Civil Government in the United States Considered with Some Reference to Its Origins Part 34

22. There is said to be "log-rolling" in legislation at times. What is the nature of this practice? Is it right?

23. Is the senator or the representative of higher dignity? Why?

24. Why should members of Congress be exempted from arrest in certain cases?

25. Find authority in the Const.i.tution for various things that Congress has done, such as the following:-- a. It has established a military academy at West Point.

b. It has given public lands to Pacific railroads.

c. It has authorized uniforms for letter carriers.

d. It has ordered surveys of the coast.

e. It has established the Yellowstone National Park.

f. It has voted millions of dollars for pensions.

g. It refused during the Civil War to pay its promises with silver or gold.

h. It bought Alaska of Russia.

i. It has adopted exclusive measures towards the Chinese.

26. Reverse the preceding exercise. That is, cite clauses of the Const.i.tution, and tell what particular things Congress has done because of such authority. For example, what specific things have been done under the following powers of Congress?-- a. To collect taxes.

b. To regulate commerce with foreign nations.

c. To coin money.

d. To establish post-roads.

e. To provide for the common defence.

f. To provide for the general welfare.

27. Compare the strength of the national government to-day with its strength in the past.

28. Who are citizens according to the Const.i.tution? Is a woman a citizen? Is a child a citizen? Are Indians citizens? Are foreigners residing in this country citizens? Are children born abroad of American parents citizens? Can one person be a citizen of two nations at the same time, or of two states, or of two towns? Explain.

29. To what laws is an American vessel on the ocean subject?

30. Show how the interests and needs of the various sections of the country present wide differences. Compare mining sections with agricultural, and both with manufacturing; Pacific states with Atlantic; Northern states with Southern. What need of mutual consideration exists?

31. Name all the political divisions from the smallest to the greatest in which you live. A Cambridge (Ma.s.s.) boy might, for example, say, "I live in the third precinct of the first ward, in the first Middles.e.x representative district, the third Middles.e.x senatorial district, the third councillor district, and the fifth congressional district.

My city is Cambridge; my county, Middles.e.x, etc." Name the various persons who represent you in these several districts.

32. May state and local officers exercise authority on United States government territory, as, for example, within the limits of an a.r.s.enal or a custom-house? May national government officers exercise authority in states and towns?

33. What is a _sovereign_ state? Is New York a sovereign state?

the United States? the Dominion of Canada? Great Britain? Explain.

34. When sovereign nations disagree, how can a settlement be effected? What is the best way to settle such a disagreement?

Ill.u.s.trate from history the methods of negotiation, of arbitration, and of war.

35. When two states of the Federal Union disagree, what solution of the difficulty is possible?

BIBLIOGRAPHICAL NOTE.

THE FEDERAL UNION.--For the origin of our federal const.i.tution, see Bancroft's _History of the United States_, final edition, vol.

vi., N.Y., 1886; Curtis's _History of the Const.i.tution_, 2 vols., N.Y., 1861, new edition, vol. i., 1889; and my _Critical Period of American History_, Boston, 1888, with copious references in the bibliographical note at the end. Once more we may refer advantageously to _J.H.U. Studies_, II., v.-vi., H.C. Adams, _Taxation in the United States_, 1789-1816; VIII, i.-ii., A.W. Small, _The Beginnings of American Nationality_. See also Jameson's _Essays in the Const.i.tutional History of the United States in the Formative Period_, 1775-1789, Boston, 1889, a very valuable book.

On the progress toward union during the colonial period, see especially Frothingham's _Rise of the Republic of the United States_, Boston, 1872; also Scott's _Development of Const.i.tutional Liberty in the English Colonies of America_, N.Y., 1882.

By far the ablest and most thorough book on the government of the United States that has ever been published is Bryce's _American Commonwealth_, 2 vols., London and N.Y., 1888. No American citizen's education is properly completed until he has read the whole of it carefully. In connection therewith, the work of Tocqueville, _Democracy in America_, 2 vols., 6th ed., Boston, 1876, is interesting. The Scotchman describes and discusses the American commonwealth of to-day, the Frenchman that of sixty years ago. There is an instructive difference in the methods of the two writers, Tocqueville being inclined to draw deductions from ingenious generalizations and to explain as natural results of democracy sundry American characteristics that require a different explanation. His great work is admirably reviewed and criticised by Bryce, in the _J.H.U. Studies_, V., ix., _The Predictions of Hamilton and De Tocqueville_.

