On the first day of the term, the court appoints one of the jurors foreman. The jury is then sworn, and, after being charged by the court, retires to a private room and proceeds to the performance of its duty.

The deliberations of the grand jury are conducted in secret. It may, however, summon and examine witnesses, [Footnote: Witnesses for the accused are not usually examined by the grand jury.] and may have the advice of the court or of the county attorney.

The fact that a crime has been committed within the county may be brought to the notice of the grand jury by any member thereof or by any other person. If upon examination there seems to be reason for believing that it was committed by the person accused, the county attorney is called upon to frame a formal accusation against him, called an indictment, which is endorsed with the words "a true bill," and sent to the court. Upon the indictment the person accused is arrested and tried.

If the evidence against the accused is insufficient to warrant indictment, but yet his innocence is questionable, the grand jury may bring a presentment against him. This is an informal statement in writing addressed to the court setting forth the offense and stating that there is a reasonable probability that a certain person, named, has committed it. A person arrested on a presentment is examined before a justice of the peace or other magistrate, as if arrested on a complaint. Neither an indictment nor a presentment can issue except upon concurrence of the number of grand jurors specified by statute. Under former practice the jury numbered twenty-three and the concurrence of twelve was necessary.

The grand jury is bound to investigate the charge against any one held by a justice "to await the action of the grand jury;" also any charge brought by a member of the grand jury. And conversely it is the sworn duty of each member to report any crime known by him to have been committed within the county. Any outsider may file information or bring charges, but the grand jury may use its own judgment as to the necessity of investigating them.

Petit Jury.—A petit jury is a body of twelve men impaneled and sworn in a district court to try and determine by a true and unanimous verdict, any question or issue of fact, in any civil or criminal action or proceeding, according to law and the evidence as given them in court.

The mode of selecting petit jurors is in general the same as that pursued in selecting grand jurors. The "list of persons qualified to serve" is, however, usually larger. The "selection by lot" is made thus: slips of paper, each containing one of the names, are folded and deposited in a box. The box is shaken, and the prescribed number of slips is drawn. The persons whose names thus appear are summoned as jurors.

When an action is called for trial by jury, the clerk draws from the jury box the ballots containing the names of the jurors, "until the jury is completed or the ballots exhausted." If necessary, the sheriff under direction of the court summons bystanders or others in the county to complete the jury. Such persons are called talesmen.

To secure an impartial jury, each party may object to or "challenge," a number of the jurors. The challenge may be "peremptory" or "for cause." The peremptory challenge, as its name implies, is one in which no reason need be assigned. The number of such challenges must, of course, be limited. In civil suits it is usually limited to three by each party. In criminal cases, the state has usually two peremptory challenges and the defendant five. If the offense is punishable with death or state prison for life, the state has in Minnesota seven peremptory challenges and the defendant twenty.

Challenges for cause may be either general or particular. A general challenge of a proposed juror may be made on the basis of his incompetency or unworthiness to act in such capacity in any action. A particular challenge may be based on some bias in this particular case which would unfit the proposed juror for rendering an impartial verdict.

Habeas Corpus.—Not connected directly with trials but related to the district court is the writ of habeas corpus. This is the most famous writ in law, and has been styled "the chief bulwark of liberty." It was designed originally to secure a person from being detained in prison without due process of law, and it served as a mighty check upon arbitrary power. Its operation has been extended so as to include any detention against the will of the person detained. The writ, as will be seen by reference to the appendix (p. 290), commands the person holding another in custody to bring him before the judge and show cause for the detention. If the judge finds that the prisoner is detained for cause he remands him to custody; if not he orders his discharge.

Concluding Remarks.—This discussion might easily be continued. Volumes have been written on the administration of justice. But perhaps enough has been given to show that great care is taken to protect the interests of the innocent and to do equal and exact justice to all. In view of flippant remarks sometimes made regarding courts of justice, it is pertinent and proper to go at least so far into detail. The study of Civil Government will have been pursued to little purpose if respect for law be not one of its fruits.

Some Pertinent Questions

How many judicial districts in this state? [Footnote: Consult Legislative Manual.] How many counties in the largest? In the smallest? How many have more than one judge? Why not let each county constitute a judicial district?

If some one owed you $40 and refused to pay, in what court could you sue? If he owed you $250? If the suit involved $1,000,000?

What is the relation of the plea to the action? Can anything be proved which is not alleged in the plea? Show the purpose of each rule of pleading. Of each rule of evidence.

What are the differences between a grand jury and a petit jury? Why is each so named?

If a person accused of crime is examined and held by a justice of the peace, as stated in a previous chapter, must he be indicted by a grand jury before he can be tried? Why? May a person's acts be inquired into by the grand jury without his knowing anything about it? May grand jurors reveal the proceedings of the jury? Why?

Why is there such a thing as a peremptory challenge of a juror? Why so many given to a person accused of crime?

Are lawyers officers of the court? What oath does each take on admission to the bar?

Questions for Debate

Resolved, That trial by jury has outlived its usefulness.

Resolved, That capital punishment is not justifiable.

References.—Dole's Talks about Law; Lieber's Civil Liberty and Self Government, 234-6; The Century, November 1882; Atlantic Monthly, July 1881; North American Review, March 1882 and July 1884.



CHAPTER VIII.

HISTORICAL.

Old England.—Not only our language but also very many of our political institutions we have inherited from England. But the country now called by that name is not the real old England. The fatherland of the English race is the isthmus in the northern part of Germany which we now call Schleswig. Here dwelt the old Angles or English. To the north of them in Jutland was the tribe called the Jutes, and to the south of them, in what we now call Holstein and Friesland, dwelt the Saxons. "How close was the union of these tribes was shown by their use of a common name, while the choice of this name points out the tribe which at the moment when we first meet them, in the fifth century, must have been the most powerful in the confederacy." [Footnote: Green's History of the English People.] Among themselves they bore in common the name of Englishmen.

Among the characteristics of those German ancestors of ours are the following: They were very independent; the free landholder was "the free-necked man." The ties of kinship were very strong. "Each kinsman was his kinsman's keeper, bound to protect him from wrong, to hinder him from wrong-doing, and to suffer with and pay for him if wrong were done." [Footnote: Green's History of the English People.] They were very much attached to home. "Land with the German race seems everywhere to have been the accompaniment of full freedom.... The landless man ceased for all practical purposes to be free, though he was no man's slave." [Footnote: Green's History of the English People.] Among themselves they were quite social. Though tillers of the soil they lived, not isolated, but grouped together in small villages. This may have been partly for mutual protection. They were lovers of law and order.

The Township.[Footnote: See American Political Ideas, pp. 31-63.]—The derivation of the word "township" shows us to whom we are indebted for the institution itself. The word is derived from the Anglo-Saxon tun-scipe. Tun meant hedge, ditch or defense; and scipe, which we have also in landscape, meant what may be seen. Around the village before mentioned was the tun, and beyond were the fields and meadows and woodlands, the whole forming the tun scipe or township.

To administer justice and to take any other action for the common good, the freemen gathered in folk-moot around the moot hill or the sacred tree.

Though the proceedings of these assemblies differed in detail from those of our town meetings, both contain the great principle of local self government.

The County.[Footnote: See American Political Ideas, pp. 31-63.]—Although with us the state is divided into counties and the counties into towns, the order of formation was originally the other way. The towns are the oldest institutions in our system. Later, from uniting forces in war came a union of action among adjoining towns during peace. Thus grew up what was called the Hundred.

When in the fifth century the English invaded Britain, many of the chieftains or military leaders rose to kingship over small areas. On the completion of the conquest these kings struggled among themselves for leadership, until finally England became united into one kingdom, and the little kingdoms were reduced to shires ruled by earls. With the growth of the king's power, that of the underkings or earls grew less. Then other shires were formed, and this institution became simply an administrative division. After the Norman conquest the French terms count and county came into use.

The earnest student will find both pleasure and profit in looking up the origin and history of the trial by jury, the criminal warrant, the writ of habeas corpus, bail, common law, the general rules of parliamentary practice, etc.

