The First Ten Amendments.—A large number of propositions, therefore, were submitted to the first Congress by the States. Seventeen of these were selected by the House of Representatives, and proposed as amendments to the Constitution. Twelve of these were acceptable to the Senate also, and ten were ratified by the required three-fourths of the State legislatures. We call them the first ten amendments to the Constitution. If we read these amendments, we shall find that really they are a bill of rights, for the preservation or protection of rights of the people is expressed in all.[39]

[Footnote 39: See Appendix A.]



CHAPTER XIII.

THE EXECUTIVE DEPARTMENT.

The President and His Election.—We have seen that the one great weakness of the government under the confederation was that there existed no adequate executive. After much discussion in the convention, the fear of a despot at the head of affairs gave place to the desire to secure executive energy and responsibility. To-day the President is the most notable personage among all our officials. Mr. Bryce calls the Presidential office the greatest office in the world unless we except the papacy. In the Executive Department the President's power is practically absolute. He may appoint and remove, either directly or indirectly, all officials of the department, and they are finally responsible to him in the performance of their duties. His control of international relations and his influence on legislation are, as we shall see, extensive.

Length of Term.—Article II, Section 1, Clause 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:—

Method of Election.—How shall the President be chosen? This problem is said to have taken one-seventh of the entire time of the convention. While there were those who believed that election by the people would be wise, still this sentiment was not general. It was thought that a choice in this way would cause great "tumult and disorder." Besides, it was urged that the people would not be sufficiently acquainted with the men who have the necessary qualifications for such high office. For a special investigation of this sort, they agreed that it would be best to select a small number of persons who would be most likely to possess the required information and discernment. The appointment of these independent electors was provided for as follows:—

Appointment of Electors.—Section 1, Clause 2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative or person holding an office of trust or profit under the United States, shall be appointed an elector.

Article II, Section 1, Clause 3. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.

At present, the appointment of electors is a necessary but a comparatively unimportant step in the election of a President.

The real power exists in the National conventions of the great political parties. Instead of exercising the right of free choice, as they were originally expected to do, the electors are really bound to vote for candidates nominated in these conventions. Let us consider, then, some of the chief points in the history and practical working of National conventions.

Early Methods of Nominating.—Like the development of other political usages, the method of nominating a President passed through several stages before the present plan of nominating conventions was reached. No nominations were made in the first two Presidential elections. In 1796, Washington having refused to be a candidate for a third term, party managers in Congress agreed informally on Adams and Jefferson as the candidates of the Federalist and the Republican parties respectively. A caucus of Federalist Congressmen, in 1800, nominated Adams and Pinckney, and a caucus of Republican Congressmen nominated Jefferson and Burr, for the offices of President and Vice-President. The Republican members of Congress continued to hold a regular caucus and thus to direct the votes of the party electors until 1824. In that year William H. Crawford, the last Congressional nominee, was defeated. There was opposition to the Congressional caucus from the beginning, for such a method was regarded as undemocratic. In 1824 and 1828 the several State legislatures put forward their favorites for the office of President.

Development of National Conventions.—As early as 1812, De Witt Clinton was nominated as the candidate of the Federalists in a convention held in New York City, made up of seventy delegates, who represented eleven States. But the National nominating convention, as we know it, was used for the first time by the Anti-Masonic party, which selected William Wirt for its candidate in 1831. This method was followed in the same year by the National Republican party, which nominated Henry Clay. The National convention of the Democratic party in 1832 nominated Andrew Jackson, who had already been nominated by many local conventions and State legislatures. Many years elapsed before the present complex organization was reached, but since 1836, with the single exception of the Whig party in that year, parties have regarded the National convention as an essential factor in electing President and Vice-President.

Prior to the nominations for the Presidency in 1912, the usual plan was to select two delegates to the National convention from each of the Congressional districts, and also four delegates at large. The district delegates were chosen in the district conventions of the different parties, and the delegates at large in State conventions. In some of the States all of the delegates were selected in the State conventions.

It now seems probable before another Presidential election that some form of the direct primary will be in use in all of the States. The growth of sentiment in favor of the selection of delegates to the National convention by the direct primary has been most remarkable. Oregon, California, Nebraska, New Jersey, North Dakota, Wisconsin, Illinois, Maine, Maryland, Massachusetts, and Michigan passed such primary laws prior to the election of 1912. Pennsylvania had a modified primary law, and in a number of other States there were voluntary primaries.

Election of Delegates to the National Conventions.—The National conventions of the Republican and the Democratic parties are made up of twice as many delegates from the different States as these States have representatives and senators in Congress.

The National Convention.—The National convention is held in some leading city during the month of June or July of the year in which a President is to be elected. A few days before the time set for the convention, the delegates, together with many thousands of politicians and sight-seers, flock to that city. Headquarters are established and delegates are interviewed on behalf of the different candidates. On the day appointed, the convention is called to order by the chairman of the National committee, under whose auspices the convention is to be held. A temporary chairman is elected, and clerks and secretaries are appointed. Committees are also appointed, the most important being those on credentials and on resolutions. Each State delegation selects one of its members for each of the committees. In the next session, a permanent chairman is usually selected, and the committee on resolutions presents its report, which sets forth the platform embodying party doctrines and principles. Nominations are then in order. The roll of States is called, and the various delegations place before the convention the favorite of their State. A State often waives its privilege in behalf of some other State which has a candidate to present. Again the clerk calls the roll of the States, and each chairman of a delegation announces the votes from his State. In the Republican convention a majority of the number of delegates voting is sufficient to nominate; but no nomination is possible in the Democratic convention except by a vote of two-thirds of the delegates. Then follows the selection of a candidate for Vice-President. In this choice the attempt is made to secure some man who will add strength to the party, and who comes from a different section of the country from that represented by the candidate for the Presidency. He may, as in the cases of Tyler and Johnson, represent a faction of the party that is not in entire agreement with the majority.

The National Committee.—A National committee is also appointed, made up of one member from each State, who is nominated by the State delegation. The wishes of the Presidential candidate are of influence in the choice of the chairman, who need not be a member of the convention. The committee occupies a position of great importance, for by it the platform of the party is largely determined. We have here a body of men not mentioned by the Constitution, but exerting vastly greater influence upon the election of President than does the electoral college itself. It organizes the campaign, secures money, selects speakers, and sends out party literature. The committee looks after the interests of the party during the ensuing four years and issues the call for the next National convention.

Election of Electors.—We are now ready to consider the place of the electors in the choice of a President. The nominations of candidates for the office of elector are usually made at the State conventions of the different parties when State tickets are nominated. These occur, ordinarily, in August or September preceding the November election. Each political party nominates as many electors as the State has senators and representatives in Congress. The names of the electors are then placed on the general party ticket, on which appear also the names of the candidates for President and Vice-President; each person then votes for the entire number of electors to which his State is entitled, and will naturally vote for all the electors on his party ticket. The political party, therefore, which receives the majority of votes in a State secures all the electoral votes of that State.[40]

[Footnote 40: It has sometimes happened, however, when the election in a State has been close, that one or more of the electors on a minority ticket have run ahead of the other candidates on that ticket, and have secured a larger number of votes than candidates on the majority ticket, thus obtaining an election. California, in 1892, gave one electoral vote to Mr. Harrison and eight to Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and one for Mr. Bryan.]

Vacancies in the Offices of Electors.—Congress enacted in 1845 that each State might provide, by law, for the filling of vacancies in the electoral college, and that if any State failed to choose electors on the regular day, that they might be appointed on a later day in such manner as the State might, by law, direct. Nearly all of the State legislatures have conferred on the college itself the power of filling vacancies.

Function of Electors.—The steps prescribed by the Constitution must still be followed, although we know, long before the electors cast their votes, who the next President will be. The actual function of the electors is given in Amendment XII, as follows:—

The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign, and certify, and transmit, sealed, to the seat of government of the United States, directed to the President of the Senate;—the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted;—the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right to choose shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Voting of the Electors.—The formal election of President takes place on the second Monday in January, when the electors meet at their various State capitals and cast their votes. Separate ballots are given for Vice-President. Three separate sealed lists of the results are then prepared. Two of these are sent to the President of the Senate, one by mail and the other by special messenger. The third is deposited with the United States district judge of the district in which the electors meet. On the second Wednesday in February the votes are opened by the President of the Senate, in the presence of the Senate and House of Representatives, and counted. That person having a majority of the electoral votes case for President is declared to be duly elected. The one who has a majority of the electoral votes cast for Vice-President is also elected to that office.