The following manuals may be recommended: Thorpe, _The_ _Government of the People of the United States_, Phila., 1889; Martin's _Text Book on Civil Government in the United States_, N.Y. and Chicago, 1875 (written with special reference to Ma.s.sachusetts); Northam's _Manual of Civil Government_, Syracuse, 1887 (written with special reference to New York); Ford's _American Citizen's Manual_, N.Y., 1887; Rupert's _Guide to the Study of the History and the Const.i.tution of the United States_, Boston, 1888; Andrews's _Manual of the Const.i.tution of the United States_, Cincinnati, 1874; Miss Dawes, _How we are Governed_, Boston, 1888; Macy, _Our Government: How it Grew, What it Does, and How it Does it_, Boston, 1887. The last is especially good, and mingles narrative with exposition in an unusually interesting way.

Nordhoff's _Politics for Young Americans_, N.Y., 1887, is a book that ought to be read by all young Americans for its robust and sound political philosophy. It is suitable for boys and girls from twelve to fifteen years old. C.F. Dole's _The Citizen and the Neighbour_, Boston, 1887, is a suggestive and stimulating little book. For a comparative survey of governmental inst.i.tutions, ancient and modern, see Woodrow Wilson's _The State: Elements of Historical and Practical Politics_, Boston, 1889. An enormous ma.s.s of matter is compressed into this volume, and, although it inevitably suffers somewhat from extreme condensation, it is so treated as to be both readable and instructive. The chapter on _The State and Federal Governments of the United States_ has been published separately, and makes a convenient little volume of 131 pages. Teachers should find much help in MacAlister's _Syllabus of a Course of Elementary Instruction in United States History and Civil Government_, Phila., 1887.

The following books of the "English Citizen Series," published by Macmillan & Co., may often be profitably consulted: M.D. Chalmers, _Local Government_; H.D. Traill, _Central Government_; F.W. Maitland, _Justice and Police_; Spencer Walpole, _The Electorate and the Legislature_; A.J. Wilson, _The National Budget_; T.H. Farrer, _The State in its Relations to Trade_; W.S. Jevons, _The State in its Relations to Labour_. The works on the English Const.i.tution by Stubbs, Gneist, Taswell-Langmead, Freeman, and Bagehot are indispensable to a thorough understanding of civil government in the United States: Stubbs, _Const.i.tutional History of England_, 3 vols., London, 1875-78; Gneist, _History of the English Const.i.tution_, 2d ed., 2 vols., London, 1889; Taswell-Langmead, _English Const.i.tutional History_, 3d ed., Boston, 1886; Freeman, _The Growth of the English Const.i.tution_, London, 1872; Bagehot, _The English Const.i.tution_, revised ed., Boston, 1873. An admirable book in this connection is Hannis Taylor's (of Alabama) _Origin and Growth of the English Const.i.tution_, Boston, 1889. In connection with Bagehot's _English Const.i.tution_ the student may profitably read Woodrow Wilson's _Congressional Government_, Boston, 1885, and A.L. Lowell's _Essays in Government_, Boston, 1890. See also Sir H. Maine, _Popular Government_, London, 1886; Sir G.C. Lewis on _The Use and Abuse of Certain Political Terms_, London, 1832; _Methods of Observation and Reasoning in Politics_, 2 vols., London, 1852; and _Dialogue on the Best Form of Government_, London, 1863.

Among the most valuable books ever written on the proper sphere and duties of civil government are Herbert Spencer's _Social Statics_, London, 1851; _The Study of Sociology_, 9th ed., London, 1880; _The Man_ versus _The State_, London, 1884; they are all reprinted by D. Appleton & Co., New York. The views expressed in _Social Statics_ with regard to the tenure of land are regarded as unsound by many who are otherwise in entire sympathy with Mr. Spencer's views, and they are ably criticised in Bonham's _Industrial Liberty_, N.Y., 1888. A book of great merit, which ought to be reprinted as it is now not easy to obtain, is Toulmin Smith's _Local Self-Government and Centralization_, London, 1851.

