Our political system leaves the various functions of government to the smallest political communities that can perform them efficiently. The county has charge of all public interests that can be managed by it as well as by the State. Many public affairs, such as popular education,[1] private corporations, and the organization of the smaller political divisions, can be better managed by the State than by the National Government, and are therefore properly left to the State's direction.

Parts of the country widely separated differ in climate and soil, giving rise to different industries and occupations, which require different laws, made and administered by different States. The State serves as a convenient basis for the apportionment of members of both houses of Congress, and State institutions preserve and develop the local individuality and self-reliance of the people.

FUNCTIONS.—The functions of the State are very extensive, including the greater part of those acts of government which preserve society by affording security to life, liberty, property, and the pursuit of happiness.

The State government touches the citizens at most points; that is, all those laws that concern the body of the people in their ordinary daily life are made and enforced by the State, or by the smaller political divisions of the State, acting under the State's directions. Officers discharge their duties, arrests are made, courts are held, offenders are punished, justice is meted out, and taxes are collected, by the authority of the State.

The National Government has similar functions to perform in every part of the country, but they are far less frequent than those of the State.

INSTITUTIONS.—The State maintains a number of charitable and other institutions for the public welfare. It makes appropriations of land or money for the support of asylums, prisons, reformatories, scientific institutions, schools, colleges, and universities. The support of these institutions, the payment of salaries, the administration of justice, and the conduct of other public interests, involve large annual expenditures, often amounting to several millions of dollars.



CITIZENS.

The citizens of a State are the people who live in it, whether natives of the United States, or foreigners who have been adopted. Persons who are citizens of the United States are thereby citizens of the State in which they reside. They have all the rights that freemen can possess, and enjoy a larger freedom than do the people of any other country.

The legal voters, often called electors, are the male citizens who have resided in the State, the county, and the township, or voting precinct, the time required by law to entitle them to vote. The length of residence required in the State varies, being two years in some, six months in others, and one year in most States. Several States permit citizens of foreign countries to vote, and a few permit women to vote.

RIGHTS.—Every citizen has the right to be secure in his person; to be free from attack and annoyance; to go when and where he may choose; to keep, enjoy, and dispose of his property; and to provide in his own way for the welfare of himself and of those dependent upon him.

The rights of the people are set forth at length and with great precision in a portion of the State constitution called the Bill of Rights. These rights must be exercised under the restrictions of the law, and with due regard for the same rights held by others.

The legal voters have the right to vote in all local, State, and national elections. They are voters in national elections by virtue of being voters in State elections. The right to vote implies the right to be voted for, and the right to hold office; but for many officers the State requires a longer residence and other qualifications than those prescribed for voters.

DUTIES.—For every right, the people have a corresponding duty; and for every privilege they enjoy, there is a trust for them to discharge. The large personal freedom possessed by the American citizens imposes equally as large public responsibilities. It is the duty of every citizen to obey the law, to aid in securing justice, to respect authority, to love his country, and to labor for the public good. No one can be a useful member of society unless he respects the laws and institutions of the land. The people themselves have established this government, both State and national; it exists for them, and therefore they owe it honor and obedience.

It is the duty of every voter to study the interests of the country, and to vote for persons and measures that, in his opinion, will best "promote the general welfare." In this country, government is intrusted to the whole people, and they can govern only by expressing their will in elections. Therefore the majority must rule. The majority will sometimes make mistakes, but these will be corrected after a time. In order that good government may ensue, good citizens must take part in elections. The privilege of suffrage is conferred upon an implied contract that it will be used for the public good. He who fails to vote when he can, fails to perform his part of the contract, fails to fulfill his promise, and fails to respect the government that protects him.



CONSTITUTION.

The constitution is often called the supreme law of the State. In other words, it is the supreme act of the people, for the purpose of organizing themselves as a body politic, of formulating their government, and of fixing the limits of its power. It is a contract between the whole society as a political body, and each of its members. Each binds himself to the whole body, and the whole body binds itself to each, in order that all may be governed by the same laws for the common good. The constitution of each State is a written instrument, modeled after the Constitution of the United States, with which it must not conflict.

The constitutions of England and most other countries of Europe are unwritten. They consist of the common usages and maxims that have become fixed by long experience. In those countries, when a new political custom grows into common practice it thereby becomes a part of the national constitution.

FORMATION AND ADOPTION.—As the whole people can not assemble in one place to frame and adopt a constitution, they elect delegates to a constitutional convention. The convention usually meets at the capital, deliberates, frames articles for a proposed constitution, and in nearly all cases submits them to the people. The people make known their will in a general election, and if a majority vote in favor of adopting the proposed constitution, it becomes the constitution of the State. If the proposed constitution is rejected, another convention must be called to propose other articles to be voted upon by the people.

