(5) "No soldier shall, in time of peace, be quartered in any house
without the consent of the owner, nor in time of war but in a manner to
be prescribed by law."
(6) "The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated; and no warrants shall issue but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched and the persons or things to be seized."
(7) _a_. "No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia
when in actual service, in time of war or public danger;
_b_. "Nor shall any person be subject for the same offense to be twice
put in jeopardy of life or limb, nor shall be compelled, in any
criminal case, to be a witness against himself;
_c_. "Nor be deprived of life, liberty, or property without due process
of law;
_d_. "Nor shall private property be taken for public use without just
compensation."
The first part of this clause secures a civil trial to every private
citizen. The land and naval forces, and the militia when in actual
service, are under military law, usually called martial law.
(8) "In all criminal prosecutions the accused shall enjoy the right
_a_. "To a speedy and public trial by an impartial jury of the State
and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law;
_b_. "To be informed of the nature and cause of the accusation;
_c_. "To be confronted with the witnesses against him;
_d_. "To have compulsory process for obtaining witnesses in his favor;
_e_. "And to have the assistance of counsel for his defense."
(9) "In suits at law where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury shall be otherwise re-examined in any court of the
United States than according to the rules of the common law."
(10) "Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted."
(11) "Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall exist
within the United States or any place subject to their jurisdiction."
(12) "The right of citizens of the United States to vote shall not be
denied or abridged by the United States, or by any State, on account of
race, color, or previous condition of servitude."
(13) "The enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the people."
ALIENS.
Aliens are subjects of foreign governments. They are not citizens of
this country, and, in general, have no right to take part in its
political affairs. Throughout the Union aliens have full social and
moral rights; in some States their property rights are restricted; and
in a few States they have certain political rights.
NATURE OF THE CONSTITUTION.
The Constitution of the United States is the supreme law of the whole
land. It is a written instrument, and is often called the fundamental
law.
Neither the laws of any State nor the laws of the United States must
conflict with the Constitution. It is the basis of our system of
government, the model upon which all State constitutions are framed,
and the foundation of our greatness as a people. It defines the limits
of the national government, and enumerates the powers of each of its
departments. It declares what public interests are within the scope of
the national government, reserves certain powers to the States, and
provides that neither State nor nation shall enact certain specified
laws.
FORMATION.--The national Constitution was framed by a convention of
delegates from twelve of the thirteen original States, Rhode Island
alone being unrepresented. The convention was called for the purpose
of revising the Articles of Confederation under which the States were
at the time united.
The convention met at Philadelphia, on Monday, May 14, 1787, and
organized on the 25th day of the same month by electing as its
president George Washington, one of the delegates from Virginia. The
Articles of Confederation were readily seen to be inadequate to the
purposes of a national government, and the convention proceeded to
draught a "Constitution for the United States of America."
The convention completed its labors, submitted the Constitution to the
several States for their ratification, and adjourned on the 17th of
September, 1787. All the States ratified the Constitution, the last
being Rhode Island, whose convention, called for the purpose, passed
the ordinance of ratification, May 29, 1790.
NECESSITY.--The necessity for a written national constitution is
readily seen. The preamble states the purposes of the Constitution,
which are also the purposes of the national government. The
Constitution defines the limits of State and of national power, and
thus prevents conflicts of authority which would otherwise arise
between the State and the United States. Through the Constitution, the
people, who are the sources of all just authority, grant to the
government certain powers, and reserve all other powers to themselves.
The Constitution prescribes the functions of each department of the
government, and thus preserves the liberties of the people by
preventing either Congress, the executive department, or the judiciary
from exercising powers not granted to it.
AMENDMENT.--The Constitution prescribes two methods by which it may be
amended:
1. By a two thirds vote of both houses Congress may propose to the
several States amendments to the Constitution.
2. Upon the application of two thirds of the States, Congress shall
call a convention of delegates from the several States for proposing
amendments.
An amendment proposed by either method, "when ratified by the
legislatures of three fourths of the States, or by conventions in three
fourths thereof, shall be valid to all intents and purposes as a part
of this Constitution."
Twenty-one amendments have been proposed by Congress, and seventeen of
these have been ratified by three fourths of the State legislatures,
and have become parts of the Constitution. The other four proposed
amendments were rejected. Congress has never called a convention to
propose amendments, and no State has ever called a convention to
consider those amendments proposed by Congress.
DEPARTMENTS.--The functions of each branch of government are carefully
marked in the Constitution, and the people and their representatives
jealously guard the rights of each department. They believe that the
duties of the law-making power, those of the law-enforcing power, and
those of the law-explaining power can not be too clearly separated. If
the same officers could make the law, enforce the law, and explain the
law, there would be no limit to their authority, and therefore no
security to the people.
The framers of the Constitution were wise men; they had seen the abuse
of power by Great Britain while the colonies were under her sway, and
they determined to guard the liberties of the people by forever
separating the legislative, the executive, and the judicial functions.
Their example has been followed in the constitutions of all the States.
The President has no right to interfere with the decisions of the
courts, and, except by his veto, can not interfere with the action of
Congress.
Congress can not question the decisions of courts, nor can it interfere
with the legal actions of the President, except that the Senate may
refuse to confirm his appointments to office.
Even the Supreme Court of the United States can not call in question
the official acts of the President, so long as he conforms to the law;
nor has it any power over the acts of Congress, except merely to decide
upon the constitutionality of the laws when they are properly brought
before it.
While, therefore, Congress and the President have some remote influence
upon the actions of each other, neither has the slightest right to
invade the functions of the Supreme Court, or of any other court, even
the humblest in the land.
SUGGESTIVE QUESTIONS.
1. Why do foreigners become naturalized?
2. What is a title of nobility?
3. What officer of a State makes requisition for the delivery of a
criminal held by another State?
4. When was slavery abolished in the United States?
5. What is the purpose of a militia force?
6. What is a capital crime?
7. Why is the accused entitled to a speedy and public trial?
8. Why is the Constitution called the fundamental law?
9. Read in the history of the United States the account of the
formation of the Constitution.
10. How many States were needed to ratify the Constitution in order
that it might go into effect?
11. Read the amendments to the Constitution.
12. Can you name any proposed amendments that have been recently
advocated?
QUESTION FOR DEBATE.
_Resolved_, That a written constitution is best for a free country.
CHAPTER XII.
THE UNITED STATES--(Continued).
LEGISLATIVE DEPARTMENT.
CONGRESS.--The legislative authority of the national government is
vested in the Congress of the United States, consisting of a senate and
a house of representatives. The senators represent the States, and the
representatives represent the people. Congress holds annual sessions
at the city of Washington, the seat of the national government. A
measure must pass both houses, and be approved by the President, in
order to become a law; or if vetoed, it fails, unless it again passes
both houses by a two thirds vote.
Senators and representatives receive an annual salary of seven thousand
five hundred dollars each; and are allowed mileage, or traveling
expenses, of twenty cents for each mile in going to and returning from
the session of Congress.
PRIVILEGES OF THE HOUSES.--There are certain constitutional privileges
guaranteed to Congress in order that its action in legislation may be
free from undue influence from other departments of the government.
"The times, places, and manner of holding elections for senators and
representatives shall be prescribed in each State by the legislature
thereof; but the Congress may, at any time, by law, make or alter such
regulations, except as to the places of choosing senators.
"Each house shall be the judge of the elections, returns, and
qualifications of its own members;" that is, each House declares who
are entitled to membership therein.
"Each house may determine the rules of its proceedings, punish its
members for disorderly conduct, and with the concurrence of two thirds
expel a member."
Each house keeps and publishes a journal of its proceedings, "excepting
such parts as may, in their judgment, require secrecy; and the yeas and
nays of the members of either house, on any question, shall, at the
desire of one fifth of those present, be entered on the journal."
"Neither house, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting."
PRIVILEGES AND DISABILITIES OF MEMBERS.--The Constitution of the United
States sets forth the following privileges and disabilities relating to
membership in both the Senate and the House of Representatives:
(1) "The senators and representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the treasury
of the United States.
"They shall in all cases except treason, felony, and breach of the
peace be privileged from arrest during their attendance at the session
of their respective houses, and in going to and returning from the
same; and for any speech or debate in either house they shall not be
questioned in any other place."
(2) "No senator or representative shall, during the time for which he
was elected, be appointed to any civil office under the authority of
the United States which shall have been created, or the emoluments
whereof shall have been increased, during such time; and no person
holding any office under the United States shall be a member of either
house during his continuance of office."
The purpose of the first part of this clause is to prevent members of
Congress from voting to create offices, or to affix high salaries to
offices, with the hope of being appointed to fill them.
(3) "The senators and representatives before mentioned, and the members
of the several State legislatures, and all executive and judicial
officers both of the United States and of the several States, shall be
bound by oath or affirmation to support this Constitution; but no
religious test shall ever be required as a qualification to any office
or public trust under the United States."
(4) "No person shall be a senator or representative in Congress, or
elector of President and Vice President, or hold any office, civil or
military, under the United States, or under any State, who, having
previously taken an oath as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid and comfort to the enemies thereof. But
Congress may, by a vote of two thirds of each House, remove such
disability."
The purpose of the clause was to exclude from office all those who had
sworn, as officers of the State or the nation, to support the
Constitution of the United States, and who afterward engaged in war
against the Union. An act of Congress enabling them to hold office was
called a removal of their disabilities. This clause of the
Constitution is practically void as regards all past offenses, as the
disabilities of nearly all to whom it applied have been removed by
Congress.
POWERS OF CONGRESS.--Congress has power:
(1) To _levy and collect taxes_, duties on imported goods, and revenues
from articles of manufacture, "to pay the debts and provide for the
common defense and general welfare of the United States."
(2) "To _borrow money_ on the credit of the United States."
The usual method of borrowing money is to issue government bonds, which
are promises to pay the sums specified in them at a given time, with
interest at a given rate. The bonds are sold, usually at their face
value, and the proceeds applied to public purposes. United States
bonds can not be taxed by a State.
(3) "To _regulate commerce_ with foreign nations, and among the several
States, and with the Indian tribes."
(4) "To establish a uniform rule of _naturalisation_, and uniform laws
on the subject of bankruptcies, throughout the United States."
(5) "To _coin money_; regulate the value thereof, and of foreign coin;
and fix the standard of weights and measures."
(6) "To provide for the _punishment of counterfeiting_ the securities
and current coin of the United States."
(7) "To establish _post-offices_ and post-roads."
(8) "To promote the progress of _science and useful arts_, by securing
for limited times, to authors and inventors, the exclusive right to
their respective writings and discoveries;"
That is, to grant _copyrights_ to authors, and to issue _patents_ to
inventors.
(9) "To constitute _tribunals_ inferior to the supreme court."
(10) "To define and punish _piracies and felonies_ committed on the
high seas, and offenses against the law of nations."
_Piracy_ is robbery committed at sea.
(11) "To _declare war_; grant letters of marque and reprisal, and make
rules concerning captures on land and water."
_Letters of marque_ are commissions issued to private parties,
authorizing them to cross the frontiers of another nation, and to seize
the persons and property of its subjects.
_Reprisal_ is the forcible taking of the property or persons of the
subjects of another nation, in return for injuries done to the
government granting the letters. Vessels carrying letters of marque
and reprisal are called _privateers_.
(12) "To raise and support _armies_."
(13) "To provide and maintain a _navy_."
(14) "To make rules for the government and regulation of the land and
naval forces."
(15) "To provide for calling forth the _militia_ to execute the laws of
the Union, suppress insurrection and repel invasions."
(16) "To provide for organizing, arming, and disciplining the militia,
and for governing such part of them as may be employed in the service
of the United States."
