OUR GOVERNMENT

LOCAL, STATE, AND NATIONAL


BY
J.A. James, Ph.D.
Professor of History in Northwestern University

AND

A.H. Sanford, M.A.
Professor of History, State Normal School, La Crosse, Wisconsin

1903, 1913
Charles Scribner's Sons




PREFACE


The subject matter herewith presented partially represents the plan
pursued by the authors as teachers of civil government for a number of
years in high school, academy, and normal school. It has been found that
a study of the methods by which the affairs of government are conducted
gives constant interest to the work, and, consequently, the practical
side of government has been emphasized. But while our desire has been to
bring the actual working of the institutions under which the student
lives into prominence, we have also attempted to give such accounts of
the origin and early development of forms of government as will assist
in explaining their process of growth. The plan of discussion is similar
to that followed in "Government in State and Nation." The general favor
with which that text has been received leads to the belief that it fully
meets the requirement of the Committee of Five for such schools as
present civil government in the third or fourth year of the course. In
many cases, however, the subject is taught earlier in the course, and
the present work has been prepared in answer to the requests of teachers
for a text suitable to this class of students.

The arrangement is such that either Local (Part I), National (Part II),
or State Government (Part III) may be studied first. In the work on
local and State government it is not expected that the student will
_learn_ all of the different practices found in the various States, but
that he will compare them with those of his own State.

While some of the discussions and many of the suggestive questions are
intended to make students realize more completely their duties as
citizens, many more having a local bearing will occur to teachers. It is
scarcely to be hoped that all of the books and magazines mentioned will
be found in any high school library, but the need for supplementary
reading is being met through the rapid increase of public libraries. A
working-library on the subject of civics may be accumulated in a short
time if only a few of the books given in Appendix D are procured each
year. No attempt has been made to give references to all of the material
which has appeared within the past few years.

The ability of the reader and the time to be devoted to the subject have
been kept constantly in mind. There may be more supplementary questions
and references than can be used by any one class. Should it happen, on
the other hand, that more work of this character is desired, the need
may be met by reference to similar questions in "Government in State and
Nation."

In preparing this new edition, we take the opportunity of acknowledging
the assistance given by many teachers of civics, strangers to us, who
are using "Government in State and Nation," and others who are using
"Our Government," for their helpful suggestions.

EVANSTON, ILLINOIS,
July 1, 1913.




CONTENTS


PART I.

I. THE WORK OF LOCAL GOVERNMENT
II. COUNTY GOVERNMENT
III. THE ORIGIN OF LOCAL GOVERNMENTS.
IV. THE GOVERNMENT OF CITIES

PART II.

V. EVENTS LEADING TO THE FORMATION OF THE UNION
VI. THE CONSTITUTIONAL CONVENTION
VII. ORGANIZATION OF THE LEGISLATIVE DEPARTMENT
VIII. POWERS AND DUTIES OF THE SEPARATE HOUSES
IX. HOW LAWS ARE MADE BY CONGRESS
X. SOME IMPORTANT POWERS OF CONGRESS
XI. OTHER GENERAL POWERS OF CONGRESS
XII. POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES
XIII. THE EXECUTIVE DEPARTMENT
XIV. POWERS AND DUTIES OF THE PRESIDENT
XV. THE CABINET
XVI. THE NATIONAL JUDICIARY
XVII. TERRITORIES AND PUBLIC LANDS
XVIII. AMENDMENTS TO THE CONSTITUTION
XIX. THE GOVERNMENTS OF THE WORLD

APPENDIX.

A. CONSTITUTION OF THE UNITED STATES
B. THE ARTICLES OF CONFEDERATION
C. REFERENCE BOOKS

INDEX





PART I.

LOCAL GOVERNMENTS.




CHAPTER I.


THE WORK OF LOCAL GOVERNMENT.

The Preservation of Order.--The first and most important work of
any government is the preservation of order. We think of this function
most frequently as exercised in the arrest of offenders who violate the
law. In fact, most young persons receive their earliest ideas of
government by seeing the policeman, or constable, who stands for the
authority of the government. But he is not the only officer who is
concerned in preserving order. The police officer who makes an arrest
cannot punish his prisoner, but must merely hold him until it is decided
that he deserves punishment. This is the work of a court, with its
justice, or judge, and the jury. If the prisoner is declared guilty,
then the police officer executes the orders of the court by collecting a
fine or by imprisoning him. We have here illustrated two divisions of
governmental authority: (1) the _judicial_, which decides whether the
law applies in particular cases; and (2) the _executive_, which carries
out the requirements of the law and the orders of the court.