PURPOSES.—The purposes of the constitution are to guard the rights of the people, to protect the liberties of the minority, to grant authority to the government, to separate the functions of the three departments, to prescribe the limits of each, and to fix in the public policy those maxims of political wisdom that have been sanctioned by time.

The special tendency in recent amendments of State constitutions has been to limit the power of the legislature. Constitutions, like other political institutions, are largely matters of growth, and from time to time must be revised to meet the changing wants of society. For this purpose the constitution of almost every State contains a provision, called the open clause, which authorizes the legislature, under certain restrictions, to propose amendments to the constitution to be adopted or rejected by a vote of the people.

VALUE.—The people of any State may, at their pleasure, frame and adopt a new constitution, which must be in harmony with the Constitution of the United States. The right to make their own constitution is one of the highest and most important rights that freemen can possess. It is in this and in the right of suffrage that their freedom principally consists.

The constitution protects the people by prescribing the limits of official authority. The legislature can not legally pass a law which the constitution of the State forbids, and when such a law is passed it is declared unconstitutional by the State courts. A provision of a State constitution becomes void when declared by the supreme court of the United States to be in conflict with the national Constitution.

CONTENTS.—The constitutions of the several States are based upon the Constitution of the United States as a model, and are therefore much alike in their general provisions. Each contains:

A preamble setting forth the purposes of the constitution;

A lengthy declaration called the bill of rights;

Provisions for distributing the powers of government into three departments; and

Articles relating to suffrage, debt, taxation, corporations, public schools, militia, amendments, and other public affairs.



BILL OF RIGHTS.

The bill of rights usually declares various rights of the citizen which may be classified under the heads of republican principles, personal security, private property, freedom of conscience, freedom of speech and of the press, freedom of assembly, and freedom from military tyranny.

REPUBLICAN PRINCIPLES.—Under this head the bill declares:

That all power is inherent in the people;

That governments exist for their good, and by their consent;

That all freemen are equal;

That no title of nobility shall be conferred;

That exclusive privileges shall not be granted except in consideration of public services;

That all elections shall be free and equal.

PERSONAL SECURITY.—In the interests of the personal security of the citizen it is provided:

That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches;

That warrants to seize and to search persons and things must describe them by oath or affirmation;

That there shall be no imprisonment for debt, except in cases of fraud.

PRIVATE PROPERTY.—To secure the rights of private property, the bill declares:

That private property shall not be taken for public use without just compensation;

And, in some States, that long leases of agricultural lands shall not be made.

FREEDOM OF CONSCIENCE.—To induce the entire freedom of conscience of the citizen it is declared:

That there shall be perfect religious freedom, but not covering immoral practices;

That there shall be no State church;

That no religious test shall be required for performing any public function;

That the rights of conscience are free from human control.

FREEDOM OF SPEECH AND OF THE PRESS.—To maintain the rightful freedom of the press, the bill guarantees:

That printing-presses may be used by all;

That every citizen may freely speak, write, and print upon any subject—being responsible for the abuse of the right.

FREEDOM OF ASSEMBLY.—The right of assembly is secured by the provision:

That the people may peaceably assemble for the public good, to discuss questions of public interest; and

That they may petition the government for redress of grievances.

FREEDOM FROM MILITARY TYRANNY.—To guard against abuses by the military, it is declared:

That the military shall be in strict subordination to the civil power;

That no standing army shall be maintained in time of peace;

That in time of peace no soldier shall be quartered in any house without the owner's consent;

That the right of people to bear arms shall not be questioned. This does not authorize the carrying of concealed weapons.

FORBIDDEN LAWS.—To insure the people against improper legislation, the bill of rights provides:

That no ex post facto law or law impairing the validity of contracts, shall be made;

That no bill of attainder shall be passed;

That no power of suspending laws shall be exercised except by the legislature.

RIGHTS OF THE ACCUSED.—Among the worst abuses of tyranny in all ages have been the corruption of the courts and the denial of the rights of common justice. To guard against these it is expressly provided:

That the writ of habeas corpus shall not be suspended except when, in cases of rebellion or invasion, the public safety may require it;

That, except in capital cases, persons charged with crime may give bail;

That no excessive bail shall be required;

That all courts shall be open;

That the accused shall have a speedy trial in the district in which the offense was committed;

That the ancient mode of trial by jury shall be maintained; but civil suits, by consent of the parties, may be tried without a jury;

That all persons injured in lands, goods, person, or reputation shall have remedy by course of law;

That the accused shall be informed of the nature of the charges against him;

That he shall be confronted by the witnesses against him;

That he shall be heard in his own defense, and may have the benefit of counsel;

That he shall not be required to testify against himself;

That he shall not be deprived of life, liberty, or property except by due process of law;

That no cruel or unusual punishment shall be inflicted;

That no one shall be twice placed in jeopardy for the same offense.