Town and County in America.—In New England the most important division of the state is the town; in the South it is the county.[Footnote: An excellent discussion of this may be found in "Samuel Adams, the Man of the Town Meeting," John's Hopkins University Studies in History, Volume II, Number 4.] In other states the relative importance of the two organizations depends upon the influence to which the state was most strongly subjected.

The reason for the difference is found in the character and circumstances of the early colonists.

In New England, the church was the center of the community. The severity of the climate and the character of the soil made it impracticable to cultivate large farms. The colonists had come mainly from the towns of England. These considerations and the presence of fierce and unfriendly Indians caused the settlers to group themselves into compact settlements. Their self assertion prompted them, and their intelligence enabled them, to take active part in public affairs. Hence the importance of the town in New England.

In the South, the colonies were planted largely in the interests of the proprietaries. The leading spirits had been county gentlemen in England and they naturally favored the county system. The mass of the people were unaccustomed and indifferent to direct participation in the government. Again, the warm climate and fertile lands were favorable to large plantations and a dispersed population; so that the character of the people and the circumstances under which they lived were alike favorable to the establishment of the county system pure and simple. To quote the pithy statement of Professor Macy, "The southern county was a modified English shire, with the towns left out. Local government in New England was made up of English towns with the shire left out."

Subsequently counties were formed in New England for judicial purposes, but the towns retained the greater number of their functions; and in the south, the counties were afterwards subdivided into election and police districts, but the administrative power remained with the county.

The Middle States divided the local power between the town and the county.

Migration is chiefly along the parallels of latitude. And people from habit and instinct organize new governments largely on the plans to which they are accustomed. Hence we are not surprised to find that in the states formed south of the line of the Ohio, the county is the principal division; while in the northwestern states the town is the important factor. Though in the Northwest the county is more important than in New England, the influence of the towns in county affairs is generally maintained by the selection of members of the county board from the several towns.

Illinois is a good example of the truth of the generalizations at the beginning of the preceding paragraph. The state is very long and reaches far to the south. The southern part of the state was settled first, and almost pure county government prevailed. By and by the northern part began to settle, and it grew in population faster than the southern part. The town was introduced, and now prevails in all but a few counties.

Can you see the relation of these facts to the generalization? Can you tell where the people of the two sections of the state came from?



PART II.

THE STATE.



CHAPTER IX.

WHY WE HAVE STATES.

1. Historical reason. We have states now because we had such organizations at the time this government was established. The colonies, founded at different times, under different auspices, by people differing in religion, politics, and material interests, remained largely independent of each other during colonial times, and on separating from England became independent states.

2. Geographical reason. Different climatic and topographic conditions give rise to different industries, and therefore necessitate different regulations or laws.

3. Theoretical reason. The theory of our government is that of decentralization of power.[Footnote: There being a constant tendency to centralization, this thought should be emphasized. See Nordhoff's Politics for Young Americans. (71)] That is, we think it best to keep power as near as possible to the people. If a certain work can be accomplished fairly by individual enterprise, we prefer that it be done so rather than through any governmental agency. If work can be done by the town just as well as by the county, we assign it to the town. And as between the state and the general government, we assign no duty to the latter which can be performed as well by the former.

4. Practical reasons. There are many practical reasons. Among them may be mentioned the following:

We need the state as a basis for the apportionment of members of congress. This is a federal republic, and representation in the national councils can be had only through statehood.

We need the state to establish a system of education, to control corporations, to put down riots when the local authorities cannot do so, to establish the smaller organizations, etc. These are some of the things referred to in paragraph three, which the state can do better than the general government.

There is in the state also a high court of justice to which cases may be appealed from the courts below.

HOW STATES ARE CREATED.

The "old thirteen" originated in revolution. They declared themselves "free and independent states," and maintained the declaration by force of arms. Each became a state "in the Union" by ratifying the constitution. Under the constitution states have been admitted into the Union on terms prescribed by congress. The plan in general is as follows:

1. When the number of people in a territory equals or nearly equals the number required to secure a representative in congress, the inhabitants thereof may petition congress, through their delegate, for an act authorizing the formation of a state government.

2. If the petition is granted, an "enabling act" is passed. This usually defines the territory to be comprised in the new state, provides for the calling of a constitutional convention, requires that the state government to be framed shall be republican in form, states the number of representatives in congress which the state shall have until the next census, and offers a number of propositions for acceptance or rejection by the convention. Among these are proposals giving land for the support of common schools and of a university, and for the erection of public buildings; and offering a portion of the net proceeds of the sale of public lands within the state for internal improvements. These offers are conditioned upon non-interference on the part of the state with the holding and selling by the United States of the lands within the state owned by the general government, and their exemption from taxation. The enabling act for Minnesota is given in the appendix, pp. 355-8. It is in a large measure typical. Students in most of the states can find the enabling act for their state in the legislative manual thereof.

Michigan, Kansas and Oregon formed their constitutions without an enabling act.

3. The constitutional convention provided for in the enabling act, having ascertained that it is the wish of the people to form a state, frames a constitution and submits it to the people of the proposed state for adoption.

4. If it is adopted, [Footnote: Wisconsin rejected the constitution of 1846, and New York that of 1867.] copies of the constitution are sent to the president and to each house of congress.

5. If the constitution framed is in accordance with our institutions, it is accepted and the state is admitted. [Footnote: The acts of congress of 1866 and 1867, admitting Colorado, were both vetoed by president Andrew Johnson.]

Kentucky, West Virginia, Maine, California and Texas became states in the Union without having been territories. The first two were detached from Virginia, and the third from Massachusetts, and admitted at once as states. California and Texas had been independent states before admission.

As typical of the mode of restoring the southern states to their old place in the Union, the act restoring Tennessee is given on page 358.



CHAPTER X.

STATE CONSTITUTIONS.

Their purpose.—A constitution in the American sense of the term is a written instrument defining the powers of government and distributing those powers among the branches or departments thereof. It is the fundamental law, the voice of the people granting or withholding power. A primary purpose of the instrument is to give form and authority to the government; another is to protect individuals and minorities from the tyranny of the majority. Each of the states has a constitution.

Their origin.—In most of the countries of Europe, including England, what is called the constitution is not written. It consists largely of the maxims of experience, the principles sanctioned by custom. When a new political custom becomes prevalent it gradually becomes recognized as part of the constitution.

Written constitutions in this country probably arose from the fact that the charters granted to the colonies and securing to them privileges, were in writing. And these written charters themselves grew out of a practice prevalent in England of securing the rights of towns and cities by written charters wrung from the king. Some general charters of liberties, too, had been secured. Among these may be mentioned the charter granted by Henry I. in 1100; the Magna Charta, or great charter, wrung from King John in 1215; and the Petition of Right, the Habeas Corpus Act, and the Bill of Rights, secured in the seventeenth century.

Some of the charters granted to colonies were so liberal in their terms that they were adopted as constitutions when the colonies became states. The charter of Connecticut remained its constitution till 1818. And even in 1842 it was with difficulty that the people of Rhode Island could be prevailed upon to give up the old charter for a new constitution.

Their Contents.—The state constitutions are very much alike in their general characteristics. After a preamble, setting forth the purpose of the instrument, they usually contain a bill of rights, intended to secure personal liberty and other personal rights. They then distribute the powers of government among three branches or departments, and provide for the organization and general procedure of each. Then follow miscellaneous provisions, relating to franchise, education, amendments, etc.

Their usual defects.—We have flourished so wonderfully under our system of government that we naturally have a great reverence for our national and state constitutions. So far has this feeling gone that a large number of people seem to fancy that there is some magic in the very word constitution. As a consequence state constitutions are usually too long; they contain too many miscellaneous provisions. Most of these relate to transient or petty matters which, if made affairs for public action at all, should be left to legislation. Changes in the constitution weaken our respect for it. Rarely should anything go into that great charter which has not stood the test of time, unless it has the promise of endurance as a necessary safeguard of the rights and liberties of the people.

BILLS OF RIGHTS.

