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Relations between Territories and Congress.--A Territory is
organized by an Act of Congress which provides for these officers and
prescribes their powers. The Territorial legislature controls the
internal affairs of the Territory; but its acts may be changed or vetoed
by Congress. The people of a Territory have no voice in National
affairs, but they elect a delegate to Congress, who may debate but not
vote.
Porto Rico.--The government of Porto Rico is different at some
points from that of the other organized Territories. The upper
house of its legislature is the Executive Council and consists of
the administrative officers of the Territory (secretary, treasurer,
auditor, commissioner of the interior, attorney-general, and
commissioner of education) and five other persons appointed by the
President. Five of the eleven members of this council must be
natives of Porto Rico. The House of Delegates has thirty-five
members, elected triennially by the voters. There is elected by the
people a "resident commissioner" to the United States, who, unlike
the delegates from other Territories, has no seat in Congress, but
rather has official relations with the President.
The Territory of Hawaii.--Hawaii was annexed to the United
States in 1898, and its government was established by Congress in
1900. The administrative officers in this Territory are appointed
by the governor, instead of by the President. Voters in Hawaii must
be able to read and write either the English or Hawaiian language.
Alaska.--By a law of 1912, Alaska was given for the first time
a Territorial legislature, consisting of two houses, elected by the
people.
Our Government in the Philippine Islands.--The Philippines
constitute the largest part of "our insular possessions," and are
not classed as Territories. The word "colonies" better expresses
their relations to the United States. They are governed by a
commission of nine members: the governor, four heads of departments
(Americans), and four Filipinos. All are appointed by the President
with the consent of the Senate. This commission constitutes the
upper house of the legislative body; the lower house or assembly is
elected from certain districts of the islands where the people are
considered civilized and are at peace. Voters must be
property-owners and be able to read and write English or Spanish.
The entire group of islands is divided into provinces. In some of
these the people have local self-government; in others there is
military government under the United States army. In many cities
the government is similar to that of American cities.
Besides numerous other small islands the United States possesses
Tutuila in the Samoan group, Guam, and Wake Island. These are
governed directly by the naval authorities of the government.
The Panama Canal Zone is governed by the Isthmian Canal Commission,
consisting of seven men appointed by the President. The commission
is subordinate to the War Department at Washington.
Political Relations with Cuba.--Cuba was under the control of
our military authority between the time when our troops occupied
the island, during the Spanish-American War, and the announcement
of its independence in May, 1902. Although Cuba is now an
independent republic, it is considered as a "protectorate" of the
United States, and is subject to the influence of this nation in
its dealings with other nations.
The Admission of Territories to Statehood.--While Territories
depend to a greater or less extent upon the nation for their government,
it has always been the policy of the United States to admit them into
the Union as States when conditions became right for this action. That
the power to admit States into the Union belongs exclusively to Congress
is evident from the language of the Constitution:
Article IV, Section 3, Clause 1. _New States may be admitted by the
Congress into this Union; but no new State shall be formed or erected
within the jurisdiction of any other State; nor any State be formed by
the junction of two or more States or parts of States, without the
consent of the legislatures of the States concerned as well as of the
Congress._
Territories first apply for admission to the Union, and then either of
two processes may follow: (1) Congress passes an enabling act
authorizing the Territory to frame a constitution, which is submitted to
Congress for approval. (2) Or, the Territory frames its constitution
without waiting for the enabling act; with this in its hand the
Territory then applies to Congress for admission. In either case,
before giving its approval to the admission of a State, Congress must
see that the constitution submitted contains nothing that is
inconsistent with a republican form of government.
Our Public Land Policy.--In the Territories which lay between the
Allegheny Mountains and the Mississippi River, and in all the
acquisitions that have since been made, the unoccupied[60] lands became
the property of the United States. So the National government became the
possessor of many millions of acres of land, and it still holds immense
tracts in the Western States and in its distant possessions. Upon the
admission of a Territory as a State, the ownership of its public lands
does not pass to the new State, but remains with the National
government. The latter has followed a most liberal policy in dealing
with its lands, (1) It has granted great amounts to the States. The
school lands which are the basis of the common school funds in the
Western States were acquired in this way. (2) Many thousands of square
miles have been granted to railroad companies as aid in the construction
of their lines. These lands are still being purchased at low rates by
settlers in the West. (3) The "homestead law" provides that citizens may
acquire 160 acres of land, or less, free of cost, on condition of living
upon it for five years and improving it. (4) Millions of acres are still
held by the government, subject to sale at low prices.
