written document1 such as we possess in our constitution1 but rest upon established custom and precedent1 and various charters wrested from their kings4 ,the ,english ,parliament1 or1 to speak more exactly1 the lower branch of the ,parliament1 called the ,house of ,commons1 rules the ,english people4 ,the ,parliament or law-making branch of the ,english government1 is divided into two houses1 the ,house of ,lords1 and the ,house of ,commons4 ,the ,house of ,lords is1 as its name denotes1 composed mainly of members of the noble families of ,england1 who owe their seat in that body to the chance of birth4 ,theoretically possessed of powers of legislation equal to those exercised by the lower and more numerous branch 7the ,commons71 the ,lords have in reality but a small voice in the control of public affairs4 ,the ,house of ,commons is composed of members elected by the people4 ,in this body reside almost all the powers of government4 ,its acts require the assent of the ,house of ,lords and of the ,king1 but this assent is almost wholly formal4 ,the sphere of legislation allowed the ,english ,parliament is unlimited1 differing in this respect fundamentally from our ,congress1 which is limited in its legislative field by the ,constitution4 ,from the ,english ,parliament is selected the ,cabinet consisting of the principal executive officials1 who guide the ,house in its legislation1 and at the same time conduct the executive affairs of the nation4 ,these ministers1 as they are called1 are appointed by the king from the party in the majority in the ,house of ,commons4 ,they are responsible to that body for all their actions1 and retain their offices only so long as they retain the confidence and good will of the ,commons4 ,an ,aristocracy4--,an aristocracy is a government in the hands of a select few1 called the aristocracy1 who transmit this authority to their children4 ,there are to-day no aristocratic governments proper1 though many nations exhibit aristocratic tendencies4 ,in nearly all of the ,european countries1 one branch1 at least1 of their legislatures is composed of members holding their seats on account of noble birth1 thus admitting the aristocratic element into their governments4 ,democracy4--,a pure democracy is a government in which all the people rule directly1 meeting in popular assemblies in which is determined by the votes of the majority how the government is to be administered4 ,this form of government is obviously possible only in very small communities4 ,several of the ,grecian states governed themselves after this manner4 ,no perfect example of a nation with this form of government can be said to exist at this time4 ,the nearest approach to pure democracy is found in certain cantons of ,switzerland4 ,the ,roman historian ,tacitus tells us that the early ,germans governed themselves in a purely democratic manner1 and the first governments of several of our ,american colonies were of the democratic type4 ,when we come to the study of local government in the ,united ,states we shall see the democratic form followed in the ,new ,england ,town ,meetings4 ,republic4--,a republic is a democracy adapted by means of the introduction of the representative principle1 to the government of a large and widely separated people4 ,under this form of government the people rule themselves1 not directly1 as in a democracy1 but through agents or representatives of their own selection4 ,the participation of the people in their own government consists therefore merely in the choice of officers to represent them and carry out their wishes4 ,there exist at present several republics1 the tendency seeming to be for nations to approach more nearly this form of government4 ,france has been1 since #ahgj1 the best ,european example of a republic4 ,our own government--the ,united ,states of ,america--is to us the most interesting and important example of a republic4 ,popular ,government4--,by the word 'popular' is meant1 of or by the people1 and by popular government is to be understood a government in the administration of which the people as a whole participate4 ,every change by which new and greater political powers are given into the hands of the common people is considered a step towards the full realization of popular government4 ,during the last one hundred years great strides have been made in this direction by all ,european nations except ,turkey and ,russia4 ,the extent to which this movement towards popular control of government can be safely and successfully carried is a question of very great importance4 ,to a very large extent it depends upon the intelligence1 previous training1 and natural political ability of the people who are to be entrusted with their own government4 ,,chapter ,,iii4 ,the ,functions of ,government4 ,broadly speaking1 the functions performed by government are of a threefold order3 the establishment1 interpretation1 and enforcement of laws4 ,a division of government into three branches is thus called for3 the legislative1 the judicial and the executive4 ,the manner in which these departments are related to each other1 the extent to which they are vested in the same hands1 and the degree in which they are separate from each other and independent in their workings1 differ in different countries4 ,in ,england1 as we have seen1 the executive and legislative functions are closely united4 ,in our government1 as we shall see when we come to consider its structure1 complete independence of the three departments has been aimed at4 ,all statesmen agree that a good government should possess ample power to interpret its own laws1 and sufficient strength to fully enforce them4 ,when we come1 however1 to the question of what are the proper subjects for control by government1 and what for free management by individuals1 we reach a subject upon which writers and thinkers have been unable to agree4 ,under the great question1 over how broad a field it is expedient and right to extend the activities of government1 are embraced many of the great topics at present agitating the public mind4 ,difference upon this point has been one of the underlying causes of the existence of political parties in the ,united ,states1 and has furnished one of the real springs of our history4 ,communism1 socialism1 and anarchy1 may be embraced under this question4 ,this it is that makes the study of the principles of government1 especially in the ,united ,states1 so important to every one who would understand the political life around him1 and be able to form an intelligent decision upon the questions of the day4 ,shall the nation or the state own and manage the railroads1 the telegraph lines1 and the canals8 ,shall education receive the support of the state8 ,shall the employment of women and children in mines and factories be regulated by law8 ,shall the city own its own street railways1 its markets1 its water and gas supply1 its telephones1 and its water fronts8 ,shall this or that duty be delegated to the city or to the state1 or shall it be left to the chance performance of individuals or corporations8 ,these are some of the many questions of supreme importance that meet us at every point1 and the better we understand the true nature and structure of our government1 the better shall we be able to give intelligent answers4 ,among the many functions of government1 there are many so obviously necessary to the existence of a nation1 however organized1 that there is no discussion concerning the expediency of their exercise by the state4 ,we may1 therefore1 group governmental duties under two heads3 the necessary1 and the optionable2 or1 as ,professor ,wilson has named them1 the ,constituent and the ,ministrant4#a ,under the first head is embraced all those functions which must exist under every form of government2 and under the second title those undertaken1 not by way of governing1 but by way of advancing the general interests of society4 ,the following is ,professor ,wilson's classification3 ,i4 ,the ,necessary or ,constituent ,functions4-- 7#a74 ,the keeping of order and providing for the protection of persons and property from violence and robbery4 7#b74 ,the fixing of the legal relations between man and wife1 and between parents and children4 7#c74 ,the regulation of the holding1 transmission1 and interchange of property1 and determination of its liabilities for debt or for crime4 7#d74 ,the determination of contract rights between individuals4 7#e74 ,the definition and punishment of crime4 7#f74 ,the administration of justice in civil causes4 7#g74 ,the determination of the political duties1 privileges1 and relations of citizens4 7#h74 ,dealings of the state with foreign powers2 the preservation of the state from external danger or encroachment1 and the advancement of its intellectual interests4 ,,ii4 ,optional or ,ministrant ,functions4 7#a74 ,the regulation of trade and industry4 ,under this head we must include the coinage of money1 and the establishment of standard weights and measures1 laws against forestalling1 engrossing1 the licensing of trades1 etc41 as well as the great matters of tariffs1 navigation laws1 and the like4 7#b74 ,the regulation of labor4 7#c74 ,the maintenance of thoroughfares1 including state management of railways1 and that great group of undertakings which we embrace within the comprehensive terms ',internal ,improvements1' or ',the ,development of the ,country4' 7#d74 ,the maintenance of postal and telegraph systems1 which is very similar in principle to 7#c74 7#e74 ,the manufacture and distribution of gas1 the maintenance of water-works1 c4 7#f74 ,sanitation1 including the regulation of trades for sanitary purposes4 7#g74 ,education4 7#h74 ,care of the poor and incapable4 7#i74 ,care and cultivation of forests and like matters1 such as stocking of rivers with fish4 7#aj74 ,sumptuary laws1 such as 'prohibition' laws4 ,under this second head have been included by no means all of the functions whose exercise by the government has been attempted or proposed1 but they show the principal ones1 and serve to indicate the nature of the optional field of governmental activity4 ,footnote #a3 ,wilson1 ,the ,state1 ,section #abcb4 ,,chapter ,,iv4 ,colonial ,governments2 ,their ,relation to ,each ,other1 and to ,england4 ,to understand clearly the early history of our country2 to appreciate the reasons for the grievances of the colonists against their mother country2 and to gain an intelligent idea of the events of that most critical period of our history1 when the colonies1 then free1 were in doubt as to the nature of the federal government they should adopt2 properly to understand all these facts1 it is of essential importance that we should gain a correct knowledge of the condition of the colonies during those times1 their relations to one another1 their governmental connection with and attitude towards ,england4 ,the thirteen ,american colonies1 which in #agge dared defy the might of ,great ,britain1 and which in a stubborn struggle were able to win their independence1 were settled at various times1 and by colonists actuated by widely different motives4 ,at the time of the beginning of their resistance to the oppressive acts of their mother country1 they were1 in their governments1 entirely separate from and independent of each other4 ,though the colonies had a common origin1 and owed a common allegiance to ,england1 and the inhabitants of each were ,british subjects1 they had no direct political connection with each other4 ,each in a limited sense1 was sovereign within its own territory4444 ,the assembly of one province could not make laws for another4444 ,as colonists they were also excluded from all connection with foreign states4 ,they were known only as dependencies4 ,they followed the fate of their mother country both in peace and war4444 ,they could not form any treaty1 even among themselves1 without the consent of ,england4#a ,footnote #a3 ,story's ,commentaries on the ,constitution1 ,vol4 ,i1 p4 #afc4 ,all the colonies did not bear the same relation to the ,english government4 ,owing to the different manner in which the right of settlement1 and occupancy of the soil had been obtained from the king1 the colonies had obtained different rights of government1 and were placed under different obligations to the crown4 ,there came thus to be three types of colonial governments2 the provincial or royal1 the proprietary1 and charter governments4 ,i4 ,provincial ,colonies4--,those colonies which possessed a provincial form of government were royal colonies1 being governed almost entirely by ,england1 as she governs many of her colonies to-day4 ,at the head of each was a ,governor appointed by the ,king of ,england4 ,he was assisted by a council1 also appointed by the king4 ,the constitution and laws for this form of government were contained in the commission and instruction given to the ,governor by the ,english government4 ,by them the ,governor was empowered to summon a representative assembly4 ,the legislative body consisted1 then1 of the ,governor1 his council1 appointed by the king1 and a lower house elected by the people4 ,the ,governor had the right of veto1 and the power to dissolve the assembly4 ,the legislature could make laws1 provided they were not repugnant to the laws of ,england4 ,these laws were subject to the approval of the ,crown4 ,the governor1 with the advice of his council1 could erect courts1 appoint judges1 levy forces1 etc4 ,from the highest courts in all the colonies an appeal lay to the ,english ,king in ,council4 ,,ii4 ,proprietary ,colonies4--,the ,english ,king often gave to individuals large tracts of land in the ,new ,world4 ,in addition to ownership of the soil1 was given in many cases the right to establish civil government4 ,these proprietors had all the inferior royalties and subordinate powers of legislation4 ,the proprietor could appoint or dismiss the governor1 he could invest him with the power to convene a legislature1 with power to veto its acts according to his wishes1 and to perform all other powers of a governor4 ,all laws made1 those of ,maryland excepted1 were subject to the approval of the ,english ,crown4 ,,iii4 ,charter ,colonies4--,colonies under this form of government were so called from their possessing constitutions for their general political government4 ,these written constitutions were charters obtained from the ,king1 in which were granted to the people of the colony certain privileges and rights of self-government which the ,english government could not justly take away from them4 ,one of the unjust acts that did much to arouse the colonists to resistance1 was the attempt of the ,english government in #aggd1 to annul the charter of ,massachusetts by the ,regulation ,act4 ,in this act was contained a precedent that 7as ,curtis says7 justly alarmed the entire continent1 and in its principle affected all the colonies1 since it assumed that none of them possessed constitutional rights which could not be altered or taken away by an act of ,parliament4 ,the charters were very liberal1 granting almost entire self-government4 ,as in the royal colonies1 the executive was a governor1 and the law-making branch a legislature of two houses4 ,in ,massachusetts the governor was appointed by the ,crown1 and had a veto power4 ,the ,council or upper branch of the legislature was chosen annually by the lower house1 but the governor had a right of veto on their choice4 ,the lower house was elected by the people4 ,in ,connecticut and ,rhode ,island the governor1 council1 together with the assembly were chosen annually by popular vote1 and all officers were appointed by them4 ,in these two the governor had no right of veto1 and the laws before going into execution did not require the royal approval4 ,seven of the original colonies began under proprietary governments--,new ,york1 ,pennsylvania1 ,delaware1 ,north and ,south ,carolina1 ,maryland and ,new ,jersey4 ,of these1 four--,new ,york1 ,new ,jersey1 ,north and ,south ,carolina--became eventually provincial colonies1 and ,maryland was at one time a proprietary4 ,three of the colonies1 ,massachusetts1 ,connecticut and ,rhode ,island1 were settled under charters that were never surrendered4 ,three others1 ,virginia1 ,georgia and ,new ,hampshire possessed charters for a while1 but eventually became royal colonies4 ,notwithstanding these diversities of government that have been pointed out1 there were many features common to all the colonies4 ,all considered themselves dependencies of the ,british ,crown4 ,all the colonists claimed the enjoyment of the privileges and rights of ,british-born subjects1 and the benefit of the common law of ,england4 ,the laws of all were required to be not repugnant to1 but1 as nearly as possible1 in conformity with the laws of ,england4 ,in all the colonies local legislatures existed1 at least one branch of which consisted of representatives chosen by the people4 ,the general condition of the colonies at the time of the outbreak of the ,revolutionary ,war1 so far at least as concerns their governments1 has now been given4 ,what were the grounds upon which the colonists justified their resistance to the acts of ,english government8 ,in the first place1 they claimed that their rights were received from1 and their allegiance was due to the ,king1 not to the ,parliament4 ,the colonists said the ,king was the only tie that bound them to ,england2 that ,parliament was composed of representatives from ,england alone1 and therefore had powers of legislation only for ,england4 ,later1 however1 it was conceded that in matters of general interest to the whole ,united ,kingdom1 ,parliament might exercise control1 but that concerning all matters of domestic and internal interest1 and of concern only to themselves1 it was the right of their own legislatures to legislate1 and that under this head came taxation4 ,says ,story3#a ,perhaps the best summary of the rights and liberties asserted by all the colonies is contained in the celebrated declaration drawn up by the ,congress of nine colonies assembled at ,new ,york in ,october1 #agfe 7,stamp ,act ,congress74 ,that declaration asserted that the colonists 'owe the same allegiance to the ,crown of ,great ,britain that is owing from his subjects born within the realm1 and all due subordination to that august body1 the parliament of ,great ,britain1' ,that the colonists 'are entitled to all the inherent rights and liberties of his 7the ,king's7 natural born subjects within the kingdom of ,great ,britain4 ,that it is inseparably essential to the freedom of a people1 and the undoubted rights of ,englishmen1 that no taxes be imposed on them but with their own consent given personally or by their representatives4' ,that the 'people of the colonies are not1 and from their local circumstances cannot be represented in the ,house of ,commons of ,great ,britain4 ,that the only representatives of these colonies are persons chosen by themselves therein2 and that no taxes ever have been or can be constitutionally imposed upon them but by their respective legislatures1 and that trial by jury is the inherent and invaluable right of every ,british subject in these colonies4' ,footnote #a3 ,commentaries1 ,vol4 ,i1 p4 #age4 ,in opposition to these views1 the ,english government held that ,parliament had the authority to bind the colonies in all matters whatsoever1 and that there were no vested rights possessed by the colonies1 that could not be altered or annulled if ,parliament so desired4 ,at the beginning of the ,revolutionary ,war1 complete independence was not claimed by the colonies4 ,it was not until ,july #d1 #aggf1 that they were driven to a declaration of full and entire independence and self-government4 ,by this declaration the colonies threw off their colonial character1 and assumed the position of states4 ,this they did by simply taking into their own hands the powers previously exercised by the ,english ,king and ,parliament4 ,in the state constitutions which many colonies formed during the year1 their old colonial forms of government were closely followed4 ,connecticut and ,rhode ,island1 in fact1 merely declared their allegiance to ,england absolved1 and retained unchanged their old charters as their fundamental law4 ,in ,connecticut no other state constitution was adopted until #ahah1 nor in ,rhode ,island until #ahdb4 ,,chapter ,v4 ,steps ,toward ,union4--,articles of ,confederation4 ,previous to #aggd the thirteen ,english colonies in ,america had had no political or governmental connection with each other4 ,any attempt on their part to unite without the consent of the ,english ,king or ,parliament would have been considered an act beyond their powers and as insubordination towards the ,english government4 ,new ,england ,confederation4--,in #afdc there was formed a union of the four colonies of ,connecticut1 ,new ,hampshire1 ,plymouth1 and ,massachusetts ,bay1 termed the ,new ,england ,confederation1 which lasted forty years2 but this was merely a union for mutual protection against their common foes1 the ,french1 the ,dutch1 and the ,indians1 and not for joint legislation or government4 ,it was a defensive alliance4 ,the ,albany ,convention4--7,franklin's ,plan47 ,in #aged1 however1 there was held a meeting of the colonies of ,new ,hampshire1 ,massachusetts1 ,rhode ,island1 ,connecticut1 ,new ,york1 ,pennsylvania1 and ,maryland1 called the ,albany ,convention1 in which was proposed a union of all the colonies under one government4 ,benjamin ,franklin1 the chief promoter of this scheme1 drew up an elaborate constitution which was to be adopted4 ,according to this plan there was to be a chief executive1 elected by the king1 and a council of #dh members1 to be chosen by the legislatures of the several colonies4 ,this scheme failed to obtain either the consent of the king or of the colonies themselves4 ,it was too much of a union to suit the king1 and not enough for the colonies4 ,the ,stamp ,act ,congress4--,the indignation aroused by the attempt of ,england to tax her colonies without allowing them a voice in the ,parliament which imposed such taxes1 gave rise in #agfe to a meeting of delegates from eight of the colonies4 ,this assembly was called the ,stamp ,act ,congress4 ,the obnoxious ,stamp ,act was repealed1 but ,england continued to impose other taxes4 ,first ,continental ,congress4--,an invitation was sent out by ,virginia to all the colonies1 calling a meeting of delegates to consider what could be done by their united action to resist their common grievance4 ,thus met the ,first ,continental ,congress in #aggd1 in which all the colonies but ,georgia were represented4 ,this ,congress adopted a declaration of rights and grievances4 ,the colonies maintained that as long as they were unrepresented in the ,english legislature 7,parliament71 taxes should be imposed only by their own legislatures2 also1 that they were entitled to the rights1 liberties1 and immunities of free1 natural-born subjects within the realm of ,england4 ,the ,second ,continental ,congress4--,on ,may #aj1 #agge1 assembled the ,second ,continental ,congress1 in which all the thirteen colonies were represented4 ,the battle of ,lexington had then been fought1 and blood had been shed4 ,though the colonies had as yet no intention of throwing off all connection with ,england1 they were now prepared to resist with arms any invasion of their rights4 ,the work performed by this body has been concisely and forcibly stated by ,schouler4#a ,he says3 ,thus originated that remarkable body known as the ,continental ,congress1 which1 with its periodical sessions and frequent changes of membership1 bore for fifteen years the symbols of ,federal power in ,america2 which1 as a single house of deputies acting by ,colonies or ,states1 and blending with legislative authority1 imperfect executive and judicial functions1 raised armies1 laid taxes1 contracted a common debt1 negotiated foreign treaties1 made war and peace2 which1 in the name and with the assumed warrant of the thirteen colonies1 declared their independence of ,great ,britain1 and by ,god's blessing accomplished it2 which1 having framed and promulgated a plan of general confederation1 persuaded these same thirteen republics to adopt it1 each making a sacrifice of its sovereignty for the sake of establishing a perpetual league1 to be known as the ,united ,states of ,america1 a league preserved until in the fullness of time came a more perfect ,union4 ,footnote #a3 ,hist4 ,u4,s41 ,vol4 ,i1 p4 #ac4 ,the acts of this ,congress were the first legislative acts by the joint action of the colonies4 ,the ,second ,continental ,congress was essentially a revolutionary body4 ,that is to say1 the authority for its acts rested upon no definite grant of powers by the colonies1 but was assumed by it to meet the crisis of war4 ,properly speaking1 it could hardly be called a government4 ,it was more in the nature of a directing advisory committee4 ,its commands possessed a recommendatory character only1 and it was entirely without executive officers1 or legal control over either individuals or the colonies4 ,the ,articles of ,confederation4--,a stronger central power than that afforded by the ,continental ,congress was seen to be a necessity4 ,accordingly1 in #aggg1 there was drawn up a scheme of union embraced in a paper termed ,the ,articles of ,confederation4 ,these articles1 though adopted as early as #aggg1 did not go into effect until #agha1 the provision being that they should not be considered as in force until ratified by all the colonies1 and several refused to ratify until all state claims to western territory were relinquished in favor of the ,national ,government4 ,elements ,tending to ,separation and ,those ,tending to ,union4--,we must remember that this was a union of thirteen previously separate colonies4 ,the facts which had tended to keep them apart had been the difficulty of travel and communication between the colonies1 the lack of commercial intercourse1 but more than all1 their local jealousies4 ,the small ,states feared the larger2 commercial jealousies were very keen4 ,in #agef ,georgia and ,south ,carolina actually came to blows over a dispute as to the navigation of the ,savannah river4 ,other disputes about boundaries were frequent4 ,colonies with good harbors and seaports desired to keep the benefits of them exclusively to themselves4 ,at that time1 too1 the people of the thirteen colonies were far more widely separated in their forms of government1 their industrial habits and social customs than they now are4 ,on the other hand1 the old facts which tended to urge on a common union between them were common race1 language1 and nationality1 many similar political institutions1 and1 most of all1 common interests and a common peril4 ,the ,purposes of the ,confederation4--,the purposes of this ,confederation are best stated by giving ,article ,,iii of the ,articles3 ,the said ,states hereby severally enter into a firm league of friendship with each other for their common defense and security of their liberties and their mutual and general welfare1 binding themselves to assist each other against all force offered to or attacks made upon them1 or any of them1 on account of religion1 sovereignty1 trade1 or any other pretext whatever4 ,scheme of ,government under the ,articles of ,confederation4--,the ,articles of ,confederation established a framework of government for the confederated colonies1 which government was to control those matters that experience had shown could be executed only by united action4 ,as a scheme of government it was no better than a makeshift4 ,it was an effort to form a federal power without diminishing the powers of the ,states--an effort to pare off slices of state government without diminishing the loaf4 ,that such a union could be perpetual1 as the scheme professed1 was impossible4 ,under these ,articles of ,confederation the sole functions of the federal authority1 legislative1 executive1 and judicial1 were vested in a ,continental ,congress1 consisting of a single house of delegates1 who voted by ,states1 and were appointed annually in such a manner as the respective ,states directed4 ,each ,state was entitled to not less than two nor more than seven delegates1 a majority of whom decided the vote of the ,state in question4 ,the executive functions were largely performed by a ,committee of ,states1 which was empowered to sit during recesses4 ,for all important measures the vote of every ,state was required4 ,the vote of all thirteen was required for an amendment4 ,defects of the ,articles of ,confederation4--,in this scheme of union there were many fatal defects4 ,the principal of these defects were-- #a4 ,the want of some compulsory means of enforcing obedience to the acts of ,congress4 ,the articles provided neither an executive power nor a national judiciary worth mentioning4 ,as one writer has said3 ,congress could declare everything1 but do nothing4 ,a single colony could with impunity disregard any decree of the ,congress4 #b4 ,the large vote required to pass all important measures4 #c4 ,the absence of the right to regulate foreign commerce1 and make duties uniform1 and to collect those duties4 ,this defect1 as we shall find1 was one of the most vital1 and more than any thing else decreed the failure of the practical working of the ,confederation1 and showed the necessity of a better and stronger ,national government4 #d4 ,the virtual impossibility of amendment4 ,since a unanimous vote was required1 the selfish interest of one ,state could1 and did1 stand in the way of an amendment beneficial and necessary to the other twelve4 #e4 ,there was no power to enforce treaties4 ,foreign countries recognized this1 and therefore refused to enter into any treaties with us4 ,washington said3 ,we are one nation to-day1 and thirteen to-morrow4 ,who will treat with us on such terms4 ,england refused to carry out the conditions of the treaty of #aghc1 and continued to keep troops on our ,western borders4 #f4 ,the central authority had insufficient power to control disputes arising between the ,states4 #g4 ,the lack of a ,federal judiciary4 #h4 ,lack of power to collect taxes1 or to raise revenue to defray even the ordinary expenses of government4 ,this was the most striking and important defect of them all4 ,the whole power given to ,congress under this head was the power to ascertain the sum necessary to be raised for the service of the ,united ,states1 and apportion the rate or proportion on each ,state4 ,the collection of such taxes was left to the ,states themselves1 and if they refused 7as they frequently did7 the ,federal ,government had no power to compel them4 ,our present better government was wrung from the grinding necessities of a reluctant people4 ,adoption of the ,constitution4--,actual hostilities ceased in #agha4 ,in #aghc peace with ,england was declared1 and the independence of the colonies