Law-Making.--The executive and the judicial officers are both
subject to higher authority: the one applies and the other executes _the
law_. The framing of the law is the third function of government. This
work is called _legislation_, and is carried on by such bodies as the
town board, the village board, and the city council. But these
law-making bodies do not have independent authority; they are bound more
or less strictly by the opinions of those who elected them to office;
i.e., the body of voters.

The Three Divisions of Government.--We say, then, that in our
country government is based finally upon _the will of the people_. For
the expression of their will they choose numerous officers, who may be
grouped under three heads, corresponding to the general divisions of
government: legislative, executive, and judicial.


Just as it would be impossible for all the voters to take part in
applying or interpreting the law, so it is in most cases impossible
for them to assemble in a body and make the laws. They generally
delegate this work to legislators; but in some States the voters of
a town (or township) assemble yearly in town meeting, where all may
take part in discussion and in voting.


Roads and Streets.--The preservation of order is but one of the
functions of government. In towns where the population is scattered,
roads must be built, and it is still more necessary that in villages and
cities, where many people live within a small area, streets should be
graded and paved and sidewalks maintained. This is an illustration of
the way in which, through the machinery of government, people provide
themselves with many conveniences that it would be impossible for each
citizen to provide for himself. The legislative bodies already mentioned
determine the extent to which these things shall be done: the town board
orders the laying out of a new road; the village board or the city
council passes ordinances saying what streets shall be paved and what
materials shall be used in the work.

Executive Officers, General and Special.--The actual execution of
the work involved in public improvements is generally in charge of a
special officer, such as the road or street commissioner. But since
there are many other matters of public concern that require attention,
each under the control of an executive officer, it is necessary that a
general officer should be in authority over all of these as the _chief
executive_ of the local government. This officer is known by various
titles, as, in the town, the _chairman_, in the village, the
_president_, and in the city, the _mayor_. In any case, he has all or
most of the important executive work of government under his control. It
is his duty to see that the laws are obeyed, so the police officers are
subject to his orders. The chief executive is guardian of the people's
interests; for he must see that the minor officers do not injure the
public welfare by neglect of duty, and he must defend the public from
all persons who would encroach upon its rights.

Let us now consider some of the other ordinary functions of local
government.

The Poor.--Poor relief may be mentioned first. How much aid shall
be granted to paupers, and how shall it be distributed, are questions
that everywhere require attention.

Public Health.--Public health is also an important subject upon
which local laws must been enacted. In cities, particularly, the council
passes strict regulations for preventing diseases and for checking the
spread of such as are contagious. City ordinances are also enacted
regulating the construction of sewers and drains. The health
commissioner and the city physicians are the particular officers who
direct the execution of laws upon these subjects.

Education.--Public education is among the most important of the
local government's functions. The free schools which exist everywhere in
our country are supported and controlled chiefly by the towns, villages,
and cities. In many States, however, there are other divisions, called
school districts, which have boards and officers for this purpose.

Other Necessary Functions.--Protection from fire is so important in
communities where population is dense that special officers and
apparatus must be provided. So, too, streets must be lighted, and a pure
water-supply provided.

Parks, Museums, and Libraries.--Besides the functions of government
that are readily seen to be necessary, there are others which may not at
first appear to be so. We have cities providing parks, with beautiful
lawns and flower-gardens; museums, where articles of historical and
scientific interest are kept; aquariums and zoological gardens;
libraries, with books, magazines, and papers for the free use of all
citizens. If one looks closely, he will see a reason in each case why
the government undertakes these various enterprises.

Why Taxes Are Levied.--We have now to consider a power of
government, without which none of the others so far named could be
exercised. This is the taxing power. In every case money must be used by
local governments in exercising their functions. Officers, who are
agents of the people, depend largely upon taxes for their salaries.
Taxes are levied by the legislative bodies that we have found in towns,
villages, and cities. Other officers, _assessors_ and _treasurers_,
determine the amount to be paid by each citizen and collect the taxes.
The treasurer also has charge of public money, and pays it out when
ordered to do so by the proper authorities.

All of the operations of government are matters of record. While each
officer is expected to keep strict account of the operations of his own
department, the general records of towns, villages, and cities are kept
by the _clerks_.

This general view of local governments may now be summarized in two
forms:--

I. THE FUNCTIONS OF LOCAL GOVERNMENT.

1. _Protection_:--


The preservation of order.
Protection against fire.
Protection of public health.