(17) "To exercise exclusive legislation" over the _District of
Columbia_, "and to exercise like authority over all places purchased by
the consent of the legislature of the State in which the same shall be,
for the erection of forts, magazines, arsenals, dockyards, and other
needful buildings."
(18) "To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers and all other powers vested by this
Constitution in the government of the United States, or in any
department or officer thereof."
(19) "Congress may determine the time of choosing the _electors_" for
President and Vice President of the United States, "and the day on
which they shall give their votes, which day shall be the same
throughout the United States."
(20) "Congress may, by law, provide for the case of removal, death,
resignation, or inability of both the President and Vice President,
declaring what officer shall then act as President."
(21) "The Congress may, by law, vest the appointment of such _inferior
officers_ as they think proper, in the President alone, in the courts
of law, or in the heads of departments."
(22) "The Congress shall have power to declare the punishment of
_treason_."
(23) "Full _faith and credit_ shall be given in each State, to the
public acts, records, and judicial proceedings of every other State.
And the Congress may, by general laws, prescribe the manner in which
such acts, records, and proceedings shall be proved, and the effect
thereof."
(24) "_New States_ may be admitted by the Congress into this Union, but
no new State shall be formed or erected within the jurisdiction of any
other State, nor any State be formed by the junction of two or more
States, or parts of States, without the consent of the legislatures of
the States concerned, as well as of the Congress."
(25) "The Congress shall have power to dispose of, and to make all
needful rules and regulations respecting the _territory_ or other
property belonging to the United States; and nothing in this
Constitution shall be so construed as to prejudice any claims of the
United States or of any particular State."
(26) Congress has "power to enforce, by appropriate legislation," all
provisions of the Constitution.
Under the authority "to provide for the general welfare of the United
States," Congress exercises powers which are implied--that is,
understood--but which are not expressly named in the Constitution. The
grants of public lands to railway and canal companies, the annual
appropriations for the improvement of rivers and harbors, and numerous
similar laws are based upon implied powers.
FORBIDDEN POWERS.--The following powers are expressly denied to the
national government:
(1) "The privilege of the writ of _habeas corpus_ shall not be
suspended unless when, in cases of rebellion or invasion, the public
safety may require it."
_Habeas corpus_ means "Thou mayst have the body." A person in prison,
claiming to be unlawfully detained, or the friend of such a person,
applies to the judge of a court for a writ of _habeas corpus_. The
judge issues the writ, which directs the officer to bring the body of
the prisoner into court at a certain time and place, in order that the
legality of the imprisonment may be tested.
The case against the prisoner is not tried under the writ of _habeas
corpus_, but the judge inquires whether any crime is charged, or
whether there is a legal cause for the arrest. If the imprisonment is
illegal, the judge orders the prisoner released; if the prisoner is
lawfully held, the judge remands him to prison. This writ secures the
freedom of every person unless detained upon legal charges. Therefore,
there is no power in this wide country that can arrest and imprison
even the humblest citizen except upon legal grounds. The writ of
_habeas corpus_ is the most famous writ known to the law, the strongest
safeguard of the personal liberty of the citizens, and is regarded with
almost a sacred reverence by the people.
(2) "No bill of attainder or _ex post facto_ law shall be passed" by
Congress.
A _bill of attainder_ is an act of a legislative body inflicting the
penalty of death without a regular trial. An _ex post facto_ law is a
law which fixes a penalty for acts done before the law was passed, or
which increases the penalty of a crime after it is committed. Laws for
punishing crime more severely can take effect only after their passage;
they can not affect a crime committed before they were passed.
(3) "No tax or duty shall be laid on articles exported from any State.
No preference shall be given, by any regulation of commerce or revenue,
to the ports of one State over those of another; nor shall vessels
bound to or from one State be obliged to enter, clear, or pay duties in
another."
(4) "No money shall be drawn from the treasury but in consequence of
appropriations made by law, and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time."
(5) "No title of nobility shall be granted by the United States, and no
person holding any office of profit or trust under them shall, without
the consent of Congress, accept of any present, emolument, office, or
title of any kind whatever, from any king, prince, or foreign State."
(6) "Congress shall make no law respecting establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances."
(7) "The validity of the public debt of the United States, authorized
by law, including debts incurred for payment of pensions and bounties
for services in suppressing insurrection or rebellion shall not be
questioned. But neither the United States nor any State shall assume
or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims
shall be held illegal and void."
The Constitution of the United States forbids the national government
from exercising certain other powers, relating principally to slavery;
but such denials are rendered useless by the freedom of the slaves.
THE UNITED STATES SENATE.
The Senate is composed of two senators from each State, elected by
direct vote of the people;[1] and therefore each State has an equal
representation, without regard to its area or the number of its people.
The term of a United States senator is six years, and one third of the
Senate is elected every two years.
A senator must be thirty years old, for nine years a citizen of the
United States, and must be an inhabitant of the State for which he
shall be chosen.
A vacancy which occurs in any State's representation in the United
States Senate is filled by an election for the unexpired term; but the
legislature of any State may empower the governor to make temporary
appointments until such election is held.
The Vice President of the United States is _ex officio_ president of
the Senate, but has no vote except when the Senate is equally divided
upon a question. The Senate elects its other officers, including a
president _pro tempore_, or temporary president, who presides when the
Vice President is absent.
The Senate is a continuous body; that is, it is always organized, and
when it meets it may proceed at once to business.
When the House of Representatives impeaches an officer of the United
States, the impeachment is tried before the Senate sitting as a court.
The Senate has the sole power to try impeachments, and it requires two
thirds of the senators present to convict. Judgment in cases of
impeachment shall not extend further than to removal from office, and
disqualification to hold and enjoy any office of honor, trust, or
profit under the United States; but the party convicted shall,
nevertheless, be liable and subject to indictment, trial, judgment, and
punishment according to law.
All treaties made by the President of the United States with foreign
countries must be laid before the Senate for ratification. If two
thirds of the Senate vote for the treaty, it is ratified; otherwise, it
is rejected.
Treaties are compacts or contracts between two or more nations made
with a view to the public welfare of each, and are usually formed by
agents or commissioners appointed by the respective governments of the
countries concerned.
HOUSE OF REPRESENTATIVES.
The House of Representatives, often called the lower House of Congress,
is a much larger body than the Senate. The last apportionment of
representatives, made in 1911, gave the House four hundred and
thirty-five members, and this went into effect with the Sixty-third
Congress, beginning on the 4th of March, 1913.
A census of the people is made every ten years, and upon this as a
basis Congress fixes the number of representatives for the entire
country, and the number to which each State shall be entitled for the
next ten years thereafter. Each legislature divides the State into as
many Congress districts as the State is entitled to representatives,
and each district elects a representative by direct vote of the people.
The term of office is two years, and the terms of all representatives
begin and end at the same time.
A representative must be twenty-five years old, must have been a
citizen of the United States seven years, and must be an inhabitant of
the State in which he is elected.
A vacancy in a State's representation in the lower house of Congress is
filled by special election called by the governor for that purpose.
"All bills for raising revenue"--that is, all bills providing for
taxation--"must originate in the House of Representatives; but the
Senate may propose or concur with amendments, as in other bills."
Taxation is called the strongest function of government, and therefore
the Constitution provides that the first step must be taken by the
House of Representatives, because all its members are elected every two
years by the people, and are supposed to represent the people's views.
The Constitution provides that "the House of Representatives shall have
the sole power of impeachment;" that is, the House of Representatives
must formulate and present the charges to the Senate, and prosecute the
accused at its bar. An impeachment by the House of Representatives
corresponds to an indictment by a grand jury; specific charges must be
made before a trial can be held in any court.
THE SPEAKER.--The speaker is elected by the representatives. He is a
member of the House, and is nominated for the speakership by a
convention, or _caucus_, of the representatives who are of his
political party. In rank he is the third officer of the government.
He presides over the House, preserves decorum, decides points of order,
and directs the business of legislation. He is the organ of the House,
and because he speaks and declares its will is called the _Speaker_.
He formerly appointed the standing committees of the House, and thus
largely shaped legislation; but this power was taken from him in 1911.
As almost all laws are matured by the committees, and are passed as the
result of their work, the power to appoint the committees was
considered too important to leave in the hands of one man. The
speaker's salary is $12,000 annually.
The clerk of the preceding House presides during the election of the
speaker. Immediately after his election, the speaker is sworn into
office by the representative of the longest service in the House. He
then assumes the direction of business, and administers the oath to the
members as they present themselves by States. The House of
Representatives is reorganized every two years at the opening of the
first session of each Congress.
OTHER OFFICERS.--The other officers of the House are the clerk, the
sergeant-at-arms, the doorkeeper, the postmaster, and the chaplain.
They are not members of the House. The sergeant-at-arms and the
doorkeeper appoint numerous subordinates.
The sergeant-at-arms is the ministerial and police officer of the
House. He preserves order, under the direction of the speaker, and
executes all processes issued by the House or its committees. The
symbol of authority of the House is the mace, consisting of a bundle of
ebony rods surmounted by a globe, upon which is a silver eagle with
outstretched wings. In scenes of disturbance, when the
sergeant-at-arms bears the mace through the hall of the House at the
speaker's command, the members immediately become quiet and order is
restored.
The doorkeeper has charge of the hall of the House and its entrances.
The postmaster receives and distributes the mail matter of the members.
The chaplain opens the daily sessions of the House with prayer.
[1]After 1913. Before 1913 the senators of each State were elected by
the legislature.
SUGGESTIVE QUESTIONS.
1. Why do not the people of the United States make their laws in
person, instead of delegating this power to Congress?
2. Is it right that the President should hold the veto power?
3. Why is each House "judge of the elections, returns, and
qualifications of its own members"?
4. Why are the yeas and nays entered on the Journal?
5. Why are senators and representatives privileged from arrest during
the session, except for certain specified offenses?
6. Is it right to grant copyrights and patents?
7. What is counterfeiting?
8. Should United States senators be elected by the legislature or by
the people?
9. How many senators in Congress now?
10. Who are the two United States senators from this State?
11. What is an impeachment?
12. How many representatives in Congress from this State?
13. Give the name of the representative from this district.
14. Who at present is speaker of the national House of Representatives?
15. Of what State is he a representative?
16. Name six of the most important committees of the House of
Representatives.
QUESTION FOR DEBATE.
_Resolved_, That the members of the President's cabinet should be
members of the House of Representatives.
CHAPTER XIII.
THE UNITED STATES--(Continued).
EXECUTIVE DEPARTMENT.
PRESIDENT: QUALIFICATIONS.--The executive power of the national
government is vested in the President of the United States.
The President and the Vice President must be natural born citizens of
this country, must have attained the age of thirty-five years, and must
have resided fourteen years in the United States.
In case of the President's death, resignation, or removal from office,
his duties devolve upon the Vice President; and if a vacancy occurs in
the office, the Vice President becomes President of the United States.
At other times the only duty of the Vice President is to preside over
the Senate.
The President receives a salary of seventy-five thousand dollars per
year; the annual salary of the Vice President is twelve thousand
dollars.
ELECTION.--The President holds his office for a term of four years,
and, together with the Vice President chosen for the same term, is
elected in the following manner: During the earlier part of the regular
year for the election of a President, each of the political parties in
each state appoints delegates to the national convention of the party,
either by means of conventions, or by vote at primary elections. Each
party meets in national convention later on in the year, and nominates
the candidates whom it will support for President and Vice President,
and puts forth a declaration of principles called a "platform."
On Tuesday after the first Monday in November the people of the several
States meet at their usual polling-places, and elect as many electors
of President and Vice President as the State has senators and
representatives in Congress. For this purpose candidates for electors
have previously been nominated by the several parties naming candidates
for President and Vice President.
The election returns are forwarded to the State capital, where they are
compared, and the result declared by the election board of the State.
The governor and secretary Of State issue certificates to the persons
chosen as electors of President and Vice President.