was achieved4 ,the war left the ,american people with an empty treasury1 and a country drained of its wealth and impoverished by the exhaustive struggle4 ,it left us with a large national debt1 both to our own citizens and friends abroad1 and most of all1 left us with an army of unpaid patriotic soldiers4 ,and no sooner had foreign danger been removed than domestic troubles arose which filled all with gloomy forebodings for the future4 ,with the loss of that cohesive principle which common danger supplied them1 the colonies now began to fall apart4 ,even during the progress of the war the weakness of the ,union had shown itself4 ,washington unhesitatingly declared that it was the lack of sufficient central authority that caused the prolongation of the war4 ,one instance will show how weak was the ,federal authority4 ,during the summer of #aghc1 when ,congress was at ,philadelphia1 some eighty deserters from the army so threatened ,congress as to force a removal of our ,federal capital from that place to ,princeton4 ,the ,continental finances were in a deplorable condition4 ,congress could not even collect sufficient taxes for the payment of the interest on the public debt4 ,the ,states could1 and often did1 refuse to pay their proportion of taxes imposed upon them by ,congress4 ,congress made a last attempt1 in #aghe1 to raise a revenue by a tax on imported goods1 but this measure failed1 ,new ,york refusing to ratify4 ,congress1 indeed1 did not collect one-fourth of her demands4 ,commerce was going to ruin4 ,england refused to allow our country the rich trade with the ,west ,indies4 ,to these troubles were added the mutual jealousies and selfishness of the ,states4 ,each of them tried to attract commerce to itself1 and passed laws hurtful to the other ,states4 ,the people in ,massachusetts were in insurrection4 ,the ,french minister wrote to his country3 ,there is now no general government in ,america--no head1 no ,congress1 no administrative departments4 ,for all these evils the limited and imperfect powers conferred upon the ,federal ,government by the articles of ,confederation afforded no adequate remedy4 ,even the ,constitutional ,congress was now in danger of breaking up4 ,states1 to save expense1 neglected to send delegates1 and repeated appeals had to be made to get representation from nine ,states so as to pass important measures4 ,a better union was seen by all thoughtful citizens to be necessary1 but very difficult to obtain1 owing to inter-state differences4 ,the idea of having a convention separate from the ,congress1 whose work should be the framing of a stronger government1 gradually gained ground4 ,the ,constitutional ,convention was obtained in a roundabout way1 and only after repeated failures4 ,the first attempt to obtain an assembly of representatives was made at ,annapolis1 ,maryland4 ,only five ,states sent representatives1 and the convention accordingly adjourned to ,philadelphia1 where in ,may1 #aggh1 delegates from all the ,states1 except ,rhode ,island1 finally assembled4 ,,chapter ,,vi4 ,adoption of the ,constitution4 ,the ,constitutional ,convention4--,fifty-five delegates were present4 ,with scarcely an exception they were all clearheaded1 able1 and moderate men4 ,virginia sent ,washington1 ,madison1 ,edmund ,randolph2 ,pennsylvania sent ,benjamin ,franklin1 ,robert ,morris1 and ,james ,wilson2 ,new ,york sent ,alexander ,hamilton2 ,new ,jersey1 ,patterson2 and ,south ,carolina1 the two ,pinckneys4 ,washington was chosen ,president of the ,convention4 ,two rules were adopted3 #ast1 proceedings were to be secret1 and #b;d1 one vote was to be given to each ,state1 thus making it of no importance whether a ,state had a large or small delegation4 ,though the delegates had thus assembled to form a better and new union1 they differed widely in their views as to what changes were necessary1 and as to what powers should be given to the ,federal ,government1 and what retained by the ,states4 ,some desired merely a change of the existing ,articles of ,confederation1 more power being granted1 however1 to the ,federal ,government2 while others wished for an entirely new ,constitution4 ,the convention at once divided into two parties4 ,the one representing the small ,states1 such as ,new ,jersey and ,delaware2 and the other1 the larger ,states1 such as ,virginia1 ,new ,york and ,massachusetts4 ,the plan brought forward by the party of the large ,states was that presented to the convention by ,edmund ,randolph1 of ,virginia1 and generally known as the ,national or ,large ,state ,plan4 ,this plan proposed a congress of two houses1 having power to legislate on all ,national matters1 and to compel obedience on the part of the ,states4 ,representation in both houses was to be based on population1 thus giving to the larger1 and more populous1 ,states the control of both branches of the legislature2 and1 also1 since by this scheme the president1 executive officers1 and judges were to be appointed by ,congress1 control of the whole administration of the new government4 ,on behalf of the small ,states1 ,patterson1 of ,new ,jersey1 introduced what is called the ,new ,jersey plan4 ,by this plan the old ,federal ,congress was to be continued with its single house of legislature1 and equal ,state vote4 ,the great point upon which the two plans differed1 was as to how representation in the legislature should be apportioned among the ,states2 whether it should be according to population1 and with two houses1 or whether there should be but one house1 in which each ,state should have an equal vote4 ,the question was settled by a compromise4 ,it was agreed that there should be a legislature of two houses1 a ,senate or upper and less numerous branch2 and the ,house of ,representatives1 the popular and more numerous lower branch4 ,in the ,senate each ,state was to have an equal representation1 thus putting the large and small ,states on an equal footing4 ,on the other hand1 in the ,house of ,representatives representation was to be according to population1 thus favoring the larger ,states4 ,another point upon which the convention differed was concerning the slave trade2 whether it should1 or should not1 be allowed to continue4 ,this question was also compromised1 it being agreed to permit its continuance for twenty years 7until #ahjh71 after which all importation of slaves might be prohibited4 ,yet another point in dispute was whether the slaves should1 or should not1 be counted in estimating the population of the ,states1 in order to determine the number of representatives to which each ,state should be entitled4 ,this likewise was compromised4 ,it was agreed that five slaves should be counted equivalent to three white men4 ,these three main points being settled by compromises1 other parts of the government1 such as a single chief executive1 a ,federal judiciary1 and the decision as to what powers should be given to the ,president1 what to the ,senate1 and what to the ,house1 were more easily arranged1 and the convention adjourned ,september #ag1 #aghg1 having been in session a little over four months4 ,thus was prepared the ,constitution under which we are now living--an achievement declared by ,guizot to be the greatest work of its kind1 and by ,gladstone to be the greatest work ever struck out at one time by the hand of man4 ,the ,constitution having been agreed to in convention1 it was now submitted to the vote of each of the colonies for acceptance4 ,it was decided in this convention that it should be considered as ratified1 and should go into effect as soon as accepted by nine of the thirteen ,states4 ,the adoption or rejection of the ,constitution now became a question which claimed the entire attention of the ,states1 and it is during this contest that we find the origin of the first political parties in the ,united ,states4 ,those favoring the adoption of the ,constitution were called ,federalists and those opposing it ,anti-,federalists4 ,arguments ,for and ,against ,adoption4--,the ,federalist party was composed of those men who were desirous of a strong central government1 and for this reason favored the ,constitution4 ,this party was especially strong in ,new ,england1 largely because ,new ,england1 being the commercial part of the colonies1 had had the lamentable weakness of the old confederation brought home to them the more forcibly by the disorganization and loss of commerce which the ,continental ,congress had been unable to regulate4 ,the ,anti-,federalists were those who wished the ,state governments to be kept strong1 and that there should be a comparatively weak central government4 ,the argument used by the ,federalists for the adoption of the ,constitution was1 that only by correcting all those defects of the ,confederation which have been pointed out1 could order and prosperity be restored to the country4 ,they said that the ,constitution1 being a series of compromises1 could not please everyone in all respects1 but that it was the best that could be obtained under the circumstances4 ,their arguments appeared in a remarkable collection of eighty-five essays1 called the ,federalist1 written by ,alexander ,hamilton in company with ,john ,jay and ,james ,madison4 ,in these were explained all the points of the ,constitution1 and to this day they remain the best exposition of the ,constitution ever written4 ,the objections raised by the ,anti-,federalists were many4 ,in the first place1 it was of course objected that it gave to the central government too much power2 that state government and ,state liberty would be crushed out4 ,the ,state was then as dear to the citizen as is the ,national ,government to us to-day4 ,patriotism was then devotion to the ,state4 ,the colonists had suffered so much from control over their state governments by an outside strong government1 that they were fearful of again putting themselves under a strong national government though of their own making4 ,in warning terms it was declared it would be a government founded upon the destruction of the governments of the several ,states4 ,they said1 ,congress may monopolize every source of revenue1 and thus indirectly demolish the ,state governments1 for without funds they cannot exist4 ,these elements of ,state love and jealousy of the ,federal power are of the utmost importance in studying our history4 ,we see them running through all our life as the main causes of division between political parties4 7,see later chapter on ,introduction to ,history of ,political ,parties47 ,another objection was1 that the ,constitution contained no definite bill of rights recognizing and guaranteeing fundamental personal liberties1 such as freedom of speech1 liberty of the press1 assurance against unjust arrest1 the right to bear arms1 and trial by jury in civil cases1 etc4 ,this class of objections was satisfied by the adoption of the first ten constitutional amendments4 ,it was also claimed by those opposed to the ratification1 that inasmuch as the ,constitution placed no limit to the number of terms which a ,president might serve1 one man might become so powerful as to obtain a life-tenure of office1 and thus the government would degenerate into a monarchy4 ,to show how exaggerated were the fears during this critical period of our history1 we have the report that it was actually claimed and believed by many at that time that the ,federalists had the secret intention of inviting over to our country some ,european prince who should rule as king4 ,patrick ,henry cried1 ,we shall have a king2 the army will salute him monarch4 ,though not fixed by the ,constitution1 it has been since the time of ,washington the invariable rule that no man shall be elected for more than two terms4 ,the friends of ,president ,grant attempted to have him nominated for a third time1 but so strong was this prejudice that1 popular as he was at that time1 the plan failed4 ,for nine months the struggle was wagered fiercely in the ,states1 but the ,federalists prevailed4 ,in ,june1 #aghh1 the ninth ,state ratified1 and adoption was assured4 ,congress fixed the first ,wednesday in ,january for the election of presidential electors1 the first ,wednesday in ,february for the meeting of the electors and election of the ,president1 and the first ,wednesday in ,march1 #aghi1 for the inauguration of the ,president and the beginning of the new government4 ,this last date fell upon the #dth of ,march1 which date has from that time served as the day for the inauguration of our presidents4 ,owing to a delay in the assembling of the new ,congress1 ,washington was not inaugurated1 nor our present government instituted1 until ,april #cj1 #aghi4 ,thus was founded our present government1 which has stood the test of a century4 ,when adopted there were thirteen ,states2 now there are forty-four4 ,the inhabited area was then the narrow strip between the ,atlantic ,ocean and the ,allegheny ,mountains1 with a population of scarcely #c1jjj1jjj4 ,now the ,united ,states stretches #c1jjj miles from ocean to ocean1 and contains a population of over sixty millions4 ,,chapter ,,vii4 ,presidential ,succession4 ,the provisions of the ,constitution regarding the ,presidential succession1 in case of the death or resignation of both ,president and ,vice-,president1 are3 ,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 devolve on the ,vice-,president1 and the ,congress may by law provide for the case of removal1 death1 resignation1 or inability 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 7,article ,,ii1 section #f47 ,in pursuance of the power thus granted to it in the last half of this section1 ,congress in #agib passed an act declaring that in case of the death1 resignation1 etc41 of both the ,president and ,vice-,president1 the succession should be first to the ,president of the ,senate and then to the ,speaker of the ,house4 ,this order was changed by the act of #ahhf1 which provided that the succession to the presidency should be as follows3 #a4 ,president4 #b4 ,vice-,president4 #c4 ,secretary of ,state4 #d4 ,secretary of the ,treasury4 #e4 ,secretary of ,war4 #f4 ,attorney-,general4 #g4 ,postmaster-,general4 #h4 ,secretary of the ,navy4 #i4 ,secretary of the ,interior4 ,in all cases the remainder of the four-years' term shall be served out4 ,this act also regulated the counting of the votes of the electors by ,congress1 and the determination of who were legally chosen electors4 ,note4--,the ,constitution made no provision in case of a contested election1 or when no one should be elected4 ,such a contingency seemed to have been overlooked in the framing of the ,constitution4 ,,chapter ,,viii4 ,election of ,senators4 ,the provisions of the ,constitution regarding the election of senators were as follows3 ,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 7,article ,i1 section #c1 paragraph #a47 ,the times1 places1 and manner of holding elections for senators and representatives shall be prescribed in each ,state by the ,legislature thereof1 but the ,congress may at any time by law make or alter such regulations1 except as to the places of choosing senators4 7,article ,i1 section #d1 paragraph #a47 ,until #ahff this matter was left entirely to the ,states1 as permitted by the section of the ,constitution just given4 ,in that year an act was passed by the ,federal ,congress regulating the election of senators by the ,state ,legislatures4 ,by it was provided that the ,legislature of each ,state1 which is chosen next preceding the expiration of the term of either of their senators1 shall on the second ,tuesday after assembling elect a senator in the following manner3 ,each ,house shall by open ballot 7viva voce7 choose some man for senator1 and he who receives a majority of the total number of votes cast in such ,house is entered on the journal of that ,house4 ,at noon on the following day the members of the two ,houses convene in joint assembly1 and the journal of each ,house is then read1 and if the same person has received a majority of the votes of each ,house he is declared duly elected senator4 ,but if not1 the joint assembly then proceeds to choose by a viva voce vote of each member present1 a person for senator1 and the person who receives a majority of all the votes of the joint assembly--a majority of all the members elected to both ,houses being present and voting--is declared duly elected4 ,if no person receives such a majority on the first day1 the joint assembly meets at noon on each succeeding day during the session of the ,legislature1 and takes at least one vote until a senator is elected4 ,in case of a vacancy occurring in the ,senate during the recess of the ,state ,legislature1 the governor appoints a man to fill the place1 his appointee holding until a successor shall be chosen in the above method by the ,state ,legislature4 ,in the ,house1 when vacancies happen in the representation from any ,state1 the ,governor issues an order for a new election in the congressional districts in which such vacancies occur4 ,the representatives thus elected hold office for the unexpired terms of their predecessors4 ,,chapter ,,ix4 ,congressional ,government4 ,the ,constitution created ,congress and conferred upon it powers of legislation for national purposes1 but made no provision as to the method by which these powers should be exercised4 ,in consequence ,congress has itself developed a method of transacting its business by means of committees4 ,the ,federal ,legislature consists of two ,houses--the ,senate1 or ,upper and less numerous branch1 and the ,house of ,representatives1 or the ,lower and more numerous popular branch4 ,the ,senate is composed of two members from each ,state elected by the state legislatures for a term of six years1 one-third of whom retire every two years4 ,the presiding officer is the ,vice-,president4 ,early in each session1 the ,senate chooses a ,president pro tempore1 so as to provide for any absence of the ,vice-,president1 whether caused by death1 sickness1 or for other reasons4 ,the ,house of ,representatives is at present composed of #ccb members and four delegates from the ,territories4 ,these delegates1 however1 have no vote1 though they may speak4 ,the ,house is presided over by a speaker1 elected at the beginning of each session4 ,a quorum for business is1 in either ,house1 a majority4 ,congress meets every year in the beginning of ,december4 ,each ,congress lasts two years and holds two sessions--a long and a short session4 ,the long session lasts from ,december to midsummer4 ,the short session lasts from ,december1 when ,congress meets again1 until the #dth of ,march4 ,the term of office then expires for all the members of the ,house1 and for one-third of the ,senators4 ,the long session ends in even years 7#ahhj and #ahhb1 etc471 and the short session in odd years 7#ahha and #ahhc74 ,extra sessions may be called by the ,president for urgent business4 ,in the early part of the ,november preceding the end of the short session of ,congress1 occurs the election of ,representatives4 ,congressmen then elected do not take their seats until thirteen months later1 that is1 at the reassembling of ,congress in ,december of the year following1 unless an extra session is called4 ,the ,senate frequently holds secret1 or1 as they are called1 executive sessions1 for the consideration of treaties and nominations of the ,president1 in which the ,house of ,representatives has no voice4 ,it is then said to sit with closed doors4 ,an immense amount of business must necessarily be transacted by a ,congress that legislates for nearly sixty-three millions of people1 inhabiting a territory of over three and a half millions of square miles4 ,lack of time1 of course1 prevents a consideration of each bill separately by the whole legislature4 ,to provide a means by which each subject may receive investigation and consideration1 a plan is used by which the members of both branches of ,congress are divided into committees4 ,each committee busies itself with a certain class of business1 and bills when introduced are referred to this or that committee for consideration1 according to the subjects to which the bills relate4 ,thus1 for example1 affairs relating to ,washington are handed over to what is known as the ,district ,committee1 a regular appropriation bill to the ,committee on ,appropriations1 etc4 ,these committees consider these bills carefully1 frequently taking the testimony of outside persons to discover the advisability of each bill4 ,the regular course through which a bill has to go before becoming an act--i4e41 to pass both houses and receive the signature of the ,president--is as follows3 ,on ,mondays there is a roll-call of the ,states1 and members may then introduce in the ,house or ,senate any bill they may desire4 ,these bills are then referred by the presiding officer to appropriate committees4 ,these committees1 meeting in their own separate rooms1 debate1 investigate1 and1 if necessary1 as has been said1 ask the opinion of outside persons4 ,after such consideration bills are reported back to the ,house or ,senate4 ,but very few bills reach this stage1 for the committee does not get time to report any save the more important ones1 and thus the majority of them disappear1 or1 as the saying is1 are killed in committee4 ,if a bill receives the approval of the committee it is favorably reported to the ,senate or ,house1 as the case may be--i4e41 the bill is returned1 accompanied by a report advising the passage of the accompanying bill4 ,if the bill is not approved by the committee1 an unfavorable report is made2 bills are seldom passed after such an adverse report4 ,these reports which accompany the bills1 are printed1 often at great length1 giving reasons for the proposed action in regard to the bills4 ,when reported by the committee back to the house in which it was introduced1 a bill is voted upon1 and1 if passed1 is sent to the other branch4 ,if passed there1 it is ready for the ,president's signature2 if vetoed1 the bill is lost1 unless passed over the veto by a two-thirds vote of both houses4 ,but frequently one house1 while not wishing to defeat a measure sent to it from the other house1 may desire to change it by some amendment4 ,if this is done1 the bill1 as amended1 is sent back to the house from which it came1 and if then agreed to as amended by it1 it is sent to the ,president for his approval4 ,thus by repeated amendments it may pass to and fro between the ,house and ,senate several1 times4 ,in the ,house of ,representatives1 many bills are passed through all their various stages by a single vote1 by what is known as a suspension of the rules1 which may be ordered by a two-thirds vote4 ,the ,senate is now divided into between fifty and sixty committees1 but the number varies from session to session4 ,the principal committees are those on 7#a7 ,foreign ,relations1 7#b7 ,privileges and ,elections1 7#c7 ,judiciary1 7#d7 ,commerce1 7#e7 ,finance1 and 7#f7 ,appropriations4 ,the ,senate selects the members for the different committees by ballot1 though it is pretty well determined beforehand how each committee shall be constituted by means of party caucuses 7informal meetings of members of the same party to determine upon lines of action that will be supported by all74 ,a committee is always composed of an odd number of members1 and both political parties are always represented on every committee1 though the majority is1 in almost all cases1 from that party which has the majority of the members of the ,senate4 ,the ,house of ,representatives is organized into sixty committees1 ranging1 in their number of members1 from thirteen down4 ,as regards party representation1 their constitution is similar to that of the ,senate ,committees4 ,the ,committee of ,ways and ,means1 which regulates customs duties and excise taxes1 is by far the most important4 ,other important committees are those on 7#a7 ,elections1 7#b7 ,appropriations1 7#c7 ,judiciary1 7#d7 ,foreign ,affairs1 7#e7 ,manufactures1 7#f7 ,commerce1 7#g7 ,labor4 ,every ,representative is on one committee1 and most of them on several4 ,unlike the custom in the ,senate1 in the ,house the presiding officer has the sole power of appointment1 which makes him1 next to the ,president1 the most important and powerful government official4 ,the chairman of each committee has1 of course1 a large power over affairs with which his committee is concerned1 and for this reason it is often said that it is the chairmen of these committees who rule the land4 ,the precise amount of effective work done by ,congress during the two sessions of the ,fiftieth ,congress was as follows3 ,there were #d1jjj bills introduced in the ,senate and #ade ,senate joint resolutions3 of this number #a1abg bills and joint resolutions passed the ,senate1 and #eed were either postponed indefinitely or referred to the ,court of ,claims1 so that the total number on which final action was taken by the ,senate was #a1fha4 ,the committee on enrolled bills examined #ffg ,senate bills and joint resolutions and sent them to the ,president and #eia became laws1 the number of vetoes1 including pocket vetoes1 being #gf4 ,the ,house of ,representatives passed #a1efa ,house bills and sent them to the ,senate1 and the ,senate passed #a1cdg of them1 leaving #bad to perish4 ,the ,house passed #ef ,house joint resolutions and the ,senate passed all of them but eight4 ,the ,house passed1 therefore1 #b1bhd ,house and ,senate bills1 and the ,senate passed #b1ebb4 ,the first session of the ,fifty-first ,congress 7#ahhi-ij7 was1 with one exception1 the longest ever held4#a ,during the session there were introduced in the ,house #ab1djb bills and joint resolutions1 and in the ,senate #d1egj1 making a total of #af1igb4 ,the total number of acts passed was #a1cce as against #a1gij for both sessions of the ,fiftieth ,congress4 ,of these #hha were pension bills4 ,footnote #a3 ,the longest session was the long session of the ,fiftieth ,congress4 ,congress ordinarily assembles at noon1 and remains in session until #d or #e p4m41 though towards the end of the term it frequently remains in session until late in the night4 ,the first thing upon assembling in the morning is prayer4 ,on ,mondays1 as stated1 there is next a roll-call of ,states for the introduction of bills4 ,sometimes a committee is instructed to prepare and bring in a bill of its own1 without waiting to have one introduced and referred to it4 ,reports from committees are heard during morning hours on ,tuesdays1 ,wednesdays1 and ,fridays1 and on ,mondays after the introduction of bills4 ,friday is a day usually set apart for the consideration of private measures4 ,on ,saturdays ,congress seldom sits4 ,there is still one feature of ,congressional government which needs explanation1 and that is the caucus4 ,a caucus is the meeting of the members of one party in private1 for the discussion of the attitude and line of policy which members of that party are to take on questions which are expected to arise in the legislative halls4 ,thus1 in ,senate caucus1 is decided who shall be members of the various committees4 ,in these meetings is frequently discussed whether or not the whole party shall vote for or against this or that important bill1 and thus its fate is decided before it has even come up for debate in ,congress4 ,,chapter ,x4 ,the ,cabinet and ,executive ,departments4 ,we have seen that the functions of government are divided into three distinct classes1 the legislative1 the judicial1 and the executive4 ,the ,constitution provides as to the methods for the exercise of the first two1 but none for the third4 ,the only reference in the constitution to executive departments is in ,art4 ,,ii1 ,sec4 #b1 where the ,president is given the power to require the opinion in writing of the principal officer in each executive department upon any subject relating to the duties of his office4 ,the departments have in each case been created by an act of ,congress and from time to time as convenience has demanded4 ,the duties of the executive are to enforce and apply the laws of the nation after they are made by the legislature and interpreted by the courts4 ,this is the real business of government1 by which the laws are put into effect1 and the work of government is actually carried on4 ,in the ,united ,states ,government this power is placed in the hands of a body of men distinct from the legislative and judicial officers4 ,at the head is the ,president1 and hence his title of ,chief ,executive4 ,it is evident that he must divide up the vast amount of work to be done1 and delegate it to others4 ,congress directs how this shall be done4 ,for this purpose ,congress has created nine executive departments 7#a7,state1 7#b7,treasury1 7#c7,war1 7#d7,navy1 7#e7;,interior1 7#f7,post ,office1 7#g7;,justice1 7#h7;,agriculture1 7#i7,labor4 ,these departments have been created as required by the growth of government duties4 ,three departments1 the ,state1 ,treasury and ,war1 were created by the first ,congress1 in #aghi4 ,by the same ,congress was created the office of ,attorney-,general of the ,united ,states1 who1 together with the ,secretaries of the three departments1 constituted ,president ,washington's first cabinet4 ,the ,navy ,department was added in #agih4 ,prior to that date1 naval affairs had been managed by the ,war ,department4 ,a ,post ,office for the colonies was established by the ,postal ,act of ,queen ,anne's reign4 ,the ,post ,office ,department under the present government was established in #aghi1 but the ,postmaster-,general did not become a ,cabinet officer until #ahbi4 ,the ,interior ,department was created in #ahdi by grouping together in one department several branches of the government service1 which had formerly been distributed among the other departments4 ,as early as #ahci the ,patent ,office1 under the ,interior ,department1 was intrusted with various duties concerning the agricultural interests of the country1 among the chief of which was the distribution of seeds4 ,in #ahfb a separate ,department of ,agriculture was established1 and these duties transferred to it4 ,in #ahhi the head of the ,department became ,secretary of the ,department of ,agriculture and a ,cabinet officer4 ,a ,bureau of ,labor under the ,interior ,department was created in #ahhd4 ,in #ahhh ,congress constituted it a separate department1 but did not make its head a ,secretary1 and therefore not a ,cabinet officer4 ,the heads of the first eight of these departments together form a council of eight1 called the ,cabinet1 whose duty it is1 in addition to the management of the departments1 to advise the ,president on matters of importance4 ,for this purpose regular meetings are held1 at which the affairs of government are discussed1 and lines of action decided upon4 ,the cabinet is neither the creation of the constitution1 nor strictly of law4 ,the existence of a cabinet1 however1 was always taken for granted in the