[Footnote 60: Exceptions to this statement must be made to cover certain
lands reserved by some of the original States that ceded their claims to
the United States; as, for instance, the Western Reserve in Ohio
retained by Connecticut, and other lands in the same State retained by
Virginia.]
At present the larger part of the public lands of the United States are
arid; that is, they cannot be cultivated without irrigation. By a law of
1902, the proceeds received from the sale of public lands in certain
Western States and Territories will be expended by the National
government in the construction of irrigation works. This law is destined
to have a great influence upon the future of our Western States.
[Illustration]
The National System of Survey.--In the thirteen original States
there was no uniform system of land survey, but each tract of land was
surveyed as necessity required, generally after settlement had been
made upon it. The tracts were of very irregular shapes. The boundary
lines, usually starting from some natural object, were measured by rods
or chains, running in certain directions as ascertained by the use of
the compass. This method of survey is still in use in the Eastern
States. According to a law of 1785, a uniform system of "rectangular
survey" was applied to all lands belonging to the United States. This
survey has preceded settlers, and has to some extent influenced the
method of settlement and the nature of local government throughout the
West. The lands surveyed have been divided into townships six miles
square. For the boundaries of townships the law requires the use of
north-and-south and east-and-west lines. To secure starting points from
which to run these lines, it was necessary to designate certain
meridians as Principal Meridians and certain parallels as Base Lines.
Method of Land Description.--The map indicates the location of
Principal Meridians and Base Lines in the States north of the Ohio
River. Starting, then, from any Principal Meridian, the tier of
townships directly east is called Range I; the other ranges are numbered
east and west of that meridian. Counting also from the Base Line, the
townships are numbered 1, 2, 3, etc., both north and south. It thus
becomes possible to locate precisely any particular township by a simple
description: e.g., township 5 north, Range VIII east of the first
Principal Meridian.
Since the eastern and western boundaries of townships are meridians,
they approach nearer to each other as they go farther north. Hence the
townships become less than six miles from east to west as the survey
proceeds northward from any base line. This necessitates the running of
standard parallel lines, or correction lines, at frequent intervals, to
be used as new base lines (Figure 1).
[Illustration: Figure 1]
To still further facilitate the sale and description of lands, the law
provides for exact methods of subdividing the township into sections,
one mile square, numbered as in Figure 2.
Each section is subdivided into rectangular tracts known as halves,
quarters, half-quarters, and quarter-quarters. The designations of these
divisions are by abbreviations and fractions. (See Figure 3.) The number
of acres in each tract is easily computed.
The rectangular system of survey has been a great aid in the subdivision
and location of farm lands; it greatly reduces the number of boundary
disputes, it determines very largely the location of country roads.
Moreover, the Congressional township has become, in a great many
instances, the area within which the political township or town has been
organized. This town, however, need not coincide with the Congressional
township; it may be greater or smaller in area.
[Illustration: Figure 2.--Six MILES SQUARE.
|----------------------------|
| 6 | 5 | 4 | 3 | 2 | 1 |
|----------------------------|
| 7 | 8 | 9 | 10 | 11 | 12 |
|----------------------------|
|18 | 17 | 16 | 15 | 14 | 13 |
|----------------------------|
|19 | 20 | 21 | 22 | 23 | 24 |
|----------------------------|
|30 | 29 | 28 | 27 | 26 | 25 |
|----------------------------|
|31 | 32 | 33 | 34 | 35 | 36 |
|----------------------------|
]
[Illustration: Figure 3.--One mile square
|------------------------------|
| | N 1/2 NE 1/4 |
| NW 1/4 |----------------|
| | | SE 1/4 |
| | | NE 1/4 |
|------------------------------|
| |
| S 1/2 |
| |
|------------------------------|
]
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. For the history of land cessions, references are given in Government
in State and Nation, p. 334, question 1.
2. The topics treated in this chapter are discussed in Harrison, This
Country of Ours, pp. 270-279.
3. On public lands, see Reinsch, Young Citizen's Reader, 90-101.
Marriott, Uncle Sam's Business, 175-184; 254-269.
CHAPTER XVIII.
AMENDMENTS TO THE CONSTITUTION.
