{"1": {"fulltext": "B. .K,. -1. f\\nT./Z .-n, Vl (y ;-;l.\\nrx\u00e2\u0096\u00a0Z\u00e2\u0096\u00a0^^%t l^- J ^^r/ v\\nmmmmmi\\n\\\\,.i ;5iW;- ..:,;^.Ll) ;/.i.V ;l;\\nfe;yri; V\\nFT .\u00e2\u0096\u00a0:M, iJiiV\\n!fy:J,. j!v.:v;v.:;V", "height": "2848", "width": "1866", "jp2-path": "civilgovernmenti02fisk_0001.jp2"}, "2": {"fulltext": "Book_Jl_^ft\u00e2\u0080\u0094", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0002.jp2"}, "3": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0003.jp2"}, "4": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0004.jp2"}, "5": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0005.jp2"}, "6": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0006.jp2"}, "7": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0007.jp2"}, "8": {"fulltext": "folrn jFiBfec g SSSrittttfffi!.\\nMYTHS AND MYTH-MAKERS: Old Tales and Superstitions\\ninterpreted by Comparative Mythology. iSth Ediiiou. i2mo,\\nJJ52.00.\\nOUTLINES OF COSMIC PHILOSOPHY. Based on the Doc-\\ntrine of Evolution, with Criticisms on the Positive Philosophy.\\nTsth Edition. 2 vols., 8vo, J6.00\\nTHE UNSEEN WORLD, and other Essays, ijth Edition.\\ni2mo, J2.00.\\nEXCURSIONS OF AN EVOLUTIONIST. ibthEdition. i2mo,\\n;j2.co.\\nDARW( N I SM, and other Essays, qth Edition. i2mo, iS2.oo.\\nTHE DESTINY OF MAN, viewed in the Light of His Origin.\\nSOth Edition. i6mo, $1.00.\\nTHE IDEA OF GOD, as affected by Modern Knowledge. A\\nSequel to The Destiny of Man. 14th Thousand. i6mo,\\nSi. 00.\\nTHE CRITICAL PERIOD OF AMERICAN HISTORY. 1783-\\n1789. Z2th Edition. Crown Svo, ^2.00.\\nTHE BEGINNINGS OF NEW ENGLAND or the Puritan\\nTheocracy in its Relations to Civil and Religious Liberty.\\nrath Thousand. Crown Svo, $2.00.\\nTHE WAR OF INDEPENDENCE. In Riverside Library for\\nYoung People. i6mo, 75 cents.\\nTHE DISCOVERY AND SPANISH CONQUEST OF AMER-\\nICA. With Maps. I2th Thousand. 2 vols., crown Svo, J4.00.\\nTHE AMERICAN REVOLUTION, qth Thousa^id. 2 vols.,\\ncrown Svo, $4.00.\\nCIVIL GOVERNMENT IN THE UNITED STATES. Consid-\\nered WITH SOME Reference to its Origins, b^th Thousand,\\nCrown Svo, fi.oo, net.\\nHOUGHTON, MIFFLIN CO.\\nBoston and New York.\\nAMERICAN POLITICAL IDEAS, viewed from the Stand-point\\nof Universal History. FifiJi Thousand. i2mo, j^i.oo. Har-\\nper Brothers, New York.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0008.jp2"}, "9": {"fulltext": "CIVIL GOVERNMENT IN THE\\nUNITED STATES CONSIDERED\\nWITH SOME REFERENCE\\nTO ITS ORIGINS\\nJOHN :fISKE\\nA.C(Taoii.ai., nal Zijcbs V.KsvOepCov,\\nl/xepav eipva-Oeve a^^tTroAet, Swretpa Tu ;^a\\nTtv yap iv novTui Kv^epviavTai. doaX\\nvaes, tv X^PO V T6 Aati/r /pot TrdAejUoi\\nKayopal Pov\\\\a j)6pot.\\nPindar, Olymp. xii.\\nThou, too, sail on, O Ship of State!\\nSail on, O Union, strong and great\\nOur hearts, our hopes, are all with thee.\\nOur hearts, our hopes, our prayers, our teara\\nOur faith triumphant o er our fears,\\nAre all with thee, are all with thee\\nLongfellow.\\nBOSTON, NEW YORK, AND CHICAGO\\nHOUGHTON, MIFFLIN AND COMPANY\\n^|C", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0009.jp2"}, "10": {"fulltext": "V\\nCopyright, 1890,\\nBV JOHN FISKE.\\nAH rights reserved.\\nThe Riveriside Pre is, Cambridge, Mass., V. S. A.\\nElectrotyped and Printed by H. 0. Houghton Company.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0010.jp2"}, "11": {"fulltext": "2DeDtfatton.\\nThis little book is dedicated, with the author s best \u00e2\u0080\u00a2wishes and\\nsincere regard, to the many hundreds of young friends whom he has\\nfoimd it so pleasant to meet in years past, and also to those whom\\nhe looks forward to meeting in years to come, in studies and read-\\nings upon the rich and fruitful history of our beloved country.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0011.jp2"}, "12": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0012.jp2"}, "13": {"fulltext": "PREFACE.\\nSome time ago, my friends, Messrs. Houghton,\\nMifflin Co., requested me to write a small book on\\nCivil Government in the United States, which might\\nbe useful as a text-book, and at the same time service-\\nable and suggestive to the general reader interested\\nin American history. In preparing the book certain\\npoints have been kept especially in view, and deserve\\nsome mention here.\\nIt seemed desirable to adopt a historical method of\\nexposition, not simply describing our political insti-\\ntutions in their present shape, but pointing out their\\norigin, indicating some of the processes through which\\nthey have acquired that present shape, and thus keep-\\ning before the student s mind the fact that govern-\\nment is perpetually undergoing modifications in adapt-\\ning itself to new conditions. Inasmuch as such gradual\\nchanges in government do not make themselves, but\\nare made by men and made either for better or for\\nworse it is obvious that the history of political in-\\nstitutions has serious lessons to teach us. The stu-\\ndent should as soon as possible come to understand\\nthat every institution is the outgrowth of experiences.\\nOne probably gets but little benefit from abstract\\ndefinitions and axioms concerning the rights of men\\nand the nature of civil society, such as we often find", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0013.jp2"}, "14": {"fulltext": "vi PREFACE.\\nat the beginning of books on government. Meta-\\nphysical generalizations are well enough in their place,\\nbut to start with such things as the French philos-\\nophers of the eighteenth century were fond of doing\\nis to get the cart before the horse. It is better to\\nhave our story first, and thus find out what govern-\\nment in its concrete reality has been, and is. Then\\nwe may finish up with the metaphysics, or do as I\\nhave done leave it for somebody else.\\nI was advised to avoid the extremely systematic,\\nintrusively symmetrical, style of exposition, which is\\nsometimes deemed indispensable in a book of this\\nsort. It was thought that students would be more\\nlikely to become interested in the subject if it were\\ntreated in the same informal manner into which one\\nnaturally falls in giving- lectures to young people. I\\nhave endeavoured to bear this in mind without sacri-\\nficing that lucidity in the arrangement of topics which\\nis always the supreme consideration. For many years\\nI have been in the habit of lecturing on history to col-\\nlege students in different parts of the United States,\\nto young ladies in private schools, and occasionally to\\nthe pupils in high and normal schools, and in writing\\nthis little book I have imagined an audience of these\\nearnest and intelligent young friends gathered before\\nme.\\nI was especially advised by my friend, Mr. James\\nMacAlister, superintendent of schools in Philadelphia,\\nfor whose judgment I have the highest respect to\\nmake it a little book, less than three hundred pages\\nin length, if possible. Teachers and pupils do not\\nhave time enough to deal properly with large treatises.\\nBrevity, therefore, is golden. A concise manual is\\nthe desideratum, touching lightly upon the various\\npoints, bringing out their relationships distinctly, and", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0014.jp2"}, "15": {"fulltext": "PREFACE. vii\\nreferring to more elaborate treatises, monographs, and\\ndocuments, for the use of those who wish to pursue\\nthe study at greater length.\\nWithin limits thus restricted, it will probably seem\\nstrange to some that so much space is given to the\\ntreatment of local institutions, comprising the gov-\\nernments of town, county, and city. It may be ob-\\nserved, by the way, that some persons apparently\\nconceive of the state also as a local institution.\\nIn a recent review of Professor Howard s admirable\\nLocal Constitutional History of the United States,\\nwe read, the first volume, which is all that is yet\\npublished, treats of the development of the township,\\nhundred, and shire the second volume, we suppose,\\nbeing designed to treat of the State Constitutions.\\nThe reviewer forgets that there is such a subject as\\nthe development of the city and local magistracies\\n(which is to be the subject of that second volume),\\nand lets us see that in his apprehension the American\\nstate is an institution of the same order as the town\\nand .county. We can thus readily assent when we\\nare told that many youth have grown to manhood\\nwith so little appreciation of the political importance\\nof the State as to believe it nothing more than a\\ngeographitcal division. In its historic genesis, the\\nAmerican state is not an institution of the same order\\nas the town and county, nor has it as yet become de-\\npressed or mediatized to that degree. The state,\\nwhile it does not possess such attributes of sovereignty\\nas were by our Federal Constitution granted to the\\nUnited States, does, nevertheless, possess many very\\nimportant and essential characteristics of a sovereign\\nbody, as is here pointed out on pages 172-177. The\\nstudy of our state governments is inextricably wrapped\\n1 Young s Government Class Book, p. iv.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0015.jp2"}, "16": {"fulltext": "Viu PREFACE.\\nup with the study of our national government, in such\\nwise that both are parts of one subject, which cannot\\nbe understood unless both parts are studied. Whether\\nin the course of our country s future development we\\nshall ever arrive at a stage in which this is not the\\ncase, must be left for future events to determine. But,\\nif we ever do arrive at such a stage, American insti-\\ntutions will present a very different aspect from those\\nwith which we are now familiar, and which we have\\nalways been accustomed (even, perhaps, without al-\\nways understanding them) to admire.\\nThe study of local government properly includes\\ntown, county, and city. To this part of the subject\\nI have devoted about half of my limited space, quite\\nunheedful of the warning which I find in the preface\\nof a certain popular text-book, that to learn the\\nduties of town, city, and county officers, has nothing\\nwhatever to do with the grand and noble subject of\\nCivil Government, and that to attempt class drill\\non petty town and county offices, would be simply\\nburlesque of the whole subject. But, suppose one\\nwere to say, with an air of ineffable scorn, that petty\\nexperiments on terrestrial gravitation and radiant\\nheat, such as can be made with commonplace pendu-\\nlums and tea-kettles, have nothing whatever to do with\\nthe grand and noble subject of Physical Astronomy!\\nScience would not have got very far on that plan, I\\nfancy. The truth is, that science, while it is perpetu-\\nally dealing with questions of magnitude, and knows\\nvery well what is large and what is small, knows\\nnothing whatever of any such distinction as that be-\\ntween things that are grand and things that are\\npetty. When we try to study things in a scientific\\nspirit, to learn their modes of genesis and their present\\naspects, in order that we may foresee their tendencies,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0016.jp2"}, "17": {"fulltext": "PREFACE. ix\\nand make our volitions count for something in mod-\\nifying them, there is nothing which we may safely dis-\\nregard as trivial. This is true of whatever we can\\nstudy it is eminently true of the history of institu-\\ntions. Government is not a royal mystery, to be shut\\nofp, like old Deiokes,^ by a sevenfold wall from the\\nordinary business of life. Questions of civil govern-\\nment are practical business questions, the principles\\nof which are as often and as forcibly illustrated in a\\ncity council or a county board of supervisors, as in the\\nHouse of Representatives at Washington. It is partly\\nbecause too many of our citizens fail to realize that\\nlocal government is a worthy study, that we find it\\nmaking so much trouble for us. The bummers\\nand boodlers do not find the subject beneath their\\nnotice the Master who inspires them is wide awake\\nand for a creature that divides the hoof ex-\\ntremely intelligent.\\nIt is, moreover, the mental training gained through\\ncontact with local government that enables the people\\nof a community to conduct successfully, through their\\nrepresentatives, the government of the state and the\\nnation. And so it makes a great deal of difference\\nwhether the government of a town or county is of one\\nsort or another. If the average character of our local\\ngovernments for the past quarter of a century had\\nbeen quite as high as that of the Boston town-meeting\\nor the Virginia boards of county magistrates, in the\\ndays of Samuel Adams and Patrick Henry, who can\\ndoubt that many an airy demagogue, who, through\\nsession after session, has played his pranks at the na-\\ntional capital, would long ago have been abruptly re-\\ncalled to his native heath, a sadder if not a wiser man\\nWe cannot expect the nature of the aggregate to be\\nHerodotus, i. 98.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0017.jp2"}, "18": {"fulltext": "X PREFACE.\\nmuch better than the average natures of its units.\\nOne may hear people gravely discussing the difference\\nbetween Frenchmen and Englishmen in political effi-\\nciency, and resorting to assumed ethnological causes\\nto explain it, when, very likely, to save their lives\\nthey could not describe the difference between a\\nFrench commune and an English parish. To com-\\nprehend the interesting contrasts between Gambetta\\nin the Chamber of Deputies, and Gladstone in the\\nHouse of Commons, one should begin with a historical\\ninquiry into the causes, operating through forty gen-\\nerations, which have frittered away self-government\\nin the rural districts and small towns of France, until\\nthere is very little left. If things in America ever\\ncome to such a pass that the city council of Cambridge\\nmust ask Congress each year how much money it can\\nbe allowed to spend for municipal purposes, while the\\nmayor of Cambridge holds his office subject to re-\\nmoval by the President of the United States, we may\\nsafely predict further extensive changes in the char-\\nacter of the American people and their government.\\nIt was not for nothing that our profoundest political\\nthinker, Thomas Jefferson, attached so much impor-\\ntance to the study of the township.\\nIn determining the order of exposition, I have\\nplaced local government first, beginning with the\\ntownship as the simplest unit. It is well to try to\\nunderstand what is near and simple, before dealing\\nwith what is remote and complex. In teaching geog-\\nraphy with maps, it is wise to get the pupil interested\\nin the streets of his own town, the country roads run-\\nning out of it, and the neighbouring hills and streams,\\nbefore burdening his attention with the topographical\\ndetails of Borrioboola Gha. To study grand generali-\\nzations about government, before attending to such of", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0018.jp2"}, "19": {"fulltext": "PREFACE. XI\\nits features as come most directly before us, is to run\\nthe risk of achieving a result like that attained by the\\nNew Hampshire school-boy, who had studied geology\\nin a text-book, but was not aware that he had ever\\nset eyes upon an igneous rock.\\nAfter the township, naturally comes the county.\\nThe city, as is here shown, is not simply a larger town,\\nbut is much more complex in organization. His-\\ntorically, many cities have been, or still are, equiva-\\nlent to counties and the development of the county\\nmust be studied before we can understand that of the\\ncity. It has been briefly indicated how these forms of\\nlocal government grew up in England, and how they\\nhave become variously modified in adapting them-\\nselves to different social conditions in different parts\\nof the United States.\\nNext in order come the general governments, those\\nwhich possess and exert, in one way or another, attri-\\nbutes of sovereignty. First, the vai ious colonial gov-\\nernments have been considered, and some features of\\ntheir metamorphosis into our modern state govern-\\nments have been described. In the course of this\\nstudy, our attention is called to the most original and\\nstriking feature of the development of civil govern-\\nment upon American soil, the written constitution,\\nwith the accompanying power of the courts in certain\\ncases to annul the acts of the legislature. This is not\\nonly the most original feature of our government, but\\nit is in some respects the most important. Without\\nthe Supreme Court, it is not likely that the Federal\\nUnion could have been held together, since Congress\\nhas now and then passed an act which the people in\\nsome of the states have regarded as unconstitutional\\nand tyrannical and in the absence of a judicial\\nmethod of settling such questions, the only available", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0019.jp2"}, "20": {"fulltext": "xu PREFACE.\\nremedy would have been nuUificatioii. I have de-\\nvoted a brief chapter to the origin and development\\nof written constitutions, and the connection of our\\ncolonial charters therewith.\\nLastly, we come to the completed structure, the\\nFederal Union and by this time we have examined\\nso many points in the general theory of American\\ngovernment, that our Federal Constitution can be\\nmore concisely described, and (I believe) more\\nquickly understood, than if we had made it the sub-\\nject of the first chapter instead of the last. In con-\\nclusion, there have been added a few brief hints and\\nsuggestions with reference to our political history.\\nThese remarks have been intentionally limited. It is\\nno part of the purpose of this book to give an account\\nof the doings of political parties under the Constitu-\\ntion. But its study majT^ fitly be supplemented by\\nthat of Professor Alexander Johnston s History of\\nAmerican Politics.\\nThis arrangement not only proceeds from the sim-\\npler forms of government to the more complex, but\\nit follows the historical order of development. From\\ntime immemorial, and down into the lowest strata of\\nsavagery that have come within our ken, there have\\nbeen clans and tribes and, as is here shown, a town-\\nship was originally a stationary clan, and a county\\nwas originally a stationary tribe. There were town-\\nships and counties (or equivalent forms of organiza-\\ntion) before there were cities. In like manner there\\nwere townships, counties, and cities long before there\\nwas anything in the world that could properly be\\ncalled a state. I have remarked below upon the way\\nin which English shires coalesced into little states,\\nand in course of time the English nation was formed\\nby the union of such little states, which lost their", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0020.jp2"}, "21": {"fulltext": "PREFACE. xiu\\nstatehood (i. e,, their functions of sovereignty, though\\nnot their self-government within certain limits) in the\\nprocess. Finally, in America, we see an enormous\\nnationality formed by the federation of states which\\npartially retain their statehood; and some of these\\nstates are themselves of national dimensions, as, for\\nexample, New York, which is nearly equal in area,\\nquite equal in population, and far superior in wealth,\\nto Shakespeare s England.\\nIn studying the local institutions of our different\\nstates, I have been greatly helped by the Johns\\nHopkins University Studies in History and Politics,\\nof which the eighth annual series is now in course of\\npublication. In the course of the pages below I have\\nfrequent occasion to acknowledge my indebtedness to\\nthese learned and sometimes profoundly suggestive\\nmonographs but I cannot leave the subject without\\na special word of gratitude to my friend. Dr. Herbert\\nAdams, the editor of the series, for the noble work\\nwhich he is doing in promoting the study of American\\nhistory.\\nIt had always seemed to me that the mere existence\\nof printed questions in text-books proves that the pub-\\nlishers must have rather a poor opinion of the aver-\\nage intelligence of teachers and it also seemed as if\\nthe practical effect of such questions must often be\\nto make the exercise of recitation more mechanical\\nfor both teachers and pupils, and to encourage the\\nbesetting sin of learning by heart. Nevertheless,\\nthere are usually two sides to a case and, in deference\\nto the prevailing custom, for which, no doubt, there\\nis much to be said, full sets of questions have been\\nappended to each chapter and section. It seemed de-\\nsirable that such questions should be prepared by\\nsome one especially familiar with the use of school-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0021.jp2"}, "22": {"fulltext": "xiv PREFACE.\\nbooks and for these I have to thank Mr. F. A. Hill,\\nHead Master of the Cambridge English High School.\\nI confess that Mr. Hill s questions have considerably\\nmodified my opinion as to the merits of such appara-\\ntus. They seem to add very materially to the useful-\\nness of the book.\\nIt will be observed that there are two sets of these\\nquestions, entirely distinct in character and purpose.\\nThe first set Questions on the Text is ap-\\npended to each section, so as to be as near the text\\nas possible. These questions furnish an excellent top-\\nical analysis of the text.^ In a certain sense they ask\\nwhat the book says, bui the teacher is advised em-\\nphatically to discourage any such thing as committing\\nthe text to memory. The tendency to rote-learning\\nis very strong. I had to contend with it in teaching\\nhistory to seniors at Harvard twenty years ago, but\\nmuch has since been done to check it through the de-\\nvelopment of the modern German seminary methods.\\n(For an explanation of these methods, see Dr. Herbert\\nAdams on Seminary Libraries and University Ex-\\ntension, J. H. U. Studies, V., xi.) With younger\\nstudents the tendency is of course stronger. It is\\nonly through much exercise that the mind learns\\nhow to let itself as Matthew Arnold used to say\\nplay freely about the facts.\\nIn order to supply the pupil with some wholesome\\nexercise of this sort, Mr. Hill has added, at the end\\nof each chapter, a set of Suggestive Questions and\\nDirections. Here he has thorouglily divined the\\npurpose of the book and done much to further it.\\n1 This, says Mr. Hill, will please those who prefer the topical\\nmethod, while it does not forbid the easy transformation of topics to\\nquestions, which others may demand.\\nIn the table of contents I have made a pretty full topical analysis\\nof the book, which may prove useful for comparison with Mr. Hill s.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0022.jp2"}, "23": {"fulltext": "PREFACE. XV\\nProblems or cases are suggested for the student to\\nconsider, and questions are asked which cannot be\\ndisposed of by a direct appeal to the text. Some-\\ntimes the questions go quite outside of the text, and\\nrelate to topics concerning which it provides no in-\\nformation whatever. This has been done with a pur-\\npose. The pupil should learn how to go outside of\\nthe book and gather from scattered sources informa-\\ntion concerning questions that the book suggests. In\\nother words, he should begin to learn hoio to make\\nresea7 ches, for that is coming to be one of the useful\\narts, not merely for scholars, but for men and women\\nin many sorts of avocations. It is always useful, as\\nwell as ennobling, to be able to trace knowledge to its\\nsources. Work of this sort involves more or less con-\\nference and discussion among classmates, and calls for\\nactive aid from the teacher and if the teacher does\\nnot at first feel at home in these methods, practice\\nwill nevertheless bring familiarity, and will prove\\nmost wholesome training. For the aid of teachers\\nand pupils, as well as of the general reader who wishes\\nto pursue the subject, I have added a bibliographical\\nnote at the end of each chapter, immediately after\\nMr. Hill s Suggestive Questions and Directions.\\nThis particular purpose in ray book must be care\\nfully borne in mind. It explains the omission of\\nmany details which some text-books on the same sub\\nject would be sure to include. To make a manual\\ncomplete and seK-sufficing is precisely what I have\\nnot intended. The book is designed to be suggestive\\nand stimulating, to leave the reader with scant in-\\nformation on some points, to make him (as Mr. Samuel\\nWeller says) vish there wos more, and to show him\\nhow to go on by himself. I am well aware that, in\\nmaking an experiment in this somewhat new direction.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0023.jp2"}, "24": {"fulltext": "XVI PREFACE.\\niiothiug is easier than to fall into errors of judgment.\\nI can hardly suppose that this book is free from such\\nerrors but if in spite thereof it shall turn out to be\\nin any way helpful in bringing the knowledge and\\nuse of the German seminary method into our higher\\nschools, I shall be more than satisfied.\\nJust here, let me say to young people in all parts\\nof our country If you have not already done\\nso, it would be well worth while for you to organize a\\ndebating society in your town or village, for the dis-\\ncussion of such historical and practical questions re-\\nlating to the government of the United States as are\\nsuggested in the course of this book. Once started,\\nthere need be no end of interesting and profitable\\nsubjects for discussion. As a further guide to the\\nbooks you need in studying such subjects, use Mr.\\nW. E. Foster s References to the Constitution of\\nthe United States, the invaluable pamphlet men-\\ntioned below on page 277. If you cannot afford to\\nbuy the books, get the public library of your town or\\nvillage to buy them or, perhaps, organize a small\\nspecial library for your society or club. Librarians\\nwiU naturally feel interested in such a matter, and\\nwill often be able to help with advice. A few hours\\nevery week spent in such wholesome studies cannot\\nfail to do much toward the political education of the\\nlocal community, and thus toward the general im-\\nprovement of the American people. For the ameli-\\noration of things will doubtless continue to be ef=\\nfected in the future, as it has been effected in the\\npast, not by ambitious schemes of sudden and uni-\\nversal reform (which the sagacious man always sus-\\npects, just as he suspects all schemes for returning a\\nfabulously large interest upon investments), but by\\nthe gradual and cumulative efforts of innumerable in-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0024.jp2"}, "25": {"fulltext": "PREFACE. xvn\\ndividuals, each doing something- to help or instruct\\nthose to whom his influence extends. He who makes\\ntwo clear ideas grow where there was only one hazy\\none before, is the true benefactor of his species.\\nIn conclusion, I must express my sincere thanks to\\nMr. Thomas Emerson, superintendent of schools in\\nNewton, for the very kind interest he has shown in\\nmy work, in discussing its plan with me at the outset,\\nin reading the completed manuscript, and in offering\\nvaluable criticisms.\\nCambridge, August 5, 1890.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0025.jp2"}, "26": {"fulltext": "7~", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0026.jp2"}, "27": {"fulltext": "CONTENTS.\\nCHAPTER I.\\nTAXATION AND GOVEENMENT.\\nFAfiS\\nToo much taxes 1, 2\\nWhat is taxation 3\\nTaxation and eminent domain 4\\nWhat is government 5\\nThe ship of state 6\\nThe government 6\\nWhatever else it may be, the government is the power\\nwhich imposes taxes 7\\nDifference between taxation and robbery 8\\nSometimes taxation is robbery 9\\nThe study of history is full of practical lessons, and helpful\\nto those who would be good citizens 9, 10\\nPerpetual vigilance is the price of liberty 11\\nQuestions on the Text 11, 12\\nSuggestive Questions and Directions 12-14\\nBibliographical Note 14, 15\\nCHAPTER II.\\nTHE township.\\n1. The New England Township.\\nThe most ancient and simple form of government 16\\nNew England settled by church congregations 16, 17\\nPolicy of the early Massachusetts government as to land\\ngrants 17", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0027.jp2"}, "28": {"fulltext": "XX CONTENTS.\\nSmallness of the farms 18\\nTownship and village 18\\nSocial position of the settlers 19\\nThe town-meeting 19\\nSelectmen town-clerk 20\\nTown-treasurer constables assessors of taxes and over-\\nseers of the poor 21\\nAct of 1647 establishing public schools .22\\nSchool committees 22, 23\\nField-drivers and pound-keepers fence-viewers other\\ntown officers 23, 24\\nCalling the town-meeting 24\\nTown, county, and state taxes 25\\nPoll-tax 25\\nTaxes on real-estate taxes on personal property 26\\nWhen and where taxes are assessed 26, 27\\nTax-lists 27\\nCheating the government 28\\nThe rate of taxation 28\\nUndervaluation; the burden of taxation 29\\nThe magic-fund delusion 30\\nEducational value of the town-meeting 31\\nBy-laws .31\\nPower and responsibility 32\\nThere is nothing especially American, democratic, or meri-\\ntorious about rotation in office .32\\nQuestions on the Text 32-34\\n2. Origin of the Township.\\nTown-meetings in ancient Greece and Rome .34\\nClans the viark and the tun 35\\nThe Old-English township, the manor, and the parish 36, 37\\nThe vestry-meeting 37\\nParish and vestry clerks; beadles, waywardens, hay wards,\\ncommon-dl ivers, churchwardens, etc. .38\\nTransition from the English parish to the New England\\ntownship 38, 39\\nBuilding of states out of smaller political units 39\\nRepresentation; shire-motes; Earl Simon s Parliament 46\\nThe township as the unit of representation in the shire-\\nmote and in the General Court 41\\nContrast with the Russian village-community which is not\\nrepresented in the general government .42", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0028.jp2"}, "29": {"fulltext": "CONTENTS. XXI\\nQuestions on the Text 43\\nSuggestive Questions and Directions 43-46\\nBibliographical Note 46, 47\\nCHAPTER III.\\nTHE COUNTY.\\n1. The County in its Beginnings.\\nWhy do we have counties 48\\nClans and tribes 49\\nThe English nation, like the American, grew out of the\\nunion of small states 49, 50\\nEaldorman and sheriff; shire-mote and county court 50, 51\\nThe coroner, or crown officer 51, 52\\nJustices of the peace the Quarter Sessions the lord lieu-\\ntenant 52\\nDecline of the English county beginnings of counties in\\nMassachusetts 53\\nQuestions on the Text 54\\n2. The Modern County in Massachusetts.\\nCounty commissioners, etc. shire-towns and court-houses 55\\nJustices of the peace, and trial justices 55, 56\\nThe sheriff 56\\nQuestions on the Text 57\\n3. The Old Virginia County.\\nVirginia sparsely settled extensive land grants to individ-\\nuals 57, 58\\nNavigable rivers absence of towns slavery 68\\nSocial position of the settlers 59\\nVirginia parishes the vestry was a close corporation 59, 60\\nPowers of the vestry 60\\nThe county was the unit of representation .61\\nThe county court was virtually a close corporation 61, 62\\nThe county-seat, or Court House 62\\nPowers of the court the sheriff 63\\nThe county-lieutenant 64\\nContrast between old Virginia and old New England, in re-\\nspect of local government G4, 65", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0029.jp2"}, "30": {"fulltext": "xxil CONTENTS.\\nJefferson s opinion of township government .65\\nCourt-day in old Virginia 65, 66\\nVirginia has been prolific in great leaders 66, 67\\nQuestions on the Text 67, 68\\nSuggestive Questions and Directions 68-70\\nBibliographical Note 70\\nCHAPTER IV.\\nTOWNSHIP AND COUNTY.\\n1. Various Local Systems.\\nParishes in South Carolina .71\\nThe back country the regulators 72\\nThe district system 72, 73\\nThe modern South Carolina county 73, 74\\nThe counties are too large 74\\nTendency of the school district to develop into something\\nlike a township 74\\nLocal institutions in colonial Maryland the hundred 75\\nClans brotherhoods, or phratries and tribes 75\\nOrigin of the hundred the hundred court the high con-\\nstable 76\\nDecay of the hundred hundred-meeting in Maryland 77\\nThe hundred in Delaware the levy court, or representa-\\ntive county assembly 78\\nThe old Pennsylvania county 78\\nTown-meetings in New York 79\\nThe county board of supervisors 79, 80\\nQuestions on the Text 80\\n\u00c2\u00a72, Settlement of the Public Domain.\\nWestward movement of population along parallels of lati-\\ntude 81\\nMethod of surveying the public lands 81-83\\nOrigin of townships in the West 83\\nFormation of counties in the West 84, 85\\nSome effects of this system 85\\nThe reservation of a section for public schools .86\\nIn this reservation there were the germs of township gov-\\nernment 87", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0030.jp2"}, "31": {"fulltext": "CONTENTS. xxiii\\nBut at first the county system prevailed 87, 88\\nQuestions on the Text 88\\n3. The Representative Township-County System in the West.\\nThe town-meeting in Michigan 89\\nConflict between township and county systems in Illinois 89, 90\\nEffects of the Ordinance of 1787 90\\nIntense vitality of the township system 91\\nCounty option and township option in Missouri, Nebraska,\\nMinnesota, and Dakota 91, 92\\nGrades of township government in the West .92\\nAn excellent result of the absence of centralization in the\\nUnited States 93\\nEffect of the self-governing school district in the South, in\\npreparing the way for the self-governing township 94\\nWoman-suffrage in the school district 94, 95\\nQuestions on the Text 96, 96\\nSuggestive Questions and Directions 96-98\\nBibliographical Note 98\\nCHAPTER V.\\nthe city.\\n1. Direct and Indirect Government.\\nSummary of the foregoing results township government\\nis direct, county government is indirect 99\\nRepresentative government is necessitated in a county by\\nthe extent of territory, and in a city by the multitude of\\npeople 100, 101\\nJosiah Quiney s account of the Boston town-meeting in\\n1830 101, 102\\nDistinctions between towns and cities in America and in\\nEngland 102, 103\\nQuestions on the Text 104\\n2. Origin of English Boroughs and Cities.\\nOrigin of the chesters and casters in Roman camps 104\\nCoalescence of towns into fortified boroughs 104, 105\\nThe borough as a hundred it acquires a court 105\\nThe borough as a county it acquires a sheriff 105, 106", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0031.jp2"}, "32": {"fulltext": "XXIV CONTENTS.\\nGovernment of London under Henry I. 106\\nThe guilds the town guild, and Guild Hall 106, 107\\nGovernment of London as perfected in the thirteenth cen-\\ntury niayor, aldermen, and common council 107, 108\\nThe city of London, and the metropolitan district 108\\nEnglish cities were for a long time the bulwarks of liberty 109\\nSimon de Montfort and the cities 110\\nOligarchical abuses in English cities, beginning with the\\nTudor period 110\\nThe Municipal Reform Act of 1835 Ill\\nGovernment of the city of New York before the Revolu-\\ntion Ill, 112\\nChanges after the Revolution 112, 113\\nCity government in Philadelphia in the eighteenth cen-\\ntury 113, 114\\nThe very tradition of good government was lacking in these\\ncities 114\\nQuestions on the Text 114-116\\n3. The Government of Cities in the United States.\\nSeveral features of our municipal governments 116, 117\\nIn many cases they do not seem to work well 117, 118\\nRapid growth of American cities 119\\nSome consequences of this rapid growth 120\\nWastefulness resulting from want of foresight 121\\nGrowth in complexity of government in cities 121, 122\\nIllustrated by list of municipal officers in Boston 122, 123\\nHow city government comes to be a mystery to the citizens,\\nin some respects harder to understand than state and\\nnational government .124\\nDread of the one-man power has in many cases led to\\nscattering and weakening of responsibility 125\\nCommittees inefficient for executive purposes the Cir-\\ncumlocution Office 126\\nAlarming increase of city debts, and various attempts to\\nremedy the evil 127\\nExperience of New York with state interference in muni-\\ncipal affairs unsatisfactory results 127-129\\nThe Tweed Ring in New York 129\\nThe present is a period of experiments 130\\nThe new government of Brooklyn 130-132\\nNecessity of separating municipal from national politics 132", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0032.jp2"}, "33": {"fulltext": "CONTENTS. XXV\\nNotion that the suffrage ought to be restricted evils\\nwrought by ignorant voters 133\\nEvils wrought by wealthy speculators testimony of the\\nPennsylvania Municipal Commission 134\\nDangers of a restricted suffrage 134, 135\\nBaneful effects of mixing city politics with national poli-\\ntics 135, 136\\nThe spoils system must be destroyed, root and branch\\nballot reform also indispensable 136\\nQuestions on the Text 136-138\\nSuggestive Questions and Directions 138, 139\\nBibliographical Note 139\\nCHAPTER VI.\\nthe state.\\n1. The Colonial Governments.\\nClaims of Spain to the possession of North America 140\\nClaims of France and England 140, 141\\nThe London and Plymouth Companies 141\\nTheir common charter 142\\nDissolution of the two companies 143\\nStates formed in the three zones 143-145\\nFormation of representative governments House of Bur-\\ngesses in Virginia 145, 146\\nCompany of Massachusetts Bay 146\\nTransfer of the charter from England to Massachusetts 147\\nThe General Court assistants and deputies 147, 148\\nVirtual independence of Massachusetts, and quarrels with\\nthe Crown 148\\nNew charter of Massachusetts in 1692 its liberties cur-\\ntailed 149\\nRepublican governments in Connecticut and Rhode Island 149\\nCounties palatine in England proprietary charter of Mary-\\nland 150, 151\\nProprietary charter of Pennsylvania .152\\nQuarrels between Penns and Calverts Mason and Dixon s\\nline 152\\nOther proprietary governments 152, 153\\nThey generally became unpopular 153", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0033.jp2"}, "34": {"fulltext": "xxvi CONTENTS.\\nAt the time of the Revolution there were three forms of co-\\nlonial government 1. Republican 2. Proprietary 3.\\nRoyal 154\\n(After 1692 the government of Massachusetts might be de-\\nscribed as Semi-royal) 154\\nIn all three forms there was a representative assembly,\\nwhich alone could impose taxes 154, 155\\nThe governor s council was a kind of upper house 155\\nThe colonial government was much like the English system\\nin miniature 155\\nThe Americans never admitted the supremacy of parlia-\\nment 156\\nExcept in the regulation of maritime commerce 157\\nIn England there grew up the theory of the imperial su-\\npremacy of parliament 157\\nAnd the conflict between the British and American theories\\nwas precipitated by becoming involved in the political\\nschemes of George III 158\\nQuestions on the Text 159, 160\\n2. The Transition from Colonial to State Governments.\\nDissolution of assemblies and parliaments 161\\nCommittees of correspondence provincial congresses 162\\nProvisional governments governors and presidents 163\\nOrigin of the senates 164\\nLikenesses and differences between British and American\\nsystems 165\\nQuestions on the Text 165, 166\\n3. The State Governments.\\nLater modifications 166\\nUniversal suffrage 167\\nSeparation between legislative and executive departments\\nits advantages and disadvantages as compared with the\\nEuropean plan 168, 169\\nIn our system the independence of the executive is of vital\\nimportance 169\\nThe state executive 169\\nThe governor s functions 1. Adviser of legislature 2.\\nCommander of state militia 3. Royal prerogative of\\npardon 4. Veto power 170, 171\\nImportance of the veto power as a safeguard against cor-\\nruption 171", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0034.jp2"}, "35": {"fulltext": "CONTENTS. xxvii\\nIn building the state, the local self-government was left un-\\nimpaired 172\\nInstructive contrast with France 173\\nSome causes of French political incapacity 174\\nVastness of the functions retained by the states in the Amer-\\nican Union 175, 176\\nIllustration from recent English history 176, 177\\nIndependence of the state courts 177\\nConstitution of the state courts 178\\nElective and appointive judges 179\\nQuestions on the Text 180, 181\\nSuggestive Questions and Directions 181-185\\nBibliographical Note 185, 186\\nCHAPTER VII.\\nWRITTEN CONSTITUTIONS.\\nIn the American state there is a power above the legis-\\nlature 187\\nGerms of the idea of a written constitution 188\\nDevelopment of the idea of contract in Roman law medi-\\naeval charters 188\\nThe Great Charter (1215) 189\\nThe BiU of Rights (1689) 190\\nForeshadowing of the American idea by Sir Harry Vane\\n(1656) 191\\nThe Mayflower compact (1620) 192\\nThe Fundamental Orders of Connecticut (1639) 192, 193\\nGerminal development of the colonial charter toward the\\nmodern state constitution .193\\nAbnormal development of some recent state constitutions,\\nencroaching upon the legislature 194\\nThe process of amending constitutions 195\\nThe Swiss Referendum 196\\nQuestions on the Text 196-198\\nSuggestive Questions and Directions 198, 199\\nBibliographical Note 200", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0035.jp2"}, "36": {"fulltext": "xxviii CONTENTS.\\nCHAPTER VIII.\\nTHE FEDERAL UNION.\\n1. Origin of the Federal Union.\\nCircumstances favourable to the union of the colonies 201\\nThe New England Confederacy (1643-84) .202\\nAlbany Congress (1754) Stamp Act Congress (1765)\\nCommittees of Correspondence (1772-75) .203\\nThe Continental Congress (1774-89) 204\\nThe several states were never at any time sovereign states 205\\nThe Articles of Confederation 20\u00c2\u00a3\\nNature and powers of the Continental Congress 206, 207\\nIt could not impose taxes, and therefore was not fully en-\\ndowed with sovereignty 207\\nDecline of the Continental Congress 208\\nWeakness of the sentiment of union anarchical tenden-\\ncies 208, 209\\nThe Federal Convention (1787) 209-211\\nQuestions on the Text 211, 212\\n2. The Federal Congress.\\nThe House of Representatives 212-214\\nThe three fifths compromise 213\\nThe Connecticut compromise 214\\nThe Senate 215\\nElectoral districts the Gerrymander 216, 217\\nThe election at large 218\\nTime of assembling 219\\nPrivileges of members 220\\nThe Speaker 220\\nImpeachment in England in the United States 221\\nThe president s veto power 222\\nQuestions on the Text 223, 224\\n3. The Federal Executive.\\nThe title of President 224\\nThe electoral college 225, 226\\nThe twelfth amendment 227\\nThe electoral commission (1877) 228\\nProvisions against a lapse of the presidency 228, 229", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0036.jp2"}, "37": {"fulltext": "CONTENTS.\\nXXIX\\nOriginal purpose of the electoral college not fulfilled\\nElectors formerly chosen in many states by districts\\nalways on a general ticket\\nMinority presidents\\nAdvantages of the electoral system\\nNomination of candidates by congressional caucus (1800-\\nNominating conventions the primary the district\\nvention the national convention\\nQualifications for the presidency the term of\\nPowers and duties of the president\\nThe president s message\\nExecutive departments the cabinet\\nThe secretary of state\\nDiplomatic and consular service\\nThe secretary of the treasury\\nThe other departments\\nQuestions on the Text\\noffice\\n229\\nnow\\n230\\n230, 231\\n231\\n-24) 232\\ncon-\\n233\\n234\\n234, 235\\n235\\n236\\n237\\n238\\n239\\n240\\n240-243\\n4. The Nation and the States.\\nDifference between confederation and federal union 243\\nPowers granted to Congress 244\\nThe Elastic Clause 245\\nPowers denied to the states 245\\nEvils of an inconvertible paper currency 245, 246\\nPowers denied to Congress 247\\nBills of attainder 247\\nIntercitizenship mode of making amendments 248\\nQuestions on the Text 249, 250\\n5. The Federal Judiciary.\\nNeed for a federal judiciary 250\\nFederal courts and judges 260, 251\\nDistrict attorneys and marshals 251\\nThe federal jurisdiction 251, 252\\nQuestions on the Text 252\\n6. Territorial Government.\\nThe Northwest Territory and the Ordinance of 1787 253\\nOther territories and their government 254\\nQuestions on the Text 254", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0037.jp2"}, "38": {"fulltext": "XXX CONTENTS.\\n7. Ratification and Amendments.\\nProvisions for ratification 255\\nConcessions to slavery 255\\nDemand for a bill of rights 256\\nThe first ten amendments 256\\nQuestions on the Text 257\\n8. Few Words about Politics.\\nFederal taxation 257\\nHamilton s policy excise tariff 258, 259\\nOrigin of American political parties strict and loose con-\\nstruction of the Elastic Clause 259\\nTariff, Internal Improvements, and National Bank 260\\nCivil Service reform 261\\nOrigin of the spoils system in the state politics of New\\nYork and Pennsylvania 262\\nRotation in office the Crawford Act 262\\nHow the spoils system was made national 263\\nThe CivU Service Act of 1883 264\\nThe Australian ballot 265\\nThe English system of accounting for election expenses 266\\nQuestions on the Text 267, 268\\nSuggestive Questions and Directions 269-271\\nBibliographical Note 272-277\\nAPPENDIX.