These usually assert or guarantee the following:

Republican Principles.—That governments are instituted by the people and for their benefit; that all persons are equal before the law; that no title of nobility shall be granted.

Freedom of Conscience.—That there shall be perfect religious freedom, not, however, covering immoral practices; that there shall be no established or state church; that no religious test shall be required for the performance of any public function.

Freedom of Speech.—That any one may freely think, and publish his opinions, on any subject, being responsible for the abuse of this right.

Freedom of Assembly.—That the people may peaceably assemble to discuss matters of public interest and to petition the government for redress of grievances. This, of course, does not permit meetings designed to arrange for the commission of crime.

Freedom of Person.—That there shall be no slavery; nor imprisonment for debt, except in cases of fraud; nor unwarranted searches or seizures of persons or property; that no general warrants shall be issued; that the writ of habeas corpus shall not be suspended, except in certain emergencies; that persons may freely move from place to place.

Security of Property.—That private property shall not be taken for public use without just compensation therefor, previously paid or secured; that to prevent feudal tenure of land, long leases of agricultural land shall not be made, in most states the longest permitted term being twenty-one years.

Right to bear Arms.—That the right of the people to keep and bear arms shall not be infringed.

Freedom from Military Tyranny.—That the military shall be in strict subordination to the civil power; that there shall be no standing army in time of peace; nor shall any soldier in time of peace be quartered in private houses without the consent of the owner.

Forbidden Laws.—That no ex post facto law, no law impairing the obligation of contracts, nor any bill of attainder shall be passed; that there shall be no special laws in certain specified cases.

Rights of Accused Persons.—(a) Before trial. That no unwarranted searches or seizures shall be made; that, except in capital offenses, the accused shall, while awaiting trial, be bailable; that, except in minor cases, a person shall not be held to answer for a criminal offense unless on the presentment or indictment of a grand jury. (b) On trial. That the accused person shall have a speedy and public trial in the district where the crime was committed; that trial by jury shall remain inviolable; that the accused shall be informed of the nature of the charge against him; that he shall be confronted with the witnesses against him; that he may be heard in his own defense and shall have the benefit of counsel in his behalf; that he shall not be required to witness against himself; that he shall have compulsory process to compel the attendance of witnesses in his behalf; that he shall not be deprived of life, liberty or property without due process of law. (c) After trial. That no cruel or unusual punishment shall be inflicted; that no one shall twice be placed in jeopardy for the same offense.

Rights not enumerated.—There is usually a final statement that the enumeration of the above rights shall not be construed to deny or impair others inherent in the people.

COMMENTS ON THE ABOVE.

The rights above enumerated are among those which to us in America to-day seem almost matters of course. It seems strange that any one ever seriously questioned the fairness or the justice of the claims there set forth. But in enumerating them we are treading on sacred ground. Their establishment cost our ancestors hundreds of years of struggle against arbitrary power, in which they gave freely of their blood and treasure.

Many of these rights are guaranteed in the constitution of the United States, but only as against the general government. That they may not be invaded by the state government, the people have reserved them in the state constitutions.

Pertinent Questions.

In what sense are all men created equal? Is there anything in good blood? What was meant by the "divine right" of kings to rule?

Could a Mormon practice polygamy in this state, it being part of his religious creed? Why? Can an atheist give evidence in court?

What constitutes libel? Slander?

On what basis may a mob be dispersed? What cases of petition have you known?

What is a general warrant? A passport? Why may habeas corpus be suspended in time of war.

Give instances of private property taken for public use. What is meant by feudal tenure? How long a lease of agricultural lands may be given in this state? How about business property in a city?

May a person lawfully carry a revolver in his pocket? Why?

What is meant by the military being subordinate to the civil power? Which outranks, the secretary of war or the general of the army? Why should the statement be made about quartering soldiers, in view of the preceding statement?

What is meant by an ex post facto law? Why forbidden? May a law be passed legalizing an act which was performed as a matter of necessity but without authority?

What is to hinder an enemy of yours from having you arrested and cast into prison and kept there a long time? What is the purpose of bail? Why regarded as an important element of liberty? Why should a grand jury have to indict a person who has been examined and held for trial by a justice of the peace? Does a prisoner charged with murder or other high crime remain in handcuffs during his trial? Name the three or four most important guarantees to an accused person. Why are so many provisions made in his behalf?

If a ruler should wish to subvert the liberties of a people used to these guarantees, where would he begin?

What are some of the advantages possessed by a written constitution over an unwritten one? Of an unwritten over a written one? Is any part of our constitution unwritten?



CHAPTER XI.

BRANCHES OF GOVERNMENT.

Regulations and Laws.—When the school officers, acting for the people of the district, state formally what may and what may not be done by teachers and pupils, the formal expressions of governing will are called rules and regulations. Similar expressions by the town, village, city, or county authorities are called ordinances or by-laws. But when the state expresses its will through the regular channels, the formal expression is called a law.

The Three Branches of Government.—After a law is made it needs to be carried into effect. Incidentally questions will come up as to its meaning and application. Government, then, has three great functions or powers with regard to law.

In our government, and to a greater or less extent in all free countries, these powers are vested in three distinct sets of persons. If one person or group of persons could make the laws, interpret them, and enforce obedience to them as interpreted, the power of such person or persons would be unlimited, and unlimited power begets tyranny. One of the purposes of a constitution is to limit the power of the government within its proper sphere, and to prevent misuse of authority; and this organization of the government in three departments, each acting independently so far as may be, and acting as a check upon the others, is one of the modes of limitation.

The law-making, the law-interpreting, and the law-enforcing branches are called respectively the legislative, the judicial, and the executive branches.



CHAPTER XII.

THE LEGISLATIVE BRANCH.

Bicameral.—The legislature of every state consists of two chambers or houses. The reason for this is that during colonial times most of the legislatures consisted of two houses, the governor's council and the representative assembly. Then on becoming states, each of the "old thirteen," except Pennsylvania, organized bicameral legislatures. And the new states, being largely settled by people from the older states, naturally followed their example. The structure of congress has also had much influence.

The advantages to be derived from having two houses are numerous. Perhaps the only one which it is necessary to mention here is that it tends to prevent hasty legislation, because under this arrangement a bill must be considered at least twice before passage.

Apportionment.—As the population of a state is changeful, the constitution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the constitution, by the legislature itself. A re-apportionment is usually made every five years, after a census by the state or general government. The number of senators usually ranges between thirty and fifty; that of representatives from seventy-five to one hundred and fifty.

Meeting.—The legislature meets biennially in most of the states. People are beginning to understand that they may suffer from an excess of legislation. Some of the English kings used to try to run the government without parliament, and frequent sessions of parliament were then demanded as a protection to popular rights. Hence our forefathers instinctively favored frequent sessions of the legislature. But such necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions. [Footnote: Extra sessions may be called by the governor. Mississippi has its regular sessions for general legislation once in four years, and special sessions midway between.]

Election.—Senators and representatives are both elected by the people. In some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative, the senate districts being of course the larger. In other cases, the state is divided into senate districts only, and each senate district chooses one senator and an assigned number of representatives. The former plan prevails in Wisconsin, for instance, and the latter in Minnesota. The number of representatives chosen in a senatorial district varies from one to half a dozen, dependent upon population. Illinois has a peculiar, and it would seem an excellent, plan. The state is divided on the basis of population into fifty-one parts as nearly equal as possible. Each of these districts elects one senator and three representatives. In voting for representatives, a person may mass his three votes on one candidate, or give them to two or three. The purpose is to enable a party in the minority to secure some representation.

Term.—The length of term of legislators usually depends upon the frequency of sessions. The general principle seems to be that representatives shall serve through one session and senators through two. How long, then, would you expect the respective terms to be in states having annual sessions? In states having biennial sessions? By reference to the comparative legislative table on page 293 confirm or reverse your judgment.

Vacancy.—In case of a vacancy in either house the governor orders a new election in the district affected by the vacancy.