No citizen of the United States would deny the justice of these declarations. They are so reasonable it seems strange that they should ever have been questioned. "But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave their blood and treasure."[2]

It was to secure and maintain a part of these rights that the American colonies went to war with Great Britain, and made good their Declaration of Independence by an appeal to arms.

Most of these rights are preserved in the Constitution of the United States, to prevent encroachments upon the liberties of the people by the General Government. They are repeated in the State constitution in order that they may not be invaded by the State Government. There is also a provision in the constitution of the State which declares that "the enumeration of certain rights shall not be construed to deny or disparage others retained by the people."

[1]Popular education must command the sympathy and respect of the people in each locality in order to remain "popular." While the State, therefore, enforces a general system of public schools, it leaves all the details of local management with the people most closely related to the particular school. The people esteem that which they create and control.

[2]McCleary's Studies in Civics.

SUGGESTIVE QUESTIONS.

1. Why are the smaller political communities subject to the State?

2. Give the names of the thirteen original States.

3. What is meant by States having different industries and occupations?

4. How do State institutions develop the self-reliance of the people?

5. Name some acts of government which you have seen the State perform.

6. What are charitable institutions?

7. How is justice administered?

8. Wherein are the people of this country freer than other people?

9. How long must a person live in this State to entitle him to vote?

10. What is meant by being secure in person?

11. Read the bill of rights in the constitution of your State.

12. What is a body politic?

13. Why can not the whole people assemble to form a State constitution?

14. What is meant by taking private property for public use?

15. How may the right to speak and print be abused?

16. What is meant by the military being subordinate to the civil power?

17. Are all cases tried by jury?

QUESTION FOR DEBATE.

Resolved, That there should be an educational qualification for suffrage.



CHAPTER VIII.

THE STATE—(Continued).

GOVERNMENT DEPARTMENTS.—The State government is based upon the State constitution. It has a legislative department charged with the making of the laws, an executive department to enforce the laws, and a judicial department to explain and apply the laws. Each of the departments is independent of the others, being supreme within its own sphere.

The American people believe that the functions of making, of enforcing, and of explaining the laws, should forever be separate and distinct. Experience has shown that it is dangerous to the liberties of the people to permit either of the three departments of government to trespass upon the functions of the others. Therefore, the limits of each department are well defined, and its power closely guarded, by the constitution and laws of the State.



LEGISLATIVE DEPARTMENT.

The legislative or law-making power of the State is vested in the legislature, sometimes called the general assembly, and in some States known as the general court, or legislative assembly. The legislature is composed of two bodies, or houses, called respectively the Senate and the House of Representatives. In New York the latter body is known as the Assembly, in New Jersey it is called the General Assembly and in some States the House of Delegates. A bill must be passed by both branches of the legislature in order to become a law. The proceedings of the legislature should be made public, and therefore the sessions are open, and the constitution requires each house to keep and publish a daily record, called the Journal.

QUALIFICATIONS.—The State constitution prescribes the age, the length of residence, and other legal qualifications for membership in each branch of the legislature. The constitutions of most States fix a longer term of office and require a more mature age for senators than for representatives. In addition to these legal qualifications a legislator should be a man of unswerving honesty, of broad information, of close thought, well versed in the principles of government, acquainted with the needs of the country, and faithful to the interests of the whole people.

PRIVILEGES.—Each branch of the legislature consists of members elected by the people. Senators and representatives are responsible for their official acts to the people, and to the people alone. Except for treason, felony, and breach of the peace, members of the legislature are privileged from arrest while attending the sessions of their respective houses, and while going thereto and returning therefrom. For any speech or debate in either house, a member thereof can not be questioned in any other place.

Each house adopts rules for its own government. Each house also elects its own officers, except that in most States the people elect a lieutenant-governor, who is also president of the Senate. These various privileges are granted in the State constitution in order that the actions of the legislature may be free from all outside influences.

POWER.—The constitution of the State defines the limits of the power vested in the legislative department. The legislature may enact any law not forbidden by the Constitution of the State or of the United States. Every act passed is binding upon the people unless it is declared by the courts to be unconstitutional. An act of the legislature, when declared to be unconstitutional, thereby becomes void; that is, it ceases to have any legal force.

SESSIONS.—The legislature meets at the State Capitol. In a few States the legislature holds annual sessions, but in far the greater number it meets biennially; that is, once every two years. In many States the constitution limits the session to a certain number of days, but in a few of these States the legislature may extend its session by a special vote of two-thirds of each house. A majority constitutes a quorum for business, but a smaller number may meet and adjourn from day to day in order that the organization may not be lost.

