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.



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.



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.

The national convention is called to order by the chairman of the national committee. It then elects a temporary chairman, and afterward a permanent president. The convention appoints the national committee, calling upon the delegation from each State to name its member; adopts a declaration of principles, called a platform, for the approaching campaign; nominates candidates for President and Vice President, and performs various other work connected with the party organization.

PLATFORM.—The declaration of party principles adopted and issued by a convention is called a platform, and each separate statement of a principle is popularly called a plank.

The platform is an announcement of the policy to be pursued by the party if its candidates are elected, and is presumed to contain all the important principles upon which the voters of the party are agreed. Upon these principles the party claims the right to administer the public affairs of the country.

The platforms of State and local conventions are usually based upon the national platform of the same party, but also contain statements of principles upon local questions.

NOMINATIONS.—To nominate a candidate is to name him for office; that is, to place his name before the public. The person nominated is called the nominee, and all the nominees for a certain election constitute a ticket.

A nomination usually secures to a candidate the general support of the party. Voters may vote for other persons than the nominees, but the great body of voters usually support the tickets of their respective parties. Nomination serves to prevent a great number of candidates, and thus simplifies the election.

PRIMARY ELECTIONS.—Candidates for township, county, and other offices are frequently chosen by means of primary elections.

A primary election is an election in which the members of a party choose their candidates for office. As a rule, none but the members of the party holding it can vote in a primary election. Many persons prefer the primary, to a convention, believing the former to be a fairer and more impartial method of ascertaining the choice of the party. The voting is usually by ballot.

In many States primary elections are under the control of the law, and are guarded by the same restrictions that pertain to other elections.

CAUCUSES.—A meeting composed of the members of a legislative body who are of the same party, and assembled for party purposes, is called a caucus. Ward conventions in cities are sometimes called by the same name.

The usual purpose of a caucus is to nominate candidates for offices within the gift of the legislative body, or to consider questions of legislation. A caucus elects a chairman and other officers, but rarely if ever adopts a platform of principles. The great political parties of the country have caucuses in each branch of Congress, and usually in the legislatures of the several States.

SUGGESTIVE QUESTIONS.

1. Name the great parties that have existed in the United States.

2. Who are the respective chairmen of the national executive committees of the two great parties?

3. Read the last national platforms of the two great parties.

4. Which do you like better, primary elections or conventions? Why?

5. Should a member of a legislative body be influenced in his vote by the decision of the caucus of his party?



CHAPTER XXI.

LEGISLATION.

Legislation, the act or process of making laws, is the most important function of government. It is the most important, because it is the first step, and the enforcement and interpretation of laws depend upon their enactment. The laws of a country should be as few in number, as simple in construction, and as uniform in their application, as will meet the needs of the people. It is a great misfortune for the laws to bear unequally upon the people; to grant special privileges to one class, or to impose special hardships upon another class.

The great variety and volume of laws made by the national and the State legislatures of the United States have led to a close study of legislation. In no other country is the process of making laws so thoroughly mastered, or parliamentary law so generally understood.

BILLS.—The process of enacting a law, from its introduction to its final approval, is an intricate and interesting study. Until its passage and final approval, a measure is called either a bill or a resolution.

Bills and resolutions are very similar, the latter usually being simpler, and beginning with the words, "Be it resolved" or simply "Resolved," while the former begin with the words, "Be it enacted." A joint resolution as well as a bill requires the concurrence of both houses of a legislative assembly to make it a law.

INTRODUCTION.—The introduction of a bill is the first presentation of it to a legislative body for action. This is usually done by asking "leave" of the body, either orally or in writing, to bring the measure before it. This leave to present is rarely if ever refused.

The rules require that after its introduction it shall be three times read aloud before its passage. These three readings do not refer to readings for information as to its provisions. The constitutions of nearly all States require that the three readings shall be on three different days; but in most of them this rule, may be suspended by a two thirds, three fourths, four fifths, or unanimous vote, the requisite majority varying in different States.

COMMITTEES.—When a bill or resolution is introduced, it is usual to refer it to a committee for a critical consideration. A committee usually consists of from three to thirteen members, of whom the first named is usually chairman, presumably selected for their knowledge of the subjects to come before them.