Individual House Powers.—Each house has certain powers conferred by the constitution having for their object the preservation of the purity and independence of the legislature. Among these are the following:

1. Each house is the judge of the election, returns, and qualification of its own members. Each person elected to either house receives from the canvassing board of the district through its clerk a certificate of election, which he presents when he goes to take his seat. Should two persons claim the same seat, the house to which admission is claimed determines between the contestants. The contest may be based, among other things, upon fraud in the election, a mistake in the returns, or alleged lack of legal qualification on the part of the person holding the certificate. Into any or all of these matters the house interested, and it only, may probe, and upon the question of admission it may pass final judgment.

2. Each house makes its own rules of procedure. These, usually called rules of parliamentary practice, you can find in the legislative manual. Upon their importance as related to civil liberty, consult Lieber's Civil Liberty and Self-Government.

The power to preserve order applies not only to members but to spectators also. Disorderly spectators may be removed by the sergeant-at-arms. On the order of the presiding officer such persons may be placed in confinement during the remainder of the daily session.

Unruly members are as a general thing simply called to order. For persistent disorder they may be reprimanded or fined. [Footnote: See Among the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To prevent a partizan majority from trumping up charges and expelling members of the opposite party, it is a common constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.

3. Each house chooses its own officers. Each house has a presiding officer, several secretaries or clerks, a sergeant-at-arms, a postmaster, and a chaplain. The sergeant-at-arms usually has a number of assistants appointed by himself, and there are a number of pages appointed by the presiding officer. These, however, hardly count as officers. The only exception to the rule enunciated is in those states having a lieutenant governor, who is ex officio president of the senate. Even in that case, the senate elects in case of a vacancy, the person so elected being chosen from among their own number and receiving usually the title of president pro tempore.

Quorum.—It would hardly be possible for all members to be present every day, therefore a number less than the whole should have authority to act. But this number should not be very small. The several constitutions fix the quorum for each house, usually at a majority of the members elected to it. But a smaller number has power of adjournment from day to day, so that the organization may not be lost; and it may compel the attendance of absent members, by sending the sergeant-at-arms after them.

Publicity.—On the theory that legislators are servants of the people, we would naturally expect the proceedings to be made public. And so they are. Publicity is secured in the following ways:

1. In accordance with the constitutional provision, each house keeps a journal of its proceedings which it publishes from time to time, usually every day.

2. Spectators are admitted to witness the daily sessions.

3. Newspaper reporters are admitted, and are furnished facilities for making full and accurate reports.

Privileges of Members.—In order that their constituents may not, for frivolous or sinister reasons, be deprived of their services in the legislature, the members of each house are privileged from arrest "during the session of their respective houses, and in going to and returning from the same." Nor can civil suit be brought against them during that time. But they may be arrested for treason, (defined in the constitution), felony, or breach of the peace, because if guilty they are unworthy of a seat in the legislature.

And in order that there may be the utmost freedom of speech in the legislature, that any member who knows of wrong being done may feel perfectly free to say so, the constitution of each state provides that "for any speech or debate in either house, they shall not be questioned in any other place."

Compensation.—Members of the legislature receive for their services a salary, which is sometimes specified in the constitution, but which is usually fixed by law. In the latter case no increase voted can be in effect until a new legislative term begins. This proviso is, of course, designed to remove the temptation to increase the salary for selfish ends.

In some countries no salary is paid to legislators, the theory being that with the temptation of salary removed only persons of public spirit will accept election. Our argument is that unless some remuneration be given, many persons of public spirit and possessed of capacity for public service would be barred from accepting seats in the legislature. In other words, the state wants the services of her best citizens, and does not wish lack of wealth on the part of any competent person to stand in the way. On the other hand, that there may be no temptation to continue the sessions for the purpose of drawing the pay, the constitution provides, where a per diem salary is paid, that members shall not receive more than a certain sum for any regular session, or a certain other sum for any extra session.

Prohibitions on Members.—To secure for his legislative duties the undivided attention of each member, the constitution provides that "no senator or representative shall, during the time for which he is elected, hold any office under the United States or the State." In some states, as in Minnesota, the office of postmaster is excepted. And in order that legislators may be freed from the temptation to create offices for themselves or to increase the emoluments of any office for their own benefit, it provides that "no senator or representative shall hold any office under the state which has been created or the emoluments of which have been increased during the session of the legislature of which he was a member, until one year after the expiration of his term of office in the legislature."

Eligibility.—To be eligible to the legislature a person must be a qualified voter of the state, and a resident thereof for, usually, one or two years; and shall have resided for some time, usually six months or a year, immediately preceding election, in the district from which he is chosen. This last provision is made to preclude people who have not been living in the district, and who therefore cannot know it or be interested particularly in its welfare, from representing it in the legislature.

Sole Powers.—The mode of making laws is discussed in another place. [Footnote: See "How Laws Are Made," page 344.] In making laws the houses have concurrent jurisdiction—they both take part. But there are some parts which belong to each house separately, besides the election of officers before mentioned. The house of representatives has in all states the sole power of impeachment, [Footnote: For mode of proceeding see page 331.] and in some states of originating bills for raising revenue. This latter power is given to it because being elected for a short term it is more directly under the control of the people than is the senate.

The power to impeach is vested in the representatives because for the reason stated, they seem more immediately in fact as well as in name to represent the people, who it will be remembered are always the complainant in criminal cases. And the senate has the sole power of trying impeachments. [Footnote: When the governor is being tried, the lieutenant governor cannot act as a member of the court.] The length of term frees the members from the fear of immediate punishment in case of an unpopular verdict. And if they are right time will show it. Historically, this division of power in cases of impeachment is derived from colonial practice and from the constitution of the United States.

The senate has also the sole power of confirming or rejecting the appointments of the governor.

Forbidden Laws.—In addition to the laws forbidden in that part of the constitution called the bill of rights, the legislature is usually forbidden to pass laws authorizing any lottery; or granting divorces; or giving state aid to private corporations; or involving the state in debt, except in case of war or other emergency.

Pertinent Questions.

Define constitution. What is a law? What is meant by common law? Statute law? Equity?

By reference to the comparative legislative table in the appendix, tell the most common name applied to the legislative body; any peculiar names; the names most commonly applied to the respective houses; the usual qualifications of members; the frequency of regular sessions, and the month of meeting most usual. Why is this time of year so uniformly chosen? What relation do you see between the frequency of sessions and the term of members? What is the relation between the terms of the respective houses? How does the number of senators compare with the number in the lower house? What state has the largest house? The smallest? Why is the term senate so common? Look up the derivation of the word. In what section of the country are the terms the shortest? Can you account for this? Which states require the highest qualifications in members?

Find out whether in your state there are any requirements not given in the tabulation. By reference to the legislative manual or other source of information find out any other facts of interest, such as the names of the speaker and other legislative officers; the number of your senatorial district, and the name of your senator; of your representative district, and the name of your representative; what committees are appointed in each house, and on which your local representatives are, and how they came to be selected for these particular committees; how vacancies are filled in the legislature; any contested elections that have occurred in your state and the basis of the contest; some of the important rules of parliamentary practice; the salary paid members in your state; any cases of impeachment, the charge, and the outcome; other forbidden laws.

If two persons claim the same seat in the senate, who will decide between them? In the lower house? What are the returns, and where are they kept? What appeal from decision is there? If your legislature is now in session, write to your representatives asking them to send you regular reports of the proceedings. Don't expect to get such reports for the whole session, however; that would be asking too much. From the newspapers, report on Monday the principal proceedings of the previous week. Have you ever seen a legislature in session? What is to keep a member of the legislature from slandering people?

State five powers which can be exercised only by the senate. Five, in some states four, which can be exercised only by the lower house.

Are you eligible to the legislature? If not, what legal qualifications do you lack? Could a member of the legislature be elected governor or United States senator?

At the last election did you preserve any of the tickets? Could you secure any of the ballots that were actually used in voting? Why?



CHAPTER XIII.

THE EXECUTIVE BRANCH.