Its point of view is sufficiently indicated by the following admirable pair of maxims (p. 12):--

LOCAL SELF-GOVERNMENT _is that system of Government under which the greatest number of minds, knowing the most, and having the fullest opportunities of knowing it, about the special matter in hand, and having the greatest interest in its well-working, have the management of it, or control over it._

CENTRALIZATION _is that system of government under which the smallest number of minds, and those knowing the least, and having the fewest opportunities of knowing it, about the special matter in hand, and having the smallest interest in its well-working, have the management of it, or control over it._

An immense amount of wretched misgovernment would be avoided if all legislators and all voters would engrave these wholesome definitions upon their minds. In connection with the books just mentioned much detailed and valuable information may be found in the collections of essays edited by J.W. Probyn, _Local Government and Taxation_ [in various countries], London, 1875; _Local Government and Taxation in the United_ _Kingdom_, London, 1882. See also R.T. Ely's _Taxation in American States and Cities_, N.Y., 1889.

The most elaborate work on our political history is that of Hermann von Holst, _Const.i.tutional and Political History of the United States_, translated from the German by J.J. Lalor, vols. i.-vi.

(1787-1859), Chicago, 1877-89. In spite of a somewhat too p.r.o.nounced partisan bias, its value is great. See also Schouler's _History of the United States under the Const.i.tution_, vols. i.-iv.

(1783-1847), new ed., N.Y., 1890. The most useful handbook, alike for teachers and for pupils, is Alexander Johnston's _History of American Politics_, 2d ed., N.Y., 1882. _The United States_, N.Y., 1889, by the same author, is also excellent. Every school should possess a copy of Lalor's _Cyclopaedia of Political Science, Political Economy, and the Political History of the United States_, 3 vols., Chicago, 1882-84. The numerous articles in it relating to American history are chiefly by Alexander Johnston, whose mastery of his subject was simply unrivalled. His death in 1889, at the early age of forty, must be regarded as a national calamity. For a manual of const.i.tutional law, Cooley's _General Principles of Const.i.tutional Law in the United States of America_, Boston, 1880, is to be recommended. The reader may fitly supplement his general study of civil government by the little book of E.P. Dole, _Talks about Law: a Popular Statement of What our Law is and How it is to be Administered_, Boston, 1887.

In connection with the political history, Stanwood's _History of Presidential Elections_, 2d ed., Boston, 1888, will be found useful. See also Lawton's _American Caucus System_, N.Y., 1885.

On the general subject of civil service reform, see Eaton's _Civil Service in Great Britain: a History of Abuses and Reforms, and their Bearing upon American Politics_, N.Y., 1880. Comstock's _Civil Service in the United States_, N.Y., 1885, is a catalogue of offices, with full account of civil service rules, examinations, specimens of examination papers, etc.; also some of the state rules, as in New York, Ma.s.sachusetts, etc.

I would here call attention to some publications by the Directors of the Old South Studies in History and Politics,--first, _The Const.i.tution of the United States, with Historical and Bibliographical Notes and Outlines, for Study_, prepared by E.D. Mead (sold by D.C. Heath and Co., Boston, for 25 cents); secondly, the _Old South Leaflets_, furnished to schools and the trade by the same publishers, at 5 cents a copy or $3.00 a hundred. These leaflets are for the most part reprints of important original papers, furnished with valuable historical and bibliographical notes. The eighteen issued up to this time (July, 1890) are as follows: 1. The Const.i.tution of the United States; 2. The Articles of Confederation; 3. The Declaration of Independence; 4. Was.h.i.+ngton's Farewell Address; 5. Magna Charta; 6. Vane's "Healing Question;" 7. Charter of Ma.s.sachusetts Bay, 1629; 8. Fundamental Orders of Connecticut, 1639; 9. Franklin's Plan of Union, 1754; 10. Was.h.i.+ngton's Inaugurals; 11. Lincoln's Inaugurals and Emanc.i.p.ation Proclamation; 12. The Federalist, Nos. 1 and 2; 13. The Ordinance of 1787; 14. The Const.i.tution of Ohio; 15. Was.h.i.+ngton's "Legacy"; 16. Was.h.i.+ngton's Letter to Benjamin Harrison, Governor of Virginia, on the Opening of Communication with the West; 17. Verrazano's Voyage, 1524; 18. Federal Const.i.tution of the Swiss Confederation.