\\nA. The Articles of Confederation 279\\nB. The Constitution of the United States .287\\nC. Magna Charta 308\\nD. Part of the Bill of Rights, 1689 325\\nE. The Fundamental Orders of Connecticut 329\\nF. The States classified according to origin 335\\nG. Table of states and territories 336\\nH. Population of the United States 1790-1880, with per-\\ncentages of urban population 337\\nI. An Examination Paper for Customs Cierks 337\\nJ. The New York Corrupt Practices Act of 1890 342\\nK, Specimen of an Australian ballot 347\\nIndex 353", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0038.jp2"}, "39": {"fulltext": "CIVIL GOVERNMENT IN THE UNITED STATES,\\nCONSIDERED WITH SOME REFER-\\nENCE TO ITg ORIGINS.\\nCHAPTER I.\\nTAXATION AND GOVERNMENT.\\nIn that strangely beautiful story, The Cloister\\nand the Hearth, in which Charles Reade has drawn\\nsuch a vivid picture of human life at the close of the\\nMiddle Ages, there is a good description of the siege\\nof a revolted town by the army of the Duke of Bur-\\ngundy. Arrows whiz, catapults hurl their ponderous\\nstones, wooden towers are built, secret mines are ex-\\nploded. The sturdy citizens, led J^ tall knight who\\nseems to bear a charmed life, batn? rery device of\\nthe besiegers. At length the citizens capture the\\nbrother of the duke s general, and the besiegers cap-\\nture the tall knight, wh^ turns out to be no knight\\nafter all, but just a plebeiun hosier. The duke s gen-\\neral is on thiS point of ordering the tradesman who\\nhas made ^o much trouble to be shot, but the latter\\nstill remains master of the situation for, as he dryly\\nobserves, if any harm comes to him, the enraged citi-\\nzens will hang the general s brother. Some parley\\nensues, in which the shrewd hosier promises for the\\ntownsfolk to set free their prisoner and pay a round", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0039.jp2"}, "40": {"fulltext": "2 TAXATION AND GOVERNMENT.\\nsum of money if the besieging army will depart and\\nleave them in peace. The offer is accepted, and so\\nthe matter is amicably settled. As the worthy citizen\\nis about to take his leave, the general ventures a word\\nof inquiry as to the cause of the town s revolt. What,\\nthen, is your grievance, my good friend Our ho-\\nToo much sier knight, though deft with needle and\\ntaxes. keen with lance, has a stammering tongue.\\nHe answers Tuta tuta tuta tuta too much\\ntaxes\\nToo much taxes those three little words fur-\\nnish us with a clue wherewith to understand and ex-\\nplain a great deal of history. A great many sieges\\nof towns, so horrid to have endured though so pictur-\\nesque to read about, hundreds of weary marches and\\ndeadly battles, thousands of romantic plots that have\\nled their inventors to the scaffold, have owed their\\norigin to questions of taxation. The issue between\\nthe ducal commander and the warlike tradesman has\\nbeen tried over and over again in every country and\\nin e v;ery age, and not always has the oppressor been\\nso speedily thwarted and got rid of. The questions as\\nto how much tli^ taxes shall be, and who is to decide\\nhow much they snail be, are always and in every stage\\nof society questions of most fundamental importance.\\nAnd ever since men began to make history, a very\\nlarge part of what they have done, in the way of\\nmaking history, has been the attempt to settle these\\nquestions, whether by discussion or by blows, whether\\nin council chambers or on the battlefield. The French\\n.Revolution of 1789, the most terrible political convul-\\nsion of modern times, was caused chiefly by too\\nmuch taxes, and by the fact that the people who paid\\nthe taxes were not the people who decided what the\\ntaxes were to be. Our own Revolution, which made", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0040.jp2"}, "41": {"fulltext": "TAXATION AND GOVERNMENT. 3\\nthe United States a nation independent of Great Brit-\\nain, was brought on by the disputed question as to\\nwho was to decide what taxes American citizens must\\npay.\\nWhat, then, are taxes The question is one which\\nis apt to come up, sooner or later, to puzzle children.\\nThey find no difficulty in understanding the butcher s\\nbill for so many pounds of meat, or the tailor s bill\\nfor so many suits of clothes, where the value received\\nis something that can be seen and handled. But the\\ntax bill, though it comes as inevitably as the ^i^^t is tax-\\nautumnal frosts, bears no such obvious rela-\\ntion to the incidents of domestic life it is not quite\\nso clear what the money goes for and hence it is apt\\nto be paid by the head of the household with more or\\nless grumbling, while for the younger members of the\\nfamily it requires some explanation.\\nIt only needs to be pointed out, however, that in\\nevery town some things are done for the benefit of all\\nthe inhabitants of the town, things which concern one\\nperson just as much as another. Thus roads are made\\nand kept in repair, school-houses are built and salaries\\npaid to school-teachers, there are constables who take\\ncriminals to jail, there are engines for putting out\\nfires, there are public libraries, town cemeteries, and\\npoor-houses. Money raised for these purposes, which\\nare supposed to concern all the inhabitants, is sup-\\nposed to be paid by all the inhabitants, each one fur-\\nnishing his share and the share which each one pays\\nis his town tax.\\nFrom this illustration it would appear that taxes\\nare private property taken for public purposes and\\nin making this statement we come very near the truth.\\nTaxes are portions of private property which a gov-\\nernment takes for its public purposes. Before going", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0041.jp2"}, "42": {"fulltext": "4 TAXATION AND GOVERNMENT.\\nfarther, let us pause to observe that there is one other\\nway, besides taxation, in which government\\nTaxation and c i i\\neminent do- sometiuies takes private property tor public\\npurposes. Roads and streets are of great\\nimportance to the general public and the government\\nof the town or city in which you live may see fit, in\\nopening a new street, to run it across your garden, or\\nto make you move your house or shop out of the way\\nfor it. In so doing, the government either takes away\\nor damages some of your property. It exercises rights\\nover your property without asking your permission.\\nThis power of government over private property is\\ncalled the right of eminent domain. It means that\\na man s private interests must not be allowed to ob-\\nstruct the interests of the whole community in which\\nhe lives. But in two ways the exercise of eminent\\ndomain is unlike taxation. In the first place, it is\\nonly occasional, and affects only certain persons here\\nor there, whereas taxation goes on perpetually and\\naffects all persons who own property. In the second\\nplace, when the government takes away a piece of\\nyour land to make a road, it pays you money in\\nreturn for it perhaps not quite so much as you believe\\nthe piece of land was worth in the market the aver-\\nage human nature is doubtless such that men seldom\\ngive fair measure for measure unless they feel com-\\npelled to, and it is not easy to put a government un-\\nder compulsion. Still it gives you something it does\\nnot ask you to part with your property for nothing.\\nNow in the case of taxation, the government takes\\nyour money and seems to make no return to you indi-\\nvidually but it is supposed to return to you the value\\nof it in the shape of well-paved streets, good schools,\\nefficient protection against criminals, and so forth.\\nIn giving this brief preliminary definition of taxes", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0042.jp2"}, "43": {"fulltext": "TAXATION AND GOVERNMENT. 5\\nand taxation, we have already begun to speak of the\\ngovernment of the town or city in Avhich you live.\\nWe shall presently have to speak of other govern-\\nments, as the government of your state and the\\ngovernment of the United States and we shall now\\nand then have occasion to allude to the gov- _\\nT T What is\\nernments of other countries m which the peo- govem-\\nment\\npie are free, as, for example, England and\\nof some countries in which the people are not free, as,\\nfor example, Russia. It is desirable, therefore, that\\nwe should here at the start make sure what we mean\\nby government, in order that we may have a clear\\nidea of what we are talking about.\\nOur verb to govern is an Old French word, one\\nof the great host of French words which became a\\npart of the English language between the eleventh\\nand fourteenth centuries, when so much French was\\nspoken in England. The French word was gouverner,\\nand its oldest form was the Latin gubernare, a word\\nwhich the Romans borrowed from the Greek, and\\nmeant originally to steer the ship. Hence it very\\nnaturally came to mean to guide, to direct, to\\ncommand. The comparison between governing and\\nsteering was a happy one. To govern is not to com-\\nmand as a master commands a slave, but it is to issue\\norders and give directions for the common good for\\nthe interests of the man at the helm are the same as\\nthose of the people in the ship. All must The ship\\nfloat or sink together. Hence we sometimes state.\\nspeak of the ship of state, and we often call the\\nstate a commonwealth, or something in the weal or\\nwelfare of which all the people are alike interested.\\nGovernment, then, is the directing or managing of\\nsuch affairs as concern all the people alike, as, for\\nexample, the punishment of criminals, the enforce*", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0043.jp2"}, "44": {"fulltext": "6 TAXATION AND GOVERNMENT.\\nment of contracts, the defence against foreign enemies,\\nthe maintenance of roads and bridges, and so on. To\\nthe directing or managing of such affairs all the peo-\\nple are expected to contribute, each according to his\\nability, in the shape of taxes. Government is some-\\nthing which is supported by the people and kept alive\\nby taxation. There is no other way of keeping it\\nalive.\\nThe business of carrying on government of steer-\\ning the ship of state either requires some special\\ntraining, or absorbs all the time and attention of\\nthose who carry it on and accordingly, in all coun-\\ntries, certain persons or groups of persons are se-\\nlected or in some way set apart, for longer or shorter\\nperiods of time, to perform the work of government.\\nSuch persons may be a king with his council, as in the\\nEngland of the twelfth century or a parliament led\\nby a responsible ministry, as in the England of to-day\\nor a president and two houses of congress, as in the\\nUnited States or a board of selectmen, as in a New\\nEngland town. When we speak of a government\\nThe gov- the government, we often mean the\\nernment. gj.Q^p of persons thus sct apart for carrying-\\non the work of government. Thus, by the Glad-\\natone government we mean Mr. Gladstone, with his\\ncolleagues in the cabinet and his Liberal majority in\\nthe House of Commons; and by the Lincoln gov-\\nernment, properly speaking, was meant President\\nLincoln, with the Republican majorities in the Senate\\nand House of Representatives.\\nThe government has always many things to do,\\nand there are many different lights in which we might\\nregard it. But for the present there is one thing\\nwhich we need especially to keep in mind. The\\ngovernment is the power which can rightfully take", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0044.jp2"}, "45": {"fulltext": "TAXATION AND GOVERNMENT. 1\\naway a part of your property, in the shape of taxes,\\nto be used for public purposes. A government is not\\nworthy of the name, and cannot long be kept in exist-\\nence, unless it can raise money by taxation, whatever\\nand use force, if necessary, in collecting its beT *tS^^\\ntaxes. The only general government of the ST^ is\\nUnited States during the Revolutionary War, hi^r^\\nand for six years after its close, was the Con-\\ntinental Congress, which had no authority to raise\\nmoney by taxation. In order to feed and clothe the\\narmy and pay its officers and soldiers, it was obliged\\nto ash for money from the several states, and hardly\\never got as much as was needed. It was obliged to\\nborrow millions of dollars from France and Holland,\\nand to issvie promissory notes which soon became\\nwortMess. After the war was over it became clear\\nthat this so-called government could neither preserve\\norder nor pay its debts, and accordingly it ceased to\\nbe respected either at home or abroad, and it became\\nnecessary for the American people to adopt a new\\nform of government. Between the old Continental\\nCongress and the government under which we have\\nlived since 1789, the differences were many but by\\nfar the most essential difference was that the new gov-\\nernment could raise money by taxation, and was thus\\nenabled properly to carry on the work of governing.\\nIf we are in any doubt as to what is really the\\ngovernment of some particular country, we cannot do\\nbetter than observe what person or persons in thar\\ncountry are clothed with authority to tax the people.\\nMere names, as customarily applied to governments,\\nare apt to be deceptive. Thus in the middle of the\\neighteenth century France and England were both\\ncalled kingdoms but so far as kingly power was\\nconcerned, Louis XV. was a very different sort of a", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0045.jp2"}, "46": {"fulltext": "8 TAXATION AND GOVERNMENT.\\nking from George II. The French king could impose\\ntaxes on his people, and it might therefore be truly\\nsaid that the government of France was in the king.\\nIndeed, it was Louis XV. s immediate predecessor who\\nmade the famous remark, The state is myself. But\\nthe English king could not impose taxes the only\\npower in England that could do that was the House of\\nCommons, and accordingly it is correct to say that in\\nEngland, at the time of which we are speaking, the\\ngovernment was (as it still is) in the House of Com-\\nmons.\\nI say, then, the most essential feature of a govern-\\nment or at any rate the feature with which it is\\nmost important for us to become familiar at the start\\nis its power of taxation. The government is that\\nDifference which taxcs. If individuals take away some\\ntaxrtton your property for purposes of their own,\\nand robbery. jg robbery you lose your money and get\\nnothing in return. But if the government takes away\\nsome of your property in the shape of taxes, it is sup-\\nposed to render to you an equivalent in the shape of\\ngood government, something without which our lives\\nand property would not be safe. Herein seems to lie\\nthe difference between taxation and robbery. When\\nthe highwayman points his pistol at me and I hand\\nhim my purse and watch, I am robbed. But when I\\npay the tax-collector, who can seize my watch or sell\\nmy house over my head if I refuse, I am simply pay-\\ning what is fairly due from me toward supporting the\\ngovernment.\\nIn what we have been saying it has thus far been\\nassumed that the government is in the hands of up-\\nright and competent men and is properly administered.\\nIt is now time to observe that robbery may be com-\\nmitted, by governments as well as by individuals. If", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0046.jp2"}, "47": {"fulltext": "TAXATION AND GOVERNMENT. 9\\nthe business of governing is placed in the hands of\\nmen who have an imperfect sense of their duty toward\\nthe public, if such men raise money by taxa-\\n1 1 1 Sometimes\\ntion and then spend it on their own pleas- taxation is\\nT T n robbery.\\nures, or to increase their political innuence,\\nor for other illegitimate purposes, it is really robbery,\\njust as much as if these men were to stand with pis-\\ntols by the roadside and empty the waUets of people\\npassing by. They make a dishonest use of their high\\nposition as members of government, and extort money\\nfor which they make no return in the shape of ser-\\nvices to the public. History is full of such lament-\\nable instances of misgovernment, and one of the most\\nimportant uses of the study of history is to teach us\\nhow they have occurred, in order that we may learn\\nhow to avoid them, as far as possible, in the future.\\nWhen we begin in childhood the study of history\\nwe are attracted chiefly by anecdotes of heroes and\\ntheir battles, kings and their courts, how the The study\\nSpartans fought at Thermopylae, how Alfred story.\\nlet the cakes burn, how Henry VIII. beheaded his\\nwives, how Louis XIV. used to live at Versailles. It\\nis quite right that we should be interested in such per-\\nsonal details, the more so the better for history has\\nbeen made by individual men and women, and mitil\\nwe have understood the character of a great many of\\nthose who have gone before us, and how they thought\\nand felt in their time, we have hardly made a fair\\nbeginning in the study of history. The greatest his-\\ntorians, such as Freeman and Mommsen, show as\\nlively an interest in persons as in principles and I\\nwould not give much for the historical theories of a\\nman who should declare himself indifferent to little\\npersonal details.\\nSome people, however, never outgrow the child s", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0047.jp2"}, "48": {"fulltext": "10 TAXATION AND GOVERNMENT.\\nnotion of history as merely a mass of pretty anec-\\ndotes or stupid annals, without any practical bearing\\nupon our own every-day life. There could not be a\\ngreater mistake. Very little has happened in the\\npast which has not some immediate prac-\\nIt is full of T p 11-\\npractical tical Icssous for US and when we study his-\\nlessons r i i i\\ntory m order to profit by the experience of\\nour ancestors, to find out wherein they succeeded and\\nwherein they failed, in order that we may emulate\\ntheir success and avoid their errors, then history be-\\ncomes the noblest and most valuable of studies. It\\nthen becomes, moreover, an arduous pursuit, at once\\noppressive and fascinating from its endless wealth of\\nmaterial, and abounding in problems which the most\\ndiligent student can never hope completely to solve.\\nFew people have the leisure to undertake a syste-\\nmatic and thorough study of history, but every one\\nought to find time to learn the principal features of\\nthe governments under which we live, and to get some\\ninkling of the way in which these governments have\\ncome into existence and of the causes which have\\nmade them what they are. Some such\\nto those who knowledge is necessary for the proper dis-\\ngood citi- charge of the duties of citizenship. Political\\ns ens.\\nquestions, great and small, are perpetually\\narising, to be discussed in the newspapers and voted\\non at the polls and it is the duty of every man and\\nwoman, young or old, to try to understand them.\\nThat is a duty which we owe, each and all of us, to\\nourselves and to our fellow-countrymen. For if such\\nquestions are not settled in accordance with knowledge,\\nthey wiU be settled in accordance with ignorance and\\nthat is a kind of settlement likely to be fraught with\\nresults disastrous to everybody. It cannot be too often\\nrepeated that eternal vigilance is the price of lib*", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0048.jp2"}, "49": {"fulltext": "TAXATION AND GOVERNMENT. 11\\nerty. People sometimes argue as if they supposed\\nthat because our national government is called a re-\\npublic and not a monarchy, and because we Etemai\\nhave free schools and universal suffrage, thl priceof\\ntherefore our liberties are forever secure, ^^^^^y-\\nOur government is, indeed, in most respects, a marvel\\nof political skill and in ordinary times it runs so\\nsmoothly that now and then, absorbed as most of us\\nare in domestic cares, we are apt to forget that it will\\nnot run of itself. To insure that the government of\\nthe nation or the state, of the city or the township, shall\\nbe properly administered, requires from every citizen\\nthe utmost watchfulness and intelligence of which he\\nis capable.\\nQUESTIONS ON THE TEXT.\\nTo the teacher. Encourage full answers. Do not permit any-\\nthing like committing the text to memory. In the long run the\\npupil who relies upon his own language, however inferior it may\\nbe to that of the text, is better off. Naturally, with thoughtful\\nstudy, the pupil s language will feel the influence of that of the\\ntext, and so improve. The important thing in any answer is\\nthe fundamental thought. This idea once grasped, the expres-\\nsion of it may receive some attention. The expression will often\\nbe broken and faulty, partly because of the immaturity of thr\\npupil, and partly because of the newness and difficulty of the\\ntheme. Do not let the endeavour to secure excellent expression\\ncheck a certain freedom and spontaneity that should be encour-\\naged in the pupil. When the teacher desires to place special\\nstress on excellent presentation, it is wise to assign topics before-\\nhand, so that each pupil may know definitely what is expected\\nof him, and prepare himself accordingly.\\nr Tell the story that introduces the chapter.\\n2. What lesson is it designed to teach\\n3. What caused the French Revolution\\n4. What caused the American Revolution\\n5. Compare the tax bill with that of the butcher or tailor.\\n6. What are taxes raised for hi a town For whose benefit\\n7. Define taxes.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0049.jp2"}, "50": {"fulltext": "12 TAXATION AND GOVERNMENT.\\n8. Define the right of eminent domain.\\n9. Distinguish between taxes and the right of eminent domain.\\n10. What is the origin of the word govern\\n1 1 Define government.\\n12. By whom is it supported, how is it kept alive, and by whom\\nis it carried on\\n13. Give /illustrations of governments.\\n[4. What one power must government have to be worthy of the\\nname\\n15. What was the principal weakness of the government during\\nthe American Revolution\\n16. Compare this government with that of the United States\\nsince 1789.\\n1 7. If it is doubtful what the real government of a country is,\\nhow may the doubt be settled\\n18. Illustrate by reference to France and England in the eigh-\\nteenth century.\\n19. What is the difference between taxation and robbery\\n20. Under what conditions may taxation become robbery\\n2 1 To what are we easily attracted in our first study of history\\n22. What ought to be learned from history\\n23. What sort of knowledge is helpful in discharging the duties\\nof citizenship\\n24. Show how eternal vigilance is the price of liberty.\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\nTo the teacher. The object of this series of questions and\\nsuggestions is to stimulate reading, investigating, and thinking.\\nIt is not expected, indeed it is hardly possible, that each pupil\\nshall respond to them all. A single question may cost prolonged\\nstudy. Assign the numbers, therefore, to individuals to report\\nupon at a subsequent recitation, one or more to each pupil,\\naccording to the difficulty of the numbers. Reserve some for\\nclass consideration or discussion. Now and then let the teacher\\nanswer a question himself, partly to furnish the pupils with good\\nexamples of answers, and partly to insure attention to matters\\nthat might otherwise escape notice.\\n1 Are there people who receive no benefit from their payment\\nof taxes\\n2. Are the benefits received by people in proportion to the\\namounts paid by them", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0050.jp2"}, "51": {"fulltext": "TAXATION AND GOVERNMENT. 13\\n3. Show somewhat fully what taxes had to do with the French\\nRevolution.\\n4. Show somewhat fully what taxes had to do with the American\\nRevolution.\\n5. Give illustrations of the exercise of the right of eminent\\ndomain in your own towu or county or state.\\n6. Do railroad corporations exercise such a right How do\\nthey succeed in getting land for their tracks\\n7. In case of disagreement, how is a fair price determined for\\nproperty taken by eminent domain\\n8. What persons are prominent to-day in the government of\\nyour own town or city Of your own county Of your\\nown state Of the United States\\n9. Who constitute the government of the school to which you\\nbelong Does this question admit of more than one\\nanswer Has the government of your school any power\\nto tax the people to support the school\\nI o. What is the difference between a state and the government\\nof a state\\n1 1 Which is the more powerful branch of the English Parlia-\\nment Why\\n1 2. Is it a misuse of the funds of a city to provide entertain-\\nments for the people July 4 To expend money in en-\\ntertaining distinguished guests To provide flowersj\\ncarriages, cigars, wines, etc., for such guests\\n13. What is meant by subordinating public office to private\\nends Cite instances from history.\\n14. What histories have you read What one of them, if any,\\nwould you call a child s history, or a drum and trum-\\npet history What one of them, if any, has impressed\\nany lessons upon you\\n15. Mention some principles that history has taught you.\\n16. Mention a few offices, and tell the sort of intelligence that is\\nneeded by the persons who hold them. What results\\nmight follow if such intelligence were lacking", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0051.jp2"}, "52": {"fulltext": "14 TAXATION AND GOVERNMENT.\\nBIBLIOGRAPHICAL NOTE.\\nIt is designed in tlie bibliographical notes to indicate some au-\\nthorities to which reference may be made for greater detail than\\nis possible in an elementally work like the present. It is be-\\nlieved that the notes will prove a help to teacher and pupil in\\nspecial investigations, and to the reader who may wish to make\\nselections from excellent sources for purposes of self-culture.\\nIt is hardly necessary to add that it is sometimes worth much\\nto the student to know where valuable information may be ob-\\ntained, even when it is not practicable to make immediate use\\nof it.\\nCertain books should always be at the teacher s desk during\\nthe instruction in civil governmentj and as easily accessible as\\nthe large dictionary as, for instance, the following The Gen-\\neral Statutes of the state, the manual or blue-book of the state\\nlegislature, and, if the school is in a city, the city charter and\\nordinances. It is also desirable to add to this list the statutes of\\nthe United States and a manual of Congress or of the general\\ngovernment. Manuals may be obtained through representatives\\nin the state legislature and in Congress. They will answer nearly\\nevery purpose if they are not of the latest issue. The States-\\nman s Year Book, published by Macmillan Co., New York,\\nevery year, is exceedingly valuable for reference. Certain al-\\nmanacs, particularly the comprehensive ones issued by the New\\nYork Tribune and the New York World, are rich in state and\\nnational statistics, and so inexpensive as to be within everybody s\\nmeans.\\nTaxation and Government. As to the causes of the\\nAmerican revolution, see my War of Independence, Boston,\\n1889 and as to the weakness of the government of the United\\nStates before 1789, see my Critical Period of American History,\\nBoston, 1888. As to the causes of the French revolution, see\\nPaul Lacombe, The Growth of a People, N. Y., 1883, and the\\nthird volume of Kitchin s History of France, London, 1887 also\\nMorse Stephens, The French Revolution, vol. i., N. Y., 1887\\nTaine, The Ancient jRe^ime, N. Y., 1876, and The Revolution, 2\\nvols., N. Y., 1880. The student may read with pleasure and\\nprofit Dickens s Tale of Tivo Cities. For the student familiar", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0052.jp2"}, "53": {"fulltext": "TAXATION AND GOVERNMENT. 16\\nwith French, an excellent book is Albert Babeau, Le Village sous\\nVancien Regime, Paris, 1879 see also Tocqueville, L ancien Regime\\net la Revolution, 7th eel., Paris, 1866. There is a good sketch of\\nthe causes of the French revolution in the fifth volume of\\nLecky s History of England in the Eighteenth Century, N. Y., 1887\\nsee also Buckle s History of Civilization, chaps, xii.-xiv. There is\\nno better commentary on my first chapter than the lurid history\\nof France in the eighteenth century. The strong contrast to\\nEnglish and American history shows us most instructively what\\nwe have thus far escaped.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0053.jp2"}, "54": {"fulltext": "CHAPTEE n.\\nTHE TOWNSHIP.\\n1. The New England Township.\\nOf the various kinds of government to be found in\\nthe United States, we may begin by considering that\\nof the New England township. As we shall presently\\nsee, it is in principle of all known forms of govern-\\nment the oldest as well as the simplest. Let us ob-\\nserve how the New England township grew up.\\nWhen people from England first came to dwell in\\nthe wilderness of Massachusetts Bay, they settled in\\ngroups upon small irregular-shaped patches of land,\\nwhich soon came to be known as townships. There\\nwere several reasons why they settled thus in small\\ngroups, instead of scattering about over the country\\nand carving out broad estates for themselves. In the\\nfirst place, their principal reason for coming\\nland was to Ncw England was their dissatisfaction\\nchurch con- With tlic way in which church affairs were\\nmanaged in the old country. They wished\\nto bring about a reform in the church, in such wise\\nthat the members of a congregation should have more\\nvoice than formerly in the church-government, and\\nthat the minister of each congregation should be more\\nindependent than formerly of the bishop and of the\\ncivil government. They also wished to abolish sun-\\ndry rites and customs of the church of which they", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0054.jp2"}, "55": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 17\\nhad come to disapprove. Finding the resistance to\\ntheir reforms quite formidable in England, and having\\nsome reason to fear that they might be themselves\\ncrushed in the struggle, they crossed the ocean in\\norder to carry out their ideas in a new and remote\\ncountry where they might be comparatively secure\\nfrom interference. Hence it was quite natural that\\nthey should come in congregations, led by their favour-\\nite ministers, such men, for example, as Higginson\\nand Cotton, Hooker and Davenport. When such\\nmen, famous in England for their bold preaching and\\nimperilled thereby, decided to move to America, a\\nconsiderable number of their parishioners would de-\\ncide to accompany them, and similarly minded members\\nof neighbouring churches would leave their own pastor\\nand join in the migration. Such a group of people,\\narriving on the coast of Massachusetts, would natu-\\nrally select some convenient locality, where they might\\nbuild their houses near together and all go to the same\\nchurch.--\\nThis migration, therefore, was a movement, not of\\nindividuals or of separate families, but of church-\\ncongregations, and it continued to be so as the settlers\\nmade their way inland and westward. The first river\\ntowns of Connecticut were founded by congregations\\ncoming from Dorchester, Cambridge, and Watertown.\\nThis kind of settlement was favoured by the govern-\\nment of Massachusetts, which made grants\\nof land, not to individuals but to companies\\nof people who wished to live together and attend the\\nsame church.\\nIn the second place, the soil of New England was\\nnot favourable to the cultivation of great quantities of\\nstaple articles, such as rice or tobacco, so that there\\nwas nothWg to tempt people to undertake exten-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0055.jp2"}, "56": {"fulltext": "18 THE TOWNSHIP.\\nsive plantations. Most of tlie people lived on small\\nfarms, each family raising but little more than enough\\nfood for its own support and the small size\\nof the farms made it possible to have a good\\nmany in a compact neighbourhood. It appeared also\\nthat towns could be more easily defended against the\\nIndians than scattered plantations and this doubtless\\nhelped to keep people together, although if there had\\nbeen any strong inducement for solitary pioneers to\\nplunge into the great woods, as ia later years so often\\nhappened at the West, it is not likely that any dread\\nof the savages v/ould have hindered them.\\nThus the early settlers of New England came to\\nlive in townships. A township would consist of about\\nas many farms as could be disposed within convenient\\ndistance from the meeting-house, where all the inliab-\\ntants, young and old, gathered every Sunday, ^aaaifig\\non horseback or afoot. The meeting-house was thus\\nTownship centrally situated, and near it was the town\\nand vuiage. pasture or common, with the school-house\\nand the block-house, or rude fortress for defence\\nagainst the Indians. For the latter building some\\ncommanding position was apt to be selected, and hence\\nwe so often find the old village streets of New Eng-\\nland running along elevated ridges or climbing over\\nbeetling hilltops. Around the meeting-house and\\ncommon the dwellings gradually clustered into a vil-\\nlage, and after a while the tavern, store, and town-\\nhouse made their appearance.\\nAmong the people who thus tilled the farms and\\nbuilt up the villages of New England, the differences\\nin what we should call social position, though notice-\\nable, were not extreme. While in England some had\\nbeen esquires or country magistrates, or lords of the\\nmanor, a phrase which does not mean a member", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0056.jp2"}, "57": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 19\\nof the peerage, but a landed proprietor with dependent\\ntenants some had been yeomen, or persons holding\\nfarms by some free kind of tenure some\\nhad been artisans or tradesmen in cities, tionof ^set-\\ntiers.\\nAll had for many generations been more or\\nless accustomed to self-government and to public meet-\\nings for discussing local affairs. That self-govern-\\nment, especially as far as church matters were con-\\ncerned, they were stoutly bent upon maintaining and\\nextending. Indeed, that was what they had crossed\\nthe ocean for. Under these circumstances they de-\\nveloped a kind of government which we may describe\\nin the present tense, for its methods are pretty much\\nthe same to-day that they were two centuries ago.\\nIn a. New England township the people directly\\ngovern themselves the government is the people, or,\\nto speak with entire precision, it is all the male inhab-\\nitants of one-and-twenty years of age and upwards.\\nThe people tax themselves. Once each year, usually\\nin March but sometimes as early as February or as\\nlate as April, a town-meeting is held, at ^^e town-\\nwhich all the grown men of the township are ^^^t\\nexpected to be present and to vote, while any one may\\nintroduce motions or take part in the discussion. In\\nearly times there was a fine for non-attendance, but\\nthat is no longer the case it is supposed that a due re-\\ngard to his own interests will induce every man to come.\\nThe town-meeting is held in the town-house, but at\\nfirst it used to be held in the church, which was thus\\na meeting-house for civil as well as ecclesiastical\\npurposes. At the town-meeting measures relating to\\nthe administration of town affairs are discussed and\\nadopted or rejected appropriations are made for the\\npublic expenses of the town, or in other words the\\nCompare the Scottish laird.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0057.jp2"}, "58": {"fulltext": "20 THE TOWNSHIP.\\namount of tlie town taxes for tlie year is determined\\nand town officers are elected for the year. Let us first\\nenumerate these officers.\\nThe principal executive magistrates of the town are\\nthe selectmen. They are three, five, seven, or nine in\\nnumber, according to the size of the town and the\\namount of public business to be transacted. The odd\\nnumber insures a majority decision in case of any\\ndifference of opinion among them. They have the\\ngeneral management of the public business.\\nThey issue warrants for the holding of town-\\nmeetings, and they can call such a meeting at any\\ntime during the year when there seems to be need for\\nit, but the warrant must always specify the subjects\\nwhich are to be discussed and acted on at the meeting.\\nThe selectmen also lay out highways, grant licenses,\\nand impanel jurors they may act as health officers\\nand issue orders regarding sewerage, the abatement of\\nnuisances, or the isolation of contagious diseases in\\nmany cases they act as assessors of taxes, and as over-\\nseers of the poor. /They are the proper persons to\\nlisten to complaints if anything goes wrong in the\\ntown. In county matters and state matters they speak\\nfor the towii, and if it is a party to a law-suit they\\nrepresent it in court for the New England town is a\\nlegal corporation, and as such can hold property, and\\nsue and be sued. In a certain sense the selectmen\\nmay be said to be the government of the town\\nduring the intervals between the town-meetings.\\nAn officer no less important than the selectmen is\\nthe town-clerk. He keeps the record of all votes\\npassed in the town-meetings. He also re-\\nTown-clerk. tt i.i\\ncords the names oi candidates and the num-\\nber of votes for each in the election of state and\\ncounty officers. He records the births, marriages,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0058.jp2"}, "59": {"fulltext": "THE .NEW ENGLAND TOWNSHIP. 21\\nand deaths in the township, and issues certificates to\\npersons who declare an intention of marriage. He\\nlikewise keeps on record accurate descriptions of the\\nposition and bounds of public roads and, in short,\\nhas general charge of all matters of town-record.\\nEvery town has also its treasurer, who receives and\\ntakes care of the money coming in from the j^^^.\\ntaxpayers, or whatever money belongs to ^^^^s\\nthe town. Out of this money he pays the public ex-\\npenses. He must keep a strict account of his receipts\\nand payments, and make a report of them each year.\\nEvery town has one or more constables, who serve\\nwarrants from the selectmen and writs from\\nthe law courts. They pursue criminals and\\ntake them to jail. They summon jurors. In many\\ntowns they serve as collectors of taxes, but in many\\nother towns a special officer is chosen for that pur-\\npose. When a person fails to pay his taxes, after a\\nspecified time the collector has authority to seize upon\\nhis property and sell it at auction, paying the tax and\\ncosts out of the proceeds of the sale, and handing\\nover the balance to the owner. In some cases, where\\nno property can be found and there is reason to be-\\nlieve that the delinquent is not acting in good faith,\\nhe can be arrested and kept in prison until the tax\\nand costs are paid, or until he is released by the\\nproper legal methods.\\n.2^ Where the duties of the selectmen are likely to be\\ntoo numerous, the town may choose three or Assessors of\\nmore assessors of tax^s to prepare the tax ^erseerifof\\nlists; and three or :i^ore overseers of the *^\u00c2\u00abp\u00c2\u00b0\u00c2\u00b0\\npoor, to regulate the ..ftianagement of the village alms-\\nhouse and confer with other towns upon such ques-\\ntions as often arise concerning the settlement and\\nmaintenance of homeless paupers.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0059.jp2"}, "60": {"fulltext": "22 THE TOWNSHIP.\\nEvery town has its school committee. In 1647 the\\nlegislature of Massachusetts enacted a law with the\\nfollowing preamble It being one chief project of\\np^jjjig that old deluder, Satan, to keep men from\\nschools. ^jjg knowledge of the Scriptures, as in for-\\nmer times by keeping them in an unknown tongue, so\\nin these latter times by persuading from the use of\\ntongues, that so at least the true sense and meaning\\nof the original might be clouded and corrupted with\\nfalse glosses of deceivers to the end that learning\\nmay not be buried in the graves of our forefathers,\\nin church and commonwealth, the Lord assisting our\\nendeavours it was therefore ordered that every\\ntownship containing fifty families or householders\\nshould forthwith set up a school in which children\\nmight be taught to read and write, and that every\\ntownship containing one hundred families or house-\\nholders should set up a school in which boys might be\\nfitted for entering Harvard College. Even before this\\nstatute, several towns, as for instance Roxbury and\\nDedham, had begun to appropriate money for free\\nschools and these were the beginnings of a system\\nof public education which has come to be adopted\\nthroughout the United States.\\nThe school committee exercises powers of such a\\nSchool character as to make it a body of great im-\\ncoimnittees. portancc. The term of service of the mem-\\nbers is three years, one third being chosen annually.\\nThe number of members must therefore be some mul-\\ntiple of three. The slow change in the membership\\nof the board insures that a large proportion of the\\nmembers shall always be familiar with the duties of\\nthe place. The school committee must visit all the\\npublic schools at least once a month, and make a re-\\nport to the town every year. It is for them to decide", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0060.jp2"}, "61": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 23\\nwhat text-books are to be used. They examine can-\\ndidates for the position of teacher and issue certifi-\\ncates to those whom they select. The certificate is\\nissued in duplicate, and one copy is handed to the\\nselectmen as a warrant that the teacher is entitled to\\nreceive a salary. Teachers are appointed for a term\\nof one year, but where their work is satisfactory the\\nappointments are usually renewed year after year. A\\nrecent act in Massachusetts permits the appointment\\nof teachers to serve during good behaviour, but few\\nboards have as yet availed themselves of thi^ law. If\\nthe amount of work to be done seems to require it,\\nthe committee appoints a superintendent of schools.\\nHe is a sort of lieutenant of the school committee, and\\nunder its general direction carries on the detailed\\nwork of supervision.\\nOther town officers are the surveyors of highways,\\nwho are responsible for keeping the roads and bridges\\nin repair field drivers and pound-keepers fence-\\nviewers surveyors of lumber, measurers of wood,\\nand sealers of weights and measures.\\nThe field-driver takes stray animals to the pound,\\nand then notifies their owner or if he does\\n,1 1 ii 1 T Field-drivers\\nnot know wno is the owner he posts a de- andpound-\\nscription of the animals in some such place\\nas the village store or tavern, or has it published in\\nthe nearest country newspaper. Meanwhile the strays\\nare duly fed by the pound-keeper^ who does not let\\nthem out of his custody until all expenses have been\\npaid.\\nIf the owners of contiguous farms, gardens, or\\nfields get into a dispute about their partition fences\\nor walls, they may apply to one of the fence- pence-\\nviewers, of whom each town has at least\\ntwo. The fence-viewer decides the matter, and charges", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0061.jp2"}, "62": {"fulltext": "24 THE TOWNSHIP.\\na small fee for his services. Where it is necessary he\\nmay order suitable walls or fences to be built.\\nThe surveyors of lumber measure and mark lumber\\noffered for sale. The measurers of wood do the same\\noj.jjgr for firewood. The sealers test the correct-\\nofficers, j^ggg y\u00c2\u00a3 -^eights and measures used in trade,\\nand tradesmen are not allowed to use weights and\\nmeasures that have not been thus officially examined\\nand sealed. Measurers and sealers may be appointed\\nby the selectmen.\\nSuch are the officers always to be found in the Mas-\\nsachusetts town, except where the duties of some of\\nthem are discharged by the selectmen. Of these offi-\\ncers, the selectmen, town-clerk, treasurer, constable,\\nschool committee, and assessors must be elected by\\nballot at the annual town-meeting.\\nWhen this meeting is to be called the selectmen\\nissue a warrant for the purpose, specifying the time\\nand place of meeting and the nature of the business\\nto be transacted. The constable posts copies of the\\nwarrant in divers conspicuous places not less than a\\nweek before the time appointed. Then, after\\nCalling the 1 1 i i l\\ntown-meet- making a note upon the warrant that he has\\nduly served it, he hands it over to the town-\\nclerk. On the appointed day, when the people have\\nassembled, the town-clerk calls the meeting to order\\nand reads the warrant. The meeting then proceeds\\nto choose by ballot its presiding officer, or modera-\\ntor, and business goes on in accordance with parlia-\\nmentary customs pretty generally recognized among\\nall people who speak English.\\nAt this meeting the amount of money to be raised\\nby taxation for town purposes is determined. But, as\\nwe shall see, every inhabitant of a town lives not only\\nunder a town government, but also under a county", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0062.jp2"}, "63": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 25\\ngovernment and a state government, and all these gov-\\nernments have to be supported by taxation.\\nTown, coun-\\nin Massachusetts the state and the county ty, and\\nmake use of the machinery of the town\\ngovernment in order to assess and collect their taxes.