On the second Monday in January the electors of each State meet at the
State capital and cast their votes for the candidates of their party
for President and Vice President. They make, sign, certify, and seal
three separate lists of their votes for President and Vice President;
transmit two lists to the president of the United States Senate--one by
mail and the other by special messenger--and file the remaining list
with the judge of the United States district court of the district in
which the electors meet.
On the second Wednesday in February the United States Senate and House
of Representatives meet in joint session. The president of the Senate
opens the certificates of votes from all the States, and the votes are
then counted. The person having the highest number of votes for
President is declared elected President, if his votes are a majority of
all the electors elected in the whole Union.
If no person receives a majority of all the electoral votes, then the
House of Representatives elects the President from the three candidates
receiving the highest numbers of votes. A quorum for the purpose is a
representative or representatives from two thirds of the States. Each
State has one vote, cast as a majority of its representatives present
directs; and a majority of ail the States is necessary to elect.
The person receiving the highest number of votes for Vice President is
elected Vice President, if his votes are a majority of the whole number
of electors chosen.
If his votes are not a majority of all the electors, then the Senate
proceeds to elect the Vice President from the two candidates receiving
the highest number of votes for Vice President. A quorum for the
purpose consists of two thirds of the senators from all the States.
Each senator has one vote, and a majority of the whole number is
necessary to elect.
The people do not vote directly for President and Vice President, but
for electors by whom the President and the Vice President are chosen.
The electors of all the States are called collectively the _electoral
college_.
The electors _may_ vote for some other person than the candidate
nominated by their respective parties; but no elector has ever chosen
to exercise this privilege. They consider themselves in honor pledged
and instructed to cast their votes for the candidate of their own
political faith.
The vote of the people for electors is called the _popular vote_, and
the vote of the electors for President is called the _electoral vote_.
As has several times happened in our history, a candidate may be
elected President or Vice President and yet be in a minority of the
popular vote.
INAUGURATION.--On the 4th of March following the election the President
and the Vice President assume the duties of their respective offices
amid imposing ceremonies.
The Vice President is first sworn into office in the presence of the
United States Senate. The following oath of office is then
administered to the President-elect by the Chief Justice of the United
States Supreme Court: "I do solemnly swear (or affirm) that I will
faithfully execute the office of President of the United States; and
will, to the best of my ability, preserve, protect, and defend the
Constitution of the United States."
In the presence of a vast concourse of citizens the President delivers
an address, outlining the public policy to be pursued during his term
of office. There is usually a display of civil and military
organizations representing all sections of the country. The political
differences of the people are in great part forgotten in the enthusiasm
attending the inauguration of the President.
OFFICIAL RESIDENCE.--The presidential mansion in the city of Washington
is called the White House. It was erected and is maintained by the
national government at public expense. Here the President resides with
his family, and receives private citizens, members of Congress,
officers of other departments of the government, and foreign ministers
and dignitaries.
At his public receptions, held at stated times, he may be called upon
by the humblest person in the land. This shows the spirit of equality
which prevails even in the highest station under our system of
government. Our institutions are based upon the principle embodied in
the Declaration of Independence, "That all men are created equal."
DIGNITY AND RESPONSIBILITY.--The office of President of the United
States is the highest in the gift of the people. "He represents the
unity, power, and purpose of the nation." He is the first citizen of
the United States, holding the position of highest dignity, influence,
and responsibility in the whole country. He directs the machinery of
the government, and is therefore held responsible by the people for the
conduct of public affairs, and largely for the condition of the country.
His term of office is called an administration. He and his official
advisers have the appointment of more than one hundred and fifteen
thousand officers of the national government.
MESSAGES.--At the opening of each regular session of Congress the
President sends or delivers to both houses his annual message, in which
he reviews events of the previous year, gives "information of the state
of the Union," and recommends the passage of such laws as he deems
"necessary and expedient." From time to time he gives information upon
special subjects, and recommends the passage of measures of pressing
importance. The heads of departments make yearly reports to the
President, which are printed for the information of Congress.
DUTIES AND POWERS.--The duties of the President are so extensive, the
burdens of his office so heavy, and his power so great, that the people
believe that no man, however wise and eminent, should hold the office
for more than two terms. Washington set the example of voluntary
retirement at the end of the second term, and it seems to be an
unwritten law that no President shall serve more than eight years in
succession. The duties of the office, so various and so burdensome,
are summed up in the provision of the Constitution: "He shall take care
that the laws be faithfully executed."
The President approves or vetoes all bills and joint-resolutions passed
by Congress, except those relating to questions of adjournment. All
measures vetoed must, within ten days after they are received, be
returned to the house in which they originated. The power to veto acts
of Congress is called the legislative power of the President.
He is _commander-in-chief_ of the army and the navy of the United
States, and of the militia of the several States when engaged in the
national service. He does not command in person, but places the forces
under the orders of officers of his choice.
He may require information in writing from the heads of departments
upon subjects relating to their respective offices. As he appoints
these officers, and may remove them at his pleasure, the people hold
him responsible for their official conduct. He is held responsible for
the official actions of all officers of the executive department of the
government.
He may grant _reprieves and pardons_ for offenses against the United
States, except in cases of impeachment. Frequent appeals are made to
his pardoning power.
He may make _treaties_ with foreign countries, but before a treaty can
have any effect it must be submitted by him to the Senate, and must be
ratified by a vote of two thirds of the senators present. With the
consent of the Senate, he appoints ministers to foreign courts, consuls
to foreign countries, judges of the United States Supreme Court, and
other officers, of the national government. He fills vacancies in
office which occur during recesses of the Senate, by granting
commissions which expire at the close of the next session of the Senate.
He may, in cases of extreme necessity, call special session of
Congress, or of either house. If the Senate and the House of
Representatives fail to agree upon a time to which they shall adjourn,
the President may adjourn them to such time as he may think proper.
Such a necessity has never arisen, and therefore this power has never
been exercised.
The President may receive or refuse to receive ministers and other
agents of foreign governments. _To receive_ a minister is to recognize
the nation which he represents. He may also dismiss foreign ministers
who do not prove acceptable to our government.
He commissions all officers of the United States. The power to make
appointments of office is called his _patronage_. A civil service
commission, consisting of three commissioners, has been established by
act of Congress, to secure efficiency in the public service, and to
prevent the appointment of men to office as a reward for party work.
Before applicants for certain offices can be appointed they must pass
an examination prescribed by the civil service commission.
CABINET.
The President's cabinet is a council of ten official advisers,
appointed by him and confirmed by the Senate. They are often called
heads of departments. The members of the cabinet are the secretary of
state, secretary of the treasury, secretary of war, secretary of the
navy, postmaster-general, secretary of the interior, attorney-general,
secretary of agriculture, secretary of commerce, and secretary of labor.
They may be removed by the President at pleasure, and are directly
responsible to him for the conduct of their respective departments.
The President holds frequent meetings of the cabinet for the purpose of
conferring upon official business; but he may, if he choose, disregard
their advice and act upon his own judgment.
In case of the death, resignation, removal, or disability of both
President and Vice President, the presidential office would be filled
by a member of the cabinet, in this order: The secretary of state, the
secretary of the treasury, the secretary of war, the attorney-general,
the postmaster-general, the secretary of the navy, the secretary of the
interior.
Each of the cabinet officers receives a salary of twelve thousand
dollars per year.
DEPARTMENT OF STATE.--The secretary of state is the head of the
department of state, formerly called the department of foreign affairs.
His office is the highest rank in the cabinet, and is next in
importance to that of the President. He preserves the original
draughts of all treaties, laws, public documents, and correspondence
with foreign countries. He keeps the great seal of the United States,
and fixes it to all commissions signed by the President. He furnishes
copies of records and papers kept in his office, impressed with the
seal of his department, and authenticates all proclamations and
messages of the President.
He has charge of the negotiation of treaties and other foreign affairs,
conducts correspondence with foreign ministers, issues instructions for
the guidance of our ministers and other agents to foreign countries,
and from time to time reports to Congress the relations of the United
States with other governments. He is the organ of communication
between the President and the governors of the States.
He issues traveling papers, called _passports_, to citizens wishing to
travel in foreign countries. When foreign criminals take refuge in
this country, he issues warrants for their delivery according to the
terms of existing treaties. He presents to the President all foreign
ministers, and is the only officer authorized to represent him in
correspondence with foreign governments.
The secretary of state has three assistants, called respectively, first
assistant secretary of state, second assistant secretary of state, and
third assistant secretary of state.
The department of state conducts the foreign affairs of the government
chiefly through the diplomatic service and the consular service.
THE DIPLOMATIC SERVICE.--The officers of the diplomatic service are
called _ministers_, and represent the United States in a political
capacity. They negotiate treaties under the direction of the secretary
of state, and maintain friendly relations between the United States and
the countries to which they are accredited. They are forbidden to
engage in any commercial transaction, or to exercise any control over
the commercial interests of the United States.
By the laws of nations, foreign ministers in all countries enjoy many
rights and privileges not accorded to other foreign persons. They are
assisted by interpreters, who explain speeches made in foreign tongues;
and by secretaries of legation, who keep the records, and attend to the
minor duties of the ministers.
The diplomatic service consists of ambassadors extraordinary and
plenipotentiary, of envoys extraordinary and ministers plenipotentiary,
and of ministers resident. These officials rank in the order named,
but the duties are the same; the chief difference being in the rank and
influence of the countries to which they are accredited.
The ambassadors and ministers of the higher rank receive salaries
ranging from seven thousand five hundred dollars to seventeen thousand
five hundred dollars each, the latter sum being paid to the ambassadors
to such important countries as Great Britain, Germany, France, Russia,
Mexico, Japan, etc.
There are very few ministers resident. They generally serve also as
consuls general, and receive from four thousand dollars to seven
thousand dollars each. Ministers sent to foreign countries upon
special service, such as the negotiation of special treaties, are
sometimes called _commissioners_.
CONSULAR SERVICE.--The consular service includes about sixty consuls
general, some of whom are inspectors of consulates, about two hundred
and fifty consuls, and many deputies and other assistants.
The chief duties of consuls are to enforce the commercial laws, and to
protect the rights of American citizens. Consuls reside at the
principal cities of the consular districts to which they are
accredited. The interests of American shipping and American seamen are
specially intrusted to their care. They keep the papers of American
vessels while in port; they record the tonnage, the kind and value of
the cargo, and the number and condition of the sailors. They hear the
complaints of seamen, cause the arrest of mutinous sailors, send them
home for trial, and care for mariners in destitute condition. They
take possession of the property of American citizens dying abroad, and
forward the proceeds to the lawful heirs.
They collect valuable information relating to the commerce and
manufactures of foreign countries, which is distributed among our
people by the department of commerce.
In Turkey and China, American citizens who are charged with crime are
tried by the American consul. Consuls and consuls general receive
salaries ranging from two thousand dollars to twelve thousand dollars
each, according to the importance of the cities where they are located.
TREASURY DEPARTMENT.--The secretary of the treasury is the head of the
treasury department. He manages the entire financial system of the
national government. He suggests to Congress plans for raising revenue
and maintaining the credit of the United States, and makes detailed
reports on all the operations of his department.
He superintends the collection of revenue; the coinage of money; the
operation of national banks; the conduct of custom-houses, where taxes
on imported foreign goods are collected. The schedule or table showing
the duties levied on foreign goods is called the _tariff_; this is
fixed by act of Congress. The management of the public health service,
and the operation of the coast guard, maintained along the seacoast for
the rescue of persons from drowning and for the enforcement of
navigation laws, are also under the charge of the secretary of the
treasury. His greatest responsibility is the management of the
national debt, which still amounts to many hundred millions of dollars.