Election of President by the House of Representatives.—In case no Presidential candidate receives a majority of the electoral votes, the election goes to the House of Representatives, as is provided in the amendment we are considering. Here the three candidates having the highest number of votes are alone considered. The voting is by States. In 1825 John Quincy Adams was elected President in this way. He had fewer popular and fewer electoral votes than Andrew Jackson, but he received the votes of thirteen out of twenty-four States in the House.

Choice of Vice-President by the Senate.—The Senate is called on to select the Vice-President in case no candidate has received a majority of the electoral votes. The two candidates having the highest number of votes are considered. The only instance of the election of a Vice-President in this way occurred in 1837.

Disputed Returns, Election of 1876.—Disputes have arisen, from time to time, over some of the returns of the electoral votes. The most notable contest was that over the returns from Florida, Louisiana, South Carolina, and Oregon, in 1877. If the twenty-one electoral votes from these States should be counted for the Republican candidates, they would be elected. Should just one of those votes be given to the Democratic nominees, the Republicans would lose the election. Now the Senate at this time was Republican, and the House Democratic, and therefore no satisfactory adjustment could be reached, because of party prejudices. The excitement throughout the country was finally relieved by the agreement on the part of both houses to refer the decision to an "Electoral Commission."

This commission consisted of five judges of the Supreme Court, five representatives, and five senators. After examining the returns, the commission decided, March 2, 1877, by a vote of eight to seven, that Hayes and Wheeler, the Republican candidates, had received the twenty-one votes in dispute, thus giving them one hundred and eighty-five electoral votes, and that Tilden and Hendricks, the Democratic candidates, had received one hundred and eighty-four electoral votes.

In consequence of the grave problem which arose in 1877, Congress passed an act February 3, 1887, which provides that any contest in the choice of electors in a State must be decided by the State authorities under the laws of the State.

The Original Method of Choosing the President.—Because Presidents Washington, Adams, and Jefferson for his first term, were chosen by the plan given in the original clause, let us notice, briefly, the method used at that time, and especially the reasons for the change to the present plan.

Section 1, Clause 2. The electors shall meet in their respective States, and vote by ballot for two persons, one of whom, at least, shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person then having the greatest number of votes shall be President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.

According to this clause, we note that the electors voted for two persons without stating which was to be President and which Vice-President. In the official count, the candidate receiving the highest number of votes, provided it was a majority of the whole number of the electoral votes, became President, and the one receiving the next highest became Vice-President.

Election of 1796.—In the election of 1796, John Adams, who received the highest number, seventy-one, out of one hundred and thirty-two electoral votes, was elected President. Thomas Jefferson, his opponent, became Vice-President, having received sixty-eight votes, or the next highest number. Thus there were elected a President of one party and a Vice-President of the opposing party.

Election of 1800.—The election of 1800 also showed the plan to be impracticable. At this time, the Democratic-Republican party was determined to have Mr. Jefferson for President and Aaron Burr for Vice-President. They both received seventy-three votes, a majority of all the votes. But since the number was equal, it devolved upon the House of Representatives to determine whether Jefferson or Burr should be President. For seven days the House was in continuous session, and civil war threatened. On the thirty-sixth ballot, however, Jefferson received the votes of ten States out of sixteen, and was elected.

In order to prevent a recurrence of the conditions which obtained in 1796, or of the dangers incident to a contest like that of 1800, the Twelfth Amendment was proposed by Congress, and, after ratification, was declared in force September 25, 1804. This provides, as we have seen, that the electoral votes must be cast separately for President and Vice-President.

The Presidential Term.—Shall the President hold office for a term of three years, of seven years, or during good behavior? These were questions of great interest in the Constitutional Convention. A term of seven years with no re-election was agreed upon, but toward the end of the convention the clause as given was adopted.

Re-election of a President.—The Constitution does not limit the number of terms for which a President may be chosen, but the "third-term tradition" has now made it practically impossible for the same man to be elected for more than two terms. This custom was inaugurated by the refusal of President Washington to accept a third term. President Jefferson was also urged to stand for a third term, but he, too, preferred to retire to private life as Washington had done. The adherents of General Grant strove to break down this precedent in 1880 but were defeated. Although President Roosevelt had served a part of a term and one full term the argument of a third term was brought against him.

A Longer Term.—It is frequently urged that the Constitution should be amended in such a manner as to provide for a term of six or seven years for the President, with no re-election. Among the reasons for this change are the following: (1) a new President has most of his time, for months, at the beginning of his term, consumed in hearing the claims of applicants for office, and in making appointments; (2) there is danger that he may be influenced in his official actions through desire to secure a second term; (3) the commercial depression that usually exists during a campaign would thus come less frequently. These arguments may be used in opposition to such a change: (1) in the case of an inefficient President, the short term is to be preferred; (2) the Presidential campaign is of value, in that the attention of Americans generally is for a time fixed on the problems connected with the conduct of our government. It furnishes the opportunity for imparting to our citizens many lessons in their political education.

Qualifications for President and Vice-President.—The qualifications for President and Vice-President are naturally the same, and are as follows:—

Section 1, Clause 4. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

Vacancies.—The chief reason for creating the office of Vice-President seems to have been to provide for the emergency of a vacancy in the Presidency.

Section 1, Clause 5. In case of the removal of the President from office or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may, by law, provide for the case of removal, death, resignation, or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

Presidential Succession.—In 1886 Congress provided that in case of the death, resignation, or disability[41] of both President and Vice-President, the succession should be in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. The Secretary of Agriculture was added in 1889.

[Footnote 41: What constitutes disability has not been settled. President Garfield performed only the single executive act of signing an extradition paper from July 2 to September 19, 1881. The fact of his inability to discharge the duties of President was not formally established. Nor was there declared disability in the case of President McKinley, between September 6 and the day of his death, September 14, 1901.]

Salary of the President.—Section I, Clause 6. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he may have been elected, and he shall not receive within that period any other emolument from the United States or any of them.

In 1909 the salary of the President was changed from $50,000 to $75,000 a year. The custom has been established that no President shall receive a gift from any civil body, such as a city council, a State legislature, or a foreign state. In addition to his salary, the President is provided with an "executive mansion," the "White House," which is furnished at the expense of the government. The Vice-President receives $12,000 annually.

Salaries of Foreign Rulers.—The salary paid our President is small when we compare it with the grants made to European rulers. In 1901 the English government voted some $4,000,000 for the annual use of the royal household. The Czar of Russia receives $6,500,000 annually, in addition to revenues derived from 1,000,000 square miles of crown domains. The President of France receives $231,600 annually.

Inauguration Day.—One of the most notable of our civic festivals occurs on the fourth of March[42] after the Presidential election. Then thousands of people go to Washington to witness the inaugural exercises, by which the President and Vice-President are formally invested with their offices. The Constitution provides that the President shall take the following oath of office before entering on his duties:—

Section I, Clause 7. I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States.

[Footnote 42: It is frequently urged, with good reason, that this date should be changed to a time of year when the weather in Washington would be more favorable. An amendment, recently sanctioned by the Senate, provides that the date for the inauguration shall be the last Thursday of April. The chief objection to this change seems to be the further extension of time between the election and the assuming of duties.]

It has been established, by custom, that the oath shall be administered by the Chief Justice of the United States, at the east front of the Capitol. After taking the oath the President gives his inaugural address, which outlines the policy he purposes to carry out. Immediately after his inauguration, unless it be his second term, he calls the Senate together, and places before it his nominations for members of the cabinet, and for such other important offices as he may desire to make.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Which of the Presidents have served two terms? How was their election for a second term to be accounted for?

2. The method of calling National political conventions. When held? Questions considered. Make a study of the last convention. Cosmop., 29: 194-200; Scribner's Mag., 27: 643-656.