\\nThe total amounts to be raised are equitably divided\\namong the several towns and cities, so that each town\\npays its proportionate share. Each year, therefore,\\nthe town assessors know that a certain amount of\\nmoney must be raised from the taxpayers of their\\ntown, partly for the town, partly for the countj\\npartly for the state, and for the general convenience\\nthey usually assess it upon the taxpayers all at once.\\nThe amounts raised for the state and county are usu-\\nally very much smaller than the amount raised for\\nthe town. As these amounts are all raised in the\\ntown and by town officers, we shall find it convenient\\nto sum up in this place what we have to say about the\\nway in which taxes are raised. Bear in mind that we\\nare still considering the New England system, and\\nour illustration is taken from the practice in Massa-\\nchusetts. But the general principles of taxation are\\nso similar in the different states that, although we\\nmay now and then have to point to differences of\\ndetail, we shall not need to go over the whole subject\\nagain. We have now to observe how and upon whom\\nthe taxes are assessed.\\nThey are assessed partly upon persons, but chiefly\\nupon property, and property is divisible into real\\nestate and personal estate. The tax assessed\\nnil 11 1 Poll-tax.\\nupon persons is called the poll-tax, and can-\\nnot exceed the sum of two dollars upon every male cit-\\nizen over twenty years old. In cases of extreme pov-\\nerty the assessors may remit the poll-tax.\\nAs to real estate, there are in every town some", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0063.jp2"}, "64": {"fulltext": "26 THE TOWNSHIP.\\nlands and buildings which, for reasons of public pol-\\nReoi-estate icj, are exempted from paying taxes as, for\\ntaxes. example, churches, graveyards, and tombs\\nmany charitable institutions, including universities\\nand colleges and public buildings which belong to\\nthe state or to the United States. All lands and\\nbuildings, except such as are exempt by law, must\\npay taxes.\\nPersonal property includes pretty much everything\\nthat one can own except lands and buildings, pretty\\nmuch everything that can be moved or car-\\npersonai ried about from one place to another. It\\nthus includes ready money, stocks and bonds,\\nships and wagons, furniture, pictures, and books. It\\nalso includes the amount of debts due to a person in\\nexcess of the amount that he owes also the income\\nfrom his employment, whether in the shape of profits\\nfrom business or a fixed salary.\\nSome personal property is exempted from taxation\\nas, for example, household furniture to the amount of\\n$1,000 in value, and income from employment to the\\nextent of $2,000. The obvious intent of this exemp-\\n^on is to prevent taxation from bearing too hard upon\\npersons of small means; and for a similar reason the\\ntools of farmers and mechanics are exempted.^\\nThe date at which property is annually reckoned\\nfor assessment is in Massachusetts the first day of\\nMay. The poll-tax is assessed upon each person in\\nthe town or city where he has his legal habitation on\\nthat day and as a general rule the taxes\\nWhen and i i\\nwhere taxes upou his personal property are assessed to\\nare assessed.\\nhim m the same place. But taxes upon\\nlands or buildings are assessed in the city or town\\nUnited States bonds are also especially exempted from tax-\\nation.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0064.jp2"}, "65": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 27\\nwhere they are situated, and to the person, wherever\\nhe lives, who is the owner of them on the first day o\u00c2\u00a3\\nMay. Thus a man who lives in the Berkshire moun-\\ntains, say for example in the town of Lanesborough,\\nwill pay his poll-tax to that town. For his personal\\nproperty, whether it be bonds of a railroad in Col-\\norado, or shares in a bank in New York, or costly\\npictures in his house at Lanesborough, he will like-\\nwise pay taxes to Lanesborough. So for the house in\\nwhich he lives, and the land upon which it stands, he\\npays taxes to that same town. But if he owns at the\\nsame time a house in Boston, he pays taxes for it to\\nBoston, and if he owns a block of shops in Chicago\\nhe pays taxes for the same to Chicago. It is very apt\\nto be the case that the rate of taxation is higher in\\nlarge cities than in villages and accordingly it often\\nhappens that wealthy inhabitants of cities, who own\\nhouses in some country town, move into them before\\nthe first of May, and otherwise comport themselves as\\nlegal residents of the country town, in order that their\\npersonal property may be assessed there rather than\\nin the city.\\nAbout the first of May the assessors call upon the\\ninhabitants of their town to render a true statement\\nas to their property. The most approved form is for\\nthe assessors to send by mail to each taxable inhabitant\\na printed list of questions, with blank spaces which\\nhe is to fill with written answers. The questions relate\\nto every kind of property, and when the\\nperson addressed returns the list to the as-\\nsessors he must make oath that to the best of his\\nknowledge and belief his answers are true. He thus\\nbecomes liable to the penalties for perjury if he can be\\nproved to have sworn falsely. A reasonable time\\nusually six or eight weeks is allowed for the list to", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0065.jp2"}, "66": {"fulltext": "28 THE TOWNSHIP.\\nbe returned to the assessors. If any one fails to\\nreturn his list by the specified time, the assessors must\\nmake their own estimate of the probable amount of\\nhis property. If their estimate is too high, he may\\npetition the assessors to have the error corrected, but\\nin many cases it may prove troublesome to effect this.\\nObserve here an important difference between the\\nimposition of taxes upon real estate and upon personal\\nproperty. Houses and lands cannot run away or be\\ntucked out of sight. Their value, too, is something\\nof which the assessors can veiy likely judge as well\\nas the owner. Deception is therefore ex-\\nthe govern- trcmcly difficult, and taxation for real estate\\nis pretty fairly distributed among the differ-\\nent owners. With regard to personal estate it is very\\ndifferent. It is comparatively easy to conceal one s\\nownership of some kinds of personal property, or to\\nunderstate one s income. Hence the temptation to\\nlessen the burden of the tax bill by making false\\nstatements is considerable, and doubtless a good deal\\nof deception is practised. There are many people\\nwho are too honest to cheat individuals, but still con-\\nsider it a venial sin to cheat the government.\\nAfter the assessors have obtained all their returns\\nthey can calculate the total value of the taxable prop-\\nerty in the town and knowing the amount of the tax\\nto be raised, it is easy to calculate the rate at which the\\nThe rate of to be asscsscd. In most parts of the\\ntaxation. United States a rate of one and a half per\\ncent, or $15 tax on each f 1,000 worth of property,\\nwould be regarded as moderate three per cent would\\nbe regarded as excessively high. At the lower of\\nthese rates a man worth $50,000 would pay $750 for\\nhis yearly taxes. The annual income of $50,000, in-\\nvested on good security, is hardly more than $2,500.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0066.jp2"}, "67": {"fulltext": "THE NEW ENGLAND TOWNSHIP. 29\\nObviously $750 is a large sum to subtract from such\\nan income.\\nIn point of fact, however, the tax is seldom quite as\\nheavy as this. It is not easy to tell exactly how much\\na man is worth, and accordingly assessors, not wish-\\ning to be too disagreeable in the discharge of their\\nduties, have naturally fallen into a way of giving the\\nlower valuation the benefit of the doubt, until in many\\nplaces a custom has grown up of regularly undervaiua-\\nundervaluing property for purposes of taxa-\\ntion. Very much as liquid measures have gradvially\\nshrunk until it takes five quart bottles to hold a gal-\\nIon, so there has been a shrinkage of valuations until\\nit has become common to tax a man for only three\\nfourths or perhaps two thirds of what his property is\\nworth in the market. This makes the rate higher, to\\nbe sure, but the individual taxpayer nevertheless\\nseems to feel relieved by it. Allowing for this under-\\nvaluation, we may say that a man worth $50,000 com-\\nmonly pays not less than $500 for his yearly taxes, or\\nabout one fifth of the annual income of the property.\\nWe thus begin to see what a heavy burden ^he burden\\ntaxes are, and how essential to good govern- taxation.\\nment it is that citizens should know what their money\\ngoes for, and should be able to exert some effective\\ncontrol over the public expenditures. Where the rate\\nof taxation in a town rises to a very high point, such\\nas two and, a half or three per cent, the prosperity of\\nthe town is apt to be seriously crippled. Traders and\\nmanufacturers move away to other towns, or those\\nwho would otherwise come to the town in question\\nstay away, because they cannot afford to use up all\\ntheir profits in paying taxes. If such a state of things\\nis long kept up, the spirit of enterprise is weakened,\\nthe place shows signs of untidiness and want of thrift,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0067.jp2"}, "68": {"fulltext": "30 THE TOWNSHIP.\\nand neighbouring towns, once perhaps far behind it\\nin growth, by and by shoot ahead of it and take away\\nits business.\\nWithin its proper sphere, government by town-\\nmeeting is the form of government most effectively\\nunder watch and control. Everything is done in the\\nfull daylight of publicity. The specific objects for\\nwhich public money is to be appropriated are dis-\\ncussed in the presence of everybody, and any one who\\ndisapproves of any of these objects, or of the way in\\nwhich it is proposed to obtain it, has an opportunity\\nto declare his opinions. Under this form of govern-\\nment people are not so liable to bewildering delusions\\nas under other forms. I refer especially to the delu-\\nsion that the Government is a sort of mysterious\\npower, possessed of a magic inexhaustible\\nfund deiu- fund of wcalth, and able to do all manner\\nof things for the benefit of the People.\\nSome such notion as this, more often implied than\\nexpressed, is very common, and it is inexpressibly dear\\nto demagogues. It is the prolific root from which\\nsprings that luxuriant crop of humbug upon which\\npolitical tricksters thrive as pigs fatten upon corn.\\nIn point of fact no such government, armed with a\\nmagic fund of its own, has ever existed upon the earth.\\nNo government has ever yet used any money for pub-\\nlic purposes which it did not first take from its own\\npeople, unless when it may have plundered it from\\nsome other people in victorious warfare.\\nThe inhabitant of a New England town is per-\\npetually reminded that the Government is the\\nPeople. Although he may think loosely about the\\ngovernment of his state or the still more remote gov-\\nernment at Washington, he is kept pretty close to\\nthe facts where local affairs are concerned, and in\\nthis there is a political training of no small value.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0068.jp2"}, "69": {"fulltext": "of the\\nmeet-\\nTHE NEW ENGLAND TOWNSHIP. 31\\nIn the kind of discussion which it provokes, in the\\nnecessity of facing argument with argument Educational\\nand of keeping one s temper under control, l^_\\nthe town-meeting is the best political train-\\ning school in existence. Its educational value is far\\nhigher than that of the newspaper, which, in spite of\\nits many merits as a diffuser of information, is very\\napt to do its best to beniuddle and sophisticate plain\\nfacts. The period when town-meetings were most im-\\nportant from the wide scope of their transactions was\\nthe period of earnest and sometimes stormy discussion\\nthat ushered in our Revolutionary war. Country\\ntowns were then of more imj)ortance relatively than\\nnow one country town Boston was at the same\\ntime a great political centre and its meetings were pre-\\nsided over and addressed by men of commanding abil-\\nity, among whom Samuel Adams, the man of the\\ntown-meeting, was foremost. In those days great\\nprinciples of government were discussed with a wealth\\nof knowledge and stated with masterly skill in town-\\nmeeting.\\nThe town-meeting is to a very limited extent a leg-\\nislative body it can make sundry regulations for the\\nmanagement of its local affairs. Such regulations are\\nknown by a very ancient name, by-laws.\\nBy is an Old Norse word meaning town,\\nand it appears in the names of such towns as Derby\\nand Whitby in the part of England overrun by the\\nDanes in the ninth and tenth centuries. Bylaws are\\ntown laws.2\\nThe phrase is Professor Hosmer s see his Samuel Adams,\\nthe Man of the Town Meetitig, hi Johns Hopkins Univ. Studies,\\nvol.11, no. iv.; also his Samuel Adams, in American States-\\nmen series, Boston, 1885.\\n2 In modern usage the rules and regulations of clubs, learned\\nsocieties, and other associations, are also called by-laws.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0069.jp2"}, "70": {"fulltext": "32 THE TOWNSHIP.\\nIn the selectmen and various special officers the\\ntown has an executive department and here let us\\nobserve that, while these officials are kept strictly ac-\\ncountable to the people, they are intrusted with very\\nconsiderable authority. Things are not so arranged\\nthat an officer can plead that he has failed\\nresponsibii- in his duty from lack of power. There is\\nample power, joined with complete responsi-\\nbility. This is especially to be noticed in the case of\\nthe selectmen. They must often be called upon to\\nexercise a wide discretion in what they do, yet this ex-\\ncites no serious popular distrust or jealousy. The an-\\nnual election affords an easy means of dropping an\\nunsatisfactory officer. But in practice nothing has\\nbeen more common than for the same persons to be\\nreelected as selectmen or constables or town-clerks for\\nyear after year, as long as they are able or willing to\\nserve. The notion that there is anything peculiarly\\nAmerican or democratic in what is known as rota-\\ntion in office is therefore not sustained by the prac-\\ntice of the New England town, which is the most com-\\nplete democracy in the world. It is the most perfect\\nexhibition of what President Lincoln called govern-\\nment of the people by the people and for the peo-\\nple.\\nQUESTIONS ON THE TEXT.\\n1. What reason exists for beginning the study of government\\nwith that of the New England township\\n2. Give the origin of the township in New England according\\nto the following analysis\\na. Settlement in groups.\\nb. The chief reason for coming to New England.\\nc. The leaders of the groups.\\nd. The favouring action of the Massachusetts government\\ne. Small farms.\\nf. Defence against the Indians.\\ng. The limits of a township.\\nh. The village within the township.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0070.jp2"}, "71": {"fulltext": "THE NEW ENGLAND TOWNSHIP 33\\n3. What was the social standing of the first settlers\\n4. What training had they received in self-government\\n5. Who do the governing in a New England township\\n6. Give an account of the town-meeting in accordance with the\\nfollowing analysis\\na. The name of the meeting.\\nb. The time for holding it.\\nc. The place for holding it.\\nd. The persons who take part in it.\\ne. The sort of business done in it.\\n7. Give an account of the selectmen\\na. Their number.\\nh. The reason for an odd number,\\nc. Their duties.\\n8. When public schools were established by Massachusetts in\\n1647, what reasons were assigned for the law\\n9. What classes or grades of schools were then established\\n10. What are the duties of the Massachusetts school committee\\n1 1. What is the term of service of teachers in that state\\n12. What are the duties of the following officers\\na. Field-drivers.\\nb. Pound-keepers.\\nc. Fence-viewers.\\nd. Surveyors of lumber.\\ne. Measurers of wood.\\nf. Sealers of weights and measures.\\n13. What are the duties of the following officers\\na. The town-clerk.\\nb. The treasurer.\\nc. Constables.\\nd. Assessors.\\ne. Overseers of the poor.\\n14. Describe a warrant for a town-meeting.\\n15. For what other purposes than those of the town are taxes\\nraised\\n16. Explain the following\\na. The poll-tax.\\nb. The tax on personal property.\\nc. The tax on real estate.\\n1 7. What kinds of real estate are exempted from taxation, and\\nwhy\\n18. What kinds of personal property are exempted, and why", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0071.jp2"}, "72": {"fulltext": "34 THE TOWNSHIP.\\n19. Where must tlie several kinds of taxes be assessed and\\npaid Illustrate.\\n20. If a person changes his residence from one town in the state\\nto another before May 1, what consequences about taxes\\nmight follow\\n21. How do the assessors ascertain the property for which one\\nshould be taxed\\n22. What difficulties beset the taxation of personal property\\n23. Mention a common practice in assigning values to property.\\nWhat is the effect on the tax-rate Illustrate.\\n24. How do high taxes operate as a burden\\n25. Describe a delusion from which people who directly govern\\nthemselves are practically free.\\n26. What is the educational value of the town-meeting\\n27. What are by-laws Explain the phrase.\\n28. What of the power and responsibility of selectmen\\n2. Origin of the Township.\\nIt was said above that government by town-meet-\\ning is in principle the oldest form of government\\nTown-meet- known in the world. The student of ancient\\nGreece and historj is familiar with the comitia of the\\nRome. Komans and the ecclesia of the Greeks.\\nThese were popular assemblies, held in those soft cli-\\nmates in the open air, usually in the market-place,\\nthe Roman forum, the Greek agora. The govern-\\nment carried on in them was a more or less qualified\\ndemocracy. In the palmy days of Athens it was a\\npure democracy. The assemblies which in the Athe-\\nnian market-place declared war against Syracuse, or\\ncondemned Socrates to death, were quite like New\\nEngland town-meetings, except that they exercised\\ngreater powers because there was no state government\\nabove them.\\nThe principle of the town-meeting, however, is\\nolder than Athens or Rome. Long before streets\\nwere built or fields fenced in, men wandered about the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0072.jp2"}, "73": {"fulltext": "ORIGIN OF THE TOWNSHIP. 36\\nearth hunting for food in family parties, somewhat as\\nlions do in South Africa. Such family groups were\\nwhat we call clans, and so far as is known\\nthey were the earliest form in which civil so-\\nciety appeared on the earth. Among all wandering\\nor partially settled tribes the clan is to be found, and\\nthere are ample opportunities for studying it among\\nour Indians in North America. The clan usually has\\na chief or head-man, useful mainly as a leader in war-\\ntime its civil government, crude and disorderly\\nenough, is in principle a pure democracy.\\nWhen our ancestors first became acquainted with\\nAmerican Indians, the most advanced tribes lived\\npartly by hunting and fishing, but partly also by rais-\\ning Indian corn and pumpkins. They had begun to\\nlive in wigwams grouped together in small villages\\nand surrounded by strong rows of palisades for de-\\nfence. Now what these red men were doing our own\\nfair-haired ancestors in northern and central Europe\\nhad been doing some twenty centuries earlier. The\\nScandinavians and Germans, when first known in his-\\ntory, had made considerable progress in exchanging a\\nwandering for a settled mode of life. When the clan,\\ninstead of moving from place to place, fixed upon\\nsome spot for a permanent residence, a village grew\\nup there, surrounded by a belt of waste land, or some-\\nwhat later by a stockaded wall. The belt of land was\\ncalled a marh, and the wall was called a\\ntun} Afterwards the inclosed space came to and the\\nbe known sometimes as the mark, sometimes\\nas the tun or town. In England the latter name pre-\\nvailed. The inhabitants of a mark or town were a\\nstationary clan. It was customary to call them by the\\nclan name, as for example the Beorings or the\\n1 Pronounced toon.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0073.jp2"}, "74": {"fulltext": "36 THE TOWNSHIP.\\nCressings then the town would be called Barring\\nton^ town of the Beorings, or Cressingham^ home\\nof the Cressings. Town names of this sort, with\\nwhich the map of England is thickly studded, point\\nus back to a time when the town was supposed to be\\nthe stationary home of a clan.\\nThe Old English town had its tungemot^ or town-\\nmeeting, in which by-laws were made and other\\nimportant business transacted. The principal officers\\nwere the reeve or head-man, the bea-\\nEngiish die or messenger, and the tithing-man\\nor petty constable. These officers seem at\\nfirst to have been elected by the people, but after a\\nwhile, as great lordships grew up, usurping jurisdic-\\ntion over the land, the lord s steward and bailiff came\\nto supersede the reeve and beadle. After the Norman\\nConquest the townships, thus brought under the sway\\nof great lords, came to be generally known by the\\nFrench name of manors or dwelling places. Much\\nmight be said about this change, but here it is enough\\nfor us to bear in mind that a manor was essentially\\na township in which the chief executive officers were\\ndirectly responsible to the lord rather than\\nThe manor. f t t i i i\\nto the people. It would be wrong, however,\\nto suppose that the manors entirely lost their self-\\ngovernment. Even the ancient town-meeting survived\\nin them, in a fragmentary way, in several interesting\\nassemblies, of which the most interesting were the\\ncourt leet^ for the election of certain officers and the\\ntrial of petty offences, and the court haron, which was\\nmuch like a town-meeting.\\nStill more of the old self-government would doubt-\\nless have survived in the institutions of the\\nThe parish. p -i i i j?\\nmanor if it had not been provided tor m\\nanother way. The jparish was older than the manor.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0074.jp2"}, "75": {"fulltext": "ORIGIN OF THE TOWNSHIP. 37\\nAfter the English had been converted to Christianity\\nlocal churches were gradually set up all over the coun-\\ntry, and districts called parishes were assigned for the\\nministrations of the priests. Now a parish generally\\ncoincided in area with a township, or sometimes with\\na group of two or three townships. In the old heathen\\ntimes each town seems to have had its sacred place or\\nshrine consecrated to some local deity, and it was a\\nfavourite policy with the Roman missionary priests\\nto purify the old shrine and turn it into a church. In\\nthis way the township at the same time naturally be-\\ncame the parish.\\nAs we find it in later times, both before and since\\nthe founding of English colonies in North America,\\nthe township in Eno^land is likely to be both\\nJ Township,\\na manor and a parish, h or some purposes manor, and\\nit is the one, for some purposes it is the\\nother. The townsfolk may be regarded as a group of\\ntenants of the lord s manor, or as a group of parish-\\nioners of the local church. In the latter aspect the\\nparish retained much of the self-government of the\\nancient town. The business with which the lord was\\nentitled to meddle was strictly limited, and all other\\nbusiness was transacted in the vestry-meeting,\\nwhich was practically the old town-meeting -r^e vestry-\\nunder a new name. In the course of the ^^^^^s-\\nthirteenth century we find that the parish had acquired\\nthe right of taxing itself for church purposes. Money\\nneeded for the church was supplied in the form of\\nchurch-rates voted by the ratepayers themselves in\\nthe vestry-meeting, so called because it was originally\\nheld in a room of the church in which vestments were\\nkept.\\nThe officers of the parish were the constable, the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0075.jp2"}, "76": {"fulltext": "38 THE TOWNSHIP.\\nparish and vestry clerks,^ the beadle,^ the way war-\\nParish offl- surveyors of highways, the hay-\\ncera. wards Or fence-viewers, the common\\ndrivers, the collectors of taxes, and at the beginning\\nof the seventeenth century overseers of the poor were\\nadded. There were also churchwardens, usually two\\nfor each parish. Their duties were primarily to take\\ncare of the church property, assess the rates, and call\\nthe vestry-meetings. They also acted as overseers of\\nthe poor, and thus in several ways remind one of the\\nselectmen of New England. The parish officers were\\nall elected by the ratepayers assembled in vestry-\\nmeeting, except the common driver and hayward, who\\nwere elected by the same ratepayers assembled in\\ncourt leet. Besides electing parish officers and grant-\\ning the rates, the vestry-meeting could enact by-laws\\nand all ratepayers had an equal voice in its deliber-\\nations.\\nDuring the last two centuries the constitution of\\nthe English parish has undergone some modifications\\nwhich need not here concern us. The Puritans who\\nsettled in New England had grown up under such\\nparish government as is here described, and\\nThe transi- i i i i n i\\ntion from thcv wcrc uscd to hearing the parish cailed-\\nEnglandto n p\\nNew Eng- on some occasions and tor some purposes, ar\\ntownship. If we remember now that the\\nearliest New England towns were founded by church\\ncongregations, led by their pastors, we can see how\\nOf these two officers the vestry clerk is the counterpart of\\nthe New England town-clerk.\\n2 Originally a messenger or crier, the beadle came to assume\\nsome of the functions of the tithing-man or petty constable,\\nsuch as keeping order in church, .punishing petty offenders, wait-\\ning on the clergyman, etc. In New England towns there were\\nformerly officers called tithing-meii, who kept order in church,\\narrested tipplers, loafers, and Sabbath-breakers, etc.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0076.jp2"}, "77": {"fulltext": "ORIGIN OF THE TOWNSHIP. 39\\ntown government in New England originated. It was\\nsimply the English parish government brought into a\\nnew country and adapted to the new situation. Part\\nof this new situation consisted in the fact that the\\nlords of the manor were left behind. There was no\\nlonger any occasion to distinguish between the town-\\nship as a manor and the township as a parish and so,\\nas the three names had all lived on together, side by\\nside, in England, it was now the oldest and most gen-\\nerally descriptive name, township, that survived,\\nand has come into use 1!hroughout a great part of the\\nUnited States. The townsfolk went on making by-\\nlaws, voting supplies of public money, and electing\\ntheir magistrates in America, after the fashion with\\nwhich they had for ages been familiar in England.\\nSome of their offices and customs were of hoary an-\\ntiquity. If age gives respectability, the office of con-\\nstable may vie with that of king and if the annual\\ntown-meeting is usually held in the month of March,\\nit is because in days of old, long before Magna Cliarta\\nwas thought of, the rules and regulations for the vil-\\nlage husbandry were discussed and adopted in time\\nfor the spring planting.\\nTo complete our sketch of the origin of the New\\nEngland town, one point should here be briefly men-\\ntioned in anticipation of what will have to be said\\nhereafter; but it is a point of so much importance\\nthat we need not mind a little repetition in stating it.\\nWe have seen what a great part taxation plays in\\nthe business of government, and we shall presently\\nhave to treat of county, state, and federal Bunding up\\ngovernments, all of them wider in their\\nsphere than the town government. In the course of\\nhistory, as nations have gradually been built up, these\\nwider governments have been apt to absorb or sup-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0077.jp2"}, "78": {"fulltext": "40 THE TOWNSHIP.\\nplant and crush the narrower governments, such as\\nthe parish or township and this process has too often\\nbeen destructive to political freedom. Such a result\\nis, of course, disastrous to everybody and if it were\\nunavoidable, it would be better that great national\\ngovernments need never be formed. But it is not un-\\navoidable. There is one way of escaping it, and that\\nis to give the little government of the town some real\\nshare in making up the great government of the state.\\nThat is not an easy thing to do, as is shown by the\\nfact that most peoples have failed in the attempt. The\\npeople who speak the English language have been the\\nmost successful, and the device by which they have\\nRepresenta- overcome the difficulty is Representation.\\nThe town sends to the wider government a\\ndelegation of persons who can represent the town and\\nits people. They can speak for the town, and have a\\nvoice in the framing of laws and imposition of taxes\\nby the wider government.\\nIn English townships there has been from time\\nimmemorial a system of representation. Long before\\nAlfred s time there were shire-motes, or\\nShire-motes.\\nwhat were afterwards called county meet-\\nings, and to these each town sent its reeve and four\\ndiscreet men as o^e^jresentatlves. Thus to a certain\\nextent the wishes of the townsfolk could be brought\\nto bear upon county affairs. By and by this method\\nwas applied on a much wider scale. It was applied to\\nthe whole kingdom, so that the people of all its towns\\nand parishes succeeded in securing a representation of\\ntheir interests in an elective national council or House\\nof Commons. This great work was accomplished in\\nEarl Simon s ^hc thirteenth century by Simon de Mont-\\nPariiament. f^^.^^ q\u00c2\u00a3 Leicester, and was completed\\nby Edward I. Simon s parliament, the first in which", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0078.jp2"}, "79": {"fulltext": "ORIGIN OF THE TOWNSHIP. 41\\nthe Commons were fully represented, was assembled\\nin 1265 and the date of Edward s parliament, which\\nhas been called the Model Parliament, was 1295.\\nThese dates have as much interest for Americans as\\nfor Englishmen, because they mark the first definite\\nestablishment of that grand system of representative\\ngovernment which we are still carrying on at our vari-\\nous state capitals and at Washington. For its humble\\nbeginnings we have to look back to the reeve and\\nfour sent by the ancient townships to the county\\nmeetings.\\nThe English township or parish was thus at an early\\nperiod the unit of representation in the govern-\\nment of the county. It was also a district for the as-\\nsessment and collection of the national taxes\\nTownship as\\nm each parish the assessment was made by unit of rep-\\nresentation.\\na board oi assessors chosen by popular vote.\\nThese essential points reappear in the early history\\nof New England. The township was not only a self-\\ngoverning body, but it was the unit of representa-\\ntion in the colonial legislature, or General Court\\nand the assessment of taxes, whether for town pur-\\nposes or for state purposes, was made by assessors\\nelected by the townsfolk. In its beginnings and fun-\\ndamentals our political Hberty did not originate upon\\nAmerican soil, but was brought hither by our fore-\\nfathers the first settlers. They brought their political\\ninstitutions with them as naturally as they brought\\ntheir language and their social customs.\\nObserve now that the township is to be regarded in\\ntwo lights. It must be considered not only in itself,\\nbut as part of a greater whole. We began by de-\\nscribing it as a self-governing body, but in order to\\ncomplete our sketch we were obliged to speak of it as\\na body which has a share in the government of the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0079.jp2"}, "80": {"fulltext": "42 THE TOWNSHIP.\\nstate and tlie nation. The latter aspect is as impor-\\ntant as the former. If the people of a town had only\\nthe power of managing their local affairs, without the\\npower of taking part in the management of national\\naffairs, their political freedom would be far from com-\\nplete. In Russia, for example, the larger part of the\\nvast population is resident in village communities which\\nhave to a considerable extent the power of managing\\ntheir local affairs. Such a village community is called\\na mir, and like the English township it is\\nTlie HussiEn ox\\nviuage com- lineally descended from the stationary clan.\\nmunity not rr\\\\ -r-\u00c2\u00ab\\nrepresented The pcople of the Russiau mir hold meetings\\nin the na- r\\ntionai gov- in which tucy elect sundry local officers, dis-\\nernment. ,_\\ntribute the burden of local taxation, make\\nregulations concerning local husbandry and police,\\nand transact other business which need not here con-\\ncern us. But they have no share in the national\\ngovernment, and are obliged to obey laws which they\\nhave no voice in making, and pay taxes assessed upon\\nthem without their consent and accordingly we say\\nwith truth that the Russian people do not possess\\npolitical freedom. One reason for this has doubtless\\nbeen that in times past the Russian territory was the\\ngreat frontier battle-ground between civilized Europe\\nand the wild hordes of western Asia, and the people\\nwho lived for ages on that turbulent frontier were\\nsubjected to altogether too much conquest. They\\nhave tasted too little of civil government and too much\\nof military government, a pennyworth of whole-\\nsome bread to an intolerable deal of sack. The early\\nEnglish, in their snug little corner of the world,\\nbelted by salt sea, were able to develop their civil\\ngovernment with less destructive interference. They\\nmade a sound and healthful beginning when they made\\nthe township the unit of representation for the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0080.jp2"}, "81": {"fulltext": "ORIGIN OF THE TOWNSHIP. 43\\ncounty. Then tlie township, besides managing its\\nown affairs, began to take part in the management of\\nwider affairs.\\nQUESTIONS ON THE TEXT.\\n1 Show that the principle of government by town meeting\\nwas known\\na. In ancient Greece and Rome.\\nb. Earlier still in primitive society\\nc. Among the American Indians.\\nd. Among the old Scandinavians and Germans.\\n2. Distinguish between the mark and the tun. Illustrate the\\nEnglish use of the latter name.\\n3. Give an account of the following\\na. The English township and its officers before the Conquest.\\nh. The changes due to the Conquest.\\nc. The survival of self-government in the manor.\\nd. The parish and its relation to the township.\\n4. Contrast the township as a manor with the township as a par-\\nish in respect to government.\\n5. Describe the parish government under the following heads\\na. The vestry-meeting.\\n6. Taxation.\\nc. The officers of the parish.\\nd. The persons entitled to vote.\\n6. Show how town government in New England grew out of\\nparish government in Old England. What features were\\nretained and what were given up\\n7. Show the antiquity of some details of town government.\\n8. What is the object of representation\\n9. What were the shire-motes of Alfred s time\\n10. What was the origin of the English House of Commons\\n1 r Why should Americans be interested in this English body\\n12. What essential points of the English township reappear in\\nNew England\\n1 3 In what two aspects must the township now be regarded\\n14. Show how in Russia the township presents one of these as-\\npects but lacks the other.\\n15. What political result follows from the lack of representation\\nin the Russian township\\n16. Mention one probable reason why England succeeded where\\nRussia failed", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0081.jp2"}, "82": {"fulltext": "44 THE TOWNSHIP.\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\n1. Obtain the following documents\\na. A town warrant.\\nh. A town report.\\nc. A tax bill, a permit, a certificate, or any town paper tl^t\\nhas or may have an official signature.\\nd. A report of the school committee.\\nIf you live in a city, send to the clerk of a neighbouring\\ntown for a warrant, inclosing a stamp for the reply. City\\ndocuments will answer most of the purposes of this exer-\\ncise.\\nMake any of the foregoing documents the basis of a report.\\n2. Give an account of the following\\na. The various kinds of taxes raised iu your town, the amount\\nof each kind, the valuation, the rate, the proposed use\\nof the money, etc.\\nh. The work of any department of the town government for\\na year, as, for example, that of the overseers of the\\npoor,\\nc. Any pressing need of your town, public sentiment towards\\nit, the probable cost of satisfying it, the obstacles in\\nthe way of meeting it, etc.\\n3. A good way to arouse interest in the subject of town gov-\\nernment is to organize the class as a town-meeting, and\\nlet it discuss live local questions iu accordance with arti-\\ncles in a warrant. For helpful details attend a town-\\nmeeting, read the record of some meeting, consult some\\nperson familiar with town proceedings, or study the Gen-\\neral Statutes.\\nTo insure a discussion, it may be necessary at the outset for\\nthe teacher to assign to the several pupils single points to\\nbe expanded and presented in order.\\nThere is an advantage in the teacher s serving as moderator.\\nHe may, as teacher, pause to give such directions and\\nexplanations as may be helpful to young citizens.\\nThe pupils should be held up to the more obvious require-\\nments of parliamentary law, and shown how to use its\\nrules to accomplish various purposes.\\n4. Has the state a right to direct the education of its youth\\nIf the state has such a right, are there any limits to the\\nexercise of it Does the right to direct the education oi", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0082.jp2"}, "83": {"fulltext": "ORIGIN OF THE TOWNSHIP. 45\\nits youth carry with it the right to aholish private\\nschools\\n5. Is it wise to assist private educational institutions with pub-\\nlic funds\\n6. Ought teachers, if approved, to be appointed for one year\\nonly, or during good behaviour\\n7. What classes of officers in a town should serve during good\\nbehaviour What classes may be frequently changed\\nwithout injury to the public\\n8. Compare the school committee in your own state (if it is not\\nMassachusetts) with that in Massachusetts.\\n9. Illustrate from personal knowledge the difference between\\nreal estate and personal property.\\n10. A loans B $1000. May A be taxed for the $1000 Why\\nMay B be taxed for the $1000 Why Is it right to\\ntax both for $1000 Suppose B with the money buys\\ngoods of C. Is it right to tax the three for $1000\\neach\\n1 1 A taxpayer worth $100,000 in personal property makes no\\nreturn to the assessors. In their ignorance the assessors\\ntax him for $50,000 only, and the tax is paid without\\nquestion. Does the taxpayer act honourably\\n12. What difficulties beset the work of the assessors\\n13. Would anything be gained by exempting personal property\\nfrom taxation If so, what Would anything be lost\\nIf so, what\\n1 4. Does any one absolutely escape taxation\\n15. Does the poll-tax payer pay, in any sense, more than his poll-\\ntax\\n1 6. Are there any taxes that people pay without seeming to know\\nit If so, what (See below, chap. viii. 8.).\\n17. Have we clans to-day among ourselves? (Think of family\\nreunions, people of the same name in a community, de-\\nscendants of early settlers, etc.). What important dif-\\nferences exist between these modern so-called clans and\\nthe ancient ones\\n1 8. What is a clannish spirit Is it a good spirit or a bad\\none Is it ever the same as patriotism\\n19. Look up the meaning of ham, ivick, and stead. Think of\\ntowns whose names contain these words also of towns\\nwhose names contain the word tun or ton or town.\\n2a Give an account of the tithing-man in early New England.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0083.jp2"}, "84": {"fulltext": "46 THE TOWNSHIP.\\n2 In what sense is the word parish commonly used in the\\nUnited States Is the parish the same as the church\\nHas it any limits of territory\\n22. In Massachusetts, clergymen were formerly paid out of the\\ntaxes of the township. How did this come about In\\nthis practice was there a union or a separation of church\\nand state\\n23. Ministers are not now supported by taxation in the United\\nStates. What important change in the parish idea does\\nthis fact indicate Is it a change for the better\\n24. Are women who do not vote represented in town govern-\\nment\\n25. Are boys and girls represented in town government\\n26. Is there anybody in a town who is not represented in its gov-\\nernment\\n27. How are citizens of a town represented in state govern-\\nment\\n28. How are citizens of a town represented in the national gov-\\nernment\\n29. Imagine a situation in which the ballot of a single voter in\\na town might affect the action of the national govern-\\nment.\\nBIBLIOGRAPHICAL NOTE.\\n1. The New England Township. There is a good ac-\\ncount in Martin s Text Book on Civil Government in the United\\nStates. N. Y. Chicago, 1875.\\n2. Origin of the Township. Here the JoTms Hopkins\\nUniversity Studies in Historical and Political Science, edited by\\nDr. Herbert Adams, are of great value. Note especially series\\nI. no. i. E. A. Freeman, Introduction to American Institutional\\nHistory I., ii. iv. viii. ix.-x. H. B. Adams, The Germanic Origin\\nof Neio England Towns, Saxon Tithing-Men in America, Norman\\nConstables in America, Village Communities of Cape Ami and Sa-\\nlem J II., X. Edward Channing, Toion and County Govermnent in\\nthe English, Colonies of North America IV., xi.-xii. Melville\\nEgleston, The Land System of the New England Colonies VII.,\\nvii.-ix. C. M. Andrews. The River Towns of Connecticut.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0084.jp2"}, "85": {"fulltext": "ORIGIN OF THE TOWNSHIP. 47\\nSee also Howard s Local Constitutional History of the United\\nStates, vol. i. Township, Hundred, and Shire, Baltimore,\\n1889, a work of extraordinary merit.\\nThe great book on local self-government in England is Toul-\\nmin Smith s The Parish, 2d ed., London, 1859. For the an-\\ncient history of the township, see Gomme s Primitive Folk-Moots,\\nLondon, 1880 Gomme s Village Community, London, 1890\\nSeebohm s English Village Community, London, 1883 Nasse s\\nAgricultural Community of the Middle Ages, London, 1872 La-\\nveleye s Primitive Property, London, 1878; Phear s Aryan Village\\nin India and Ceylon, London, 1880; Hearu (of the University of\\nMelbourne, Australia), The Aryan Household, London Mel-\\nbourne, 1879 and the following works of Sir Henry Maine\\nAncient Law, London, 1861; Village Communities in the East and\\nWest, London, 1871; Early History of Institutions, hondon, 1875;\\nEarly Law and Custom, London, 1883. All of Maine s works\\nare republished in New York. See also my American Political\\nIdeas, N. Y., 1885.\\nGomme s Literature of Local Institutions, London, 1886, con-\\ntains an extensive bibliography of the subject, with valuable crit-\\nical notes and comments.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0085.jp2"}, "86": {"fulltext": "CHAPTER III.\\nTHE COUNTY.\\n1. The County in its Beginnings,\\nIt is now time for us to treat of the county, and we\\nmay as well begin by considering its origin. In treat-\\ning of the township we began by sketching it in its\\nfullest development, as seen in New England. With\\nthe county we shall find it helpful to pursue a differ-\\nent method and start at the beginning.\\nIf we look at the maps of the states which make up\\nour Union, we see that they are all divided into coun-\\nties (except that in Louisiana the corresponding divi-\\nsions are named parishes). The map of England\\nshows that country as similarly divided into coun-\\nties.\\nIf we ask why this is so, some people will tell us\\nthat it is convenient, for purposes of admin-\\nWhy do 1 1 T\\nwe have istratiou, to havc a state, or a kingdom, di-\\nvided into areas that are larger than single\\ntowns. There is much truth in this. It is convenient.\\nIf it were not so, counties would not have survived, so\\nas to make a part of our modern maps. Neverthe-\\nless, this is not the historic reason why we have the\\nparticular kind of subdivisions known as counties.\\nWe have them because our fathers and grandfathers\\nhad them and thus, if we would find out the true\\nreason, we may as well go back to the ancient times", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0086.jp2"}, "87": {"fulltext": "THE COUNTY IN ITS BEGINNINGS. 49\\nwhen our forefathers were establishing themselves in\\nEngland.\\nWe have seen how the clan of our barbarous ances-\\ntors, when it became stationary, was established as the\\ntown or township. But in those early times da7is were\\ngenerally united more or less closely into tribes.\\nAmong all primitive or barbarous races of men, so far\\nas we can make out, society is organized in ^g^^g\\ntribes, and each tribe is made up of a num-\\nber of clans or family groups. Now when our Eng-\\nlish forefathers conquered Britain they settled there as\\nclans and also as tribes. The clans became townships,\\nand the tribes became shires or counties that is to\\nsay, the names were applied first to the people and\\nafterwards to the land they occupied. A few of the\\noldest county names in England still show this plainly.