A standing committee lasts during the entire session. Most legislative bodies have from twenty to forty standing committees.

A special or select committee is raised for a special purpose, and is usually adjourned when its report is made.

A committee of the whole consists of all the members of a body sitting as a committee. In committees of the whole the regular presiding officer usually vacates the chair, calling some other member of the body to act as chairman. The principal part of the work of a legislative body is perfected by its committees. They discuss the merits and demerits of bills, and perfect such as, in their judgment, should pass.

REPORTS.—The committee to whom a bill has been referred critically examines it, and usually reports it to the body, either favorably or unfavorably, recommending that it should pass or should not pass. If the members of a committee are equally or nearly equally divided as to the merits of the bill, it may be reported without an expression of opinion.

When important bills are reported by a committee they are usually discussed by the members of the body. The debate on the measure usually brings out the reasons for, and those against, its passage. Many bills are several times recommitted—that is, again referred to a committee—before their passage.

In some legislative bodies, especially in the Congress of the United States, a great many bills are pigeon-holed by committees; that is, are filed away and never reported. The reports of the committees, whether favorable or unfavorable, are usually adopted by the body, and therefore have an important bearing upon legislation.

AMENDMENTS.—In most legislative bodies a bill may be amended at the pleasure of the majority, before it is read the third time. Amendments are made for the purpose of perfecting the measure. A bill may be amended by striking out some of its provisions, by striking out and inserting, or by inserting.

A bill passed by one house of a legislature maybe amended by the other house, but, if amended, must be returned with the amendment to the house in which it originated, in order that the amendment may be considered. If one house amends and the other refuses to accept, the bill is often referred to a conference committee of members of both houses. If this does not secure agreement, and both adhere to their original action, the bill fails.

PASSAGE.—When a bill passes the house in which it originated, the clerk transmits and reports it to the other house for action. The house to which it is transmitted may pass it without commitment, but usually refers it to a committee, and, when reported, may pass it or reject it, or amend it and return it with the amendment to the house in which it originated.

When passed by both houses, the bill is engrossed—that is, rewritten without blots or erasures—and transmitted to the President or governor, as the case may be, for his approval. If approved and signed, or if not returned within a fixed time, the bill becomes a law. If vetoed, it must be again considered by both bodies, and is lost unless again passed by each, and in Congress and in many States by a two thirds vote.

SUGGESTIVE QUESTIONS.

1. Obtain from any convenient source and present in the recitation a sample of a bill, and also of a resolution.

2. Why should a bill have three separate readings on three different days?

3. Why is the report of a committee generally adopted by the body?

4. Why are chairmanships of committees usually much sought after in legislative bodies?

5. Present in the recitation a copy of the report of a legislative committee upon some subject.



CHAPTER XXII.

REVENUE AND TAXATION.

Revenue.—The regulation of revenue and taxation is one of the most important and difficult questions of government. One of the wisest of modern statesmen has said that the management of finance is government.

Government, whatever its form, is an intricate and expensive machine, and therefore sure and ample sources of revenue are as necessary to it as blood is to the human body. The necessary expenses of a local community, such as a village, a city, or a county, are heavy; while those of a State are immense, and those of a nation almost beyond conception. These expenses must be promptly met, or the government becomes bankrupt, lacking in respect, without power to enforce its rights even among its own people, and finally ceases to exist.

TAXATION.—The chief source of revenue in all governments is taxation. A tax is a portion of private property taken by the government for public purposes. Taxation, the act of laying taxes, is regarded as the highest function of government. It is also one of the most delicate, because it touches the people directly, and is therefore frequently the cause of discontent among the masses.

The government makes no direct return to the citizen for the taxes it exacts, and in this respect only does taxation differ from the exercise of the right of eminent domain. How much revenue must be raised? what articles should be taxed? what should be the rate of taxation? are questions that concern every government.

As a person may be at the same time a citizen of a village, a township, a county, a State, and the United States, so he may, during the same year, pay a separate tax to each of these five governments.