FUNCTIONS.—The legislature enacts laws upon a great variety of subjects. It fixes the rate of State taxation, it provides for the collection and distribution of State revenue, creates offices and fixes salaries, provides for a system of popular education, and makes laws relating to public works, the administration of justice, the conduct of elections, the management of railways and other corporations, the maintenance of charitable and other institutions, the construction and repair of public roads, the organization of the militia, the conduct of prisons and reformatories, and a number of other public interests.

FORBIDDEN POWERS.—The Constitution of the United States forbids any State to exercise certain powers:

(1) No State can enter into any treaty, alliance, confederation, contract, or agreement with any other State, or with a foreign power; issue commissions to vessels authorizing them to capture and destroy the merchant ships of other nations; coin money; issue paper money; make any thing but gold and silver coin a legal tender for the payment of debts; pass any bill inflicting the penalty of death without a regular trial, or any law fixing a penalty for acts done before its adoption, or any law affecting the provisions of contracts made before its passage; or grant any title of nobility.

(2) No State can, without the consent of Congress, lay a tax or duty on imports or exports, except what is necessary in executing its inspection laws. The net proceeds of all duties laid by any State for this purpose must be paid into the treasury of the United States; and all such laws are subject to the revision and control of Congress. Without the consent of Congress, no State can tax ships, keep troops or ships of war in time of peace, or engage in war unless invaded or in imminent danger.

(3) "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

(4) "[No] State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave."

THE SENATE.—The Senate is a less numerous body than the House of Representatives. The presiding officer is addressed as "Mr. President" or "Mr. Speaker," the title varying in different States. There is also a chief clerk, with assistants, who keeps the records; a sergeant-at-arms, who preserves order on the floor; a doorkeeper, who has charge of the senate chamber and its entrances, and a number of subordinate officers.

The Senate has two functions not belonging to the House of Representatives: 1. When the governor nominates persons for appointment as officers of the State, unless the Senate advises and consents to the nominations, the appointments are void; 2. When the House of Representatives presents articles of impeachment against an officer of the State, the Senate sits as a court to try the charges.

HOUSE OF REPRESENTATIVES.—The House of Representatives is often called the popular branch of the legislature. It is sometimes designated as the "House." The title of the presiding officer is "Mr. Speaker." The other officers usually have the same titles and duties as those of the Senate.

In many States bills raising revenue, and in some States bills making appropriations, must originate in the House of Representatives. This body also has the sole power of impeachment. Usually when charges affecting the official conduct of an officer of the State are brought before the legislature, the House of Representatives appoints a committee to investigate the charges and report. If the report warrants further action, the House adopts charges of official misconduct, or of high crimes and misdemeanors in office. This proceeding is called an impeachment.

The Senate sits as a court of impeachment, hears the evidence, listens to the argument by the managers and the counsel for the accused, and then condemns or acquits. The judgment in cases of impeachment is removal from office and disqualification to hold any office of honor, trust, or profit under the State.

DIRECT LEGISLATION.—In order to give fuller and quicker effect to the will of the people in law making, recent provisions in the constitutions of some States provide for the initiative and referendum. By the initiative a certain number of voters may petition for the enactment of a law set forth in the petition. If the legislature does not pass the act petitioned for, it may be enacted by the people, voting on it in a general or special election—the referendum. On petition of a certain number of voters also, a referendum may be ordered as to a bill passed by the legislature, to which the petitioners object, giving the people the opportunity to ratify or reject the proposed law.

These methods of direct legislation have been applied also to the making of constitutional amendments, and to some city, as well as some state governments.

SUGGESTIVE QUESTIONS.

1. Why is the State legislature composed of two houses?

2. Why should the proceedings of the legislature be public?

3. Why should senators and representatives be free from arrest while discharging their public duties?

4. How often does the legislature of this State meet?

5. What is the limit of its session?

6. Can its session be extended?

7. What is a reformatory?

8. What are the age and number of years of residence required of a State senator in this State? Who is the senator from this district?

9. What is a bill for raising revenue?

10. What are the age and number of years of residence required of a representative in this State? Who is the representative from this district?

QUESTION FOR DEBATE

Resolved, That a State legislature should not have more than forty senators and one hundred representatives.



CHAPTER IX.

THE STATE—(Continued).

When the laws are enacted it becomes necessary that some one be charged with seeing that they are duly executed and obeyed. The people's representatives in the legislative department make the laws. The people's servants in the executive department execute the laws.



EXECUTIVE DEPARTMENT.