\\nEssex, Middlesex, and Sussex were originally East\\nSaxons, Middle Saxons, and South Saxons\\nand on the eastern coast two tribes of Angles were\\ndistinguished as North folk and South folk, or\\nNorfolh and Suffolh. When you look on the map\\nand see the town of IcMingham in the county of Suf-\\nfolh, it means that this place was once known as the\\nhome of the Icklings or children of Ickel, a\\nclan which formed part of the tribe of South folk.\\nIn those days there was no such thing as a King-\\ndom of England there were only these\\ngroups of tribes living; side by side. Each nation, like\\nthe Ameri-\\ntribe had its leader, whose title was ealdor- can, grew\\n1 //IT i? A 1 O of the\\nman,^ or elder man. After a while, as union of\\nsome tribes increased in size and power,\\ntheir ealdormen took the title of kings. The little kiiig-\\ndoms coincided sometimes with a single shire, some-\\n1 The pronunciation was probably Something like yawl-dor", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0087.jp2"}, "88": {"fulltext": "50 THE COUNTY.\\ntimes with two or more shires. Thus there was a king-\\ndom of Kent, and the North and South Folk were\\ncombined in a kingdom of East Anglia. In course of\\ntime numbers of shires combined into larger king-\\ndoms, such as Northumbria, Mercia, and the West\\nSaxons and finally the king of the West Saxons\\nbecame king of all England, and the several shires\\nbecame subordinate parts or shares of the kingdom.\\nIn England, therefore, the shires are older than the\\nnation. The shires were not made by dividing the\\nnation, but the nation was made by uniting the shires.\\nThe English nation, like the American, grew out of\\nthe union of little states that had once been independ-\\nent of one another, but had many interests in com-\\nmon. For not less than three hundred years after all\\nEngland had been united under one king, these shires\\nretained their self-government almost as completely as\\nthe several states of the American Union.^ A few\\nwords about their government will not be wasted, for\\nthey will help to throw light upon some things that\\nstill form a part of our political and social life.\\nThe shire was governed by the shire-jnote (i. e.\\nmeetine- which was a representative\\nShire-mote, t\\neaJdorman, bodv. Lords of lauds, includiuo^ abbots and\\nand sherife. i n\\npriors, attended it, as well as the reeve and\\nfour selected men from each township. There were\\nthus the germs of both the kind of representation that\\nis seen in the House of Lords and the much more per-\\nfect kind that is seen in the House of Commons. Af-\\nter a while, as cities and boroughs grew in imj)ortance,\\nthey sent representative burghers to the shire-mote.\\nThere were two presiding officers one was the ealdor-\\nman, who was now appointed by the king the other\\nwas the shire-reeve (i. e. sheriff who was still\\nelected by the people and generally held office for life.\\nChalmers, Local Government, p. 90.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0088.jp2"}, "89": {"fulltext": "THE COUNTY IN ITS BEGINNINGS. 51\\nThis shire-mote was both a legislative body and a\\ncourt of justice. It not only made laws for the shire,\\nbut it tried civil and criminal causes. After the Nor-\\nman Conquest some changes occurred. The shire now\\nbegan to be called by the French name county,\\nbecause of its analogy to the small pieces of territory\\non the Continent that were governed by counts.\\nThe shire-mote became known as the county ^ije county\\ncourt, but cases coming before it were tried\\nby the king s justices in eyre, or circuit judges, who\\nwent about from county to county to preside over\\nthe judicial work. The office of ealdorman became\\nextinct. The sheriff was no longer elected by the\\npeople for life, but appointed by the king for the term\\nof one year. This kept him strictly responsible to\\nthe king. It was the sheriff s duty to see that the\\ncounty s share of the national taxes was duly col-\\nlected and paid over to the national treasury. The\\nsheriff also summoned juries and enforced the judg-\\nments of the courts, and if he met with resistance in\\nso doing he was authorized to call out a force of men,\\nknown as the posse comitatus (i. e. power of the\\ncounty and overcome all opposition. Another county\\nofficer was the coroner, or crowner^ so\\ncalled because originally (in Alfred s time)\\nhe was appointed by the king, and was especially the\\ncrown officer in the county. Since the time of Ed-\\nward I., however, coroners have been elected by the\\npeople. Originally coroners held small courts of in-\\nquiry upon cases of wreckage, destructive fires, or\\nsudden death, but in course of time their jurisdiction\\nbecame confined to the last-named class of cases. If\\nOriginally comites, or companions of the king.\\nThis form of the word, sometimes supposed to be a vulgar-\\nism, is as correct as the other. See Skeat, Etym. Diet., s. v.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0089.jp2"}, "90": {"fulltext": "52 THE COUNTY.\\na death occurred under circumstances in any way mys\u00c2\u00ab\\nterious or likely to awaken suspicion, it was the business\\nof the coroner, assisted by not less than twelve jurors\\n(i. e. sworn men to hold an inquest for the pur-\\npose of ascertaining the cause of death. The coroner\\ncould compel the attendance of witnesses and order a\\nmedical examination of the body, and if there were\\nsufficient evidence to charge any person with murder\\nor manslaughter, the coroner could have such person\\narrested and committed for trial.\\nAnother important county officer was the justice of\\nJustices of peace. Originally six were appointed by\\nthe peace. crown in cach county, but in later times\\nany number might be appointed. The office was\\ncreated by a series of statutes in the reign of Edward\\nIII., in order to put a stop to the brigandage which\\nstill flourished in England it was a common practice\\nfor robbers to seize persons and hold them for ransom.^\\nBy the last of these statutes, in 1362, the justices of\\nthe peace in each county were to hold a court four\\ntimes in the year. The powers of this court, which\\ncame to be known as the Quarter Sessions, were from\\ntime to time increased by act of parliament, until it quite\\nThe Quarter Supplanted the old county court. In modern\\nSessions. timcs the Quarter Sessions has become an\\nadministrative body quite as much as a court. The\\njustices, who receive no salary, hold office for life, or\\nduring good behaviour. They appoint the chief con-\\nstable of the county, who appoints the police. They\\nalso take part in the supervision of highways and\\nbridges, asylums and prisons. Since the reign of\\nHenry VIII., the English county has had an officer\\nThe lord- kuowu as the lord-lieutenant, who was once\\nlieutenant, leader of the county militia, but whose func-\\n1 Longman s Life and Times of Edward III., vol. i. p. 301.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0090.jp2"}, "91": {"fulltext": "THE COUNTY IN ITS BEGINNINGS. 53\\ntions to-day are those of keeper of the records and\\nprincipal justice of the peace.\\nDuring the past five hundred years the English\\ncounty has gradually sunk from a self-governing com-\\nmunity into an administrative district and in recent\\ntimes its boundaries have been so crossed and cris-\\ncrossed with those of other administrative areas, such\\nas those of school-boards, sanitary boards, etc., that\\nvery little of the old county is left in recognizable\\nshape. Most of this change has been effected since\\nthe Tudor period. The first English settlers in Amer-\\nica were familiar with the county as a district for the\\nadministration of justice, and they brought Beginnings\\nwith them coroners, sheriffs, and quarter chu^ettsT\\nsessions. In 1635 the General Court of Mas-\\nsachusetts appointed four towns Boston, Cam-\\nbridge, Salem, and Ipswich as places where courts\\nshould be held quarterly. In 1643 the colony, which\\nthen included as much of New Hampshire as was set-\\ntled, was divided into four shires, Suffolk, Essex,\\nMiddlesex, and Norfolk, the latter lying then to the\\nnorthward and including the New Hampshire towns.\\nThe militia was then organized, perhaps without con-\\nsciousness of the analogy, after a very old English\\nfashion the militia of each town formed a company,\\nand the companies of the shire formed a regiment.\\nThe county was organized from the beginning as a\\njudicial district, with its court-house, jail, and sheriff.\\nAfter 1697 the coui-t, held by the justices of the peace,\\nwas called the Court of General Sessions. It could\\ntry criminal causes not involving the penalty of death\\nor banishment, and civil causes in which the value at\\nstake was less than forty shillings. It also had con-\\ntrol over highways going from town to town and it\\napportioned the county taxes among the several towns.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0091.jp2"}, "92": {"fulltext": "54 THE COUNTY.\\nThe justices and sheriff were appointed .by the gov-\\nernor, as in England by the king.\\nQUESTIONS ON THE TEXT.\\n1. Why do we have counties in the United States Contrast\\nthe popular reason with the historic.\\n2. What relation did the tribe hold to the clan among our an-\\ncestors\\n3. In time what did the clans and the tribes severally become\\n4. Show how old county names in England throw light on the\\ncounty development.\\n5. Trace the growth of the English nation in accordance with\\nthe following outline\\na. Each tribe and its leader.\\nh. A powerful tribe and its leader.\\nc. The relation of a little kingdom to the shire.\\nd. The final union under one king.\\ne. The relative ages of the shire and the nation.\\n6. Give an account (1) of the shire-mote, (2) of the two kinds\\nof representation in it, (3) of its presiding officers, and\\n(4) of its two kinds of duties.\\n7. Let the pupil make written analyses or outlines of the fol-\\nlowing topics, to be used by him in presenting the topics\\norally, or to be passed in to the teacher\\na. What changes took place in the government of the shire\\nafter the Norman Conquest\\nh. Trace the development of the coroner s office.\\nc. Give an account of the justices of the peace and the courts\\nheld by them.\\nd. Show what applications the English settlers in Massachu-\\nsetts made of their knowledge of the English county.\\n2. Tlie Modern County in Massachusetts.\\nThe modern county system of Massachusetts may\\nnow be very briefly described. The county, like the\\ntown, is a corporation it can hold property and sue or\\nbe sued. It builds the court-house and jail, and keeps\\nthem in repair. The town in which these buildings\\nare placed is called, as in England, the shire town.\\nIn each county there are three commissioners,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0092.jp2"}, "93": {"fulltext": "com-\\nmissioners.\\nMODERN COUNTY IN MASSACHUSETTS. 55\\nelected by the people. Their term o\u00c2\u00a3 service is three\\nyears, and one goes out each year. These commis-\\nsioners represent the county in law-suits, as the select-\\nmen represent the town. They apportion the county\\ncounty taxes among the towns lay out,\\nalter, and discontinue highways within the county\\nhave charge of houses of correction; and erect\\nand keep in repair the county buildings.^\\nThe revenues of the county are derived partly from\\ntaxation and partly from the payment of fines and\\ncosts in the courts. These revenues are re- county\\nceived and disbursed by the county treasurer,\\nwho is elected by the people for a term of three years.\\nThe Superior Court of the state holds at least two\\nsessions annually in each county, and tries civil and\\ncriminal causes. There is also in each county a pro-\\nbate court with jurisdiction over all matters\\nrelating to wills, administration of estates,\\nand appointment of guardians it also acts as a court\\nof insolvency. The custody of wills and documents\\nrelating to the business of this court is in the hands\\nof an officer known as the register of probate, who is\\nelected by the people for a term of five years.\\nTo preserve the records of all land-titles and trans-\\nfers of land within the county, all deeds and mort-\\ngages are registered in an office in the shire\\n1, Shire town\\ntown, usually within or attached to the court- and court-\\nhouse. The register of deeds is an officer\\nelected by the people for a term of three years. In\\ncounties where there is much business there may be\\nmore than one.\\nJustices of the peace are appointed by the governor\\nfor a term of seven years, and the appoint- justices of\\nment may be renewed. Their functions have p\u00c2\u00ae*\\nMartin s Civil Government, p. 197.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0093.jp2"}, "94": {"fulltext": "56 THE COUNTY.\\nbeen greatly curtailed, and now amount to little more\\nthan administering oaths, and in some cases issuing\\nwarrants and taking bail. They may join persons in\\nmarriage, and, when specially commissioned as trial\\njustices, have criminal jurisdiction over sundry petty\\noffences.\\nThe sheriff is elected by the people for a term of\\nthree years. He may appoint deputies, for whom he\\nis responsible, to assist him in his work. He must\\nattend all county courts, and the meetings of the\\ncounty commissioners whenever required.\\nThe sheriff.\\nHe must inflict, either personally or by dep-\\nuty, the sentence of the court, whether it be fine, im-\\nprisonment, or death. He is responsible for the preser-\\nvation of the peace within the countj and to this end\\nmust pursue criminals and may arrest disorderly per-\\nsons. If he meets with resistance he may call out\\nthe posse comitatus if the resistance grows into\\ninsurrection he may apply to the governor and obtain\\nthe aid of the state militia if the insurrection proves\\ntoo formidable to be thus dealt with, the governor\\nmay in his behalf apply to the president of the United\\nStates for aid from the regular army. In this way\\nthe force that may be drawn upon, if necessary, for\\nthe suppression of disorder in a single locality, is\\npractically unlimited and irresistible.\\nWe have now obtained a clear outline view of the\\ntownship and county in themselves and in their rela-\\ntion to one another, with an occasional glimpse of their\\nrelation to the state in so far, at least, as such a\\nview can be gained from a reference to the history of\\nEngland and of Massachusetts. We must next trace\\nthe development of local government in other parts of\\nthe United States and in doing so we can advance\\nat somewhat quicker pace, not because our subject", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0094.jp2"}, "95": {"fulltext": "THE OLD VIRGINIA COUNTY. 57\\nbecomes in any wise less important or less interesting,\\nbut because we have already marked out the ground\\nand said things of general application which will not\\nneed to be said over again.\\nQUESTIONS ON THE TEXT.\\nGive an account of the modern county in Massachusetts undei?\\nthe following heads\\n1 The county a corporation.\\n2. The county commissioners and their duties.\\n3. The county treasurer and his duties.\\n4. The courts held in a county.\\n5. The shire town and the court-house.\\n6. The register of deeds and his duties.\\n7. Justices of the peace and trial justices.\\n8. The sheriff and his duties.\\n9. The force at the sheriff s disposal to suppress disorder.\\n3. The Old Virginia County.\\nBy common consent of historians, the two most dis-\\ntinctive and most characteristic lines of development\\nwhich English forms of government have followed, in\\npropagating themselves throughout the United States,\\nare the two lines that have led through New England\\non the one hand and through Virginia on the other.\\nWe have seen what shape local government assumed\\nin New England let us now observe what shape it\\nassumed in the Old Dominion.\\nThe first point to be noticed in the early settlement\\nof Virginia is that people did not live so near together\\nas in New England. This was because tobacco, culti-\\nvated on large estates, was a source of wealth. To-\\nbacco drew settlers to Virginia as in later\\ndays gold drew settlers to California and sparsely\\nAustralia. They came not in organized\\ngroups or congregations, but as a multitude of indi-\\nviduals. Land was granted to individuals, and some-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0095.jp2"}, "96": {"fulltext": "58 TH^ COUNTY.\\ntimes these grants were of enormous extent. John\\nBoiling, who died in 1757, left an estate of 40,000\\nacres, and this is not mentioned as an extraordinary\\namount of land for one man to own. From an\\nearly period it was customary to keep these great\\nestates together by entailing them, and this continued\\nuntil entails were abolished in 1776 through the influ-\\nence of Thomas Jefferson.\\nA glance at the map of Virginia shows to what a\\nremarkable degree it is intersected by navigable rivers.\\nThis fact made it possible for plantations, even at a\\nAbsence of ^oi\\\\g distance from the coast, to have each\\ntowns. -^g Q^j-^ private wharf, where a ship from\\nEngland could unload its cargo of tools, cloth, or\\nfurniture, and receive a cargo of tobacco in return.\\nAs the planters were thus supplied with most of the\\nnecessaries of life, there was no occasion for the kind\\nof trade that builds up towns. Even in compara-\\ntively recent times the development of town life in\\nVirginia has been very slow. In 1880, out of 246\\ncities and towns in the United States with a popula-\\ntion exceeding 10,000, there were only six in Virginia.\\nThe cultivation of tobacco upon large estates caused\\na great demand for cheap labour, and this was supplied\\npartly by bringing nsgro slaves from Africa, partly\\nby bringing criminals from English jails. The latter\\nwere sold into slavery for a limited term of\\nyears, and were known as indentured white\\nservants. So great was the demand for labour that\\nit became customary to kidnap poor friendless wretches\\non the streets of seaport towns in England and ship\\nthem off to Virginia to be sold into servitude. At\\nfirst these white servants were more numerous than\\n1 Edward Chaniiing, Town and County Government, in\\nJohns Hopkins University Studies, vol. ii. p. 4C7.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0096.jp2"}, "97": {"fulltext": "THE OLD VIRGINIA COUNTY. 59\\nthe negroes, but before the end of the seventeenth\\ncentury the blacks had come to be much the more nu-\\nmerous.\\nIn this rural community the owners of plantations\\ncame from the same classes of society as the settlers\\nof New England they were for the most part country\\nsquires and yeomen. But while in New Eng-\\nT p Social posi-\\nland there was no lower class of society tion of set-\\ntiers.\\nsharply marked off from the upper, on the\\nother hand in Virginia there was an insurmountable\\ndistinction between the owners of plantations and the\\nso-called mean whites or white trash. This\\nclass was originally formed of men and women who\\nhad been indentured white servants, and was increased\\nby such shiftless people as now and then found their\\nway to the colony, but could not win estates or ob-\\ntain social recognition. With such a sharp division\\nbetween classes, an aristocratic type of society was\\ndeveloped in Virginia as naturally as a democratic\\ntype was developed in New England.\\nIn Virginia there were no town-meetings. The dis-\\ntances between plantations cooperated with the dis-\\ntinction between classes to prevent the growth of such\\nan institution. The English parish, with its Virginia par-\\nchurchwardens and vestry and clerk, was re-\\nproduced in Virginia under the same name, but with\\nsome noteworthy peculiarities. If the whole body of\\nratepayers had assembled in vestry meeting, to enact\\nby-laws and assess taxes, the course of development\\nwould have been like that of the New England town-\\nmeeting. But instead of this the vestry, which exer-\\ncised the chief authority in the parish, was composed\\nof twelve chosen men. This was not government by a\\nprimary assembly, it was representative government.\\nAt first the twelve vestrymen were elected by the peo\u00c2\u00ab", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0097.jp2"}, "98": {"fulltext": "60 THE COUNTY.\\npie of the parish, and thus resembled the selectmen\\nof New England but after a while they obtained\\nthe power of filling vacancies in their own\\na close number, so that they became what is called\\na close corporation, and the people had\\nnothing to do with choosing them. Strictly speaking,\\nthat was not representative government it was a step\\non the road that leads towards oligarchical or despotic\\ngovernment.\\nIt was the vestry, thus constituted, that apportioned\\nthe parish taxes, appointed the churchwardens, pre-\\nPowers of scuted the minister for induction into office,\\nthe vestry. actcd as ovcrsccrs of the poor. The\\nminister presided in all vestry meetings. His salary\\nwas paid in tobacco, and in 1696 it was fixed by law\\nat 16,000 pounds of tobacco yearly. In many parishes\\nthe churchwardens were the collectors of the parish\\ntaxes. The other officers, such as the sexton and the\\nparish clerk, were appointed either by the minister or\\nby the vestry.\\nWith the local government thus administered, we\\nsee that the larger part of the people had little di-\\nrectly to do. Nevertheless in these small neighbour-\\nhoods government was in full sight of the people. Its\\nproceedings went on in broad daylight and were sus-\\ntained by public sentiment. As Jefferson said, The\\nvestrymen are usually the most discreet farmers, so\\ndistributed through the parish that every part of it\\nmay be under the immediate eye of some one of them.\\nThey are well acquainted with the details aijd economy\\nof private life, and they find sufficient inducements to\\nexecute their charge well, in their philanthropy, in the\\napprobation of their neighbours, and the distinction\\nwhich that gives them.\\nSee Howard, Local Constitutional History of the Uiiited States,\\nvol. i. p. 122.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0098.jp2"}, "99": {"fulltext": "THE OLD VIRGINIA COUNTY. 61\\n^^he difference, however, between the New England\\ntownship and the Virginia parish, in respect of self-\\ngovernment, was striking enough. We have now to\\nnote a further difference. In New England, as we\\nhave seen, the township was the unit of representation\\nin the colonial legislature but in Virginia the parish\\nwas not the unit of representation. The county was\\nthat unit. In the colonial legislature of Vir- The county\\nginia the representatives sat not for parishes, o/ repress-\\nbut for counties. The difference is very sig-\\nnificant. As the political life of New England was\\nin a manner built up out of the political life of the\\ntowns, so the political life of Virginia was built up\\nout of the political life of the counties. This was\\npartly because the vast plantations were not grouped\\nabout a compact village nucleus like the small farms\\nat the North, and partly because there was not in Vir-\\nginia that Puritan theory of the church according to\\nwhich each congregation is a self-governing democ-\\nracy. The conditions which made the New England\\ntown-meeting were absent. The only alternative was\\nsome kind of representative government, and for this\\nthe county was a small enough area. The county in\\nVirginia was much smaller than in Massachusetts or\\nConnecticut. In a few instances the county consisted\\nof only a single parish; in some cases it was divided\\ninto two parishes, but oftener into three or more.\\nIn Virginia, as in England and in New England,\\nthe county was an area for the administration of justice.\\nThere were usually in each county eight jus-\\ntices of the peace, and their court was the court was\\nP -I r\\\\ ct ~r\\\\ virtually a\\ncounterpart oi the (Quarter oessions m Eng- close corpo-\\nland. They were appointed by the governor,\\nbut it was customary for them to nominate candidates\\nfor the governor to appoint, so that practically tlie", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0099.jp2"}, "100": {"fulltext": "62 THE COUNTY.\\ncourt filled its own vacancies and was a close corpoi-a-\\ntion, like the parish vestry. Such an arrangement\\ntended to keep the general supervision and control of\\nthinffs in the hands of a few families.\\nThis county court usually met as often as once a\\nmonth in some convenient spot answering to the shire\\ntown of England or New England. More often than\\nnot the place originally consisted of the court-house\\nand very little else, and was named accordingly from\\nthe name of the county, as Hanover Court House or\\nFairfax Court House and the small shire towns that\\nhave grown up in such spots often retain these names\\nThe county *o prcseut day. Such names occur com-\\ncour^ monly in Virginia, West Virginia, and South\\nHouse. Carolina, very rarely in Kentucky, North\\nCarolina, Alabama, Ohio, and nowhere else in the\\nUnited States.^ Their number has diminished from\\nthe tendency to omit the phrase Court House, leav-\\ning the name of the county for that of the shire town,\\nas for example in Culpeper, Va. In New England the\\nprocess of naming has been just the reverse as in\\nHartford County, Conn., or Worcester County, Mass.,\\nwhich have taken their names from the shire towns.\\nIn this, as in so many cases, whole chapters of history\\nare wrapped up in geographical names.^\\nThe county court in Virginia had jurisdiction in\\ncriminal actions not involving peril of life or limb,\\nand in civil suits where the sum at stake exceeded\\n1 In Miteliell s Atlas, 1883, the number of cases is in Va. 38p\\nW. Va. 13, S. C. 16, N. C. 2, Ala. 1, Ky. 1, Ohio, 1.\\n2 A few of the oldest Virginia counties, organized as such in\\n1634, had arisen from the spreading and thinning of single set-\\ntlements originally intended to be cities and named accordingly.\\nHence the curious names (at first sight unintelligible) of James\\nCity County, and Charles City County.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0100.jp2"}, "101": {"fulltext": "THE OLD VIRGINIA COUNTY. 63\\ntwenty-five shillings. Smaller suits could be tried by\\na single justice. The court also had charge powers of\\nof the probate and administration of wills.\\nThe court appointed its own clerk, who kept the\\ncounty records. It superintended the construction and\\nrepair of bridges and highways, and for this purpose\\ndivided the county into precincts, and appointed\\nannually for each precinct a highway surveyor. The\\ncourt also seems to have appointed constables, one for\\neach precinct. The justices could themselves act as\\ncoroners, but annually two or more coroners for each\\nparish were appointed by the governor. As we have\\nseen that the parish taxes so much for salaries of\\nminister and clerk, so much for care of church build-\\nings, so much for relief of the poor, etc. were com-\\nputed and assessed by the vestry so the county taxes,\\nfor care of court-house and jail, roads and bridges,\\ncoroner s fees, and allowances to the representatives\\nsent to the colonial legislature, were computed and\\nassessed by the county court. The general taxes for\\nthe colony were estimated by a committee of the legis-\\nlature, as well as the county s share of the colony\\ntax. The taxes for the county, and sometimes the\\ntaxes for the parish also, were collected by the sheriff.\\nThey were usually paid, not in money, but n\\\\ tobacco\\nand the sheriff was the custodian of this\\nThe sheriff.\\ntobacco, responsible for its proper disposal.\\nThe sheriff was thus not only the officer for executing\\nthe judgments of the court, but he was also county\\ntreasurer and collector, and thus exercised powers al-\\nmost as great as those of the sheriff in England in the\\ntwelfth century. He also presided over elections for\\nrepresentatives to the legislature. It is interesting to\\nobserve how this very important officer was chosen.\\nEach year the court presented the names of three of\\nX", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0101.jp2"}, "102": {"fulltext": "64 THE COUNTY.\\nits members to the governor, who appointed one, gen-\\nerally the senior justice, to be the sheriff of the county\\nfor the ensuing year. Here again we see this close\\ncorporation, the county court, keeping the control of\\nthings within its own hands.\\nOne other important county officer needs to be men-\\ntioned. We have seen that in early New England\\neach town had its train-band or company of militia,\\nand that the companies in each county united to form\\nthe county regiment. In Virginia it was just the other\\nway. Each county raised a certain number of troops,\\nand because it was not convenient for the men to go\\nmany miles from home in assembling for purposes of\\ndrill, the county was subdivided into military districts,\\neach with its company, according to rules laid down\\nby the governor. The military command in each\\nThe county couuty was vcstcd in the county lieutenant,\\nueutenant. an officer answcriug in many respects to the\\nlord lieutenant of the English shire at that period.\\nUsually he was a member of the governor s council,\\nand as such exercised sundry judicial functions. He\\nbore the honorary title of colonel, and was to some\\nextent regarded as the governor s deputy; but in later\\ntimes his duties were confined entirely to military\\nmatters.^\\nIf now we sum up the contrasts between local gov-\\nernment in Virginia and that in New England, we\\nobserve\\n1. That in New England the management of local\\naffairs was mostly in the hands of town officers, the\\n1 Edward Channing, op. cit. p. 478.\\n2 For an excellent account of local government in Virginia\\nbefore the Revolution, see Howard, Local Const, Hist, of the U.\\nS., vol. i. pp. 388-407 also Edward Ingle in Johns Hopkins\\nUniv. Studies, III., ii.-iii.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0102.jp2"}, "103": {"fulltext": "THE OLD VIRGINIA COUNTY. 65\\ncounty being superadded for certain purposes, chiefly\\njudicial wliile in Virginia the management was chiefly\\nin the hands of county officers, though certain func-\\ntions, chiefly ecclesiastical, were reserved to the parish.\\n2. That in New England the local magistrates were\\nalmost always, with the exception of justices, chosen\\nby the people while in Virginia, though some of\\nthem were nominally appointed by the governor, yet\\nin practice they generally contrived to appoint them-\\nselves in other words the local boards practically\\nfilled their own vacancies and were self -perpetuating.\\nThese differences are striking and profound. There\\ncan be no doubt that, as Thomas Jefferson clearly\\nsaw, in the long run the interests of political liberty\\nare much safer under the New England system than\\nunder the Virginia system. Jefferson said, Jefferson s\\nThose wards, called townships in New Eng- township^\\nland, are the vital principle of their govern- government.\\nments, and have proved themselves the wisest inven-\\ntion ever devised by the wit of man for the perfect\\nexercise of self-government, and for its preservation.^\\nAs Cato, then, concluded every speech with the\\nwords Carthago delenda est., so do I every opinion\\nwith the injunction Divide the counties into\\nwards\\nWe must, however, avoid the mistake of making\\ntoo much of this contrast. As already hinted, in\\nthose rural societies where people generally knew one\\nanother, its effects were not so far-reaching as they\\nwould be in the more complicated society of to-day.\\nEven though Virginia had not the town-meeting, it\\nhad its familiar court-day, which was a c^urt-\\nholiday for all the country-side, especially in\\nthe fall and spring. From aU directions came in the\\n1 Jefferson s Woi ks, vii. 13. 2 yi. 544,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0103.jp2"}, "104": {"fulltext": "66 THE COUNTY.\\npeople on horseback, in wagons, and afoot. On the\\ncourt-house green assembled, in indiscriminate confu-\\nsion, people of all classes, the hunter from the back-\\nwoods, the owner of a few acres, the grand proprietor,\\nand the grinning, heedless negro. Old debts were set=\\ntied, and new ones made there were auctions, trans-\\nfers of property, and, if election times were near,\\nstump-speaking.\\nFor seventy years or more before the Declaration of\\nIndependence the matters of general public concern,\\nabout which stump speeches were made on Virginia\\ncourt-days, were very similar to those that were dis-\\ncussed in Massachusetts town-meetings when represen-\\ntatives were to be chosen for the legislature. Such\\nquestions generally related to some real or alleged\\nencroachment upon popular liberties by the royal gov-\\nernor, who, being appointed and sent from beyond sea,\\nwas apt to have ideas and purposes of his own that\\nconflicted with those of the people. This perpetual\\nantagonism to the governor, who represented British\\nimperial interference with American local self-govern-\\nment, was an excellent schooling in political liberty,\\nalike for Virginia and for Massachusetts. When the\\nstress of the Revolution came, these two leading colo-\\nnies cordially supported each other, and their political\\ncharacteristics were reflected in the kind of achieve-\\nments for which each was especially distinguished.\\nThe Virginia system, concentrating the administration\\nof local affairs in the hands of a few county families,\\nwas eminently favourable for developing\\nVirginia pro- p i\\nlifiein great skflful and vig^orous Icadc) ship. And while\\nleaders. _\\nin the history of Massachusetts during the\\nRevolution we are chiefly impressed with the wonderful\\ndegree in which the mass of the people exhibited the\\n1 Ingle, loc. dU", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0104.jp2"}, "105": {"fulltext": "THE OLD VIRGINIA COUNTY. 67\\nkind of political training that nothing in the world ex-\\ncept the habit of parliamentary discussion can impart\\non the other hand, Virginia at that time gave us\\nin Washington, Jefferson, Henry, Madison, and Mar-\\nshall, to mention no others such a groifp of consum-\\nmate leaders as the world has seldom seen equalled.\\nQUESTIONS ON THE TEXT.\\n1. Why was Virginia more sparsely settled than Massachusetts\\n2. Why was it that towns were built up more slowly in Virginia\\nthan in Massachusetts\\n3. How was the great demand for labour in Virginia met\\n4. What distinction of classes naturally arose\\n5. Contrast the type of society thus developed in Virginia with\\nthat developed in New England.\\n6. Compare the Virginia parish in its earlier government with\\nthe English parish from which it was naturally copied.\\n7. Show how the vestry became a close corporation.\\n8. Who were usually chosen as vestrymen, and what were their\\npowers\\n9. Compare Virginia s unit of representation in the colonial\\nlegislature with that of Massachusetts, and give the rea-\\nson for the difference.\\n10. Describe the county court, showing in particular how it be-\\ncame a close corporation.\\n1 1 Bring out some of the history wrapped up in the names of\\ncounty seats.\\n1 2. What were the chief powers of the county court\\n13. Describe the assessment of the various taxes.\\n14. What were the sheriff s duties\\n15. Describe the organization and command of the militia in\\neach county.\\n16. Sum up the differences between local government in Virginia\\nand that in New England (1) as to the management of\\nlocal affairs and (2) as to the choice of local officers.\\n17. What did Jefferson think of the principle of township gov-\\nernment\\n18. What was the equivalent in Virginia of the New England\\ntown-meeting\\n19. What was the value of this frequent assembling?\\n20. What schooling in political liberty before the Revolution did\\nVirginia and Massachusetts alike have", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0105.jp2"}, "106": {"fulltext": "68 THE COUNTY\\n21. What was an impressive feature of the New England\\nsystem\\n22. What was an impressive feature of the Virginia system\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\n1 How many counties are there in your state\\n2. Name and place them if the number is small.\\n3. In what county do you live\\n4. Give its dimensions. Are they satisfactory Why\\n5. Give its boundaries.\\n6. Is there anything interesting in the meaning or origin of its\\nname\\n7. How many towns and cities does it contain\\n8. What is the county seat Is it conveniently situated Rea-\\nsons for thinking so\\n9. If convenient, visit any county building, note the uses to\\nwhich it is put, and report such facts as may be thus\\nfound out.\\n10. Obtain a deed, no matter how old, and answer these ques-\\ntions about it\\na. Is it recorded If so, where\\nh. Would it be easy for you to find the record\\nc. Why should such a record be kept\\nd. What officer has charge of such records\\ne. What sort of work must he and his assistants do\\nf. The place of such records is called what\\ng. What sort of facilities for the public should such a place\\nhave What safety precautions should be observed\\nthere\\nh. Why should the county keep such records rather than the\\ncity or the town\\ni. Is there a record of the deed by which the preceding owner\\ncame into possession of the property\\nj. What sort of title did the first owner have Is there\\nany record of it Was the first owner Indian or Euro-\\npean\\n(The teacher might obtain a deed and base a class exercise\\nupon it. It is easy with a deed for a text to lead pupils to see\\nthe common-sense basis of an important county institution, and\\nthereafter to give very sensible views as to what it should be,\\neven if it is not fully known what it is.)\\n1 1 Is there a local court for your town or city", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0106.jp2"}, "107": {"fulltext": "THE OLD VIRGINIA COUNTY. 69\\n1 2. How do its cases compare in magnitude with those tried at\\nthe county seat\\n13. If a man steals and is prosecuted, who becomes the plaintiff\\n14. If a man owes and is sued for debt, who becomes the plain-\\ntiff?\\n15. What is a criminal action\\n16. What is a civil action\\n17. What is the result to the defendant in the former case, if he\\nis convicted\\n18. What is the result to the defendant in the latter case, if the\\ndecision is against him\\n19. Is lying a crime or a sin May it ever become a crime\\n20. Are courts of any service to the vast numbers who are never\\nbrought before them Why\\n21. May good citizens always keep out of the courts if they\\nchoose Is it their duty always to keep out of them\\n22. Is there any aversion among people that you know to being\\nbrought before the courts Why\\n23. What is the purpose of a jail Is this purpose realized in\\nfact?\\n24. Should a disturbance of a serious nature break out in your\\ntown, whose immediate duty would it be to quell it\\nSuppose this duty should prove too difficult to perform,\\nthen what\\n25. What is the attitude of good citizenship towards officers who\\nare trying to enforce the laws What is the attitude of\\ngood citizenship if the laws are not satisfactory or if the\\nofficers are indiscreet in enforcing them\\n26. Suppose a man of property dies and leaves a will, what trou-\\nbles are possible about the disposal of his property Sup-\\npose he leaves no will, what troubles are possible\\nWhose duty is it to exercise control over such matters\\nand hold people up to legal and honourable conduct in\\nthem?\\n27. What is an executor What is an administrator\\n28. If parents die, whose duty is it to care for their children\\nIf property is left to such children, are they free to use\\nit as they please What has the county to do with such\\neases\\n29. How much does your town or city contribute towards county\\nexpenses How does this amount compare with that\\nraised by other towns in the county", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0107.jp2"}, "108": {"fulltext": "70 THE COUNTY.\\n30. Give the organization of your county government.\\n31. Would it be better for the towns to do themselves the work\\nnow done for them by the county\\nBIBLIOGRAPHICAL NOTE.\\n1. The County in its Beginnings. This subject is\\ntreated in connection with the township in several of the books\\nabove mentioned. See especially Howard, Local Const. Hist.\\n2. The Modern County in Massachusetts. There is\\na good account in Martin s Text Book above mentioned.\\n3. The Old Virginia County. The best account is in\\nH. U. Studies, III., ii.-iii. Edward Ingle, Virginia Local In-\\nstitutions.\\nIn dealing with the questions on page 69, both teachers and\\npupils will find Dole s Talks about Law (Boston, 1887) extremely\\nvaluable and helpful.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0108.jp2"}, "109": {"fulltext": "CHAPTEK IV.\\nTOWNSHIP AND COUNTY.\\n1. Vcmous Local Systems.\\nWe have now comj)leted our outline sketch of town\\nand county government as illustrated in New England\\non the one hand and in Virginia on the other. There\\nare some important points in the early history of local\\ngovernment in other portions of the original thirteen\\nstates, to which we must next call attention and then\\nwe shall be prepared to understand the manner in\\nwhich our great western country has been organized\\nunder civil government. We must first say something\\nabout South Carolina and Maryland.\\nSouth Carolina was settled from half a century to a\\ncentury later than Massachusetts and Vir-\\nginia, and by two distinct streams of immi- m South\\n1 CaroUna.\\ngration. ihe lowlands near the coast were\\nsettled by Englishmen and by French Huguenots, but\\nthe form of government was purely English. There\\nwere parishes, as in Virginia, but popular election\\nplayed a greater part in them. The vestrymen were\\nelected yearly by all the taxpayers of the parish.\\nThe minister was also elected by his people, and after\\n1719 each parish sent its representatives to the colo-\\nnial legislature, though in a few instances two par-\\nishes were joined together for the purpose of choosing\\nrepresentatives. The system was thus more demo-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0109.jp2"}, "110": {"fulltext": "72 TOWNSHIP AND COUNTY.\\ncratic than in Virginia and in this connection it is\\nworth while to observe that parochial libraries and\\nfree schools were established as early as 1712, much\\nearlier than in Virginia.\\nDuring the ftrst half of the eighteenth century a\\nvery different stream of immigration, coming mostly\\nalong the slope of the AUeghanies from Virginia and\\nPennsylvania, and consisting in great part of Ger-\\nmans, Scotch Higlilanders, and Scotch-Irish, peopled\\nthe upland western regions of South Carolina. For\\nsome time this territory had scarcely any civil organi-\\nzation. It was a kind of wild West. There were\\nas yet no counties in the colony. There was just one\\nThe back sheriff for the whole colony, who held his\\ncountry, office by patent from the crown. A court\\nsat in Charleston, but the arm of- justice was hardly\\nlong enough to reach offenders in the mountains. To\\npunish a horse-thief or prosecute a debtor one was\\nsometimes compelled to travel a distance of several\\nhundred miles, and be subjected to all the dangers and\\ndelays incident to a wild country. When people\\ncannot get justice in what in civilized countries is the\\nregular way, they will get it in some irregular way.\\nSo these mountaineers began to form themselves into\\nbands known as regulators, quite like the vigi-\\nlance committees formed for the same purpoS^ in\\nCalifornia a hundred years later. For thieves^ and\\nmurderers the regulators provided a speedy trial,\\nand the nearest tree served as a gallows.\\nIn order to put a stop to this lynch law, the legisla-\\nture in 1768 divided the back country into districts,\\neach with its sheriff and court-house, and the\\nThe dis- i i i\\ntrictsys- judgcs wcrc scut ou circuit through these\\ndistricts. The upland region with its dis-\\n,B. J. Ramage, in Johns Hopkins Univ. Studies, I., xii.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0110.jp2"}, "111": {"fulltext": "VARIOUS LOCAL SYSTEMS. T3\\ntricts was thus very differently organized from the\\nlowland region with its parishes, and the effect was for\\na while almost like dividing South Carolina into two\\nstates. At first the districts were not allowed to\\nchoose their own sheriffs, but in course of time they\\nacquired this privilege. It was difficult to apportion\\nthe representation in the state legislature so as to baL\\nance evenly the districts in the west against the par-\\nishes in the east, and accordingly there was much\\ndissatisfaction, especially in the west which did not\\nget its fair share. In 1786 the capital was moved\\nfrom Charleston to Columbia as a concession to the\\nback country, and in 1808 a kind of compromise was\\neffected, in such wise that the uplands secured a per-\\nmanent majority in the house of representatives, while\\nthe lowlands retained control of the senate. The two\\nsections had each its separate state treasurer, and this\\nkind of double government lasted until the Civil\\nWar.