Officers.—The chief executive office in every state is that of governor. There is in each a secretary of state and a state treasurer. Most states have also a lieutenant governor, a state auditor or comptroller, an attorney general, and a state superintendent of public instruction. In nearly every case these offices are created by the state constitution.

Eligibility.—The qualifications required in the governor and lieutenant governor are age, citizenship of the United States, and residence within the State. The age qualification is required because the responsibilities are so great as to demand the maturity of judgment that comes only with years. The requirement of citizenship and that of residence are so obviously proper as to need no comment.

For the other offices the qualifications required in most states are simply those required in a voter. [Footnote: For which see page 298.]

Election.—In every state the governor is elected by the people, and in most states the other officers are also. In a few states, some of the officers are chosen by the legislature on joint ballot, or are appointed by the governor and confirmed by the senate.

Term.—The terms of office of the governors are given in the table. Unless otherwise stated, the term of the other officers in each state is the same as that of the governor thereof. For the highest efficiency the term of a state officer should not be very short, two years being better than one, and four years better than two. When the term is four years, it may be well to limit the number of terms for which an officer may be elected. In some cases this is done.

Removal.—These officers and the others provided by statute may be removed on impeachment by the house of representatives, and conviction by the senate.

Vacancy.—For the office of governor there is in every state a line of succession appointed in its constitution. By reference to the comparative table, it will be seen that there is considerable uniformity in the order of succession. In case of a vacancy in any of the other elective offices, the most usual plan is for the governor to make a temporary appointment until a new election can be held. For an appointive office, the appointment is usually good until the end of the next legislature or for the remainder of the term.

Salary.-The salary attached to each office is usually fixed by law, subject to the constitutional limitation that it shall not be increased nor diminished during the term of the incumbent. See page 294.

The Duties of the Officers.

Governor.—The great, the characteristic duty of the governor is to see that the laws are faithfully executed. Since this may sometimes require force, he is made by the constitution commander-in-chief of the military forces of the state, and may call out these forces to execute the laws, suppress insurrection, or repel invasion.

He appoints, "by and with the advice and consent of the senate," most of the important state officers and boards, as provided by law. The advice of the senate is rarely if ever asked. But its consent must be obtained to make any such appointment valid.

As his duties continue through the year and have to do with the whole state, and as he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject pertaining to the duties of their respective offices, he is supposed to know more than any other person about the situation and needs of the state as a whole; and it is, therefore, made his duty to communicate by message to each session of the legislature such information touching the affairs of the state as he deems expedient. The regular message is sent at the opening of the legislative session, and special messages at any time during the session as they seem to be needed. On extraordinary occasions he may convene the legislature in extra session.

To place another obstruction in the way of hasty legislation, the governor (except in Delaware, North Carolina, Ohio, and Rhode Island) has a limited veto. [Footnote: See comments on the president's veto, page 150.]

In the administration of justice mistakes are some times made. An innocent person may be found guilty, or a guilty person may be sentenced too severely, mitigating circumstances appearing after sentence is passed. For these and other reasons, there should be power somewhere to grant reprieves, commutations, and pardons. In most of the states this power is vested in the governor. It does not, for obvious reasons, extend to cases of impeachment. Many thoughtful people, including some governors and ex-governors, question very seriously the wisdom of this absolute assignment of the pardoning power. One suggestion by way of limitation is that no pardon issue except upon recommendation of the judge of the court in which conviction was wrought.

Lieutenant Governor.—As may be seen by reference to the comparative table, several of the states have no such officer. The office is designed simply to save confusion in case of a vacancy in the office of governor, in which case the lieutenant governor acts as governor during the vacancy. To give him something to do the lieutenant governor is ex officio president of the senate. [Footnote: In case of a vacancy in this office, the senate, in most states, chooses one of its own number to act as president pro tempore.] In most of the states, he has no voice in legislation, except a casting vote in case of a tie. But in some states, as indicated in the comparative table on page 294, he can debate in committee of the whole.

State Treasurer.—This officer has duties and responsibilities similar to those of a county treasurer.

Attorney General.—This officer has two chief duties. He represents the state in suits at law, and may be called upon to aid county attorneys in criminal prosecutions. When invited to do so he gives legal advice to the legislature and to the executive officers, on matters pertaining to their official duties.

Secretary of State and Auditor.—The county auditor, you remember, has three general lines of duty: 1. To act as official recorder and custodian of papers for the county board. 2. To be bookkeeper for the county, and in connection therewith to audit all claims against the county, and issue warrants on the county treasurer for their payment. 3. To apportion the taxes.

The corresponding duties in the state, except recording the acts of the legislature, which is done by legislative clerks, are in most states divided between two officers, the secretary of state and the state auditor or comptroller.

The secretary of state has, as his characteristic duty, the preservation or custody of state papers, acts of the legislature, etc. He is also keeper of the great seal of the state, and authenticates state documents, commissions, etc. Incidentally he has other duties. In some states he prepares the legislative manual; he sees that the halls are ready for the sessions of the legislature, calls the house to order at its first meeting, and presides until a speaker is chosen. He also indexes the laws and other state documents, and superintends their printing and distribution. [Footnote: In some states there is a superintendent of printing.]

The auditor or comptroller is bookkeeper for the state, audits accounts against it, and draws warrants upon the state treasurer for their payment. [Footnote: No money can be paid out except on appropriation by the legislature.] The state auditor, also, comparing the legislative appropriations with the assessed value of the property of the state, computes the rate of the state tax and reports it to county auditors.

In some states, Wisconsin, for instance, the duties of both offices are performed by the secretary of state.

In some states the auditor is ex officio land commissioner. In other states there is a separate officer to take charge of state lands.

Superintendent of Public Instruction.—This officer has general supervision and control of the educational interests of the state. He is often ex officio a member of the board of regents of the state university, of the board of directors of the state normal schools, and of the state high school board. He has the appointment and general management of state teachers' institutes. He meets and counsels with county and city superintendents. Thus an active, earnest, competent man may influence for good the schools of all grades throughout the state. He reports to the legislature at each session, through the governor, the condition and needs of the schools of the state. In this report he recommends such measures for the improvement of the educational system of the state as he deems advisable. In many states he apportions the state school money.

Assistants.—Usually the above officers have assistants appointed by themselves.

OTHER STATE OFFICERS.

The officers given above are the typical state officers, but every state has others. Of these the most important are shown in the comparative tabulation.

Some states provide the governor with a council. This is in most cases simply an advisory, not an administrative or executive body.

Some Pertinent Questions.

What are the qualifications required in the governor of this state? The lieutenant governor? The other officers? The names of the state officers? The length of their terms? The officers not mentioned in the text, and their duties? Name the state officers whom you have seen.

Which states require the highest qualifications in the governor? The lowest? Which give the longest term? The shortest? The highest salary? The lowest? Which states limit the number of terms? Which have no lieutenant governor? In which states is a majority vote required? Does there seem to be any sectional law as to these things; that is, is there anything peculiar to New England, or to the south, or to the northwest? What seems to be the general law of succession to the governorship? What exceptions?

What is meant by saying that the governor executes the law? Is this saying strictly true? Is a sheriff an executive or a judicial officer? The constable? The mayor of a city? Can an executive officer be sued? A judicial officer?

How many senators and representatives would it take to pass a bill over the governor's veto? Have you ever known of its being done? If the governor should go to Washington on business of the state or on private business, who would act as governor? How long would he so act? Could he pardon convicts at that time? Have you ever read a message of the governor?

If the state superintendent of public instruction wants information on some point of school law, to whom should he appeal? How much would he have to pay for the advice? What force would the opinion have? Could he obtain a legal opinion as to a private matter on the same terms?

If you had a bill against the state, how would you get your pay? If payment were refused what could you do? (Do not try to answer off-hand. Ask a lawyer.)

How are the expenses of the state government met? The amount of state expenses last year? (See report of treasurer.)

What are the sources of the school fund, of this state? Did you ever know of school lands being sold in your county? By whom, how, and on what terms?