2. _Providing Necessities and Conveniences_:--


Roads--Streets--Sidewalks.
Water--Lights--Sewers.
Poor relief--Education.
Parks--Libraries--Museums.


II. OFFICERS OF LOCAL GOVERNMENT.[1]


TOWN.                  VILLAGE.                 CITY.

Board                  Board                    Council
Chairman               President                Mayor
Clerk                  Clerk                    Clerk
Treasurer              Treasurer                Treasurer
Assessors              Assessors                Assessors
Constables             Constables               Police
Road Commissioner      Street Commissioner      Street Commissioner
Justices               Justices                 Justices


[Footnote 1: The list here given is not complete, and the official
titles are not the same in all States.]

SUPPLEMENTARY QUESTIONS.

Make a study of your local (town, village, or city) government.

1. Group the officers as legislative, executive, and judicial,
respectively.

2. How many different methods are used in paying these officers?

3. Do all the voters ever assemble to make laws? If not, how is the will
of the majority expressed?

4. What are some of the local regulations regarding the poor?[2] public
health? protection from fire?

[Footnote 2: For a general account under this topic, see James and
Sanford, "Government in State and Nation," Chapter VIII. Health
regulations are discussed in the same work, pp. 70-72.]

5. Who pays for the education that young people receive in the public
schools?

6. How much has your local government done toward furnishing things that
are not merely conveniences? How do you justify expenditures for these
purposes?

7. Does the management of local government excite as much interest among
the citizens as it should?

8. In what ways are students directly interested in having efficient
local governments?




CHAPTER II.


COUNTY GOVERNMENT.

Why There Are Counties.--If the local organizations discussed in
Chapter I could attend to all the interests that citizens have in
common, then government would be a much simpler matter than it is. But
just as almost every citizen has business and social relations outside
of the neighborhood in which he lives, so different communities must
have political relations with each other if they are to live in harmony.
(For this and other reasons, which we shall learn presently, county
governments are established. Their organization and functions correspond
quite closely to those of the towns, villages, and smaller cities.)

Important County Officers.--The local governments cannot undertake
alone the preservation of order or the protection of citizens against
criminals. We have, consequently, an important officer, the _sheriff_,
who with his deputies has power to make arrests. There is also the
judicial side of county governments, seen in the _court_, with its
judge. In this court another county officer, called the _district_ or
_State's attorney_, prosecutes persons who are accused of crime; i.e.,
he finds evidence of the prisoner's guilt and causes this evidence to be
given by witnesses at the trial.

Functions of County Government.--Public highways are also matters
of more than local interest. When an expensive bridge is to be built, or
an important road in which several communities are interested is to be
constructed, the county government can best raise the money and manage
the work. So, too, in caring for the poor, the county may aid the local
governments, or it may take entire charge of the paupers, and maintain a
poorhouse.

The County Board.--It is evident that there must be a legislative
body which shall determine the policy of the county in these matters.
This is the _county board_, or as it is called in some States, the
_county court_. In most States this body is composed of _commissioners_.
These are elected by either of two methods: (1) at large, when every
voter may vote for the entire number of commissioners; (2) they may be
elected from districts into which the county has been divided. In some
States the members of the county board are called _supervisors_, and
they represent the towns, villages, and wards of cities. Under this
system the county board is generally larger than under the commissioner
system. There is another difference between the two systems: in the
States that have county commissioners, the county government has a
larger number of functions than in the other States. That is, the county
government has almost entire control of such matters as roads and poor
relief, leaving the local governments with little authority in these
directions. On the other hand, where the supervisor system exists, the
towns and villages have chief authority in legislating upon these
matters, and the county assists or takes only such part as it finds
necessary for the general good.

Power of the Board.--The county board holds annual meetings and
makes laws for the county as a whole. It has charge of the county
property, including the court-house, jail, and poorhouse. Since it must
provide for the expense of maintaining these buildings, for the salaries
of county officers, and for other expenses connected with roads, poor,
and other county business, the board must also have the power of levying
taxes.

Superintendent of Schools.--Education is another function of
government which is not managed solely by the local units. There is a
county officer, called the _superintendent of schools_, who has
supervisory powers, and he usually examines teachers and certifies to
their qualifications.

Register of Deeds.--The _register of deeds_, or _recorder_, is a
county officer who keeps records of certain kinds. Among other things,
copies of deeds are registered or kept in his office. A person wishing
to buy real estate (i.e., houses or lands) may, by consulting the
records in this office, learn whether the owner has a clear title to the
property.