\\nAt the close of the war the parishes were aboL\\nished and the district system was extended to the low\\ncountry. But soon afterward, by the new x^e mod-\\nconstitution of 1868, the districts were abol- Sa^oUnf\\nished and the state was divided into 34 coun- \u00e2\u0084\u00a2*y-\\nties, each of which sends one senator to the state sen-\\nate, while they send representatives in proportion to\\ntheir population. In each county the people elect\\nthree county commissioners, a school commissioner, a\\nsheriff, a judge of probate, a clerk, and a coroner. In\\none respect the South Carolina county is quite pe-\\nculiar it has no organization for judicial purposes.\\nThe counties, like their institutional predecessor the\\ndistrict, are grouped into judicial circuits, and a judge\\nis elected by the legislature for each circuit. Trial\\njustices are appointed by the governor for a term of\\ntwo years.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0111.jp2"}, "112": {"fulltext": "74 TOWNSHIP AND COUNTY.\\nThis system, like the simple county system every-\\nwhere, is a representative system the people take no\\ndirect part in the management of affairs. In one re-\\nspect it seems obviously to need amendment. In states\\nwhere county government has grown up naturally,\\nafter the Yirginia fashion, the county is apt to be\\nmuch smaller than in states where it is simply a di\\ntrict embracing several township governments. Thus\\nthe average size of a county in Massachusetts is 557\\nsquare miles, and in Connecticut 594 square miles\\nbut in Virginia it is only 383 and in Kentucky 307\\nsquare miles. In South Carolina, however, where the\\ncounty did not grow up of itself, but has been en-\\nacted, so to speak, by a kind of afterthought, it has\\nbeen made too large altogether. The average area of\\nthe county in South Carolina is about 1,000 square\\nmiles. Charleston County, more than 40\\nThe coun- ij^i or-\\nties are too milcs lu length and not less than do m aver-\\nage width, is larger than the state of Rhode\\nIsland. Such an area is much too extensive for local\\nself-government. Its different portions are too far\\napart to understand each other s local wants, or to act\\nefficiently toward supplying them and roads, bridges,\\nand free schools suffer accordingly. An unsuccessful\\nattempt has been made to reduce the size of the coun-\\nties. But what seems perhaps more likely to happen-\\nis the practical division of the counties into school dis-\\ntricts, and the gradual development of these school\\ndistricts into something like self-governing townships.\\nTo this very interesting point we shall again have\\noccasion to refer.\\nWe come now to Maryland. The early history of\\nlocal institutions in this state is a fascinating subject\\nof study. None of the American colonies had a\\nmore distinctive character of its own, or reproduced", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0112.jp2"}, "113": {"fulltext": "VARIOUS LOCAL SYSTEMS. 75\\nold English usages in a more curious fashion. There\\nwas much in colonial Maryland, with its lords of the\\nmanor, its bailiffs and seneschals, its courts baron and\\ncourts leet, to remind one of the England of the thir-\\nteenth century. But of these ancient institutions,\\nlong since extinct, there is but one that needs to be\\nmentioned in the present connection. In Maryland\\nthe earliest form of civil community was called, not a\\nparish or township, but a hundred. This ThehundreJ\\ncurious designation is often met with in Maryland.\\nEnglish history, and the institution which it describes,\\nthough now almost everywhere extinct, was once\\nalmost universal among men. It will be remembered\\nthat the oldest form of civil society, which is still to\\nbe found among some barbarous races, was that in\\nwhich families were organized into clans and clans\\ninto tribes and we saw that among our forefathers\\nin England the dwelling-place of the clan became the\\ntownship, and the home of the tribe became the shire\\nor county. Now, in nearly all primitive societies that\\nhave been studied, we find a group that is larger than\\nthe clan but smaller than the tribe, or, in other\\nwords, intermediate between clan and tribe. Scholars\\nusually call this group by its Greek name,\\n7 1 i 1 1 \u00c2\u00bbj c Clans, broth-\\nphratry^ or brotherhood, for it was known erhoods, and\\nlong ago that in ancient Greece clans were\\ngrouped into brotherhoods and brotherhoods into\\ntribes. Among uncivilized people all over the world\\nwe find this kind of grouping. For example, a tribe\\nof North American Indians is regularly made up of\\nphratries, and the phratries are made up of clans\\nand, strange as it might at first seem, a good many\\nhalf -understood features of early Greek and Roman\\nsociety have had much light thrown upon them from\\nthe study of the usages of Cherokees and Mohawks.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0113.jp2"}, "114": {"fulltext": "76 TOWNSHIP AND COUNTY.\\nWherever men have been placed, the problem of form-\\ning civil society has been in its main outlines the same\\nand in its earlier stages it has been approached in\\npretty much the same way by all.\\nThe ancient Romans had the brotherhood, and\\ncalled it a curia. The Roman people were organized\\nin clans, curies, and tribes. But for military purposes\\nthe curia was called a century, because it furnished a\\nquota of one hundred men to the army. The word\\ncentury originally meant a company of a hundred\\nOrigin of the icn, and it was only by a figure of speech\\nhundred. j-j^^^^ afterward came to mean a period of\\na hundred years. Now among all Germanic peoples,\\nincluding the English, the brotherhood seems to have\\nbeen called the hundred. Our English forefathers\\nseem to have been organized, like other barbarians, in\\nclans, brotherhoods, and tribes and the brotherhood\\nwas in some way connected with the furnishing a hun-\\ndred warriors to the host. In the tenth century we\\nfind England covered with small districts known as\\nhundreds. Several townships together made a hun-\\ndired, and several hundreds together made shire.\\nThe hundred was chiefly notable as the smallest area\\nfor the administration of justice. The hundred court\\nThe hundred ^as a representative body, composed of the\\ncourt. lords of lands or their stewards, with the\\nreeve and four selected men and the parish priest from\\neach township. There was a chief magistrate for the\\nhundred, known originally as the hundredman, but\\nafter the Norman conquest as the high constable.\\nBy the thirteenth century the importance of the\\nhundred had much diminished. The need for any\\nsuch body, intermediate between township Decay of the\\nand county, ceased to be felt, and the func- \u00e2\u0080\u00a2i\\ntions of the hundred were gradually absorbed by the.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0114.jp2"}, "115": {"fulltext": "VARIOUS LOCAL SYSTEMS. 77\\ncounty. Almost everywhere in England, by tlie reign\\nof Elizabeth, the hundred had fallen into decay. It\\nis curious that its name and some of its peculiarities\\nshould have been brought to America, and should in\\none state have remained to the present day. Some of\\nthe early settlements in Virginia were called hun-\\ndreds, but they were practically nothing more than\\nparishes, and the name soon became obsolete, except\\nupon the map, where we still see, for example, Ber-\\nmuda Hundred. But in Maryland the hundred flour-\\nished and became the political unit, like the township\\nin New England. The hundred was the militia dis-\\ntrict, and the district for the assessment of taxes. In\\nthe earliest times it was also the representative dis-\\ntrict delegates to the colonial legislature sat\\nfor hundreds. But in 1654 this was changed, meetiugs in\\nMaryland.\\nand representatives were elected by counties.\\nThe officers of the Maryland hundred were the high\\nconstable, the commander of militia, the tobacco-\\nviewer, the overseer of roads, and the assessor of taxes.\\nThe last-mentioned officer was elected by the people,\\nthe others were all appointed by the governor. The\\nhundred had also its assembly of all the people, which\\nwas in many respects like the New England town-\\nmeeting. These hundred-meetings enacted by-laws,\\nlevied taxes, appointed committees, and often exhib-\\nited a vigorous political life. But after the Revolu-\\ntion they fell into disuse, and in 1824 the hundred\\nbecame extinct in Maryland its organization was\\nswallowed up in that of the county.\\nIn Delaware, however, the hundred remains to this\\nday. There it is simply an imperfectly developed\\ntownship, but its relations with the county. The hundred\\nas they have stood with but little change i ^i ei*^\\nsince 1743, are very interesting. Each hundred used", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0115.jp2"}, "116": {"fulltext": "78 TOWNSHIP AND COUNTY.\\nto choose its own assessor of taxes, and every year in\\nthe month of November the assessors from all the\\nhundreds used to meet in the county court-house, along\\nwith three or more justices of the peace and eight\\ngrand, jurors, and assess the taxes for the ensuing\\nyear. A month later they assembled again, to hear\\ncomplaints from persons who considered themselves\\novertaxed and having disposed of this business, they\\nproceeded to appoint collectors, one for each hundred.\\nThis county assembly was known as the court of\\nlevy and appeal, or more briefly as the levy court.\\nIt appointed the county treasurer, the road\\nThelery\\ncourt, or commissioucrs, and the overseers oi the\\nrepresenta- -inr\\\\n i i i i i\\ntive county poor. femcc 17 yo the levy court has been\\nassembly.\\ncomposed of special commissioners chosen\\noy popular vote, but its essential character has not\\nbeen altered. As a thoroughly representative body,\\nit reminds one of the county courts of the Plantagenet\\nperiod.\\nWe next come to the great middle colonies, Pennsyl-\\nvania and New York. The most noteworthy feature\\nof local government in Pennsylvania was the\\nPennsyiva- general election of county officers by popular\\naia coun y. rpj^^ couiity was the uuit of represen-\\ntation in the colonial legislature, and on election days\\nthe people of the county elected at the same time their\\nsheriffs, coroners, assessors, and county commissioners.\\nIn this respect Pennsylvania furnished a model which\\nhas been followed by most of the states since the Rev-\\nolution, as regards the county governments. It is also\\nto be noted that before the Revolution, as Pennsyl-\\nvania increased in population, the townships began to\\nparticipate in the work of government, each township\\nchoosing its overseers of the poor, highway surveyors,\\nand inspectors of elections.^\\nTown-meetings were not quite unknown in Pennsylvania", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0116.jp2"}, "117": {"fulltext": "VARIOUS LOCAL SYSTEMS. 79\\nNew York had from the very beginning the rudi-\\nments of an excellent system of local self-government.\\nThe Dutch villages had their assemblies, which under\\nthe English rule were developed into town-\\nmeetings, though with less ample powers ingsinNew\\nthan those of New England. The govern-\\ning body of the New York town consisted of the con\\nstable and eight overseers, who answered in most\\nrespects to the selectmen of New England. Four of\\nthe overseers were elected each year in town-meeting,\\nand one of the retiring overseers was at the same\\ntime elected constable. In course of time the elec-\\ntive offices came to include assessors and collectors,\\ntown clerk, highway surveyors, fence-viewers, pound-\\nmasters, and overseers of the poor. At first the town-\\nmeetings seem to have been held only for the election\\nof officers, but they acquired to a limited extent the\\npower of levying taxes and enacting by-laws. In 1703\\na law was passed requiring each town to elect yearly\\nan officer to be known as the supervisor,\\nThe county\\nwhose duty was to compute, ascertain, ex- board of su-\\npervisors.\\namine, oversee, and allow the contingent,\\npublick, and necessary charges of the county.^ For\\nthis purpose the supervisors met once a year at the\\ncounty town. The principle was the same as that of\\nthe levy court in Delaware. This board of supervis-\\nors was a strictly representative government, and\\nformed a strong contrast to the close corporation by\\nwhich county affairs were administered in Virginia.\\nThe New York system is of especial interest, because\\nit has powerfully influenced the development of local\\ninstitutions throughout the Northwest.\\nsee W. P. Holeomb, Pennsylvania Boroughs, J. H. U. Studies,\\nIV., iv.\\nHoward, Local Const. Hist., i- 111.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0117.jp2"}, "118": {"fulltext": "80 TOWNSHIP AND COUNTY.\\nQUESTIONS ON THE TEXT.\\n1. Describe the .early local government of eastern South Caro-\\nlina.\\n2. Describe the early local government of western South Caro-\\nlina.\\n3. Explain the difference.\\n4. What effort was made in 1768 to put a stop to lynch law\\n5. What difficulties arose from the attempted adjustment o\u00c2\u00a3\\n1768?\\n6. What compromises were made between the two sections\\ndown to the time of the Civil War\\n7. What changes have been made in local government since the\\nCivil War\\n8. Mention a peculiarity of the South Carolina county.\\n9. Compare its size with that of counties in other states.\\n10. What disadvantage is due to this great size\\n1 1. What was the earliest form of civil community in Marjrond,\\nand from what source did it come\\n1 2. Trace the development of the hundred in accordance mth\\nthe following outline\\na. Intermediate groups between clans and tribes.\\nh. Illustrations from Greece and the North American In-\\ndians,\\nc. The Roman century and the German hundred.\\n13. Describe the English hundred in the tenth century.\\n14. Describe the hundred court.\\n15. Describe the Maryland hundred and its decay.\\n1,6. What is the relation of the Delaware hundred to the county\\n17. Describe the Delaware levy court.\\n18. What were the prominent features of the Pennsylvania\\ncounty\\n1 9. Compare the town-meetings of New York with those of New\\nEngland.\\n20. What was the government of the New York county\\n21. How did this government compare with that of the Virginia\\ncounty", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0118.jp2"}, "119": {"fulltext": "SETTLEMENT OF THE PUBLIC DOMAIN. 81\\n2. Settlement of the Public Domain.\\nThe westward movement of population in the United\\nStates has for the most part followed the parallels of\\nlatitude. Thus Virginians and North Carolinians,\\ncrossing the AUeghanies, settled Kentucky and Tennes=\\nsee thus people from New England filled up the cen-\\ntral and northern parts of New York, and\\npassed on into Michigan and Wisconsin; movement of\\nthus Ohio, Indiana, and Illinois received\\nmany settlers from New York and Pennsylvania. In\\nthe early times when Kentucky was settled, the pio-\\nneer would select a piece of land wherever he liked,\\nand after having a rude survey made, and the limits\\nmarked by blazing the trees with a hatchet, the sur-\\nvey would be put on record in the state land-df ce. So\\nlittle care was taken that half a dozen patents would\\nsometimes be given for the same tract. Pieces of\\nland, of all shapes and sizes, lay between the patents.\\nSuch a system naturally begat no end of litiga-\\ntion, and there remain in Kentucky curious vestiges\\nof it to this day.i\\nIn order to avoid such confusion in the settlement\\nof the territory north of the Ohio river. Congress\\npassed the land-ordinance of 1785, which was based\\nchiefly upon the suggestions of Thomas Jefferson, and\\nlaid the foundation of our simple and excellent system\\nfor surveying national lands. According to this sys-\\ntem as gradually perfected, the government survey-\\nors first mark out a north and south line which is\\ncalled the principal meridian. Twenty- Method of\\nfour such meridians have been established. thrpuWk:\\nThe first was the diAdding line between Ohio\\nand Indiana the last one runs through Oregon a lit-\\nHinsdale, Old Northwest, p. 261.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0119.jp2"}, "120": {"fulltext": "82\\nTOWNSHIP AND COUNTY.\\ntie to the west of Portland. On each side of the prin-\\ncipal meridian there are marked off subordinate me-\\nridians called range lines, six miles apart, and num-\\nbered east and west from their principal.^ Then a\\ntrue parallel of latitude is drawn, crossing these merid-\\nians at right angles. It is called the base line, or\\nstandard parallel. Eleven such base lines, for exam-\\nple, run across the great state of Oregon. Finally,\\non each side of the base line are drawn subordinate\\nparallels called towjishij) lines, six miles apart, and\\nnumbered north and south from their base line. By\\n1 The following is a diagram of the first principal meridian,\\nand of the base line running across southern Michigan. A B is\\nthe principal meridian C D is the base line. The figures on\\nthe base line mark the range lines the figures on the principal\\nmeridian mark the township lines. E i5 township 4 north in range\\n5 east F is township 5 south in range 4 west G is township 3\\nnorth in range 3 west.\\nA\\n6\\n5\\n4\\nE\\nG\\n3\\n2\\n3\\n4\\n5\\n6\\n2\\n6\\n5\\n4\\n3^\\n2\\nA\\n1\\n1\\n2\\n3\\n4\\nF\\n5\\n\u00c2\u00abl\\nAs the intervals between meridians diminish as we go north-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0120.jp2"}, "121": {"fulltext": "SETTLEMENT OF THE PUBLIC DOMAIN. 83\\nthese range lines and township lines the whole land is\\nthus divided into townships just six miles\\nsquare, and the townships are all numbered, western\\ntownships.\\nTake, for example, the township of Deerfield\\nin Michigan. That is the fourth township north of the\\nbase line, and it is in the fifth range east of the first\\nprincipal meridian. It would be called township num-\\nber 4 north range 5 east, and was so called before it\\nwas settled and received a name. Evidently one must\\ngo 24 miles from the principal meridian, or 18 miles\\nfrom dhe base line, in order to enter this township.\\nIt is all as simple as the numbering of streets in\\nPhiladelphia.^\\nward, it is sometimes necessary to introduce a correction line,\\nthe nature of which will be seen from the following diagram:\\nBase Line.\\nDiagram of Correction Line.\\nIn Philadelphia the streets for the most part cross each other\\nat right angles and at equal distances, so that the city is laid out\\nlike a checkerboard. The parallel streets running in one direc-\\ntion have names, often taken from trees. Market Street is the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0121.jp2"}, "122": {"fulltext": "84 TOWNSHIP AND COUNTY.\\nIf now we look at Livingston County, in whicli this\\ntownship of Deerfield is situated, we observe that the\\ncounty is made up of sixteen townships, in four rows\\nof four; and the next county, Washtenaw, is made\\nup of twenty townships, in five rows of four. Maps\\nof our Western states are thus apt to have somewhat of\\nand of West- checkerboard aspect, not unlike the won-\\nem counties, (jgpf^i couutry which AHcc visited after she\\nhad gone through the looking-glass. Square townships\\nare apt to make square or rectangular counties, and the\\nstate, too, is likely to acquire a more symmetrical shape.\\ncentral street from -whicli tlie others are reckoned in both direc-\\ntions according to the couplet\\nMarket, Arch, Race, and Vine,\\nCtiestnut, Walnut, Spruce, and Pine, etc.\\nThe cross streets are not named but numbered, as First, Second,\\netc. The houses on one side of the street have odd numbers\\nand on the other side even numbers, as is the general custom in\\nthe United States. With each new block a new century of num-\\nbers begins, although there are seldom more than forty real\\nnumbers in a block. For example, the corner house on Market\\nStreet, just above Fifteenth, is 1501 Market Street. At some-\\nwhere about 1535 or 1539 you come to Sixteenth Street; then there\\nis a break in the numbering, and the next corner house is 1601.\\nSo in going along a numbered street, say Fifteenth, from Mar-\\nket, the first number will be 1 after passing Arch, 101 after\\npassing Race, 201, etc. With this system a very slight famil-\\niarity with the city enables one to find his way to any house, and\\nto estimate the length of time needful for reaching it. St. Louis\\nand some other large cities have adopted the Philadelphia plan,\\nthe convenience of which is as great as its monotony. In Wash-\\nington the streets running in one direction are lettered A, B, C,\\netc., and the cross streets are numbered and upon the checker-\\nboard plan is superposed another plan in which broad avenues\\nradiate in various directions from the Capitol, and a few other\\ncentres. These avenues cut through the square system of streets\\nin all directions, so that instead of the dull checkerboard monot-\\nony there is an almost endless variety of magnificent vistas.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0122.jp2"}, "123": {"fulltext": "SETTLEMENT OF THE PUBLIC DOMAIN. 85\\nNothing could be more unlike the jagged, irregular\\nshape of counties in Virginia or townships in Massa-\\nchusetts, which grew up just as it happened. The\\ncontrast is similar to that between Chicago, with its\\nstraight streets crossing at right angles, and Boston,\\nor London, with their labyrinths of crooked lanes.\\nFor. picturesqueness the advantage is entirely with the\\nirregular city, but for practical convenience it is quite\\nthe other way. So with our western lands the sim-\\nplicity and regularity of the system have made it a\\nmarvel of convenience for the settlers, and doubtless\\nhave had much to do with the rapidity with which\\ncivil governments have been built up in the West.\\nThis fact, says a recent writer, will be appreciated\\nby those who know from experience the ease and cer-\\ntainty with which the pioneer on the great plains of\\nKansas, Nebraska, or Dakota is enabled to select his\\nhomestead or locate his claim unaided by the expen-\\nsive skill of the surveyor.\\nThere was more in it than this, however. There was\\na germ of organization planted in these western town-\\nships, which must be noted as of great importance.\\nEach township, being six miles in length and six\\nmiles in breadth, was divided into thirty-six numbered\\nsections, each containing just one square mile, or 640\\nacres. Each section, moreover, was divided into 16\\ntracts of 40 acres each, and sales to settlers\\nwere and are generally made by tracts at the of the\\nrate of a dollar and a quarter per acre. For\\nfifty dollars a man may buy forty acres of unsettled\\nland, provided he will actually go and settle upon it,\\nand this has proved to be a very effective inducement\\nfor enterprising young men to go West. Many a\\ntract thus bought for fifty dollars has turned out to\\nHoward, Local Const Hist, of U. S., vol. i. p. 139.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0123.jp2"}, "124": {"fulltext": "86 TOWNSHIP AND COUNTY.\\nbe a soil upon which princely fortunes have grown.\\nA tract of forty acres represents to-day in Chicago or\\nMinneapolis an amount of wealth difficult for the im-\\nagination to grasp.\\nBut in each of these townships there was at least\\none section which was set apart for a special purpose.\\nThis was usually the sixteenth section, nearly in the\\ncentre of the township and sometimes the\\nThe reserva-\\nHon for pub- tnirty-sixtli section, m the southeast corner,\\nlie schools. _ __,\\nwas also reserved, ihese reservations were\\nfor the support of public schools. Whatever money\\nwas earned, by selling the land or otherwise, in these\\nsections, was to be devoted to school purposes. This\\nwas a most remarkable provision. No other nation\\nhas ever made a gift for schools on so magnificent a\\nscale. We have good reason for taking pride in such\\na liberal provision. But we ought not to forget that\\nall national gifts really involve taxation, and this is no\\nexception to the rule, although in this case it is not a\\ntaking of money, but a keeping of it back. The na-\\ntional government says to the local government, what-\\never revenues may come from that section of 640\\nacres, be they great or small, be it a spot in a rural\\ngrazing district, or a spot in some crowded city, are\\nnot to go into the pockets of individual men and wo-\\nmen, but are to be reserved for public purposes. This\\nis a case of disguised taxation, and may serve to re-\\nmind us of what was said some time ago, that a gov-\\nernment cannot give anything without in one way or\\nanother depriving individuals of its equivalent. No\\nman can sit on a camp-stool and by any amount of\\ntugging at that camp-stool lift himself over a fence.\\nWhatever is given comes from somewhere, and what-\\never is given by governments comes from the people.\\nThis reservation of one square mile in every town", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0124.jp2"}, "125": {"fulltext": "SETTLEMENT OF THE PUBLIC DOMAIN. 87\\nship for purposes of education has already most pro-\\nfoundly influenced the development of local inthisresei-\\ngovernment in our western states, and in the were the\\nnear future its effects are likely to become fow^sMp\\nstill deeper and wider. To mark out a town- g\u00c2\u00b0^e nmenfe.\\nship on the map may mean very little, but when once\\nyou create in that township some institution that\\nneeds to be cared for, you have made a long stride\\ntoward inaugurating township government. When a\\nstate, as for instance Illinois, grows up after the\\nmethod just described, what can be more natural than\\nfor it to make the township a body corporate for\\nschool purposes, and to authorize its inhabitants to\\nelect school officers and tax themselves, so far as may\\nbe necessary, for the support of the schools But\\nthe school-house, in the centre of the township, is soon\\nfound to be useful for many purposes. It is conven-\\nient to go there to vote for state officers or for con-\\ngressmen and president, and so the school township\\nbecomes an election district. Having once estab-\\nlished such a centre, it is almost inevitable that it\\nshould sooner or later be made to serve sundry other\\npurposes, and become an area for the election of con\\nstables, justices of the peace, highway surveyors, and\\noverseers of the poor. In this way a vigorous town-\\nship government tends to grow up about the school-\\nhouse as a nucleus, somewhat as in early New England\\nit grew up about the church. J\\\\\\nThis tendency may be observed in almost all tht\\nwestern states and territories, even to the Pacific coast.\\nWhen the western country was first settled, represen-\\ntative county government prevailed almost At first the\\neverywhere. This was partly because the tem pre-\\nearliest settlers of the West came in much\\ngreater numbers from the middle and southern states", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0125.jp2"}, "126": {"fulltext": "88 TOWNSHIP AND COUNTY.\\nthan from New England. It was also partly because,\\nso long as the country was thinly settled, the number\\nof people in a township was very small, and it was not\\neasy to have a government smaller than that of the\\ncounty. It was something, however, that the little\\nsquares on the map, by grouping which the counties\\nwere made, were already called townships. There is\\nmuch in a name. It was still more important that\\nthese townships were only six miles square for that\\nmade it sure that, in due course of time, when popula-\\ntion should have become dense enough, they would be\\nconvenient areas for establishing township govern-\\nment.\\nQUESTIONS ON THE TEXT.\\n1. What feature Is conspicuous in the westward movement of\\npopulation in the United States\\n2. What looseness characterized early surveys in Kentucky\\n3. What led to the passage of the land ordinance of 1785\\n4. Give the leading features of the government survey of west-\\nern lands\\na. The principal meridians.\\nh. The range lines.\\nc. The base lines.\\nd. The township lines.\\n5. Illustrate the application of the system in the case of a town.\\n6. Contrast in shape western townships and counties with corre-\\nsponding divisions in Massachusetts and Virginia,\\n7. Contrast them in convenience and in picturesqueness.\\ni What had the convenience of the government system to do\\nwith the settlement of the West\\n9. Wha+ were the divisions of the township, a,nd what disposi\\ntion was made of them\\n10. What important reservations were made in the townships\\n1 1 Show how these reservations involved a kind of taxation.\\n12. What profound influence has the reservation for schools ex-\\nerted upon local government\\n13. Why did the county system prevail at first", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0126.jp2"}, "127": {"fulltext": "TOWNSHIP-COUNTY SYSTEM. 89\\n3. The Representative Township- County System\\nin the West.\\nThe first western state to adopt the town-meeting\\nwas Michigan, where the great majority of the set-\\ntlers had come from New England, or from\\ncentral New York, which was a kind of west- meeting in\\nward extension of New England.^ Coun-\\nties were established in Michigan Territory in 1805,\\nand townships were first incorporated in 1825. This\\nwas twelve years before Michigan became a state. At\\nfirst the powers of the town-meeting were narrowly\\nlimited. It elected the town and county officers, but\\nits power of appropriating money seems to have been\\nrestricted to the purpose of extirpating noxious ani-\\nmals and weeds. In 1827, however, it was author-\\nized to raise money for the support of schools, and\\nsince then its powers have steadily increased, until\\nnow they approach those of the town-meeting in Mas-\\nsachusetts.\\nThe history of Illinois presents an extremely inter-\\nesting example of rivalry and conflict between the\\ntown system of New England and the county settlement\\nsystem of the South. Observe that this i^^^^i^-\\ngreat state is so long that, while the parallel of lati-\\ntude starting from its northern boundary runs through\\nMarblehead in Massachusetts, the parallel through its\\nsouthernmost point, at Cairo, runs a little south of\\nPetersburg in Virginia. In 1818, when Illinois\\nframed its state government and was admitted to the\\nUnion, its population was chiefly in the southern half,\\nOf the 496 members of the Michigan Pioneer Association\\nin 1881, 407 are from these sections [New England and New\\nYork]. Bemis, Local Governmeni in Michigan and the North\\nwest, J. H. U. Studies, I., v", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0127.jp2"}, "128": {"fulltext": "90 TOWNSHIP AND COUNTY.\\nand composed for the most part of pioneers from Vir-\\nginia and Virginia s daugliter-state Kentucky. These\\nmen brought with them the old Virginia county sys-\\ntem, but with the very great difference that the county\\nofficers were not appointed by the governor, or allowed\\nto be a self -perpetuating board, but were elected by the\\npeople of the county. This was a true advance ir\\nthe democratic direction, but an essential defect of the\\nsouthern system remained in the absence of any kind\\nof local meeting for the discussion of public affairs\\nand the enactment of local laws.\\nBy the famous Ordinance of 1787, to which we\\nshall again have occasion to refer, negro slavery had\\nbeen forever prohibited to the north of the Ohio river,\\nEffects of that, in spite of the wishes of her early\\nnanc^ scttlcrs, Illiuois was obliged to enter the\\n1787. Union as a free state. But in 1820 Mis-\\nsouri was admitted as a slave state, and this turned\\nthe stream of southern- migration aside from Illinois\\nto Missouri. These emigrants, to whom slaveholding\\nwas a mark of social distinction, preferred to go where\\nthey could own slaves. About the same time settlers\\nfrom New England and New York, moving along the\\nsouthern border of Michigan and the northern borders\\nof Ohio and Indiana, began pouring into the northern\\npart of Illinois. These new-comers did not find the\\nrepresentative county system adequate for their needs,\\nand they demanded township government. A memora-\\nble political struggle ensued between the northern\\nand southern halves of the state, ending in 1848 with\\nthe adoption of a new constitution. It was provided\\nthat the legislature should enact a general law for\\nthe political organization of townships, under which\\nany county might act whenever a majority of its voters\\nshould so determine. This was introducing the\\nShaw, Local Government ir Illinois, J. H. U. Studies, I., iii.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0128.jp2"}, "129": {"fulltext": "TOWNSHIP-COUNTY SYSTEM. 91\\nprinciple of local option, and in accordance therewith\\ntownship governments with town-meetings were at\\nonce introduced in the northern counties of the state,\\nwhile the southern counties kept on in the old way.\\nNow comes the most interesting part of the story.\\nThe two systems being thus brought into immediate\\ncontact in the same state, with free choice between\\nthem left to the people, the northern system has slowly\\nbut steadily supplanted the southern system, until at\\nthe present day only one fifth part of the counties in\\nIllinois remain without township government.\\nThis example shows the intense vitality of the\\ntownship system. It is the kind of government that\\npeople are sure to prefer when they have intense vi-\\nonce tried it under favourable conditions, tow^hip*^^\\nIn the West the hostile conditions against ^y^^\\nwhich it has to contend are either the recent existence\\nof negro slavery and the ingrained prejudice in favour\\nof the Virginia method, as in Missouri or simply the\\nsparseness of population, as in Nebraska. Time will\\nevidently remove the latter obstacle, and probably the\\nformer also. It is very significant that in Missouri,\\nwhich began so lately as 1879 to erect township gov-\\nernments under a local option law similar to that of\\nIllinois, the process has already extended over about\\none sixth part of the state and in Nebraska, where\\nthe same process began in 1883, it has covered nearly\\none third of the organized counties of the state.\\nThe principle of local option as to government has\\nbeen carried still farther in Minnesota and Dakota.\\nThe method just described may be called county op-\\ncounty option the question is decided by a to^shfp\\nmajority vote of the people of the county.\\nBut in Minnesota in 1878 it was enacted that as soon\\nas any one of the little square townships in that state", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0129.jp2"}, "130": {"fulltext": "92 TOWNSHIP AND COUNTY.\\nshould contain as many as twenty-five legal voters, it\\nmight petition the board of county commissioners and\\nobtain a township organization, even though the ad-\\njacent townships in the same county should remain\\nunder county government only. Five years later the\\nsame provision was adopted by Dakota, and under it\\ntownship government is steadily spreading.\\nTwo distinct grades of township government are to\\nbe observed in the states west of the AUeghanies the\\none has the town-meeting for deliberative\\nGrades of i i i t r\\\\^\\ntownship purposes, the other has not. In Ohio and\\nIndiana, which derived their local institu-\\ntions largely from Pennsylvania, there is no such\\ntown-meeting, the administrative offices are more or\\nless concentrated in a board of trustees, and the town\\nis quite subordinate to the county. The principal\\nfeatures of this system have been reproduced in Iowa,\\nMissouri, and Kansas.\\nThe other system was that which we have seen be-\\nginning in Michigan, under the influence of New\\nYork and New England. Here the town-meeting,\\nwith legislative powers, is always present. The most\\nnoticeable feature of the Michigan system is the rela-\\ntion between township and county, which was talien\\nfrom New York. The county board is composed of the\\nsupervisors of the several townships, and thus repre-\\nsents the townships. It is the same in Illinois. It is\\nheld by some writers that this is the most perfect\\nform of local government,^ but on the other hand the\\nobjection is made that county boards thus constituted\\nare too large.^ We have seen that in the states in\\nquestion there are not less than 16, and sometimes\\nmore than 20, townships in each county. In a board\\nHoward, Local Const. Hist., passim.\\n2 Bemis, Local Government in Michigan, J. H. U. Studies, I., v.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0130.jp2"}, "131": {"fulltext": "TOWNSHIP-COUNTY SYSTEM. 93\\nof 16 or 20 members it is hard to fasten responsi-\\nbility upon anybody in particular and thus it be-\\ncomes possible to have combinations, and to indulge\\nin that exchange of favours known as log-rolling,\\nwhich is one of the besetting sins of all large repre-\\nsentative bodies. Responsibility is more concentrated\\nin the smaller county boards of Massachusetts, Wis\\nconsin, and Minnesota.\\nIt is one signal merit of the peaceful and untram\\nmelled way in which American institutions have\\ngrown up, the widest possible scope being allowed to\\nindividual and local preferences, that differ-\\nent states adopt different methods of attain- result of the\\ning the great end at which all are aiming in centraiiza-\\ncommon, good government. One part or united\\nour vast country can profit by the experi-\\nence of other parts, and if any system or method thus\\ncomes to prevail everywhere in the long run, it is\\nlikely to be by reason of its intrinsic excellence. Our\\ncountry arfords an admirable field for the study of the\\ngeneral principles which lie at the foundations of uni-\\nversal history. Governments, large and small, are\\ngrowing up all about us, and in such wise that we can\\nwatch the processes of growth, and learn lessons which,\\nafter making due allowances for diiference of circum-\\nstance, are very helpful in the study of other times\\nand countries.\\nThe general tendency toward the spread of townshiij\\ngovernment in the more recently settled parts of the\\nUnited States is unmistakable, and I have already re-\\nmarked upon the influence of the public school sys-\\ntem in aiding this tendency. The school district, as a\\npreparation for the self-governing township, is already\\nexerting its influence in Colorado, Nevada, California,\\nWyoming, Montana, Idaho, Oregon, and Washing-\\nton.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0131.jp2"}, "132": {"fulltext": "94 TOWNSHIP AND COUNTY.\\nSomething similar is going on in the southern states,\\nas already hinted in the case of South Carolina. Lo-\\ncal taxation for school purposes has also been estab-\\nlished in Kentucky and Tennessee, in both Virginias,\\nand elsewhere. There has thus begun a most natural\\nand wholesome movement, which might easily be\\nchecked, with disastrous results, by the injudicious\\nappropriation of national revenue for the\\ngovernment aid of southcm schools. It is to bc hoped\\nis germinat-\\ning in the that throughout the southern states, as for-\\nmerly in Michigan, the self-governing school\\ndistrict may prepare the way for the self-governing\\ntownship, with its deliberative town-meeting. Such a\\ngrowth must needs be slow, inasmuch as it requires\\nlong political training on the part of the negroes and\\nthe lower classes of white people but it is along\\nsuch a line of development that such political training\\ncan best be acquired and in no other way is complete\\nharmony between the two races so likely to be secured.\\nDr. Edward Bemis, who in a profoundly interesting\\nessay has called attention to this function of the\\nschool district as a stage in the evolution of the town-\\nship, remarks also upon the fact that it is in the local\\nWoman suf- government of the school district that woman\\nfrage. suffrage is being tried. In several states\\nwomen may vote for school committees, or may be\\nelected to school committees, or to sundry adminis-\\ntrative school offices. At present (1894) there are\\nnot less than twenty-one states in which women have\\nschool suffrage. In Colorado and Wyoming wopien\\nhave full suffrage, voting at municipal, state, and\\nnational elections. In Kansas they have mu.nicij)al\\nLocal Government in Michigan and the Northwest, J. H. U.\\nStudies, I.^ V.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0132.jp2"}, "133": {"fulltext": "TOWNSHIP-COUNTY SYSTEM. 95\\nsuffrage, aud a constitutional amendment granting\\nthem full suffrage is now awaiting ratification. In\\nEngland, it may be observed, unmarried women and\\nwidows wlio pay taxes vote not only on school mat-\\nters, but generally in the local elections of vestries,\\nboroughs, and poor-law unions. In the new Parish\\nCouncils Bill this municipal suffrage is extended to\\nmarried women. In the Isle of Man women vote for\\nmembers of Parliament. In Australia they have\\nlong had municipal suffrage, and in 1893 they were\\nendowed with full rights of suffrage in New Zea-\\nland.\\nThe historical reason why the suffrage has so gen-\\nerally been restricted to men is perhaps to be sought\\nin the conditions under which voting originated. In\\nprimeval times voting was probably adopted as a sub-\\nstitute for fighting. The smaller and presumably\\nweaker party yielded to the larger without an actual\\ntrial of physical strength heads were counted in-\\nstead of being broken. Accordingly it was only the\\nwarriors who became voters. The restriction of polit-\\nical activity to men has also probably been empha-\\nsized by the fact that all the higher civilizations have\\npassed through a well-defined patriarchal stage of\\nsociety in which each household was represented by\\nits oldest warrior. From present indications it would\\nseem that under the conditions of modern industrial\\nsociety the arrangements that have so long subsisted\\nare likely to be very essentially altered.\\nQUESTIONS ON THE TEXT.\\n1. Describe the origin and development of the town-meeting in\\nMichigan.\\n2. Describe the settling of southern Illinois.\\n3. Describe the settling of northern Illinois.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0133.jp2"}, "134": {"fulltext": "96 TOWNSHIP AND COUNTY.\\n4. What difference in thought and feeling existed between these\\nsections\\n5. What systems of local government came into rivalry in Illi-\\nnois, and why\\n6. What compromise between them was put into the state con-\\nstitution\\n7. Which system, the town or the county, has shown the greatei\\nvitality, and why\\n8. What obstacles has the town system to work against\\n9. Show how the principle of local option in government ha\u00c2\u00a3\\nbeen applied in Missouri, Nebraska, Minnesota, and Da-\\nkota.\\n10. What two grades of town government exist west of the\\nAlleghanies\\n11. What objection exists to large coimty boards of govern-\\nment\\n12. Why is our country an excellent field for the study of the\\nprinciples of government\\n13. What unmistakable tendency in the case of township govern-\\nment is noticeable\\n14. Speak of township government in the South.\\n15. What part have women in the affairs of the school district\\nin many states\\n16. What is the historical reason why suffrage has been restricted\\nto men\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\nIt may need to be repeated (see page 12) that it is not expected\\nthat each pupil shall answer all the miscellaneous questions put, or\\nrespond to all the suggestions made in this book. Indeed, the\\nteacher may be pardoned if now and then he finds it difficult\\nhimself to answer a question, particularly if it is framed to\\nprovoke thought rather than lead to a conclusion, or if it is bet-\\nter fitted for some other community or part of the country than\\nthat in which he lives. Let him therefore divide the questions\\namong his pupils, or assign to them selected questions. In cases\\nthat call for special knowledge, let the topics go to pupils who\\nmay have exceptional facilities for information at home.\\nThe important point is not so much the settlement of all the\\nquestions proposed as it is the encouragement of the inquiring\\nand thinking spirit on the part of the pupil.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0134.jp2"}, "135": {"fulltext": "TOWNSHIP-COUNTY SYSTEM. 97\\n1. What impression do you get from this chapter about the hold\\nof town government upon popular favour\\n2. What do you regard as the best features of town govern-\\nment\\n3. Is there any tendency anywhere to divide towns into smaller\\ntowns If it exists, illustrate and explain it.\\n4. Is there any tendency anywhere to unite towns into larger\\ntowns or into cities If it exists, illustrate and explain it\\n5. In every town-meeting there are leaders, usually men oi\\ncharacter, ability, and means. Do you understand that\\nthese men practically have their own way in town affairs,\\nthat the voters as a whole do but little more than fall\\nin with the wishes and plans of their leaders Or is\\nthere considerable independence in thought and action on\\nthe side of the voters\\n6. Can a town do what it pleases, or is it limited in its action\\nIf limited, by whom or by what is it restricted, and where\\nare the restrictions recorded (Consult the Statutes.)\\n7. Why should the majority rule in town-meeting Suggest,\\nif possible, a better way.