Name your county superintendent of schools. The state superintendent. Is there a United States superintendent? Get the report of the state superintendent and find out what it contains. Ask your teacher to let you see the teachers' report to the county superintendent. How much state money did your district receive last year?



CHAPTER XIV.

OTHER STATE OFFICERS.

Adjutant-General.—To aid the governor in the discharge of his duties as commander-in-chief, there is an officer called the adjutant-general. Through him all general orders to the state militia are issued. He also keeps the rolls and records of the militia. In some states he is required by law to act as attorney for those seeking pensions from the United States.

Railroad Commissioners.—To prevent railroads from charging extortionate rates for passengers or freight; to see that reasonable facilities are provided, such as depots, side tracks to warehouses, cars for transporting grain, etc.; to prevent discrimination for or against any person or corporation needing these cars; in other words, to secure fair play between the railroads and the people, a railroad commission consisting of from one to three members has been established in many states by the legislature.

Insurance Commissioner.—To protect the people from unreliable insurance companies, there is an officer called the insurance commissioner. No insurance company can legally transact business in the state until it has satisfied the commissioner that its methods of insurance and its financial condition are such as to give the security promised to those insured by it. The certificate of authority granted to any company may be revoked by the commissioner at any time if the company refuses or neglects to comply with the conditions established by law.

State Librarian.—Each state has a valuable library, composed chiefly of law books, but containing also many other valuable books and pamphlets. This library is open to the public. It is in charge of the state librarian, who acts under prescribed rules.

Public Examiner.—To render assurance doubly sure that public money shall be used only for the purposes for which it is designed, provision is made for the appointment of "a skillful accountant, well versed in the theory and practice of bookkeeping," to exercise constant supervision over the financial accounts of state and county officers and of banking institutions incorporated under state laws. This officer is called the public examiner.

The officers visited are required by law to furnish the public examiner facilities for his work, and to make returns to him under oath. The examiner reports to the governor, who is empowered to take action to protect the interests of the people.

Oil Inspector.—To protect the people from the danger of burning oil unfit for illuminating purposes, there is an officer called the inspector of illuminating oils. The inspector appoints a deputy for each county. It is the duty of these officers to test the illuminating oils offered for sale, and to mark the barrel or package containing it "approved" or "unsafe for illuminating purposes," as the case may be. Penalties are attached to the selling of oils not approved.

Boiler Inspector.—Steam is now used as power in threshing grain and in grinding it, in sawing lumber, in propelling boats and cars, etc. To prevent loss of life, engineers must pass an examination and secure a certificate of qualification. And boilers must be inspected at least once a year to prevent explosions. The latter duty devolves upon the state boiler inspector and his assistants. Locomotive engines on railroads are sometimes exempt from government inspection, because of the invariably high skill of the engineers and the great care of the companies.

Labor Commissioner.—Among the questions now receiving consideration from states and nations are many referring to labor—the healthfulness of factories, hours of labor, employment of children, protection against accidents, etc. In many of the states there is a commissioner of labor to make inspections and formulate statistics pertaining to labor.

Officers Peculiar to Certain States.—There are in some states other officers, necessitated by special industries. Thus, in Minnesota, where the grain, dairy and lumber interests are very important, there are inspectors of grain, a dairy commissioner, and surveyors-general of logs.

Appointment and Term.—The officers named in this chapter are elected in some states; in others they are appointed by the governor and confirmed by the senate. The term is usually two years.

All are required to give bonds for the faithful discharge of their duties. All have clerks, deputies, or assistants, appointed by themselves, for whose official acts they are responsible.

ADMINISTRATIVE BOARDS.

Besides the boards in charge of the several state institutions there are usually a number of administrative boards. Of these the most important are:

1. The state hoard of health, whose duty it is "to make inquiries concerning the causes of disease, especially of epidemics; the effect of employments, conditions, and circumstances upon the public health," etc.

2. The state board of charities and corrections, whose duty it is "to investigate the whole system of public charities and correctional institutions of the state, and examine into the condition and management thereof, especially of prisons, jails, infirmaries, public hospitals, and asylums."

3. State board of equalization, which equalizes assessments throughout the state so as to render taxation as nearly just as possible. This board takes cognizance only of classes of property; it does not attempt to correct individual grievances.

4. The state board of immigration, appointed "to encourage immigration, by disseminating information regarding the advantages offered by this state to immigrants."

5. The commissioners of fisheries, whose duty is to take means to increase the number of food fish in lakes and rivers. To this end the board secures from the United States commissioner of fisheries the quota of spawn allotted from time to time to the state, and from other sources spawn of such fish as seem desirable, and has them placed in such lakes and rivers as they will be most likely to thrive in.

The members of these boards are appointed by the governor. They serve without pay, except the board of equalization. The state pays the expenses incident to the discharge of their duty. The secretary of each board receives a salary, specified by law.

There are also boards to examine candidates for admission to practice medicine, pharmacy, dentistry, and law.

Some Pertinent Questions.

Locate the state university, the state normal schools, all of the schools for the unfortunate, the lunatic asylums, the state prisons.

What is the maximum rate per mile that can be charged by railroads for the transportation of passengers in this state? How came this to be? If a farmer wished to ship a carload of wheat without putting it into a warehouse, how could he get a car? If a car were refused what could he do?

Examine the end of a kerosene cask, and find out what the marks on it mean. By reference to the latest report of the secretary of the state board of immigration, find out what inducements to immigrants this state offers. Is there probably such a board as this in the eastern states? Why? In European countries? Why?

Does your school receive copies of the pamphlets issued by the state board of health?



CHAPTER XV.

THE JUDICIAL BRANCH.

We have seen that minor differences may be adjudicated in each town, village and city, by justices of the peace and municipal courts; and that courts having jurisdiction unlimited as to the amount at controversy are held in every county. And these may all be properly called state courts, the state being subdivided into judicial districts, each comprising one or more counties, for the purpose of bringing justice within the reach of every person. But there is also in every state a

STATE SUPREME COURT.

Need of.—The supreme court is needed for the following reasons:

1. To review cases on appeal. Notwithstanding the great care exercised in the lower courts, errors are liable to occur, and the person aggrieved may ask for a new trial. If this be denied, he may appeal to the supreme court. Appeals are usually taken on one or more of three grounds—(a) On exceptions to rulings of the judge as to the admissibility of testimony; (b) On exceptions to the judge's charge to the jury; (c) On the ground that the verdict of the jury is not warranted by the evidence.

2. To interpret the law. The exceptions referred to in the preceding paragraph may involve the meaning of a law. In that case the decision of the supreme court establishes the meaning of the law in question, and the lower courts of the state are thereafter bound by the interpretation given.

3. To pass upon the constitutionality of a law. The appeal may be made for the purpose of testing the constitutionality of a law. If declared unconstitutional by the supreme court, the law is void.

4. To issue certain remedial writs. Among these may be mentioned the writ of habeas corpus and the writ of mandamus. Thus, if a person has been committed to prison by decree of one of the lower courts, to appeal the case and get it reviewed, might take so much time that the term of imprisonment would expire before relief could be obtained. To bring the matter quickly to the test, the writ of habeas corpus may be used.

How Constituted.—The supreme court consists of one chief justice and two or more associate justices. The number in each state may be seen by reference to the appendix (pp. 296-7), as may also the term of service, the number of sessions held during the year, etc.

Reports.—Since the decisions of the supreme court are binding upon all the lower courts of the state, they must be published in permanent form. To this end, the clerk of the supreme court makes an elaborate record of each case; the judges render their decisions in writing, giving their reasons at length; and the reports of the decisions are prepared for publication with great care by an officer called the reporter. The decision is written by one of the judges, who signs it, but it must be agreed to by a majority of the court. The bound volumes of reports are found in every lawyer's library.

A Court of Final Appeal.—In all cases involving only state laws, and this includes a large majority of cases, the decision of the state supreme court is final. Only on the ground that the state law is not in harmony with the constitution or laws of the United States can a case involving such a law be appealed from the supreme court of the state. The appeal is to the supreme court of the United States, which decides merely the question of the validity of the law.