discussion and formation of the constitution4 ,it is a creation of custom and has no powers other than of advice and counsel to the ,president4 ,the growth of executive and administrative business is not fully indicated by the increase in the number of departments4 ,the growth within each department has been much greater4 ,separate bureaus and divisions have been created1 which in some cases are1 for all practical purposes1 as independent and important as the departments themselves4 ,the organization of all the different departments is much the same4 ,at the head of each is an officer appointed by the ,president1 the ,president thus having control generally over the whole executive business of the government4 ,these officers are called ,secretaries1 except in the cases of the ,post ,office ,department1 whose head is the ,postmaster-,general1 and of the ,department of ,justice1 whose head is the ,attorney-,general4 ,in a number of the ,departments there are also one1 two1 three or four assistant secretaries1 according as the business of the departments requires4 ,for convenience in the despatch of business1 the departments are divided into bureaus1 the bureaus into divisions1 and the divisions into rooms1 until1 finally1 the individual workers--the clerks--are readied4 ,each bureau and division has at its head an officer called ,commissioner and ,chief of ,division1 respectively4 ,each department and bureau1 and1 in some cases1 the division also1 has a ,chief ,clerk who has charge of the details of the administration1 and immediate oversight over the clerks4#a ,all work in one finely organized system4 ,the clerk is responsible to his chief of division1 the chief of division to his commissioner1 the commissioner to the ,secretary and he1 finally1 to ,congress4 ,each man has his particular place in the system1 and no one works at random4#b ,footnote #a3 ,there are a number of officials and clerks who properly belong to no division or bureau1 as1 for instance1 the librarian's private secretary and other clerical assistance in the ,secretary's office1 who are under his immediate supervision4 ,footnote #b3 ,this system is not always carried out perfectly in practice4 ,in some cases an officer is termed commissioner who is more properly a chief of division1 and vice versa4 ,in other cases the title of commissioner or chief of division is represented by a more technical designation as ,director of the ,u4,s4 ,geological ,survey1 ,comptroller of the ,currency1 etc4 ,the ,president and heads of departments appoint all officers in the executive departments4 ,it is manifestly impossible for them to base their appointments upon personal knowledge4 ,hence has arisen the custom of filling almost all offices not controlled by the ,civil ,service ,commission upon the recommendation of congressmen1 each of whom controls for the most part the patronage of his own district4 ,only the ,secretaries1 ,assistant ,secretaries1 ,commissioners1 and other chief officials are really appointees of the ,president on his own responsibility4 ,prior to the first administration of ,jackson the positions of government clerks in the departments were permanent4 ,in #ahbh ,jackson inaugurated the so-called spoils system1 which means that to the victor belongs the spoils4 ,only #gd removals had been made from #aghi to #ahbh4 ,jackson removed during the first year of his administration #b1jjj clerks4 ,since then1 until #ahhc1 each party1 on gaining control of the government1 has removed almost all the clerks in office who were of the opposite political faith1 replacing them with members of its own party4 ,in #ahhc was passed the ,civil ,service ,act1 by which it is provided that all future appointments of subordinate clerks in the executive departments are to be made only from those who have passed successfully an examination set by the ,civil ,service ,commission created by the act4 ,the ,state ,department4--,the ,department of ,state was the first department established4 7,act of ,july #bg1 #aghi47 ,there are three ,assistant ,secretaries4 ,their salaries are1 ,secretary #h1jjj1 ,first ,assistant #d1jjj1 and the other two #c1ejj4 ,the department is divided into seven bureaus1 7#a7 ,diplomatic1 7#b7 ,consular1 7#c7 ,archives and ,indexes1 7#d7 ,accounts1 7#e7 ,statistics1 7#f7 ,rolls and ,library1 and 7#g7 ,claims4 ,the ,secretary of ,state is charged1 under the direction of the ,president1 with the duties appertaining to correspondence with the public ministers and consuls of the ,united ,states1 and with the representatives of foreign powers accredited to the ,united ,states2 and to negotiations of whatever character relating to the foreign affairs of the ,united ,states4 ,he is also the medium of correspondence between the ,president and the chief executive of the several ,states of the ,united ,states2 he has the custody of the great seal of the ,united ,states1 and countersigns and affixes such seal to all executive proclamations1 to various commissions1 and to warrants for pardon1 and the extradition of fugitives from justice4 ,he is regarded as the first in rank among the members of the ,cabinet4 ,he is also the custodian of the treaties made with foreign states1 and of the laws of the ,united ,states4 ,he grants and issues passports4 ,exequaturs to foreign consuls in the ,united ,states are issued through his office4 ,he publishes the laws and resolutions of ,congress1 amendments to the ,constitution1 and proclamations declaring the admission of new ,states into the ,union4 ,he is also charged with certain annual reports to ,congress relating to commercial information received from diplomatic and consular officers of the ,united ,states4 ,the patronage of the ,secretary at ,washington is small1 about sixty clerks1 but that which concerns the diplomatic and consular service is important4 ,to facilitate communications and negotiations with foreign nations1 and to protect the interests of ,american citizens in foreign countries1 the ,united ,states1 in common with all civilized nations1 has an elaborate system of representatives residing at the capitals of all the principal nations4 ,this system is called the diplomatic service1 and is under the charge of a separate bureau of the ,state ,department4 ,communications and negotiations with foreign powers are generally carried on through them or through ministers of other nations stationed at ,washington4 ,these agents are called ministers and are of three grades 7#a7 envoys extraordinary and ministers plenipotentiary1 7#b7 ministers resident1 7#c7 chargs d'affaires4 ,these grades correspond to the lower grades of similar services in ,european countries4 ,we have no grade corresponding to that of ambassador4 ,the ,united ,states has ministers in about thirty-three countries4 ,the chief legations are those of ,great ,britain1 ,france1 ,germany and ,russia4 ,the salary attached to each of these legations is #ag1ejj4 ,the social demands upon ministers are great1 and1 as a rule1 the expenses of ministers have been more than their salaries4 ,ministers of foreign powers receive a much larger compensation than do ours4 ,to protect our commercial interests abroad1 and our seamen and vessels in foreign ports1 the ,united ,states has agents resident in all foreign sea-ports of any prominence4 ,their duties are numerous4 ,they ship seamen1 certify invoices1 take testimony1 examine emigrants1 etc4 ,they transmit to the ,state ,department monthly reports concerning any matter of commercial or social interest occurring at their stations4 ,these reports are published monthly by the department and have a wide gratuitous circulation4 ,this system is called the consular service2 and is also under the charge of a separate bureau4 ,these agents1 called consuls1 are of three ranks and titles2 7#a7 consul-generals1 7#b7 consuls1 7#c7 consular agents1 of whom #ahj are salaried1 the rest being paid by fees4 ,the names of the other bureaus indicate the nature of the duties performed by each4 ,the ,department of ,state has been prominently before the people during the last two years in consequence of the ,pan-,american ,congress1#a composed of representatives from all ,american nations4 ,this congress met in #ahhi1 under the auspices of the ,state ,department at ,washington1 to consider subjects of common interest1 such as international arbitration1 railroad and steamship communication1 uniform money and commercial regulations4 ,various standing committees and commissions were provided for2 and it is believed that through their efforts better commercial and social relations with the ,south ,american ,republics will be established4 ,the ,international ,marine ,conference1 composed of representatives from all marine powers1 likewise met at ,washington under the auspices of the same department1 and adopted a code of marine regulations for the guidance of all nations4 ,footnote #a3 ,the ,proceedings of the ,pan ,american ,congress were published by the ,department of ,state1 and also in the ,tribune ,monthly for ,september1 #ahij4 ,articles upon the subject lay ,mr4 ,romero1 the ,mexican ,minister1 appeared in the ,north ,american ,review1 ,september and ,october1 #ahij4 ,in foreign relations the department has been chiefly occupied of late in the attempted settlement of the right of the ,english and ,canadians to capture seals in ,bering's ,sea and ,straits1 and of the rights of ,american and ,english fishermen#a in the fishing grounds off the coast of ,new ,foundland2 in the conclusion of a new extradition#b treaty with ,england1 and of various treaties concerning trade with other nations4 ,footnote #a3 ,see ,tribune ,monthly entitled ,our ,continent1 or ,america for the ,americans4 ,footnote #b3 ,an excellent monograph upon the subject of ,extradition1 by ,hon4 ,j4,b4 ,moore1 has been published by the ,state ,department4 ,the ,treasury ,department4--,this department was created by act of ,september #b1 #aghi4 ,there are two assistant secretaries4 ,the department is divided into a large number of divisions1 with the following chief officers3 7#a7 ,the ,comptrollers1 7#b7 the ,auditors1 7#c7 ,treasurer1 7#d7 ,register1 7#e7 ,commissioner of ,customs1 7#f7 ,commissioner of ,internal ,revenue1 7#g7 ,comptroller of the ,currency1 7#h7 ,chief of the ,bureau of ,statistics1 7#i7 ,superintendent of the ,bureau of ,engraving and ,printing1 7#aj7 ,director of the ,mint1 7#aa7 ,superintendent of the ,life ,saving ,service1 7#ab7 ,supervising-,surgeon-,general of the ,marine ,hospital ,service1 7#ac7 ,supervising-,inspector-,general of ,steam ,vessels4 ,other officers are1 the ,supervising ,architect1 ,commissioner of ,navigation1 ,solicitor of the ,treasury1 and ,chairman of the ,light ,house ,board4 ,the mention of the various divisions indicates the importance and variety of the duties coming under this department4 ,the ,secretary is charged with the entire management of the national finances4 ,he submits annually to ,congress estimates of the probable revenues and disbursements of the ,government1 prepares plans for the improvement of the revenue and for the support of the public credit1 and superintends the collection of the revenue4 ,two comptrollers pass upon all claims against the government and accounts received from the auditors4 ,six auditors examine and adjust accounts relating to the expenditures of the various branches of the government4 ,the ,treasurer of the ,united ,states receives and keeps its moneys1 disburses them on the ,secretary's warrants1 and manages the ,independent ,treasury ,system4 ,the ,independent or ,sub-,treasury ,system was adopted by ,congress in #ahdf4 ,by this means the ,treasury ,department is independent of the banking system of the country2 but has established sub-treasuries in the principal cities of the ,union for the receipt and disbursement of public moneys4 ,there are sub-treasuries in ,new ,york1 ,san ,francisco1 ,saint ,louis1 ,chicago1 ,boston1 ,philadelphia1 ,baltimore1 ,new ,orleans and ,cincinnati4 ,for greater convenience moneys are also deposited at certain designated banks4 ,secretary ,windom1 however1 began rapidly removing such deposits from the banks and announced his intention to cease the placing of deposits with any bank4 ,the ,register of the ,treasury is the official book-keeper of the ,united ,states4 ,the ,commissioners of ,customs and of ,internal ,revenue have charge respectively of the collection of customs duties and internal revenue taxes4 ,the ,comptroller of the ,currency has control of the national banks4 ,the ,chief of the ,bureau of ,statistics collects and publishes the statistics of our foreign commerce4 ,in the ,bureau of ,engraving and ,printing are designed1 engraved and printed all government bonds1 national bank notes1 drafts1 ,united ,states notes1 etc41 for which work about #abjj persons are employed4 ,the director of the ,mint has general supervision over all mints and assay offices4 ,in addition to his annual report he publishes yearly a report on the statistics of the production of precious metals4 ,the titles of the other officers indicate the general duties of each4 ,the whole department employs about #c1djj persons at ,washington4 ,some of the more important public questions coming within the province of the ,treasury ,department at the present time are 7#a7 the ,tariff1 which has been settled for some years by the high tariff act of this ,congress2 7#b7 the silver question involving the gravest questions of finance1 likewise settled for a time by the silver act of this ,congress2 7#c7 the purchase of bonds on the market as a device to reduce the surplus and prevent the accumulation of money in the ,treasury2 7#d7 the national banking system1 whose basis is being removed by the rapid payment of the public debt2 7#e7 the merits of the ,independent ,treasury ,system by which it is claimed that money is kept out of circulation and a stringency caused in the money market2 and 7#f7 the advisability of transferring the revenue marine service to the ,navy ,department4 ,the ,war ,department4--,the ,war ,department was established ,august #g1 #aghi4 ,there is one assistant secretary4 ,the chiefs of the bureaus into which the department is divided1 are officers of the ,united ,states ,army1 and a part of the military establishment4 ,their titles and duties are as follows4 ,the ,adjutant ,general of the ,army1 who has under him a large force of clerks1 has the duty of issuing orders1 conducting the correspondence of the department1 and keeping the record4 ,the ,inspector-,general inspects and reports upon the condition of the army at all points1 and the accounts of the disbursing officers4 ,the ,quartermaster-,general has charge of the clothing1 quarters1 and supplies1 except food supplies1 which form the province of the ,commissary-,general4 ,the ,surgeon-,general has charge of the medical department1 of the ,army ,medical ,museum1 and a special library4 ,the ,chief of ,engineers has charge of the construction of fortifications1 etc4 ,the ,judge-,advocate-,general reviews the proceedings of courts-martial1 and advises the ,secretary on points of law4 ,there are also a ,paymaster-,general1 a ,chief of ,ordnance1 and a ,chief ,signal ,officer4 ,the ,chief ,signal ,officer has charge of the system of communicating with distant points by means of various systems of signals1 the most noteworthy of which is that of the heliograph1 by which information is conveyed by the use of sun-reflecting mirrors4 ,communication has been established between points #abe miles distant by means of a heliograph with a reflecting surface of but twenty square inches4 ,the ,war ,department answers more nearly than any other to the ,department of ,public ,works found in other governments4 ,all public improvements1 the construction of docks1 bridges1 and the improvement of rivers and harbors1 are under the supervision of army engineers4 ,all arctic explorations and the explorations of our western territory1 have been conducted by army officers under the direction of the ,secretary of ,war4 ,the publication of war records is being made by a special board in the ,war ,department4 ,thirty-five volumes have been published4 ,it is estimated that there will be one hundred and nineteen volumes when the work is completed4 ,the ,secretary of ,war also has charge of the ,military ,academy at ,west ,point1 of certain national parks1 and homes for disabled soldiers4 ,the army is commanded by a lieutenant-general under whom are three major-generals and six brigadier-generals4 ,it consists of about #bf1jjj men distributed in the three divisions of the ,missouri1 the ,atlantic1 and the ,pacific1 of which the first contains four departments1 the second1 one1 and the third1 three4 ,congress appropriates and expends through the ,war ,department #djj1jjj yearly on the ,national ,guard for its armament and equipment4 ,the aggregate of this reserve army regularly organized and uniformed is #ajf1ejj men4 ,the ,secretary also details army officers to furnish military instruction at various colleges4 ,the principal questions to-day concerning the ,war ,department are the advisability of strengthening our coast defences1 and the lessening of the desertions in the army1 which amount yearly to from ten to fifteen per cent1 of the total strength of the army4 ,the ,navy ,department4--,the ,navy ,department was established ,april #cj1 #agih4 ,there is one assistant secretary4 ,the routine work of the department is distributed among eight bureaus3 7#a7 of ,yards and ,docks1 7#b7 of ,equipment and ,recruiting1 7#c7 of ,navigation1 7#d7 of ,ordinance1 7#e7 of ,construction and ,repair1 7#f7 of ,steam ,engineering1 7#g7 of ,provisions and ,clothing1 7#h7 of ,medicine and ,surgery4 ,the chiefs of the bureaus are officers of the ,united ,states ,navy4 ,there is a hydrographic office attached to the bureau of navigation1 which prepares maps1 charts and nautical books relating to navigation1 and makes investigations concerning marine meteorology4 ,this ,department has charge of the ,naval ,observatory for which a new set of buildings is now being built at ,washington4 ,the ,department publishes yearly1 for the guidance of seamen1 the nautical almanac1 the preparation of which is intrusted to a separate bureau4 ,the department also compiles and publishes naval records of the recent war1 and has charge of the ,naval ,academy at ,annapolis1 ,maryland4 ,the ,officers of the ,navy upon the active list include one admiral1 one vice-admiral1 six rear-admirals1 and ten commodores4 ,the naval force includes #aj1jjj officers and men1 together with #b1jjj marines4 ,the number of vessels of the ,united ,states ,navy when all the ships now authorized are completed1 excluding those which by the process of decay and the operation of law will by that date have been condemned1 will comprise #aa armored and #ca unarmored vessels4 ,the five stations maintained are the ,asiatic1 ,european1 ,north ,atlantic1 ,south ,atlantic1 and ,pacific4 ,the chief matter of present public interest concerning this department is the creation of a new navy by the construction of modern steel vessels4 ,this new policy was begun in #ahhb4 ,the ,interior ,department4--,the ,interior ,department was created in #ahdi1 to take charge of various duties not properly belonging to any of the existing departments4 ,there are two assistant secretaries4 ,the chiefs of the bureaus into which this department is divided1 and their respective duties are as follows3 ,the ,commissioner of the ,general ,land ,office has charge of all the public land of the government1 its care1 supervision1 and sale or distribution4 ,in another chapter we give further details concerning the operations of this important bureau4 ,the ,commissioner of ,pensions has charge of the granting of pensions to old soldiers and sailors4 ,he has a large force at ,washington4 ,there are eighteen pension agencies in different parts of the country4 ,in #ahjh the ,united ,states assumed all the state pension obligations4 ,the act of #ahah gave pensions to all who had served nine months in the ,revolutionary ,war2 other wars were afterwards included4 ,the acts of the period beginning #ahfb have enormously increased the amount paid4 ,the report of the ,commissioner for #ahij shows that at the close of the fiscal year of #ahhi the number of pensioners was #ecg1idd1 and the annual expenditures for pensions #aje1ebh1ahj4ch4 ,the disability pension law passed ,june #bg1ahij1 will greatly lengthen the pension list and increase the annual expenditures4 ,the present ,commissioner says in his last report that it is believed that there are probably over one hundred thousand claims in this office which can be properly allowed under the provisions of these regulations4 ,the act of ,june #bg1 #ahij1 is the first disability pension law in the history of the world which grants to soldiers and sailors pensions for disabilities which are not proven to have been incurred in the service and in line of duty4 ,speaker ,reed of the ,house characterized it as the most generous piece of pension legislation ever passed by any nation on earth4 ,the ,commissioner of ,patents has charge of the granting of patents4 ,up to #agic the granting of letters-patent was given to a board consisting of the ,secretary of ,state1 ,secretary of ,war and the ,attorney ,general1 the records and models being kept in the ,department of ,state4 ,in #agic the granting of patents was given exclusively to the ,secretary of ,state4 ,in #ahba the clerk of the ,state ,department who examined applications for patents received the title of ,superintendent of the ,patent ,office1 and on ,july #d1 #ahcf1 the ,patent ,office was created as a separate bureau and a ,commissioner of ,patents created4 ,about #bd1jjj patents are issued annually4 ,there is an ,assistant ,commissioner-in-chief1 an ,examiner of ,interferences1 three ,examiners-in-chief1 thirty-eight ,principal ,examiners1 and a large force of assistant examiners for different branches4 ,patents run for seventeen years4 ,the annual receipts of the bureau from fees more than equal the expenditures1 and the office now has a surplus of several millions to its credit in the ,treasury4 ,the ,commissioner of ,indian ,affairs has charge of all matters concerning the ,indians1 their education1 government and support4 ,there are #bci ,indian schools supported by appropriations made by ,congress1 #adg of which are controlled directly by the ,indian ,bureau4 ,the average attendance of pupils at these schools is between eleven and twelve thousand4 ,the number of ,indians in our country 7not counting those of ,alaska7 is about #bej1jjj4 ,they occupy or have control of about #aaf1fcj1ajf acres4 ,the ,bureau of ,education was originally established as an independent ,department by act of ,congress1 approved by the ,president ,march #b1 #ahfg4 ,by an act of ,congress which took effect ,july #a1 #ahfi1 this ,department was changed to an ,office or ,bureau in the ,interior ,department4 ,the duties of this ,bureau are to collect and diffuse information regarding schools1 methods of instruction and school discipline1 etc41 and otherwise to promote the cause of education4 ,the results of the investigations here carried on1 though with a small clerical force1 are of the utmost value to all educators1 and such is the extent to which the merit of the work and publications of this office are recognized by the leading educators of the country1 that1 in their opinion1 the ,bureau should be re-established as a department1 and its chief be made a member of the ,president's cabinet4 ,the publications of the ,bureau consist of 7#a7 ,annual ,reports1 which set forth statistics and general information concerning the educational systems of the ,states1 ,territories1 larger cities1 universities1 and colleges2 professional1 special1 and scientific schools1 academies1 preparatory schools and kindergartens1 with a summary of the progress of education in foreign countries2 7#b7 ,special ,reports1 on subjects pertinent to the times2 7#c7 ,occasional ,bulletins1 on matters of current educational interest2 7#d7 ,circulars of ,information1 on important questions of educational work or history1 which are issued in yearly series4 ,under this last title there is now in course of publication a very valuable series of monographs upon the ,history of ,higher ,education in the various ,states4 ,these monographs are being prepared by competent scholars under the editorial supervision of ,dr4 ,h4,b4 ,adams of the ,johns ,hopkins ,university4 ,numerous ,annual ,reports have been issued1 and one is now in press1 for the year #ahhi-ij4 ,the working force of the ,bureau is divided into three divisions3 7#a7 ,records2 7#b7 ,statistics2 7#c7 ,library and ,museum4 ,the library of this ,office contains one of the most valuable pedagogical collections in the country4 ,the ,commissioner of ,railroads has charge of the government's interests in certain railroads to which the ,united ,states has granted loans of credit or subsidies in lands or bonds4 ,by the acts of ,july #a1 #ahfb1 and ,july #a1 #ahfd1 ,congress1 in order to encourage the building of a trans-continental railroad1 granted to several ,pacific railroad companies subsidies in land adjacent to the roads1 and issued certain amounts of bonds on which was guaranteed interest at the rate of six per cent4 ,the amount of lands given and bonds issued were in proportion to the number of miles of road constructed4 ,the lands were a gift4 ,the bonds were to be repaid by the companies with all interest which might have been advanced by the government4 ,from #ahej to #ahgb the various railroads received a total of #aee1ejd1iid acres of lands1 and #adg1aaj1jfi proceeds of bonds and interest paid by the ,united ,states4 ,the roads have repaid of this amount #cf1gbc1dgg1 leaving at the present time due from the roads to the ,united ,states the sum of #aaj1chf1eib4 ,this they will be unable to pay upon the maturity of the bonds1 and a bill has been before ,congress for several sessions looking towards a better adjustment of this debt4 ,the ,commissioner of ,railroads was originally styled the ,auditor of ,railroad ,accounts4 ,the office was created ,june #ai1 #ahgh4 ,geological ,survey4--,this branch of the ,interior ,department was established in #ahgi4 ,its work is the investigation and determination of the geological structure of the various sections of the country1 the composition of soils1 the reclamation of waste lands1 etc4 ,in this bureau are made topographical surveys and irrigation surveys of arid regions of the ,united ,states4 ,the publications connected with this work1 number ten ,annual ,reports1 thirteen ,monographs1 fifty-eight ,bulletins and five ,statistical ,papers4 ,in these there is a discussion of the geological structure of every state and territory1 and information concerning the occurrence and production of each great metallic and mineral staple of the country4 ,the bureau comprises one geographical1 twelve geological1 six paleontological and four accessory divisions4 ,a division of mines and mining publishes an annual report on the mineral resources and production of the ,united ,states4 ,the ,superintendent of the ,census4--,the ,superintendent of the ,census is appointed each decade for the purpose of taking the regular decennial census4 ,the ,eleventh ,census has just been taken4 ,the first was taken in #agij4 ,each census has shown a tendency to be more elaborate and to embrace a greater number of subjects than any preceding4 ,there were employed in the taking of the ,eleventh ,census #db1jjj enumerators1 #b1jjj clerks1 from #hjj to #ijj special agents1 #age supervisors and #be experts4 ,in addition to these eight bureaus1 the department has charge of various other branches of government4 ,all of the territories come under the ,secretary's supervision1 and look to him in case of any difficulty4 ,the ,secretary also has charge of the ,yellowstone ,national ,park1 the ,hot ,springs ,reservation in ,arkansas1 and of certain hospitals and eleemosynary institutions in the ,district of ,columbia4 ,a ,superintendent of ,public ,documents looks after the receipt1 distribution1 and sale of government publications4 ,the most important subjects of recent legislation concerning this department have been the dependent pension act1 the act providing for the survey of ,western lands suitable for irrigation1 and the land forfeiture act4 ,by this act over #h1jjj1jjj acres of lands were forfeited by the railroads for failure to fulfill the conditions under which the land was originally granted to them4 ,the ,post ,office ,department4--,the ,post ,office ,department was established in #aghi1 but the ,postmaster-,general did not become a cabinet officer until #ahbi4 ,the ,postmaster-,general has charge and management of the department1 and of the domestic and foreign mail service4 ,he can establish post offices and appoint postmasters of the fourth and fifth classes1 i4e4 those whose salaries are less than #a1jjj4 ,these number over #ej1jjj4 ,the total number of postoffices is about #ef1jjj4 ,the ,president appoints to those of the first three classes4 ,other officers besides the ,assistant ,postmasters-,general are1 the ,superintendents of the ,money ,order ,division1 of ,foreign ,mails1 and of the ,railway ,service1 and an ,assistant ,attorney-,general for the department4 ,the ,united ,states is a member of the ,universal ,postal ,union1 of which most1 if not all1 of the civilized countries are members4 ,the central office is known as the ,international ,bureau of the ,universal ,postal ,union1 and is conducted under the superintendence of the ,swiss ,postal ,administration1 and its expenses are borne by all the nations composing the ,union4 ,the revenues of the ,post ,office ,department nearly equal the expenditures1 and would have exceeded them before this but for the fact that as soon as the amount of receipts has warranted1 improvements have been made in the service1 through the reduction of postage rates and the extension of the free delivery system4 ,it has never been the policy of the government to make this department a source of revenue4 ,the patronage of the postoffice department is the most important of any of the departments1 and it is very largely for this reason that the ,postmaster-,general is a member of the ,cabinet4 ,crawford of ,south ,carolina secured in #ahbj the passage of an act limiting the term of office of postmasters to four years4 ,the appointment of postmasters does not come under the ,civil ,service ,act4 ,it is the principal aim of civil service reformers1 that postmasters should be appointed under its provisions4 ,the most important questions of public policy concerning this department1 are the reduction of postage rates on letters to one cent2 the advisability of the establishment of a postal telegraph service2 the extension of the free delivery system1 and the relation of the department