Methods of Amending the Constitution.--We have already considered
the effect of amendments on some of the original clauses[61]. It now
remains to consider, briefly, the methods of amending the Constitution
and a few other provisions found in the amendments. Article V provides
for amendments as follows:--
_The Congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two-thirds of the several States,
shall call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this
Constitution, when ratified by the legislatures of three-fourths of the
several States, or by conventions in three-fourths thereof, as the one
or the other mode of ratification may be proposed by the Congress;
provided that no amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate_.
[Footnote 61: For Amendment XI, see p. 160; for Amendment XII, see p.
119.]
Thus, amendments may be proposed in either of two ways: by a vote of
two-thirds of both houses of Congress; or by a National convention
called by Congress for that purpose on the application of two-thirds of
the State legislatures. The convention method has never been used in
proposing amendments to this Constitution.
Amendments may also be ratified in two ways: by the legislatures in
three-fourths of the several States; or by conventions in three-fourths
thereof. Congress has always selected the first of these methods.
Amending the Constitution Difficult.--That it is difficult to amend
the Constitution may be seen when we consider that some two thousand
amendments have been proposed in an official way. During a single
session of the Fifty-seventh Congress, fifty amendments, on twenty
different phases of government, were proposed in one or other of the
houses of Congress.
Amendment XIII.--The purpose of the first ten amendments has
already been noted on p. 112.
The Thirteenth, Fourteenth, and Fifteenth Amendments were the results of
negro slavery. The Emancipation Proclamation granted freedom to all of
the slaves in the States then in rebellion. There were some States,
however, as Kentucky, Tennessee, and Missouri, where slavery might still
exist legally. In order to be rid of this institution altogether,
Congress proposed the Thirteenth Amendment to the Constitution, which is
as follows:--
_Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction._
_Congress shall have power to enforce this article by appropriate
legislation._
It was declared a part of the Constitution, December 18, 1865.
Amendment XIV.--This amendment was proposed by Congress, June 16,
1866, as a part of the general plan for reconstruction. The Southern
States were not to be regarded as a part of the Union until they should
ratify it. The entire amendment, given in Appendix A, should be read.
Sections 1 and 2, however, contain the most important provisions.
Section 1 has already been partially discussed on p. 95, under the
question, "Who are citizens?" Section 2 has also been considered on p.
54, in connection with the apportionment of representatives.
Congress has at different times removed the disabilities from certain of
the classes mentioned in Section 3. Finally, an act of June 6, 1898,
removed the last disability imposed by this section.
Amendment XV.--In order to secure full political rights for the
negroes, the Fifteenth Amendment was passed, as indicated on p. 51.
_The right of citizens of the United States to vote shall not be denied
or abridged by the United States, or by any State, on account of race,
color, or previous condition of servitude._
_The Congress shall have power to enforce this article by appropriate
legislation._
Amendment XVI.--_The Congress shall have power to lay or collect
taxes on incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration_.
This amendment, which provides for the laying of an income tax, was
adopted by the thirty-sixth legislature, the requisite three-fourths, on
February 3, 1913. It was hoped that the money supplied from this tax
would make up for any loss of revenue due to the reduction of tariff
duties. The new tax will affect those whose yearly incomes are in excess
of a certain line of exemption.
Amendment XVII.--_The Senate of the United States shall be composed
of two senators from each State, elected by the people thereof, for six
years; and each senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most
numerous branch of the State legislature_.
_When vacancies happen in the representation of any State in the Senate
the executive authority of such State shall issue writs of election to
fill such vacancies. Provided, that the legislature of any State may
empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct_.
_This amendment shall not be so construed as to affect the election or
term of any senator chosen before it becomes valid as part of the
Constitution_.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. What facts can be given showing the difficulty of amending the
Articles of Confederation? Fiske, Critical Period, 218-220.
2. Is it now considered difficult to amend the Constitution? Bryce,
American Commonwealth, I, 359-362 (368-371).
3. What were the conditions under which the Emancipation Proclamation
was issued? Wilson, Division and Reunion, 226-228.
4. Was the adoption of the Fifteenth Amendment a wise policy?
5. Give the arguments in favor of the Sixteenth Amendment.
6. What reasons can you give in favor of the Seventeenth Amendment?
CHAPTER XIX.
THE GOVERNMENTS OF THE WORLD.