\\n8. Is it, on the whole, wise that the vote of the poor man shall\\ncount as much as that of the rich, the vote of the igno-\\nrant as much as that of the intelligent, the vote of the\\nunprincipled as much as that of the high-toned\\n9. Have the poor, the ignorant, or the unprincipled any inter-\\nests to be regarded in government\\n10. Is the single vote a man casts the full measure of his influ-\\nence and power in the town-meeting\\n1 1 What are the objections to a suffrage restricted by property\\nand intellectual qualifications To a suffrage unre-\\nstricted by such qualifications\\n12. Do women vote in your town If so, give some account of\\ntheir voting and of the success or popularity of the plan.\\nl Is lynch law ever justifiable\\n14. Ought those who resort to lynch law to be punished If\\nso, for what\\n15. Compare the condition or government of a community where\\nlynch law is resorted to with the condition or government\\nof a community where it is unknown.\\n16. May the citizen who is not an officer of the law interfere (1)\\nto stop the fighting of boys in the public streets, (2) to\\ncapture a thief who is plying his trade, (3) to defend a", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0135.jp2"}, "136": {"fulltext": "98 TOWNSHIP AND COUNTY.\\nperson who is brutally assaulted Is there anything like\\nlynch law in such interference Where does the citizen s\\nduty begin and end in such cases\\n1 7. How came the United States to own the public domain or\\nany part of it? (Consult my Critical Period of Amer,\\nHist, pp. 187-207.)\\n18. How does this domain get into the possession of individuals\\n19. Is it right for the United States to give any part of it away\\nIf right, under what conditions is it right If wrong,\\nunder what conditions is it wrong\\n20. What is the homestead act of the United States, and what\\nis its object\\n2 1 Can perfect squares of the same size be laid out with the\\nrange and township lines of the public surveys Are all\\nthe sections of a township of the same size Explain.\\nBIBLIOGRAPHICAL NOTE.\\n1. Various Local Systems. H. U. Studies, I., vi.,\\nEdward Ingle, Parish Institutions of Maryland I., vii., John\\nJohnson, Old Maryland Manors I., xii., B. J. Ramage, Local\\nGovernment and Free Schools in South Carolina III., v.-vii., L.\\nW. Wilhelm, Local Institutions of Maryland y IV., i., Irving El-\\ntiug, Dutch Village Communities on the Hudson River.\\n2. Settlement of the Public Domain. H. U.\\nStudies, III., i., H. B. Adams, Maryland s Influence upon Land\\nCessions to the United States IV., vii.-ix., Shoshuke Sato, His-\\ntory of the Land Question in the United States.\\n3. The Representative Township-County System.\\nJ. H. U. Studies, I., iii., Albert Shaw, Local Government in Illi-\\nnois I., v., Edward Bemis, Local Government in Michigan and the\\nNorthwest; II., vii., Jesse Macy, Institutional Beginnings in a\\nWestern State (Jowd). For further illustration of one set of\\ninstitutions supervening upon another, see also V., v.-vi., J. G.\\nBourinot, Local Government in Canada VIII., iii., D. E. Spen-\\ncer. Local Government in Wisconsin.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0136.jp2"}, "137": {"fulltext": "CHAPTER V.\\nTHE CITY.\\n1. Direct and Indirect Government.\\nIn the foregoing survey of local institutions and\\ntheir growth, we have had occasion to compare and\\nsometimes to contrast two different methods\\nof government as exemplified on the one foregoing\\nhand in the township and on the other hand\\nin the county. In the former we have direct govern-\\nment by a primary assembly/ the town-meeting in\\nthe latter we have indirect government by a represen-\\ntative board. If the county board, as in colonial Vir-\\nginia, perpetuates itself, or is appointed otherwise than\\nby popular vote, it is not strictly a representative\\nboard, in the modern sense of the phrase the govern-\\nment is a kind of oligarchy. If, as in colonial Penn-\\nsylvania, and in the United States generally to-day,\\nthe county board consists of officers elected by the\\npeople, the county government is a representative\\ndemocracy. The township government, on the other\\nhand, as exemplified in New England and in the\\nnorthwestern ^states which have adopted it, is a pure\\ndemocracy, ^he latter, as we have observed, has one\\nsignal advantage over all other kinds of government,\\n1 A primary assembly is one in which the members attend of\\ntheir own right, without having been elected to it a representa*\\ntive assembly is coraposed of elected delegates.\\nL.ofC.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0137.jp2"}, "138": {"fulltext": "100 THE CITY.\\nin so far as it tends to make every man feel that the\\nbusiness of government is part of his own business,\\nand that where he has a stake in the management of\\npublic affairs he has also a voice. When people have\\ngot into the habit of leaving local affairs to be man-\\naged by representative boards, their active interest in\\nlocal affairs is liable to be somewhat weakened, as all\\nenergies in this world are weakened, from want of\\nexercise. When some fit subject of complaint is\\nbrought up, the individual is too apt to feel that it is\\nnone of his business to furnish a remedy, let the\\nproper officers look after it. He can vote at elec.\\ntions, which is a power he can perhaps make a stir in\\nthe newspapers, which is also a power but personal\\nparticipation in to^vn-meeting\u00e2\u0096\u00a0 is likewise a power, the\\nnecessary loss of which, as we pass to wider spheres\\nof government, is unquestionably to be regretted.\\nNevertheless the loss is inevitable. A primary\\nassembly of all the inhabitants of a county, for pur-\\nposes of local government, is out of the question.\\nDirect gov- There must be representative government,\\npossibieMra ^iifl for this purpose the county system, an\\ncounty. inheritance from the ancient English shire,\\nhas furnished the needful machinery. Our county\\ngovernment is near enough to the people to be kept in\\ngeneral from gross abuses of power. There are many\\npoints which can be much better decided in small rep-\\nresentative bodies than in large miscellaneous meetings.\\nThe responsibility of our local boards has been fairly\\nwell preserved. The county system has had no mean\\nshare in keeping alive the spirit of local independence\\nand self-government avnong our people. As regards\\nefficiency of administration, it has achieved commend-\\nable success, except in the matter of rural highways\\nand if our roads are worse than those of any other", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0138.jp2"}, "139": {"fulltext": "DIRECT AND INDIRECT GOVERNMENT. 101\\ncivilized country, that is clue not so much to imperfect\\nadministrative methods as to other causes, such as\\nthe sparseness of population, the fierce extremes of\\nsunshine and frost, and the fact that since this huge\\ncountry began to be reclaimed from the wilderness,\\nthe average voter, who has not travelled in Europe,\\nknows no more about good roads than he knows about\\nthe temples of Psestum or the pictures of Tintoretto,\\nand therefore does not realize what demands he may\\nreasonably make.\\nThis last consideration applies in some degree, no\\ndoubt, to the ill-paved and filthy streets which are the\\nfirst things to arrest one s attention in most of our\\ngreat cities. It is time for us now to consider briefly\\nour general system of city government, in its origin\\nand in some of its most important features.\\nRepresentative government in counties is necessi-\\ntated by the extent of territory covered in cities it\\nis necessitated by the multitude of people. When the\\ntown comes to have a very laro^e population,\\n1 n Mil The Boston\\nit becomes physicallv impossible to have town-meet-\\n-vT 111 T 1 ing ia 1820.\\ntown-meetings. JNo way could be devised\\nby which all the taxpayers of the city of New York\\ncould be assembled for discussion. In 1820 the pop-\\nulation of Boston was about 40,000, of whom rather\\nmore than 7,000 were voters qualified to attend the\\ntown-meetings. Consequently when a town-meeting\\nwas held on any exciting subject in Faneuil Hall,\\nthose only who obtained places near the moderator\\ncould even hear the discussion. A few busy or in-\\nterested individuals easily obtained the management\\nof the most important affairs in an assembly in which\\nthe greater number could have neither voice nor hear-\\ning. When the subject was not generally exciting,\\ntown-meetings were usually oomposed of the select-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0139.jp2"}, "140": {"fulltext": "102 THE CITY.\\nmen, the town officers, and thirty or forty inhabitants.\\nThose who thus came were for the most part drawn\\nto it from some official dnty or private interest, which,\\nwhen performed or attained, they generally troubled\\nthemselves but little, or not at all, about the other\\nbusiness of the meeting.\\nUnder these circumstances it was found necessary\\nin 1822 to drop the town meeting altogether and\\ndevise a new form of government for Boston.^ After\\nvarious plans had been suggested and discussed, it\\nwas decided that the new government shoidd be vested\\nin a Mayor a select council of eight persons to be called\\nthe Board of Aldermen and a Common Council of\\nforty-eight persons, four from each of twelve wards into\\nwhich the city was to be divided. All these officials\\nwere to be elected by the people. At the same time\\nthe official name Town of Boston was changed to\\nCity of Boston.\\nThere is more or less of history involved in these\\noffices and designations, to which we may devote a few\\nDistinctions ^ords of explanation. In New England\\ntOTwfand ^OQ^ usage there is an ambiguity in the word\\ncities. u town. As an official designation it means\\nthe inhabitants of a township considered as a commu-\\nnity or corporate body. In common parlance it often\\nmeans the patch of land constituting the township on\\nthe map, as when we say that Squire Brown s elm is\\nthe biggest tree in town. But it stiU oftener means\\na collection of streets, houses, and families too large\\nto be called a village, but without the nninicipal gov-\\nernment that characterizes a city. Sometimes it is\\nused 2)ar excellence for a city, as when an inhabitant\\nof Cambridge, itself a large suburban city, speaks of\\ngoing to Boston as going into town. But such\\nQuincy s Municipal History of Boston, p. 28.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0140.jp2"}, "141": {"fulltext": "DIRECT AND INDIRECT GOVERNMENT. 103\\neases are of course mere survivals from the time when\\nthe suburb was a village. In American usage gener-\\nally the town is something between village and city, a\\nkind of inferior or incomplete city. The image which\\nit calls up in the mind is of something urban and not\\nrural. This agrees substantially with the usage in\\nEuropean history, where town ordinarily means a\\nwalled town or city as contrasted with a village. In\\nEngland the word is used either in this general sense,\\nor more specifically as signifying an inferior city, as\\nin America. But the thing which the town lacks, as\\ncompared with the complete city, is very different in\\nAmerica from what it is in England. In America it\\nis municipal government with mayor, aldermen, and\\ncommon council which must be added to the town\\nin order to make it a city. In England the town may\\n(and usually does) have this municipal government\\nbut it is not distinguished by the Latin name city\\nunless it has a cathedral and a bishop. Or in other\\nwords the English city is, or has been, the capital of\\na diocese. Other towns in England are distinguished\\nas boroughs, an old Teutonic word which was orig-\\ninally applied to towns as fortified places.^ The vo-\\nting inhabitants of an English city are called citi-\\nzens; those of a borough are called burgesses.\\nThus the official corporate designation of Cambridge\\nis the mayor, aldermen, and burgesses of Cam-\\nbridge but Oxford is the seat of a bishopric, and\\nits corporate designation is the mayor, aldermen, and\\ncitizens of Oxford.\\n1 The word appears in many town names, such as Edin-\\n6urgh, Scarborough, Canterbury, Bury St. Edmunds and on the\\nContinent, as Hamburg, Cherbourg, Burgos, etc. In Connecticut,\\nNew Jersey, Pemisylvania, and Minnesota, the name borough\\nis applied to a certain class of municipalities with some of the\\npowers of cities.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0141.jp2"}, "142": {"fulltext": "104 THE CITY.\\nQUESTIONS ON THE TEXT.\\n1. What is the essential difference between township goveru\u00c2\u00ab\\nment and county government\\n2. What is the distinct advantage of the former\\n3. Why is direct government impossible in the county\\n4. Speak of the degree of efficiency in county government.\\n5. Why is direct government impossible in a city\\n6. What difficulties in direct government were experienced in\\nBoston in 1820 and many years preceding\\n7. What remedy for these difficulties was adopted\\n8. Show how the word town is used to indicate\\na. The land of a township.\\nh. A somewhat large collection of streets, houses, and fam-\\nilies.\\nc. And even, in some instances, a city.\\n9. What is the town commonly miderstood to be in American\\nusage\\n10. What is the difference in the United States between a town\\nand a city\\n11. What is the difference in England between a town and a\\ncity?\\n12. Distinguish between citizens and burgesses in England.\\n2. Origin of English Boroughs and Cities.\\nWhat, then, was the origin of the English borough\\nor city In the days when Roman legions occupied\\nfor a long time certain military stations in\\nChesters.\\nBritain, their camps were apt to become\\ncentres of trade and thus to grow into cities. Such\\nplaces were generally known as casters or chesters,\\nfrom the Latin castra, camp, and there are many\\nof them on the map of England to-day. But these\\nwere exceptional cases. As a rule the origin of the\\nborough was as purely English as its name. We have\\nseen that the town was originally the dwelling-place\\nCoalescence ^f a Stationary clan, surrounded by palisades\\ntotoTortifled ^r by a dense quickset hedge. Now where\\nboroughs. guch Small cncloscd places were thinly scat\\ntered about they developed simply into villages. But", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0142.jp2"}, "143": {"fulltext": "ENGLISH BOROUGHS AND CITIES. 105\\nwhere, through the development of trade or any other\\ncause, a good many of them grew up close together\\nwithin a narrow compass, they gradually coalesced into\\na kind of compound town and with the greater pop-\\nulation and greater wealth, there was naturally more\\nelaborate and permanent fortification than that of the\\npalisaded village. There were massive walls and\\nfrowning turrets, and the place came to be called a\\nfortress or borough. The borough, then, was sim-\\nply several townships packed tightly together a hun-\\ndred smaller in extent and thicker in population than\\nother hundreds.\\nFrom this compact and composite character of the\\nborough came several important results. We have\\nseen that the hundred was the smallest area\\nThe borough\\nfor the administration of iustice. The town- as a hun-\\ndred.\\nship was in many respects self-governmg,\\nbut it did not have its court, any more than the New\\nEngland township of the present day has its court.\\nThe lowest court was that of the hundred, but as the\\nborough was equivalent to a hundred it soon came to\\nhave its own court. And although much obscurity\\nstill surrounds the early history of municipal govern-\\nment in England, it is probable that this court was a\\nrepresentative board, like any other hundred court,\\nand that the relation of the borough to its constituent\\ntownships resembled the relation of the modern city\\nto its constituent wards.\\nBut now as certain boroughs grew larger and an-\\nnexed outlying townships, or acquired adjacent terri-\\ntory which presently became covered with xheborougi\\nstreets and houses, their constitution became county-\\nstill more complex. The borough came to embrace\\n1 Freeman, Norman Conquest, vol. v. p. 466, For a descrip-\\ntion of the hundred^ see above, pp. 75-80.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0143.jp2"}, "144": {"fulltext": "106 THE CITY.\\nseveral closely packed hundreds, and thus became\\nanalogous to a shire. In this way it gained for itself\\na sheriff and the equivalent of a county court. For\\nexample, under the charter granted by Henry I. in\\n1101, London was expressly recognized as a county\\nby itself. Its burgesses could elect their own chief\\nmagistrate, who was called the port-reeve, inasmuch\\nas London is a seaport in some other towns he was\\ncalled the borough-reeve. He was at once the chief\\nexecutive officer and the chief judge. The burgesses\\ncould also elect their sheriff, although in all rural\\ncounties Henry s father, William the Conqueror, had\\nlately deprived the people of this privilege and ap-\\npointed the sheriffs himself. London had its rep-\\nresentative board, or council, which was the equiva.-\\nlent of a county court. Each ward, moreover, had its\\nown representative board, which was the equivalent of\\na hundred court. Within the wards, or hundreds,\\nthe burgesses were grouped together in township, par-\\nish, or manor. Into the civic organization of\\nLondon, to whose special privileges all lesser cities\\nwere ever striving to attain, the elements of local ad-\\nministration embodied in the township, the hundred,\\nand the shire thus entered as component parts.\\nConstitutionally, therefore, London was a little world\\nin itself, and in a less degree the same was true of\\nother cities and boroughs which afterwards obtained\\nthe same kind of organization, as for example, York\\nand Newcastle, Lincoln and Norwich, Southampton\\nand Bristol.\\nIn such boroughs or cities all classes of society\\nwere brou^-ht into close contact, barons\\nThe guilds. i i i\\nand knights, priests and monks, merchants\\n1 Haniiis Taylor, Origin and Growth of the English Constilu^\\ntion, vol. i. p. 458.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0144.jp2"}, "145": {"fulltext": "ENGLISH BOROUGHS AND CITIES. 107\\nand craftsmen, free labourers and serfs. But trades\\nand manufactures, which always had so much to do\\nwith the growth of the city, acquired the chief power\\nand the control of the government. From an early\\nperiod tradesmen and artisans found it worth while\\nto form themselves into guilds or brotherhoods, in\\norder to protect their persons and property against\\ninsult and robbery at the hands of great lords and\\ntheir lawless military retainers. Thus there came to\\nbe guilds, or worshipful companies, of grocers, fish-\\nmongers, butchers, weavers, tailors, ironmongers, car-\\npenters, saddlers, armourers, needle-makers, etc. In\\nlarge towns there was a tendency among such trade\\nguilds to combine in a united brotherhood, or\\ntown guild, and this organization at length ac-\\nquired full control of the city government. In Lon-\\ndon this process was completed in the course of the\\nthirteenth century. To obtain the full privileges of\\ncitizenship one had to be enrolled in a guild. The\\nguild hall became the city hall. The aldermen, or\\nhead men of sundry guilds, became the head Mayor, aider-\\nmen of the several wards. There was a c ^^on\\nrepresentative board, or common council,\\nelected by the citizens. The aldermen and common\\ncouncil held their meetings in the Guildhall, and\\nover these meetings presided the chief magistrate, or\\nport-reeve, who by this time, in accordance with the\\nfashion then prevailing, had assumed the French title\\nof m,ayor. As London had come to be a little world\\nin itself, so this city government reproduced on a small\\nscale the national government the mayor answering\\nto the king, the aristocratic board of aldermen to the\\nHouse of Lords, and the democratic common council\\nto the House of Commons. A still more suggestive\\ncomparison, perhaps, would be between the aldermen", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0145.jp2"}, "146": {"fulltext": "108 THE CITY.\\nand our federal Senate, since the aldermen represented\\nwards, while the common council represented the\\ncitizens.\\nThe constitution thus perfected in the city of Lon-\\ndon 1 six hundred years ago has remained to this day\\nThe city of without csscntial change. The voters are\\nLondon. enrolled members of companies which rep\\nresent the ancient guilds. Each year they choose\\none of the aldermen to be lord mayor. Within the\\ncity he has precedence next to the sovereign and be=\\nfore the royal family elsewhere he ranks as an earl,\\nthus indicating the equivalence of the city to a county,\\nand with like significance he is lord lieutenant of the\\ncity and justice of the peace. The twenty-six alder-\\nmen, one for each ward, are elected by the people,\\nsuch as are entitled to vote for members of parlia-\\nment they are justices of the peace. The common\\ncouncilmen, 206 in number, are also elected by the\\npeople, and their legislative power within the city is\\npractically supreme parliament does not think of\\noverruling it. And the city government thus con-\\nstituted is one of the most clean-handed and efficient\\nin the world.^\\nThe development of other English cities and bor-\\noughs was so far like that of London that merchant\\nguilds generallj obtained control, and government by\\nmayor, aldermen, and common council came to be the\\nThe city of London extends east and west from the Tower\\nto Temple Bar, and north and south from Finsbury to the\\nThames, with a population of not more than 100,000, and is but\\na small part of the enormous metropolitan area now known as\\nLondon, which is a circle of twelve mUes radius in every direc-\\ntion from its centre at Charing Cross, with a population of more\\nthan 5,000,000. This vast area is an agglomeration of many par.\\nishes, manors, etc., and has no municipal government in common.\\nLoftie, History of London, vol. i. p. 446.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0146.jp2"}, "147": {"fulltext": "ENGLISH BOROUGHS AND CITIES. 109\\nprevailing type. Having also tlieir own judges and\\nsheriffs, and not being obliged to go out- EngUsh\\nside of tlieir own walls to obtain justice, to b^ tarks of\\nenforce contracts and punish crime, their ^y-\\nefficiency as independent seH-governing bodies was\\ngreat, and in many a troubled time they served as\\nstaunch bulwarks of English liberty. The strength\\nof their turreted walls was more than supplemented\\nby the length of their purses, and such immunity\\nfrom the encroachments of lords and king as they\\ncould not otherwise win, they contrived to buy. Ar-\\nbitrary taxation they generally escaped by compounding\\nwith the royal exchequer in a fixed sum or quit-rent,\\nknown as the firma hurgi. We have observed the\\nespecial privilege which Henry I. confirmed to Lon-\\ndon, of electing its own sheriff. London had been\\nprompt in recognizing his title to the crown, and such\\nsupport, in days when the succession was not well\\nregulated, no prudent king could afford to pass by\\nwithout some substantial acknowledgment. It was\\nnever safe for any king to trespass upon the liberties\\nof London, and through the worst times that city has\\nremained a true republic with liberal republican sen-\\ntiments. If George III. could have been guided by\\nthe advice of London, as expressed by its great alder-\\nman Beckford, the American colonies would not have\\nbeen driven into rebellion.\\nThe most signal part played by the English bor-\\noughs and cities, in securing English freedom, dates\\nfrom the thirteenth century, when the nation was\\nvaguely struggling for representative government on\\na national scale, as a means of curbing the power of\\nthe crown. In that memorable struggle, the issue of\\nwhich to some extent prefigured the shape that the gov-\\nernment of the United States was to take five hundred", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0147.jp2"}, "148": {"fulltext": "110 THE CITY.\\nyears afterward, the cities and borouglis supported\\nSimon de Simon de Montforfc, the leader of the poj)-\\n^Ttiw* ular party and one of the foremost among\\ncities. ^jjg lieroes and martyrs of English liberty.\\nAccordingly on the morrow of his decisive victory at\\nLewes in 1264, when for the moment he stood master\\nof England, as Cromwell stood four centuries later,\\nSimon called a parliament to settle the affairs of the\\nkingdom, and to this parliament he invited, along with\\nthe lords who came by hereditary custom, not only\\ntwo elected representatives from each rural county,\\nbut also two elected representatives from each city and\\nborough. In this parliament, which met in 1265,\\nthe combination of rural with urban representatives\\nbrought all parts of England together in a grand\\nrepresentative body, the House of Commons, with\\ninterests in common and thus the people presently\\ngained power enough to defeat all attempts to estab-\\nlish irresponsible government, such as we call despot-\\nism, on the part of the crown.\\nIf we look at the later history of English cities and\\nboroughs, it appears that, in spite of the splendid\\nwork which they did for the English people at large,\\nthey did not always succeed in preserving their own\\nliberties unimpaired. London, indeed, has\\nabuses^ iir* always maintained its character as a truly rep-\\ncittes%ir. resentative republic. But in many English\\ncities, during the Tudor and Stuart periods,\\nthe mayor and aldermen contrived to dispense with\\npopular election, and thus to become close corporations\\nor self-perpetuating oligarchical bodies. There was a\\nnotable tendency toward this sort of irresponsible\\ngovernment in the reign of James I., and the Puri-\\ntans who came to the shores of Massachiisetts Bay\\nwere inspired with a feeling of revolt against such", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0148.jp2"}, "149": {"fulltext": "ENGLISH BOROUGHS AND CITIES. Ill\\nmethods. This doubtless lent an emphasis to the\\nmood in which they proceeded to organize themselves\\ninto free self-governing townships. The oligarchical\\nabuses in English cities and boroughs remained until\\nthey were swept away by the great Municipal Reform\\nAct of 1835.\\nThe first city governments established in America\\nwere framed in conscious imitation of the correspond-\\ning institutions in England. The oldest city govern-\\nment in the United States is that of New York. Shortly\\nafter the town was taken from the Dutch in 1664, the\\nnew governor, Colonel Nichols, put an end to its\\nDutch form of government, and appointed a mayor,\\nfive aldermen, and a sheriff. These officers Government\\nappointed inferior officers, such as eonsta- ofNewTMk\\nbles, and little or nothing was left to popular (I686-1821).\\nelection. But in 1686, under Governor Dongan, New\\nYork was regularly incorporated and chartered as a\\ncity. Its constitution bore an especially close resem-\\nblance to that of Norwich, then the third city in Eng-\\nland in size and importance. The city of New York\\nwas divided into six wards. The governing corpora-\\ntion consisted of the mayor, the recorder, the town-\\nclerk, six aldermen, and six assistants. All the land\\nnot taken up by individual owners was granted as public\\nland to the corporation, which in return paid into the\\nBritish exchequer one beaver-skin yearly. This was\\na survival of the old quit-rent or firma hurgi} The\\ncity was made a county, and thus had its court, its\\nsheriff and coroner, and its high constable. Other\\nofficers were the chamberlain or treasurer, seven infe-\\nrior constables, a sergeant-at-arms, and a clerk of the\\nmarket, who inspected weights and measures, and pun-\\nJameson, The Municipal Government of New York,\\nMag. Amer. Hist., vol. viii. p. 609.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0149.jp2"}, "150": {"fulltext": "112 THE CITY.\\nished delinquencies in tlie use of them. The principal\\njudge was the recorder, who, as we have just seen,\\nwas one of the corporation. The aldermen, assist-\\nants, and constables were elected annually by the\\npeople but the mayor and sheriff were appointed by\\nthe governor. The recorder, town-clerk, and clerk of\\nthe market were to be appointed by the king, but in\\ncase the king neglected to act, these appointments\\nalso were made by the governor. The high consta-\\nble was appointed by the mayor, the treasurer by\\ntha mayor, aldermen, and assistants, who seem to\\nhave answered to the ordinary common council. The\\nmayor, recorder, and aldermen, without the assistants,\\nwere a judicial body, and held a weekly court of com-\\nmon pleas. When the assistants were added, the\\nwhole became a legislative body empowered to enact\\nby-laws.\\nAlthough this charter granted very imperfect powers\\nof self-government, the people contrived to live imder\\nit for a hundred and thirty-five years, until 1821.\\nBefore the Revolution their petitions succeeded in ob-\\ntaining only a few unimportant amendments.^ When\\nthe British army captured the city in September, 1776,\\nit was forthwith placed under martial law, and so re-\\nmained until the army departed in November, 1783.\\nDuring those seven years New York was not altogether\\na comfortable place in which to live. After 1783 the\\ncity government remained as before, except that the\\nstate of New York assumed the control formerly ex-\\nercised by the British crown. Mayor and recorder,\\ntown-clerk and sheriff, were now appointed by a coun-\\ncil of appointment consisting of the governor and\\nfour senators. This did not work well, and the con-\\nstitution of 1821 gave to the people the power of\\nEspecially in the so-called Montgomerie charter of 1730.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0150.jp2"}, "151": {"fulltext": "ENGLISH BOROUGHS AND CITIES. 113\\nchoosing their sheriff and town-clerk, while the mayor\\nwas to be elected by the common coimcil. Nothing\\nbut the appointment of the recorder remained in the\\nhands of the governor. Thus nearly forty years after\\nthe close of the War of Independence the city of\\nNew York acquired self-government as complete as\\nthat of the city of London. In 1857, as we shall see,\\nthis self-government was greatly curtailed, with re-\\nsults more or less disastrous.\\nThe next city governments to be organized in the\\nAmerican colonies, after that of New York, were\\nthose of Pliiladelphia, incorporated in 1701, and An-\\nnapolis, incorporated in 1708. These govern- city govern-\\nments were framed after the wretched pat- phuadeipwa\\ntern then so common in England. In both (i70i-i789).\\ncases the mayor, the recorder, the aldermen, and the\\ncommon council constituted a close self-electing cor-\\nporation. The resulting abuses were not so great as\\nin England, probably because the cities were so small.\\nBut in course of time, especially in Philadelphia\\nas it increased in population, the vlciousness of the\\nsystem was abundantly illustrated. As the people\\ncould not elect the governing corporation or any of its\\nmembers, they very naturally and reasonably dis-\\ntrusted it, and through the legislature they contrived\\nso to limit its powers of taxation that it was really\\nunable to keep the streets in repair, to light them at\\nnight, or to support an adequate police force. An\\nattempt was made to supply such wants by creating\\ndivers independent boards of commissioners, one for\\npaving and draining, another for street-lamps and\\nwatchmen, a third for town-pumps, and so on. In this\\nway responsibility got so minutely parcelled out and\\nscattered, and there was so much jealousy and wrang-\\nling between the diffei ent boards and the corporation,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0151.jp2"}, "152": {"fulltext": "114 THE CITY.\\nthat the result was chaos. The public money was\\nhabitually wasted and occasionally embezzled, and\\nthere was general dissatisfaction. In 1789 the close\\ncorporation was abolished, and thereafter the aldermen\\nand common council were elected by the citizens, the\\nmayor was chosen by the aldermen out of their own\\nnumber, and the recorder was appointed by the mayor\\nand aldermen. Thus Philadelphia obtained a repre-\\nsentative government.\\nThese instances of New York and Philadelphia\\nsufficiently illustrate the beginnings of city govern-\\nment in the United States. In each case the system\\nwas copied from England at a time when city govern-\\nment in England was sadly demoralized. What was\\ncopied was not the free republic of London, with its\\nnoble traditions of civic honour and sagacious public\\nspirit, but the imperfect republics or oligarchies into\\nwhich the lesser English boroughs were sinking, amid\\nthe foul political intrigues and corruption which char-\\nacterized the Stuart period. The government of\\nAmerican cities in our own time is admitted on all\\nTraditions hauds to be far from satisfactory. It is in-\\nermnen/ tcrcsting to observc that the cities which had\\nlacking. municipal government before the Revolu-\\ntion, though they have always had their full share of\\nable and high-minded citizens, do not possess even the\\ntradition of good government. And the difficulty, in\\nihose colonial times, was plainly want of adequate\\nself-government, want of responsibility on the part of\\nthe public servants toward their employers the people.\\nQUESTIONS ON THE TEXT.\\n1 What was the origin of the casters and cliesters that are found\\nin England to-day\\n2. Trace the development of the English borough until it be-\\ncame a kind of hundred.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0152.jp2"}, "153": {"fulltext": "ENGLISH BOROUGHS AND CITIES. 115\\n3. Compare this borough with the hundred in the administra-\\ntion of justice.\\n4. Trace the further development of the borough in cases in\\nwhich it became a county.\\n5. Illustrate this development with London, showing how the\\nelements of the township, the hundred, and the shire gov-\\nernment enter into its civic organization.\\n6. Explain the origin and the objects of the various guilds.\\n7. Speak of the town guild under the following heads\\na. Its composition and power.\\nb. Its relation to citizenship.\\nc. Its place of meeting.\\nd. The aldermen.\\ne. The common council.\\nf. The chief magistrate.\\n8. Compare the government of London with that of Great\\nBritain or of the United States.\\n9. Give some account of the lord mayor, tiie aldermen, and\\nthe councilmen of London.\\n10. Distinguish between London the city and London the me-\\ntropolis.\\n11. Show how the English cities and boroughs became bulwarks\\nof liberty by (1) their facilities for obtaining justice, (2)\\nthe strength of their walls, and (3) the length of their\\npurses.\\n12. Contrast the power of London with that of the throne.\\n13. What notable advance in government was made under the\\nleadership of Simon de Montfort\\n14. What abuses crept into the government of many of the\\nEnglish cities\\n15. What was the Puritan attitude towards such abuses\\n16. Give an account of the government of New York city\\na. The charter of 1686.\\nh. The governing corporation.\\nc. The public land.\\nd. The city s privileges as a county.\\ne. Officers by election and by appointment.\\nf. Judicial functions.\\ng. Martial law.\\nh. The charter of 1821.\\n17. Give an account of the government of Philadelphia:\u00e2\u0080\u0094*\\na. The governments after which it was patterned.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0153.jp2"}, "154": {"fulltext": "116 THE CITY.\\nb. The viciousness of the system adopted.\\nc. The legislative interference that was thus provoked.\\nd. The division of responsibility and the results of such\\ndivision.\\ne. The nature of the changes made in 1789.\\n1 8. Why are the traditions of good government lacking in the\\nolder American cities\\n3. The Government of Cities in the United States.\\nAt the present day American municipal govern-\\nments are for the most part constructed on the same\\ngeneral plan, though with many variations in detail.\\nSeveral fea- There is an executive department, with the\\nritygoTOr mayor at its head. The mayor is elected\\nments. |^y. ^j^g votcrs of the city, and holds office\\ngenerally for one year, but sometimes for two or\\nthree years, and in St. Louis and Philadelphia even\\nfor four years. Under the mayor are various heads of\\ndepartments, street commissioners, assessors, over-\\nseers of the poor, etc., sometimes elected by the\\ncitizens, sometimes appointed by the mayor or the\\ncity council. This city council is a legislative body,\\nusually consisting of two chambers, the aldermen and\\nthe common council, elected by the citizens but in\\nmany small cities, and a few of the largest, such as\\nNew York, Brooklyn, Chicago, and San Francisco,\\nthere is but one such chamber. Then there are city\\njiidges, sometimes appointed by the governor of the\\nstate, to serve for life or during good behaviour, but\\nusually elected by the citizens for short terms.\\nAll appropriations of money for city purposes are\\nmade by the city council and as a general rule this\\ncouncil has some control over the heads of executive\\ndepartments, which it exercises through committees.\\nThus there may be a committee upon streets, upon\\npublic buildings, upon parks or. almshouses or what-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0154.jp2"}, "155": {"fulltext": "THE GOVERNMENT OF CITIES. 117\\never the municipal government is concerned with.\\nThe head of a department is more or less dependent\\nupon his committee, and in practice this is found to\\ndivide and weaken responsibility. The heads of de-\\npartments are apt to be independent of one another,\\nand to owe no allegiance in common to any onCo\\nThe mayor, when he appoints them, usually does so\\nsubject to the approval of the city council or of one\\nbranch of it. The mayor is usually not a member of\\nthe city council, but can veto its enactments, which\\nhowever can be passed over his veto by a two thirds\\nmajority.\\nCity governments thus constituted are something\\nlike state governments in miniature. The relation\\nof the mayor to the city council is somewhat like that\\nof the governor to the state legislature, and of the\\npresident to the national congress. In theory\\nnothing could well be more republicanj^ or seemtowork\\nmore unlike such city governments as those\\nof New York and Philadelphia before the Ke volution.\\nYet in practice it does not seem to work well. New\\nYork and Philadelphia seem to have heard as many\\ncomplaints in the nineteenth century as in the eigh-\\nteenth, and the same kind of complaints, of exces-\\nsive taxation, public money wasted or embezzled, ill-\\npaved and dirty streets, inefficient police, and so on\\nto the end of the chapter. In most of our large cities\\nsimilar evils have been witnessed, and in too many of\\nthe smaller ones the trouble seems to be the same in\\nkind, only less in degree. Our republican government,\\nwhich, after making all due allowances, seems to work\\nremarkably well in rural districts, and in the states,\\nand in the nation, has certainly been far less success-\\nful as applied to cities. Accordingly our cities have\\ncome to furnish topics for reflection to which writers", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0155.jp2"}, "156": {"fulltext": "118 THE CITY.\\nand orators fond of boasting the unapproachable ex-\\ncellence of American institutions do not like to allude.\\nFifty years ago we were wont to speak of civil govern-\\nment in the United States as if it had dropped from\\nheaven or had been specially created by some kind of\\nmiracle upon American soil and we were apt to think\\nthat in mere republican forms there was some kind\\nof mystic virtue which made them a panacea for all\\npolitical evils. Our later experience with cities has\\nrudely disturbed this too confident frame of mind.\\nIt has furnished facts which do not seem to fit our\\nself-complacent theory, so that now our writers and\\nspeakers are inclined to vent their spleen upon the\\nunhappy cities, perhaps too unreservedly. We hear\\nthem called foul sinks of corruption and plague\\nspots on our body politic. Yet in all probability our\\ncities are destined to increase in number and to grow\\nlarger and larger so that perhaps it is just as well to\\nconsider them calmly, as presenting problems which\\nhad not been thought of when our general theory of\\ngovernment was first worked out a hundred years ago,\\nbut which, after we have been sufficiently taught by\\nexperience, we may hope to succeed in solving, just\\nas we have heretofore succeeded in other things. A\\ngeneral discussion of the subject does not fall within\\nthe province of this brief historical sketch. But our\\naccount would be very incomplete if we were to stop\\nshort of mentioning some of the recent attempts that\\nhave been made toward reconstructing our theories of\\ncity government and improving its practical working.\\nAnd first, let us point out a few of the pecul-\\nSome diffl-^\\ncuitiestobe iar difficulties of the problem, that we may\\nsee why we might have been expected, up to\\nthe present time, to have been less successful in man-\\naging our great cities than in managing our rural\\ncommunities, and our states, and our nation.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0156.jp2"}, "157": {"fulltext": "THE GOVEHNMENT OF CITIES. 119\\nIn the first place, the problem is comparatively new\\nand has taken us unawares. At the time of Wash-\\nington s inauguration to the presidency there were no\\nlarge cities in the tJhited States. Philadelphia had\\na population of 42,000 New York had R^pid\\n33,000; Boston, which came next, with i ^rLn\\n18,000, was not yet a city. Then came\\nBaltimore, with 13,000 while Brooklyn was a village\\nof 1,600 souls. Now these five cities have a popula-\\ntion of more than 4,000,000, or more than that of the\\nUnited States in 1789. And consider how rapidly\\nnew cities have been added to the list. One hardly\\nneeds to mention the most striking cases, such as\\nChicago, with 4,000 inhabitants in 1840, and at least\\n1,000,000 in 1890 or Denver, with its miles of hand-\\nsome streets and shops, and not one native inhabitant\\nwho has reached his thirtieth birthday. Such facts\\nare summed up in the general statement that, whereas\\nin 1790 the population of the United States was\\nscarcely 4,000,000, and out of each 100 inhabitants\\nonly 3 dwelt in cities and the other 97 in rural places\\non the other hand in 1880, when the population was\\nmore than -50,000,000, out of each 100 inhabitants 23\\ndwelt in cities and 77 in rural places. But duly to\\nappreciate the rapidity of this growth of cities, we\\nmust observe that most of it has been subsequent to\\n1840. In 1790 there were six towns in the United\\nStates that might be ranked as cities from their size,\\nthough to get this number we must include Boston.\\nIn 1800 the number was the same. By 1810 the\\nnumber had risen from 6 to 11 by 1820 it had\\nreached 13 by 1830 this thirteen had doubled and\\nbecome 26 and in 1840 there were 44 cities al-\\ntogether. The urban population increased from\\n210,873 in 1800 to 1,453,994 in 1840. But be-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0157.jp2"}, "158": {"fulltext": "120 2 HE CITY.\\ntween 1840 and 1880 the uumber of new cities which\\ncame into existence was 242, and the urban popula-\\ntion increased to 11,318,547. Nothing like this was\\never kno ^ai before in any part of the world, and per-\\nhaps it is not strange that such a tremendous develop-\\nment did not find our methods of government fully\\nprepared to deal with it.\\nThis I apidity of growth has entailed some impor-\\ntant consecpiences. In the first place it obliges the\\nSome conse- ^^1*} ^o make great outlays of money in order\\nthfs i^*pid^ to get inunediate results. Public works\\ngrowth. must be undertaken with a view to quick-\\nness rather than thoroughness. Pavements, sewers,\\nand reservoirs of some sort must be had at once, even\\nif inadequately planned and imperfectly constructed\\nand so, before a great while, the work must be done\\nover again. Such conditions of imperative haste in-\\ncrease the temptations to dishonesty as well as the\\nliability to errors of judgment on the part of the men\\nwho administer the public funds.^ Then the rapid\\ngrowth of a city, especially of a new city, requirmg the\\nimmediate construction of a certain amount of public\\nworks, almost necessitates the borrowing of money,\\nand debt means heavy taxes. It is like the case of\\na young man who, in order to secure a home for his\\nquickl) growing family, buys a house under a heavy\\nmortgage. Twice a year there comes in a great bill\\nfor interest, and in order to meet it he must econo-\\nmize in his table or now and then deny himself a new\\nsuit of clothes. So if a cit}^ has to tax heavily to pay\\nThis and some of the following considerations have been\\nably set forth and illustrated by Hon. Seth Low, president of\\nColumbia College, and lately mayor of Brooklyn, in an address\\nat Johns Hopkins University, published in H. U. Studies^\\nSupplementary Notes, no. 4.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0158.jp2"}, "159": {"fulltext": "THE GOVERNMENT OF CITIES. 