The chief executive officers of the State are the governor, the lieutenant-governor, the secretary of state, the auditor or comptroller, the treasurer, the attorney-general, and the superintendent of public instruction, who, in most States, are elected by the people. Besides these, an adjutant-general, a commissioner of agriculture, a commissioner of insurance, railway commissioners, a register of the land office or land commissioner, and in some States other subordinate officers, are usually appointed by the governor, and confirmed by the Senate.

The higher State offices are provided for in the constitution, while the subordinate offices are created by act of the legislature. Several States have no lieutenant-governor; in some the secretary of state and the superintendent of public instruction are appointed by the governor, and in others some of the subordinate officers are elected by the people. The titles of many of these officers vary in different States.

The terms of the State officers elected by the people are usually alike in the same State, but in some States there are differences. In several States the terms of the auditor and the treasurer are less than those of the other officers.

GOVERNOR: TERM, QUALIFICATIONS.—The supreme executive authority is vested in the governor, who is therefore sometimes called the chief executive of the State. His position is one of great dignity and influence.

The term of office is one, two, three, or four years, varying in different States, and in some the constitution prohibits any person from serving two terms in succession.

The legal qualifications of the office of governor vary in different States. He must be a citizen of the United States; must have resided in the State at least a fixed term of years; must not be under a certain age, usually thirty years; and in some States must own property of a given value.

POWERS, DUTIES.—The governor is commander-in-chief of the military forces of the State, and represents it in its dealings with other States. He may call on all other executive officers for written information concerning their respective duties. He is presumed to be well informed upon the affairs of the people, and is therefore required to give the legislature information as to the condition of the State, and to recommend the passage of such laws as he deems proper and expedient.

The governor may call special meetings of the legislature to consider questions of great and immediate public concern. At the opening of each session he addresses a regular message to the legislature, and from time to time submits special messages upon various subjects.

All acts of the legislature are presented for his approval and signature. If he approves and signs them, they become laws; if he retains them for a certain number of days without signing them, they become laws without his signature; if he refuses to approve them, he returns them within the specified time to the house in which they originated, with a statement of his objections.

This action is called a veto, and the vetoed measure, in order to become a law, must pass both houses again, and in some States must secure a two thirds vote of each house.

The governor may grant reprieves and pardons, except in cases of impeachment, and in some States, of treason. In some States this power is limited by a board of pardons, which must recommend a pardon before it can be granted by the governor; and in others the consent of one branch of the legislature must be obtained.

Treason against the States consists in an open or overt act of "levying war against them, or in adhering to their enemies, giving them aid and comfort."

To reprieve is to delay or postpone for a time the execution of the sentence of death upon a criminal.

To pardon is to annul a sentence by forgiving the offense against the law, and by releasing the offender.

The governor may also commute the sentence of an offender by exchanging the penalty for one less severe.

LIEUTENANT-GOVERNOR:—The term and qualifications of the lieutenant-governor are the same as those of the governor. The lieutenant-governor is also president or speaker of the Senate, but votes only in case of a tie. In States having no lieutenant-governor, the Senate elects its presiding officer.

In case of the death or resignation of the governor, the lieutenant-governor becomes governor of the State. In States having no lieutenant-governor, special laws provide for filling vacancies in the office of governor.

When the chief executive is absent from the State, or disabled, the lieutenant-governor performs the duties of the office.

SECRETARY OF STATE.—The secretary of state is the keeper of all State papers, and usually of the great seal of the State. In some States he is ex officio auditor. He keeps a record of the proceedings and acts of the legislature and of the executive department of the State government.

He certifies to the correctness of State documents and commissions, indexes the laws, and attends to their printing and distribution, except in States having a superintendent of printing. He receives and preserves the returns of elections, and in some States has charge of the State buildings at the capital.

AUDITOR, OR COMPTROLLER.—The auditor is the financial agent of the State, and in some States acts as register of the land office, and in others as commissioner of insurance. He is also the State's bookkeeper, and attends to the collection of its revenue. He examines and adjusts claims and accounts against the State, and orders the payment of such as he approves. He receives moneys paid to the State, deposits them with the treasurer, and takes receipt therefor. No funds can be paid out of the State treasury except upon the auditor's warrant. He makes an annual or biennial report, showing the financial condition of the State. In some States having no auditor, these various duties fall to other officers, chiefly to the secretary of state.

TREASURER.—The treasurer is custodian of the funds of the State. He receives the State's revenues from the auditor, and pays them out only upon the auditor's warrant, keeping an accurate account of all sums paid. The treasurer and the auditor (and also the secretary of state when he handles State funds) give heavy bonds for the faithful performance of their duties.