Kinds of Governments.--It is customary to classify the governments
of the world under two heads: (1) republics, (2) monarchies. The real
nature of our republic may be made more apparent by a comparison of our
system with that of other republics, and with the governments of certain
great monarchies.
Our Federal Republic.--It has been emphasized in the course of our
study that the States are important parts in the political system which
we call the Republic of the United States. The States are not mere
administrative divisions of the nation; they do not stand in the same
relation to the National government that counties bear to the State.
They do not derive their powers from the National government; nor, on
the other hand, does the latter derive its powers from the States. The
source of power for both is the same--"the people themselves, as an
organized body politic." The United States is, then, a _Federal
Republic_. It is essential to understand that, in the division of powers
between States and nation, the latter is sovereign over the matters that
are placed within its jurisdiction; but it is a feature of our system
no less essential (though less clearly understood by the people) that
the States are as completely sovereign over matters that lie within
their control.
France a Centralized Republic.--In France we find an entirely
different type of republic--not federal, but centralized. France is
divided into eighty-six departments, which correspond in some respects
to our States. But in their relation to the central government the
difference is very striking; for the departments are merely
administrative divisions of the central government. They are completely
subject to the national government. The chief authority in each
department is a prefect, who is appointed by the ministry of France (the
central executive body) and is responsible to it. There is a legislative
body in each department, called the general council, but the powers of
this body are very much restricted.
The national government of France exercises legislative authority upon
many subjects in the departments, and it administers the laws directly.
Consequently, the people's powers of local self-government are very much
less extensive than those enjoyed by the people in the United States.
There result in France much greater uniformity of legislation and more
effective administration; while in many parts of the United States local
self-government results in corrupt laws and wasteful administration. But
we believe that the people will become educated in the use of political
power if the responsibility for its use rests upon them, rather than
upon some central authority.
The Swiss Republic.--An example of a federal republic is the
government of Switzerland. Here the cantons correspond to our States,
and each canton has control over its own local affairs, without
interference from the federal government. The chief features of the
French and the Swiss governments are indicated in the accompanying
outline:[62]
[Footnote 62: Among the South American republics, Brazil, Mexico, and
Argentine Republic are federal in nature, like the United States and
Switzerland.]
UNITED STATES SWITZERLAND FRANCE
_Congress Federal Assembly The Chambers_
_ Senate State Council Senate_
Two members from Two members from 300 members elected
each state each canton by an electoral college
Six years in each department
_House of National Council Chamber of Deputies_
_Representatives_
433 members elected 147 members elected 591 deputies elected
by people by people by people
Two years Three years Four years
_President President President_
Elected by electors, Elected by Federal Elected by National
i.e., by the Assembly Assembly; i.e.
people of the States One year Senate and Chamber
Four years of Deputies in joint
session
Seven years
_Cabinet Federal Council Ministry_
Nine members appointed Seven members Twelve members appointed
by President elected by Federal by President
and Senate Assembly
Constitutional Monarchies--Monarchies are classified as (1)
constitutional and (2) absolute. In constitutional monarchies the ruler
holds his position by heredity, but there exists also a constitution,
which defines the distribution of powers among the branches that compose
the government and fixes the limits of authority vested in each. The
British constitution is partly written, as found in the great historical
documents of English history, such as Magna Charta (1215), the Petition
of Right (1628), and the Bill of Rights (1689);[63] and partly
unwritten, consisting of precedents and customs which are recognized as
authoritative. The constitutions of the other monarchies of Europe were
made during the nineteenth century, and consequently they are younger
than that of the United States.
[Footnote 63: Compare the "Bill of Rights" in our Constitution; see pp.
256-260.]
In all the constitutional monarchies we find legislative bodies similar
to our Congress. In every case the lower house is elected by the
voters;[64] in England, the Austrian Empire, Italy, and Spain a number
of the members of the upper house hold their position by hereditary
right. In respect to legislation, therefore, the constitutional
monarchies are all more or less republican in principle; that is, they
all recognize the supreme authority of the people acting through their
representatives.
[Footnote 64: Property qualifications for suffrage are common in
European countries.]
An absolute monarchy is one in which the authority of the ruler is not
held in check by a constitution or by a body of men elected by the
people. No civilized country now has this form of government. Until
recently there existed in Europe two absolute monarchies--Russia and
Turkey.