121\\nits debts, it must cut down its current expenses some-\\nwhere, and the results are sure to be visible in more\\nor less untidiness and inefficiency. Mr. Low tells us\\nthat very few of our American cities have yet paid\\nin full the cost of their original water-works. Lastly,\\nmuch wastefulness results from want of foresight. It\\nis not easy to predict how a city will grow, or the na-\\nture of its needs a few years hence. Moreover, even\\nwhen it is easy enough to predict a result, it is not\\neasy to secure practical foresight on the part of a city\\ncouncil elected for the current year. Its\\nmembers are afraid of making taxes too practical\\nforesight.\\nheavy this year, and considerations of ten\\nyears hence are apt to be dismissed as visionary.\\nIt is always hard for us to realize how terribly soon\\nten years hence will be here. The habit of doing\\nthings by halves has been often commented on (and,\\nperhaps, even more by our own writers than by for-\\neigners) as especially noticeable in America. It has\\ndoubtless been fostered by the conditions which in so\\nmany cases have made it absolutely necessary to adopt\\ntemporary makeshifts. These conditions have pro-\\nduced a certain habit of mind.\\nLet us now observe that as cities increase in size\\nthe amount of government that is necessary tends in\\nsome respects to increase. Wherever there\\nGrowth in\\nis a crowd there is likely to be some need of complexity\\nof govern-\\nrules and regulations. In the country a dentin\\ncities.\\nman may build his house pretty much as he\\npleases but in the city he may be forbidden to build\\nit of wood, and perhaps even the thickness of the\\nparty walls or the position of the chimneys may come\\nin for some supervision on the part of the govern-\\nment. For further precaution against spreading fires,\\nthe city has an organized force of men, with costly", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0159.jp2"}, "160": {"fulltext": "122 THE CITY.\\neugiiies, engine-houses, and stables. In the country\\na board of health has comparatively little to do in\\nthe city it is often confronted with difficult sanitary\\nproblems which call for higlily paid professional skill\\non the part of physicians and chemists, architects and\\nplumbers, masons and engineers. So, too, the water\\nsupply of a great city is likely to be a complicated\\nbusiness, and the police force may well need as much\\nmanagement as a small army. In short, with a city,\\nincrease in size is sure to involve increase in complex-\\nity of organization, and this means a vast increase in\\nthe number of officials for doing the work and of de-\\ntails to be superintended. For example, let us enu-\\nmerate the executive department and officers of the\\ncity of Boston at the present time.\\nThere are three street commissioners with power to\\nlay out streets and assess damages thereby occasioned.\\nThese are elected by the people. Tlie following offi-\\ncers are appointed by the mayor, with the con-\\nMunicipal i\\nofficers in currcuce oi the aldermen a superintendent\\nBoston. c 1 T 1\\nor streets, an inspector oi buildings, three\\ncommissioners each for the fire and health departments,\\nfour overseers of the poor, besides a board of nine\\ndirectors for the management of almshouses, houses of\\ncorrection, lunatic hospital, etc. a city hospital board\\nof five members, five trustees of the public library,\\nthree commissioners each for parks and water-works\\nfive chief assessors, to estimate the value of property\\nand assess city, county, and state taxes a city collec-\\ntor, a superintendent of public buildings, five trus-\\ntees of Mount Hope Cemetery, six sinking fund com-\\nmissioners, two record commissioners, three registrars\\nof voters, a registrar pf births, deaths, and marriages,\\na city treasurer, city auditor, city solicitor, corporation\\ncounsel, city architect, city surveyor, superintendent of", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0160.jp2"}, "161": {"fulltext": "THE GOVERNMENT OF CITIES. 123\\nFaneuil Hall Market, superintendent of street lights,\\nsuperintendent of sewers, superintendent of printing,\\nsuperintendent of bridges, five directors of ferries,\\nharbour master and ten assistants, water registrar, in-\\nspector of provisions, inspector of milk and vinegar,\\na sealer and four deputy sealers of weights and meas-\\nures, an inspector of lime, three inspectors of petro-\\nleum, fifteen inspectors of pressed hay, a culler of\\nhoops and staves, three fence-viewers, ten field-drivers\\nand pound-keepers, three surveyors of marble, nine\\nsuperintendents of hay scales, four measurers of upper\\nleather, fifteen measurers of wood and bark, twenty\\nmeasurers of grain, three weighers of beef, thirty-\\neight weighers of coal, five weighers of boilers and\\nheavy machinery, four weighers of ballast and lighters,\\nninety-two undertakers, 150 constables, 968 election\\nofficers and their deputies. A few of these officials\\nserve without pay, some are paid by salaries fixed by\\nthe council, some by fees. Besides these there is a\\nclerk of the common council elected by that body, and\\nalso the city clerk, city messenger, and clerk of com-\\nmittees, in whose election both branches of the city\\ncouncil concur. The school committee, of twenty-\\nfour members, elected by the people, is distinct from\\nthe rest of the city government, and so is the board of\\npolice, composed of three commissioners appointed by\\nthe state executive.^\\nThis long list may serve to give some idea of the\\nmere quantity of administrative work re- How city\\nquired in a large city. Obviously under fom\u00e2\u0084\u00a2toTe\\nsuch circumstances city government must be- mystery.\\ncome more or less of a mystery to the great mass of cit-\\nizens. They cannot watch its operations as the inhab-\\nBugbee, The City Government of Boston, H. U. Studies^\\nv., iii.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0161.jp2"}, "162": {"fulltext": "124 III\\nil^iuts o( i\\\\ small villam^ can watch iUc j r\u00c2\u00bb\u00c2\u00bbrtH iHu\u00c2\u00ab; s of\\ntl oii ti \\\\vnsl\u00c2\u00bbij ami I oimtv j; i v M iinuMits. Miu li work\\nmust gx ou whuli ojumot ovt n l)t iutoUijiontly ovit-\\nioisod withi iit suoli spoolal IvhowKhI^o as it would l o\\niiJlo to oxpoot in tho avorai^o votor, ov |unliaps in any\\nVOtoi*. It l)tHV nu s t*\\\\oiHHlini\u00c2\u00bb ly tliflionlt tor tho t\u00c2\u00ab:K-\\npiyor to nj\u00c2\u00bbil\u00c2\u00bb ist;uul jnst what his n\u00c2\u00bbi\u00c2\u00bbnov i; os tor, or\\nhow tar tho oity oxponsos mi^ht roasonahly ho rothiootl\\nwul it beeomos wm spoiuliugly easy for muuioipal ecu-\\nrnptioj\\\\ to start ami aiH|niro a oi usiihM-ahh* ht atlwuy\\nbotort it oaii l o \u00c2\u00bbK tootoil aiul ohooktuh\\nlu some i-espeota city jiovtMimuMit is hanUM- to watoh\\nIntt^llijivntlv tlian tht \u00c2\u00ab;t vtMiunt nt o( tho stato ov of\\ntht nation, Vov thoso withn* s;-ovoi ninonts aro to sonio\\nextent limited to work of iwueral super vi-\\n\u00c2\u00bbVHH taiti\u00c2\u00bb sion. As lunnoarod witli tht oiiv, thov are\\nui,vstov,v jnoiv eouoernoil with tho ostablishniont and\\nthliU Sti tt\\nviui uiuuxmi entoieoniont o( I ortain ii enoral prinoiples,\\nand loss with tho aihninistration o i ondlossly\\nCHnuplieatotl details. I do woi moan to lu nndorstooil\\nas sayinji that theiv is not ploutv of intiieato det^vil\\nalnnit st^itt and national iiovornmonts. I am only\\neomparing i no thing with anothov, ami it seems to me\\nthat one chief dittieulty witli eity gx)vernment is the\\nbewilderini;- vastnovss and mnltifarionsnoss of the de-\\ntrails with whioli it is ei noerntHl. Tho nuulern eity\\nhas eome to be a hug\u00c2\u00a9 corporation IW carrying ivn a\\nlmi\u00c2\u00bbv business w Ith many branobos, niost of wliioh I all\\nfor speeial aptitude anil traii\\\\iug.\\nAs tJiese points have gradually foi ocd themselves\\nupon public atteutiivu theiv has been a ttMuh ni\u00c2\u00bbv iti many\\nYh\u00c2\u00bb u\u00c2\u00bb\u00c2\u00bb,vw our large oitios toward rtvuhuK Uing tluMi\\n?w urn r gx vernments on new principles. The most\\nnotiiH^able featuit of this tendency is the\\ninoi ease in tlu\u00c2\u00bb pi wors of the mayor. A Inuulivd", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0162.jp2"}, "163": {"fulltext": "//a; aoviciiNMiCN r oi ariiEs. 125\\nyearH a^o our [(jj^inlaiorH and cotiHl/iiulion-rnaUcj H w( r\\nrnucli Jifniid of wlial; w;i,h i,1I( I Uki oiKMruin pow(!r.\\nhi tiriuly iiJI Mk; (rol* iii(;H ;t ;lirot i(; (jiinrn^l \\\\\\\\:u\\\\ l)( ,(;ii\\nl\u00c2\u00abi|)i lip l) ilw(!\u00c2\u00ab!ii t/lio ii ovoniorH iii)poiii1;( l l\u00c2\u00bby Uus kiii^\\nand ilic. l(!};iHliil-oiH (dcot^id liy tlm p(!opl(5, and UiIh IijuI\\nni;Ml(! tlid oiio-iiiiin pow(}r vory iinpopiiliir. lJ !Hid(!H,\\nit waH Honi(tiliinj4 Uiai liad Ixutii iinpopiilai in ancirni;\\n\\\\\\\\n\\\\MM and lionic, iiiid ii w;i,h ilion^lii io be. OHH !nii;i,lly\\niini (!pul)li(!an in piiii(;i|tlo. Acuiordin^ly our {^rcat-\\nj;i an lfiiUi(M H prol cirrc-d (,o (inlriiHf. (!X(!(Miliiv\u00c2\u00ab! powc.rn to\\n(H tiiiniti(;(;H railuM t/li;tn to hIii;; individiiiilH :ind wIk^ii\\ntli(iy iHHif;!!!!!! an important olTKUi to an individual tlicy\\nuHUiilly took |)ainH to curtail itH powor and inHu !ii(!(!.\\nTIiIh diH|)OHition waH viniWhi in our (tarly attcunptH to\\norj^aiii/(! (iity j^ovi -rninoiitH liko littl*! ro])u[)li(rH. P ii Ht,\\nin tlic. Iioard of nJd(;rni(;ii :i,nd tin; (;oniiiion u un Ml wo\\nhad !i, two-c,Ii!i,nil)or(ul l( ,^inl;i,tui ^riicii^ l(!Ht tluj ni. i-yor\\nhIiouM l)0(!oni(! djui^(ii-ouH, tlio veto pow(jr Wiw at (irnt\\n(Mi(;r;iJly witliliidd from iiini, :ind Iiih appointinontK of\\noxooiitivc! ol lic-orH iioodcMl to ix! oonfirmod by !i,t loant\\nOlio IjiaiKili of th(i oity oouiKiil. I hoHO (ixocutiv*! oHi-\\n50rH, nior(!ov(!r, an ;iJi*(!ady obHorvcid, wore Hu})ject to\\nnioro or Iohh control or ovoiHij^iit iVoni (lonimittooH of\\nthe (sity oounoil.\\nNow t-liiH HyHt .in, in doprivin^ tlio mayor of powor,\\nd !|)riv -d him of i (!Hj)onHil)ility, ;uid loft th(! rcHponHi-\\nbility nowhoi o in jjaitioular. In making- ap- HoafctminK\\n|)ointm(MitH th(5 iiiiiyor Jind oouncil would 31.170^^.,.\\nooino to HoiiU! Hort of (iompromiHo with oaoh y-\\nothor and cx(!lian/^(! I avourH. I*(uliii,pH for |)rivat\\nrojiHOiiH inoompctfjnt or diHhonoHt offKrorH would ^trt\\nippointod, and if the (Mti/oiiH vruitunid to ooinplain\\ntlio mayor would Hay that ho ajjpointcd aw j[jood nufii\\naH th(! oouikmI oould b indu(;(;d to (^ondrni, :uid tlu;\\ncounoil wouM d(;clar thrrir williuniK-HH to coniirm", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0163.jp2"}, "164": {"fulltext": "126 THE CITY.\\ngood appointments if tlie mayor could only be per-\\nsuaded to make them.\\nThen the want of subordination of the different\\nexecutive departments made it impossible to secure\\nunity of administration or to carry out any consistent\\nand generally intelligible policy. Between th\u00c2\u00ab vari-\\nous executive officers and visiting committees there\\nwas apt to be a more or less extensive interchange of\\nfavours, or what is called log-rolling and sums of\\nmoney would be voted by the council only thus to\\nleak away in undertakings the propriety or necessity\\nof which was perhaps hard to determine. There was\\nno responsible head who could be quickly and sharply\\ncalled to account. Each official s hands were so tied\\nthat whatever went wrong he could declare that it was\\nnot his fault. The confusion was enhanced by the\\npractice of giving executive work to committees or\\nCommittees boards instead of single officers. Benjamin\\nfor^xecutive Franklin used to say, If you wish to be sure\\npurposes. thing is done, go and do it yourself.\\nHuman experience certainly proves that this is the\\nonly absolulely safe way. The next best way is to\\nsend some competent person to do it for you and if\\nthere is no one competent to be had, you do the next\\nbest thing and entrust the work to the least incompe-\\ntent person you can find. If you entrust it to a com-\\nmittee your prospect of getting it done is diminished\\nand it grows less if you enlarge your committee. By\\nthe time you have got a group of committees, inde-\\npendent of one another and working at cross pur-\\nposes, you have got Dickens s famous Circumlocution\\nOffice, where the great object in life was how not to\\ndo it.\\nAmid the general dissatisfaction over the extrava-\\ngance and inefficiency of our city governments, peo-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0164.jp2"}, "165": {"fulltext": "THE GOVERNMENT OF CITIES. 127\\npie s attention was first drawn to the rapid and alarm-\\ning increase of city indebtedness in various increase of\\nparts of the country. A heavy debt may ^ity debts.\\nruin a city as surely as an individual, for it raises the\\nrate of taxation, and thus, as was above pointed out, it\\ntends to frighten people and capital away from the city.\\nAt first it was sought to curb the recklessness of city\\ncouncils in incurring lavish expenditures by giving\\nthe mayor a veto power. Laws were also passed lim-\\niting the amount of debt which a city would be allowed\\nto incur under any circumstances. Clothing the\\nmayor with the veto power is now seen to have been a\\nwise step and arbitrary limitation of the amount of\\ndebt, though a clumsy expedient, is confessedly a\\nnecessary one. But beyond this, it was in some in-\\nstances attempted to take the management\\np J. Attempt to\\nof some departments of city busmess out oi cure the\\nevil by state\\nthe hands of the city and put them into the interfer-\\n1 1 fTM ence expe-\\nhands of the state legislature, ihe most nenceof\\n1 -\\\\T -\\\\T T New York.\\nnotable instance of this was m JMew York m\\n1857. The results, there and elsewhere, have been\\ngenerally regarded as unsatisfactory. After a trial of\\nthirty years the experience of New York has proved\\nthat a state legislature is not competent to take proper\\ncare of the government of cities. Its members do not\\nknow enough about the details of each locality, and con-\\nsequently local affairs are left to the representatives\\nfrom each locality, with log-rolling as the inevita-\\nble result. A man fresh from his farm on the edge\\nof the Adirondacks knows nothing about the problems\\npertaining to electric wires in Broadway, or to rapid\\ntransit between Harlem and the Battery; and his\\nconsent to desired legislation on such points can very\\nlikely be obtained only by favouring some measure\\nwhich he thinks will improve the value of his farm, or", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0165.jp2"}, "166": {"fulltext": "128 THE CITY.\\nperhaps by holjiing- him to tlobauch the civil service\\nby getting some neighbour appointed to a position for\\nwhich he is not qualitied. All this is made worse by the\\nfact that the membeis of a state government are gen-\\nerally less governed by a sense of responsibility toward\\nthe citizens of a particular city than even the worst\\nlocal government that can be set up in such a city.^\\nJSIoreover, even if legislatures were otherwise com\\npetent to manage the local affairs of cities, they have\\nnot time enough, amid the pressure of other duties,\\nto do justice to such matters. In 1870 the number\\nof acts passed by the Now York legislature was 808.\\nOf these, 212, or more than one fourth of the whole,\\nrelated to cities and illages. The 808 acts, when\\nprinted, filled about 2,000 octavo pages and of these\\nthe 212 acts filled more than 1,500 pages. This illus-\\ntrates what I said above about the vast quantity of\\ndetails which have to be regulated in municipal gov-\\nernment. Here we have more than three fourths of\\nthe volume of state-legislation devoted to local af-\\nfairs and it hardly need be added that a great part\\nof these enactments were worse than worthless because\\n1 It is not intended to deny that there may be instances in\\nwhich the state government may advantageously participate in\\ntlie government of cities. It may be urged that, in the case of\\ngreat cities, like New York or Boston, many people who are noi,\\nresidents either do business in the city or have vast business ii\\nterests there, and thus may be as deeply interested in its welfari\\nas any of the voters. It may also be said that state provisioiis\\nfor city government do not always work badly. There are many\\ncompetent judges who approve of the appointment of police\\ncommissioners by the executive of Massachusetts. There are\\ngenerally two sides to a question and to push a doctrine to ex-\\ntremes is to make oneself a doctrinaire rather than a wise citi-\\nzen. But exjierience clearly shows that in all doubtful cases it is\\nsafer to let the balance incline in favour of local self-government\\nthan the other way.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0166.jp2"}, "167": {"fulltext": "THE GOVERNMENT OF CITIES. 129\\nthey were made hastily and without due consideration,\\nthough not always, perhaps, without what lawyers\\ncall a consideration.!\\nThe experience of New York thus proved that state\\nintervention and special legislation did not mend mat-\\nters. It did not prevent the shameful r ole of the\\nTweed Ring from 1868 to 1871, when a\\nTweed Ring\\nsmall band of conspirators got themselves j^^^w\\nelected or appointed to the principal city\\noffices, and, having had their own corrupt creatures\\nchosen judges of the city courts, proceeded to rob the\\ntaxpayers at their leisure. By the time they were\\ndiscovered and brought to justice, their stealings\\namounted to many millions of dollars, and the rate of\\ntaxation had risen to more than two per cent.\\nThe discovery of these wholesale robberies, and of\\nother villainies on a smaller scale in other cities, has\\nled to much discussion of the problems of municipal\\ngovernment, and to many attempts at practical re-\\n1 Nothing could be further from my thought than to cast any\\nspecial imputation upon the New York legislature, which is\\nprobably a fair average specimen of law-making bodies. The\\ntheory of legislative bodies, as laid down in text-books, is that\\nthey are assembled for the purpose of enacting laws for the\\nwelfare of the community in general. In point of fact they\\nseldom rise to such a lofty height of disinterestedness. Legisla-\\ntion is usually a mad scramble in which the final result, be it\\ngood or bad, gets evolved out of compromises and bargains\\namong a swarm of clashing local and personal interests. The\\nconsideration may be anything from log-rolling to bribery.\\nIn American legislatures it is to be hoped that downright brib-\\nery is rare. As for log-rolling, or exchange of favours, there\\nare many phases of it in which that which may be perfectly in-\\nnocent shades off by almost imperceptible degrees into that\\nwhich is unseemly or dishonourable or even criminal and it is\\nin this hazy region that Satan likes to set his traps for the un-\\nwary pilgrim.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0167.jp2"}, "168": {"fulltext": "130 THE CITY.\\nform. Tlie present is especially a period of experi\\nments, yet in these experiments perhaps a New experi-\\ngeneral drift of opinion may be discerned.\\nPeople seem to be coming to regard cities more as if\\nthey were huge business corporations than as if they\\nwere little republics. The lesson has been learned\\nthat in executive matters too much limitation of\\npower entails destruction of responsibility the ring\\nis now more dreaded than the one-man power and\\nthere is accordingly a manifest tendency to assail the\\nevil by concentrating power and responsibility in the\\nma3^or.\\nThe first great city to adopt this method was Brook-\\nlyn. In the fii st place the city council was simplified\\nand made a one-chambered council consist-\\n-r\u00c2\u00bb T govern-\\nmg of nineteen aldermen. Besides this mentof\\n\u00e2\u0080\u00a21 r 1 11 1 Brooklyn.\\ncouncil of aldermen, the people elect only\\nthree city officers, the mayor, comptroller, and\\nauditor. The comptroller is the principal finance\\nofficer and book-keeper of the city and the auditor\\nmust approve bills against the city, whether great or\\nsmall, before they can be paid. The mayor appoints,\\nwithout confirmation by the council, all executive\\nheads of departments and these executive heads are\\nindividuals, not boards. Thus there is a single police\\ncommissioner, a single fire commissioner, a single\\nhealth commissioner, and so on; and each of these\\nheads appoints his own subordinates so that the\\nprinciple of defined responsibility permeates the city\\ngovernment from top to bottom. In a few cases,\\nwhere the work to be done is rather discretionary\\nthan executive in character, it is intrusted to a board j\\nthus there is a board of assessors, a board of educar.\\n1 Seth Low on Municipal Government, in Bryce s Amer-\\nican Commonwealth, vol. i. p. 626.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0168.jp2"}, "169": {"fulltext": "THE GOVERNMENT OF CITIES. 131\\ntion, and a board of elections. These are all ap-\\npointed by the mayor, but for terms not coinciding\\nwith his own so that, in most cases, no mayor\\nwould appoint the whole of any such board unless he\\nwere to be twice elected by the people. But the\\nexecutive officers are appointed by the mayor for\\nterms coincident with his own, that is for two yearso\\nThe mayor is elected at the general election in No-\\nvember he takes office on the first of January fol-\\nlowing, and for one month the great departments of\\nthe city are carried on for him by the appointees of\\nhis predecessor. On the first of February it becomes\\nhis duty to appoint his own heads of departments,\\nand thus each incoming mayor has the opportunity\\nto make an administration in all its parts in sympathy\\nwith himself.\\nWith all these immense executive powers entrusted\\nto the mayor, however, he does not hold the purse-\\nstrings. He is a member of a board of estimate, of\\nwhich the other four members are the comptroller and\\nauditor, with the county treasurer and supervisor.\\nThis board recommends the amounts to be raised by\\ntaxation for the ensuing year. These estimates are\\nthen laid before the council of aldermen, who may\\ncut down single items as they see fit, but have not the\\npower to increase any item. The mayor must see to\\nit that the administrative work of the year does not\\nuse up more money than is thus allowed him.\\nThis Brooklyn system has great merits. It ensures\\nunity of administration, it encourages promptness and\\neconomy, it locates and defines responsibility, and it is\\nso simple that everybody can understand it. The peo-\\nple, having but few officers to elect, are more some of its\\nlikely to know something about them. Es-\\npecially since everybody understands that the success", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0169.jp2"}, "170": {"fulltext": "132 THE CITY.\\nof the government depends upon the character of the\\nmayor, extraordinary pains are taken to secure good\\nmayors and the increased interest in city politics is\\nshown by the fact that in Brooklyn more people vote\\nfor mayor than for governor or for president. Fifty\\nyears ago such a reduction in the number of elective\\nofficers would have greatly shocked all good Ameri-\\ncans. But in point of fact, while in small townships\\nwhere everybody knows everybody popular control is\\nbest ensured by electing all public officers, it is very\\ndifferent in great cities where it is impossible that the\\nvoters in general should know much about the quali-\\nfications of a long list of candidates. In such cases\\ncitizens are apt to vote blindly for names about which\\nthey know nothing except that they occur on a Re-\\npublican or a Democratic ticket although, if the ob-\\nject of a municipal election is simply to secure an\\nupright and efficient municipal government, to elect\\na city magistrate because he is a Republican or a\\nDemocrat is about as sensible as to elect him because\\nhe believes in homoeopathy or has a taste for chrysan-\\nthemums.^ To vote for candidates whom one has\\nOf course from the poiut of view of the party politician, it\\nis quite different. Each party has its elaborate machine for\\nelecting state and national officers and in order to be kept at\\nits maximum of efficiency the machine must be kept at work on\\nall occasions, whether such occasions are properly concerned\\nwith differences in party politics or not. To the party politician\\nit of course makes a great difference whether a city magistrate\\nis a Republican or a Democrat. To him even the political com-\\nplexion of his mail-carrier is a matter of importance. But these\\nillustrations only show that party politics may be carried to ex-\\ntremes that are inconsistent with the best interests of the com-\\nmunity. Once in a while it becomes necessary to teach party\\norganizations to know their place, and to remind them that they\\nare not the lords and masters but the servants and instruments\\nof the people.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0170.jp2"}, "171": {"fulltext": "THE GOVERNMENT OF CITIES. 133\\nnever heard of is not to insure popular control, but\\nto endanger it. It is much better to vote for one\\nman whose reputation we know, and then to hold\\nhim strictly responsible for the appointments he\\nmakes. The Brooklyn system seems to be a step to-\\nward lifting city government out of the mire of party\\npolitics.\\nThis system went into operation in Brooklyn in\\nJanuary, 1882, and seems to have given general satis-\\nfaction. Since then changes in a similar direction,\\nthough with variations in detail, have been made in\\nother cities, and notably in Philadelphia.\\nIn speaking of the difficulties which beset city gov-\\nernment in the United States, mention is often (and\\nperhaps too exclusively) made of the great mass of\\nignorant voters, chiefly foreigners without experience\\nin seK-government, with no comprehension of Ameri\u00c2\u00bb\\ncan principles and traditions, and with little Motion that\\nor no property to suffer from excessive taxa- ought tol^\\ntion. Such people will naturally have slight ^^^stncted.\\ncompunctions about voting away other people s money\\nindeed, they are apt to think that the Government\\nhas got Aladdin s lamp hidden away somewhere in a\\nburglar-proof safe, and could do pretty much every-\\nthing that is wanted, if it only would. In the hands\\nof demagogues such people may be dangerous, they\\nare supposed to be especially accessible to humbug\\nand bribes, and their votes have no doubt been used\\nto sustain and perpetuate most flagrant abuses. We\\noften hear it said that the only way to get good gov-\\nernment is to deprive such people of their votes and\\nlimit the suffrage to persons who have some property\\nat stake. Such a measure has been seriously recom-\\nmended in New York, but it is generally felt to be\\nimpossible without a revolution.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0171.jp2"}, "172": {"fulltext": "184 THE CITY.\\nPerhaps, after all, it may not be so desirable as it\\nseems. The ignorant vote has done a great deal of\\nharm, but not all the harm. In 1878 it was\\nTestimony -\\\\ir\\nofPennsyi- reported by the x^ennsylvama Municipal\\nvania Muni- iiii\\ncipai Com- Commissiou, as a remarkable but notorious\\nmission. c -x -ni\\nfact, that the accumulations or debt m Fhila\u00c2\u00ab\\ndelphia and other cities of the state have been due\\nnot to a non-property-holding, irresponsible element\\namong the electors, but to the desire for speculation\\namong the property-owners themselves. Large tracts\\nof land outside the built-up portion of the city have\\nbeen purchased, combinations made among men of\\nwealth, and councils besieged until they have been\\ndriven into making appropriations to open and im-\\nprove streets and avenues, largely in advance of the\\nreal necessities of the city. Extraordinary as the\\nstatement may seem at first, the experience of the\\npast shows clearly that frequently property-owners\\nneed more protection against themselves than against\\nthe non-property-holding class. This is a statement\\nof profound significance, and should be duly pondered\\nby advocates of a restricted suffrage.\\nIt should also be borne in mind that, while ignorant\\nand needy voters, led by unscrupulous demagogues,\\nare capable of doing much harm with their votes, it\\nis by no means clear that the evil would be\\nDangers of a _\\nrestricted rcmovcd by depriving them of the suffrage.\\nIt is very unsafe to have in any community\\na large class of people who feel that political rights\\nor privileges are withheld from them by other people\\nwho are their superiors in wealth or knowledge.\\nSuch poor people are apt to have exaggerated ideas\\nof what a vote can do very likely they think it is be.\\nAUinson and Penrose, Philadelphia, 1681-1887 a Histoiy\\nof Municipal Development, p. 278.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0172.jp2"}, "173": {"fulltext": "THE GOVERNMENT OF CITIES. 185\\ncause they do not have votes that they are poor thus\\nthey are ready to entertain revolutionary or anarchical\\nideas, and are likely to be more dangerous material\\nin the hands of demagogues than if they were allowed\\nto vote. Universal suffrage has its evils, but it un-\\ndoubtedly acts as a safety-valve. The only cure for\\nthe evils which come from ignorance and shiftlessness\\nis the abolition of ignorance and shiftlessness; and\\nthis is slow work. Church and school here find\\nenough to keep them busy; but the vote itself, even\\nif often misused, is a powerful educator and we need\\nnot regret that the restriction of the suffrage has come\\nto be practically impossible.\\nThe purification of our city governments will never\\nbe completed until they are entirely divorced from\\nnational party politics. The connection opens a lim-\\nitless field for log-rolling, and rivets upon cities\\nthe spoils system, which is always and everywhere\\nincompatible with good government. It is Baneful\\nworthy of note that the degradation of so ^xingdty\\nmany English boroughs and cities during national^\\nthe Tudor and Stuart periods was chiefly p^I\\ndue to the encroachment of national politics upon\\nmunicipal politics. Because the borough returned\\nmembers to the House of Commons, it became worth\\nwhile for the crown to intrigue with the municipal\\ngovernment, with the ultimate object oi influencing\\nparliamentary elections. The melancholy history of\\nthe consequent dickering and dealing, jobbery and\\nrobbery, down to 1835, when the great Municipal\\nCorporations Act swept it all away, may be read with\\nprofit by all Americans.^ It was the city of London\\nonly, whose power and independeiice had kept it free\\nSee Parliamentary Reports, 1835, Municipal Corporations\\nCommission also Sir Erskine May, Const. Hist., vol. ii. chap. xy.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0173.jp2"}, "174": {"fulltext": "136 THE CITY.\\nfrom complications with national politics, that avoided\\nthe abuses elsewhere prevalent, so that it was excepted\\nfrom the provisions of the Act of 1835, and still re-\\ntains its ancient constitution.\\nIn the United States the entanglement of municipal\\nwith national politics has begun to be regarded as\\nmischievous and possibly dangerous, and attempts\\nhave in some cases been made toward checking it by\\nchanging the days of election, so that municipal offi-\\ncers may not be chosen at the same time with presi-\\ndential electors. Such a change is desirable, but to\\nobtain a thoroughly satisfactory result, it will be\\nnecessary to destroy the spoils system root and\\nbranch, and to adopt effective measures of ballot re-\\nform. To these topics I shall recur when treating of\\nour national government. But first we shall have to\\nconsider the development of our several states.\\nQUESTIONS ON THE TEXT.\\nGive an account of city government in the United States,\\nunder the following heads\\n1. The American city\\na. The mayor.\\nh. The heads of departments.\\nc. The city council.\\nd. The judges.\\ne. Appropriations.\\nf. The power of committees.\\n2. The practical workings of city governments\\na. The contrast they show between theory and practice. S\\nh. Various complaints urged against city governments.\\nc. Their effect upon the old-time confidence in the perfection\\nof our institutions.\\n3. The growth of American cities\\na. The cities of Washington s time and those of to-day.\\n5. The population of cities in 1790 and their population to-\\nday.\\nc. City growth since 1840.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0174.jp2"}, "175": {"fulltext": "THE GOVERNMENT OF CITIES. 137\\n4. Some consequences of rapid city growth\\na. The pressure to construct public works.\\nh. The incurring of heavy debts.\\nc. The wastefulness due to a lack of foresight.\\nd. The increase in government due to the complexity of a\\ncity.\\ne. An illustration of this complexity in Boston.\\nThe consequent mystery that enshrouds much of city gov\u00c2\u00ab\\nernment.\\n5. Some evils due to the fear of a one-man power\\na. The objection to such power a century ago.\\nh. Restrictions imposed upon the mayor s power.\\nc. The division and weakening of responsibility.\\nd. The lack of unity in the administration of business.\\ne. The inefficiency of committees for executive purposes.\\nf. The alarming increase in city debts.\\n6. Attempts to remedy some of the evils of city government\\na. The power of veto granted to the mayor.\\nh. The limitation of city indebtedness.\\nc. State control of some city departments.\\n7. Difficulties inherent in state control of cities\\na. Lack of familiarity with city affairs.\\nh. The tendency to log-rolling.\\nc. Lack of time due to the pressure of state afPairs.\\nd. The failure of state control as shown in the rule of the\\nTweed ring.\\n8. The government of the city of Brooklyn\\na. The elevation of the one-man power above that of\\nthe ring.\\nb. Officers elected by the people.\\nc. Officers appointed by the mayor.\\nd. The principle of well-defined responsibility.\\ne. The appointment of certain boards by the mayor.\\nf. The holding of the purse-strings.\\ng. The inadequacy of the township elective system in a cit^f\\nlike Brooklyn.\\n9. Restriction of the suffrage\\na. The dangers from large masses of ignorant voters.\\nb. The responsibility for the debt of Philadelphia and other\\ncities.\\nc. The dangers from large classes who feel that political\\nrights are denied them.\\nd. Suffrage as a safety-valve.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0175.jp2"}, "176": {"fulltext": "138 THE CITY.\\nI o. The mixture of city politics with those of the state or nation\\na. The degradation of the English borough.\\nh. The exemption of London from the Municipal Corporations\\nAct.\\nc. The importance of separate days for municipal elections.\\nd. The importance of abolishing the spoils system.\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\n(Chiefly for pupils who live in cities.)\\n1. When was your city organized\\n2. Give some account of its growth, its size, and its present\\npopulation. How many wards has it Give their boun-\\ndaries. In which ward do you live\\n3. Examine its charter, and report a few of its leading provi-\\nsions.\\n4. What description of government in this chapter comes nearest\\nto that of your city\\n5. Consider the suggestions about the study of town government\\n(pp. 43, 44), and act upon such of them as are applica-\\nble to city government.\\n6. What is the general impression about the purity of your city\\ngovernment (Consult several citizens and report what\\nyou find out.)\\n7. What important caution should be observed about vague\\nrumours of inefficiency or corruptiou\\n8. What are the evidences of a sound financial condition in a\\ncity?\\n9. Is the financial condition of your city sound\\n\\\\o. When debts are incurred, are provisions made at the same\\ntime for meeting them when due\\n11. What are sinking funds\\n12. What wants has a city that a town is free from\\n13. Describe your system of public water works, making an\\nanalj sis of important points that may be presented.\\n14. Do the same for your park system or any other system that\\ninvolves a long time for its completion as well as a great\\noutlay.\\n15. Are the principles of civil service reform recognized in your\\ncity If so, to what extent Do they need to be ex-\\ntended further\\n16. Describe the parties that contended for the supremacy in", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0176.jp2"}, "177": {"fulltext": "THE GOVERNMENT OF CITIES. 139\\nyour last city election and tell what questions were at is-\\nsue between them.\\n17. What great corporations exert an influence in your city af-\\nfairs Is such influence bad because it is great What\\nis a possible danger from such influence\\n18. In view of the vast number and range of city interests, what\\nis the most that the average citizen can reasonably be\\nasked to know and to do about them What things is\\nit indispensable for him to know and to do if he is to con-\\ntribute to good government\\nBIBLIOGEAPHICAL NOTE.\\n1. Direct and Indirect Government. The transition\\nfrom direct to indirect government, as illustrated in the gradual\\ndevelopment of a township into a city, may be profitably studied\\nin Quincy s Municipal History of Boston, Boston, 1852 and in\\nWinsor s Memorial History of Boston, vol. iii. pp. 189-302, Bos-\\nton, 1881.\\n2. Origin of English Boroughs and Cities. See\\nLoftie s History of London, 2 vols., London, 1883 Toulmin\\nSmith s English Gilds, with Introduction by Lujo Brentano, Lon-\\ndon, 1870 and the histories of the English Constitution, espe-\\ncially those of Gneist, Stubbs, Taswell-Langmead, and Hannis\\nTaylor.\\n3. Government of Cities in the United States.\\nH. U. Studies, III., xi.-xii., J. A. Porter, The City of Wash-\\nington TV., iv., W. P. Holcomb, Pennsylvania Boroughs TV., x.,\\nC. H. Levermore, Town and City Govei nment of New Haven;\\nv., i.-ii., Allinson and Penrose, City Government of Philadelphia\\nv., iii., J. M. Bugbee, The City Government of Boston V., iv.p\\nM. S. Snow, The City Government of St. Louis VII., ii.-iii., B.\\nMoses, Establishment of Municipal Government in San Francisco\\nVII., iv., W. W. Howe, Municipal History of Neio Orleans also\\nSupplementary Notes, No. 4, Seth Low, The Problem of City Gov-\\nernment (compare No. 1, Albert Shaw, Municipal Government in\\nEngland). See, also, the supplementary volumes published at\\nBaltimore, Levermore s Republic of New Haven, 1886, Allin-\\nson and Penrose s Philadelphia, 1681-1887 a History of Muni-\\ncipal Development, 1887.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0177.jp2"}, "178": {"fulltext": "CHAPTER VI.\\nTHE STATE.\\n1. The Colonial Governments.\\nIn the year 1600 Spain was the only European na\u00c2\u00ab\\ntion which had obtained a foothold upon the part of\\nNorth America now comprised within the\\nClaims of \u00e2\u0080\u00a2TO o i\\nSpain to the United States. Spain claimed the whole\\npossession tip\\nof North continent on the strength of the bulls of\\nAmerica.\\n1493 and 1494, in which Pope Alexander\\nVI. granted her all countries to be discovered to the\\nwest of a certain meridian which happens to pass a\\nlittle to the east of Newfoundland. From their first\\ncentre in the West Indies the Spaniards had made a\\nlodgment in Florida, at St. Augustine, in 1565 and\\nfrom Mexico they had in 1605 founded Santa Fe, in\\nwhat is now the territory of New Mexico.\\nFrance and England, however, paid little heed to the\\nclaim of Spain. France had her own claim to\\nClaims of -ikT 1 A\\nTrance and North America, based on the voyas es of dis-=\\nEngland. o\\ncovery made by Verrazano in 1524 and Car-\\ntier in 1534, in the course of which New York harbour\\nhad been visited and the St. Lawrence partly explored.\\nEngland had a still earlier claim, based on the dis-\\ncovery of the North American continent in 1497 by\\nJohn Cabot. It presently became apparent that to\\nmake such claims of any value, discovery must be\\nfollowed up by occupation of the country. Attempts", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0178.jp2"}, "179": {"fulltext": "THE COLONIAL GOVERNMENTS. 141\\nat colonization had been made by French Protestants\\nin Florida in 1562-65, and by the English in North\\nCarolina in 1584-87, but both attempts had failed\\nmiserably. Throughout the sixteenth century French\\nand English sailors kept visiting the Newfoundland\\nfisheries, and by the end of the century the French and\\nEnglish governments had their attention definitely\\nturned to the founding of colonies in North America.\\nIn 1606 two great joint-stock companies were\\nformed in England for the purpose of planting such\\ncolonies. One of these companies had its head-\\nquarters at London, and was called the Lon- ^je London\\ndon Company the other had its headquar- outh^c^^\\nters at the seaport of Plymouth, in Devon- p^*\\nshire, and was called the Plymouth Company. To\\nthe London Company the king granted the coast of\\nNorth America from 34\u00c2\u00b0 to 38\u00c2\u00b0 north latitude that\\nis, about from Cape Fear to the mouth of the Kappa-\\nhannock. To the Plymouth Company he granted\\nthe coast from 41\u00c2\u00b0 to 45\u00c2\u00b0 that is, about from the\\nmouth of the Hudson to the eastern extremity of\\nMaine. These grants were to go in straight strips or\\nzones across the continent from the Atlantic Ocean to\\nthe Pacific. Almost nothing was then known about\\nAmerican geography; the distance from ocean to\\nocean across Mexico was not so very great, and peo-\\nple did not realize that further north it was quite a\\ndifferent thing. As to the middle strip, starting from\\nthe coast between the Bappahannock and th^Hudson,\\nit M^as open to the two companies, with the^ under-\\nstanding that neither was to plant a colony within\\n100 miles of any settlement already begun by the\\nother. This meant practically that it was likely to\\nbe controlled by whichever company should first come\\ninto the field with a flourishing colony. Accordingly", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0179.jp2"}, "180": {"fulltext": "142 THE STATE.\\nboth companies made haste and sent out settlers in\\n1607, the one to the James River, the other to the\\nKennebec. The first enterprise, after much suffering,\\nresulted in the founding of Virginia the second ended\\nin disaster, and it was not until 1620 that the Pil-\\ngrims from Leyden made the beginnings of a per-\\nmanent settlement upon the territory of the Plymouth\\nCompany.\\nThese two companies were at first organized under\\na single charter. Each was to be governed by a\\ncouncil in England appointed by the king, and these\\ncouncils were to appoint councils of thirteen to reside\\nin the colonies, with powers practically un-\\nTheircom-\\nmonchar- limited. Nevertheless the king covenanted\\nter.\\nwith his colonists as follows Also we do,\\nfor us, our heirs and successors, declare by these\\npresents that all and every the persons, being our\\nsubjects, which shall go and inhabit within the said\\ncolony and plantation, and every their children and\\nposterity, which shall happen to be born within any\\nof the limits thereof, shall have and enjoy all liber-\\nties, franchises, and immunities of free denizens and\\nnatural subjects within any of our other dominions,\\nto all intents and purposes as if they had been abid-\\ning and born within this our realm of England, or in\\nany other of our dominions. This principle, that\\nBritish subjects born in America should be entitled\\nto the same political freedom as if born in England,\\nwas onefupon which the colonists always insisted, and\\nit was the repeated and persistent attempts of George\\nIII, to infringe it that led the American colonies to\\nrevolt and declare themselves independent of Great\\nBritain.\\nBoth the companies founded in 1606 were short-\\nlived. In 1620 the Plymouth Company got a new", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0180.jp2"}, "181": {"fulltext": "THE COLONIAL GOVERNMENTS. 143\\ncharter, wliich made it independent of the London\\nCompany. In 1624 the king, James I., quarrelled\\nwith the London Company, brought suit\\nT T p Dissolution\\nagainst it m court, and obtained from the of the two\\ncompauies.\\nsubservient judges a decree annulling its\\ncharter. In 1635 the reorganized Plymouth Com-\\npany surrendered its charter to Charles I. in pursu-\\nance of a bargain which need not here concern us.^\\nBut the creation of these short-lived companies left an\\nabiding impression upon the map of North America\\nand upon the organization of civil government in the\\nUnited States. Let us observe what was\\n1 1 Settlement\\ndone with the three strips or zones into which of the three\\n1 1 zones.\\nthe country was divided the northern or\\nNew England zone, assigned to the Plymouth Com-\\npany the southern or Virginia zone, assigned to the\\nLondon Company and the central zone, for which\\nthe two companies were, so to speak, to run a race.\\nIn the northern zone the colonies of Plymouth and\\nMassachusetts Bay were founded by emigration from\\nEngland between 1620 and 1630 and then in 1633-\\n38 Connecticut, Providence, and Rhode Island were\\nfounded by emigration from Massachusetts.\\n1. The\\nPresently, in 1643, Providence and E.hode northern\\n-r 1 zone.\\nIsland voluntarily united into one common-\\nwealth and in 1662 New Haven, originally founded in\\n1637 by emigration from England, was annexed to\\nConnecticut by Charles II. Certain towns along the\\nnortheast coast, founded under royal grants to individ-\\nual proprietors, were for some time practically a part\\nof Massachusetts, but in 1679 a part of this region\\nwas erected by Charles II. into the royal province of\\nNew Hampshire. The remainder, under the name of\\nMaine, was in 1692 confirmed to Massachusetts, to\\nSee my Beginnings of New England, p. 112.