BUREAUS.--The secretary of the treasury is assisted by three assistant
secretaries of the treasury, a comptroller, six auditors, a treasurer,
a register of the treasury, and numerous other responsible officers in
charge of the bank currency, internal revenue, the mint, the erection
of public buildings, and other important bureaus and divisions of the
treasury department.
The _comptroller_ directs the work of the six auditors, and
superintends the recovery of debts due the United States.
The _auditor for the treasury department_ settles--that is, examines
and passes on--all accounts in the collection of customs duties and
internal revenue, the national debt, and other accounts immediately
connected with the operations of the treasury department.
The _auditor for the war department_ settles the army accounts.
The _auditor for the interior department_ settles pension accounts,
accounts with the Indians, and all other accounts arising in the
department of the interior.
The _auditor for the navy department_ settles the accounts of the navy.
The _auditor for the state and other departments_ has charge of the
accounts of the secretary of state, the attorney-general, the secretary
of agriculture, the secretary of commerce, and the secretary of labor,
and of all the officials under their direction; the accounts of the
United States courts; and those of various institutions which are not
under the control of any department.
The _auditor for the post-office department_ examines and passes on the
accounts of the postal service.
The _treasurer_ is custodian of the funds of the United States. All
funds and securities are kept in vaults made for the purpose, or
deposited in reliable banks for safe keeping.
The _register of the treasury_ has charge of the account-books of
United States bonds and paper money. They show the exact financial
condition of the United States at all times. The register's name is
upon all bonds and notes issued by the government.
The _comptroller of the currency_ supervises the national banks. A
_bank_ is a place for the safe keeping and lending of money. A bank
holding its charter--that is, its power to do business--from a State
government is called a State bank. Two kinds of banks are chartered by
the national government: the _national banks_ and the _federal reserve
banks_.
By the laws of the United States, any five or more persons with
sufficient capital may organize a national bank. A national bank may
issue its notes--that is, its promises to pay--as currency, to an
amount not exceeding the amount of United States bonds deposited by the
bank with the national government. Each federal reserve bank is a
large central bank organized by the banks of a certain district. It
issues notes as currency, secured by commercial notes, drafts, etc.
The _commissioner of internal revenue_ supervises the collection of
income taxes and of taxes laid upon tobacco; liquors, etc.,
manufactured in this country.
The _director of the mint_ has charge of the coinage of money, and
reports to Congress upon the yield of precious metals. There are mints
at Philadelphia, Carson, San Francisco, Denver, and New Orleans, and
assay offices also at other places.
The Constitution vests the power to coin money in the national
government alone.
The _director of the bureau of engraving and printing_ supervises the
execution of designs and the engraving and printing of revenue and
postage stamps, national bank notes, and the notes, bonds, and other
financial paper of the United States.
The _supervising architect_ selects plans for the erection of
custom-houses, court-houses, post-offices, mints, and other public
buildings of the United States.
The _surgeon-general of the public health service_ has charge of the
marine hospitals, and helps to enforce the laws which aim to prevent
the introduction of contagious diseases into the country. He calls
conferences of state health boards.
The _solicitor of the treasury_ is the chief lawyer for the department.
He has charge of prosecutions for violations of the customs laws, and
other crimes against the financial interests of the United States.
Like similar lawyers for other departments, he is included in the
department of justice, under the attorney-general.
WAR DEPARTMENT.--The secretary of war is the head of the war
department. He has charge of the land forces, under the direction of
the President. He supervises the expenditure of money voted by
Congress for the improvement of rivers and harbors, and for the United
States Military Academy at West Point, as well as for the support and
operations of the army. In the management of his department he is
aided by an assistant secretary of war.
BUREAUS.--The war department has numerous offices and bureaus, each in
the charge of a responsible officer, and all under the supervision of
the Chief of Staff, who is the military adviser of the secretary of war.
The _adjutant-general_ issues the military orders of his superiors,
conducts the army correspondence, issues commissions, and keeps the
army records.
The _quartermaster-general_ provides quarters, food, clothing, and
transportation for the army, and has charge of barracks and national
cemeteries. He also supervises the payment of the army and the
military academy.
The _surgeon-general_ superintends the army hospitals, and the
distribution of medical stores for the army.
The _inspector-general_ attends to inspection of the arms and
equipments of the soldiers.
The _chief of engineers_ supervises the construction of forts, the
improvement of rivers and harbors, and the surveys relating to them.
The _chief of ordnance_ furnishes guns and ammunition to the army and
to forts, and has charge of armories and arsenals.
The _judge-advocate-general_, who is chief of the bureau of military
justice, prosecutes crimes committed in the army, and reviews all
sentences passed by military courts and military commissions.
MILITARY ACADEMY.--The military academy at West Point is maintained for
the education of officers for the army. Each member of Congress
appoints two cadets to the academy, and the President appoints four
from the District of Columbia and eighty from the United States at
large. There are also appointed two from each territory, two from
Porto Rico, and a certain number of enlisted men from the army. The
academy is under the charge of an army officer, appointed by the
secretary of war. Each cadet receives from the government an allowance
sufficient to pay all necessary expenses.
NAVY DEPARTMENT.--The secretary of the navy presides over the navy
department. He has control of all affairs relating to vessels of war,
the naval forces, and naval operations. He has charge of the Naval
Observatory at Washington, and of the United States Naval Academy at
Annapolis. There is an assistant secretary of the navy.
The naval department issues sailing charts, sailing directions, and
other publications for the use of seamen. Among these is the nautical
almanac used in navigating ships.
BUREAUS.--The naval department has a number of bureaus, which are in
charge of competent officers detailed from the naval service.
The _bureau of navigation_ gives out and enforces the secretary's
orders to the officers of the navy, enlists sailors, keeps the records
of the service, and has charge of the naval academy. It has charge of
the training and education of line officers and enlisted men of the
navy.
The _bureau of yards and docks_ attends to the navy yards, docks,
wharves, their buildings and machinery.
The _bureau of ordnance_ superintends the forging and testing of
cannon, guns, and other military equipments, and the construction of
naval torpedoes.
The _bureau of medicine and surgery_ has charge of the naval
laboratory, the eight naval hospitals, and the purchase and
distribution of surgical instruments and medical stores for the naval
department.
The _bureau of supplies and accounts_ purchases and distributes
provisions and clothing for the navy.
The _bureau of steam engineering_ superintends the construction and
repair of engines and machinery for the vessels of war.
The _bureau of construction and repair_ has charge of all matters
relating to the construction and repair of all vessels and boats used
in the naval service.
NAVAL ACADEMY.--The naval academy at Annapolis is maintained by the
national government for the purpose of educating and training officers
for the navy. It bears the same relation to the navy that the military
academy bears to the army. At the academy there are three midshipmen
for each member of Congress; the President appoints two from the
District of Columbia and ten a year from the United States at large;
and fifteen enlisted men of the navy are appointed each year on
competitive examination. The academy is under the charge of a
superintendent, appointed by the secretary of the navy. Each
midshipman receives from the government an annual sum of money
sufficient to pay all necessary expenses incurred at the academy.
POST-OFFICE DEPARTMENT.--The postmaster-general presides over the
post-office department. He has control of all questions relating to
the management of post-offices and the carrying of the mails, and
appoints all postmasters whose annual salaries are less than a thousand
dollars each. Postmasters whose salaries exceed this sum are appointed
by the President of the United States.
BUREAUS.--The postmaster-general has four assistants, who, under him,
are in charge of the various details of the vast establishment devoted
to the postal service.
The _first assistant postmaster-general_ has general charge of
post-offices and postmasters, and makes preparations for the
appointment of all postmasters. He also controls the free delivery of
mail matter in cities, and the dead letter office.
The _second assistant postmaster-general_ attends to the letting of
contracts for carrying the mails, decides upon the mode of conveyance,
and fixes the time for the arrival and departure of mails at each
post-office. He also has charge of the foreign mail service. The
United States has postal treaties with all the other civilized
countries in the world, by which regular mail lines are maintained.
The _third assistant postmaster-general_ has charge of financial
matters. He provides stamps, stamped envelopes, and postal cards for
post-offices, and receives the reports and settlements of postmasters.
He also superintends the registered mail service, the postal savings
system, and the post-office money-order business. By means of money
orders people may deposit money in the post-office at which they mail
their letters, and have it paid at the office to which their letters
are addressed.
The _fourth assistant postmaster-general_ has charge of the rural free
delivery system,--a very important service. He also furnishes blanks
and stationery to post-offices throughout the United States, and
supervises the making of the various post-route maps, such as those
used for rural delivery and for the parcel post.
INTERIOR DEPARTMENT.--The secretary of the interior is the chief
officer of the interior department. The former name, _home
department_, suggests the character of the subjects under its control.
Its duties relate to various public interests which have been
transferred to it from other departments. The department of the
interior has charge of pensions, public lands, Indian affairs, patents,
education, and the geological survey.
The _commissioner of pensions_ has charge of the examination of pension
claims and the granting of pensions and bounties for service in the
army and the navy. There are about a million names on the pension
rolls of the United States, and the annual payment of pensions amounts
to about one hundred and forty million dollars.
The _commissioner of the general land office_ superintends the surveys
and sales of the lands belonging to the national government. The
United States surveys divide the public lands into ranges, townships,
sections, and fractions of sections. Ranges are bounded by north and
south lines, six miles apart, and are numbered east and west. Ranges
are divided into townships, each six miles square, numbered north and
south. A township is divided into thirty-six sections, each one mile
square, and containing six hundred and forty acres of land; and
sections are divided into quarter sections.
The _commissioner of Indian affairs_ has charge of questions relating
to the government of the Indians. Its agents make treaties, manage
lands, issue rations and clothing, and conduct trade with the Indians.
The _commissioner of patents_ conducts all matters pertaining to the
granting of patents for useful inventions, discoveries, and
improvements.
A _patent_ gives the inventor the exclusive right to manufacture, sell,
and use the patented article for a period of seventeen years.
A _copyright_, which is somewhat similar to a patent, gives the author
of a book the exclusive right to print, publish, and sell it for a
period of twenty-eight years, with the privilege at the expiration of
that time of renewing for twenty-eight years more.
An inventor or author may sell a patent or copyright, as well as other
property.
The _commissioner of education_ investigates the condition and progress
of education in the several States and Territories, and collects
information relating to schools, school systems, and methods of
teaching. The facts collected are distributed among the people in
annual reports published by the office.
The _director of the geological survey_ sends out parties of scientific
men, who explore various parts of the Union, trace the sources of
rivers, measure the heights of lands, and gather other facts relating
to the natural resources of the country. He publishes excellent maps
of the regions that have been explored.
DEPARTMENT OF JUSTICE.--The attorney-general presides over the
department of justice. He is the chief law officer of the government,
and the legal adviser of all the departments. He is assisted by the
solicitor-general, who is the second officer in rank; by nine assistant
attorney-generals, and by several solicitors for particular
departments. The department of justice conducts before the supreme
court all suits to which the United States is a party; conducts suits
arising in any of the departments, when requested by the head thereof;
exercises supervision over the district attorneys and marshals of the
United States district courts; examines the titles of lands proposed to
be purchased by the United States, as sites for forts, arsenals,
barracks, dockyards, customhouses, post-offices, and other public
purposes; examines and reports upon applications for judicial offices
and other positions requiring legal ability.
DEPARTMENT OF AGRICULTURE.--The department of agriculture was
reorganized in 1889. Previous to that time it had been a bureau of the
interior department. The secretary of agriculture is the chief officer
of the department of agriculture.
This department collects and diffuses among the people useful knowledge
relating to agriculture and agricultural products. Experiments are
conducted upon farm and garden products, and the seeds of choice
varieties are distributed among the people. Similar attention is given
to stock-raising and the care of forests. The _bureau of chemistry_
assists in the enforcement of the pure food law.