to the civil service regulations4 ,the ,department of ,justice4--,the office of the ,attorney-,general of the ,united ,states was established in #aghi2 the ,department of ,justice not until #ahgj4 ,the ,attorney-,general gives advice upon legal points to the ,president and also1 when requested to do so1 to the heads of departments4 ,he directs the cases of the ,united ,states and sometimes appears in them1 especially in the ,supreme ,court4 ,he supervises the ,united ,states ,marshals and ,district ,attorneys4 ,his substitute and principal assistant is the ,solicitor-,general4 ,there are two ,assistant-,attorneys-,general1 the business of the one being connected with the ,supreme ,court1 and of the other with the ,court of ,claims4 ,there are also1 as mentioned before1 certain legal officers attached to the other departments4 ,additional counsel is frequently employed to assist in the argument of important cases4 ,to the ,attorney-,general belongs the duty of recommending persons to the office of judges1 etc41 in the ,united ,states ,circuit and ,district ,courts4 ,the ,department of ,agriculture4--,the ,department of ,agriculture was organized as a separate department in the year #ahfb4 ,in #ahhi its head became a cabinet officer4 ,there is one ,assistant ,secretary4 ,the duties of the ,secretary are to promote in every way the agricultural interests of the country4 ,for this purpose the department is separated into thirteen bureaus1 under the following officers 7#a7 the ,entomologist1 7#b7 ,chief of the ,bureau of ,animal ,industry1 7#c7 ,chemist1 7#d7 ,botanist1 7#e7 ,chief of the ,section of ,vegetable ,pathology1 7#f7 ,statistician1 7#g7 ,ornithologist1 7#h7 ,director of the ,office of ,experiment ,stations1 7#i7 ,microscopist1 7#aj7 ,pomologist1 7#aa7 ,chief of the ,forestry ,division1 7#ab7 ,chief of the ,seed ,division1 and 7#ac7 ,weather ,bureau4 ,the enumeration of these titles indicates the general nature of the work of the department4 ,here are investigated the habits of injurious insects and birds and the best means for their destruction2 the causes of and remedies for vegetable and fruit diseases4 ,the ,chief of the ,bureau of ,animal ,industry inspects herds of cattle and causes to be slaughtered those suffering from a contagious disease4 ,under a law passed in #ahij1 he also inspects all cattle and meat intended for export to foreign countries4 ,he investigates causes of and remedies for cattle diseases1 the best method of breeding1 etc4 ,the ,statistician publishes monthly and annual reports concerning statistics of the condition1 prospects and harvests of the principal crops1 the wages of farm labor1 etc4 ,the ,chemist analyzes fertilizers1 soils1 etc4 ,by the act of ,march #b1 #ahhg1 #ae1jjj per annum was appropriated by ,congress to each of the ,states and ,territories which have established an agricultural college or an agricultural college department1 for the establishment of experiment stations4 ,the ,department of ,agriculture has general oversight over these stations4 ,the ,department carries on experiments regarding the feasibility of profitable silk reeling in this country1 for which purpose there is a separate division2 it also makes experiments in the manufacture of sugar from sorghum and from beets grown in this country4 ,the best qualities of seeds are tested and distributed gratuitously among the farmers4 ,efforts are made to introduce and foster the cultivation of new kinds of agricultural products1 and in various ways to advance agricultural interests4 ,congress1 by an act passed during its last session1 #ahij1 created a weather bureau under the ,agricultural ,department and transferred to it the business of weather prognostication which had been tinder the ,chief ,signal officer in the ,war ,department4 ,the service remains unchanged4 ,it has stations at the military stations in the interior of the continent1 at life-saving stations1 and at other points in the ,states and ,territories4 ,meteorological observations are taken at each station1 and the information forwarded to the central office at ,washington1 where weather predictions for the succeeding day or days are made4 ,the predictions are given gratuitously to the public through a system of flag signals1 by the distribution of weather maps1 and by publication in the daily papers4 ,the percentage of successful forecasts of the weather during #ahij was #hd4d4 ,the ,department publishes the result of the scientific investigations carried on by its officers in ,annual ,reports of the ,secretary and ,chiefs of ,divisions2 in a series of ,circulars on special subjects1 in regular ,bulletins2 and in a series of studies on ,insect ,life4 ,these documents are distributed gratuitously4 ,the ,department of ,labor4--,the ,department of ,labor was created in #ahhd1 as a bureau under the ,interior ,department4 ,in #ahhh1 it became a separate department4 ,it is a purely statistical bureau4 ,it collects and publishes statistics on the cost of production1 on wages1 labor statistics1 etc4 ,its six published reports are on 7#a7 ,industrial ,depressions1 7#b7 ,convict ,labor1 7#c7 ,strikes and ,lockouts1 7#d7 ,working ,women in ,large ,cities1 7#e7 ,marriage and ,divorce1 and 7#f7 ,railroad ,employs4 ,had all the executive departments been created at one time by a constitutional convention1 we should be justified in expecting a greater symmetry and uniformity in the naming and grouping of chief officials4 ,an inspection of the various executive officers shows that not a few are under departments other than would be expected2 and the naming of officials is often misleading as to their importance4 ,within recent years there has appeared a strong tendency to depart yet more from a systematic grouping of executive duties under departments4 ,executive functions have been given to bodies entirely independent of the departments4 ,to complete our survey of the federal executive we must consider the following3 7#a7 the ,interstate ,commerce ,commission1 7#b7 the ,fish ,commission1 7#c7 the ,civil ,service ,commission1 7#d7 the ,government ,printing ,office1 7#e7 the ,national ,museum1 ,smithsonian ,institution1 the ,bureau of ,ethnology1 7#f7 the ,congressional ,library4 ,the ,interstate ,commerce ,commission4--,with the growth of our railroad system have come various abuses4 ,roads have discriminated in favor of one shipper over others1 and of one locality over others4 ,combinations have been formed to keep up railroad passenger and freight charges4 ,their influence has been used in political offices through the issuing of free passenger tickets1 etc4 ,various other minor abuses have centered around these corporations4 ,the ,states have been powerless to provide a remedy for the roads have been mostly engaged in interstate commerce with which the ,states are forbidden by the constitution to interfere4 ,to provide a remedy for the principal of these abuses ,congress passed the act of ,february #d1 #ahhg1 regulating the practice of railroads and creating the ,interstate ,commerce ,commission to enforce the provisions4 ,the ,commission is composed of five commissioners appointed by the ,president4 ,the ,commission sits as a court and adjudicates complaints arising between railroads or between citizens and railroads1 involving principles covered by the act4 ,it has rapidly attained its present position as one of the most important courts in the ,united ,states4 ,a statistician1 attached to the ,commission1 publishes annual statistics of railroads1 covering the extent1 the amount1 and value of their stock and bonds1 expenses of management1 receipts1 c4 ,the act1 of course1 applies only to those railroads lying in more than one ,state4 ,the ,fish ,commission4--,the ,fish ,commission was created by act of ,congress in #ahgj4 ,its chief is the ,commissioner of ,fish and ,fisheries4 ,there is also an ,assistant ,commissioner4 ,this ,commission stands in the same relation to the fishery interests of the country as does the ,department of ,agriculture to agricultural interests4 ,both are scientific and practical departments4 ,the former investigates the food1 habits and enemies of fishes2 experiments concerning the best methods of their capture1 the best kind of baits1 apparatus1 etc4 ,it collects statistics of fish and fisheries of the whole country4 ,probably its most important service is the propagation and distribution of food fishes4 ,under its direction are hatched and liberated millions of the young of the best food fishes in the various inland waters of the ,united ,states4 ,rivers suitable for black bass1 shad1 carp1 or other food fishes1 but not having them in their waters1 are supplied4 ,for these purposes the ,commission owns and manages various fish hatcheries1 fish distributing vessels and cars1 propagating ponds1 etc4 ,the yearly appropriation for carrying on this work amounts to nearly a quarter of a million of dollars4 ,the ,civil ,service ,commission4--,to correct the wasteful and demoralizing spoils system1 in vogue ever since the first administration of ,jackson1 ,congress passed1 ,january #af1 #ahhc1 an act to regulate and improve the ,civil ,service of the ,united ,states4 ,under the provisions of this act1 the ,president appoints three commissioners1 only two of whom may be of the same political party1 to administer the act4 ,it is one of the duties of this ,commission to provide examinations for testing the fitness of applicants for public service4 ,appointments in those branches of the government coming under this act can only be made from persons who have passed the civil service examination successfully4 ,adherence to one or the other political parties has little weight in the selection of employs4 ,under the regulation of this act are3 the nine executive departments at ,washington1 the ,civil ,service ,commission itself1 the customs districts1 eleven in number1 in each of which there are fifty or more employs1 all postoffices in which there are fifty or more employs1 and the ,railway ,mail ,service2 including altogether about #bh1ejj clerks4 ,the ,government ,printing ,office4--,in order that there may be intelligent legislation and administration1 an extensive system of reports is required4 ,the publications of the federal government are of course very numerous4 ,each department1 bureau1 and division makes an annual report4 ,the proceedings of ,congress are reported verbatim and published4 ,this printing and binding are done by the government through the government printing office1 established for that purpose4 ,the ,bureau of ,printing and ,engraving1 which is under the ,treasury ,department1 does no part of this4 ,its duties are limited to those of engraving and printing banknotes1 etc4 ,the chief of the ,government ,printing ,office is styled the ,government ,printer1 and is appointed by the ,president4 ,the ,national ,museum1 ,smithsonian ,institution and ,bureau of ,ethnology4--,in #ahbi ,james ,smithson1 bequeathed by his will the whole of his property1 something over half a million dollars1 to the ,united ,states of ,america to found at ,washington1 under the name of the ,smithsonian ,institution1 an establishment for the increase and diffusion of knowledge among men4 ,this fund held by the ,united ,states now amounts to #gjb1jjj yielding six per cent1 per annum4 ,in #ahdf ,congress determined to devote this gift of ,smithson to the founding and support of a museum4 ,the ,national ,museum was established in #ahdf1 and is supported by annual appropriations by ,congress4 ,in #ahgi ,congress created a special bureau under the ,secretary of the ,smithsonian ,institution1 to be called the ,bureau of ,ethnology1 to make researches in ,north ,american anthropology4 ,this work is supported by annual appropriations4 ,the ,national ,museum1 ,smithsonian ,institution and ,bureau of ,ethnology1 though distinct institutions#a are under substantially the same management4 ,their reports are of great scientific value4 ,the ,librarian of ,congress4--,the ,librarian of ,congress is an independent officer and reports directly to ,congress4 ,he has complete control of the ,congressional ,library1 now situated in the ,capitol building4 ,the books now collected in this library have been purchased from time to time by ,congress4 ,there is a law requiring that two copies of every book1 pamphlet1 newspaper1 photograph1 etc41 copyrighted in the ,united ,states1 shall be sent to the ,congressional ,library4 ,it thus receives large and valuable additions yearly4 ,the ,library now numbers over half a million volumes4 ,a new building for the library is in process of construction1 and it will have cost when completed between seven and eight million dollars4 ,footnote #a3 ,a valuable and suggestive paper on ,the ,origin of the ,national ,scientific and ,educational ,institutions of the ,united ,states1 by ,dr4 ,g4 ,brown ,goode1 ,assistant ,secretary of the ,smithsonian ,institution1 was published by the ,american ,historical ,association4 ,vol4 ,,iv1 ,part #b4 ,g4,p4 ,putnam's ,sons1 ,new ,york1 #ahij4 ,,chapter ,,xi4 ,the ,federal ,judiciary4 ,in forming the ,constitution the framers of our government were controlled by the principle that the powers which belong to all governments can be most safely and satisfactorily exercised by dividing them according to their nature among three separate branches1 the executive1 the legislative1 and the judicial4 ,under the ,articles of ,confederation this maxim of government had been disregarded4 ,the old ,continental ,congress had been given under that plan1 not only legislative powers1 but also those executive and judicial powers which the ,states had yielded to the central government4 ,the lack of a ,federal judiciary was1 as ,justice ,story says1 one of the vital defects of the old confederation4 ,hamilton1 the expounder of the ,constitution1 said3 ,laws are a dead letter without courts to enforce and apply them4 ,the reasons why a national system of courts was necessary were in order that there might be some power3-- #a4 ,to give to laws an interpretation that would be uniform throughout the land4 ,if there were thirteen independent courts1 each giving ,federal decisions on the same causes arising under the same national laws1 what but confusion and contradiction could arise8 #b4 ,to settle disputes between the ,states and citizens of different ,states4 #c4 ,to construe and interpret the ,constitution itself1 and decide all disputes arising under it act of either ,congress or of a ,state legislature contrary to the ,constitution can therefore be valid4 ,hence1 the necessity of some power which should have authority to determine the constitutionality of an act when brought into question1 and-- #e4 ,there should be the power of determining the constitutionality of any act of a ,state legislature1 and thus enforce upon ,state legislatures the restrictions laid upon them1 such as1 for example1 the inability to lay impost duties1 to pass laws violating the obligation of contracts1 etc41 or to regulate objects given exclusively to ,congress4 ,the manifest necessity of such a power may be best stated by using ,hamilton's own words 7,federalist1 #cj73 ,what would avail restrictions on the authority of the ,state legislatures without some constitutional mode of enforcing the observance of them8 ,the ,states1 by the plan of the ,constitution1 are prohibited from doing a variety of things1 some of which are incompatible with the interests of the ,union2 others with the principles of good government4 ,the imposition of duties on imported articles1 and the emission of paper money are specimens of this kind4 ,no man of sense will believe that such prohibition would be scrupulously regarded1 without some effectual power in the government to restrain or correct infractions of them4 ,this power must be either a direct negative on the ,state laws1 or an authority in the ,federal courts to annul such as might be in manifest contravention of the articles of ,union4 99 99 99 ,these courts are to be the bulwarks of a limited constitution against legislative encroachments4 ,these reasons were so strong that there was little or no objection in the constitutional convention to the creation of a national judiciary1 but difficulty arose in determining its precise nature and powers4 ,as we have learned1 the difficulty to be overcome in drafting our new scheme of government was to satisfy ,state jealousies and interests1 and preserve ,state rights of government1 and yet to obtain a strong central government2 and to harmonize ,state rights with ,federal strength4 ,in forming the national judiciary1 the objects to be obtained1 difficult of achievement1 were1 to use the words of ,judge ,curtis 7,federal ,courts of ,united ,states73 ,to construct a judicial power within the ,federal ,government1 and to clothe it with attributes which would enable it to secure the supremacy of the general constitution and all of its provisions2 to give to it exact authority that would maintain the dividing line between the powers of the ,nation and the ,states1 and to give to it no more3 and to add to these a faculty of dispensing justice to foreigners1 to citizens of different ,states and among the sovereign ,states themselves1 with a more even hand and with a more assured certainty of the great ends of justice than any ,state power could furnish--these were objects not readily or easily to be obtained1 and yet they were obtained with wonderful success4 ,the establishment of the federal judiciary is given in a few words in the ,constitution3 ,the judicial powers of the ,united ,states shall be vested in one ,supreme ,court and in such inferior courts as ,congress may from time to time ordain and establish4 ,in pursuance of this clause1 ,congress passed in #aghi1 what is known as the ,judiciary ,act1 the first section of which reads3 ,the ,supreme ,court of the ,united ,states shall consist of one chief justice and five associate justices4 ,this act also established the inferior federal courts1 the circuit and district courts1 and also defined and fixed their fields of jurisdiction1 i4e41 the class of cases which these courts could have power to try4 ,the ,supreme ,court stands at the head of our national judiciary4 ,its field of jurisdiction is the construction and exposition of the ,constitution of the ,united ,states4 ,hon4 ,s4,f4 ,miller1 senior justice of this court1 speaking of the high character of the duties performed by this court1 said3 ,this court1 whether we take the character of the suitors that are brought before it1 or the importance of the subjects of litigation over which it has final jurisdiction1 may be considered the highest the world has ever seen4 ,it has power to bring ,states before it1 ,states which some of our politicians have been in the habit of considering sovereign1 not only when they come voluntarily1 but by ,federal process they are subjected1 in certain cases1 to the judgment of the court4 ,whatever these ,states may have been at the time of the formation of the ,constitution1 they now number their inhabitants by the millions1 and in wealth and civilization are equal to many of the independent sovereignties of ,europe4 ,there have been considerable changes in the structure and duties of the ,supreme ,court since its formation4 ,at present there are nine justices1 instead of six4 ,there is now one annual term of the court held1 beginning on the #b;d ,monday of ,october and continuing until about ,may #a4 ,of the nine justices six constitute a quorum4 ,the ,supreme ,court first met in ,february1 #agij4 ,since its organization it has had eight chief justices1 in the following order4 ,john ,jay1 #aghi-agie4 ,oliver ,ellsworth1 #agie-ahja4 ,john ,marshall1 #ahja-ahce4 ,r4,b4 ,taney1 #ahcf-ahfd4 ,s4,p4 ,chase1 #ahfd-ahgc4 ,m4,r4 ,waite1 #ahgc-ahhh4 ,m4 ,fuller1 #ahhh4 ,in #agie ,john ,rutledge was appointed to succeed ,jay1 received his commission1 and held one term of the court1 but was not confirmed by the ,senate4 ,during the early years of the existence of the ,supreme ,court few cases arose requiring its jurisdiction4 ,during the first term there was no business to be transacted4 ,in #ahja there were only ten cases on the docket1 and for some years the average annual number of cases was twenty-four2 but in later years the number rapidly increased4 ,from #ahej the average number of cases decided was seventy-one1 while from #ahge to #ahhj the average was three hundred and ninety-one per annum1 and now there are more than a thousand cases awaiting a hearing1 and the court is so far behindhand in its work that it takes from three to four years for a case to come up for trial after having been entered upon the docket4 ,at present there are about four hundred cases granted a hearing yearly4 ,almost immediately after the adoption of the ,constitution began struggles and disputes between the ,states and the ,federal ,government4 ,in this contest the ,supreme ,court steadily upheld the central power1 and did much by its decisions to enforce and establish the power of the ,constitution4 ,especially was the court powerful during the years #ahja to #ahce1 when ,marshall was chief justice1 to whose wisdom and prudence it is difficult to ascribe too much influence in fixing the present stability of our government4 ,the ,supreme ,court has been an invariable supporter of the ,federal ,constitution4 ,during the early years of our government it was our firmest barrier against the efforts of the ,states to lessen the federal power4 ,it has always maintained the balance of power between the ,states and the ,union4 ,the annual term of the ,supreme ,court begins the second ,monday of ,october and lasts until about ,may4 ,daily sessions1 with the exceptions of ,saturdays and ,sundays1 are held1 beginning at #ab o'clock1 in the ,capitol building at ,washington4 ,the present justices are ,fuller1 chief justice1 and ,lamar1 ,bradley1 ,field1 ,harlan1 ,gray1 ,blatchford and ,brewer1 associate justices4 ,every ,saturday morning the justices meet in consultation and decide cases argued during the week4 ,the decisions are announced on ,monday mornings4 ,the justices are appointed by the ,president1 hold office for life1 and are removable only by impeachment4 ,the following are a few cases decided by the ,supreme ,court with which it is important that we should be acquainted owing to the influence which their decision has had upon our history3 #a4 ,in #agic the case of ,chisolm vs4 ,georgia came before this court4 ,chisolm1 a citizen of ,north ,carolina1 sued the ,state of ,georgia for a sum of money1 and under the second section of ,article ,,iii of the ,constitution1 which says that the judicial power of the ,united ,states shall extend to disputes between a ,state and citizens of another ,state1 the court gave judgment in his favor4 ,this decision that a ,state government could be sued against its will created so much dissatisfaction that the ,eleventh ,amendment was adopted1 which says1 the judicial power of the ,united ,states shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the ,united ,states by citizens of another ,state1 or by citizens or subjects of any foreign ,state4 ,the effect of this amendment has been to enable a ,state to repudiate its just debts4 #b4 ,in #ahai was decided the very important case of ,mc,culloch vs4 ,maryland4 ,the ,united ,states had established a national bank1 which was objectionable to many of the ,states4 ,maryland attempted to destroy the bank by levying a very high tax upon a branch bank within the ,state4 ,the question as to her right to do this was brought before the ,supreme ,court4 ,to have allowed ,maryland this right would have been to give to a ,state ,government the power to oppose and render useless an institution created by the ,federal ,government4 ,the court sustained the ,federal power1 and it was declared unconstitutional for any ,state to pass laws opposing the operation of any ,federal statute4 #c4 ,in the case of ,dartmouth ,college vs4 ,new ,hampshire was declared the unconstitutionally of a state law which impaired the obligation of contracts4 #d4 ,a very important case decided by ,chief ,justice ,taney was that of ,dred ,scott vs4 ,sandford in #aheg4 ,dred ,scott1 a negro slave in ,missouri1 had been carried into the ,territory of ,minnesota1 where1 by the ,missouri ,compromise of #ahbj1 slavery did not exist4 ,upon being carried back into ,missouri by his master1 ,scott claimed his freedom upon the ground that he had been voluntarily carried into a ,territory where slavery was not allowed4 ,the ,supreme ,court in its decision declared that ,congress had never had the power to pass any law which would forbid slave-owners settling in ,territories and still retaining control of their slaves4 ,the whole country was at this time in great excitement in regard to the question whether or not1 in the organization of the ,territories of ,kansas and ,nebraska into ,states1 slavery should be prohibited1 and this decision1 whereby the ,missouri ,compromise ,act was practically annulled1 and which pointed directly forward to an establishment of slavery in the new ,territories1 raised public excitement to a fever heat4 ,it was in this decision that the statement was made that at the time of the formation of the ,constitution the general opinion had been that the colored man had no rights which the white man was bound to respect4 ,as a direct result of this case a more determined stand was taken at the ,north against slavery2 the ,anti-,slavery ,republican party was strengthened1 and their candidate for ,president1 ,abraham ,lincoln1 elected in #ahfa1 and the catastrophe of civil war precipitated4 #e4 ,the ,legal-,tender decisions1 given in several cases soon after the civil war1 are important4 ,during the progress of the war the ,government1 in order to raise funds to meet its extraordinary expenses1 had been forced to issue slips of paper which represented no deposits of coin in the ,treasury1 but only promises to pay certain sums by the ,government4 ,these were declared legal tender1 that is1 made by law as good as gold and silver1 and the people were forced to receive them in payment of debts and for commodities4 ,it was questioned whether the ,government had by the ,constitution power to do this4 ,the legal-tender decisions declared that it had4 ,judicial ,system and ,jurisdiction of the ,united ,states ,courts4 ,district ,courts4--,the ,united ,states is divided into judicial districts4 ,many single ,states form a judicial district1 while others are divided into two and others into three districts4 ,the number of districts has varied4 ,at present there are about sixty4 ,to each of these districts is given a court and a district judge4 ,these form the lowest grade of ,federal courts4 ,circuit ,courts4--,these judicial districts are grouped into nine circuits4 ,for example1 the ,fourth circuit includes the districts of ,maryland1 ,virginia1 ,west ,virginia1 ,north ,carolina1 and ,south ,carolina4 ,for each circuit is appointed one circuit judge4 ,one of the justices of the ,supreme ,court is also allotted to each of the circuits1 who1 after the expiration of the ,supreme ,court term1 visits his circuit1 and tries the more important cases which may arise in that circuit4 ,the ,circuit ,court may be held by the circuit judge1 the ,supreme ,court justice1 or the district judge of that district in which the court is sitting1 or by any two of them1 or all of them1 sitting together4 ,the ,circuit ,courts form the next series of the ,federal courts higher than the ,district ,courts4 ,jurisdiction4--,the relation between the ,supreme1 ,circuit and ,district courts is easy to explain4 ,their jurisdiction is upon federal questions2 that is1 over those cases mentioned in the ,constitution over which judicial power has been granted to the ,united ,states1 viz41 questions arising under the ,constitution1 federal laws1 or treaties1 between citizens of different ,states1 between citizens and foreigners1 between ,states themselves1 etc41 and all crimes punishable under the ,united ,states laws4 ,the ,circuit ,court is higher than the ,district ,court1 and to it cases involving #ejj and over may be appealed from the ,district courts4 ,the ,supreme ,court is the court of last resort1 and to it all appeals from the ,circuit ,courts come1 with the limitation that #e1jjj be involved4 ,the cases decided by the ,supreme ,court are then of two classes3 7#a7 those over which it has original jurisdiction1 7see ,constitution72 i4e41 those cases which originate or begin in that court2 and 7#b7 those cases over which it has appellate jurisdiction1 i4e41 those cases which come thither by appeal from the lower ,circuit ,courts1 and which form the larger part of its work1 and also by appeal from the highest ,state courts in cases involving certain ,federal questions4 ,the ,district of ,columbia being directly governed by the ,united ,states1 its courts are ,federal courts1 and hence1 cases may be appealed from such courts to the ,supreme ,court2 likewise for the same reason appeals may be had to the ,supreme ,court from the territorial courts4 ,we must remember that these courts deal only with ,federal questions arising under ,united ,states laws1 and1 that besides these courts1 all of the ,states have their own judicial systems of courts to interpret state laws and to try the great majority of cases4 ,these courts are entirely separate from the ,united ,states courts1 and with different judges1 though cases may begin in them and be transferred to the ,united ,states ,courts1 if the interpretation of a ,federal law is brought into question4 ,there are four grades of law in the ,united ,states4 ,first and highest is the ,united ,states ,constitution2 second1 ,united ,states laws1 or statutes as they are called1 passed by ,congress2 third1 ,state constitutions2 and fourth1 ,state laws1 passed by the ,state legislatures4 ,in case of conflict of laws the lower must yield to the higher4 ,for the purpose of settling claims of private persons against the ,united ,states1 there has been established at ,washington a ,court of ,claims1 held by five judges4 ,from it appeals lie1 in some cases1 to the ,supreme ,court1 and1 in others1 they are referred to ,congress for action4 ,,chapter ,,xii4 ,the ,ordinance for the ,government of the ,northwest ,territory4 ,when the colonies joined in union under the ,articles of ,confederation1 in #agha1 they ceded to the ,general government their claims to unoccupied western territory4 ,the largest land grant was that by the ,state of ,virginia1 which occupied that part of the ,united ,states lying north of the ,ohio ,river and east of the ,mississippi ,river4 ,the problem of management of public lands was thus early presented to our ,federal ,government for solution4 ,the manner in which ,congress dealt with this question has proven eminently wise and successful1 and has been largely influential in