State Courts and Federal Courts.—The jurisdiction of the United States courts is given in the constitution of the United States, Article III, section 2. If during the progress of a trial in a state court, rights claimed under the United States constitution or laws or under a treaty of the United States become involved, the case may be removed to a federal court.

No Jury in the Supreme Court.—There is no jury in the supreme court. Questions of fact are determined in the lower courts. Appeals are on questions of law. A transcript of the proceedings in the trial court is submitted to the supreme court. Ask a lawyer to show you a brief and a paper book.

Some Pertinent Questions.

Give the jurisdiction of a justice court. Of a probate court. Of a district or circuit court. Of the supreme court?

Who is the recording officer of a justice court? Of a probate court? Of a district court? Of the supreme court?

Who keeps a record of the testimony in a justice court? In a district court? What is meant by "noting an exception," and why is it done? If a person is dissatisfied with the decision of the supreme court, what can he do about it?

Who besides the judges of the supreme court can issue the writ of habeas corpus?

Name the justices of the supreme court of this state. How are they chosen? How long do they serve? How many terms does this court hold annually? Where are they held? How long do they last? Read some of the syllabi of the decisions as they appear in the newspapers. Who prepares these outlines for the press?

Which state in the Union has the largest supreme court? Which has the smallest? Which demands the highest qualifications? In which is the term the longest? In which the shortest? Does a decision of the supreme court of New York have any weight in Minnesota? Which states rank highest in the value attached to the decisions of their supreme courts? How do you account for this?

Paper: By means of pages 292-7, &c., prepare a tabular view of your state, taking that on pages 314-15 as a model.



CHAPTER XVI.

RETROSPECT AND PROSPECT.

Each Organization a Miniature Government.—Some things of general interest are matters for regulation by the state as a whole, through its legislature. But many things are properly left to local regulation. For instance, in a timbered town, where fences can be cheaply built, it may be desirable, especially if there is much wild land, to let cattle run at large, each person fencing out the cattle from his crops. On the other hand, in a prairie town, where fencing is expensive, or where there is little wild land, it may seem best to arrange that each person shall fence in his own cattle. No persons can judge which is the better plan for a given neighborhood so well as the people who live there. And to them it is left, to be determined at the annual meeting. In passing upon such questions, in appropriating money for local improvements, &c., powers pseudo-legislative are exercised. Matters of detail are determined by the supervisors, and they with the clerk, the treasurer, the road overseers, the constables, and the assessor, constitute what may be called the executive, or more properly the administrative, department. And the local judicial functions are performed by the justices of the peace. Similarly it may be shown that the village, the city, and the county are governments in miniature.

Local Officers as State Officers.—The governor is the chief executive officer of the state, but not the only one. There are others enumerated on pages 90-99. But besides these, the state uses local officers in part to carry into execution the acts of the legislature. For instance, when the legislature has appropriated a certain sum for a specific purpose, the executive department raises and applies the money. To this end, the taxable property of the state is "valued" by the assessors; these estimates are reviewed by the boards of equalization; the county auditors make up the tax lists; the county treasurers collect the money and transmit it to the state treasurer, from whom it goes to the institution for whose benefit it was appropriated.

All writs issued by justices of the peace run in the name of the state, showing that these are in a certain sense state judicial officers.

State Officers as United States Officers.—As a rule the United States appoints its own officers, and stations them where they are needed. But in a very few cases, state officers are used. For instance, in order that persons accused of crime against the United States may be promptly apprehended, commissioners of the United States circuit court are appointed in every state with power to issue warrants of arrest and take testimony. But in the absence of a commissioner, the warrant may be issued and testimony taken by any judicial officer of the state. In such a case, a justice of the peace may act temporarily as a United States officer. The best interests of society are served thereby.

Elective and Appointive Officers.—In the school district and the town all officers are elected, none being appointed except to fill vacancies. As the organizations increase in size, appointive offices increase relatively in number, until among officers of the United States only two are elected. Members of the legislative department in each of the organizations are elected.

Vacancies.—These occur usually either by death or resignation, occasionally by removal from office. To save the expense of a special election, vacancies in elective offices are filled by temporary appointment, except in the case of members of the legislature and members of the United States house of representatives.

Resignations.—These are sent as a rule: (a) by elective officers, to that officer who is authorized to make the temporary appointment or to order a new election; (b) by appointive officers, to the body, board, or officer that appointed them.

Pertinent Questions.

Who constitute the legislative department in a town? In a village? In a city? In a county? The executive in each? The judicial? Show that the county superintendent of schools is also one of the executive officers of the state. Do any local officers belong to the state legislative department? Should the judges of the circuit court be elected or appointed? Should all the county officers be elected at the same time? To whom would a member of congress send his resignation if he desired to be relieved? A judge of the state supreme court? The county auditor?



PART III.

THE NATION.



CHAPTER XVII.

HISTORICAL.

In order to understand the government of the United States, we must examine its beginnings and antecedents.

THE COLONIES.

When Columbus returned to Spain with his marvelous stories of the New World, expeditions were fitted out which soon filled the coffers of that country with wealth from Mexico, Central and South America, and the West Indies. Spain became the wealthiest nation of the world. Other countries soon caught the infection, and expeditions were sent from France, Holland and England, the other great commercial nations of western Europe.

For a long time scarcely any effort was made to form permanent settlements, and the attempts that were by and by made were unsuccessful. For more than a hundred years the territory now included within the United States remained unoccupied, except at a few points in the southern part. Explorations were, however, pushed with vigor, and many conflicting claims were based upon them.

About the beginning of the seventeenth century permanent settlements began to be made, yet the increase in population was for the succeeding hundred and fifty years very slow. During this time settlements were made in the tropical part of America by the Spanish; the French founded settlements in Canada and established a chain of forts along the Ohio and Mississippi; and the English, though claiming all the land to the Pacific, made settlements only along the Atlantic. The Dutch and the Swedes made settlements along the Hudson and about Delaware Bay, respectively.

By the middle of the eighteenth century, the Swedes had been dispossessed by the Dutch, who in turn had succumbed to the English. And in 1756 began the great struggle between France and England for the possession of the Mississippi Valley. England won, and the existence of the United States as we know and love it became a possibility.

THE CAUSES OF THE REVOLUTION.

The causes of the Revolutionary War fall naturally into two great classes, the remote and the immediate.

The Remote Causes.—Among the underlying causes of the war may be mentioned the following:

1. The location of the colonies. They were separated from the mother country by a great ocean, which then seemed many times as wide as it does now. Communication was so infrequent that the authorities in England could not keep track of what was going on in America, and misgovernment could flourish unchecked because unknown. And so far away and so differently circumstanced from the people in England were the people of the colonies that the former could not appreciate the real needs of the latter.

2. The character of the colonists. Character is the product largely of ancestry and circumstances. The ancestors of these people, after a struggle lasting hundreds of years, had established liberty in England and intrenched it in guarantees the wisest ever devised by man. From them the colonists inherited the right of freedom from arbitrary arrest; of giving bail in ordinary offenses; of a speedy, public trial by jury, near the place where the crime was alleged to have been committed; of the writ of habeas corpus; of established rules of evidence; and, indeed, of nearly all the rights mentioned in the first ten amendments to the constitution of the United States. Their ancestors had, in the war between Cromwell and Charles I., laid down their lives to establish the principle that taxes can be laid only by the people or by their representatives. The colonists themselves had been compelled to face difficulties incident to life in a new country, and had developed the power to act independently in matters pertaining to their individual good. And in the management of their several commonwealths they had gained considerable experience in governmental affairs. With such ancestry and such experience they would not tamely endure being imposed upon.

3. The character of the king. On the death of Queen Anne without an heir, George I., elector of Hanover, had become king of England, and he had been succeeded by his son, George II. To both of these kings England was really a foreign country, of whose institutions, and of whose language even, they were profoundly ignorant. As a consequence, their personal influence in England was small. When, in 1760, young George III. ascended the throne, he resolved to be king in fact as well as in name. This determination, which he adhered to, coupled with his unfamiliarity with English institutions, explains many things otherwise difficult to understand. (See Fiske's War of Independence, pp. 58-70.)