The Cabinet System of Government.--In the relations existing
between their legislative and executive departments, the European
governments differ considerably from that of the United States. In our
government we find, in theory at least, that these departments are
separated; in the European governments there is a close relation of the
legislative and executive branches, through some form of "cabinet
responsibility." This "cabinet system" of government is found in the
republics as well as in the constitutional monarchies of Europe, and in
the self-governing British possessions, such as Canada and the
Australian colonies.[67] The difference between the congressional and
the cabinet systems is greater in appearance than in reality; for in the
United States the President and his Cabinet exert considerable influence
upon legislation.
ENGLAND GERMANY
Monarch--hereditary in the Emperor--hereditary
line fixed by Parliament King of Prussia
_Cabinet_ _Ministry_
Nineteen members[65] chosen by Eight ministers, Chancellor at
the Prime minister the head, appointed by the
Emperor
_Parliament_ _Parliament_
Limit of term, seven years Term, five years
_House of Lords_ _Bundesrath or General Council_
586 members, holding seats 58 members appointed by the
(1) by heredity, (2) by German States
appointment by crown,
(3) by election[66]
_House of Commons_ _Reichstag or Diet of the Realm_
670 members elected by the 397 members elected by the
people of England, Scotland, people
and Ireland
[Footnote 65: The number of members in the ministries of England and
Germany varies.]
[Footnote 66: Irish peers are elected for life, and Scottish peers are
elected for the duration of a Parliament.]
[Footnote 67: This system finds its best illustration in the English
government, of which a brief description will be found in "Government in
State and Nation," pp. 157-160. For references, see questions 14 and 15,
p. 161.]
The Form and the Spirit of Government.--The study of other
governments and the comparison of them with our own will teach us that
the virtue of a government resides, not in its framework, but in its
spirit. A government may be monarchical in form and republican in its
practical workings. In England, and in others of the European
monarchies, the will of the people is the law of the land. On the other
hand, a government may be republican in form, and very unrepublican in
its methods of operation. There are cities and States in our country
where one man, the political boss, or a group of men, the political
machine, dictates the course of legislation and controls the
administration of the law. Here we find, in reality, not republican
governments, but despotisms or oligarchies.
The final test of a government is found in the responsiveness of the
governing authorities to the will of the majority of the people.
Wherever republican institutions are found, whether in republics or in
monarchies, the people may rule if they will. Monarchical and
aristocratic institutions do not in our time stand long in opposition to
a determined public opinion; and, on the other hand, a framework of
republican institutions will not insure the execution of the popular
will. This can only be secured where high-minded citizens are vigilant
in the performance of their political duties.
SUPPLEMENTARY QUESTIONS AND REFERENCES.
1. The relations of nations are governed by the rules of international
law. Government in State and Nation, 301-303.
2. What progress has been made in the direction of settling disputes
between nations by arbitration instead of by war? Government in State
and Nation, 304-306.
APPENDIX A.
* * * * *
CONSTITUTION
OF THE
UNITED STATES OF AMERICA.
We the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
CONSTITUTION for the United States of America.
ARTICLE I.
SECTION I. All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and a
House of Representatives.
SECT. II. 1. The House of Representatives shall be composed of members
chosen every second year by the people of the several States, and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have attained to
the age of twenty-five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three fifths of all
other persons. The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States, and within
every subsequent term of ten years, in such manner as they shall by law
direct. The number of Representatives shall not exceed one for every
thirty thousand, but each State shall have at least one representative;
and until such enumeration shall be made, the State of New Hampshire
shall be entitled to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.
4. When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
vacancies.
5. The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.
SECT. III. 1. The Senate of the United States shall be composed of two
Senators from each State, chosen by the legislature thereof, for six
years; and each Senator shall have one vote. (See Amendment XVII.)
2. Immediately after they shall be assembled in consequence of the first
election, they shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be vacated at the
expiration of the second year, of the second class at the expiration of
the fourth year, and of the third class at the expiration of the sixth
year, so that one third may be chosen every second year; and if
vacancies happen by resignation or otherwise, during the recess of the
legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the legislature, which shall then
fill such vacancies. (See Amendment XVII.)
3. No person shall be a Senator who shall not have attained to the age
of thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State for which he
shall be chosen.
4. The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall choose their other officers, and also a President
_pro tempore_, in the absence of the Vice-President, or when he shall
exercise the office of President of the United States.
6. The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside: and no person shall be convicted without the concurrence of two
thirds of the members present.
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