ATTORNEY-GENERAL.—The attorney-general is a lawyer who acts as attorney for the State in law cases to which the State is a party. His duties pertain chiefly to the higher courts of the State. He is the legal adviser of the State officers, and, when requested by them, gives opinions upon points of law.

He prosecutes persons who are indebted to the State, and assists in bringing to justice those charged with crime. He represents the State in its legal business in the supreme court at Washington, and in the other courts of the United States.

SUPERINTENDENT OF PUBLIC INSTRUCTION.—The superintendent of public instruction has charge of the public school system, and thus superintends one of the largest interests of the State. He has the general management of State teachers' institutes, and in some States he has an official connection with the State university and the State normal schools, either as a member of the faculty or as president or secretary of the board of trustees.

He is an officer of, and usually president of, the State board of education, a body generally consisting of from three to seven members, and in most States composed, in part, of other high officers of the State. The State board of education decides questions of school law, and performs other important duties varying in different States.

The superintendent of public instruction makes an annual or biennial report to the legislature, showing the condition of the public schools and suggesting amendments to the system. In many States the superintendent is elected by the people; in some he is appointed by the governor; in others he is elected by the State board of education, and, as president or secretary of that board, is ex efficio superintendent of public instruction.

OTHER OFFICERS.—The adjutant-general is the active officer of the State militia.

The commissioner of agriculture, sometimes called the secretary of the board of agriculture, looks after the agricultural interests of the State.

The commissioner of insurance oversees the insurance companies doing business in the State.

The railway commissioners assess the value of railway property, and to a limited extent regulate charges on railway lines.

The register of the land office, or land commissioner, keeps in his office the patents or title-deeds of land issued by the State in its early settlement, and furnishes copies of land patents and warrants to those who desire them. In a few States this officer is elected by the people.

The State librarian has charge of the State library, and in some States is superintendent of the State buildings at the capital.

In a few States there are other executive officers, among whom may be named:

A surveyor-general, who surveys the public lands, and keeps in his office maps of counties and townships;

A State engineer, who superintends the construction and repair of canals and levees;

A commissioner of statistics, who collects statistics relating to public interests;

A commissioner of immigration, who attends to the interests of immigrants;

A labor commissioner, who looks after the interests of the laboring classes;

A bank inspector, or superintendent of banking, who inspects State banks for the protection of the public; and

A State examiner, who investigates the conduct of State institutions, and inspects the State offices, in order to secure honesty and efficiency in public affairs.

In some States two or more of these offices are combined, and in others their duties are performed by the higher officers of the State.

SUGGESTIVE QUESTIONS.

1. What is the term of office and what the name of the governor of this State?

2. What are the age and the length of residence required of him?

3. How many terms can he serve in succession?

4. Has this State a lieutenant-governor?

5. If so, name his qualifications.

6. What is the great seal of the State?

7. What is the necessity of an auditor?

8. Why should the superintendent of public instruction make a report?

QUESTION FOR DEBATE

Resolved, That the governor should hold the power of veto.



CHAPTER X.

THE STATE—(Continued).

JUDICIAL DEPARTMENT.

PURPOSES.—The judicial department of the State government exists for the sole purpose of administering justice; that is, for the purpose of interpreting the laws and of applying them to particular cases. The legislature makes the laws, but it can not execute them. The governor recommends the passage of certain laws, and holds the veto power; but he has no law-making power, nor can he try the most trivial suit.

So the judiciary has no voice in making or in executing the laws, its sole function being to decide their meaning and to apply them in securing justice. The legislative and executive departments may assist, but it is the peculiar province of the judiciary to protect society and to maintain the rights of the people.

SUPREME COURT.—The higher courts of the State are of two classes—those whose jurisdiction includes the entire State, and those whose jurisdiction is confined to particular districts.

The Supreme Court, called in some States the Court of Appeals, is the highest court of the State. The number of the judges of the supreme court varies in the different States, there being a chief justice and from two to eight associate justices in each State.

In some States the Justices are elected by the people; in others they are elected by the legislature; and in some they are appointed by the governor, and confirmed by the Senate.

The term of office is lengthy, not less than four years in any State, except Vermont, where it is two years; six, seven, eight, nine, ten, twelve, fourteen, or fifteen years in most States; twenty-one years in Pennsylvania; during good behavior in Massachusetts; until the judges are seventy years of age in New Hampshire; and practically for life in Rhode Island.

The jurisdiction of the supreme court, or court of appeals, extends over the entire State. It holds sessions at the State capital, and in some States at other prominent places, and is chiefly engaged in the trial of cases in which appeals have been taken from the decisions of the lower courts.

Its decision is final, but in cases in which it is alleged that the State law is in conflict with the constitution or laws of the United States, appeals may be taken to the United States Supreme Court at Washington.