The department also includes the _weather bureau_, which collects and
publishes telegraphic reports of storms and the condition of the
weather, in the interest of agriculture and commerce.
DEPARTMENT OF COMMERCE.--The department of commerce and labor was
created in 1903, and ten years later was divided into two departments.
The secretary of commerce presides over the department of commerce.
Its duty is to promote and develop commerce, mining, manufacturing, and
fisheries. It collects and publishes facts and figures on all these
subjects; supplies exactly true weights and measures for any one to
copy; controls stations for stocking waters with valuable fish;
inspects and licenses steamships, rejecting any that are unseaworthy;
surveys the seacoast of the United States, and maintains lighthouses at
dangerous points.
The work of the department is divided among a number of bureaus, many
of which were already in existence when the new department was formed.
Among these is the _census office_, which takes a census of the United
States every ten years, besides collecting other statistics at shorter
intervals.
DEPARTMENT OF LABOR.--The secretary of labor presides over the
department of labor. Its duty is to promote the welfare of wage
earners. It makes important investigations, and publishes statistics
concerning laborers. This department includes the _children's bureau_,
which studies problems, affecting children's welfare. It also includes
the _bureau of immigration_ and the _bureau of naturalisation_, which
supervise the enforcement of United States laws regarding immigration
and naturalization.
SEPARATE COMMISSIONS.--In addition to the civil service commission,
Congress has created two other important commissions not connected with
any department. The _interstate commerce commission_, consisting of
seven members appointed by the President, supervises interstate
railroads, express companies, etc., and enforces the laws which control
them. The _federal trade commission_, consisting of five members
appointed by the President, supervises the business of persons and
companies engaged in interstate commerce, except those under the
control of the interstate commerce commission.
SUGGESTIVE QUESTIONS.
1. Why does the Constitution require that the President shall be a
native of the United States?
2. Who is now President, and of what State is he a citizen?
3. When was he elected?
4. Should the President be eligible for reelection?
5. Do you think he should have the veto power?
6. Of what use is a passport in traveling?
7. What is internal revenue?
8. What was the principal cause of the national debt?
9. How many soldiers, including officers, in the army of the United
States?
10. Of what value are the weather reports?
11. Why is it right for the government to grant pensions?
12. Why should a census be taken?
13. What is the population of the United States, and what the
population of this State, by the last census?
14. What is meant by conducting a suit before the supreme court?
QUESTION FOR DEBATE.
_Resolved_, That the President and the Vice President should be elected
by the popular vote.
CHAPTER XIV.
THE UNITED STATES--(Continued).
JUDICIAL DEPARTMENT.
The judicial department is one of the three great departments of the
government, being coordinate with Congress, the legislative power, and
with the President, the executive power. The principle of three
coordinate departments of government is new, the United States being
the first nation that ever embodied it in its constitution.
The judicial system of the United States includes the Supreme Court of
the United States, the circuit courts of appeals, district courts, the
courts of the District of Columbia, the court of claims, the court of
customs appeals, a territorial court for each of the Territories, and
several commissioners' courts in each of the States.
JURISDICTION OF UNITED STATES COURTS.--The jurisdiction of United
States courts extends to the following classes of suits at law:
1. To all cases arising under laws passed by Congress.
2. Those affecting ministers, consuls, and other agents of the United
States and foreign countries.
3. Suits arising on the high seas.
4. All suits to which the United States is a party.
5. Controversies between a State and the citizens of another State.
6. Cases between citizens of different States.
7. Suits between citizens of the same State claiming lands under grants
by different States.
8. Cases between a State or its citizens and a foreign State or its
citizens.
It will be seen that all cases at law to which a State is a party must
be tried in the courts of the United States. A direct suit can not be
brought against the United States except by authority of a special act
of Congress; nor can a suit be brought against a State by a citizen of
another State, or by one of its own citizens, except by the special
permission of its legislature.
SUPREME COURT OF THE UNITED STATES.--The Supreme Court of the United
States is the highest judicial tribunal in the country. It consists of
the Chief Justice and eight associate justices, nominated by the
President and confirmed by the Senate. The country is divided into
nine circuits, each represented by a Justice of the Supreme Court. The
justices hold their offices during life, unless impeached; but they
have the privilege of retiring upon full pay, at seventy years of age,
provided they have served in the court for ten years. A quorum
consists of any six justices, and if a majority agree upon a decision
it becomes the decision of the court.
The court holds annual sessions in the Capitol building at Washington,
beginning upon the second Monday in October. The annual salary of the
Chief Justice is fifteen thousand dollars; that of the associate
justices is fourteen thousand five hundred dollars each.
The Constitution of the United States creates and names the Supreme
Court, and provides that the Judicial power shall be vested in it "and
in such inferior courts as the Congress may from time to time ordain
and establish."
JURISDICTION.--The Supreme Court has original jurisdiction in all cases
affecting ministers, consuls, and other agents of the United States and
foreign countries, and in cases to which a State is a party.
Most cases tried by it are brought before it upon appeals from the
inferior courts of the United States. They involve chiefly the
questions of jurisdiction of the inferior courts, the constitutionality
of laws, the validity of treaties, and the sentences in criminal and
prize causes. An appeal from a State court can be carried to the
Supreme Court only upon the ground that the decision of the State court
is in conflict with the Constitution or laws of the United States.
The peculiar province of the Supreme Court is to interpret the
Constitution, and in all conflicts between a State and the nation the
final decision rests with the Supreme Court of the United States. It
may, and does, modify its own judgments; but until it modifies or
reverses a decision, it is final, and from it there is no appeal.
Whether its decree be against a private citizen, a State, the Congress,
or the President, that decree is "the end of the whole matter," and
must be obeyed.
The Supreme Court is more admired and praised by foreign critics than
is any other of our institutions. It is conceded by all to be one of
the strongest and best features in our system of government. In a free
country like ours, such a tribunal is necessary to prevent the
legislative and executive departments from trespassing upon the
Constitution, and invading the rights of the people. Therefore the
Supreme Court of the United States has been appropriately called "the
balance-wheel in our system of government."
UNITED STATES CIRCUIT COURTS OF APPEALS.--Each United States circuit
embraces several States, and has two or more circuit judges. One
justice of the Supreme Court is also assigned to each circuit. There
are nine circuit courts of appeals, one for each United States circuit.
All appeals from the district courts must be made to the circuit courts
of appeals, except in cases expressly provided by law to be taken
direct to the Supreme Court; but provision is also made for appeal from
the decision of the circuit courts of appeals to the Supreme Court in
certain classes of cases.
UNITED STATES DISTRICT COURT.--Each State has one or more United States
district courts, each presided over by a district judge. The district
court has both civil and criminal jurisdiction in all cases under the
national law which are not required to be brought in other courts.
Before 1912 there were so-called "circuit courts" usually held by the
district judges, for the trial of certain important kinds of cases; but
these were abolished by an act of 1911.
In each State a large majority of the civil and criminal cases must be
tried and finally decided in the State courts. However, among the
important cases tried in United States courts are those concerning
patents, copyrights, and bankruptcy, those involved in the regulation
of interstate and foreign commerce, and offenses committed against the
postal and revenue laws.
Interstate commerce cases are often in the form of appeals from the
orders issued by the interstate commerce commission, fixing the freight
and passenger rates of railroads, etc. Such a case is heard by three
judges sitting together, and an appeal from their decision can be taken
directly to the Supreme Court.
If the circuit and district judges desire, they may retire upon full
pay at the age of seventy, after ten years of consecutive service.
COURT OF CUSTOMS APPEALS.--The customs court consists of a chief judge
and four associate judges. It decides disputes over the rates of duty
payable on imported goods. It holds sessions both at Washington and in
other cities.
COURT OF CLAIMS.--The court of claims holds its sessions at Washington,
and consists of a chief justice and four associate justices. It hears
and determines claims against the United States. No one could bring
suit against the national government without permission from Congress;
but a person having a claim against it may submit the claim to the
court of claims for trial, and, if the claim is declared to be legal
and just, it is almost always paid by act of Congress.
OTHER COURTS.--The _District of Columbia_ has six supreme court
justices and three justices of a court of appeals. Their jurisdiction
is similar to that of the United States district courts and circuit
courts of appeals, but is confined to the District of Columbia.
_Territorial courts_ consist of a chief justice and two associate
justices, who hold their offices for a term of four years, unless
removed by the President. A territorial court holds its sessions in
the Territory for which it is constituted, and has jurisdiction of
cases arising under the laws of Congress and the laws passed by the
territorial legislature.
Appeals are taken from the courts of the District of Columbia and from
the territorial courts to the supreme court of the United States.
A United States commissioner's court consists of a commissioner
appointed by the judge of the district court. The chief duties of this
court are to arrest and hold for trial persons charged with offenses
against the United States, and to assist in taking testimony for the
trial of cases. A judge of a State court or a justice of the peace may
act as United States commissioner, but while engaged in such duties he
is an officer of the United States, and not of the State.
TERM OF SERVICE.--Justices of circuit courts, district courts, the
customs court, the court of claims, the courts of the District of
Columbia, and of the territorial courts, are appointed by the President
and confirmed by the Senate. The justices of these courts, except of
the territorial courts, hold their offices during life, unless
impeached. This life tenure of office, and the provision that a salary
of a justice shall not be reduced during his term, render the courts of
the United States independent of Congress and public opinion, and tend
to preserve the purity and dignity of their decisions.
The salary of a judge of the circuit court is seven thousand dollars;
that of a judge of a district court is six thousand dollars; that of a
judge of the customs court is seven thousand dollars; and that of a
justice of the court of claims is six thousand dollars, except the
chief justice, who receives six thousand five hundred dollars.
OFFICERS OF COURTS.--The United States district courts have grand
juries and trial juries, who perform duties similar to those of juries
in State courts. With the consent of the Senate, the President
appoints for each district a United States district attorney and a
United States marshal.
The _district attorney_ represents the United States in all civil cases
to which it is a party, and is the prosecuting officer in criminal
cases.
The _marshal_ is the executive and ministerial officer of the court,
with duties similar to those of a sheriff.
The Supreme Court of the United States appoints a _reporter_, who
reports--that is, edits and publishes--its decisions. This court also
appoints its own _marshal_. The decisions of the district court are
reported by the Judge, or by an attorney under the judge's sanction.
Each court appoints a clerk, who keeps a record of its proceedings;
gives a history of each case; notes all orders, decisions, and
judgments; has charge of all money paid; and keeps and fixes the seal
of the court.
The circuit courts of appeals appoint their own marshals and clerks.
The duties of these officers are similar to those performed by the
marshal and clerk of the Supreme Court. The circuit courts of appeals
have no reporters.
SUGGESTIVE QUESTIONS.
1. Who is chief justice of the United States, and of what State is he a
citizen?
2. Why should a judge hold his position during a long term of years?
3. This State is a part of what United States circuit?
4. What justice represents this circuit in the supreme court?
5. Who is judge of the United States district court of this district?
6. Why can no person bring suit against the United States except by
special act of Congress?
QUESTION FOR DEBATE.
_Resolved_, That the jury system should be abolished.
PART II.
CHAPTER XV.
GOVERNMENT.
Government is defined as _rule_ or _control_. It is that which
governs, and also the act of governing. In its political sense, it
means the supreme authority of a State or other political community, or
the act by which this authority is applied. It is sometimes said to be
a system of institutions for the restraint of people living in the
social state or social condition.
The word _govern_ is derived from a Latin word which first meant _to
steer the ship_, and then very naturally came to mean _to guide, to
direct, to command_.
"The comparison of governing with steering is a very happy one," for
the interest of him who steers is the same as that of the people in the
ship: "all must float or sink together." So the interest of those that
govern, of those that guide "the ship of state," as we often express
it, is the same as that of the people.[1]
ORIGIN AND NECESSITY.--The origin of government is unknown; its
beginning can not be traced. People everywhere, in all the varying
degrees of civilization, recognize the necessity of a supreme
authority, to whom all owe and render obedience.