3. Under what conditions was the first platform of a National convention agreed upon? Wilson, Division and Reunion, 63.

4. For the work of the National committee, see Rev. of R's, 22: 549-556; 556-563.

5. The power of the chairman of the National committee is discussed in Atl. Mo., 89: 76-81.

6. What was the probable origin of the system of electing the President by electors? Harrison, This Country of Ours, 78; Fiske, Critical Period of American History, 66, 280-289.

7. For the methods which have been used in electing a President, see N. Am. Rev., 171: 273-280.

8. Should the President be elected by direct popular vote? N. Am. Rev., 171: 273-280; 281-288; Scribner's Mag., 27: 643-656.

9. For some of the problems connected with the electoral colleges in the history of elections, see Rev. of R's, 23: 66-69.

10. What is the method used in counting the electoral votes? Edmund Alton, Among the Lawmakers, 88-89.

11. Do you agree with Mr. Bryce that the tendency is to select for President men who have not been prominent? Bryce, American Commonwealth, I, chap. 8.

12. Was the present President notable before his election? In what ways?

13. What were the chief causes for the success of his party?

14. How many electoral votes were required for election? He received how many? Did he receive a majority of the popular votes? Election of 1900, Rev. of R's, 22: 673-674; 655-658.

15. How many electors were there from your State? For whom did they vote? How is this majority in your State to be accounted for? Rev. of R's, 22: 673-674, 655-658, 664.

16. Would successful governors make good candidates for President? In what particulars do the offices resemble each other? Would you favor making the governor of your State President? Wilson, Congressional Government, 253, 254.

17. Why was the election of John Quincy Adams of especial interest? What results followed? Burgess, The Middle Period, 140, 141; Wilson, Division and Reunion, 18.

18. State the chief points connected with the "disputed election" of 1876. Wilson, Division and Reunion, 283-286; Johnston, American Politics, 233-237; Cent. Mag., 62: 923-934.

19. Give the names of the Presidents who have died in office. By whom were they succeeded?

20. For a good discussion of the unit rule and two-thirds rule of the Democratic conventions, see Rev. of R's, 45: 705-710.

21. What is a "minority" President? Government in State and Nation, 264.

22. An interesting account of the White House. Outlook, 70: 287-299.

23. Inauguration events of 1901. Rev. of R's, 23: 405,406; Outlook, 67: 555, 556.

24. Incidents of Presidential inaugurations. World's Work, 1: 477-479.

25. For other questions and references on the chapter, see Government in State and Nation, 231, 232.



CHAPTER XIV.

POWERS AND DUTIES OF THE PRESIDENT

Military Powers of the President.—An eminent American historian,[43] writing of the power exercised by President Lincoln in time of war, said, "It is an interesting fact, that the ruler of a republic which sprang from a resistance to the English king and Parliament should exercise more arbitrary power than any Englishman since Oliver Cromwell, and that many of his acts should be worthy of a Tudor."

[Footnote 43: James Ford Rhodes, Scribner's Magazine, February, 1903.]

President Lincoln, it is true, exercised powers which, if attempted by a weaker man, or at another time, might have proved dangerous to the liberties of the people.[44]

[Footnote 44: For the suspension of the privilege of the writ of habeas corpus, see p. 109.]

This he did through his interpretation of Clause 1, Section 2.

The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Reprieves and Pardons.—The ordinary powers of the President are also important.[45] One of the greatest is the power to grant reprieves and pardons. A reprieve is the temporary suspension of the execution of a sentence. By means of a reprieve the President may gain time to look into the evidence more carefully. Complete release from a sentence is secured by a pardon.[46]

[Footnote 45: For the power of the President over legislation by means of the veto, see pp. 78, 79.]

[Footnote 46: President Harrison was called upon to consider 779 requests for pardon. Of these 527 were granted, wholly or partially. President Cleveland acted on 907 such cases, and granted 506, in whole or in part.]

Treaty-Making Power.—Section 2, Clause 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur.

While the power to conclude treaties seems to be without restriction, it is implied that no treaty shall in any way interfere with the authority of the Constitution. The usual steps in the negotiation of treaties are as follows: (1) In time of peace they are conducted at the capital of the nation that begins the negotiation. If this is in Washington, the terms are considered by the Secretary of State and the minister of the other nation; if in a foreign capital, our minister acts under instructions sent him by the Secretary of State. At times, one or more special ministers are sent abroad for the purpose of negotiating a treaty. (2) In time of war, the minister of the nation with which we are at war leaves the United States. The interests of his nation are then intrusted to the minister of some neutral power, and through this minister negotiations for peace are usually begun. (3) The treaty of peace at the close of a war is generally negotiated in some neutral country by special commissioners appointed by the nations at war.

In all cases, the President exercises general control over the negotiation and framing of treaties. After an agreement has been reached, the treaty is sent to the Senate. It is discussed in executive or secret session. This means that the treaty and all matters pertaining to it are kept secret until, by a resolution, the Senate allows the discussion to be made public. The Senate may approve, reject, or modify the terms. If amendments are made, they must be agreed to by the President and by the other nation interested. When a treaty has been finally approved by the officials of both countries, duplicate copies of it are made on parchment. Both of these copies are signed by the chief officers of each country, and the copies are then exchanged. This is called the "exchange of ratification." An official copy of the treaty is thus secured by each nation. The President then publishes the treaty accompanied by a proclamation, in which it is declared to be a part of the law of the land.

If the terms of a treaty call for the payment of money by the United States, the necessary amount can be appropriated only by an Act of Congress. The House of Representatives may refuse to give its sanction to such an appropriation, and may thus prevent the treaty going into effect.

Power of Appointment.—When it is considered that the President has the nominal power of appointing over 150,000 persons to office, we can readily see that this comprises one of his chief powers. His right to select office-holders is granted in Section 2, Clause 2. He shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.

Vacancies.—Section 2, Clause 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Presidential Appointments.—It would be quite impossible for the President, personally, to oversee all of these appointments, and so a large percentage of them is made by officials in the different departments. There are, besides the ambassadors, consuls, and judges of the Supreme Court, some 7000 so-called Presidential officers, whose appointments must receive the sanction of the Senate. More than one-half of these are postmasters of the first class[47]. Among the most important of these officers are the Cabinet, interstate commerce commissioners, district attorneys, and all military and naval officers whose appointment is not otherwise ordered by law.

[Footnote 47: Those who receive an annual salary of $1000 and above.]

Official Patronage.—In making his appointments the President is largely dependent upon the advice of the head of that department under whose direction the officer will come, or upon the recommendation of the representatives and senators of his party from the State in which the office is located. This official patronage, through which political assistants in a State may be rewarded with a Federal office, has become so burdensome that many Congressmen complain of it and desire to be freed from its exactions.

Senatorial Courtesy.—There has grown up an almost invariable custom, known as senatorial courtesy. This demands that if the office to be filled is located in a State, the appointment be not confirmed unless it receives the sanction of one or both of the senators of the State concerned, provided they are members of the same political party as the President.

Action of the Senate on Nominations.—All of the nominations sent by the President to the Senate are submitted to appropriate committees, as, postmasters to the Post Office Committee, ambassadors to the Committee on Foreign Affairs. The report of the committee is considered in secret session, and the nomination is then voted on. If the vote is adverse, the President must make another nomination.

The Spoils System.—During the first forty years of our government there were only seventy-four removals from office. The opinion was general that there were a large number of strictly non-political offices in the departments and elsewhere, the holders of which should be regarded as agents or clerks whose duty it was to assist in carrying on the business of government. Therefore the best results could be secured, it was believed, only as these positions should be filled by persons the most competent, who might hope to retain the office so long as they gave efficient service. But with the coming in of President Jackson the "spoils system" was introduced. This system, in practice, provides that political workers belonging to a victorious party may, as far as possible, receive reward for their services in the shape of some office. "To the victors belong the spoils of the enemy" is the familiar motto of those who have advocated this system. During the first year of President Jackson's administration 2000 officials were deprived of their offices, and friends of the administration were put in their positions. From that time there has been great pressure on every new President similarly to reward his followers.