making the ,united ,states the nation that it is to-day4 ,the feature that has characterized the plan followed from the beginning1 and which still obtains1 is the formation of ,states from such territory as soon as there is sufficient population4 ,such ,states have similar forms and powers of government as the original ,states1 are on an equal footing with them1 and are bound by the ,constitution of the ,united ,states4 ,congress has absolute control of the ,territories4 7,for ,territorial government see ,article on ,territories47 ,the ordinance which the ,continental ,congress adopted in #aghg for the government of the ,northwest ,territory is of great importance3 it provides for the establishment of our territorial system2 it contains many of those features of management which have been used from that date until now2 and it is also of interest because of the influence it has had upon the history of slavery in our country4 ,this ordinance provided that the whole of this territory should form one district4 ,at first ,congress appointed the governor1 secretary1 judges1 and military generals4 ,the governor was to make the laws1 subject to the approval of ,congress4 ,when the population reached five thousand the inhabitants were to have a legislature of their own1 and to have a delegate who should sit in ,congress1 but have no vote4 ,there was a bill of rights4 ,public education was encouraged4 ,not less than three nor more than five ,states were to be formed from it4 ,ohio1 ,indiana1 ,illinois1 ,michigan1 and ,wisconsin have been the five ,states formed from this territory4 ,the transformation of the territory into ,states was promised as soon as the population should reach sixty thousand4 ,slavery was forever prohibited in all this territory4 ,we shall see the tremendous importance of this clause1 which guaranteed to this large tract freedom from the curse of slavery1 when we come to consider the struggles which were made for many years to keep slavery from the territories4 ,,chapter ,,xiii4 ,government of the ,territories4 ,there are at present four areas1 situated outside of the ,states1 and organized under territorial governments4 ,these are ,utah1 ,arizona1 ,new ,mexico and ,oklahoma4 ,besides these there are the two unorganized territories1 ,indian ,territory1 and ,alaska1 and the ,district of ,columbia1 which last tract contains sixty-four square miles4 ,government of ,territories4--,the fundamental law of a ,territory is the ,federal ,constitution1 just as in a ,state4 ,unlike the ,state1 however1 it has no constitution of its own1 but is regulated entirely by ,congress4 ,in ,section #c1 ,article ,,iv1 of the ,constitution1 it is declared that ,congress shall have power to dispose of and make all needful regulations respecting the territory or other property belonging to the ,united ,states4 ,in pursuance of this clause ,congress has in the four organized ,territories instituted governments as follows3 ,the executive of the ,territory is a ,governor appointed by the ,president for a four years' term4 ,there is also a secretary and treasurer4 ,the legislature consists of two houses1 a council of #ab1 and a ,house of ,representatives of #bd4 ,these are elected by the people of the ,territories1 and have a term of two years4 ,the ,legislature meets every other year4 ,all its acts require approval by ,congress before becoming law4 ,the judiciary consists of three or more judges appointed by the ,president1 together with a district attorney and ,united ,states marshal4 ,territories send neither ,senators nor ,representatives to ,congress1 but have one delegate apiece in the ,united ,states ,house of ,representatives1 who may speak1 but not vote4 ,admission of a ,territory as a ,state4--,a ,territory is an embryo ,state4 ,as soon as a ,territory becomes sufficiently populated it applies for admission into the ,union as a ,state1 and such admission is accomplished in the following manner4 ,when an application by a ,territory for ,statehood is made1 it is considered by ,congress1 and1 if approved1 the inhabitants of the ,territory are authorized to form for themselves out of such ,territory a ,state government1 and thus prepare themselves for admission into the ,union4 ,a ,state government is formed as follows3 ,the ,governor of the ,territory issues a proclamation declaring that on a certain date there shall be an election of delegates to a convention2 such convention is to be held on a certain date4 ,these delegates are elected by a popular vote4 ,the members of the convention thus formed declare that they1 on behalf of the people of the ,territory1 adopt the ,constitution of the ,united ,states1 and then proceed to draft a ,state constitution and government4 ,it is provided that this constitution shall be ,republican in form1 and make no distinction in civil and political rights on account of race or color1 except for ,indians not taxed3 that it shall not be repugnant to the ,constitution of the ,united ,states and the principles of the ,declaration of ,independence4 ,perfect religious toleration must be guaranteed1 all right or title to the unappropriated public lands lying within the ,territory must be disclaimed and given over to the ,united ,states4 ,provision must be made by the constitution for the establishment and maintenance of the system of public schools4 ,after adoption by the convention the constitution is offered to the people for ratification4 ,if it is ratified1 the ,governor certifies the fact to the ,president of the ,united ,states4 ,provided the constitution is found to comply with all the conditions just mentioned1 the ,president issues his proclamation declaring the ratification of the constitution1 and upon the same day that the proclamation is issued the territory is deemed admitted by ,congress into the ,union as a ,state1 on an equal footing with the original ,states1 and entitled to representation in both houses of the ,federal ,congress4 ,the representatives and the ,governor and other ,state officers are elected on the same day as that upon which the constitution is ratified by the people4 ,,chapter ,,xiv4 ,state ,governments4 ,the ,united ,states is a nation of forty-four federated ,states4 ,each ,state has its own separate government1 which is sovereign1 except as to a few powers which have been granted to the ,united ,states government for general purposes4 ,citizens of ,states are also citizens of the ,united ,states1 and thus owe a double allegiance1 namely1 to the ,state in which they reside and to the ,united ,states4 ,these ,states vary in size from that of ,texas1 the largest1 with an area of #bfe1ghj square miles1 to that of ,rhode ,island1 the smallest1 with #a1bej2 and in population from that of ,new ,york1 with nearly six millions1 to that of ,nevada1 with about forty-five thousand4 ,the largest ,state is greater than either ,france or the ,german ,empire4 ,state governments are older than the ,federal government1 for it was by a grant by the ,states of certain of their powers that the ,united ,states government was created4 ,each ,state is represented in ,congress by two members in the ,senate4 ,members of the lower branch of the ,federal legislature are apportioned among the ,states according to population4 ,as in the case of the ,united ,states1 the powers of government are divided among three departments--the executive1 legislative1 and judicial4 ,in the ,united ,states ,constitution it is expressly declared 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 ,it would require considerable space to enumerate the duties of ,state governments4 ,with the exception of the few acts which the constitution forbids them to perform1 most of which they would not care to perform if allowed1 and the few general powers coming within the province of the ,federal ,government1 the ,states can do whatever their legislatures sanction4 ,they can go to the extremes of ,state socialism4 ,all ,states have a complete judicial system4 ,they regulate all legal relations of their citizens1 the laws of husband and wife1 principal and agent1 and of contract4 ,they provide for the detection and punishment of crime4 ,they control and mainly support the militia of the county4 ,railroad1 banking1 insurance1 and other corporations1 are chartered and controlled by them4 ,the construction and maintenance of roads1 the care of the public health1 the inspection of factories1 the determination of the right of suffrage1 and the control of its own elections are among the exclusive powers of ,state governments4 ,our extensive system of public schools are under the dual management of the ,state and local governments1 and under the superintendence of ,state officers4 ,the ,state takes care of the defective classes1 of the insane1 paupers1 etc42 and1 in general1 performs all those ordinary duties concerning internal affairs which are exercised by central governments4 ,each ,state government has-- #a4 ,a ,constitution4 #b4 ,a ,legislature of two ,houses4 #c4 ,an executive1 composed of a ,governor1 ,lieutenant-,governor 7in almost all cases71 ,secretary of ,state1 ,auditor1 and a few other officers4 #d4 ,a system of local government in counties1 towns1 cities1 etc4 #e4 ,a body of ,state laws4 #f4 ,a judicial system of courts1 from which no appeal can be had to ,united ,states courts1 except upon ,federal questions4 #g4 ,a system of local taxation4 ,each ,state government has all the rights usually pertaining to a sovereign ,state1 except--,those powers which the ,federal ,constitution expressly forbids to the ,states4 #c4 ,those powers which have in the ,constitution been exclusively given to the ,united ,states4 ,all ,states have public debts1 which they may1 and sometimes do1 repudiate4 ,they can be sued only by other ,states4 ,the ,eleventh ,amendment declared that a citizen could not maintain a suit against a ,state4 ,state laws are binding only within the boundaries of the ,state enacting them4 ,state ,constitutions4--,as the ,federal ,constitution is the supreme law of the ,united ,states1 so the ,state constitution is the highest law of the ,states4 ,the ,constitutions of the original thirteen ,states were naturally formed after the model of the charters enjoyed by the ,new ,england colonies4 ,in the colonies of ,rhode ,island1 ,connecticut1 and ,massachusetts their charters were adopted as constitutions without any change1 except1 of course1 the annulment of obedience to the ,english king4 ,all subsequent constitutions have been closely modeled after these first thirteen4 ,the ,federal ,constitution provides that all ,state constitutions must be ,republican in form4 7,for other conditions of admission of territories as ,states1 see subject ,territories47 ,the modes of amendment of constitutions differ in different ,states1 but in all1 amendment is much easier of accomplishment than in the case of the ,federal ,constitution4 ,this is shown by the fact that since #aggf there have been adopted by the ,states one hundred and five complete constitutions1 and two hundred and fourteen partial amendments2 while1 since the passage of the first ten ,federal amendments in #aghi1 there have been but five additional amendments4 ,some ,states provide that the constitution shall be submitted to the people for amendment at the end of certain intervals of time4 ,in the larger number of cases a majority of the popular vote is required for ratification of a constitutional amendment4 ,state constitutions show a tendency to become longer1 and to regulate a constantly increasing number of subjects4 ,a normal ,state constitution has the following provisions3 #a4 ,a definition of the ,state boundaries4 #b4 ,a bill of rights 7guaranteeing private rights1 such as freedom of the press and speech1 trial by jury in criminal cases1 right to assemble and petition1 etc474 #c4 ,a frame of government1 an enumeration of officers and powers of legislature1 executive1 courts of justice1 etc4 #d4 ,miscellaneous provisions1 relating to administration of schools1 militia1 taxation1 debts1 local government1 corporations1 amendments1 etc4 ,state ,legislatures4--,the legislature in all ,states consists of two ,houses1 of which the upper and smaller branch is called the ,senate1 and the lower and more numerous branch usually the ,house of ,representatives1 though in six ,states it is termed the ,assembly1 and in three the ,house of ,delegates4 ,the members of both houses are elected by popular vote1 but ,senators usually for a longer time1 and frequently higher qualifications for them are required4 ,states are divided into districts for election purposes1 and1 though members of the legislature may offer themselves for election from any district1 it has become the invariable custom for them to be elected only from the districts in which they reside4 ,universal manhood suffrage1 that is1 the right of all male citizens over #ba years of age to vote1 is the rule1 though in eight ,states paupers have no vote1 and in a few1 a certain amount of education is required 7generally enough to read the ,state constitution74 ,the number of members in the ,state legislatures varies greatly4 ,in the ,senate1 ,delaware has the smallest number 7#i71 and ,illinois the largest 7#ea74 ,in the lower ,house1 ,delaware has likewise the smallest number 7#ba71 while ,new ,hampshire has the greatest 7#cba74 ,the ,lieutenant-,governor of the ,state is ex officio ,president of the ,senate4 ,in all ,states1 except six1 sessions of the legislature are held only once every other year1 and even then the length of the session is limited to a fixed number of days4 ,as in ,congress1 business is conducted by means of committees1 but are in both ,houses elected by ballot4 ,the ,state legislatures have full charge and control of all local governments within their individual ,states4 ,the ,senate has the power of trying impeachments of ,state officials4 ,it also ratifies appointments of the ,governor4 ,in all ,states1 except four1 acts of the legislature require the signature of the ,governor before they become laws4 ,to pass a bill over a veto requires in twenty-three ,states a two-thirds vote in both ,houses2 in two1 a three-fifths vote1 and in nine1 a majority vote of the total number of members4 ,a ,state legislature can enact no law which will be effective beyond its own boundaries4 ,state ,executive4--,the chief executive of the ,state is the ,governor4 ,other chief officials are the ,lieutenant-,governor1 ,treasurer1 ,attorney ,general1 ,secretary of ,state1 ,auditor1 and ,superintendent of ,public ,instruction4 ,the term of office of the ,governor varies in different ,states from one to four years4 ,he has but small powers of appointment1 most of the ,state officials being elected by the people4 ,in all but four ,states he has a veto on legislation4 ,he has the power of pardoning4 ,the ,lieutenant-,governor is ,president of the ,senate4 ,state ,judiciary4--,the ,state judiciary includes three sets of courts3 #a4 ,a ,supreme ,court of ,appeals1 the highest court1 from which cases involving ,federal questions may be appealed to the ,supreme ,court of the ,united ,states4 #b4 ,superior courts of record4 #c4 ,various local courts1 such as county courts1 corporation courts1 etc4 ,each ,state recognizes the judgments of other ,states1 and gives credit to their public acts and records1 and delivers up to justice1 on demand of the executive1 any criminal fleeing from other ,states into her borders4 ,in most of the ,states the judges are elected by the people1 though in eight they are appointed by the ,governor1 and in five by the legislature4 ,the ,attorney-,general conducts cases in which the ,state is a party1 and manages other legal business in which the ,state is interested4 ,,chapter ,,xv4 ,local ,government4 ,in the chapter on ,government we learned that the people of the ,united ,states owe allegiance to two systems of government2 the one a central national government1 the other the state governments4 ,we have now to mention a third system of governments1 namely1 local governments2 for citizens of the ,united ,states live1 in reality1 under three distinct governments3 first and highest1 the ,national ,united ,states ,government2 second1 ,state governments1 and third1 local governments4 ,it is concerning local governments in the ,united ,states that we shall learn in this chapter4 ,just as the whole ,united ,states is divided into forty-eight sections1 each section being a ,state or ,territory1 so each ,state is in turn1 for convenience in the administration of its government1 divided into small local areas1 each division managing those affairs which appertain to its own area4 ,many of these divisions were not formed by dividing up the ,states4 ,the divisions came first1 or sprang up naturally within the ,states as soon as the colonies were settled4 ,social governments were the first governments formed in the settlement of our ,western territory4 ,dr4 ,edward ,bemis has described the beginnings of government in a new ,state in the following interesting manner3 ,the genesis of local government in ,western hamlets is very simple4 ,first comes the settler who1 ax in hand1 clears the ground for his humble dwelling1 and plants whatever seed he has brought with him4 ,then comes another settler and another until perhaps a dozen families are established near4 ,two wants are now felt3 roads1 or at least paths from house to house1 from hamlet to market town1 and a school-house for the multiplying children4 ,there is no strong central authority to provide these things1 but the settlers meet and vote to tax themselves4 ,the services of a supervisor1 collector1 clerk1 constable and justice of the peace are required4#a ,this is the beginning of the township and county4 ,as population increases1 other wants arise which only a stronger government can supply4 ,a territorial1 and then a ,state government are consequently formed4 ,footnote #a3 ,local ,government in ,michigan and the ,northwest4 ,j4,h4,u4 ,studies in ,history and ,political ,science4 ,vol4 ,i1 ,no4 #e1 p4 #aa4 ,the principal duties of local governments are those of education1 police1 sanitation1 charity1 the construction and maintenance of public roads1 the administration of justice1 the assessment and collection of taxes1 etc4 ,there are three types of local government in the ,united ,states3 ,first1 the ,new ,england type1 in which the unit of government is the town or township2 second1 the ,southern type1 in which the unit is the county2 and third1 the ,western system1 in which the ,new ,england and ,southern systems are combined4 #ast4 ,local ,government ,new ,england4--,here the unit of government is the township1 or town1 as it is usually called4 ,there are few towns exceeding five square miles in area1 and the population is generally less than #c1jjj4 ,the ,new ,england township is therefore not a thickly settled area4 ,when a town becomes closely settled it is incorporated as a city4 ,in the ,new ,england towns the people govern themselves directly4 ,in the ,state and ,federal governments the people are governed not by themselves1 but through representatives chosen by themselves4 ,the town or township form of government is that of a pure democracy2 the ,states and ,federal governments are representative governments or republics4 ,the supreme governing power of a town is in the town meeting1 composed of all qualified voters of the town4 ,the town meeting is held in the ,spring of each year4 ,after the choice of a ,moderator1 officers are elected for the ensuing year1 reports of officers for the past year read1 and the amount of taxes to be raised and expenditures to be made during the year1 determined upon4 ,the officers are the ,selectmen1 three1 five1 seven or nine in number1 who constitute the executive officers of the town1 and administer the ordinances passed by the town meeting2 a town clerk1 who keeps a record of the proceedings of the town meeting1 and a record of births1 deaths1 marriages1 etc42 a treasurer1 assessors and collectors of taxes1 constables1 and various other petty officers4 ,several offices are frequently given to the same individual4 ,the county also exists in ,new ,england1 and is formed by the union of several towns1 but it is of very little importance1 and has but few duties4 ,the township system is found in the ,middle ,states1 but in a modified form4 ,it is less democratic as a rule--officers being elected by ballot1 the town meeting generally absent1 and county government more important4 #b;d4 ,local ,government in the ,south4--,here the town 7township7 does not exist1 except in a few instances4 ,the unit of government for performing local duties is the county1 which is much larger than the ,new ,england townships4 ,the county government is managed by a ,board of ,county ,commissioners4 ,these are elected not in open meeting as are the town officers1 but by ballot4 ,county government is therefore a representative or republican government4 ,the county1 wherever found1 is primarily a judicial district4 ,the chief officer for executing the decrees of the county judiciary is the sheriff4 ,other county officers are the treasurer1 assessor1 etc4 ,local ,government in the ,west4--,here1 as before stated1 we find the ,new ,england and the ,southern systems combined1 but combined in different ,states in such various degrees as to make impracticable any attempt to describe them more particularly4#a ,in consequence of the grants of land by the ,federal ,government to ,western ,states for education1 local areas for the administration of these funds have been formed4 ,these are called school districts4 ,local government has tended to center around these districts1 and they have in many cases become important administrative districts4 ,their boundaries coincide with the boundaries of the townships and counties1 though a number of school districts may be in one county or township4 ,footnote #a3 ,more detailed accounts of the various systems of ,local ,government in the ,united ,states may be found in the early numbers of the ,johns ,hopkins ,university ,studies1 and also in ,professor ,george ,e4 ,howard's ,local ,constitutional ,history1 an extra volume in the same series4 ,,chapter ,,xvi4 ,city ,government4 ,the proportion of people in the ,united ,states who reside in cities is increasing4 ,in #agij there were only thirteen cities of #e1jjj inhabitants and none with #dj1jjj4 ,now there are over #ejj that have a population exceeding #e1jjj and #bh with a population of #ajj1jjj4 ,in #agij #cc per cent4 of the total population lived in cities of over #h1jjj inhabitants1 while to-day over #be per cent live in cities of this size or over4 ,when any small area becomes thickly and permanently settled1 and a certain population is reached 7which varies in different ,states71 the state legislature is appealed to1 and a charter of incorporation as a city is granted4 ,this enables the incorporated district to act independently of the county or township1 to levy municipal taxes and carry out public improvements4 ,rapid as has been the growth of cities1 the duties required of city governments have increased still faster4 ,the government of our large cities has become a question of vital importance4 ,it would be difficult to give a complete list of the duties devolving upon them4 ,the principal duties are 7#a7 the collection of municipal and state taxes1 7#b7 the establishment and care of public schools1 7#c7 the administration of justice1 7#d7 police supervision1 7#e7 the support of a fire department1 7#f7 the care of the streets1 7#g7 of street gas and electric lighting1 7#h7 of sewerage1 7#i7 of the water supply1 7#aj7 of public parks1 7#aa7 of sanitation and public health1 7#ab7 of prisons1 7#ac7 the supervision of the liquor traffic1 7#ad7 the regulation of street railways1 7#ae7 the enforcement of building regulations1 7#af7 the supervision of charities1 hospitals1 asylums1 etc4 ,the form of government of all our large cities is much the same4 ,it is substantially a reproduction1 in form1 of the state governments4 ,first1 there is a mayor1 who is the chief executive1 and is elected directly by the people of the city4 ,his term of office is sometimes only one year1 though more often two1 three1 or four years4 ,in almost all cases he has a veto on acts of the city legislature1 which veto may1 however1 be overridden by a two-thirds vote4 ,other subordinate officials are1 the treasurer1 collector of taxes1 chief of police1 health officer1 etc4 ,they are in part elected by the people1 in part appointed by the mayor1 or appointed by the city legislature4 ,practice varies in different cities4 ,city legislatures are of one or two houses4 ,the larger cities usually have two houses1 and the smaller cities one house4 ,the legislature is usually called the ,city ,council1 the upper branch the ,board of ,aldermen1 and the lower and more numerous branch1 the ,common ,council4 ,the members of the city council are elected by the people4 ,the acts of the council are called ordinances4 ,they are not sufficiently general to merit the designation of laws4 ,city judges are usually elected by the people4 ,the administration of the various duties of municipal government are generally given to special boards of officers1 as the police department1 fire department1 etc4 ,for election purposes1 cities are divided into wards1 and the wards into voting precincts4 ,our methods of municipal government have proved the least successful of any of our institutions4 ,corruption and grave abuses exist in almost every one of the larger cities4 ,problems connected with city government are among the most important questions of our time4 ,,chapter ,,xvii4 ,government ,revenue and ,expenditure4 ,government is an enormous business enterprise1 maintained and operated by its citizens1 that certain duties of a general interest and benefit may be performed4 ,the magnitude of the work performed necessarily requires the expenditure of vast sums of money4 ,the chief source from which these sums are derived is taxation4 ,taxes have been defined to be the legally determined and legally collected contributions of individuals for meeting the necessary and general expenses of the ,state4#a ,in the large majority of cases this is a good definition1 but in a few instances it is too narrow4 ,there are some taxes that are levied not primarily for the purpose of raising an income to meet the expenses of the government1 but to subserve some other purpose4 ,for instance1 the maintenance of our high duties on articles imported into the ,united ,states from foreign countries has for its main purpose the protection of our industries from ,european competition4 ,the large revenues that are derived therefrom are incidental4 ,high liquor licenses1 also1 are maintained for the express purpose of lessening the consumption of intoxicating beverages4 ,footnote #a3 ,carl ,knies4 ,the aim of every good government is to distribute its burdens of taxation1 as well as its benefits1 fairly and equitably among its citizens4 ,it is the duty of every citizen to assist in the realization of this aim1 by an intelligent1 honest and disinterested vote4 ,equality of taxation means equality of sacrifice4 ,each person should contribute towards the support of the government in proportion to his means and the benefits enjoyed4 ,it is the duty of every citizen1 first to see that just and expedient tax laws are passed1 then to pay his proper proportion1 and lastly1 to see that his neighbors likewise contribute their share4 ,to obtain an equitable system of government revenue and expenditure has been the great motive force which1 in the past1 has urged the people forward in their efforts to secure popular forms of government4 ,the power to tax is legislative1 and1 according to our theory1 can be exercised only by representatives directly elected by the people4 ,the refusal of ,england in the last century to extend this principle of no taxation without representation to her colonies in ,america1 lost her these possessions4 ,a government to be stable and efficient must possess adequate powers for the collection of its revenue4 ,the miserable condition to which the old ,confederation was reduced by reason of the inadequacy of its powers in this respect1 has already been discussed4 ,says ,fiske3 ,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#a ,footnote #a3 ,civil ,government1 p4 #gg4 ,the sources of government revenue other than taxes1 are various1 and differ in different countries4 ,in our consideration of the revenues and expenditures of our national1 state1 and local governments we shall have occasion to notice the various means by which their treasuries are filled4 ,the ,federal ,government raises its revenues independently of the other governing bodies1 from different sources1 and by a different set of officials4 ,besides taxation1 the principal source of revenue is from the sale of public lands4 ,federal taxes are of two kinds3 #a4 ,customs duties4 #b4 ,excise or internal revenue duties4 ,of these1 much the greater sum is raised from customs duties4 ,for the year #ahhi1a the total net receipts were #chg1jej1jeh4 ,of this #bbc1hcb1gda was derived from customs1 and #acj1hid1dcd from the internal revenue duties4 ,the sale of public lands yielded in that year #h1jch1fea4 ,the miscellaneous revenues amounted to #bd1big1aea4 ,footnote #a3 ,for fiscal purposes the year begins ,july #ast4 ,customs or tariff duties are taxes which have to be paid on a large class of goods imported into this country from foreign countries4 ,these charges are collected by ,government collectors1 stationed in all our principal seaport cities1 who inspect all incoming vessels and determine the amount to be paid1 according to the rate determined by ,congress4 ,this system constitutes the so-called protective tariff policy of our country4 ,those commodities not so taxed are said to be on the free list4 ,how much1 and on what articles these duties shall be levied1 is the question upon which the ,republican and ,democratic parties differ2 the former favoring high1 and the latter low rates1 that is to say merely enough to support the ,government1 or1 as it is termed1 a tariff for revenue only4 ,internal revenue duties are those taxes collected by the government from its own citizens upon a small class of articles produced in this country4 ,the chief items of this class are distilled liquors1 tobacco1 and oleomargarine4 ,in #ahhi1 out of the #acj1hid1dcd received from internal revenue1 there was derived from spirits and fermented liquor #ih1jcf1jda2 tobacco1 #ca1hff1hfa2 oleomargarine and miscellaneous1 #iia1ecb4 ,these duties are collected by ,government collectors stationed in every ,united ,states district1 who visit the distilleries1 collect the taxes1 and see that the law is enforced4 ,in several ,southern ,states attempts to evade the law are very frequent and difficult of detection4 ,the expenses of the vast postal