Coroner.--The _coroner_ has the duty of holding inquests when
persons meet death by violence or in some unexplained way. He may also
perform the duties of the sheriff when the latter cannot perform them.

Surveyor.--The county _surveyor_ makes surveys at the request of
public authorities, as well as for individuals. He keeps the official
records of the boundaries of farms and lots.

Clerk and Treasurer.--Of course the county must have its _clerk_
and _treasurer_, the officers whose duties are to keep the records and
to handle county moneys.

We may now pass in review the principal features of county government:--


I. LEGISLATIVE.

1. _County Boards_:--

Commissioner type
Supervisor type

2. _Functions_:--

County buildings
Poor--Education
Roads and bridges
Taxation

II. EXECUTIVE AND ADMINISTRATIVE OFFICERS.

Sheriff and Deputies
Clerk
Treasurer
Register of Deeds, or Recorder
Attorney
Superintendent of Schools
Coroner
Surveyor


(In some States, Assessors and Collectors of Taxes, and Auditors.)


III. JUDICIARY.

County Court
District Court


Relations of Local Officers to State Law.--There are other reasons
than those already given why States are divided into counties. One is
because, in the performance of their duties, the county officers act as
agents for the State; that is, they carry out the State law in their own
localities. For instance, criminals are brought to trial and punished
under State law, but it is administered by local or county officials. So
the surveyor, superintendent of schools, register of deeds, and other
officers act under State laws. While it seems best to have one general
law for the State upon important subjects, it is also the policy of our
government to intrust the execution of the law, in most cases, to local
rather than to State officials. These officers, being elected by the
people of the various localities, feel their responsibility more keenly
than if they obtained office by appointment from State authorities.

What has been said concerning the relation of the county to the State
government is true to a considerable extent concerning the town,
village, and city governments. Here, too, elections are held, taxes are
collected, and trials are conducted by local officers in accordance with
State law. Indeed, it is true that these local divisions owe their
existence to State law. Towns are laid out, villages and cities are
incorporated, in accordance with the provisions of laws enacted by State
legislatures. The State is the source of all the authority exercised by
the officers and governing bodies of these local governments.

SUPPLEMENTARY QUESTIONS.

Make a study of your county government.

1. Outline the officers in groups, as on p. 6.

2. Learn the important duties of each officer.

3. Are officers paid by fees or by salaries? Which is the better method?

4. What is the length of the term for which each county officer holds
his position?

5. How many members constitute the county board? Are they commissioners
or supervisors? When do the meetings of the board occur?

6. Obtain a copy of the county board's report and ascertain what
important business has been transacted.

7. What buildings has the county at the county seat? Does it own
property elsewhere?

8. What process is followed in laying out a new town? in the
incorporation of a village?

*       *       *       *       *

REFERENCES.

1. The functions of government. Hoxie, How the People Rule, 11-16.
Reinsch, Young Citizen's Reader, 31-46. Dole, Young Citizen, 73-92.

2. Towns and villages. Reinsch, 145-152. Hoxie, 42-63. Hill, Lessons for
Junior Citizens, 142-168.

3. County government. Reinsch, 163-166. Hoxie, 90-103.




CHAPTER III


THE ORIGIN OF LOCAL GOVERNMENTS.

The Source of Our Local Governments.--If we look further into the
systems of local government which have been described, we shall find
facts in the history of their origins which explain many of their
details. We shall now see how local government grew in the colonies, for
here we have the beginnings of the systems that are in operation to-day.

Everywhere in the colonies the English settlers brought to their new
homes the ancient customs of the mother-country. Differences in physical
geography, and in the character and motives of the colonists, caused
differences in the resulting local governments. This fact is best
illustrated by an account of what took place in New England and in
Virginia.


The Method of Settlement in New England.--These colonies were settled
by emigrants who came, in the main, from the same classes of Englishmen.
The New Englanders, however, were Puritans. The church and its services
were a very important part of their daily lives. The requirement of
church attendance was one reason for grouping their homes near the
meeting-house. Moreover, the region in which they settled had a stony
soil, difficult to cultivate. Their farms required careful cultivation,
and therefore could not be very large. The New Englander was content to
live near the coast. Means of traveling to the interior were not easy,
for the rivers, with few exceptions, were short and rapid. The sea
fisheries tempted the settlers to remain near the coast, and fishing,
with ship-building and commerce, became their important industries.