Howard Preston's _Doc.u.ments Ill.u.s.trative of American History_, N.Y., 1886, contains the following: First Virginia Charter, 1606; Second Virginia Charter, 1609; Third Virginia Charter, 1612; Mayflower Compact, 1620; Ma.s.sachusetts Charter, 1629; Maryland Charter, 1632; Fundamental Orders of Connecticut, 1639; New England Confederation, 1643; Connecticut Charter, 1662; Rhode Island Charter, 1663; Pennsylvania Charter, 1681; Perm's Plan of Union, 1697; Georgia Charter, 1732; Franklin's Plan of Union, 1754; Declaration of Rights, 1765; Declaration of Rights, 1774; Non-Importation Agreement, 1774; Virginia Bill of Rights, 1776; Declaration of Independence, 1776; Articles of Confederation, 1777; Treaty of Peace, 1783; Northwest Ordinance, 1787; Const.i.tution of the United States, 1787; Alien and Sedition Laws, 1798; Virginia Resolutions, 1798; Kentucky Resolutions, 1798; Kentucky Resolutions, 1799; Nullification Ordinance, 1832; Ordinance of Secession, 1860; South Carolina Declaration of Independence, 1860; Emanc.i.p.ation Proclamation, 1863.

See also Poore's _Federal and State Const.i.tutions, Colonial Charters, and other Organic Laws of the United States_, 2 vols., Was.h.i.+ngton, 1877.

The series of essays ent.i.tled _The Federalist_, written by Hamilton, Madison, and Jay, in 1787-88, while the ratification of the Const.i.tution was in question, will always remain indispensable as an introduction to the thorough study of the principles upon which our federal government is based. The most recent edition is by H.C. Lodge, N.Y., 1888. For the systematic and elaborate study of the Const.i.tution, see Foster's _References to the Const.i.tution of the United States_, a little pamphlet of 50 pages published by the "Society for Political Education," 330 Pearl St., New York, 1890, price 25 cents. The student who should pursue to the end the line of research marked out in this pamphlet ought thereby to become quite an authority on the subject.

For very pleasant and profitable reading, in connection with the formation and interpretation of the Const.i.tution, and the political history of our country from 1763 to 1850, we have the "American Statesmen Series," edited by J.T. Morse, and published by Houghton, Mifflin & Co., Boston, 1882-90: _Benjamin Franklin_, by J.T.

Morse; _Patrick Henry_, by M.C. Tyler; _Samuel Adams_, by J.K. Hosmer; _George Was.h.i.+ngton_, by H.C. Lodge, 2 vols.; _John Adams and Thomas Jefferson_, by J.T. Morse; _Alexander Hamilton_, by H.C. Lodge; _Gouverneur Morris_, by T. Roosevelt; _James Madison_, by S.H. Gay; _James Monroe_ by D.C. Gilman; _Albert Gallatin_, by J.A. Stevens; _John Randolph_, by H.

Adams; _John Jay_, by G. Pellew; _John Marshall_, by A.B.

Magruder; _John Quincy Adams_, by J.T. Morse; _John C. Calhoun_, by H. von Holst; _Andrew Jackson_, by W.G. Sumner; _Martin Van Buren_, by E.M. Shepard; _Henry Clay_, by C. Schurz, 2 vols.; _Daniel Webster_, by H.C. Lodge; _Thomas H, Benton_, by T. Roosevelt.

In connection with the questions on page 269 relating to tariff, currency, etc., references to some works on political economy are needed. The arguments in favour of protectionism are set forth in Bowen's _American Political Economy_, last ed., N.Y., 1870; the arguments in favour of free trade are set forth in Perry's _Political Economy_, 19th ed., N.Y., 1887; and for an able and impartial historical survey, Taussig's _Tariff History of the United States_, N.Y., 1888, may be recommended. For a lucid view of currency, see Jevons's _Money and the Mechanism of Exchange_, N.Y., 1875.

A useful work on the Australian method of voting is Wigmore's _The Australian Ballot System_, 2d ed., Boston, 1890.

In connection with some of the questions on page 271, the student may profitably consult Woolsey's _International Law_, 5th ed., N.Y., 1879. NOTE TO PAGE 226.

By the act of February 3, 1887, the second Monday in January is fixed for the meeting of the electoral colleges in all the states. The provisions relating to the first Wednesday in January are repealed.