system conducted by the ,federal ,government are very nearly defrayed by the charges made for postage1 and the amount received by fees more than equals the expense of the ,patent ,office4 ,the ,state and ,local ,taxes are generally1 for convenience1 collected at the same time1 and by the same officials1 but independently of the ,federal government4 ,the ,constitution of the ,united ,states forbids the ,states to derive a revenue from duty upon goods imported or exported4 ,the ,states are1 therefore1 for the most part1 restricted to a direct tax on property for the support of their governments4 ,the general method for raising this tax is as follows3 ,the legislature of the ,state1 having determined what income is needed1 apportion this sum among the counties1 or1 in ,new ,england1 directly among the townships1 in proportion to the value of the property situated within them1 or establish a certain percentage tax on all property1 to be collected in the same manner4 ,so1 similarly1 the counties apportion among the cities and townships within their areas1 in proportion to the value of their taxable property1 not only what they have to pay to the ,state1 but also the sums they have to raise for county purposes4 ,thus when the township or city authorities assess and collect taxes from the individual citizens1 they collect at one and the same time three distinct taxes--the ,state tax1 the county tax1 and the city or township tax4 ,retaining the last for local purposes1 they hand on the two former to the county authorities1 who1 in turn1 retain the county tax1 handing on to the ,state what it requires4 ,thus trouble and expense are saved in the process of collection1 and the citizen sees on one tax paper all that he has to pay4 ,the chief tax is the property tax1 based on a valuation of property1 and generally of all property1 real and personal4 ,of this1 by far the greater sum is realized from the tax on real property1 7land and buildings on it74 ,cities and other local subdivisions1 as has been stated1 are raising their revenues more and more from the sale1 taxation1 or operation of such public franchises and rights as street-car lines1 gas and waterworks4 ,those who fix the value of taxable property and thus determine the amount the owners are to pay1 are called assessors4 ,those collecting taxes are called collectors4 ,the revenue of the ,states is seldom large in proportion to the wealth and number of the inhabitants1 because the chief burden of administration is borne not by the ,states1 but by the ,federal government1 on the one hand1 and the local subdivisions of the ,states on the other4 ,the total revenue of all the ,states is barely one-third that of the ,federal government4 ,the ,expenditures of all the governing bodies1 ,federal1 ,state1 and local1 are kept entirely independent of each other4 ,those of the ,federal government are for the benefit of all the ,states1 while those of the other bodies are only for their own individual benefit4 ,the ,federal government receives much more than it expends1 and has yearly a surplus on hand in the ,treasury4 ,the ,states and local bodies have in the past expended more than their revenues1 making up their deficiency by loans on their credit4 ,the chief objects of ,federal expenditure 7in addition to the postal system already considered and for the most part supported by its own revenue7 are3 #ast1 interest on the public debt2 #b;d1 pensions to disabled soldiers2 #c;d1 for the support of the civil branch of the government2 #dth1 war and naval expenditures4 ,total expenditures for the year #ahhi were #bii1bhh1ihh4 ,the chief items were3 #a4 ,interest on the public debt1 #da1jjj1dhd #b4 ,pensions1 #hg1fbd1ggi #c4 ,civil service1 #hj1ffd1jfd #d4 ,war and ,navy1 #fe1hae1jgi #e4 ,indians1 #f1hib1bjg ,money can be expended by the government only after it has been appropriated by ,congress in its annual appropriation bills4 ,the appropriation of supplies by ,congress is the most important business that it transacts4 ,every year the heads of all the different departments frame estimates of the amounts of money needed to support their departments during the following year1 which estimates they send to the ,secretary of the ,treasury1 who1 after considering and revising them1 transmits them to ,congress in his ,annual ,letter4 ,this letter is considered by the ,appropriation ,committee1 whose duty it is to consider and frame bills for the appropriation of moneys4 ,though guided by these estimates1 supplies frequently depart widely from them4 ,after being reported to the ,house and passed1 money bills are sent to the ,senate1 where they are invariably amended by increasing the appropriations and are returned to the ,house4 ,a conference committee is then appointed from the ,house and ,senate ,committees on ,appropriations1 who1 after mutual concessions1 agree upon such appropriations as will be passed by both houses4 ,the ,house then amends the bill as agreed upon1 passes it1 and sends it to the ,senate again1 which in turn passes it1 and sends it to the ,president for his signature4 ,all bills for raising money must1 by the ,constitution1 originate in the ,house4 ,besides the appropriations for the expenses of government there is annually authorized a large expenditure for improvement of rivers and harbors4 ,many of the expenditures authorized by these bills are undoubtedly unnecessary1 but they are passed by general consent of the members1 each of whom desires to increase his popularity at home by getting public money spent in his district4 ,the expenses of the ,state governments are not heavy1 and are devoted to but few objects4 ,the chief expenditures are for3--7#a7 the salaries of officials2 7#b7 judicial expenditures2 7#c7 the ,state volunteer militia2 7#d7 grants to public schools2 7#e7 public charities and institutions1 as prisons1 insane asylums1 etc41 7#f7 interest on ,state debts2 7#g7 internal improvements and public buildings4 ,the methods of appropriations are similar to those employed by the ,federal government4 ,the expenditures of the local bodies1 and particularly cities1 are much larger1 in proportion to their population1 than those of the ,states1 and are increasing at a greater rate than the increase of population4 ,the objects of expenditure are numerous and very important4 ,the chief ones are3 7#a7 ,interest on local debts2 7#b7 maintenance and care of the streets and roads2 7#c7 lighting of streets2 7#d7 police2 7#e7 salaries of officials4 ,the following are outlines of the receipts and expenditures of the ,state of ,maryland for #ahhh1 and for the ,city of ,baltimore for #ahhg4 ,these figures are given not because they of themselves possess any especial importance1 but because from them can be obtained an idea of the activity of a typical ,state and city4 ,maryland4#a--,the total receipts from all sources were #b1edb1acj2 and there was paid out #b1jaf1jfj4 ,the chief receipts were from3 ,general ,taxes1 #gic1cja ,licenses1 #dhg1ifi ,corporation ,tax1 #gc1eec ,railroad ,tax1 #eh1dee ,inheritance ,tax1 #eg1gfg ,income from ,stocks and ,bonds owned1 #bjf1age ,fees1 #ag1ehe ,baltimore4#b--,the gross receipts into the treasury for the year ending ,december #ca1 #ahhg1 were #h1ddf1dci1 and were chiefly from the following sources3 ,taxes1 #d1baj1aab ,public schools1 tuition fees1 etc41 #f1gff ,market houses1 rent of stalls1 #eh1bhg ,wharfage and rent of wharves1 #cc1efa ,general licenses1 #dd1fji ,auction duties1 #g1dca ,dividends on stock in ,b4 ,o4 ,r4,r41 #acj1jjj ,water rents1 #gde1ddf ,passenger railway companies1 #acb1afg ,from the ,state for public schools1 #adg1djc ,temporary loan1 #a1eaj1jjj ,receipts to pay interest on loans1 #hif1gjd ,sale of stock1 #bdc1bhe ,the total disbursements were #h1djc1icj4 ,of this #d1eda1ceg was spent on account of expenses of city government1 the following being the principal items of expense3 ,interest on the public debt1 #iae1ihg ,expenses of law courts1 #aah1ijf ,expenses of jail1 magistrates1 c41 4 4 #ajc1ehg ,public schools 7less amount paid by ,state71 #eid1jhi ,expenses of poor1 #baj1gci ,police department1 #gjb1hhb ,street-cleaning department1 #bfc1icd ,fire department1 #bad1bbf ,street lighting1 #bba1bjc ,parks1 c41 #eb1jhj ,salaries1 #gb1fbd ,city council1 #eb1ibe ,footnote #a3 ,finance ,statistics of the ,american ,commonwealths3 ,e4,e4 ,seligman4 ,publications of ,am4 ,statistical ,asso41 ,dec41 #ahhi4 ,footnote #b3 ,r4,t4 ,ely1 ,taxation in ,am4 ,states and ,cities4 ,nearly all of our ,state and local governments1 as well as the national government1 have contracted large public debts1 the interest payments upon which constitute one of the chief items in their lists of expenditures4 ,the present debt of the ,federal ,government is largely the result of the enormous expenditures occasioned by the ,civil ,war4 ,in #ahfe1 ,august #ca1 it reached its highest point #b1cha1ecj1bid1 with an annual interest charge of #aej1igg1fig4 ,since then it has been steadily reduced until in #ahhi the total interest-bearing debt was but #hbi1hec1iij1 with an annual interest charge of #cc1geb1ced4 ,the principal of the national debt is mainly in the form of interest-bearing bonds held by the ,national banks and private individuals4 ,these bonds are of various denominations and are promises of the government to pay the sums named on their face1 at the expiration of a certain period4 ,the bonds at present unpaid1 and as such constituting the major portion of our national debt1 are principally of two kinds2 those bearing four and one-half per cent1 annual interest and falling due in #ahia1 and those bearing four per cent1 interest and falling due in #aijg4 ,the debts of most of the ,states were contracted by ill-advised and untimely systems of internal improvements4 ,the total state indebtedness ,june ,i1 #ahij1 as shown by the ,eleventh ,census1 was #bch1cif1eij1 a decrease of slightly over #eh1jjj1jjj in ten years4 ,the tendency now seems to be for ,states to withdraw from the money market as borrowers1 and for the county and city governments to take their place4 ,the local debts are very large1 and have shown a marked increase during the last twenty years4 ,they have been for the most part incurred in improvements and construction of public works1 which have in most instances well repaid the debts incurred4 ,,chapter ,,xviii4 ,money4#a ,no man by himself produces everything he wants to use1 but devotes his time to the production of some few things1 and the surplus that he does not use1 he exchanges for other things made by other men4 ,in rude stages of society this is done by a direct exchange of one commodity for another1 e4g4 so much wheat or corn for a gun or plow4 ,this is a very imperfect and cumbersome method1 which cannot be employed in our present complicated transactions of buying and selling4 ,there thus early developed the use of money1 or the practice of referring the value of all things to one standard1 usually the precious metals3 so that1 instead of trading #bj bushels of corn for a plow1 where it would be necessary to go to the great trouble of finding a man who had a plow1 and also wanted your corn1 you sell it for so much money1 and with this money you buy a plow4 ,money is thus but a medium of exchange and a standard of value4 ,in the ,united ,states1 as in most nations1 money has always been made by the ,government1 and the ,government alone1 so that one certain fixed system may prevail4 ,for the sake of convenience1 money is made of various kinds and denominations1 and ,united ,states money may conveniently be regarded under the five following divisions3 #a4 ,gold ,coin1 ,gold ,bullion1 and ,gold ,certificates4--,there are six gold coins3 7#a7 the eagle1 #aj piece2 7#b7 the double eagle1 #bj piece2 7#c7 the half eagle1 #e2 7#d7 the quarter eagle1 #b4ej2 7#e7 the #c piece1 and 7#f7 the #a piece4 ,the three last are but little used4 ,the gold bullion1 or gold in bars and blocks uncoined1 is for all practical purposes as good as the coin1 and in foreign trade is much used1 it being more convenient to handle4 ,besides the gold coin and bullion there are in circulation gold certificates4 ,these are paper1 the same in general appearance as the ordinary bank-note1 and certify that an equivalent amount of gold has been deposited with the ,treasurer of the ,united ,states1 and that the holder of the certificate has the right to obtain the gold for it at any time4 ,this does not increase the amount of money in circulation1 as for every one issued just so much coin is withdrawn and stowed away in the ,treasury4 ,the certificates are used simply for convenience1 and in order to avoid the necessary wear of the coin if in constant use4 ,these certificates are of the denomination of #bj4 #b4 ,silver ,dollars and ,silver ,certificates4--,there is no silver bullion circulating as money1 for a silver dollar does not contain a dollar's worth of silver1 as the gold dollar does of gold1 and the silver bullion is thus of different value 7less value71 according to weight1 than the silver dollar4 ,the silver certificates are similar to the gold certificates1 already described1 and certify that an equivalent amount of silver has been deposited in the ,treasury4 #c4 ,subsidiary and ,minor ,coins4--,all coins of a lower denomination than #a belong to one or the other of these two classes4 ,there are three subsidiary coins1 the fifty cent1 the twenty-five cent1 and the ten cent pieces4 ,the three cent piece is no longer coined4 ,all other coins are minor coins4 ,the peculiarity of the subsidiary and minor coins is that they are1 as compared with the standard coins 7gold and silver dollars71 of a greater value than the value of the metal they contain4 ,the subsidiary coins are legal-tender to the amount of #aj1 the minor to the extent of twenty-five cents4 ,by legal-tender is meant that the government has ordered that it must be received in payment of all debts and articles bought4 ,gold coin and the silver dollars and certificates are legal-tender to any amount4 #d4 ,treasury ,notes4--,under this head are included that form of money ordinarily known as greenbacks1 from the color of their backs4 ,they were originally issued during the civil war1 and are promissory notes on the part of the government1 and as such constitute a portion of the debt of the government4 ,they are paper1 which of itself is of no value1 and no coin is deposited in the ,treasury which they represent1 as in the case of the gold and silver certificates4 ,they thus cost the government nothing1 and1 as they are made legal-tender1 and paid out by the government1 they were just so much clear gain to it4 ,at first they were not redeemable1 i4e41 exchangeable for coin at the ,treasury1 but since #ahgi they are1 and are therefore just as valuable now as any other form of money1 though formerly worth much less than their face value4 ,one hundred million dollars in gold is kept on deposit in the ,treasury for their redemption4 #e4 ,notes of ,national ,banks4--,this is the one form of money that is not issued directly by the ,federal government1 but through the agency of what is called our ,national ,banking ,system1 which may be thus described3 ,a national bank can be organized by any number of men1 provided the capital stock of the bank is at least #ajj1jjj4 ,one-third of the capital must then be invested in government bonds and deposited in the ,united ,states ,treasury4 ,the bank may then issue notes to the extent of #ij per cent1 of such deposit4 ,such notes are thus amply secured by the deposits with the government4 ,the government guarantees their payment1 and so they circulate as well as the certificates issued directly by the government4 ,thus a great deal of the paper money in circulation is issued by the national banks1 which must1 on demand1 be redeemed with coin1 and1 in case of failure of the banks1 are paid by the government1 which reimburses itself from the deposits4 ,a bank-note differs from a ,treasury note in two particulars4 ,the ,treasury note or greenback is a promise of the government1 and is legal-tender in payment of all private debts2 the bank-note is the promise of a private company1 and is not legal-tender4 ,a bank-note is said to be paid when the bank gives a greenback or coin for it4 ,a greenback is said to be paid or redeemed when the government gives gold for it4 ,the following figures1 taken from the report of the ,secretary of the ,treasury for #ahhi1 give the amounts of the various sorts of money described in the foregoing1 which were then in the ,treasury1 in the banks1 and in the hands of the people3 ,gold coin and gold bullion1 #fhj1jfc1eje ,silver coin and silver bullion1 #cdc1idg1jic ,u4,s4 ,treasury notes1 #cdf1fha1jjj ,national ,bank-notes1 #baa1cgh1ifc ,subsidiary coins1 #gf1fja1hcf ,it will be noticed that gold and silver certificates are not included1 for1 as explained1 they merely represent an equal amount of coin or bullion on deposit4 ,the total amount of money is thus approximately #a1ffj1jjj1jjj1 which1 divided by the total population1 gives about #bg per capita4 ,it should be borne in mind in connection with these figures that other devices1 such as checks1 drafts1 bills of exchange1 and other forms of credit1 are used side by side with money in carrying on trade and serving the same purposes4 ,by the ,compromise ,silver ,bill of ,july #ad1 #ahij1 provision was made for a new kind of paper money4 ,by this act the ,secretary of the ,treasury was directed to purchase1 from time to time1 silver bullion to the amount of #d1ejj1jjj ounces each month1 and to issue in payment for such purchases ,treasury notes2 these notes so issued to be redeemable on demand in coin1 and to be a legal tender in payment of all debts1 public and private1 except where otherwise expressly stipulated4 ,footnote #a3 ,in the preparation of this article1 much assistance has been derived from an article by ,h4,c4 ,adams contributed to the ,chautauquan4 ,,chapter ,,xix4 ,public ,lands of the ,united ,states4 ,prior to #agha but six of the original thirteen ,states--,new ,hampshire1 ,rhode ,island1 ,maryland1 ,pennsylvania1 ,new ,jersey1 and ,delaware--had exactly defined boundaries4 ,the others claimed lands of various extents1 stretching to the ,mississippi ,river1 or even to the ,pacific ,ocean4 ,the title to all this land was then in the individual ,states1 and the ,national ,government1 as such1 had no land of its own4 ,this question of the ownership of the western land was one of the subjects of controversy and discontent between the ,states4 ,it delayed the adoption of the ,articles of ,confederation for some time4 ,those ,states with little or no land regarded with jealousy their more fortunate neighbors1 and would not consent to a union until a settlement or understanding was reached4 ,the ,articles of ,confederation were adopted only after assurance was made that all the public lands would be ceded to the ,federal ,government4 ,this was finally done by the ,states4 ,the ,government formed under the ,constitution succeeded to all this land1 and in addition1 to further cessions made by the ,states1 the last being that of ,georgia in #ahjb4 ,the subsequent additions of territory were made directly to the ,united ,states1 and not to the ,states1 and all land thus gained was held as public land to be disposed of by ,congress4 ,while the area of the ,united ,states is #c1fjc1hhd square miles1 the public domain which has been acquired by cession1 purchase1 or conquest1 to be disposed of by the ,government as it desires1 has amounted to #b1gjh1chh square miles1 or about two-thirds of the total area of the country4 ,the absolute title to this land1 as before stated1 became vested in the ,united ,states ,government4 ,the disposal of these lands has always been under the sole power and control of ,congress4 ,this land was all thinly populated by ,indian tribes1 who merely hunted over it1 leaving unimproved its natural fertility and vast mineral resources4 ,these tribes1 being actual occupants1 were recognized to have a sort of half interest in the land4 ,this half ownership was always first extinguished by the ,united ,states by purchase for small sums1 or by the granting of certain privileges1 etc41 before it was opened up for settlement and occupation by the white man4 ,land is still held1 to a considerable extent1 in this way by the ,indians4 ,this right of the ,indians can be extinguished only by the ,united ,states1 as they are not allowed to sell or treat at all with individuals or ,states or foreign nations4 ,until #ahab the affairs of the public domain were managed by the ,secretary of the ,treasury4 ,in that year the office of ,commissioner of the ,general ,land ,office was created1 which remained a bureau under the ,treasury ,department until #ahdf4 ,on the creation of the ,interior ,department in that year1 ,indian affairs were transferred to it1 and have remained under the same management until the present time4 ,this bureau has complete charge of all matters relating to the management and disposal of the public lands1 subject to the direction of ,congress4 ,almost every conceivable method of disposing of this land has been followed4 ,the ,government has1 however1 never assumed the position of landlord and rented the land1 except in one case of some mineral land1 and this experiment resulted disastrously4 ,before the land could be disposed of1 it was necessary that it should be surveyed by the ,government4 ,to do this there was adopted as early as #aggf1 the so-called rectangular system1 which1 with slight changes1 has been continued until the present time4 ,by this system there are first surveyed a base and a meridian line1 crossing each other at right angles1 running north and south and east and west4 ,from these fixed lines the land is surveyed and marked off into rectangles of six miles square1 each thus containing thirty-six square miles4 ,this is called a township4 ,this is again divided up into sections of one square mile each or #fdj acres1 and this again into quarter sections of #afj acres each4 ,in some cases these are still further subdivided4 ,the regulation and disposition of the public lands has been one of the chief duties imposed upon ,congress4 ,the chief methods by which the public lands have been disposed of are as follows3 #a4 ,educational ,grants4--,congress from the very first provided liberally for the establishment of common schools through grants of public lands for this purpose4 ,as each township is surveyed one quarter section of #fdj acres is set apart for common schools4 ,this has continued from the beginning down to the present time4 ,in addition1 large grants have been made specially for the endowment of universities4 ,within later years land has been given to every ,state to found ,state military and agricultural colleges4 ,up to the year #ahhh1 there had thus been granted for educational purposes #gg1ddh1aib acres4 #b4 ,land ,bounties for ,military and ,naval ,service4--,there have been granted by different acts bounties of public land1 in the nature of pensions1 to the soldiers and sailors of the ,united ,states ,army1 on their honorable discharge1 for their service to the ,government4 ,the amount of land thus granted 7#ahhj7 has been #fa1jbh1dcj acres4 #c4 ,to the ,states for ,internal ,improvement4--,there was granted to the ,states during the years from #ahbh to #ahdf1 for the improvement of rivers1 building of canals1 wagon roads1 railroads1 etc41 #afb1bcj1jii acres4 #d4 ,sale of ,public ,land4--,under this head there are two classes of public land--first1 that which may be bought for the minimum rate of #a4be2 and1 secondly1 the alternate sections along the railroads 7the other alternate sections being granted to the railroads71 the minimum price of which is #b4ej4 ,there have been sold in all #aib1ehd1aaf acres1 realizing #bcc1jjj1jjj4 #e4 ,under the ,pre-emption ,acts4--,these acts1 passed at various times1 provide that where a man1 a citizen of the ,united ,states1 settles upon and cultivates for a certain length of time1 a tract of land not greater than #afj acres1 the ,united ,states will give him such tract4 #f4 ,under the ,homestead ,acts4--,the homestead laws have created a better and more certain manner for settlers to acquire land than under the pre-emption acts4 ,by these acts it is provided that any citizen who will select either #afj acres of the #a4be land1 or #hj of the #b4ej land1 can then get a permit from the land office1 settle on his land1 and acquire a title to it4 #g4 ,under the ,timber ,culture ,act4--,this act gives to any one the right to #afj acres of the #a4be land if he will plant #aj acres in timber1 or #hj acres of the #b4ej land if he will plant #e acres in timber4 #h4 ,certain ,lands to ,states4--,quite a large quantity of the public land has been given to the ,states on account of its quality1 as swamp or overflowed land1 and for various reasons1 to the extent of #aeh1dag1ead acres4 #i4 ,grants to ,pacific and other ,railroad ,companies4--,the nature of these grants have already been spoken of in another chapter4 ,from #ahej to #ahgb a total of #aej1ejd1iid acres was given for railroad construction4 ,,xx4 ,reconstruction4 ,the conclusion of the civil war in #ahfe did not relieve the ,united ,states ,government of its extraordinary difficulties4 ,there was the whole ,south1 a conquered territory1 occupying the anomalous position of a district1 still within the ,union1 yet possessing no legal state governments4 ,the ,confederate government had now been destroyed by the ,north1 and the ,south was thus without a government4 ,four million slaves had been liberated1 who were uneducated1 without money1 and living among people hostile to them4 ,congress had to provide for and protect these freedmen in their rights4 ,the work to be done by ,congress1 was then3--#a4 ,to decide upon what terms and upon what conditions the seceded ,states should be re-admitted into the ,union1 and to provide for them a government until such re-admission4 #b4 ,to protect the negro4 ,the ,south1 though in the ,union1 had at this time1 of course1 no representation in ,congress1 and consequently1 the ,republicans were in great majority4 ,unfortunately1 ,johnson1 who succeeded to the ,presidency at the death of ,lincoln1 though a ,republican1 disagreed with his party1 and legislation upon this subject was only secured by passing all acts over his veto by a two-thirds vote4 ,after much discussion1 the first ,reconstruction ,bill1 to provide for the more efficient government of the rebel ,states1 was passed in #ahfg1 vetoed by the ,president1 and passed over his veto4 ,its principal provisions were--#a4 ,the insurrectionary ,states were to be put under ,united ,states control1 and for this purpose divided into five military districts1 over each of which the ,president was to appoint a commanding officer4 #b4 ,the people of the various ,states might hold a delegate convention1 elected by the citizens who had not been deprived of the right to vote for participation in the rebellion4 ,the convention was to prepare a new constitution1 which constitution was to be then submitted to the vote of the people1 and when ratified by them and approved by ,congress1 should go into force1 and the ,state be entitled to representation in ,congress4 ,before approval by ,congress the constitutions adopted by the rebel ,states had to agree in all the following particulars3 7#a7 abolishing slavery2 7#b7 declaring null and void all debts created by ,states in aid of the rebellion2 7#c7 renouncing all right of secession2 7#d7 declaring the ordinance of secession which they had passed null and void2 7#e7 giving the right to vote to all male citizens1 without regard to color2 7#f7 prohibiting the passing of any law to limit or abridge the rights of any class of citizens4 ,in #ahfh the ,fourteenth ,amendment was adopted by a sufficient number of ,states1 and was declared a part of the ,constitution4 ,in #ahga all the ,states were1 for the first time since #ahfa1 represented in both houses of ,congress4 ,reconstruction by ,congress was then completed4 ,,chapter ,,xxi4 ,party ,machinery4 ,in all the ,states1 counties1 cities1 and even in the smaller subdivisions of wards1 political parties are thoroughly organized1 with acknowledged leaders1 and under systems of rules or party government4 ,this party government1 or machine1 as it is called1 has been created by no law or constitution1 but is one which has been gradually formed by the voters themselves1 and under which they have voluntarily placed themselves1 in order better to succeed in their elections1 well realizing that the best chance of success is by having all the voters of their party united on certain principles embodied in a party platform1 and having candidates so nominated that the whole party will recognize them as their choice4 ,the aims of party organization are3 ,first1 union1 that is1 having all voters united as to candidates and platform2 and second1 recruiting or the gaining of new adherents4 ,there are at present two opposing political parties1 both striving for the control of the ,government4 ,both have very nearly the same system of party government1 but their organizations are totally distinct and separate one from the other4 ,there are two distinct parts of party government4 ,they are2 first1 sets of committees1 whose business it is to do all the work of managing elections1 such as raising and applying funds for election purposes1 organizing meetings1 providing speakers1 publishing and distributing political tracts and other information1 and stirring up enthusiasm by parades and fireworks1 etc4 ,they have also the important duty of calling together nominating conventions4 ,the second part of the machine embraces the nominating conventions1 which propose the names of the candidates whom their party are to support for election4 ,these assemblies are called together by the committees periodically1 for the purpose of specific nominations1 and cease to exist as soon as their work is done4 ,besides nominating candidates1 the conventions draw up the platform1 which is a statement of party principles1 beliefs1 and pledges4 ,to provide for their reassembling next time1 they also elect a new committee1 for the next term2 and also send delegates to the next higher convention4 ,thus are found committees and a nominating convention1 managing not only national and state elections1 but even arranging and managing elections in the smaller electoral subdivisions4 ,there is a committee and a nominating convention for every city1 for every county1 for every district1 and for every ,state4 ,there are1 then1 throughout the whole ,united ,states1 such committees1 each controlling its own local affairs1 but yet all related to each other1 thus forming one vast organized system4 ,beginning with the smallest and lowest1 let us show their mutual connections and workings4 ,starting1 then1 with