Civil Service Reform.—While the evils had been pointed out at various times, little was done to remedy the spoils system until Congress, in 1883, passed the Civil Service Law, known as the Pendleton Bill. It provides for a Civil Service Commission of three members, not more than two of whom may belong to the same political party. This commission gives competitive examinations, which are required for testing the fitness of applicants for certain positions in the public service. The number of offices originally included under the act was about 14,000. The President is given the power to direct the further extension of the "classified service," that is, those positions that are to be filled by persons who have passed the best examinations. In 1913 there were some 284,000 classified offices. While much has been accomplished, during the past twenty years, toward reforming civil service appointments, it is to be hoped that a large number of the unclassified offices will, at an early date, be placed on the list to be filled only after examination.[48] The National government may thus further assist in the movement for like reforms already so well begun in some of our States and cities.

[Footnote 48: In 1913 there were 100,000 unclassified or excepted offices. During the year 1901-1902, the civil service rules providing for competitive examinations were extended by order of the President or by act of Congress so as to include the rural free delivery service, employees of the permanent census bureau, and additional employees made necessary because of the war with Spain. Five thousand eight hundred offices were placed on the competition basis in 1911, and 50,000 in 1913.]

Duties of the President.—Section 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Presidential Messages.—By means of the annual message sent to Congress at the opening of the session, and special messages on particular occasions, the President is enabled to call attention to the legislative needs of the country. The plan of having a message read in each house by the clerk or secretary was introduced by President Jefferson. Presidents Washington and Adams addressed, in person, Congress assembled in joint session. Various reasons have been alleged for this change. President Jefferson was a poor speaker, and it is said that he regarded the formal address as monarchical. President Wilson read his message before Congress in the special session of April, 1913.

Enforcement of the Laws.—The most important duty of the President is to see that all laws passed by Congress are faithfully executed. Laws are useless unless they are enforced, and it is chiefly for the performance of this task that the Executive was originally created. It is not contemplated that this duty shall be performed by him in person, but through officials who are directly responsible to him. The United States marshals and their deputies exercise a wide influence in seeing that the laws are enforced. They usually act under an order from a United States court, but may, at times, act without such a writ. If necessary, the President may send the army and navy of the United States or call out the militia of the States to overcome any resistance to Federal law.

Each State possesses the power of enforcing its own laws and is of right protected in the exercise of this prerogative. In case of an insurrection, however, the State militia is sent by order of the governor to suppress it. Should they fail to restore order, the legislature, or the executive (when the legislature cannot be convened), applies to the President for military aid.[49] If the uprising has interfered in any way with the carrying out of the laws of the nation, the President may, at his discretion, send troops to suppress it without having been asked to do so by the legislature or the governor. There was a notable illustration of this point during the time of the Chicago riots, in July, 1894.

[Footnote 49: Article IV, Section 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or the executive (when the legislature cannot be convened), against domestic violence.]

President Cleveland vs. The Governor of Illinois.—In addition to destroying property belonging to the railways centering in Chicago, the striking employees prevented the free movement of the trains. Mr. Altgeld, then governor of Illinois, did not provide against these abuses, and President Cleveland ordered the United States troops under General Miles to suppress the rioting. The President, who was severely criticized by Mr. Altgeld, justified his sending the troops on the following grounds: (1) that the processes of the Federal courts could not be executed; (2) that the transportation of the United States mails was obstructed; and (3) that the laws on interstate commerce were not enforced.

The United States Supreme Court took the same position as President Cleveland in a case which grew out of these riots. Mr. Justice Brewer, in delivering the opinion of the court, said: "We hold that the government of the United States is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen; that, while it is a government of enumerated powers, it has within the limits of those powers all the attributes of sovereignty; that to it is committed power over interstate commerce and the transmission of the mails, and that these powers have been assumed and put into practical exercise by the legislation of Congress."

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What have been some of the most important treaties entered into on the part of the United States?

2. For the treaty made at the close of the Spanish-American War, see Rev. of R's, 18: 258, 371, 515, 631; 19: 11, 261, 262, 266, 267.

3. In what ways may a treaty be abrogated? Harrison, This Country of Ours, 140, 141.

4. May a President have many of the privileges of private life? Harrison, This Country of Ours, 177-180.

5. What are some of the official cares of the President? Harrison, This Country of Ours, 162-177.

6. The overworked President. McClure's Mag., 28: 483-492; Rev. of R's, 25: 464-466.

7. Secure a copy of the last report of the Civil Service Commission, and also Manual of Examinations for the Classified Service of the United States, and look up the following:—

a. How many persons are included in the civil service of the United States?

b. What proportion of them is included in the classified service?

c. Does the law of 1883 seem to have brought about satisfactory results?

d. What offices have been included in the extension of the Civil Service Law?

e. What is the nature of the questions asked in the examinations? i

8. The Fifteenth Annual Report of the commission (pp. 443-485) contains an account of the appointments and removals by the various Presidents from 1789 to 1883. Also an account of the growth of civil service reform in the States and cities of the United States, pp. 489-502.

9. May a man be fitted for political preferment and not be competent to pass an adequate examination?

10. For other articles on civil service reform, see (a) The Civil Service and the Merit System, Forum, 27: 705-712. (b) Some Popular Objections to Civil Service Reform, Atl. Mo., 65: 433-444; 671-678. (c) Roosevelt, An Object Lesson in Civil Service Reform, Atl. Mo., 67: 252-257. (d) George William Curtis and Civil Service Reform, Atl. Mo., 75: 15-24. (e) Rice, Improvement of the Civil Service, N. Am. Rev., 161: 601-611. (f) Roosevelt, Present Status of Civil Service Reform, Atl. Mo., 75: 239-246. (g) Roosevelt, Six Years of Civil Service Reform, Scribner's Mag., 18: 238-247. (h) The Purpose of Civil Service Reform, Forum, 30: 608-619.

11. What was the Tenure of Office Act of 1867? Why did it become of great importance? Is it still in force? Wilson, Division and Reunion, 267, 270-271, 297; Harrison, This Country of Ours, 101-103.

12. What were the chief points discussed in the President's last annual message?



CHAPTER XV.

THE CABINET.

Formation of Departments.—The Constitution nowhere mentions the President's Cabinet. It was taken for granted, however, that departments similar to those found in the Cabinet would be formed. The Constitution declares that the President "may require the opinions in writing of the heads of the executive departments," and again, that "Congress may vest the appointment of certain inferior officers in the heads of these departments."

In 1789 the first Congress created the Departments of State, War, and Treasury, also the office of Attorney-General. President Washington's Cabinet consisted of the officials whom he appointed to fill these four positions. The Navy Department was added in 1798. While a Post-Office Department was established in 1794, the Postmaster-General was not made a member of the Cabinet until 1829. In 1849, the Interior Department was created by grouping under it certain duties which had belonged to other departments. The Department of Agriculture was made a Cabinet position in 1889. In 1903 the Department of Commerce and Labor was authorized by an Act of Congress, and in 1913 the Department of Labor was created. Members of the Cabinet receive an annual salary of $12,000.

The President and His Cabinet.—One of the first official acts of a President is to send to the Senate, for its approval, the names of the men whom he desires shall constitute his Cabinet. This is now a mere formality. The President is himself the one most interested in the success of his administration and is of right given complete freedom in selecting his immediate advisers. While the views of the members of the Cabinet usually have weight with the President, he is not obliged to take their advice. Indeed, in some instances the President has carried out a line of action which was against the wishes of the secretary of the department affected.

THE DEPARTMENT OF STATE.

The Secretary of State.—The Secretary of State is commonly called the head of the Cabinet. He is first in rank at the Cabinet table, and occupies the seat of dignity at the right of the President. Under the direction of the President he conducts all negotiations relating to the foreign affairs of the nation; carries on the correspondence with our representatives in other countries; receives the representatives of foreign powers accredited to the United States, and presents them to the President. Through him the President communicates with the executives of the different States. He has charge of the treaties made with foreign powers, and negotiates new ones. He has also in his keeping the laws of the United States and the great seal which he affixes to all executive proclamations, commissions, and other official papers. During the year 1909 the department was reorganized in such a manner as to create a division of Latin-American affairs and divisions for Far Eastern, Near Eastern, and Western European affairs.