DISTRICT, OR CIRCUIT COURT.—The people most commonly resort to the district court, circuit court, or superior court, as it is variously called in different States, to secure justice. In it are tried the great body of important civil and criminal cases, and also appeals from the lower courts.

The jurisdiction of the district court is limited to a district created by the State constitution or by act of the State legislature. In some cases the district consists of a single county; usually it includes two or more counties, the court being held successively in each county of the district.

In each district there is usually one district judge, who is elected by the people, appointed by the governor, or elected by the legislature.

The term of office in most States is four, six, or eight years.

In some of the districts of certain States there are criminal courts having jurisdiction in criminal cases, and chancery courts or courts of common pleas having jurisdiction in certain civil cases.

In some States there is a high court of chancery having State jurisdiction, and in others there is a superior court which has State jurisdiction, and whose rank is between the supreme court and the district courts.



TERRITORIES.

ORGANIZATION.—Congress organizes the public domain into Territories, fixes their boundaries, and establishes their governments. The act of organization is passed as soon as the population is dense enough to require governmental authority.

EXECUTIVE DEPARTMENT.—The governor and the secretary of the Territory are appointed by the President of the United States, with the consent of the United States Senate, and serve for four years, unless removed. The governor appoints a treasurer, an auditor or comptroller, a superintendent of public instruction, an attorney-general, and several other territorial officers.

LEGISLATIVE DEPARTMENT.—The legislature consists of a senate of eight or fifteen members, and a house of representatives of sixteen or thirty members elected by the people of the Territory. The senate is sometimes called the upper house of the legislature. Although the governor and the legislature rule the Territory, all laws passed by them must be submitted to Congress, and, if disapproved, they become null and void.

JUDICIAL DEPARTMENT.—The judiciary consists of a supreme court and inferior courts. The chief justice and two or more associate justices of the supreme court are appointed for four years by the President, with the consent of the Senate. The inferior courts are established by the territorial legislature.

REPRESENTATION IN CONGRESS.—Each Territory elects a delegate to the Congress of the United States. Territorial delegates serve upon committees, and have the right to debate, but not to vote. Their real duties are as agents of their respective Territories.

LAWS.—Territories are governed by the laws of Congress, by the common law, and by the laws passed by the territorial legislatures. The governor may pardon offenses against territorial laws, and may grant reprieves for offenses against the laws of Congress, until the cases can be acted upon by the President.

LOCAL AFFAIRS.—The local interests of a Territory are similar to those of a State. Taxation, schools, public works, and the administration of justice are supported by the people. The people of the Territories have no voice in the election of President, and none in the government of the United States except through their delegates in Congress.

PURPOSES.—The chief purposes of the territorial government are to give the people the protection of the law, and to prepare the Territory for admission into the Union as a State. A State is a member of the Union, with all the rights and privileges of self-government; a Territory is under the Union, subject at all times, and in all things, to regulation by the government of the United States.

All the States, except the original thirteen (including Maine, Vermont, Kentucky, and West Virginia) and California and Texas, have had territorial governments. A Territory is not entirely self-governing; it may be called a State in infancy, requiring the special care of the United States to prepare it for statehood and for admission into the Union "upon an equal footing with the original States in all respects."

Hawaii and Alaska illustrate the territorial form of government described above. The following are exceptions to the rule:

The District of Columbia is neither a State nor a Territory. It resembles a Territory in being directly governed by Congress in such manner as that body may choose, but it differs from a Territory since it can never become a State.

It is not represented in the government of the United States, and its inhabitants have no voice in local matters. Its affairs are administered by three commissioners, appointed by the President, with the consent of the Senate, and they are subject to the laws of Congress.

Porto Rico and Philippines have each a legislature and are governed much like a Territory; but their people are not citizens of the United States. They are practically colonies.

SUGGESTIVE QUESTIONS.

1. Is it better that judges be elected, or that they be appointed? Why?

2. Why should a judge's term of office be lengthy?

3. Who is chief justice of this State?

4. Who is the judge of the circuit or district court of this district?

5. At what dates does this court hold sessions in this county?

6. How many organized Territories now in the United States? Give their names.

7. When did this State cease to be a Territory?

8. Why should delegates from the Territories not have the privilege of voting in Congress?

QUESTION FOR DEBATE.

Resolved, That the judges of the higher courts should be appointed by the governor, and hold their positions during life and good behavior.



CHAPTER XI.

THE UNITED STATES.

INTRODUCTORY.—Each division of government which we have considered exists for only a part of the whole people. The government of one State has no authority over the people of other States; but the government of the United States, often called the national government or federal government, is for the good of the entire country, and its authority is over the whole people.

All these divisions of government—the family, the school, the township or civil district, the county, the State, and the United States—are dependent upon one another.