the township convention1 or convention of a city ward1 we find that all the voters of the party are called together on a certain day by a committee 7which was chosen at the preceding meeting7 for the purpose of nominating candidates for local affairs1 and naming delegates to represent them at the city or county convention4 ,the city or county convention1 composed of these men1 is called together by the city or county committee4 ,it first nominates candidates for the city or county offices1 and selects delegates to the state convention1 and also provides for the next meeting by the election of a new committee for the ensuing year4 ,in similar manner1 just before every state election1 the state convention1 composed of city and county delegates1 is called together by the state central committee4 ,here are nominated men for state officers2 a new committee is appointed to manage state elections2 and also1 once every four years1 the important duty of selecting ,presidential electors is performed4 ,the ,democrats also select1 in this state convention1 their delegates to the ,national ,presidential ,nominating ,convention4 ,the ,republicans select but four delegates from each ,state in state conventions1 the remainder being appointed in district conventions4 ,following the same method the ,national ,central ,committee calls together a ,national ,convention of all the delegates which have been appointed by the ,state1 for the purpose of 7#a7 nominating candidates for their party for ,president and ,vice ,president2 7#b7 drawing up and accepting a party platform2 7#c7 selecting a new ,national ,central ,committee for the next four years1 which committee is to manage the election campaign and call the next ,national ,convention4 ,,chapter ,,xxii4 ,national ,conventions and ,presidential ,campaigns4 ,history and ,development of the ,national ,convention4--,in the ,presidential elections of #aghi and #agib there was no necessity for regular party nominations1 as the whole people were practically unanimous in favor of ,washington4 ,likewise in #agif it was so well understood that ,adams was the man desired by the ,federalists1 and ,jefferson by the ,democrats1 that formal nominations were not required4 ,but1 commencing with #ahjj1 political parties were more divided in their choice1 and some method was demanded by which it might be decided on whom the party should unite4 ,from #ahjj to #ahbj this demand was met by nominations made by ,congressmen1 in caucuses1 or private meetings1 of the members of each party4 ,this method finally proved unsatisfactory to the country1 but from #ahbd-ahce no new and better method was invented1 and nominations were made rather irregularly1 each ,state legislature proposing the name of its favorite4 ,this method of nomination naturally failed to unite the voters of the party1 in all the different ,states1 on one man1 and had to be abandoned4 ,after a failure to revive nomination for ,president by ,congressional caucuses1 a new method was developed and adopted1 which was by ,national ,nominating ,conventions1 such as we have to-day4 ,the introduction of this last plan may fairly be dated at #ahdj4 ,national ,conventions were first held at ,eastern cities1 but are now held further ,west1 to accommodate the shifting center of population1 ,chicago being the favorite city4 ,the ,national ,convention is composed of delegates from all the ,states4 ,each ,state sends twice as many delegates as it has representatives in the ,national ,senate and ,house of ,representatives1 thus making a total now of #hjb4 ,in addition to these1 the ,republicans allow two delegates from each of the ,territories4 ,method of ,procedure4--,as soon as the ,state and ,territorial delegations arrive in the city they each elect a member for the new ,national ,central ,committee for the next term4 ,inside of this committee is chosen an executive committee1 which1 in reality1 does all the work of conducting the campaign4 ,the members of this committee are almost always men of wealth1 and are expected to contribute liberally to the campaign fund4 ,the business of the ,national ,convention is commenced by the chairman of the ,national ,central ,committee calling the convention to order4 ,a temporary chairman is then chosen1 who appoints a committee on credentials1 whose duty it is to decide which delegation shall be admitted in case two delegations are sent from the same ,state1 both claiming admittance as representing the party in that ,state4 ,a committee on resolutions is also appointed to prepare the party platform4 ,the next day the permanent chairman is appointed4 ,the platform is then read and adopted1 or amended and adopted4 ,there is next an alphabetical roll-call of the ,states1 when names are proposed and seconded for nomination as candidates for ,president4 ,the average number of names proposed is seven or eight1 though sometimes as many as twelve are offered4 ,as each man is proposed the delegate presenting his name extols him in a laudatory speech1 and gives reasons why his man will make a strong candidate and an able ,president4 ,voting then commences4 ,each delegate has one vote4 ,in the ,republican convention a majority of the whole number of the delegates voting for one man is required before a nomination is reached1 while the ,democrats require a two-thirds vote4 ,sometimes a nomination is made on the first ballot1 while at other times the convention has been so divided that as many as #ec ballots have been required1 as was the case when the ,whigs nominated ,scott4 ,forty-nine ballots were needed when ,pierce was nominated by the ,democrats4 ,in #ahhh ,cleveland was nominated by the ,democrats by acclamation1 no vote being necessary to show the wishes of the delegates4 ,harrison was nominated by the ,republicans on the eighth ballot4 ,a candidate for ,president having been selected1 a ,vice ,president is nominated in a similar manner1 though generally with much less trouble1 and the work of the convention is ended4 ,the candidates are now put before the people by their respective parties4 ,the people1 of course1 do not vote directly for them1 but what amounts to the same thing1 vote for electors1 who are pledged to vote for them4 ,a vigorous campaign of four months then follows1 until election day1 in the first week in ,november4 ,each candidate1 a short time after his nomination1 is expected to publish a letter of acceptance1 in which he expresses his full confidence and belief in the platform which his party has adopted1 discloses his views1 and outlines what his future policy will be if he is elected4 ,to recapitulate1 then1 in a few words1 let us see how a ,president is nominated and elected4 ,in nominating the ,president each voter in caucus or primary meeting shares in choosing delegates to the ward convention1 which chooses delegates to the city or county convention1 which in turn sends delegates to the district conventions4 ,in these1 delegates are chosen for the ,state conventions1 where ,presidential electors are appointed1 and also the delegates sent to the ,national ,convention4 ,in the ,national ,convention1 composed of delegates sent from the ,state conventions and ,territories1 the ,presidential candidate is nominated4 ,the electors are elected by the people1 who in turn elect the nominees of their ,national ,convention4 ,if ,state officers1 as ,governor1 ,attorney-,general1 ,secretary of ,state1 ,treasurer1 etc41 are to be elected1 they are nominated in the ,state conventions and elected by the people4 ,besides counties1 townships1 and cities1 ,states have other subdivisions for political purposes4 ,thus the whole ,state is divided into senatorial districts1 each one of which sends one ,senator to the ,state legislature1 and also into smaller districts1 each one of which sends one member to the lower house of the ,state legislature4 ,usually a senatorial district is one or more counties1 except in the case of large cities1 which may in itself contain two or more senatorial districts4 ,,chapter ,,xxiii4 ,introduction to the ,study of the ,history of ,political ,parties in the ,united ,states4 ,a knowledge of the nature of our federal government1 and its relations to the ,state ,governments1 of which it is composed1 is a prerequisite to an understanding of the history of our political parties4 ,the government of the ,united ,states is a federal republic1 first formed by the voluntary union of thirteen commonwealths4 ,at present it is composed of forty-four united ,states4 ,it is a government of enumerated powers1 and in this respect differs radically from the governments of the individual ,states4 ,as all agree1 the ,federal ,government possesses only those powers specifically granted to it by the constitution4 ,the ,states possess all powers except those granted to the ,national ,government1 and those not prohibited to them by the terms of the constitution4 ,when the government of the ,united ,states desires to exercise a power1 it must be proven that it was the intention of the framers of the constitution1 and so expressed in that instrument1 that it should possess such a power4 ,the ,states in the exercise of their powers need only show that they have not resigned that power4 ,if there be any dispute as to the constitutionality of an act of either ,congress or a ,state legislature1 the point is decided in the final instance by the ,supreme ,court of the ,united ,states4 ,in the political history of our country since the adoption of the constitution1 there have been ever present two great constitutional questions1 in the conflicting answers to which we must seek the origin and creeds of our great political parties4 ,if we can gain a proper conception of the character of these two questions1 we shall have taken a long step towards the understanding of the reasons for the conduct of the various opposing parties1 and the basis of the disputes arising between them4 ,these have been the two questions4 ,first1 ,what is the extent of the powers granted by the constitution to the ,national ,government8 ,second1 ,what is the real nature of our ,union2 and1 arising under this problem1 ,what is the extent to which the ,states are justified in opposing what they believe to be unconstitutional acts on the part of the ,national ,government2 and1 ,can a ,state or ,states1 as a last resort1 withdraw from the ,union8 ,the remainder of this chapter will be mainly devoted to a more particular examination of these questions4 ,what are the legitimate powers of the ,united ,states ,government8 ,the ,united ,states government was the result of the union of thirteen independent colonies--a union voluntary on the part of the colonies1 yet forced upon them by the evident need of some central power strong enough to enforce obedience at home and demand respect abroad4 ,the determination of what and how many the national powers should be1 was the work of the ,constitutional ,convention4 ,of the difficulties of this task we have already spoken4 ,in forming a scheme for a central government1 there was the double necessity of creating a government strong enough to perform the duties for which it was established1 and yet not so strong as to endanger the free self-government of the ,states4 ,the delicate point to be adjusted was to give to the ,federal ,government only such powers as were necessary for the establishment of an effective ,national ,government1 and1 as far as possible1 to retain in the ,states their full governmental powers2 in other words1 to harmonize federal strength with ,state sovereignty4 ,the fear exhibited by the ,states in the debates preceding the adoption and ratification of the constitution of #aghg1 that the ,national ,government might become too strong at the expense of their own powers of government1 was not set at rest by the compromises obtained in the convention1 nor by the eleven amendments adopted soon after the inauguration of the new government4 ,the reason for the continuance of this fear is that the constitution is so worded that the powers of the general government are not precisely fixed4 ,the statement sometimes loosely made that a description of our government is contained in the constitution1 is apt to be misleading4 ,the constitution has served rather as a foundation upon which to build the government1 than as an entire framework4 ,as a distinguished writer has termed it1 ,the constitution was meant only as a scheme in outline1 to be filled up afterwards1 and from time to time1 by legislation4 ,a description of our present form of government is far from being contained in the instrument adopted in #aghh4 ,for example1 the constitution makes no mention of how business shall be transacted by the legislature4 ,committee ,government in ,congress owes its existence to no provision of the constitution4 ,the only mention made in the constitution of the ,speaker of the ,house1 to-day the most powerful officer in the legislature1 is where it is provided that ,the ,house of ,representatives shall choose their speaker and other officers4 ,all executive departments--the ,state1 ,war1 ,navy1 ,treasury1 ,post ,office1 ,interior1 ,justice1 ,agriculture1 and ,labor--have been created from time to time by act of ,congress4 ,regarding the structure and number of federal courts1 the constitution merely provides that ,the judicial power of the ,united ,states shall be vested in one ,supreme ,court1 and in such inferior courts as ,congress may from time to time ordain and establish4 ,our elaborate system of district1 circuit1 and territorial courts1 rests solely upon congressional enactments4 ,so1 too1 the constitution gives to ,congress the control of territories1 but does not provide how that control shall be exercised4 ,the framers of our constitution were wise in not attempting to specify more particularly than they did1 the manner in which the several powers granted to the ,federal ,government should be exercised4 ,they realized that they were forming a scheme that was to endure for many years1 and that if it was to be capable of meeting the needs of a changing and rapidly growing country1 it would have to be elastic1 and contain within itself the power of adapting itself to new needs and conditions4 ,to secure the beneficial execution of the powers granted1 ,congress was given the power of selecting appropriate means4 ,to have refused the grant of this power1 would have been to attempt to provide by unchangeable rule for emergencies that could by no possibilities be foreseen4 ,or1 as ,chief ,justice ,marshall has put it1 ,it would have been to deprive the legislature of the capacity to avail itself of experience1 to exercise its reason1 and to accommodate its legislation to circumstances4 ,after enumerating the various particular powers given to the ,federal ,legislature1 the constitution further says 7,art4 ,i1 ,sec4 #h7 and shall have power 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 ,this is the clause under whose authorization all those powers have been assumed1 and functions exercised1 that have made the ,united ,states government of to-day so different from that of #aghi4 ,the general rule is1 as has been said1 that the ,united ,states government possesses only those powers granted to it by the constitution4 ,but here1 in this clause just quoted1 is a general grant of all powers necessary or proper for carrying into effect any of the powers particularly granted4 ,who or what is to decide just what powers are necessary and proper for the accomplishment of this object8 ,naturally people have not been able to agree upon the question of just what powers are constitutional or expedient as implied under this title of necessary and proper and this question has been largely instrumental in dividing the people in opposing political parties4 ,there has always been a party1 the members of which1 favoring great powers for the ,states rather than for the ,federal ,government1 have been strict constructionists1 and have advocated a close and narrow interpretation of this clause of implied powers4 ,from their desire to retain in the ,state governments as many powers as possible1 they have been known as the ,states' ,rights ,party4 ,opposing them has been the party of loose constructionists1 the members of which have held to a free1 liberal interpretation of the constitution1 and have endeavored to increase the power of the ,federal ,government4 ,there have never been political parties styling themselves ,strict ,constructionists and ,loose ,constructionists1 for these are terms that have been used not as titles1 but as definitions of different principles of constitutional interpretation4 ,but by whatever name they may have been known1 there have been1 during the greater part of our history1 these two political parties1 the one holding to the principle of strict construction and ,states' ,rights1 and the other to that of loose construction and federal power4 ,the second fundamental question spoken of in the beginning of this chapter as underlying national politics1 is concerning the nature of our union and the rights of state nullification and secession4 ,a final answer to these questions cannot of course be here attempted1 but that which can be done1 is to state in a few words just what their meaning is1 and the points upon which they have turned4 ,when we come to the consideration of the course of politics in the ,united ,states we shall see the answers that history has given to them4 ,the government of the ,united ,states is the judge of its own powers1 for it is in its own supreme judicial tribunal that the constitutionality of both ,state and ,federal laws is finally determined4 ,more than once has a practical answer been demanded to the question ,what is to be done by a ,state or ,states when1 in their estimation1 the ,national ,government has transcended its powers and legislated in an unconstitutional manner8 ,obedience1 nullification1 or1 in the last resort1 secession from the ,union1 have been the various alternatives that have offered themselves to the ,states4 ,different views of the nature of our ,union have sustained the propriety of the selection of different ones of these alternatives4 ,according to the nullification theory1 the constitution is held to be of the nature of a compact between the ,states as one party and the ,federal ,government as the other2 and that1 as in all contracts1 if the agreements contained therein are broken by the one party1 the other party has the right to refuse its assent thereto4 ,therefore1 if the ,united ,states government attempts the exercise of powers not granted in the compact1 the ,states have the right to interpose the rightful remedy of nullification4 ,that is to say1 that each ,state has the right to determine for itself when an unwarranted power has been assumed by the general government1 and in such a case to declare the obnoxious law null and of no force within her own boundaries4 ,in considering the question of nullification1 it is necessary to distinguish between the theory or rather method of nullification propounded by ,madison and ,jefferson in the ,virginia and ,kentucky ,resolutions1 from that of ,calhoun brought forward at the time of ,south ,carolina's resistance to1 and attempted nullification of1 the ,tariff laws of #ahbh1 and #ahcb4 ,in the ,virginia and ,kentucky ,resolutions the ,alien and ,sedition ,acts were solemnly declared to be unconstitutional1 that the ,union was a compact1 and the ,states had the right to interpose the remedy of nullification2 but open resistance was not proposed4 ,by the ,jeffersonian theory1 it was proposed to obtain the opinion of three-fourths of the ,states that the acts were unconstitutional1 and thus to nullify them after the manner of a constitutional amendment4 ,until such nullification1 the laws were to be obeyed4 ,the ,calhoun doctrine was something entirely different from this4 ,according to his doctrine1 any single ,state might order at once a suspension of the law within her borders1 and not until three-fourths of the ,states in national convention had overruled the nullification could the ,state be forced to obey the obnoxious law4 ,to use ,calhoun's own words1 his theory was1 that it belongs to the ,state1 as a member of the ,union1 in her sovereign capacity in convention1 to determine definitely1 as far as her citizens are concerned1 the extent of the obligation which she has contracted2 and if1 in her opinion1 the act exercising the power in dispute be unconstitutional1 to declare it null and void1 which declaration would be obligatory on her citizens4 ,the sum and substance of this was1 as ,von ,holst has pointed out1#a to give to one-fourth of the ,states the power if they saw fit to deprive the ,federal ,government of every power entrusted to it1 that is1 to alter the constitution at will4 ,footnote #a3 ,constitutional ,history of the ,united ,states1 ,vol4 ,i1 p4 #dgd1 note4 ,the right of secession follows as a logical outcome of the theory of nullification rigidly carried out4 ,federal laws are general in their nature1 and if binding anywhere1 must be binding everywhere4 ,if then1 a minority of ,states insist on their right of nullification1 the federal government will be obliged either to admit that every act of ,congress is without any force in a ,state until it has obtained the tacit approval of the people of that ,state1 or else it will be driven to the necessity of obtaining the enforcement of the law by arms4 ,such employment of force would of course be but the prelude to secession4 ,indeed1 ,south ,carolina1 in her ,ordinance of ,nullification1 declared that she would secede1 if the ,united ,states did not repeal the obnoxious laws1 or if she should attempt to enforce the collections of the tariff duties provided for by the acts in dispute4 ,according to the ,unionist view1 it is held that in no case has the individual ,state the right to resist the operation of a federal law1 much less does it possess the actual power to pass a law affecting its relation to1 or continuance in1 the ,union4 ,this view is supported by an interpretation of the constitution that denies to that instrument the character of a compact between the ,states and the ,national ,government4 ,the constitutional theory of this school is that the ,national ,government was formed by the people as a whole1 and not by the ,states4 ,that the ,states accepted this government1 but were in no sense parties to an agreement between them and the ,nation4 ,according to this view1 the ,union began with the first acts of resistance taken in common by the colonies1 and is thus1 in a sense1 older than the state governments1 which were not formed until after the ,declaration of ,independence4 ,also1 that when the ,states gave in #aghh their consent to the constitution1 their consent was irrevocable4 ,two quotations from decisions rendered by the ,supreme ,court of the ,united ,states will make clear the arguments and theory of the ,unionists4 ,said ,chief ,justice ,marshall3#a ,the convention which promulgated the constitution was indeed elected by the state legislatures1 but the instrument when it came from their hands1 was a mere proposal1 without obligations or pretentious to it4 ,it was reported to the then existing ,congress of the ,united ,states1 with a request that it might 'be submitted to a convention of delegates chosen in each ,state by the people thereof1 under recommendation of its legislature for their assent and ratification4' ,this mode of proceeding was adopted1 and by the conventions1 by ,congress1 and by the state legislatures1 the instrument was submitted to the people4 ,they acted upon it in the only way in which they can act safely1 effectually1 and wisely on such a subject1 by assenting in convention4 ,it is true they assembled in their several ,states1 an where could they have assembled8 ,from these conventions the constitution derives its whole authority4 ,the government proceeds directly from the people4 ,the assent of the ,states in their sovereign capacity is implied in calling the convention1 and thus submitting that instrument to the people4 ,but the people were at perfect liberty to accept or reject it1 and their decision was final4 ,it required not the affirmance of1 and could not be negatived by1 the state governments4 ,the constitution when adopted was of complete obligation1 and bound the state sovereignties4 ,the government of the ,union then1 is emphatically and truly a government of the people4 ,in form and in substance it emanates from them4 ,its powers are granted by them1 and are to be exercised directly on them1 and for their benefit4 ,footnote #a3 ,mc,culloch v4 ,md41 #d ,dall41 #caf4 ,said ,chief ,justice ,chase3#a ,the union of the ,states never was a purely artificial and arbitrary relation4 ,it began among the colonies1 and grew out of common origin1 mutual sympathies1 kindred principles1 and geographical relations4 ,it was confirmed and strengthened by the necessities of war1 and received definite form and character and sanction from the articles of ,confederation4 ,by these the union was solemnly declared to 'be perpetual4' ,and when the articles were found to be inadequate to the exigencies of the country1 the constitution was ordained 'to form a more perfect union4' ,it is difficult to convey the idea of indissoluble unity more clearly than by these words4 ,what can be more indissoluble if a perpetual union made more perfect1 is not8 ,but the perpetuity and indissolubility of the union1 by no means implies the loss of distinct and individual existence1 or of the right of self-government by the ,states4444 ,without the ,states in ,union1 there could be no such political body as the ,united ,states4 ,not only1 therefore1 can there be no loss of separate and independent autonomy to the ,states1 through their union under the constitution1 but it may be not unreasonably said that the preservation of the ,states1 and the maintenance of their governments are as much within the design and care of the constitution1 as the preservation of the ,union and the maintenance of the ,national ,government4 ,the constitution in all its provisions looks to an indestructible ,union composed of indestructible ,states4 ,footnote #a3 ,texas v4 ,white1 #g ,wall41 #gej4 ,a civil war of four years' duration has decided the ,unionist theory of our government to be the one under which the ,nation is to be governed4 ,whether or not1 in point of fact1 the ,nation was older than the ,states1 and the constitution not a compact1 but an indissoluble ,union1 will always remain a question to be discussed4 ,the dispute turns upon a point that does not admit of final determination4 ,we can only theorize4 ,to maintain the view that the ,union is older than the ,states it is necessary to show that the ,continental ,congress was of such a character1 and its powers of such a nature1 that a true national government may be said to have existed before ,july #d1 #aggf1 and therefore1 that the ,declaration of ,independence and the consequent transformation of the colonies into ,states were not the result of the individual action of separate colonies1 but of the whole people united in a nation4 ,and1 following from this1 that the ,states were never out of the union1 but that the individual colonies became ,states1 only as belonging to the ,united ,states4 ,consequently that the theory of a 'compact' between the ,states and the ,united ,states is untenable1 for at the time the ,united ,states was born1 the ,states did not exist4#a ,footnote #a3 ,as ,lincoln expressed it in his message of ,july #d1 #ahfa3 ,the ,states have their status in the ,union1 and they have no other legal status4444 ,the ,union is older than any of the ,states1 and in fact1 it created them as ,states4 ,to maintain the ,compact ,theory it is necessary to show that the ,continental ,congress had no properly delegated national powers1 and to it the character of a national government could not fitly be applied1 and that the colonies when they separated from ,england remained independent of each other1 because as colonies they had been independent4 ,therefore1 that the initial clause of the ,preamble to the ,constitution ,we the people of the ,united ,states referred not to all the people of the ,united ,states in their collective capacity1 but to the people of the several ,states4 ,in fine1 admitting1 as all do1 the ,continental ,congress to have been a revolutionary body1 exercising undelegated powers1 the question is1 ,was it1 or was it not1 a de jure1 as well as de facto national government1 and this is a question that cannot be answered absolutely4 ,these opposing views of the character of our constitution have been stated not with the idea of proving either of them to be the correct one1 but solely to indicate the lines along which political parties have fought their battles4 ,thus1 it is hoped1 the student will be prepared for an intelligent consideration of the various political parties that have existed in the course of his country's history4 ,to complete the statement of the underlying causes and fundamental principles that have directed the course of our national politics1 it is necessary to give at least some short account of the natural causes that have operated irresistibly to divide the ,north and the ,south in their political thoughts and actions4 ,why is it that slavery flourished in the ,south1 but languished and was gradually abolished in the ,north8 ,why is it that the stronghold of the ,states' ,rights doctrine of nullification and of secession was in the ,south1 and the citadel of the ,unionists in the ,north8 ,why is it that to-day the debate between high and low customs duties1 is1 to a very considerable extent1 a discussion between the ,new ,england and ,middle ,states and the ,southern ,states8 ,to all these questions a very satisfactory answer can be found in the different physical characteristics of the ,north and ,south4 ,the nature of the soil and climate1 as well as the character of the settlers1 predetermined for the ,southern colonies an agricultural character1 and for the colonies of the ,north a commercial and industrial character2 and1 already by the end of the eighteenth century we find in them a marked difference of political and social life4 ,from the very start1 the ,south1 favored by a mild climate1 rich soil1 and broad1 low-lying valleys1 developed an agricultural life4 ,slavery was introduced at an early date1 and flourished1 the warm climate being congenial to the negro1 and the rude manual labor of the field suited to his meagre capabilities4 ,the result of these influences was to develop in the ,south a system of large ill-worked manors or estates4 ,the predominance of slave labor1 discouraged the immigration of free labor1 and the ,south remained comparatively thinly settled4 ,the moral effect of slavery upon the white population was bad4 ,habits of thriftlessness and laziness were engendered among