The Diplomatic Bureau.—The United States, in common with other nations, sends representatives to the foreign capitals. They are the agents through whom the Secretary of State communicates and negotiates with other powers. Such affairs are conducted through the Diplomatic Bureau. The United States has now about thirty-five ambassadors and ministers. Our representatives at the courts of England, France, Germany, Russia, Italy, Austria, Mexico, Brazil, Japan, and Turkey are known as ambassadors. The ambassadors to these countries receive a salary of $17,500 each.

The social demands made upon our ambassadors are great, and they are also obliged to provide for their places of residence. The salaries paid are not sufficient to meet these necessary expenses, and are small in comparison with those paid by the European nations to officers of the same rank. Thus, the English ambassador at Washington receives a salary of $32,500. Besides the English, the German, the Japanese, and some other nations have provided houses for their legations.

The Consular Bureau.—A consul is sent by the United States to each of the chief cities in the consular districts into which foreign countries are divided by our State Department. These consuls, of whom there are three grades, consuls-generals, consuls, and consular agents, look after the commercial interests of the United States in those districts. They make monthly reports on improvements in agricultural and manufacturing processes. These reports also give information regarding good markets for our products and of the best markets in which to purchase foreign products.[50]

[Footnote 50: Among scores of similar subjects, our consuls reported, within recent years, on the following: American goods in Syria; American commerce with Asia Minor and Eastern Europe; German opinion of American locomotives; American coal in Germany; European and American competition.]

Consuls care for destitute American sailors and protect the interests of our citizens in foreign countries. In some of the non-Christian nations, such as China and Turkey, they also have jurisdiction over all criminal cases in which any American citizen may be a party. The importance of such services to our country is self-evident. The appointment of these officials was formerly secured under party pressure. According to the rule adopted in 1906, all vacancies in the consular service are hereafter to be filled by promotion for ability and efficiency in the service or by appointment of those who have passed the civil service examination.

THE DEPARTMENT OF THE TREASURY.

The Secretary of the Treasury.—The Department of the Treasury is the most extensive and complex of the executive departments. In general, the Secretary of the Treasury has charge of the finances of the nation. He is required to prepare plans for the creation and improvement of the revenues and the public credit and to superintend the collection of the revenue. He gives orders for all moneys drawn from the Treasury in accordance with appropriations made by Congress, and submits an annual report to Congress which contains an estimate of the probable receipts and expenditures of the government.

The Auditors.—It is very important that the accounts of the government should be carefully scrutinized, and one of the six auditors connected with the Treasury Department must pass upon the accounts of every public officer who pays out money. Thus, the Auditor for the Treasury Department examines all accounts of salaries and incidental expenses of the office of the Secretary of the Treasury and all other offices under his immediate direction, such as the Treasurer and Directors of the Mints.

The Treasurer.—All the money of the United States is under the care of the Treasurer. He receives and pays it out upon the warrant of the Secretary of the Treasury or a designated assistant, redeems the notes of the National banks, and manages the Independent Treasury System. This system renders the Treasury Department practically independent of the banks of the country. It includes the Treasury at Washington and sub-treasuries, each in charge of an assistant treasurer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, and San Francisco. While the greater part of the money belonging to the government is found in these places, about two hundred National banks have also been designated as public depositories.

The Chief of the Bureau of Engraving and Printing.—The Bureau[51] of Engraving and Printing is one of the largest in the department and employs about 1600 people. It has been said that the products of this bureau, in the course of a single year, represent a sum equal in value to all the money in circulation in the United States; for here the engraving of the plates and the printing of all the United States circulating notes, bonds, revenue stamps, and postage stamps are done.

[Footnote 51: The work of each department is usually distributed among the bureaus. Bureaus are again divided into divisions. At the head of each bureau is a commissioner, and of each division a chief.]

Other Officers of the Treasury Department.—Among the other leading officials of the Treasury Department are: Comptroller of the Currency, Commissioner of Internal Revenue, General Superintendent of the Life-saving Service, Solicitor of the Treasury, Supervising Surgeon-General, and Supervising Architect.

The Life-Saving Service.—This is one of the most important offices in the Treasury Department. More than 2000 men are employed in the 273 stations, located generally at danger points on the oceans and the Great Lakes. Out of the 6000 lives imperiled in the year 1910 in the disasters on water, only 53 were lost. Of the 1463 vessels of all kinds in distress, 1407 were rendered assistance by life-savers. It has been estimated that over 230,000 lives have been saved through this service since it was founded in 1848.

The Solicitor of the Treasury.—The Solicitor of the Treasury is the law officer of the department, and has charge of all prosecutions by the government arising out of the counterfeiting of the government securities, or of the infringement of customs revenue, and of all suits for the collection of moneys due the United States, except those due under the internal revenue laws.

The Supervising Surgeon-General.—The Supervising Surgeon-General superintends the twenty-two marine hospitals where our sick sailors are cared for; conducts the quarantine service of the United States, and directs the laboratories for the investigation of the causes of contagious diseases.



THE WAR DEPARTMENT.

The Secretary of War.—The Secretary of War, under the direction of the President, has charge of the military affairs of the government. He supervises all estimates of appropriations for the expenses of the department.[52] He has under his supervision also the military academy at West Point, all National cemeteries, and river and harbor improvement. The chiefs of the eleven bureaus are regular army officers.

[Footnote 52: The annual appropriation by Congress for the army alone in 1912 amounted to $90,483,403.]

The Adjutant-General.—The Adjutant-General issues orders for the muster of troops and for their movement, conducts the correspondence of the department, and keeps the records.

The Inspector-General.—The Inspector-General examines and reports on all places where United States troops are stationed; on public works carried on by army officers; and on the military academy and prisons.

The Quartermaster-General.—Under direction of the Quartermaster-General the army is transported, clothed, and equipped.

The Chief of Ordnance.—Arms are supplied by the Chief of Ordnance. The arms used are manufactured chiefly in the United States arsenals. The arsenals at Springfield, Mass., and Rock Island, Ill., manufacture rifles and carbines; and that at West Troy, N.Y., cannon and mortars.

The United States Military Academy.—The United States Military Academy at West Point was founded in 1802. The corps of cadets is made up of one cadet from each of the Congressional districts, one from each of the Territories and the District of Columbia, and one hundred from the United States at large. Prior to the year 1900 there were only ten cadets at large. The act of that year also provided that thirty cadets were to be named by the President directly and the remainder apportioned among the States. They all receive their appointments from the President, but it has become the custom for the representatives and delegates to select (usually after a competitive examination) those from the Congressional districts and the Territories. The cadet must be between seventeen and twenty-two years of age. Each receives $540 a year during the four years of his course. Upon graduation, the cadets are commissioned as second lieutenants in the united States army. In case there are more graduates than vacancies, those in excess are honorably discharged with the payment of one year's salary.

THE NAVY DEPARTMENT.

The Secretary of the Navy—The duties of the Secretary of the Navy pertain to the construction, manning, arming, quipping, and employment of war-vessels.[53]

[Footnote 53: The appropriation for this department in 1913 was $140,000,000.]

The United States Naval Academy.—The naval academy at Annapolis was established in 1846. One cadet is allowed in the naval academy for each member or delegate of the House of Representatives, one for the District of Columbia, and ten at large. Candidates for admission, at the time of their examination, must be between the ages of fifteen and twenty years. The nomination of a candidate to fill a vacancy is made upon recommendation of a representative or delegate if made before July 1; but if no recommendation be made by that time, the Secretary of the Navy fills the vacancy by appointing an actual resident of the district in which the vacancy exists. The President selects the candidates at large and the cadet for the District of Columbia. At the conclusion of the six years' course, two of which are spent at sea, the graduates are assigned in order of merit to the vacancies that may have occurred in the lower grades of the line of the navy and of the marine corps. Cadets who are not assigned to service after graduation are honorably discharged and are given $500, the amount they have received each year of their course at the academy.

THE DEPARTMENT OF JUSTICE.

The Attorney-General.—The Attorney-General is the legal adviser of the President and of the heads of the departments. He supervises the work of all the United States district attorneys and marshals, and is assisted by the Solicitor-General. Unless otherwise directed, all cases before the Supreme Court and the Court of Claims in which the United States is a party are argued by the Attorney-General and the Solicitor-General.

THE POST-OFFICE DEPARTMENT.