Town Meetings and Officers.--For these reasons New England was a
region of small farms and towns, and the local government which grew up
was adapted to these conditions. The voters of each town (or township)
met annually, or oftener, in "town meeting." Here their common local
affairs were discussed and regulated. The church, the schools, roads,
the poor, and many other matters were under the complete control of this
meeting, and of the officers elected by the assembled voters. These
officers were the selectmen,--which was a board having general
supervision of the town affairs,--the clerk, treasurer, assessors, fence
viewers, constables, and numerous others.

The County in New England.--Because the people lived in towns and
could most easily regulate their affairs through the machinery of town
government, they had no counties whatever at first; but these were soon
established, though merely for judicial purposes. The governor appointed
justices who held court in each county.

The leading features of New England local government, then, were (1)
its democratic character, seen particularly in the town meeting; and (2)
the fact that nearly all local affairs were managed by the town
government, leaving but one important function, and that judicial in its
nature, for the county.

The Settlement of Virginia.--In the colony of Virginia we find
conditions that bring about entirely different results in the
organization and workings of local government. Here the settlers were
not bound by religious or other ties into compact social bodies as the
Puritans were. Natural conditions in Virginia made it better for the
settlers to live apart, so that nearly all their attempts to form cities
and towns failed. The cultivation of tobacco, of course, explains this
to a large extent. The fertile soil and the ease of raising this product
led to the formation of large plantations. The broad rivers made
progress into the interior remarkably easy; and there seemed little
necessity for towns as shipping ports, because ocean vessels could stop
at the private wharves of the various plantations. The rich planters
were most prominent in the social and political life of the colony, and
local government fell under their control.

The Importance of the County.--Now, of the various local
organizations to which the Virginians had been accustomed in England,
the one best suited to their condition in the colony was the county. So
they copied the English county and made it their chief organ of local
government. The principal governing body was the _county court_,
composed of justices appointed at first by the governor of the colony.
The court had both legislative and judicial functions. It managed such
matters as roads, licenses, and taxation; it also tried civil and
criminal cases. Other county officers were the sheriff and the
lieutenant, the latter being commander of the militia.

The Parish and the Vestry.--That part of the Virginia local
government which corresponded to the New England town was the _parish_;
but it is apparent that few functions remained to be exercised in this,
their smallest political organization. The counties were generally
composed of several parishes. The governing body of each was the vestry;
it had charge of church affairs and of poor relief. The members of the
vestry and also the justices of the county court were not elected by the
people, as the town officers were in New England. On the contrary, both
the vestry and the county court filled vacancies in their own number,
without popular election.

This fact serves to illustrate the general truth that local government
was democratic in New England and aristocratic in Virginia; in the
former colony the mass of voters took part most actively in local
government, while in the latter a few men constituted the ruling class.
This does not mean that local affairs in Virginia were badly managed,
for the leading men were on the whole intelligent and public-spirited;
and in the years of the Revolution they were among the foremost in the
defense of American liberties. In New England, however, it was
noticeable that the mass of voters were intelligent and understood the
practical management of political affairs--a result which doubtless
came largely from their training in the town meeting.

The Three Types of Local Organization.--We have now seen that in
New England the town had the most important functions of local
government, and this is called, therefore, the _town type_; while in
Virginia the county had the greater share of governing powers, and there
we find the _county type_. Virginia influenced the colonies that lay
south of her, so that the county type was found also in the Carolinas
and Georgia. In the middle colonies there existed both counties and
towns, and here there was a much more equal division of powers between
these organizations. Hence we call theirs the _mixed_ or
_township-county type_ of local government.

Local Government in the West.--The people who migrated to the new
States west of the Alleghenies carried with them the forms of local
government which have just been described as growing up in the colonies.
This statement needs some modification, for nowhere in the West was the
pure town type adopted. Everywhere in the North we find the mixed type,
while the Southern States have, in general, the county type. In the
latter the county commissioners, elected at large or from precincts,
together with other county officers, exercise most of the local powers
of government.

Two Forms in the North.--In the greater number of the States that
have the mixed type, the county is governed by a board of commissioners
elected by either of the methods just mentioned as prevailing in the
South. In a few States (such as Michigan, Illinois, and Wisconsin), the
county board is composed of _supervisors_, who represent the towns,
villages, and wards of the county. Here we find the town meeting, copied
after that of New England or New York, and the town government has more
functions than in those States where commissioners compose the town
board.

Local Self-Government.--Such is the way in which local government