4. The prevailing mode of colonization. Many of the colonies had been founded for commercial reasons merely, with no intention of forming governmental institutions, Chartered companies and individuals planted settlements for the profit there was supposed to be in doing so. These colonies were designed to be merely "self-supporting trading outposts of England." Money had been put into these enterprises, and in the effort to secure a profitable return many unjust commercial restrictions were imposed upon the colonists.

Immediate Causes.—Among the immediate causes of the Revolutionary War may be mentioned:

1. The French and Indian War. In the first place, this war facilitated the union of the colonies. Several attempts at union had failed; there were too many opposing influences. While by far the greater number of the colonists were English, there were many Dutch in New York, and some Swedes remained in Delaware. Moreover, the English themselves differed radically in politics, those in the South having been royalists, while those in New England sympathized with Cromwell and parliament. But more serious than these political differences, were the differences in religion. The old European quarrels had an echo here, and the catholics of Maryland, the episcopalians of Virginia, the puritans of Massachusetts, the baptists of Rhode Island, the lutherans of New York, and the quakers of Pennsylvania, all had grievances to remember. Travel, which does so much to broaden the mind and free it from prejudice, was both difficult and dangerous. The French and Indian War, bringing together men from all the colonies, was of great service in breaking down intercolonial animosities. Facing the same dangers, standing shoulder to shoulder in battle, and mingling with each other around the camp fires, the men of the several colonies came to know each other better, and this knowledge ripened into affection. The soldiers on their return home did much to disseminate the good feeling.

In the second place, the French and Indian War by annihilating all the claims of France to American soil removed the principal enemy that had rendered the protection of England necessary to the colonies.

In the third place, this war gave the colonists an experience in military affairs and a confidence in their own powers which emboldened them to dare open rebellion.

And in the fourth place, this war produced the debt which led to the taxation which was the most immediate cause of the outbreak.

2. Various tyrannical acts of the king. These are given explicitly in the Declaration of Independence.

Some Pertinent Questions.

Name a country in the world's history that ever allowed its colonies representation in its home parliament or legislative body. Name one that does it today. Why do territories in this country desire to become states?

Name some country, other than England, which could have given birth to the United States. Prove your proposition.

The Duc de Choiseul, the French minister who signed the treaty whereby France yielded to England her claims to American soil, remarked after doing it, "That is the beginning of the end of English power in America." What did he mean? Upon what did he base his opinion? Why did France help the Americans in the Revolutionary War?

What is meant, in speaking of the colonies, by royal province? Charter government? Proprietary government?

What experience in law making did the colonists have? Where and when did the first representative assembly in America convene? Find in the Declaration of Independence an expression complaining of non-representation in parliament.

To the patriotic and far sighted men who had striven to form a union of the colonies, did the religious differences which frustrated their plans seem fortunate or unfortunate? Can you see how it came about that we have no state church, that we enjoy religious freedom? Doesn't it seem that there must have been a Planner wiser than any man who was working out His own designs?



CHAPTER XVIII.

THE ARTICLES OF CONFEDERATION.

WHAT PRECEDED THEM.

The Revolutionary Period.—The nation was born July 4, 1776. From that time until the adoption of the articles of confederation in 1781 the people of the United States carried on their governmental affairs by means of a congress "clothed with undefined powers for the general good."

This congress had, speaking "in the name and by the authority of the good people of these colonies," issued the declaration of independence; it had entered into an alliance with France; and it had prosecuted the war almost to a successful issue, before it had received any definite warrant for its acts. Its acts were justified by necessity, and had their authority in the "common consent" of a majority of the people. During nearly all of the revolutionary war, the people of the colonies were largely "held together by their fears."

THE ARTICLES THEMSELVES.

Their History.—But these were pre-eminently a people of peace and good order. This is shown in part by the spirit and form of the declaration of independence. They had no idea of allowing themselves to lapse or drift into anarchy. They understood the necessity for a permanent government.

Accordingly, when, on the eleventh of June, 1776, a committee of congress was appointed to "abolish" one form of government by drafting a declaration of independence, another committee was appointed to frame a plan on which to "institute a new government."

After more than a month's deliberation this committee reported its plan, embodied in what is called articles of confederation. This plan was discussed from time to time, and finally, somewhat modified, was agreed to by congress, November 15, 1777. It was then submitted to the states for ratification.

In July, 1778, the articles were ratified by ten of the states. New Jersey ratified in November, 1778, and Delaware in February, 1779. But the articles were not to become binding until ratified by all the states, and Maryland did not authorize her delegates in congress to sign the instrument in ratification until March 1, 1781. (Maryland claims to have fought through the revolutionary war, not as a member but as an ally of the United States.)

Their peculiarities.—The articles of confederation were different from our present constitution, both in principle and in method of operation, as follows:

1. The nature of the government formed. The government was that of a "confederation of states," each retaining its sovereignty and independence. The union was declared to be a "firm league of friendship." It was to be perpetual.

2. The branches of government. Only one was provided for, a congress. No provision was made for executive or judicial officers apart from the congress itself.

3. The structure of the congress. The congress consisted of only one house or chamber. Members were elected for one year, subject to recall at any time, and they were paid by their respective states. No person was eligible to membership for more than three years in any period of six years. No state could be represented by "less than two, nor more than seven members." Each state had one vote.

4. The powers of congress. "The United States in congress assembled" had power to treat with foreign countries, to send and receive ambassadors, to determine peace and war. Congress was the last resort on appeal in all disputes between the states; could fix the standard of weights and measures, and of the fineness of coin; could establish and regulate postoffices; could ascertain and appropriate "the necessary sums of money to be raised for the service of the United States;" could borrow money "on the credit of the United States;" could agree upon the number of land forces and make requisition on each state for its quota; and could appoint a committee consisting of one member from each state, to sit during the vacations of congress.

5. Powers denied to the states. No state could enter into any treaty with another state or with a foreign nation, nor engage in war, except by consent of "the United States in congress assembled;" nor keep vessels of war or a standing army in time of peace, except such number as congress should deem necessary.

Reasons for the peculiarities.—Suffering breeds caution. Every one of the peculiarities was based upon distrust.

The people were afraid to trust their delegates. This is manifest in the shortness of the term, the provision for recall, the reserved right to control the delegates by controlling their pay, and the limitation as to service.

The states were afraid of each other, especially were the small states distrustful of the large ones. This is evidenced in the provision that each state should have one vote. By this arrangement the states had equal power in the congress.

The people and the states were afraid of the general government. A central government was a necessity, but it was given only very limited powers. The people would not have an executive officer, because they feared anything resembling kingly rule. They did not dare to establish a national judiciary having jurisdiction over persons and property, because their experience with "trials beyond the sea" had made them wary of outside tribunals.

It is to be observed, however, that with all their distrust, in spite of the fact that their colonial or state jealousies and habits had returned upon them, notwithstanding their specific statement in the instrument itself that "each state retains its sovereignty," the instinct of nationality was yet strong enough to cause them to continue in the general government the actual sovereign powers. Thus, the "United States" alone could treat with foreign nations, declare war, and make peace. Another great sovereign power, that of coining money, was unfortunately shared by the states.

Their defects.—The great defect in the articles of confederation was that they placed too little power in the hands of the general government. Although congress possessed the right to declare war, it could only apportion the quota of men to each state; the states raised the troops. And so on with the other powers. The government of the United States during the confederation period was "a name without a body, a shadow without a substance." An eminent statesman of the time remarked that "by this political compact the continental congress have exclusive power for the following purposes without being able to execute one of them: They may make and conclude treaties; but they can only recommend the observance of them. They may appoint ambassadors; but they cannot defray even the expenses of their tables. They may borrow money on the faith of the Union; but they cannot pay a dollar. They may coin money; but they cannot buy an ounce of bullion. They may make war and determine what troops are necessary; but they cannot raise a single soldier. In short, they may declare everything, but they can do nothing."