If family government were destroyed, society would be ruined and other governments would be worthless.

If there were no schools, the people would be so ignorant that free government would be impossible.

If the township or civil district were neglected, local government would be inefficient.

If the States were blotted out, the national government would assume all power, and the freedom of the people would be greatly abridged, and perhaps finally lost.

If the national government were dismembered, the States would be weak, helpless, at war with one another, and at the mercy of foreign nations.

The distribution of power among the several political organizations prevents any of them from assuming too much authority, and thus tends to preserve the liberties of the people.

FORMATION.—The national government is based upon the Constitution of the United States. It was formed by the union of the several States under the Constitution, and its powers are set forth in that instrument. The thirteen original States ratified the Constitution of the United States between December 7, 1787, and May 29, 1790, and thus organized the national government. It thus became, and has continued to be, the government of the whole people, "by the people and for the people."

FORM OF GOVERNMENT.

The national government, like the government of each State, is a republic; that is, the authority is exercised by the representatives of the people. As all power resides in the people, our government is called a democracy. As the people elect officers or representatives to act for them in the performance of public duties, it is called a representative democracy.

Our system of government is different from those of all other nations, because part of the political power is vested in the State, and part in the nation; that is, in the United States.

The national Constitution enumerates the powers which may be exercised by the national government, and reserves all other powers "to the States respectively, or to the people." Because of this dual or double character of our system of government, John Quincy Adams called it "a complicated machine."

PURPOSES.—The purposes of the national government are clearly and forcibly set forth in the "preamble," or opening clause, of the Constitution of the United States;

1. "To form a more perfect union;"

2. "To establish justice;"

3. "To insure domestic tranquillity;"

4. "To provide for the common defense;"

5. "To promote the general welfare;"

6. "To secure the blessings of liberty to ourselves and our posterity."

Before the Revolutionary war, the American colonies were subject to Great Britain. By the Declaration of Independence these colonies became "free and independent States." During the period between the Declaration of Independence and the adoption of the national Constitution, the union between the States was weak and unsatisfactory.

Instead of there being "domestic tranquillity," the States were engaged in constant quarrels. There was no power to provide for the "common defense" of the people against foreign enemies; each State must protect itself as best it could. No provision could be made for the "general welfare" by the passage and enforcement of broad measures for the whole country. Under the Articles of Confederation, as was said at that time, the States might "declare everything, but do nothing." The adoption of the national Constitution and the formation of the national government made the inhabitants of the States one people, and have since brought the United States to be "the first of the nations of the earth."

FUNCTIONS.—The functions of the national government are numerous and important. In adopting the national Constitution, the States delegated or ceded to the United States those powers which are necessary to the strength and greatness of a nation.

The national government administers those public affairs which concern the whole people, such as the regulation of commerce, the granting of patents, and the coinage of money; and also those which pertain to the United States as a nation dealing with other nations, such as declaring war and making treaties of peace.

The subjects upon which the national Congress may enact laws, and consequently the subjects included in the functions of the national government, are enumerated in Section 8, Article I. of the Constitution.

CITIZENS.

The people who reside in the United States are either citizens or aliens. The national Constitution declares that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Women and children are citizens, though not entitled to vote.

A citizen is a member of the body politic, bound to allegiance, and entitled to protection at home and abroad. He can renounce his allegiance—that is, lay down his citizenship—by becoming the subject of some other country. Wherever he goes, until he renounces his allegiance, he is a citizen of the United States, and is shielded from insult by the might and majesty of the whole nation. Citizenship is therefore valuable for its protection abroad, as well as for its rights and privileges at home.

NATURALIZATION.—Naturalized citizens are persons of foreign birth who have become citizens by naturalization, after a continuous residence of at least five years in the United States. A foreigner is naturalized by appearing in court, declaring his intention to become a citizen of the United States, and his purpose to renounce all allegiance to foreign governments. After two years more, he must appear in open court, renounce upon oath all foreign allegiance, and swear to support the Constitution of the United States. If he bears any title of nobility, he must renounce it. Naturalized citizens have all the rights and privileges that belong to native-born citizens, except that no naturalized person can become President or Vice President of the United States.

RIGHTS.—The Constitution of the United States does not contain a formal bill of rights, as do most of the State constitutions, but it names the following as among the rights of citizens:

(1) "The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States";

That is, a citizen who removes into another State shall enjoy all the rights and privileges that belong to its citizens.

(2) "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." A demand for the delivery of a fugitive criminal is called a requisition.

(3) "No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due."

This provision refers to the capture and return of fugitive slaves, and is rendered void by the abolition of slavery.

(4) "A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."

This clause does not authorize the carrying of concealed weapons.

(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.