The Postmaster-General.—The Postmaster-General is at the head of this department. He appoints all of the officers of the department with the exception of the four assistant postmasters-general and postmasters of the first class, whose appointments are made by the President with the consent of the Senate. The Postmaster-General may, with the consent of the President, let contracts and make postal treaties with foreign governments.

The Postal Union.—Since 1891 the United States has been a member of the Universal Postal Union. By this union over fifty distinct powers became parties to an agreement by which uniform rates of postage were agreed upon and every facility for carrying mails in each country was extended to all the others.



THE DEPARTMENT OF THE INTERIOR.

The Secretary of the Interior.—The Interior Department, under the supervision of the Secretary of the Interior, is one of the most complex and important of the departments. There are two assistant secretaries in the department, while at the head of the other offices are six commissioners and two directors.

The Commissioner of the General Land Office.—The Commissioner of the General Land Office has charge of all the public lands of the government, and supervises the surveys, sales, and issuing of titles to this property.

The Commissioner of Education.—The Commissioner of Education is the chief of the Bureau of Education. This bureau has charge of the collection of facts and statistics relating to the educational systems and to progress along educational lines in the several States and Territories, and also in foreign countries. The reports issued by the bureau are of great value to those interested in education. The commissioner has advisory power only, except in Alaska. Here he directs the management of the schools.

The Commissioner of Pensions.—The Commissioner of Pensions supervises the examination and adjustment of all claims arising under the laws of Congress granting bounty land or pensions on account of services in the army or navy during the time of war. That our government has not been ungrateful may be gathered from the report of the commissioner for 1913. There were in that year 921,000 pensioners, to whom were paid approximately $180,000,000, or an amount equal to about one-fifth of the total revenues of the country.

The Commissioner of Indian Affairs.—Prior to 1871 the Indian tribes were treated as independent nations by the United States, but by a law of that year the general government was made the guardian of their interests. The Commissioner of Indian Affairs exercises a protecting care over these "wards" by directing the work of the Indian agents and of the superintendents of Indian schools.

There are some 300,000 Indians on the 150 reservations which are in the various States and Territories.[54] The lands of these reservations are held in common; that is, the ownership is tribal rather than individual. It is the policy of the government, however, to bring about the allotment of lands "in severally," and thus to encourage the Indians to adopt an agricultural life. The Indians are only partially self-supporting. Some tribes derive an income from funds which are the proceeds derived from the sales and cessions of their lands. The National government holds this money in trust for them, and, by direct appropriation, supplies the money, food, and clothing necessary to complete their support. The appropriation for the Indians in 1912 was $9,854,000. Over one-fourth of this sum was spent for their education in Indian schools, numbering about 300, which are under the direct control of the department.

[Footnote 54: Report of the Secretary of the Interior, 1910. Within twelve years 89,000 Indians were granted full rights as citizens.]

The Director of the Geological Survey.—The Director of the Geological Survey collects much valuable information through the examination of the geological structure, mineral resources, and mineral products of the United States. He has charge, also, of the survey of the forest reserves.



THE DEPARTMENT OF AGRICULTURE.

The Secretary of Agriculture.—The duties of the Secretary of Agriculture are, "To acquire and diffuse among the people of the United States useful information on subjects connected with agriculture in the most comprehensive sense of that word." The activities of the department are along many lines, as indicated by the names of the bureaus and divisions.

Bureau of Animal Industry.—Continuous advancement is being made by the government toward placing the agricultural pursuits upon a more scientific basis. One of its most important services is performed in the Bureau of Animal Industry, which inspects the greater part of the meat products exported to European countries. The law providing for this inspection was necessary because of the claim in European markets that diseased meats were shipped from the United States. An inspection is also provided for live animals intended for exportation and for animals imported. Much scientific work is also devoted to a study of the various diseases of animals.

The Division of Seeds.—Over $100,000 are expended each year by the Division of Seeds in the purchase of "rare and valuable" seeds, bulbs, and plants. These are distributed free throughout the country for the purpose of fostering the introduction of new and more valuable crops.

Public Road Inquiries.—Another important interest is carried on by the Office of Public Road Inquiries. Here experiments are made with regard to the best system of road-making and the best materials to be used for that purpose.

Weather Bureau.—Through the Weather Bureau daily forecasts and warning of storms are sent to over 50,000 different points, and storm signals are displayed at 300 places on our coasts. By its operation, millions of dollars are saved each year to the agricultural and maritime interests of the country. A recent decree of the Post-office Department renders the reports of the bureau of still greater service. Slips of paper having the storm, frost, or other warnings printed on them are distributed by the rural mail carriers at the various houses in the districts affected.



THE DEPARTMENT OF COMMERCE.

Nature of the Department.—Because of the nature of the subjects assigned to this new department, it has rapidly become one of the most important of the departments. Among the duties of the Secretary of Commerce are these: to promote the commerce and the mining, manufacturing, shipping, fishery, and transportation interests of the United States. The President is given the power to transfer to the department those bureaus in other departments which are engaged in scientific or statistical work, the Interstate Commerce Commission and the scientific divisions of the Agricultural Department being excepted. The offices which have been transferred are as follows: the Bureau of Statistics; Census Bureau; Bureau of Standards of Weights and Measures; Bureau of Navigation; the Steamboat Inspection Service; Bureau of Fisheries; Coast and Geodetic Survey and Light-house Board. The Bureau of Corporations was created for the department. The Commissioner of Corporations is expected to investigate the organization, conduct, and management of the business of corporations and other combinations engaged in interstate or foreign commerce, except such carriers as may be subject to the interstate commerce act.

The Chief of the Bureau of Statistics.—The Chief of the Bureau of Statistics collects and publishes the annual statistics on commerce. These reports are of such a character that they are invaluable to the President in the preparation of his messages; and they are used extensively by the heads of departments, members of Congress, and the public. Tariff laws, special legislation for particular industries, and all international trade treaties are also based on these compilations. The greatest demand is for the Annual Statistical Abstract, which presents in a condensed form the history of the commerce of the United States for a number of preceding years.

The Superintendent of the Coast and Geodetic Survey.—This officer superintends the survey of the coasts and rivers of the United States. He has charge of the publication of charts and sailing directions which are of inestimable value to mariners.

The Light-House Board.—The Light-house Board has charge of the light-houses, of which 1199 had been established previous to the year 1899, besides the light vessels and beacons used for the protection of navigation.



THE DEPARTMENT OF LABOR.

On March 4, 1913, the bill was signed by the President which created the Department of Labor. It is evidence of the spirit manifested by the Americans to make their government serve the cause of human conservation. Besides the Bureau of Information, which was created for the department, there were transferred from other departments the Bureau of Immigration[55] and the Children's Bureau. The Division of Naturalization was made a bureau, and the Bureau of Labor was constituted the Bureau of Labor Statistics.

[Footnote 55: In 1912 there were 838,172 immigrants to the United States, and 2853 were refused admission. Of these there were 767 paupers, 31 contract laborers, 749 diseased persons.]

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Does the President select the members of his Cabinet from among former members of Congress? Would this be desirable?

2. Have the members of the Cabinet ever been allowed to appear before Congress in the interests of their own departments? Would this be desirable? Walker, The Making of the Nation, 92; Bryce, American Commonwealth, I, Chapter 9; Atl. Mo., 65:771-772.

3. Who are now the heads of the executive departments? Were they prominent in National affairs before they were selected for these positions?

4. In 1901 a bill was introduced in the House of Representatives which provided for an increase of the annual salary of the Vice-President to $25,000, and that of each member of the Cabinet to $15,000. What reasons can you give for or against such a change?

5. What was the history of the State Department prior to 1789? Harrison, This Country of Ours, 182-187.

6. Give a list of the Presidents who have been Secretaries of State. How do you account for this policy in the first years of our government, and not at a later time? Name some of the other prominent Secretaries of State.

7. Who are our ambassadors? Can you give the name of any foreign ambassadors in Washington? See Congressional Directory.

8. The methods by which our ministers are selected, take possession of their offices, and are presented at foreign courts, are described in Curtis, The United States and Foreign Powers, 15-21.