Men can not long live in the same vicinity without some kind of
political organization. Without some sort of government--that is, some
supreme power to settle disputes--the people would be in continual
warfare; there could be no security to person or property; each
individual could look to himself alone for safety; "his hand would be
against every man, and every man's hand against him."
Wherever men are found they live under some form of government, however
rude and imperfect. In all parts and in all ages of the world they
have seen the necessity of some power to protect the weak and restrain
the strong, and have therefore set up a supreme authority for the
common welfare.
A body of people living under government is called _society_, and the
agreement existing between them, for their common welfare, is called
the _social compact_.
Men are so constituted that society is necessary to their happiness.
Therefore they seek the social state and join the social compact, thus
agreeing to be governed by law and order.
FOR THE PEOPLE.--Government is for the people, and not for the rulers.
Officers, the highest and the lowest, are merely the servants of the
people.
All governments derive their just powers from the consent of the
people, and are established and maintained for their good. All powers
which are exercised without the consent of the people are unjust and
tyrannical.
KINDS.--Government is of two kinds, civil and military.
_Civil government_ is the government of civil society, or the
government of the people in a peaceful state.
_Military government_ is the government of men in a state of war. It
prevails in the army and the navy, and sometimes in districts which are
the scenes of military operations.
Military government is conducted by the rules of martial law, and in
its penalties and exactions is much more severe than civil government.
FORMS OF CIVIL GOVERNMENT.
There are many forms of civil government, but they may be reduced to
three principal systems:
1. _Monarchy_: government by one person.
2. _Aristocracy_: government by a few persons.
3. _Democracy_: government by the people.
Every government is either one of these forms or is composed of two or
more of them.
MONARCHY.--A _monarchy_ is a government whose chief authority is vested
in one person, usually called king, queen, emperor, empress, or prince.
Monarchies are absolute or limited.
In an _absolute monarchy_ there is no limit to the power of the
monarch; his wishes are the laws of the people. The people are his
property, and in his person are combined all the powers of government,
legislative, executive, and judicial. Russia is the only civilized
nation whose government is still an absolute monarchy.
In a _constitutional monarchy_ the sovereign, or chief ruler, must
govern by laws made by a representative body elected by the people.
England and Germany are constitutional monarchies.
In an _hereditary monarchy_ the sovereign inherits the ruling power,
usually from his father.
In an _elective monarchy_ the sovereign is elected for life, usually by
the dignitaries of other nations.
A _patriarchy_ is a monarchy in which the chief power is exercised by a
patriarch, or father. The authority of the patriarch is confined to
his tribe. This form of government was common in ancient times, before
tribes were combined into nations.
A _theocracy_ is a monarchy whose rulers claim to be under the direct
guidance of God. The government of the ancient Hebrews was a theocracy.
ARISTOCRACY.--An _aristocracy_, sometimes called _oligarchy_, is a
government in which the supreme authority is vested in a privileged
few, distinguished by their wealth and social position.
The privileged class are usually called nobles. They are above the
common people in rank and bear titles of honor. These titles are
mostly inherited, but are sometimes conferred upon persons by the
sovereign.
An aristocracy never exists by itself; it is always combined with some
other form of government, usually with a constitutional monarchy. The
government of England is partly aristocratic; the House of Lords, one
of the bodies of Parliament, being composed of nobles.
DEMOCRACY.--A _democracy_ is a "government of the people, by the
people, for the people." It is a government by many, instead of by one
or by a few. Hereditary titles are inconsistent with democratic
government, and therefore never exist in a democracy.
A _pure democracy_ is a government conducted by the people in person.
It is practicable only in a political community so small that all the
people may assemble at the seat of government. The New England "town
meeting" is almost the only example of a pure democracy in the world at
the present time; certainly the only example in the United States.
A _republic_, or _representative democracy_, is a government conducted
by representatives elected by the people.
The United States, Mexico, France, Switzerland, and all South American
nations are republics, and the republican principle of government is
growing in popularity throughout the civilized world.
No form of government is equally good for all peoples. A certain form
may be good for one country and bad for another country. A republic,
which is the best government for a well-educated and virtuous people,
is the worst for an ignorant and depraved people.
The excellence of a republican government depends upon the knowledge
and virtue of its citizens. The people are the rulers, and, if they
are wise and virtuous, they will rule well; if they are ignorant and
depraved, they will rule ill. Therefore the hope of a republic like
ours is, that its people will continue to grow wiser and better.
[1]Fiske's _Civil Government of the United States_.
SUGGESTIVE QUESTIONS.
1. Why is military government more severe than civil government?
2. Could society exist without law? Why?
3. Why is a republic a bad form of government for an ignorant people?
4. Are the people of the United States growing wiser and better?
5. Is this State improving in civilization?
CHAPTER XVI.
JUSTICE.
The object of government is to protect the people, and to render
justice to them. _Justice_ is the security of rights. A _right_ is a
well-founded claim; that is, a just claim of one person upon other
persons.
_Rights_ are the most important things that a person can possess,
because his happiness depends upon them. They are real things, for
whose protection governments are instituted. The kind and extent of
the rights recognized and protected in any country determine the form
of its government. As a rule, there is more freedom among citizens of
a republic than among those of other governments, because a republic
guarantees more rights.
RIGHTS AND DUTIES.
People have many rights, and they have as many duties. Each right
given to a person is a trust placed in his hands for him to discharge.
A right implies a duty, and a duty implies a right. Rights and duties
go hand in hand. For example, children have a right to the protection
of their parents, and this implies that it is the duty of children to
obey their parents.
CIVIL RIGHTS AND DUTIES.--Rights and duties are civil and political.
_Civil rights_ are sometimes called _inalienable rights_, because they
can not be justly taken away except as a punishment for crime. They
are chiefly those rights with which we are endowed by nature. They are
not conferred by any earthly power, but are given to every human being
at his birth. They are called civil rights, because they belong to the
citizen in his ordinary daily life. Among civil rights are:
1. _The right to personal security_; that is, the right to be free from
attack and annoyance;
2. _The right of personal liberty_; that is, to go when and where he
pleases, provided he does not trespass upon the rights of others; and
3. _The right of private property_; that is, the right to use, enjoy,
and dispose of what he has acquired by labor, purchase, gift, or
inheritance.
The greater part of these rights belong to men whether living in
society, that is, under government, or living without government.
Their natural rights are more extensive without society than with it,
but are far less secure. Without government natural rights are
unlimited; each person may lay claim to all land and to all it
produces, provided he is strong enough to maintain his claim by force.
When men join the social compact, they agree to abandon some of their
natural rights, in order to be protected by the government in those
which they retain; that is, each person agrees that in making his own
claims he will have due regard for the similar claims of others.
In entering the social compact, men also agree to submit their personal
claims to settlement by the law, instead of going to war to maintain
them. They agree to refer their disputes to courts established for
that purpose. As a rule, under government, right prevails; without
government, might prevails.
_Civil rights_ are divided into _industrial rights_, _social rights_,
and _moral_ or _religious rights_.
INDUSTRIAL RIGHTS AND DUTIES.--It is the right and duty of each person
to provide in his own way, providing it is legal and honest, for
himself and those dependent upon him. All business transactions; the
search for homes, comforts, and wealth; agriculture, manufacturing,
mining, and commerce; the conduct of all professions, occupations, and
industries; the interests of farm laborers, operatives in factories,
miners, clerks, and all persons engaged in mental or physical labor,
are based upon industrial rights and duties.
The wages of people, the hours of labor, railway and telegraph lines,
canals, express companies, other common carriers, the various kinds of
employment, and the organization of men in different branches of
industry to advance their interests, are questions affecting industrial
rights. These rights underlie all efforts of people to improve their
financial condition.
SOCIAL RIGHTS AND DUTIES.--Each member of society has rights as such,
and these are called _social rights_. They include the rights of
personal security and protection. They underlie all efforts for the
improvement of the social condition of the people. Society is
interested in better schools, in public health, in the reformation of
criminals, in good highways and streets, in safe buildings, in
well-lighted cities and villages, in the maintenance of charitable
institutions, in the establishment of sources of harmless amusement,
and in the preservation of peace and order.
The comfort and convenience of the public are even more important than
the comfort and convenience of any person. Therefore, individual
rights must yield to public rights when the two conflict. For example,
the land of a private citizen may be condemned by the proper
authorities, and be used for public highways or other public purposes.
The government pays the owner of the property condemned, but usually
less than his estimate of the value.
This right of society, existing above the right, of any of its members,
is called the RIGHT OF EMINENT DOMAIN. By it individual rights must
yield to the rights of society, of the government, or of a corporation.
A corporation is an association of individuals authorized by law to
transact business as a single natural person. Railway companies,
banks, chartered cities and villages, and the counties of some States
are corporations.
MORAL RIGHTS AND DUTIES.--Man is a moral being; that is, he is
conscious of good and evil. Therefore he has moral rights and duties.
He has rights of conscience, with which it is not the province of
government to interfere. He naturally worships a Being superior to
himself, and feels the obligation to deal justly with his fellow-men.
He has a right to do and say all things which are not unlawful or wrong
within themselves. It is his right to worship when he pleases, whom he
pleases, and as he pleases.
The moral rights and duties of the people are concerned in the
maintenance of religion, the support of churches, in reverence for
things sacred, in acts of charity and benevolence, in living an upright
life, and in teaching lessons of morality, honesty, industry, and
usefulness. Whatever is implied in the word _ought_, correctly used,
is a moral duty.
POLITICAL RIGHTS AND DUTIES.--By the social compact, men also agree to
abandon a part of their natural rights in order to participate in the
government. They agree in part to be governed by others, in order that
in part they may govern others. The rights of participation in the
government, such as voting and holding office, are called political
rights, because they affect the public policy of society.
Political rights do not belong to men by nature, but are conferred by
government. Within reasonable bounds, they may be enlarged or
restricted without injustice. Since they are conferred by the
government, the power to vote and to hold office is a privilege to be
enjoyed rather than a right to be asserted.
In the United States the political rights of the people are carefully
set forth in the Constitution. The smallest functions of government,
such as the size and color of a postage stamp, or the employment of a
page in the State legislature, touch the political rights of the
citizen. Appointment and elections to public office, the enactment of
laws, and the performance of public duties are questions of political
concern.
Good laws, good administrations, and the perpetuity of the government
itself, depend upon the manner in which the people discharge their
public duties. A man who habitually fails to vote and to take interest
in the political affairs of his country may be a good man, but he is
certainly a bad citizen.
To be a good citizen is to aid intelligently in giving the people good
government. For a man to hold himself aloof from politics, unless his
action is based upon conscientious scruples, shows his interest in
himself, and his lack of interest in his country.
SUGGESTIVE QUESTIONS.
1. Why does happiness depend upon the maintenance of rights?
2. How do persons _born_ under government agree to be governed by the
laws?
3. If the claims of people as to their rights conflict, how is the
difference settled?
4. What is meant by the phrase "common carrier"?
5. Is it right for men to hold aloof from public affairs because there
is corruption in politics?
CHAPTER XVII.
LAW AND LIBERTY.
Through law rights are secured, and the performance of some duties is
enforced. _Law_ is a rule of action, prescribing what shall be done
and what shall not be done. Laws exist for the purpose of securing the
rights of the people. The enjoyment of rights is _liberty_.
As the enjoyment of rights depends upon their security, and as they are
secured by law, therefore liberty is based upon law. Without law there
could be no political liberty, and the civil liberty of the people
would be narrow and uncertain. It may be said, therefore, that there
can be no true liberty without law; but laws may be so many and so
stringent that there can be no liberty. Liberty and _just_ laws are
inseparable.