the free population1 and their social relations corrupted4 ,in the ,north1 an indented coast with many good harbors1 a rugged soil1 and a wintry climate1 encouraged the development of a commercial and manufacturing life4 ,slave labor here proved itself scarcely profitable1 neither the climate nor the nature of the work required1 being suited to the frames and abilities of the ,african4 ,as compared with the ,south1 the ,north soon became thickly settled1 and largely as a result of this1 adopted the small area of the town or township as its most important unit of local government1 instead of the larger area1 the county1 used in the ,south4 ,this essential difference in the system of local government in the ,north1 from that of the ,south1 has remained unchanged to this day1 and has exercised great influence upon the political habits of the peoples of these two sections4 ,at the time of the adoption of the constitution1 these differences between the northern and southern colonies were not so great as they were soon to become4 ,as contrasted with the ,north1 the agricultural character of the ,south was already marked1 but the designation of these two sections as free and slave states had not yet come into use4 ,it was the remarkable development of the cultivation of cotton consequent upon the invention of ,whitney's cotton gin in #agic1 that gave the tremendous impetus to the increase of slavery in the ,south4 ,while prior to the introduction of this machine1 scarcely a single pound of cotton could be separated from the seed by a man in a day1 ,whitney's gin made it possible to prepare for market three hundred and fifty pounds per day4 ,the nature of the cotton plant rendered it peculiarly fitted to the climate and soil of the ,south1 and the ease with which it could be cultivated and prepared for market1 made the application of slave labor extremely profitable4 ,in #aghi many of the southern states exhibited evidences of a desire and intention to ultimately abolish slavery1 but from this time we hear nothing more of this4 ,after #ahjj the number of slaves increased rapidly4 ,the census of #agij showed in the southern colonies #fej1jjj1 while that of #ahbj showed the number to be over #a1ehj1jjj4 ,from #ahjj to #ahfe the political life of the ,south is largely explainable by the interest of its people in1 and devotion to1 the institution of slavery4 ,the promptness with which1 irrespective of party affiliations1 the people of the ,north assumed the anti-slavery attitude and those of the ,south placed themselves under the pro-slavery banner1 at the time of the ,missouri contest in #ahbj1 shows the extent to which these two sections of the ,united ,states were already divided upon this great question4 ,the ,south1 retarded in its growth by the employment of slave labor1 as compared with the ,north already exhibited an example of arrested development1 and her politicians saw that if the balance of power between the slave-holding and the non-slave-holding ,states was to be maintained1 a wider field for the extension of their favorite institution would have to be provided4 ,it is in the light of this motive that the desire of the ,south for the annexation of ,cuba and of ,texas1 even at the expense of a war with ,mexico1 is to be interpreted4 ,the compromise of #ahbj satisfied the demands of the slavocracy for a time1 but only for a time4 ,in #ahej the ,south again demanded1 and obtained concessions4 ,it required a civil war to demonstrate to us the futility of endeavoring to avert by compromise the conflict that was irrepressible between the ,north and ,south so long as slavery existed in the one1 and was reprobated in the other4 ,the different attitudes assumed at the present day by the ,north and ,south in regard to the ,tariff question1 is explainable by the difference in the industrial life of these two sections4 ,the ,north is essentially a manufacturing centre1 and1 as such1 demands high import duties as a protection to her manufacturers and merchants4 ,the ,south is1 as a whole1 agricultural1 and favors low duties with the idea of thus extending foreign trade1 and affording a larger market for the sale of her raw products4 ,a striking proof of the influence of the industrial life of a section in determining its attitude towards the tariff1 is seen in the change of front of ,massachusetts after #ahbd from free-trade to protection1 this change being wholly due to the predominating influence acquired by her manufactures over her commerce and agriculture4 ,,finis4 ,,notes4 ,for the assistance of those who may desire a fuller acquaintance with the administrative methods of our ,federal and ,state ,governments than is to be obtained from this book1 these bibliographical notes are appended4 ,not only the authorities actually consulted in the preparation of this monograph are given1 but mention is also made of the most reliable and accessible sources of information upon the more important topics germane to the study of ,government and ,administration4 ,in arrangement1 the notes follow the order of topics used in the text4 ,general ,works upon ,united ,states ,government4 ,worthy of first mention is the admirable work of ,james ,bryce1 ,the ,american ,commonwealth1 #b vols41 #ahhh4 ,to the student of ,american institutions and administration these two volumes are indispensable4 ,in them is contained the best and latest scientific exposition of our political institutions as they exist to-day4 ,the only criticism that can be made regarding the work is that the executive departments have not received sufficient attention as regards the details of their administration1 nor the practical and scientific value of the work performed by their numerous bureaus4 ,interesting from an historical point of view is ,de ,tocqueville's ,democracy in ,america1 now fifty years old4 ,lalor's ,encyclopaedia of ,political ,science1 ,political ,economy and ,american ,history is by far the best work for reference4 ,the principal articles in the field of political science are contributed by ,dr4 ,j4,c4 ,bluntschli1 those upon ,united ,states ,history by the late ,prof4 ,alexander ,johnston1 and those upon ,federal ,administration by ,a4,r4 ,spofford1 ,librarian of ,congress4 ,bannatyne's ,hand-book of ,republican ,institutions in the ,united ,states is an authoritative work based upon federal and state laws1 and other authoritative sources of information4 ,it is entirely descriptive and very complete4 ,other general works are ,mulford's ,the ,nation3 the ,foundation of ,civil ,order and ,political ,life in the ,united ,states2 ,laboulaye's ,histoire ,politique des ,etats-,unis1 #c vols42 and ,lamphere's ,the ,united ,states ,government3 ,its ,organization and ,practical ,workings1 this last being chiefly valuable for its statistical and tabulated information4 ,among foreign works that consider the theory and practice of the ,united ,states ,government1 are ,bagehot's ,english ,constitution2 ,sir ,henry ,maine's chapter on the ,constitution of the ,united ,states in his ,popular ,government2 ,e4,a4 ,freeman's article ,presidential ,government contained in his ,historical ,essays 7#ahga72 ,lord ,brougham's chapter on the ,government of the ,united ,states in his ,political ,philosophy1 ,vol4 #c2 and ,e4 ,boutmy's ,etudes de droit ,constitutionel4 ,for current political information ,mc,pherson's ,hand-book of ,politics1 issued every two years since #ahgj1 is valuable4 ,besides statistical information regarding government revenues and expenditures1 public debts1 votes1 population1 names of congressmen1 c42 these hand-books contain ,presidential and ,gubernatorial messages1 transcripts from the ,congressional ,record relating to leading matters discussed in ,congress2 and decisions of the ,supreme ,court that are of general importance4 ,the ,statesman's ,year-,book1 published annually by ,macmillan ,co41 is valuable for reference in matters concerning both foreign and ,american governments4 ,bibliographical references are also given to each existing government4 ,john ,fiske's recent volume on ,civil ,government in the ,united ,states1 stands in merit far above other manuals bearing this name1 most of which are simply running commentaries on the constitution4 ,an excellent feature of ,mr4 ,fiske's book is the addition of bibliographical notes at the ends of the chapters4 ,the following are manuals that may be recommended as of comparative merit3 ,macy1 ,our ,government3 ,how it ,grew1 ,what it ,does1 and ,how it ,does it2 ,cocker's ,civil ,government2 ,thorpe's ,government of the ,people of the ,united ,states2 ,martin's ,civil ,government1 and ,ford's ,american ,citizens' ,manual4 ,the most complete collection of bibliographical references to the ,constitution of the ,united ,states is that prepared by ,w4,e4 ,foster1 and published as ,economic ,tract ,no4 xxix1 by the ,society for ,political ,education1 ,new ,york4 ,government4 ,dr4 ,j4,c4 ,bluntschli's ,lehre vom ,modernen ,stat1 in three volumes1 gives the finest treatment of the various forms and general principles of governments4 ,a portion of ,dr4 ,bluntschli's work has been translated into ,english and published under the title ,the ,theory of the ,state4 ,there is also a ,french translation of this work4 ,other authorities under this head are3 ,bluntschli's ,staatswrterbuch2 ,woolsey's ,political ,science1 or the ,state ,theoretically and ,practically ,considered2 and ,montesquieu's ,de l',esprit des ,lois4 ,interesting from an historical point of view1 are the theories contained in the works of political philosophers in the past4 ,see ,plato's ,republic2 ,aristotle's ,politics1 ,cicero's ,de ,republica2 ,thomas ,aquinas' ,of the ,government of ,principles2 ,dante's ,de ,monarchia2 ,machiavelli's ,prince2 ,jean ,bodin's ,of the ,commonwealth2 ,hobbes' ,leviathan2 ,filmer's ,patriarcha2 ,hooker's ,ecclesiastical ,polity2 ,locke's ,civil ,government2 ,j4,j4 ,rousseau's ,social ,contract2 ,bentham's ,fragment on ,government2 ,j4,s4 ,mills' ,representative ,government4 ,pollock's ,history of the ,science of ,politics1 published in the ,humboldt ,library1 contains an admirable summary of the views of these political philosophers4 ,the works of several of these authors 7,hobbes1 ,hooker1 ,locke1 ,filmer1 ,machiavelli7 are contained in ,morley's ,universal ,library1 published by ,routledge at one shilling per volume4 ,for theories regarding the origin and development of government1 see ,maine's ,ancient ,law1 ,early ,history of ,institutions1 and ,early ,law and ,custom2 ,spencer's ,principles of ,sociology1 ,vol4 ,i2 ,morgan's ,ancient ,society2 ,mc,lennan's ,studies in ,ancient ,history1 and ,the ,patriarchal ,theory2 and ,bagehot's ,physics and ,politics1 published in the ,humbolt ,library4 ,the contract theory of government is presented in various forms in the works of ,hobbes1 ,hooker1 ,locke and ,rousseau4 ,functions of ,government4 ,the proper limits of state action are discussed in ,mill's ,essay on ,liberty2 ,huxley's ,administrative ,nihilism 7,humboldt ,lib472 ,spencer's ,social ,statics1 ,man versus the ,state1 ,the ,coming ,slavery1 and ,the ,sins of ,legislators 7,humboldt ,lib472 ,stephen's ,liberty1 ,equality1 ,fraternity2 ,humboldt's ,sphere and ,duties of ,government2 and ,h4,c4 ,adams' ,state in ,relation to ,industrial ,action1 published by the ,american ,economic ,association4 ,wilson's ,the ,state contains a valuable chapter upon the functions of government4 ,for a description of existing forms of government1 ,prof4 ,woodrow ,wilson's ,the ,state is very valuable4 ,see also ,statesmen's ,year ,books4 ,colonial ,governments4 ,volumes ,,iii1 ,,iv1 and ,v of ,winsor's ,narrative and ,critical ,history of ,america1 #h vols41 contain excellent monographs upon the founding1 history and nature of government of the various colonies4 ,doyle's two volumes1 entitled ,the ,english ,colonies in ,america1 present an exhaustive study of the ,american colonies from an ,european point of view4 ,a handy digest of this work is contained in his small ,history of the ,united ,states1 published as one of the volumes in ,freeman's ,historical ,course for ,schools4 ,lodge's ,short ,history of the ,english ,colonies in ,america is chiefly devoted to colonial social life4 ,in the preparation of the chapter upon ,colonial ,governments1 we have obtained the most assistance from the first volume of ,story's ,commentaries upon the ,constitution4 ,pages #ae to #ej of ,hannis ,taylor's ,origin and ,growth of the ,english ,constitution are important4 ,fiske's ,beginnings of ,new ,england is an extremely interesting description of the early history of a single section4 ,steps ,toward ,union and ,independence4 ,see especially ,story's ,commentaries2 ,frothingham's ,rise of the ,republic of the ,united ,states2 ,scott's ,development of ,constitutional ,liberty in the ,english ,colonies in ,america2 ,fiske's ,critical ,period of ,american ,history2 and ,a4,b4 ,hart's ,formation of the ,union1 #agfc-ahbi1 to appear in the series1 ,epochs of ,american ,history4 ,for the ,albany plan of union see ,franklin's ,life and ,letters1 ,vol4 #d4 ,for an account of the causes leading to revolution written from an essentially ,english standpoint1 see ,lecky's ,history of ,england in the ,eighteenth ,century1 ,vol4 ,,iv4 ,articles of ,confederation4 ,best upon this subject are3 ,curtis' ,history of the ,constitution2 ,marshall's ,life of ,washington2 ,bancroft's ,history of the ,united ,states2 and ,winsor's ,narrative and ,critical ,history of ,america1 ,vol4 ,,vii1 article ,the ,confederation by the ,editor4 ,see also ,secret ,journals of ,congress1 and authorities cited above4 ,constitutional ,convention and the ,adoption of the ,constitution4 ,see authorities cited above1 and ,j4,a4 ,jameson's ,treatise on ,constitutional ,conventions4 ,the official sources of information are3 the meagre ,journal1 ,acts1 and ,proceedings of the ,convention2 and ,elliot's ,debates in the ,several ,state ,conventions on the ,adoption of the ,federal ,constitution1 99 99 99 99 together with the ,journal of the ,federal ,convention1 the last volume of which contains ,madison's notes of ,debates in the ,federal ,convention1 frequently called ,the ,madison ,papers4 ,the ,constitution4 ,the number of valuable works concerned more or less directly with a study of the ,constitution is very great4 ,only a very few can be mentioned4 ,a very complete list of references to the ,constitution1 is that by ,w4,e4 ,foster1 already referred to4 ,the leading works upon ,constitutional ,law are ,cooley's ,general ,principles of ,constitutional ,law1 and ,constitutional ,limitations2 ,von ,holst's1 ,hare's and ,pomeroy's treatises on ,constitutional ,law4 ,story's ,commentaries on the ,constitution are invaluable4 ,the character and value of ,the ,federalist have been noticed in the text 7p4 #be74 ,on ,constitutional ,amendments1 see ,johnston's article on ,amendments in ,lalor's ,encyclopaedia4 ,concerning ,constitutional developments1 due to judicial construction1 see ,willoughby's ,supreme ,court of the ,united ,states3 its ,history and ,influence in our ,constitutional ,system1 published in the ,johns ,hopkins ,studies1 ,extra ,vol4 ,,vii2 and ,the ,constitutional ,history of the ,united ,states as ,seen in the ,development of ,american ,law1 by ,judge ,cooley and others1 edited by ,h4,w4 ,rogers4 ,the ,unwritten ,constitution of the ,united ,states1 is the title of a very recent book by ,c4,g4 ,tiedeman4 ,for constitutional development due to war experiences1 see ,dunning's ,united ,states in ,civil ,war and in ,reconstruction4 ,w4,e4 ,foster has in press a pamphlet of references on ,the ,united ,states ,constitution in ,civil ,war4 ,on ,federal ,government1 see ,jellinek's ,die ,lehre von den ,staatenverbindungen2 and ,hart's ,introduction to the ,study of ,federal ,government1 ,harvard ,historical ,monographs1 ,no4 #b4 ,besides giving an outline of the political history of the successive federations in the world's history1 with an account of the literature upon each1 ,mr4 ,hart's monograph contains a very excellent bibliographical note on ,federal ,government in general1 and the ,united ,states ,constitution in particular4 ,the laws of the ,united ,states are known as ,united ,states ,statutes at ,large4 ,in #ahgh was published a large volume containing all ,federal laws in force in #ahgd4 ,in #ahha was published a ,supplement 7known as ,richardson's ,supplement7 containing congressional legislation during the years #ahgd--ahha4 ,congressional ,government4 ,the official reports of the debates of ,congress have been published under the following titles3 ,annals of ,congress 7#aghi--ahbc71 ,congressional ,debates 7#ahbd-ahcg71 ,congressional ,globe 7#ahcc-ahgc71 ,congressional ,record 7#ahgc to the present time74 ,benton's ,abridgment of ,debates in #af volumes covers the period #aghi to #ahej4 ,mc,pherson's ,handbook of ,politics1 already cited1 contains accounts of the more important debates in ,congress4 ,printed copies of bills and reports of committees can be obtained upon application4 ,for the best descriptions of the practical working of ,congress1 see ,bryce's ,american ,commonwealth1 and ,woodrow ,wilson's ,congressional ,government4 ,in both of these works our committee method of congressional legislation is compared with the ,english method of ,parliamentary legislation under the leadership of a responsible ministry4 ,the conclusions obtained from this comparison by the latter author1 are especially unfavorable to the ,united ,states4 ,other references to works comparing ,english and ,american methods of legislation1 are ,snow's ,defence of ,congressional ,government1 published in the papers of the ,american ,historical ,association1 ,vol4 ,,iv2 ,a4,l4 ,lowell's ,essays on ,government2 ,bagehot's ,english ,constitution2 ,bourinot's article1 ,canada and the ,united ,states1 ,scottish ,review1 ,july1 #ahij1 and ,annals of the ,american ,academy of ,social ,science1 ,no4 ,i2 and an article by ,hon4 ,joseph ,chamberlain1 ,shall ,we ,americanize ,our ,institutions8 ,nineteenth ,century1 ,december1 #ahij4 ,the ,congressional ,directory1 published annually1 contains much handy information regarding the constitution and officers of ,congress1 and of the various federal departments at ,washington4 ,for an account of the work done during the last session 7#ahhi-ij71 see ,north ,american ,review1 ,november1 #ahij4 ,regarding the recent controversy on the power of the ,speaker of the ,house of ,representatives to count as present members in the hall1 but not answering to the roll-call1 see the ,north ,american ,review for ,october1 #ahhi2 the ,nos4 for ,march1 ,may1 ,july1 ,august and ,october1 #ahij1 also contain interesting articles on the same subject4 ,executive ,departments4 ,of especial and authoritative value is the report of a select committee of the ,senate to ,enquire into and ,examine the ,methods of ,business and ,work in the ,executive ,departments1 in #c vols41 known as ,cockrell's ,report1 or ,senate ,report #ejg1 #ejth ,cong41 #ast ,sess41 and also a supplementary report in one volume1 dated ,march #bh1 #ahhi4 ,for other official sources of information1 see the annual reports of the various departments1 and of the individual bureaus4 ,see also special reports mentioned in the text4 ,on diplomatic relations1 see the annual report of the ,secretary of ,state ,on ,foreign ,relations1 and ,treaties and ,conventions between the ,united ,states and ,other ,powers 7#aggf-ahhg71 published by the same department4 ,the ,consular ,reports1 issued from time to time by the ,state ,department1 are of value as furnishing economic information regarding foreign countries4 ,the reports of the ,secretary of the ,treasury are of extreme statistical and financial value4 ,for handy use the ,statistical ,abstract is issued annually by the ,treasury ,department4 ,the reports published by the ,department of ,state1 of the ,international ,conferences of #ahgh1 and of #ahha1 and that of ,edward ,atkinson on ,the ,present ,status of ,bimetalism in ,europe 7#ahhg71 are of especial value upon monetary topics4 ,in #ahhf the ,treasury ,department issued a volume of ,laws ,relating to ,loans1 and the ,currency1 ,coinage and ,banking4 ,besides his annual report the ,director of the ,mint publishes annually a report on the ,production of ,gold and ,silver in the ,united ,states4 ,for an account of the ,sub-,treasury system1 see ,bolle's ,financial ,history of the ,united ,states4 ,concerning the evils of this system1 see an article by ,prof4 ,j4,l4 ,laughlin in the ,north ,american ,review1 ,vol4 #acg1 p4 #eeb4 ,regarding the ,silver ,question and other important public questions coming within the province of the ,treasury ,department1 information can be derived from recent periodicals4 ,poole's ,index to ,periodical ,literature should also be consulted4 ,an interesting account of the ,pension ,office is contained in the ,atlantic ,monthly1 ,january1 #ahij4 ,regarding the ,interstate ,commerce ,commission1 see the book by ,don ,passes in ,putnam's ,questions of the ,day series4 ,see also ,political ,science ,quarterly1 ,vol4 ,,ii1 pp4 #bbc and #cfi4 ,the ,eleventh ,census is now being compiled1 and ,bulletins are issued from time to time by the superintendent4 ,postmaster-,general ,wanamaker has recently issued a pamphlet in support of a ,limited ,post and ,telegraph4 ,concerning the constitutional powers possessed by executive officers1 see ,a4 ,conkling's ,powers of the ,executive ,departments2 de ,chambrun's ,the ,executive ,power1 and chapter ,,vii of ,willoughby's ,supreme ,court of the ,united ,states4 ,the ,official ,register of the ,united ,states1 issued annually in two large volumes1 contains the names and positions of all persons in federal employment4 ,the second volume is devoted exclusively to the ,postal ,service4 ,very many of the government reports mentioned in this note will be sent to any address upon application4 ,a descriptive catalogue of all government publications arranged in chronological order1 from #aggd to #ahha1 was prepared by ,b4,p4 ,poore and published by the government4 ,federal ,judiciary4 ,among the treatises upon the practical working of the ,federal ,judiciary are3 ,b4,r4 ,curtis' ,federal ,courts2 ,bryce's ,american ,commonwealth2 and ,willoughby's ,supreme ,court of the ,united ,states1 already referred to4 ,for an excellent description of the relations between the ,federal and ,state courts1 see ,chamberlain's lecture published in ,the ,constitutional ,history of the ,united ,states as seen in the ,development of its ,law4 ,the reports of decisions of cases tried in the ,supreme ,court are contained in one hundred and thirty-three volumes4 ,until #ahge1 these volumes were known by the names of the reporters1 viz43 ,dallas1 ,cranch1 ,wheaton1 ,peters1 ,howard1 ,black1 and ,wallace4 ,since #ahge they have been designated simply as ,united ,states ,reports4 ,ordinance of #aghg4 ,for text and comments see ,old ,south ,leaflet ,no #ac 7,heath ,co41 price five cents74 ,for ,the ,united ,states ,constitution and the ,ordinance of #aghg in ,relation to ,education1 see ,magazine of ,american ,history1 ,september1 #ahhh4 ,see also ,papers of the ,american ,historical ,association1 ,vol4 ,,iii2 pamphlets by ,dr4 ,poole and ,f4,d4 ,stone1 and ,sato's ,history of the ,land ,question in the ,united ,states1 ,johns ,hopkins ,university ,studies1 ,series ,,iv4 ,territories4 ,the reports of the ,governors of the various territories to the ,secretary of the ,interior furnish an official source of information4 ,regarding the government of1 and conditions of admission of territories as ,states1 see especially ,bannatyne's ,republican ,institutions in the ,united ,states4 ,state ,governments4 ,for the text of ,state constitutions see ,b4,p4 ,poore's ,federal and ,state ,constitutions1 ,colonial ,charters1 and ,other ,organic ,lows of the ,united ,states1 in two vols4 7#ahgg71 published by the government4 ,for further information regarding ,state constitutions consult ,davis' ,american ,constitutions1 in the ,johns ,hopkins ,university ,studies1 ,series ,,iii2 ,jameson's ,introduction to the ,constitutional and ,political ,history of the ,states1 ,johns ,hopkins ,university ,studies1 ,series ,,iv2 and ,hitchcock's ,american ,state ,constitutions 7,putnam's ,questions of the ,day series74 ,see also of course ,bryce's ,american ,commonwealth4 ,for ,recent ,tendencies in ,state ,activities1 see paper by ,w4,f4 ,willoughby1 to be published in the ,papers of the ,american ,historical ,association1 ,vol4 ,v41 and articles by ,dr4 ,albert ,shaw1 entitled ,american ,state ,legislatures1 in ,contemporary ,review1 ,october1 #ahhi1 and ,the ,american ,state and the ,american ,man1 in the same review for ,may1 #ahhg4 ,the ,forum for ,november1 #ahij1 contains an interesting description of the ,six ,new ,states1 by ,senator ,cullom4 ,for histories of the individual ,states1 see the series of ,american ,commonwealths1 edited by ,h4,e4 ,scudder1 and published by ,houghton1 ,mifflin ,co4 ,those for ,connecticut1 ,indiana1 ,michigan1 ,missouri1 ,kansas1 ,california1 ,maryland1 ,kentucky1 ,new ,york1 ,ohio1 ,colorado1 ,oregon1 and ,virginia1 have already appeared4 ,local ,government4 ,among authorities on ,local ,government are various monographs upon this subject in the several ,states1 contributed to the ,johns ,hopkins ,university ,studies in ,historical and ,political ,science4 ,see also ,bryce and ,bannatyne4 ,city ,government4 ,see ,j4,h4,u4 ,studies1 ,vol4 ,,iv1 ,nos4 #d1 #aj2 ,vol4 ,v1 ,nos4 #a1 #b1 #c1 #d2 ,vol4 ,,vii1 ,nos4 #a1 #c1 #d4 ,also supplementary volume1 ,philadelphia1 #afha-ahhg3 a ,history of ,municipal ,development1 by ,allinson and ,penrose4 ,simon ,sterne has an able article on ,cities in ,lalor's ,encyclopaedia4 ,see also chapters in ,bryce's great work1 and articles in the ,political ,science ,quarterly for ,june1 #ahhg1 and ,june1 #ahhi2 ,forum1 ,vol4 ,,ii1 pp4 #bfj1 #eci2 and ,quarterly ,journal of ,economics1 ,january1 #ahij4 ,the report of the ,new ,york ,commission on ,a ,plan for a ,new ,government of ,new ,york1 #ahgf1 is valuable1 as are also several of ex-,mayor ,hewitt's messages4 ,prof4 ,gniest has a suggestive article on ,berlin1 the best governed city in the world1 in the ,contemporary ,review1 ,vol4 #df4 ,shaw's article on ,glasgow in the ,century1 ,march1 #ahij1 is likewise instructive4 ,spofford's ,city of ,washington and ,growth of ,united ,states ,cities is interesting4 ,ely's ,taxation in ,american ,states and ,cities contains many excellent suggestions for improvements in our methods of municipal administration4 ,see also ,ely's ,problems of ,to-day4 ,putnam is publishing a series entitled ,great ,cities of the ,republic4 ,the ,stories of ,new ,york1 ,boston and ,washington have thus far appeared4 ,government ,revenue and ,expenditure4 ,federal and ,state finance reports furnish official information4 ,seligman's ,finances of ,american ,states and ,cities1 published by the ,american ,statistical ,association1 #ahij1 is valuable1 and furnishes excellent statistical and tabulated information4 ,ely's ,taxation in ,american ,states and ,cities contains much information4 ,spofford's article on ,the ,budget in ,lalor's ,encyclopaedia is extremely instructive4 ,h4,c4 ,adams' ,public ,debts is one of the ablest financial works in the ,english language4 ,the proper administration of ,federal and ,state finances is discussed1 and the subject of national and local debts considered4 ,bolle's ,financial ,history of the ,united ,states1 in three large volumes1 is an able work1 and can be consulted with profit4 ,census ,bulletins1 ,nos4 #f and #g1 describe respectively ,the ,indebtedness of ,states in #ahhj and #ahij1 and ,the ,financial ,condition of ,counties4 ,money4 ,see reports of the ,director of the ,mint1 and of the ,comptroller of the ,currency4 ,see also ,knox's ,united ,states ,notes2 ,simmer's ,history of ,american ,currency1 and text-books on ,political ,economy4 ,public ,lands of the ,united ,states4 ,sato's ,history of the ,land ,question in the ,united ,states1 ,johns ,hopkins ,university ,studies1 ,series ,,iv1 is the best book for reference4 ,the official source of information regarding the public lands is ,donaldson's enormous report of #acda pages on ,the ,public ,domain3 its ,history with ,statistics 7#ahhd71 published by the government 7,house ,executive ,documents #dg1 ,part #d1 #dfth ,congress1 #c;d ,session47 ,for a short account of ,the ,disposition of ,our ,public ,lands1 see an article by ,a4,b4 ,hart1 in the ,quarterly ,journal of ,economics1 ,january1 #ahhg4 ,statistical tables are appended to this article4 ,reconstruction4 ,see ,johnston's article in ,lalor's ,encyclopaedia1 and authorities there cited4 ,also ,mc,pherson's ,history of ,reconstruction1 ,dunning's ,united ,stales ,constitution in ,civil ,war and in ,reconstruction1 and ,w4,e4 ,foster's ,references on the ,united ,states ,constitution in ,civil ,war1 about to be published 7#ahia74 ,party ,machinery and ,national ,conventions4 ,see especially ,bryce's ,american ,commonwealth1 and ,ostrogorski's ,organisation des parties politiques aux ,etats-,unis4 ,on the ,caucus see ,whitridge's ,the ,caucus ,system1 published as ,economic ,tract ,no4 #h1 by the ,society for ,political ,education1 ,new ,york4 ,political ,parties4 ,winsor's ,narrative and ,critical ,history of ,america contains a short history of political parties by ,professor ,alexander ,johnston4 ,see also ,johnston's admirable manual1 ,history of ,american ,politics1 a book especially adapted for school use4 ,von ,holst's ,constitutional and ,political ,history of the ,united ,states1 six volumes1 contains the most comprehensive treatment of the history of political parties4 ,schouler's ,history of the ,united ,states under the ,constitution1 is an exceedingly able and interesting work4 ,four volumes bring this history down to #ahdg4 ,the fifth volume soon to appear1 will bring the narrative down to the ,civil ,war4 ,the first volume of ,von ,holst is especially interesting1 as giving statements of the various theories held regarding the origin and nature of our constitution4 ,upon ,nullification and ,secession1 see ,von ,holst's ,life of ,calhoun2 ,stephens' ,war between the ,states2 ,greeley's ,american ,conflict2 ,mc,pherson's ,political ,history of the ,rebellion2 and articles in ,lalor's ,encyclopaedia4 ,the ,american ,statesman ,series1 now being published by ,houghton1 ,mifflin ,co41 contains valuable biographies of leading ,american statesmen4 ,see especially in this series ,schurz's ,henry ,clay2 ,morse's ,jefferson2 ,lodge's ,webster2 and ,von ,holst's ,calhoun4 ,upon the ,economic contrasts between the ,north and ,south1 see ,von ,holst's ,constitutional ,history1 ,vol4 ,i1 ,chapters ,,ix and ,x4 ,taussig's ,history of the ,tariff1 gives the best history of this much debated subject4