9. The duties of ministers. Curtis, The United States and Foreign Powers, 22-26.

10. Are our ambassadors given adequate salaries? Curtis, The United States and Foreign Powers, 13, 14.

11. From a consular report learn what the duties of a consul are? Curtis, The United States and Foreign Powers, 30-33.

12. For an account of our consular service, a comparison with that of other nations, and a consideration of some of the weaknesses in our system, see Curtis, The United States and Foreign Powers, 28-30.

13. A business man and the consular service. Century Mag., 60: 268-271.

14. Abuses in our consular system arising through appointment. Atl Mo., 85:455-466, and 669-683.

15. A plea for consular inspection. Forum, 30:28-34.

16. What is the great seal of the United States, and what is its use? Harrison, This Country of Ours, 199-200.

17. What is the particular work of the Marine Department? of the Steamboat Inspection Service? of the Marine Hospital? Lyman J. Gage, Organization of the Treasury Department, Cosmopolitan, 25:355-365.

18. What is the work of the Bureau of Engraving and Printing? Spofford, The Government as a Great Publisher, Forum, 19:338-349.

19. What is the extent of our merchant marine? Should it be increased? Statistical Abstract of the United States, 1900, 437-450.

20. From the appendix to the last Finance Report get the chief points connected with the work of the following officials: Treasurer, Chief of the Secret Service Division. A good description of the Treasury Department is given in Scribner's Mag., 33:400-411.

21. From the last report of the Bureau of Statistics find answers for the following: The expenditures of the government in the different departments; value of merchandise imported and exported; amounts of corn, wheat, cotton, wool, and iron produced, imported, and exported; the chief nationalities of immigrants, and comparison of the total number with previous years.

22. Are our coasts well defended? Harrison, This Country of Ours, 225.

23. Describe the work of the President, Secretary of War, Secretary of the Navy, and of the other Cabinet officers at the outbreak of war. Cosmop., 25:255-264.

24. For illustrated articles on education at West Point and Annapolis, see Outlook, 59:825-837, 839-849.

25. Comparison of our pension system with that of other nations. Forum, 33:346-348.

26. Defects in our pension system. Forum, 31:670-680.

27. Changing character of the immigration to the United States. Rev. of R's, 24:723, 724.

28. Why the Chinese should be excluded. Forum, 33:53-59.

29. Why the Chinese should be admitted. Forum, 33:50-68.

30. Influence of the allotment of land on the Indian. Forum, 34:466-480.

31. Results of the work of experiment stations. Scribner's Mag., 31:643-660.

32. For accounts of the new Congressional Library, see Century Mag., 53:682-694; 694-711; Atl. Mo., 85:145-158; Cosmop., 23:10-20.

33. What is the special value of the work of the Bureau of American Republics? Forum, 30:21-27.

For other questions and references on the topics in this chapter, consult Government in State and Nation, 259, 260.



CHAPTER XVI.

THE NATIONAL JUDICIARY.

ARTICLE III.

Establishment of an Independent Tribunal.—Alexander Hamilton characterized the lack of a judiciary as the crowning defect of government under the Confederation. If we consider the nature of our present government, it is easily seen that some form of independent tribunal is necessary. We have a central government exercising complete control over National affairs and foreign relations and, at the same time, the State governments with equally complete control over questions arising within their limits. If differences arise, then, as to the authority of National or State government over a given question, how are these disputes to be settled peaceably? After a brief discussion, the problem was answered in the Constitutional Convention by the formation of a Federal judiciary.

Organization of the Judiciary.—The organization of the judiciary is provided for as follows: Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

In 1789 Congress provided that the Supreme Court should consist of a chief justice and five associates. Circuit and district courts were also established. The Supreme Court at present consists of the chief justice and eight associate justices. It holds one session annually, at Washington, beginning on the second Monday in October and continuing until about May 1.

District Courts.—The territory of the United States has been divided into judicial districts, none of them crossing State lines and each having a district court. New York and Texas have each four districts; Alabama, Pennsylvania, and Tennessee three each; Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two each; and the remaining States have each a single district. Alaska and Hawaii constitute a district. Generally there is a judge for each district, but a single judge is at times assigned to two districts.

United States District Attorneys and Marshals.—A district attorney and marshal are appointed by the President for each district court. The United States district attorney is required to prosecute all persons accused of the violation of Federal law and to appear as defendant in cases brought against the government of the United States in his district. The United States marshal executes the warrants or other orders of the United States district court, and, in general, performs duties connected with the enforcement of the Federal laws which resemble the duties of sheriffs under State laws.

Circuit Courts and Courts of Appeals.—Established by the act of 1789, each circuit court was at first presided over by a justice of the Supreme Court and a district judge. The policy was to have as many circuit courts as there were justices of the Supreme Court. It was not until 1869 that a circuit judge was provided for each of the nine circuits. By an Act of Congress during the year 1911, in response to the agitation for a simplified Federal judicial system and greater expedition in the hearing of cases, the circuit courts were abandoned. Judges of these courts were transferred to the circuit courts of appeals. The circuit courts of appeals consist of three judges each, any two constituting a quorum. Supreme Court judges and district judges may sit in these courts. The Court of Claims was established in 1855 and consists of a chief justice and four associates. It holds an annual session in Washington.

Terms and Salaries of the Judges.—That the judiciary should be independent of parties and of other influences cannot be questioned. Hence the wisdom of the provision that United States judges shall hold their offices during good behavior and shall receive a compensation for their services which shall not be diminished during their continuance in office. Judges of the United States courts are appointed by the President with the consent of the Senate.

By an Act of Congress of 1911 the salary of the Chief Justice was fixed at $15,000 per annum; that of associate justices, $14,500; and district judges, $6000.

Jurisdiction of the National Courts.—We are next to consider the jurisdiction of the several courts that have been described.

Section 2, Clause 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more States;—between a State and citizens of another State;—between citizens of different States;—between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens or subjects. A careful consideration of this clause shows the wide extent of the powers of the United States courts. It shows also the desirability of having all such cases under their jurisdiction rather than under the authority of the State courts. Associate Justice Brewer wrote, with reference to the influence of the decisions of the Supreme Court on the history of the country:[56] "Its decisions have always been in harmony with and sustaining the proposition that this republic is a nation acting directly upon all its citizens, with the attributes and authority of a nation, and not a mere league or confederacy of States. The importance of this cannot be overestimated, and will be appreciated by all who compare the weakness of the old confederacy with the strength and vigor of the republic under the present Constitution."

[Footnote 56: "The Supreme Court of the United States," Scribner's Mag., 33:275,276.]

Suit against a State by a Citizen of Another State.—In the notable case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North Carolina, began action against the State of Georgia in the Supreme Court of the United States. That court interpreted the clause as applying to cases in which a State is defendant, as well as to those in which it is plaintiff. The decision was received with disfavor by the States, and Congress proposed the Eleventh Amendment to the Constitution, which was ratified in 1798 and is as follows:—

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state.

Original and Appellate Jurisdiction.—Clause 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The Supreme Court has original jurisdiction in "all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party." Original jurisdiction means that these cases may be begun in the Supreme Court. Other cases are brought to the Supreme Court from the inferior United States courts or from the supreme courts of the States and Territories by appeal. In such cases the Supreme Court is said to have appellate jurisdiction.

Jurisdiction of the Inferior Courts.—It is difficult in brief space to define minutely the province of each court The following accounts, therefore, give only a general description:—

The circuit courts of appeals are given final jurisdiction in certain cases appealed to them from the district courts, such as those arising under the patent, revenue, and criminal laws, as well as admiralty and other cases in which the opposing parties to a suit are an alien and a citizen, or are citizens of different States. There is reserved to the Supreme Court the decision of cases involving constitutionality.

The circuit courts of appeals have the final decision in nearly all other cases involving merely the application of ordinary law.

The jurisdiction of the district courts embraces criminal cases, admiralty cases, bankruptcy proceedings, suits for penalties, and the like. In general, the jurisdiction of cases formerly in the circuit courts was transferred to the district courts when the circuit courts were discontinued.

The Court of Claims "shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the government of the United States, which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of Congress."[57]

[Footnote 57: Statutes at Large, 612.]