Liberty and rights are of the same kinds, _industrial_, _social_,
_moral_ or _religious_, and _political_. The words "rights," "law,"
and "liberty" are full of meaning, and in a free country suggest ideas
of the deepest reverence.
ORIGIN.--The laws of the country are partly human and partly divine.
They were framed by man, but some of them are based upon the laws of
God. Some are of recent origin, and many are so ancient that their
beginning can not be traced. When men began, to live in society, they
began to make laws, for laws at once became necessary. Laws are
undergoing constant changes, as new conditions arise and new customs
prevail.
KINDS OF LAW.
The _moral law_ prescribes our duties to men, and also to God. It is
summed up and revealed in the Ten Commandments, and is the same as the
law of nature taught us by our consciences.
The _common law_ consists of the principles and rules of action applied
by the courts in cases not regulated by express legislative acts. It
is the unwritten law which has been practiced for ages in England and
the United States. In all States of the Union, except Louisiana, cases
not covered by the acts of the legislature are tried by the common law.
The _civil law_ is the law that prevailed among the ancient Romans. It
is still in use among most of the nations of continental Europe. In
Louisiana it is applied to cases not covered by the laws of the
legislature. The words _civil law_ are sometimes used to denote the
law governing civil suits.
_Statute law_ consists of the acts passed by legislative assemblies.
The words are used to denote the opposite of common law. The enactment
of a statute by a State legislature repeals the common law previously
in force upon the same subject.
_International law_, often called the _law of nations_, consists of the
rules and customs prevailing between civilized nations in their
relations with one another. It is based upon the law of nature, the
law of right and wrong.
_Criminal law_ is the law governing criminal cases. It is partly
common law and partly statute law. "Ignorance of the law excuses no
one."
_Parliamentary law_ consists of the rules and customs governing
parliamentary assemblies. It prevails in all law-making bodies, in
conventions and deliberative meetings.
_Martial law_ is the law which regulates men in military service. It
prevails in the army and the navy. The courts which apply it are
called _courts martial_. Martial law is noted for its severity.
_Maritime law_, or _marine law_, is the law especially relating to the
business of the sea, to ships, their crews, and navigation. The courts
of maritime law are _admiralty courts_.
_Commercial law_ is a system of rules for the regulation of trade and
commerce. It is deduced from the customs of merchants.
COURTS.--Laws are administered, that is, explained and applied, by
means of courts. A _court_ is a body organized for the public
administration of justice. A court may consist of a single judge or
justice, or of a number of judges acting together.
A court can administer the laws only in cases which are brought before
it. The highest court in the land can not make an order or render a
judgment until the question comes to trial in a regular way.
SUITS.--_Suits at law_ are called _causes_, _cases_, or _actions_.
A _civil cause_ is a suit between persons, brought to recover rights or
to secure compensation for their infraction.
A _criminal cause_ is a charge brought by a State or by the United
States against a person for the commission of a crime.
The _plaintiff_ is the person who brings the suit. The _defendant_ is
the person against whom the suit is brought.
In all criminal cases in State courts, the State is the plaintiff; in
other words, society prosecutes the offender in the name of the State.
In criminal cases in the United States courts, the United States is the
plaintiff.
JUDGES.--The judge represents the majesty of the law, and is often
called the court. He maintains the dignity of the trial, determines
the method of procedure, interprets the law, instructs the juries,
renders judgment, and in criminal cases passes sentence upon the
offender. Judges are presumed to be learned in the law, and to be
perfectly just and impartial in their rulings.
JURIES.--Most of the courts of this country have two juries, called
respectively, _grand jury_ and _trial jury_ (or _petit jury_).
The purpose of the grand jury is to investigate crime, and to present
charges, called indictments, for trial by the court. The number of
grand jurors to the court varies in different States, being not more
than twenty-four and not less than twelve. The grand jury has a
foreman, elected by it, or appointed by the judge of the court.
The grand jury inquires into violations of the law, and if, in the
judgment of twelve jurors, the evidence in a particular case warrants a
trial, a formal written charge is prepared, and the foreman indorses
thereon, "_A true bill_." Upon this indictment the offender is tried
by the court.
In a few States grand juries are rarely if ever called, the indictment
being found "on information" or on evidence presented to a court
commissioner.
A trial jury usually consists of twelve men, but in some States a
smaller number may be accepted by the judge of the court, in certain
cases, by the agreement of the counsel upon the opposing sides. The
trial jury hears the testimony and argument, and then decides upon the
truth of the facts in dispute, and renders a verdict or decision in the
suit, and in criminal cases convicts or acquits.
In some States all the jurors must agree, or there is no verdict. In
other States the jury may render a verdict by the agreement of less
than the whole number of jurors. Under certain regulations a party to
a suit may _challenge_, that is, reject, a part or all of the jurors,
and have others selected in their stead.
ORIGIN OF JURIES.--Grand juries and trial juries are of great
antiquity. It is thought that they existed among the Saxons in the
north of Europe before they invaded and settled England, more than
fourteen hundred years ago. The jury system and many other political
institutions of the United States are derived from England.
Both the grand jury and the trial jury are firmly grounded in this
country, being recognized, in the constitutions of nearly all the
States and the Constitution of the United States, and are regarded as
among the strongest supports of a free government.
OFFICERS OF COURTS.--Each court has one or more ministerial officers,
variously designated as _constable_, _sheriff_, _tipstaff_, or
_marshal_. Each court also has one or more clerks, and sometimes other
officers. _Attorneys_ are considered officers of the courts in which
they practice. They usually represent the plaintiff and the defendant
in court and are then called _counsel_.
LEGAL PROCEEDINGS in civil cases begin by the court issuing a writ, at
the instance of plaintiff, summoning defendant to appear. The
defendant responding, pleadings are filed--the claims of plaintiff, and
answer or demurrer of defendant. If these disagree as to facts, the
court subpoenas witnesses. In the presence of judge and jury, the
plaintiff states his case and the defendant his defense, witnesses are
examined and cross-examined, and the case is argued. The judge then
charges the jury--summarizing the evidence and indicating points to be
decided; the jury retire to prepare their verdict, which is announced
and recorded as the judgment of the court.
In criminal cases the accused may be arrested on a grand jury
indictment or a magistrate's warrant. Unless the crime is murder, the
accused may be released upon bail until trial, which proceeds as in
civil cases.
SUGGESTIVE QUESTIONS.
1. Why does the State prosecute offenses, instead of leaving this duty
to private persons?
2. What is meant by passing sentence upon an offender?
3. Do you believe in the jury system, or in the trial by several judges
sitting together? Why?
4. Have you ever seen a court in session?
5. In this State a grand jury has how many members?
CHAPTER XVIII.
SUFFRAGE AND ELECTIONS.
SUFFRAGE.--The most important political right is the right of suffrage;
that is, the right to vote. As the government exists for the benefit
of the governed, the purpose of suffrage is to place it under their
control. It gives each qualified voter a voice in public affairs, and
places the country under the rule of the people.
As the interests of the voters and their families are the same, and as
the voters represent these interests, the whole people, including women
and children, have an influence in the government. The whole machinery
of the State and of the United States is in the hands of those who do
the voting.
IMPORTANCE.--The importance of this right can scarcely be
overestimated. It constitutes the difference between a free country
and a despotism. There can be no freedom unless the right to vote
resides in the people; nor can there be good government unless this
right is exercised with an intelligent regard for the public welfare.
Yet vast numbers of voters never realize the power they wield or the
great responsibility it entails upon them.
ELECTIONS.--The right of suffrage is exercised by means of elections.
An election is the direct method of ascertaining the will of the people
upon public affairs. They are held for the purpose of giving the
people opportunity to express their choice in the selection of
officers, and thus to make known their will upon questions of public
concern.
METHODS OF VOTING.--There are three methods of voting--_viva voce_, by
ballot, and by machine. A man votes _viva voce_ by announcing to the
election officers the name of the candidate of his choice, and having
it recorded upon the polling-list. A man votes by _ballot_ by handing
to the officers a slip of paper containing the name of the candidate
voted for. The officers deposit the ballots in a box called the
_ballot-box_. A voting machine has a knob or lever for each candidate,
and is so arranged that the voter can record one vote.
The _viva voce_ method was once considered the best; but voting by
ballot or by machine has supplanted it generally in the United States.
The Australian system provides at each polling-place a private
apartment, called a booth, where each voter in private prepares his
ballot from a printed list of all the candidates, and then hands it to
the officers, who deposit it in the ballot-box.[1]
OFFICERS OF ELECTIONS.--The officers of elections at each polling-place
are usually two or more supervisors, inspectors, or judges; a clerk;
and a sheriff, marshal, or other officer of the peace.
The _supervisors_ or inspectors decide who are entitled to vote under
the law, and in elections by ballot they deposit the ballots in the
ballot-box.
The _clerk_ makes a list of the names of voters, and when the election
is _viva voce_ he records the votes.
The _sheriff_ or other peace officer preserves order at the polls, has
charge of the ballot-box and polling-list after the election closes,
and delivers them to the proper authorities.
In most States, at the close of the election the officers _canvass_,
that is, examine the votes cast, and certify the number of votes
received by each candidate.
In some States the ballot-box is sealed at the close of the election,
and delivered to the canvassing board of the county. In such cases the
canvassing board of the county canvasses the vote, and in State and
national elections sends returns to the canvassing board of the State
at the State capital.
In some States election officers are appointed by the county officers,
usually by the county judge or probate judge; in other States they are
elected by the people.
BRIBERY.--Bribery in elections is one of the serious evils of politics.
_Bribery_ is offering or receiving a reward for voting. In most
States, in addition to other penalties, persons convicted of giving or
taking bribes are _disfranchised_; that is, are not permitted to vote
thereafter. In ancient Athens a man convicted of corrupting a voter
suffered the penalty of death.
The selling of a vote is regarded as one of the most infamous crimes
that men can commit. Not even the conviction of theft so lowers a man
in public esteem as a conviction of selling his vote, for bribery
savors of both theft and treason. To sell his suffrage is to sell his
manhood, his country, and his convictions. Most men who sell their
votes do it through ignorance; they are not aware of the enormity of
the crime. He who knows its infamy, and yet barters his suffrage for
money, is unworthy of the smallest trust, or even of the recognition of
honest men.
[1]For details regarding this system see Chapter XIX.
SUGGESTIVE QUESTIONS.
1. In what way are voters responsible for the government of the country?
2. Do you believe in frequent elections? Why?
3. Do you believe in public voting or in secret voting? Why?
4. Why should election officers be fair and honest men?
5. What do you think of vote-buying and vote-selling?
CHAPTER XIX.
THE AUSTRALIAN BALLOT SYSTEM.
ORIGIN.--The idea of the secret ballot system, now known under its
various modifications as the Australian Ballot System, was first
proposed by Francis S. Dutton, member of the legislature of South
Australia from 1851 to 1865. At that time the vices frequently
accompanying open elections had begun to flourish in Australia.
Bribery, intimidation, disorder, and violence were the order of all
election days. The plan was elaborated, and became a law under the
name of the "Elections Act" in 1857.
The beneficial results of this method soon became evident to other
countries, and the movement spread to Europe, Canada, and the United
States.
IN THE UNITED STATES.--A similar system to that originally adopted in
Australia was first introduced into the United States by its adoption
in 1888 in the State of Massachusetts and in the city of Louisville,
Kentucky. The next year the legislatures of Indiana, Montana, Rhode
Island, Wisconsin, Tennessee, Minnesota, Missouri, Michigan, and
Connecticut passed laws providing for new systems of voting, more or
less resembling the Australian system; and now their example has been
followed by almost all the other States.