Trial by Jury.—The right of trial by jury in all criminal cases had been insisted upon by Englishmen for centuries prior to the formation of our Constitution. There were two branches to the system, the grand and the petit juries. Each performed the same duties as they do now. The Constitution provides in Section 2, Clause 1, that

The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crime shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

This clause was attacked by the opponents of the Constitution in the State conventions. It was believed that the Constitution did not furnish adequate safeguards against unjust prosecutions. Because of this agitation, Congress, in its first session, proposed Amendments V, VI, VII, and VIII, which were duly ratified by the several States.

Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, etc.[58]

[Footnote 58: See Appendix A.]

Authorities have had difficulty in giving an exact definition of an infamous crime. That given by Judge Cooley is the most satisfactory. He says: "But the punishment of the penitentiary must always be deemed infamous, and so must any punishment that involves the loss of civil or political privileges."

The Grand Jury.—A grand jury consists of from twelve to twenty-three men. They sit in secret, and no accusation can be made by them without the concurrence of at least twelve. An indictment is a written accusation of an offense drawn up by a prosecuting officer on behalf of the government and laid before the grand jury. "A presentment is an accusation by a grand jury of an offense upon their own observation and knowledge, or upon evidence before them, and without any bill of indictment laid before them at the suit of government."[59] In the case of a presentment, the party accused cannot be held to trial until he has been indicted. After hearing the evidence, if the grand jury concludes that the accusation is not true, they write on the back of the bill, "Not a true bill" or "Not found." The accused, if held in custody, is then given his freedom, but he may be again indicted by another grand jury. If the grand jury decides that the accusation is true, they then write on the back of the bill, "A true bill" or "Found." The indicted person must be held to answer the charges made against him.

[Footnote 59: Story, "Commentaries on the Constitution," Sec. 1784.]

Rights of the Accused.—Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, etc. (See Appendix A).

Amendment VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

The accused must be given a public and speedy trial before an impartial jury, known as the petit jury, consisting of twelve men from the district wherein the crime was committed. The decision must be unanimous before a verdict can be rendered. The accused is given a copy of the indictment in which the nature of the accusation is clearly set forth and is granted time in which to prepare for his defense. Equally just and significant are the provisions that he shall be confronted by the witnesses against him, may compel the attendance of witnesses in his favor, and may employ counsel for his defense. In case he is not able to pay for his own counsel, the judge appoints one whose services are paid for out of the public treasury. If the verdict has been rendered by a jury and the judgment pronounced, the accused cannot be again brought to trial on the same charge.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What are the names of the members of the Supreme Court at present? Congressional Directory.

2. How large is the district in which your home is located? Who are the judges? Congressional Directory.

3. Under what conditions may a case be appealed from the supreme court of the State to the United States Supreme Court? Bryce, American Commonwealth, I, 228-230 (232-234).

4. How is the fact that conflicts between the authority of the Federal and the State courts do not arise, accounted for? Bryce, I, 234-235 (238).

5. Are the United States Courts influenced in their decisions by politics? Bryce, I, 259-261 (265-267).

6. Define treason and the punishment therefore. Constitution, Art. III, Sec. 3, Clauses 1 and 2. See Government in State and Nation, 268, 269.

7. Describe the influence of John Marshall as Chief Justice.

(a.) John Marshall, American Statesmen Series, Chapters X and XI.

(b.) Bryce, I, 261 (267).

(c.) Lodge, "John Marshall, Statesman," N. Am. Rev., 172:191-204.

(d.) John Marshall, Atl. Mo., 87:328-341.

8. Show how the development of our Constitution by interpretation has been brought about. Bryce, I, 366-375 (376-385).

9. What has been the influence of the Supreme Court in the history of our nation? Scribner's Mag., 33:273-284.



CHAPTER XVII.

TERRITORIES AND PUBLIC LANDS.

The History of Territories.—The first Territories of the United States were formed in the region lying north of the Ohio River and east of the Mississippi River. Here several of the original States (viz., Massachusetts, Connecticut, New York, and Virginia) had had claims, which they ceded to the general government during the period of the Confederation. This region was given the name Northwest Territory. It was governed under the Ordinance of 1787 enacted by Congress for this purpose. As settlers came into this region, Congress passed special acts for the government of the different Territories that were erected where now we find the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin.

In like manner, the region lying south of Kentucky was ceded to the United States by the Carolinas and Georgia, and was then formed into Territories and governed by Congress. Next, the Louisiana Purchase, Florida, the Mexican Cession, and the Oregon Territory came under the control of Congress; a succession of Territories was thus created, all of which have now been admitted into the Union as States. In the government of these Territories, Congress has acted in accordance with an important power granted to it by the Constitution.

Article IV, Section 3, Clause 3. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.

The Government of Territories.—Our Territories at present are Alaska, Porto Rico, and Hawaii.

The governing authorities in each are: (1) a governor, appointed by the President, with the consent of the Senate; (2) administrative officers—secretary, treasurer, auditor, attorney-general, adjutant-general, and superintendent of education, all appointed in the same way; (3) a legislature consisting of two houses, the members of the lower house, at least, being elected by popular vote; (4) a system of courts in which the judges are appointed by the President and Senate.

Relations between Territories and Congress.—A Territory is organized by an Act of Congress which provides for these officers and prescribes their powers. The Territorial legislature controls the internal affairs of the Territory; but its acts may be changed or vetoed by Congress. The people of a Territory have no voice in National affairs, but they elect a delegate to Congress, who may debate but not vote.

Porto Rico.—The government of Porto Rico is different at some points from that of the other organized Territories. The upper house of its legislature is the Executive Council and consists of the administrative officers of the Territory (secretary, treasurer, auditor, commissioner of the interior, attorney-general, and commissioner of education) and five other persons appointed by the President. Five of the eleven members of this council must be natives of Porto Rico. The House of Delegates has thirty-five members, elected triennially by the voters. There is elected by the people a "resident commissioner" to the United States, who, unlike the delegates from other Territories, has no seat in Congress, but rather has official relations with the President.

The Territory of Hawaii.—Hawaii was annexed to the United States in 1898, and its government was established by Congress in 1900. The administrative officers in this Territory are appointed by the governor, instead of by the President. Voters in Hawaii must be able to read and write either the English or Hawaiian language.

Alaska.—By a law of 1912, Alaska was given for the first time a Territorial legislature, consisting of two houses, elected by the people.

Our Government in the Philippine Islands.—The Philippines constitute the largest part of "our insular possessions," and are not classed as Territories. The word "colonies" better expresses their relations to the United States. They are governed by a commission of nine members: the governor, four heads of departments (Americans), and four Filipinos. All are appointed by the President with the consent of the Senate. This commission constitutes the upper house of the legislative body; the lower house or assembly is elected from certain districts of the islands where the people are considered civilized and are at peace. Voters must be property-owners and be able to read and write English or Spanish.

The entire group of islands is divided into provinces. In some of these the people have local self-government; in others there is military government under the United States army. In many cities the government is similar to that of American cities.

Besides numerous other small islands the United States possesses Tutuila in the Samoan group, Guam, and Wake Island. These are governed directly by the naval authorities of the government.

The Panama Canal Zone is governed by the Isthmian Canal Commission, consisting of seven men appointed by the President. The commission is subordinate to the War Department at Washington.

Political Relations with Cuba.—Cuba was under the control of our military authority between the time when our troops occupied the island, during the Spanish-American War, and the announcement of its independence in May, 1902. Although Cuba is now an independent republic, it is considered as a "protectorate" of the United States, and is subject to the influence of this nation in its dealings with other nations.

The Admission of Territories to Statehood.—While Territories depend to a greater or less extent upon the nation for their government, it has always been the policy of the United States to admit them into the Union as States when conditions became right for this action. That the power to admit States into the Union belongs exclusively to Congress is evident from the language of the Constitution:

Article IV, Section 3, Clause 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress.

Territories first apply for admission to the Union, and then either of two processes may follow: (1) Congress passes an enabling act authorizing the Territory to frame a constitution, which is submitted to Congress for approval. (2) Or, the Territory frames its constitution without waiting for the enabling act; with this in its hand the Territory then applies to Congress for admission. In either case, before giving its approval to the admission of a State, Congress must see that the constitution submitted contains nothing that is inconsistent with a republican form of government.