PRINCIPLES.--Although there are many modifications of detail in the
statutes of the various States, there are two essential features of the
ballot-reform system which are everywhere observed:
_First_, An arrangement of polling, by which compulsory secrecy of
voting is secured, and intimidation or corruption of voters is
prevented.
_Second_, One or more official ballots, printed and distributed under
authority, on which the names of all candidates are found.
REQUIREMENTS.--The following are the requirements of the system:
Ballots must be provided by public expense, and none but these ballots
may be used. On these ballots should be printed the names of all
candidates who have been nominated previously to the election, with the
names of the offices for which they have been nominated and of the
parties they represent.
There are two forms of ballots: the _blanket ballot_ and the
_individual ballot_. The former is arranged in some States so as to
group candidates by parties, and in other States by the offices for
which they are nominated. In many cases the names of candidates are
alphabetically arranged, so that there can be no accusation of giving
one party or candidate precedence as to position on the ticket. In a
few cases, the name of the party to which the candidate belongs does
not appear on the ballot at all, but only the name of the office for
which he has been nominated; but in most cases the name of each party
is printed either at the head of the ticket or opposite the name of
each candidate, or in both places.
Where _individual ballots_ are used, a separate ballot is printed for
each party or independent ticket.
VOTING.--Special sworn clerks are engaged to distribute these ballots
to voters at the polls.
The voter is allowed a limited time--say five or ten minutes--to retire
into an election booth erected for the purpose, to make his choice of
candidates or ballots. If the blanket ballot is in use, he does this
by placing a cross opposite the name of the desired candidate or list
of candidates; or by crossing out all others; or by means of pasters
for the substitution of names. If individual ballots are provided, he
selects the one he prefers, or corrects it to his liking by pasting
upon it a single name or an entire ticket. If he prefers, he may write
the names of candidates of his own nomination in place of those already
printed. He, then, without communicating with any one, deposits his
ballot as his vote. Only one man is allowed to enter a booth at a
time, and none but the ballot clerks and the man about to deposit his
ballot are allowed within the enclosure erected for the purpose.
In some States the booths are separated one from the other merely by
partitions, as indicated in the cut, page 181; but in other States each
booth is a separate compartment with a door, which is closed to prevent
even a suspicion of any external observation.
[Illustration: (Page 181) Arrangement of polling place as required by
Massachusetts law.]
In many States, assistance is rendered to the illiterate or the blind.
In some cases, in order to aid those who can not read, each party
adopts a device, as an eagle or a flag, which is printed on the ballot.
In most States a voter who declares that he can not read, or that by
some physical disability he is unable to mark his ballot, may receive
the assistance of one or two of the election officers in marking it.
Every ballot must be strictly accounted for. If any person in
preparing a ballot should spoil it, he may obtain others, one at a
time, not exceeding three in all, provided he returns each spoiled one.
All ballots thus returned are either immediately burned or else
cancelled and preserved by the clerk.
ADVANTAGES.--The advantages which have already accrued from the
adoption of these laws are manifold:
_First_, A secret ballot offers an effectual preventive against
bribery, since no man will place his money corruptly without satisfying
himself that the vote is placed according to agreement.
_Second_, It secures the voter against the coercion, solicitation, or
intimidation of others, and enables him to vote according to the
dictates of his conscience.
_Third_, Bargaining and trading at the polls is prevented, and with
these much tumult, riot, and disorder must of necessity disappear.
_Fourth_, Money is made less of a factor in politics, and the poor man
is placed on a plane of equality with the rich as a candidate.
In addition to these obvious advantages, the ballot reform movement
promises to have much wider effects, and to pave the way and lay the
foundation for other political reforms.
FORMS OF BALLOTS.--On pages 185, 186, and 187 are given forms of
ballots and other matter illustrating various methods employed in
carrying out the ballot laws of the States. It will be observed that
each of these three ballots is representative of a different method.
In the _first_ ballot shown, no party name appears, and the names of
candidates for each office are arranged in alphabetical order. On this
form of ballot, which most resembles that used in Australia, the
individual candidate is made prominent, and party connection does not
appear at all.
_Second_, In the Massachusetts ballot, the names of the candidates are
arranged alphabetically under each office, but in addition to this, the
party name appears opposite the name of each candidate. On this form
of ballot, while the party connection of each candidate is indicated,
greater prominence is given to the individual, and the voter is
required to make choice of a candidate for each office separately. He
cannot vote a straight ticket by a single mark.
_Third_, In the _Indiana_ ticket, the names are grouped according to
party, not according to office, the party name appearing at the head of
the ballot as well as at the side of each name. On this form of
ballot, the party connection of the candidate is made most prominent,
and while provision is made for voting for individuals representing
different parties, still the voting of a straight ticket is made most
easy.
Many States use the party-column principle of the Indiana ticket, but
modify the form of the ticket in various details. The party emblem is
sometimes omitted from the circle used in voting a straight picket, or
placed just above that circle. The square opposite each candidate's
name is sometimes placed after the name instead of before it; and is
usually left blank.
A _fourth_ form, namely, that of the _individual ballot_ as used in the
State of _New Jersey_, can not be here shown, as a separate ballot is
required for each party or each independent nomination. These separate
ballots are all _official_, and are furnished at public expense; but
the use of an _unofficial_ ballot is practically allowed, since the
voter is permitted to take to the voting booth a paster ballot
containing a complete party ticket, printed and furnished at party
expense. This he can paste over the official ballot and deposit as his
vote.
[Illustration 1: First form of ballot type: City Ballot--no party
names, candidate names in alphabetic order.]
[Illustration 2: Second form of ballot type: Massachusetts Official
Ballot.]
[Illustration 3: Third form of ballot type: Indiana State Ballot.]
SUGGESTIVE QUESTIONS.
1. What is meant by the Australian ballot system?
2. Name some places in the United States in which a similar system of
reform has been adopted.
3. What are the essential principles of the system?
4. What are the necessary requirements for carrying out the law?
5. What is the object in providing official ballots?
6. Describe two kinds of polling booths used.
7. What are the obvious advantages of the reform?
8. Describe the characteristic forms of ballot used in various States
which have adopted the reform.
9. Mention the advantages and the disadvantages of the city ballot
shown on page 185.
10. Compare the Massachusetts ballot with the Indiana ballot, and note
their differences.
QUESTION FOR DEBATE.
Which system of voting is likely to secure the best public officers:
that represented in the city ballot of 1890, in the Massachusetts
ballot, or in the Indiana ballot?
CHAPTER XX.
PARTIES AND PARTY MACHINERY.
Wherever the right to vote exists, the people naturally form themselves
into political parties.
A _political party_ is an organization of voters maintained for the
purpose of impressing its principles upon the public policy of the
country. Men have divers views as to the duties, scope, and proper
measures of the government, and these divers views lead to the
formation of opposing parties. In a free country the majority must
rule, and parties are the means by which majorities are ascertained.
ORIGIN.--Parties usually grow out of questions of legislation, rather
than out of questions of executive management or judicial
interpretation. In other words, a party is formed to influence the
passage of laws, rather than their execution or their application by
the courts. But, when parties are once formed, they usually extend
their influence to the selection of officers of all grades and all
departments, even the least important officials of a township or civil
district.
The presidential election has come to be the most exciting and bitter
of all political contests, because of the large influence which the
President exerts upon national legislation, and because of the immense
patronage of his office.
NECESSITY.--Parties appear to be a necessity in all free governments.
They serve as check upon one another, as the party in power is
responsible for the public policy of the country. If the people are
dissatisfied with the party in power, they can displace it and elect
another in its stead. Parties are therefore placed upon their good
behavior, and made to feel their responsibility to the people.
If there were no party organizations, many of the views of a candidate
would not be known, and there could be no assurance that he would be
true to the interests of the majority electing him. The fact that a
public man is a member of a certain party shows many of the views which
he entertains and the principles which he may be expected to support.
Party government is often bad, but as the party is responsible for the
conduct of all officers elected by it, party government, especially in
legislative affairs, is better than personal government, in which no
one but the officer himself is responsible for his official conduct.
PARTY MACHINERY.--The machinery of parties in this country is very
complex, and is closely interwoven with our system of government. Each
party must select candidates for the various offices in the gift of the
people, in order that it may exert its greatest power in elections and
in public affairs. The people in each party must have a voice in the
selection of candidates for township offices, district offices, county
offices, State offices, and President and Vice President of the United
States. Therefore each party has a system of committees, conventions,
primary elections, and caucuses, for ascertaining the choice of its
members for these various offices.
Parties and party machinery are not generally provided for in the law,
but they exist by a custom almost as old as the government, and are
firmly fixed in our political system.
COMMITTEES.--Each of the great parties has a _national committee_,
consisting of one member from each State and Territory, chosen by its
national convention. The national committee is the chief executive
authority of the party. It calls the national convention, fixes the
time and place for holding it, and the representation to which each
State and Territory is entitled. It appoints a sub-committee of its
members, called the _campaign_ or _executive committee_, which conducts
the political canvass or campaign, for the party.
The campaign committee distributes pamphlets, speeches, newspapers, and
other political documents among the voters of the country; selects
public speakers; makes appointments for them to speak; arranges for
party meetings; collects funds to bear the expenses of the campaign,
and has a general oversight of the party work in all the States.
Each party also has a State committee in each State, usually consisting
of a member from each congressional district, in some States consisting
of a member from each county; a district committee in each
congressional, judicial, senatorial, and representative district,
consisting of a member from each county composing the district; a
county committee, consisting of a member from each township or civil
district; and in some States, various other committees.
Each of these committees performs for the division for which it is
selected duties similar to those which the national committee performs
for the whole Union.
CONVENTIONS.--The method of ascertaining the choice of a party in the
selection of candidates is either by a primary election or by a
convention.
A _political convention_ is an assemblage of the voters of a party,
either in person or by representatives called delegates. If the voters
assemble in person, the convention is called a primary or mass meeting.
The purpose of a convention may be to select candidates for office, to
send delegates to a higher convention, to adopt a declaration of
principles, or to decide upon a party policy. It is common for two or
more of these purposes to come before the same convention.
CALLING CONVENTIONS.--In the year of the presidential election, the
national committee calls a national convention, naming the time and
place, and the representation of each State. The State committee calls
a State convention to send delegates to the national convention; and,
if a State election is approaching, it may direct that the convention
shall also select candidates for State offices. In response to this
call, the county committees order county conventions in all the
counties of the State to send delegates to the State convention, and
perhaps to select candidates for county offices. In some States the
township committees order township conventions in all townships for the
purpose of sending delegates to the county conventions, and perhaps to
name candidates for township offices.
It will be seen that the calling of the various conventions connected
directly or indirectly with the selection of candidates for President
and Vice President proceeds from the highest downward. The same order
is observed in other conventions, the call always beginning with the
highest committee concerned and proceeding to the lowest.
LOCAL AND STATE CONVENTIONS.--The order of holding a system of
conventions, however, proceeds from the lowest to the highest. The
township holds a convention and sends delegates to the county
convention. The county convention sends delegates to the State
convention, and the State convention sends delegates to the national
convention.
DELEGATES CHOSEN BY PRIMARIES.--In many states the delegates to all
conventions are elected by the members of the party at primary
elections. In some states even the delegates to the national
convention are chosen in this manner.
NATIONAL CONVENTION.--A national convention is an important assemblage.
It contains many distinguished men, and exerts great influence on the
history of the country. A national convention usually consists of more
than a thousand delegates. In a Democratic convention, for instance,
there are four delegates from each State, two from each congressional
district, and a few from the Territories.
In the selection of delegates to the national convention, the State
convention often selects four, representing the two United States
senators, and the members of the convention from each congressional
district select two, representing the lower house of Congress. For
each delegate the State convention also selects an _alternate
delegate_, who attends the national convention in case the regular
delegate can not be present.