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0181.jp2"}, "182": {"fulltext": "144 THE STATE.\\nwhich Plymouth was at the same time annexed. Thus,\\nbefore the Revolution, four of the original thirteen\\nstates Massachusetts, Connecticut, Rhode Island,\\nand New Hampshire had been constituted in the\\nnorthern zone.\\nIn 1663 Charles II. cut off the soiithern part of\\nVirginia, the area covering the present states of North\\nand South Carolina, and Georgia, and it was formed\\ninto a new province called Carolina. In\\n2. The\\nsouthern 1729 the two groups of settlements which\\nzone. T r.\\nhad grown up along its coast were denni-\\ntively separated into North and South Carolina and in\\n1732 the frontier portion toward Florida was organ-\\nized into the colony of Georgia. Thus four of the\\noriginal thirteen states Virginia, the two Carolinas,\\nand Georgia were constituted in the southern zone.\\nTo this group some writers add Maryland, founded\\nin 1632, because its territory had been claimed by the\\nLondon Company; but the earliest settlements in\\nMaryland, its principal towns, and almost the whole\\nof its territory, come north of latitude 38\u00c2\u00b0 and within\\nthe middle zone.\\nBetween the years 1614 and 1621 the Dutch founded\\ntheir colony of New Netherland upon the territory in-\\ncluded between the Hudson and Delaware rivers, or,\\n8. The mid- ^J quitc naturally called them, the North\\ndie zone. South Hvers. They pushed their out-\\nposts up the Hudson as far as the site of Albany,\\nthus intruding far into the northern zone. In 1638\\nSweden planted a small colony upon the west side of\\nDelaware Bay, but in 1655 it was surrendered to the\\nDutch. Then in 1664 the English took New Nether-\\nland from the Dutch, and Charles II. granted the\\nprovince to his brother, the Duke of York. The duke\\nproceeded to grant part of it to his friends, Berkeley", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0182.jp2"}, "183": {"fulltext": "THE COLONIAL GOVERNMENTS. 145\\nand Carteret, and thus marked off the new colony of\\nNew Jersey. In 1681 the region west of New Jersey\\nwas granted to William Penn, and in the following\\nyear Penn bought from the Duke of York the small\\npiece of territory upon which the Swedes had planted\\ntheir colony. Delaware thus became an appendage\\nto Penn s greater colony, but was never merged in ito\\nThus five of the original thirteen states Maryland,\\nNew York, New Jersey, Pennsylvania, and Delaware\\nwere constituted in the middle zone.\\nAs we have already observed, the westward move-\\nment of population in the United States has largely\\nfollowed the parallels of latitude, and thus the charac-\\nteristics of these three original strips or zones have,\\nwith more or less modification, extended westward.\\nThe men of New England, with their Portland and\\nSalem reproduced more than 3000 miles distant in the\\nstate of Oregon, and within 100 miles of the Pacific\\nOcean, may be said in a certain sense to have realized\\nliterally the substance of King James s grant to the\\nPlymouth Company. It will be noticed that the kinds\\nof local government described in our earlier chapters\\nare characteristic respectively of the three original\\nzones the township system being exemplified chiefly\\nin the northern zone, the county system in the south-\\nern zone, and the mixed township-county system in\\nthe central zone.\\nThe London and Plymouth companies did not perish\\nuntil after state governments had been organized in\\nthe colonies already founded upon their territories.\\nIn 1619 the colonists of Virginia, with the aid of the\\nmore liberal spirits in the London Company,\\n1 P House of\\nsecured tor themselves a representative Burgesses in\\ngovernment. To the governor and his coun-\\ncil, appointed in England, there was added a general", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0183.jp2"}, "184": {"fulltext": "146 THE STATE.\\nassembly composed of two burgesses from each plan-\\ntation, elected by the inhabitants. This assembly,\\nthe first legislative body that ever sat in America, met\\non the 30th of July, 1619, in the choir of the rude\\nchurch at Jamestown. The dignity of the burgesses\\nwas preserved, as in the House of Commons, by sit=\\nting with their hats on and after offering prayer,\\nand taking the oath of allegiance and supremacy, they\\nproceeded to enact a number of laws relating to pub-\\nlic worship, to agriculture, and to intercourse with the\\nIndians. Curiously enough, so confident was the be-\\nlief of the settlers that they were founding towns, that\\nthey called their representatives burgesses, and down\\nto 1776 the assembly continued to be known as the\\nHouse of Burgesses, although towns refused to grow\\nin Virginia, and soon after counties were organized in\\n1634 the burgesses sat for counties. Such were the\\nbeginnings of representative government in Virginia.\\nThe government of Massachusetts is descended from\\nthe Dorchester Company formed in England in 1623,\\nfor the ostensible purpose of trading in furs and timber\\nand catching fish on the shores of Massachusetts Bay.\\nAfter a disastrous beginning this company was dis-\\nsolved, but only to be immediately reorganized on a\\ngreater scale. In 1628 a grant of the land between the\\nCharles and Merrimack rivers was obtained\\nMassachu- from the Plymouth Company and in 1629 a\\nsetts Bay, i. %i\\ncharter was obtained from Charles I. So\\nmany men from the east of England had joined in the\\nThe word plantation is here used, not in its later and\\nordinary sense, as the estate belonging to an individual planter,\\nbut in an earlier sense. In this early usage it was equivalent to\\nsettlement. It was used in New England as well as in Vir-\\nginia thus Salem was spoken of by the court of assistants in\\n1629 as New England s Plantation.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0184.jp2"}, "185": {"fulltext": "THE COLONIAL GOVERNMENTS. 147\\nenterprise that it could no longer be fitly called a Dor-\\nchester Company. The new name was significantly\\ntaken from the New World. The charter created a cor-\\nporation under the style of the Governor and Company\\nof Massachusetts Bay in New England, The freemen\\nof the Company were to hold a meeting four times a\\nyear and they were empowered to choose a governor,\\na deputy governor, and a council of eighteen assistants,\\nwho were to hold their meetings each month. They\\ncould administer oaths of supremacy and allegiance,\\nraise troops for the defence of their possessions, admit\\nnew associates into the Company, and make regulations\\nfor the management of their business, with the vague\\nand weak proviso that in order to be valid their enact-\\nment must in no wise contravene the laws of England.\\nNothing was said as to the place where the Company\\nshould hold its meetings, and accordingly after a few\\nmonths the Company transferred itself and its charter\\nto New England, in order that it might carry out its\\nintentions with as little interference as possible on the\\npart of the crown.\\nWhether this transfer of the charter was legally\\njustifiable or not is a question which has been much\\ndebated, but with which we need not here vex our-\\nselves. The lawyers of the Company were shrewd\\nenough to know that a loosely-drawn instrument may\\nbe made to admit of great liberty of action. Under\\nthe guise of a mere trading corporation the Puritan\\nleaders deliberately intended to found a civil com=\\nmon wealth in accordance with their own theories of\\ngovernment.\\nAfter their arrival in Massachusetts, their numbers\\nincreased so rapidly that it became impossible to have\\na primary assembly of all the freemen, and so a rep-\\nresentative assembly was devised after the model of", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0185.jp2"}, "186": {"fulltext": "148 THE STATE.\\nthe Old English county court. The representatives\\nsat for townships, and were called deputies. At\\nfirst they sat in the same chamber with the\\nGovernment -t n a a -i\\nof Massa- assistauts, Dut lu 1644 the legislative body\\nchusetts the o i/\\nGeneral was divided into two chambers, the depu-\\nCourt. \u00e2\u0080\u00a2(\u00e2\u0080\u00a2\u00e2\u0096\u00a0II T .1 1\\nties lormmg the lower house, while the upper\\nwas composed of the assistants, who were some-\\ntimes called magistrates. In elections the candidates\\nfor the upper house were put in nomination by the\\nGeneral Court and voted On by the freemen. In gen-\\neral the assistants represented the common or central\\npower of the colony, while the deputies represented\\nthe interests of popular self-government. The former\\nwas comparatively an aristocratic and the latter a\\ndemocratic body, and there were frequent disputes\\nbetween the two.\\nIt is worthy of note that the governing body thus\\nconstituted was at once a legisla,tive and a judicial\\nbody, like the English county court which served as\\nits model. Inferior courts were organized at an early\\ndate in Massachusetts, but the highest judicial tribu-\\nnal was the legislature, which was known as the Gen-\\neral Court. It still bears this name to-day, though it\\nlong ago ceased to exercise judicial functions.\\nNow as the freemen of Massachusetts directly chose\\ntheir governor and deputy-governor, as well as their\\nchamber of deputies, and also took part in choosing\\ntheir council of assistants, their government was vir-\\ntually that of an independent republic. The crown\\ncould interpose no effective check upon its proceed-\\nings except by threatening to annul its charter and\\nsend over a viceroy who might be backed up, if need\\nbe, by military force. Such threats were sometimes\\nopenly made, but oftener hinted at. They served to\\nmake the Massachusetts government somewhat wary", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0186.jp2"}, "187": {"fulltext": "THE COLONIAL GOVERNMENTS. 149\\nand circumspect, but they did not prevent it from\\npursuing a very independent policy in many respects,\\nas when, for example, it persisted in allowing none\\nbut members of the Congregational church to vote.\\nThis measure, by which it was intended to preserve the\\nPuritan policy unchanged, was extremely distasteful\\nto the British government. At length in 1684 the\\nMassachusetts charter was annulled, an attempt was\\nmade to suppress town-meetings, and the colony was\\nplaced under a military viceroy, Sir Edmund Andros.\\nAfter a brief period of despotic rule, the Revolution\\nin England worked a change. In 1692 Mas-\\nNew charter\\nsachusetts received a new charter, quite dii- of Massa-\\nferent from the old one. The people were\\nallowed to elect representatives to the General Court,\\nas before, but the governor and lieutenant-governor\\nwere appointed by the crown, and all acts of the legis-\\nlature were to be sent to England for royal approval.\\nThe general government .of Massd,chusetts was thus,\\nexcept for its possession of a charter, made similar\\nto that of Virginia.\\nThe governments of Connecticut and Rhode Island\\nwere constructed upon the ^ame general plan as the\\nfirst government of Massachusetts. Gov-\\n\u00e2\u0080\u00a2\u00e2\u0096\u00a0\u00e2\u0096\u00a011 Connecticut\\nernors, councils, and assemblies were elected and Rhode\\nIsland.\\nby the people. These governments were\\nmade by the settlers themselves, after they had come\\nout from Massachusetts and through a very singular\\ncombination of circumstances,^ they were confirmed\\nby charters granted by Charles II. in 1662, soon after\\nhis return from exile. So thoroughly republican were\\nthese governments that they remained without change\\nuntil 1818 in Connecticut and until 1842 in Ehode\\nIsland.\\nSee my Beginnings oj New England, pp. 192-196.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0187.jp2"}, "188": {"fulltext": "160 THE STATE.\\nWe thus observe two kinds of state government in\\nthe American colonies. In both kinds the people\\nchoose a representative legislative assembly but in\\nthe one kind they also choose their governor, while in\\nthe other kind the governor is appointed by the crown.\\nWe have now to observe a third kind.\\nAfter the downfall of the two great companies\\nfounded in 1606, the crown had a way of\\npalatine in handing ovcr to its friends extensive tracts\\nof land in America. In 1632 a charter\\ngranted by Charles I. to Cecilius Calvert, Lord Balti-\\nmore, founded the palatinate colony of Maryland. To\\nunderstand the nature of this charter, we must observe\\nthat among the counties of England there were three\\nwhose rulers from an early time were allowed special\\nprivileges. Because Cheshire and Durham bordered\\nupon the hostile countries, Wales and Scotland, and\\nneeded to be ever on the alert, their rulers, the earls\\nof Chester and the bishops of Durham, were clothed\\nwith almost royal powers of command, and similar\\npowers were afterwards granted through favouritism\\nto the dukes of Lancaster. The three counties were\\ncalled counties palatine (i. e. palace counties\\nBefore 1600 the earldom of Chester and the duchy of\\nLancaster had been absorbed by the crown, but the\\nbishopric of Durham remained the type of an almost\\nindependent state, and the colony palatine of Mary-\\ncharter of modelled after it. The charter of\\nMaryland. Maryland conferred upon Lord Baltimore\\nthe most extensive privileges ever bestowed by the\\nBritish crown upon any subject. He was made\\nabsolute lord of the land and water within his bound-\\naries, coidd erect towns, cities, and ports, make war\\nor peace, call the whole fighting population to arms\\nand declare martial law, levy tolls and duties, estab-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0188.jp2"}, "189": {"fulltext": "THE COLONIAL GOVERNMENTS. 151\\nlish courts of justice, appoint judges, magistrates,\\nand other civil officers, execute the laws, and pardon\\noffenders. He could erect manors, with courts-baron\\nand courts-leet, and confer titles and dignities, so that\\nthey differed from those of England. He could make\\nlaws with the assent of the freemen of the province,\\nand, in cases of emergency, ordinances not impairing\\nlife, limb, or property, without their assent. He could\\nfound churches and chapels, have them consecrated\\naccording to the ecclesiastical laws of England, and\\nappoint the incumbents. L-^ For his territory and\\nthese royal powers Lord Baltimore was to send over\\nto the palace at Windsor a tribute of two Indian\\narrows yearly, and to reserve for the king one fifth\\npart of such gold and silver as he might happen to\\nget by mining. The king furthermore bound him-\\nself and his successors to lay no taxes, customs, sub-\\nsidies, or contributions whatever upon the people of\\nthe province, and in case of any such demand being\\nmade, the charter expressly declared that this clause\\nmight be pleaded as a discharge in full. Maryland\\nwas thus almost an indejjendent state. Baltimore s\\ntitle was Lord Proprietary of Maryland, and his title\\nand powers were made hereditary in his family, so\\nthat he was virtually a feudal king. His rule, how-\\never, was effectually limited. The government of\\nMaryland was carried on by a governor and a two-\\nchambered legislature. The governor and the mem-\\nbers of the upper house of the legislature were ap-\\npointed by the lord proprietary, but the lower house\\nof the legislature was elected, here as elsewhere, by\\nthe people and in accordance with time-honoured\\nEnglish custom all taxation must originate in the\\nlower house, which represented the people.\\nBrowne s Maryland the History of a Palatinate, p. 19.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0189.jp2"}, "190": {"fulltext": "162 THE STATE.\\nHalf a century after the founding of Maryland,\\nsimilar though somewhat less extensive proprietary\\npowers were granted by Charles II. to Wil\u00c2\u00ab\\nPennsyi- Ham Peuu, and under them the colony of\\nPennsylvania was founded and Delaware\\nwas purchased. Pennsylvania and Delaware had each\\nits house of representatives elected by the people;\\nbut there was only one governor and council for the\\ntwo colonies. The governor and council were ap-\\npointed by the lord proprietary, and as the council\\nconfined itself to advising the governor and did not\\ntake part in legislation, there was no upper house.\\nThe legislature was one-chambered. The office of\\nlord proprietary was hereditary in the Penn family.\\nFor about eighty years the Penns and Calverts\\nquarrelled, like true sovereigns, about the boundary-\\nline between their principalities, until in 1763 the\\nmatter was finally settled. A line was agreed upon,\\nMaBonand survcy was made by two distin-\\nDixon siiue. g^igjied mathematicians, Charles Mason and\\nJeremiah Dixon. The line ran westward 244 miles\\nfrom the Delaware River, and every fifth milestone\\nwas engraved with the arms of Penn on the one side\\nand those of Calvert on the other. In later times,\\nafter all the states north of Maryland had abolished\\nslavery, Mason and Dixon s line became famous as\\nthe boundary between slave states and free states.\\nAt first there were other proprietary colonies be-\\nsides those just mentioned, but in course of time the\\nrights or powers of their lords proprietary\\nprietarygov- wcre rcsumcd by the crown. When New\\nNetherland was conquered from the Dutch\\nit was granted to the duke of York as lord proprie-\\ntary but after one-and-twenty years the duke a\\neended the throne as James II., and so the part of", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0190.jp2"}, "191": {"fulltext": "THE COLONIAL GOVERNMENTS. 153\\nthe colony which he had kept became the royal prov-\\nince of New York. The part which he had sold to\\nBerkeley and Carteret remained for a while the pro-\\nprietary colony of New Jersey, sometimes under one\\ngovernment, sometimes divided between two but the\\nrule of the lords proprietary was very unpopular, and\\nin 1702 their rights were surrendered to the crown.\\nThe Carolinas and Georgia were also at first proprie-\\ntary colonies, but after a while they willingly came\\nunder the direct sway of the crown. In general the\\nproprietary governments were unpopular because the\\nlords proprietary, who usually lived in England and\\nvisited their colonies but seldom, were apt to regard\\ntheir colonies simply as sources of personal income.\\nThis was not the case with William Penn, or the\\nearlier Calverts, or with James Oglethorpe, the illus-\\ntrious founder of Georgia but it was too often the\\ncase. So long as the lord s rents, fees, and other\\nemoluments were duly collected, he troubled himself\\nvery little as to what went on in the colony. If that\\nhad been all, the colony would have troubled itself\\nvery little about him. But the governor appointed\\nby this absentee master was liable to be more devoted\\nto his interests than to those of the people, and the\\ncivil service was seriously damaged by worthless\\nfavourites sent over from England for whofn the gov-\\nernor was expected to find some office that would pay\\nthem a salary. On the whole, it seemed less unsatis-\\nfactory to have the governors appointed by the crown\\nand so before the Revolutionary War all the pro-\\nprietary governments had fallen, except those of the\\nPenns and the Calverts, which doubtless survived be-\\ncause they were the best organized and best admin-\\nistered.\\nThere were thus at the time of the Revolutionary", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0191.jp2"}, "192": {"fulltext": "154 THE STATE.\\nWar three forms o\u00c2\u00a3 state government in the Ameri\\ncan colonies. There were, iirst, the Repubh-\\nAt the tune\\nof the Revo- can colonies, m which the governors were\\niution there i i i i t\u00c2\u00bbi t t i\\nwere three elected Dv thc pcople, as m Rhode Island and\\nforms of J i. X\\ncolonial gov- Connecticut secondly, the Proprietary colo-\\nRepubiican, nics, in which the governors were appointed\\n2. Proprie- t ii/ i i\\ntary, 3. by hereditary proprietors, as m Maryland,\\nPennsylvania, and Delaware thirdly, the\\nRoyal colonies,^ in which the governors were appointed\\nby the crown, as in Georgia, the two Carolinas, Vir-\\nginia, New Jersey, New York, Massachusetts, and New\\nHampshire. It is customary to distinguish the Repub-\\nlican colonies as Charter colonies, but that is not an\\naccurate distinction, inasmuch as the Proprietary colo-\\nnies also had charters. And among the Royal colonies,\\nMassachusetts, having been originally a republic, still\\nhad a charter in which her rights were so defined as to\\nplace her in a somewhat different position from the\\nother Royal colonies so that Prof. Alexander John-\\nston, with some reason, puts her in a class by herself\\nas a Semi-royal colony.\\nThese differences, it will be observed, related to the\\ncharacter and method of filling the governor s office.\\nIn the Republican colonies the governor naturally\\nrepresented the interests of the people, in the Pro-\\nin all three prictary colonies he was the agent of the\\nwlfarep-^ Pcuus or the Cal verts, in the Royal colonies\\nIssembiy he was the agent of the king. All the thir-\\nTo^w im- teen colonies alike had a legislative assem-\\npose taxes, -j^jiy. elected by the people. The basis of rep-\\nresentation might be different in different colonies, as\\n1 Or, as they were sometimes called, Royal provinces. In the\\nhistory of Massachusetts many writers distinguish the period\\nbefore 1692 as the colonial period, and the period 1692 to 1774\\nas the provincial period.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0192.jp2"}, "193": {"fulltext": "THE COLONIAL GOVERNMENTS. 155\\nwe have seen that in Massachusetts the delegates rep-\\nresented townships, whereas in Virginia they repre-\\nsented counties but in all alike the assembly was a\\ntruly representative body, and in all alike it was the\\nbody that controlled the expenditure of public money.\\nThese representative assemblies arose spontaneously\\nbecause the founders of the American colonies were\\nEnglishmen used from time immemorial to tax them-\\nselves and govern themselves. As they had been\\nwont to vote for representatives in England, instead\\nof leaving things to be controlled by the king, so now\\nthey voted for representatives in Maryland or New\\nYork, instead of leaving things to be controlled by\\nthe governor. The spontaneousness of all this is\\nquaintly and forcibly expressed by the great Tory his-\\ntorian Hutchinson, who tells us that in the year 1619 a\\nhouse of burgesses hrohe out in Virginia as if it had\\nbeen the mumps, or original sin, or any of those things\\nthat people cannot help having.\\nThis representative assembly was the lower house\\nin the colonial legislatures. The governor always had\\na council to advise with him and assist him in his execu-\\ntive duties, in imitation of the king s privy\\ncouncil in England. But in nearly all the or s counca\\ncolonies this council took part in the work of upper\\nof legislation, and thus sat as an upper\\nhouse, with more or less power of reviewing and\\namending the acts of the assembly. In Pennsylvania,\\nas already observed, the council refrained from this\\nlegislative work, and so, until some years after the\\nRevolution, the Pennsylvania legislature was one-\\nchambered. The members of the council were ap-\\npointed in different ways, sometimes by the king or\\nthe lord proprietary, or, as in Massachusetts, by the\\noutgoing legislature, or, as in Connecticut, they were\\nelected by the people.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0193.jp2"}, "194": {"fulltext": "156 THE STATE.\\nThus all the colonies had a government framed\\nafter the model to which the people had been accus-\\nThe colonial tomcd in England. It was like the English\\nwaruke^the sjstcm in miniature, the governor answering\\nte^ to^min- king, and the legislature, usually twO\\niature. chambered, answering to parliament. And\\nas quarrels between king and parliament were not un-=\\ncommon, so quarrels between governor and legislature\\nwere very frequent indeed, except in Connecticut and\\nRhode Island. The royal governors, representing\\nBritish imperial ideas rather than American ideas,\\nwere sure to come into conflict with the popular assem-\\nblies, and sometimes became the objects of bitter\\npopular hatred. The disputes were apt to be con-\\ncerned with questions in which taxation was involved,\\nsuch as the salaries of crown officers, the appropri-\\nations for war with the Indians, and so on. Such\\ndisputes bred more or less popular discontent, but\\nthe struggle did not become flagrant so long as the\\nBritish parliament refrained from meddling with it.\\nThe Americans never regarded parliament as pos-\\nsessing any rightful authority over their internal af-\\nfairs. When the earliest colonies were f.ounded, it\\nTheAmer- ^as the general theory that the American\\nidmittedthe wildemcss was part of the king s private\\nof^paSa-^ domain and not subject to the control of\\nment; parliament. This theory lived on in Amer-\\nica, but died out in England. On the one hand the\\nAmericans had their own legislatures, which stood to\\nthem in the place of parliament. The authority of\\nparliament was derived from the fact that it was a\\nrepresentative body, but it did not represent Amer-\\nicans. Accordingly the Americans held that the re-\\nlation of each American colony to Great Britain was\\nlike the relation between England and Scotland in", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0194.jp2"}, "195": {"fulltext": "THE COLONIAL GOVERNMENTS. 157\\nthe seventeentli century. England and Scotland then\\nhad the same king, but separate parliaments, and the\\nEnglish parliament could not make laws for Scotland.\\nSuch is the connection between Sweden and Norway\\nat the present day they have the same king, but\\neach country legislates for itself. So the American\\ncolonists held that Virginia, for example, and Great\\nBritain had the same king, but each its independent\\nlegislature and so with the other colonies, there\\nwere thirteen parliaments in America, each as sover-\\neign within its own sphere as the parliament at West-\\nminster, and the latter had no more right to tax the\\npeople of Massachusetts than the Massachusetts legis-\\nlature had to tax the people of Virginia.\\nIn one respect, however, the Americans did admit\\nthat parliament had a general right of supervision\\nover all parts of the British empire. Mari- except m the\\ntime commerce seemed to be as much the Sume\\naffair of one part of the empire as another, commerce.\\nand it seemed right that it should be regulated by the\\ncentral parliament at Westminster. Accordingly the\\nAmericans did not resist custom-house taxes as long\\nas they seemed to be imposed for purely commercial\\npurposes but they were quick to resist direct taxa-\\ntion, and custom-house taxes likewise, as soon as these\\nbegan to form a part of schemes for extending the\\nauthority of parliament over the colonies.\\nIn England, on the other hand, this theory that the\\nAmericans were subiect to the king s au-\\n1 c f England\\nthority but not to that of parliament natu- there grew\\n.up the the-\\nrallv became unintelligible after the king ory of the\\ni\u00c2\u00abiciii 11 imperial su-\\nhimseli had become virtually subiect to par- premacy of\\nT rrn o 1 1 n 1 parliament.\\nliament. ihe otuart kings might call them-\\nselves kings by the grace of God, but since 1688 the sov-\\nereigns of Great Britain owe their seat upon the throne", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0195.jp2"}, "196": {"fulltext": "158 THE STATE.\\nto an act of parliament. To suppose that the king s\\nAmerican subjects were not amenable to the authority\\nof parliament seemed like supposing that a stream\\ncould rise higher than its source. Besides, after 1700\\nthe British empire began to expand in all parts of the\\nworld, and the business of parliament became more\\nand more imperial. It could make laws for the East\\nIndia Company why not, then, for the Company of\\nMassachusetts Bay\\nThus the American theory of the situation was\\nirreconcilable with the British theory, and when par-\\nliament in 1765, with no unfriendly purpose, began\\nlaying taxes upon the Americans, thus invading the\\nprovince of the colonial legislatures, the Americans\\nrefused to submit. The ensuing quarrel might doubt-\\nconflict be- less havc been peacefully adjusted, had not\\nBTmsh*and the king, George III., happened to be enter-\\ni^an^heT taiuiug political schemes which were threat-\\ncipttred^by en. d with ruin if the Americans should get\\nGeorge m. \u00c2\u00a3^jj, iiearina- for their side of the case.^\\nThus political intrigue came in to make the situation\\nhopeless. When a state of things arises, with which\\nmen s established methods of civil government are in-\\ncompetent to deal, men fall back upon the primitive\\nmethod which was in vogue before civil government\\nbegan to exist. They fight it out and so we had our\\nRevolutionary War, and became separated politically\\nfrom Great Britain. It is worthy of note, in this\\nconnection, that the last act of parliament, which\\nbrought matters to a crisis, was the so-called Regulat=\\ning Act of April, 1774, the purpose of which was to\\nchange the government of Massachusetts. This act\\nprovided that members of the council should be ap-\\n1 See my War of Independence, pp. 58-64, 69-71 (Riverside\\nLibrary for Young People)", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0196.jp2"}, "197": {"fulltext": "THE COLONIAL GOVERNMENTS. 159\\npointed by the royal governor, tliat they should be paid\\nby the crown and thus be kept subservient to it,\\nthat the principal executive and judicial officers should\\nbe likewise paid by the crown, and that town-meetings\\nshould be prohibited except for the sole purpose of\\nelecting town officers. Other unwarrantable acts were\\npassed at the same time, but this was the worst.\\nTroops were sent over to aid in enforcing this act, the\\npeople of Massachusetts refused to recognize its valid-\\nity, and out of this political situation came the battles\\nof Lexing-ton and Bunker Hill.\\nQUESTIONS ON THE TEXT.\\n1. Various claims to North America\\na. Spanish.\\nh. English.\\nc, French.\\n2. What was needed to make such claims of any value\\n3. The London and Plymouth companies\\na. The time and purpose of their organizatiop.\\nb. The grant to the London Company.\\nc. The grant to the Plymouth Company.\\nd. The magnitude of the zones granted.\\ne. The peculiar provisions for the intermediate zone.\\nf. First attempts at settlement.\\n4. To what important principle of the common charter of these\\ntwo companies did the colonists persistently cling\\n5. The influence of these short-lived companies upon the settle-\\nment and government of the United States\\na. A review of the zones and tlieir assignment.\\nb. The states of the northern zone and their origin.\\nc. The states of the southern zone and their origin.\\nd. The states of the middle zone and their origin.\\ne. The influence of the movement of population on local\\ngovernment in each zone.\\n6. Early state government in Virginia\\na. The part appointed and the part elected.\\nb. The first legislative body in America.\\nc. The dignity of its members.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0197.jp2"}, "198": {"fulltext": "160 THE STATE.\\nd. The reason for the name House of Burgesses.\\n7. Early state government in Massachusetts\\na. The Dorchester Company.\\n6. The government provided for the Company of Massachu\u00c2\u00ab\\nsetts Bay by its charter.\\nc. The real purpose of the Puritan leaders,\\nd. The change from the primary assembly of freemen to the\\nrepresentative assembly.\\ne. The division of this assembly into two houses, with a com-\\nparison of the houses.\\nf. The reason for the name General Court.\\ng. The loss of the charter and the causes that led to it.\\nh. The new charter as compared with the old.\\n8. Compare the early governments of Connecticut and Rhode\\nIsland with the first government of Massachusetts.\\n9. What two kinds of state government have thus far been\\nobserved\\n\\\\o. Early state government in Maryland\\na. The favouritism of the crown as shown in land grants.\\n6. The palatine counties of England.\\nc. The bishopric of Durham the model of the colony of\\nMaryland.\\nd. The extraordinary privileges granted Lord Baltimore.\\ne. The tribute to be paid in return.\\nf. The ruler a feudal king.\\ng. Limitations of the ruler s power.\\n11. Early state government in Pennsylvania and Delaware\\na. The powers of Penn as compared with those of Calvert.\\nb. One governor and council.\\nc. The legislature of each colony.\\nd. The quarrels of the Penns and Calverts.\\ne. Mason and Dixon s line.\\n12. What other proprietary governments were organized, and\\nwhat was their fate\\n13. Why were proprietary governments unpopular (Note the\\nexceptions, however.)\\n14. Classify and define the forms of colonial govei-nment in ex-\\nistence at the beginning of the Revolution.\\n15. Show that these forms differed chiefly in respect to the gov-\\nernor s office.\\n16. A representative assembly in each of the thirteen colo-\\nnies", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0198.jp2"}, "199": {"fulltext": "THE TRANSITION. 161\\na. The basis of representation.\\nb. The control of the public money.\\nc. The spontaneousness of the representative assembly.\\n1 7. The governor s council\\na. The custom in England.\\nh. The council as an upper house.\\nc. The council in Pennsylvania.\\n18. Compare the colonial systems with the British (1) in organ-\\nization and (2) in the nature of their political quarrels.\\n19. What was the American theory of the relation of each col-\\nony to the British parliament\\n20. What was the American attitude towards maritime regula-\\ntions\\n21. What was the British theory of the relation of the Ameri-\\ncan colonies to parliament\\n22. How was the Revolutionary War brought on\\n23. Describe the last act of parliament that brought matters to a\\n2. The Transition from Colonial to State Gov-\\nernments.\\nDuring the earlier part of the Revolutionary War\\nmost of the states had some kind of provisional gov-\\nernment. The case of Massachusetts may serve as an\\nillustration. There, as in the other colonies, the gov-\\nernor had the power of dissolving the assem- cisaoiution\\nbly. This was like the king s power of dis- bLTand\\nsolving parliament in the days of the Stuarts. Parliaments.\\nIt was then a dangerous power. In modern England\\nthere is nothing dangerous in a dissolution of parlia-\\nment on the contrary, it is a useful device for ascer-\\ntaining the wishes of the people, for a new House of\\nCommons must be elected immediately. But in old\\ntimes the king would turn his parliament out of doors,\\nand as long as he could beg, borrow, or steal enough\\nmoney to carry on government according to his own\\nnotions, he would not order a new election. Fortu-\\nnately such periods were not very long. The latest", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0199.jp2"}, "200": {"fulltext": "162 THE STATE.\\ninstance was in tlie reign of Charles I., who got on\\nwithout a parliament from 1629 to 1640.^ In the\\nAmerican colonies the dissolution of th6 assembly by\\nthe governor was not especially dangerous, but it\\nsometimes made mischief by delaying needed legisla-\\ntion. During the few years preceding the Revolu-\\ntion, the assemblies were so often dissolved that it\\nbecame necessary for the people to devise some new\\nway of getting their representatives together to act\\nfor the colony. In Massachusetts this end was at- y\\ntained by the famous Committees of Correspondence.\\nNo one could deny that town-meetings were\\nCommittees ,1 -t j. r.\\nof corre- legal, or that the people oi one township\\nspon ence. right to ask advicc from the people of\\nanother township. AccordingljA^ each 4;ownship ap-\\npointed a committee to correspond or confer with\\ncommittees from other townships. This system was\\nput into operation by Samuel Adams in 111% and for\\nthe next two years the popular resistance to the crown\\nwas organized by these committees. For example,\\nbefore the tea was thrown into Boston harbour, the\\nBoston committee sought and received advice from\\nevery township in Massachusetts, and the treatment\\nof the tea-ships was from first to last directed by the\\ncommittees of Boston and five neighbour towns.\\nIn 1774 a further step was taken. As parliament\\nhad overthrown the old government, and sent over\\nGeneral Gage as military governor, to put itsTiew sys-\\ntem into operation, the people defied and ignored\\nGage, and the townships elected delegates to meet\\nThe kings of France contrived to get along without a rep-\\nresentative assembly from 1614 to 1789, and during this long\\nperiod abuses so multiplied that the meeting of the States-Gen-\\neral in 1789 precipitated the great revolution which overthrew\\nthe monarchy.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0200.jp2"}, "201": {"fulltext": "THE TRANSITION. 163\\ntogether in what was called a Provincial Congress.\\nThe president of this congress was the chief Provincial\\nexecutive officer of the commonwealth, and ^6^8-\\nthere was a small executive council, known as the\\nCommittee of Safety.\\nThis provisional government lasted about a year. In\\nthe summer of 1775 the people went further. They\\nfell back upon their charter and proceeded to carry oi\\ntheir government as it had been carried on before\\n1774, except that the governor was left out altogether.\\nThe people in town-meeting elected their representa-\\ntives to a general assembly, as of old, and this assembly\\nchose a council of twenty-eight members to sit as an\\nupper house. The president of the council was the fore-\\nmost executive officer of the commonwealth, but he had\\nnot the powers of a governor. He was no more the\\ngovernor than the president of our federal senate is\\nthe president of the United States, The powers of the\\ngovernor were really vested in the council, which was\\nan executive as well as a legislative body, and the\\npresident was its chairman. Indeed, the title\\n\u00e2\u0080\u00a21 1 T c Provisional\\npresident is simply the L/atin for chair- govem-\\n1 c ments;\\nman, ne who presides or sits before govem-\\n11 T -trrrrr ors and\\nan assembly, in 1775 it was a more mod- presi-\\n\u00e2\u0080\u00a211 ?\u00c2\u00bbiii 1 dents.\\nest title than governor, and had not the\\nsmack of semi-royalty which lingered about the lat=\\nter. Governors had made so much trouble that people\\nwere distrustful of the office, and at first it was\\nthought that the council would be quite sufficient for\\nthe executive work that was to be done. Several of\\nthe states thus organized their governments with a\\ncouncil at the head instead of a governor and hence\\nin reading about that period one often comes across\\nthe title president, somewhat loosely used as if\\nequivalent to governor. Thus in 1787 we find Benja-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0201.jp2"}, "202": {"fulltext": "164 THE STATE.\\nmin Franklin called president of Pennsylvania,\\nmeaning president of the council of Pennsylvania.\\nBut this arrangement did not prove satisfactory and\\ndid not last long. It soon appeared that for executive\\nwork one man is better than a group of men. In\\nMassachusetts, in 1780, the old charter was replaced\\nby a new written constitution, under which was formed\\nthe state government which, with some emendations in\\ndetail, has continued to the present day. Before the\\nend of the eighteenth century all the states except\\nConnecticut and Rhode Island, which had always\\nbeen practically independent, thus remodelled their\\ngovernments.\\nThese changes, however, were very conservative.\\nThe old form of government was closely followed.\\nFirst there was the governor, elected in some states\\nby the legislature, in others by the people. Then\\nthere was the two-chambered legislature, of which the\\nlower house was the same institution after the Revolu-\\noriginof *^o^ i^ been before. The upper\\nthe Senates, jjouse, Or couucil, was retained, but in a\\nsomewhat altered form. The Americans had been\\nused to having the acts of their popular assemblies\\nreviewed by a council, and so they retained this revi-\\nsory body as an upper house. But the fashion of\\ncopying names and titles from the ancient Roman re-\\npublic was then prevalent, and accordingly the upper\\nhouse was called a Senate. There was a higher prop-\\nerty qualification for senators than for representatives,\\nand generally their terms of service were longer. In\\nsome states they were chosen by the people, in others by\\nthe lower house. In Maryland they were chosen by\\na special college of electors, an arrangement which\\nwas copied in our federal government in the election\\nof the president of the United States. In most of the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0202.jp2"}, "203": {"fulltext": "THE TRANSITION. 165\\nstates there was a lieutenant-governor, as there had\\nbeen in the colonial period, to serve in case of the\\ngovernor s death or incapacity ordinarily the lieuten-\\nant-governor presided over the senate.\\nThus our state governments came to be repetitions\\non a small scale of the king, lords, and commons of\\nEngland. The governor answered to the king, with\\nhis dignity very much curtailed by election for a short\\nperiod. The senate answered to the House of Lords\\nexcept in being a representative and not a hereditary\\nbody. It was supposed to represent more especially\\nthat part of the community which was possessed of\\nmost wealth and consideration and in several states\\nthe senators were apportioned with some reference to\\nthe amount of taxes paid by different parts of the\\nstate.^ When New York made its senate a supreme\\ncourt of appeal, it was in deliberate imitation of the\\nHouse of Lords. On the other hand, the House of\\nRepresentatives answered to the House of Commons\\nas it used to be in the days when its power was really\\nlimited by that of the upper house and the\\nking. At the present day the English and differ-\\n611C6 b6~\\nHouse of Commons is a supreme body. In tween Brit-\\ncase of a serious difference with the House American\\nof Lords, the upper house must yield, or\\nelse new peers will be created in sufficient number to\\nreverse its vote and the lords always yield before this\\npoint is reached. So, too, though the veto power of\\nthe sovereign has never been explicitly abolished, it\\nhas not been exercised since 1707, and would not now\\nbe tolerated for a moment. In America there is no\\nsuch supreme body. The bill passed by the lower\\nhouse may be thrown out by the upper house, or if it\\npasses both it may be vetoed by the governor and\\nSee my Critical Period of American History, p. 68.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0203.jp2"}, "204": {"fulltext": "166 THE STATE.\\nunless the bill can again pass both houses by more\\nthan a simple majority, the veto will stand. In most\\nof the states a two-thirds vote in the affirmative is\\nrequired.\\nQUESTIONS ON THE TEXT.\\n1 The dissolution of assemblies and parliaments\\na. The governor s power over the assembly in the colonies.\\nb. The king s power over parliament in England.\\nc. The danger of dissolution in the time of the Stuarts.\\nd. The safety of dissolution in modern England.\\ne. The frequency of dissolution before the Revolution.\\n2. Representation of the people in the provisional government\\nof Massachusetts\\na. The committees of correspondence.\\nh. Their function, with an illustration from the tea-ships.\\nc. The provincial congress.\\nd. The committee of safety.\\ne. The return to the two-chambered legislature of the char-\\nter.\\n3. Executive powers in the provisional government of Massachu-\\nsetts\\na. The foremost executive officer.\\nh. Where the power of governor was really vested.\\nc. Why the name of president was preferred to that of gov-\\nernor.\\nd. The example of Massachusetts followed elsewhere.\\ne. The end of provisional government in 1780.\\n4. The council transformed to a senate\\na. The principle of reviewing the acts of the popular as-\\nsembly.\\nh. The borrowing of Roman names.\\nc. The qualifications and service of senators.\\nd. The lieutenant-governor.\\ng. Our state governments patterned after the government of\\nEngland\\na. The governor and the king.\\nh. The Senate and the House of Lords.\\nc. The House of Representatives and the House of Commons.\\nd. Some differences between the British system and the\\nAmerican.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0204.jp2"}, "205": {"fulltext": "THE STATE GOVERNMENTS. 167\\n3. The State Governments.\\nDuring the present century our state governments\\nhave undergone more or less revision, chiefly in the\\nway of abolishing property qualifications for office,\\nmaking the suffrage universal, and electing officers\\nthat were formerly appointed. Only in Delaware\\ndoes there still remain a property qualification for\\nsenators. There is no longer any distinction in\\nprinciple between the upper and lower Later modi-\\nhouses of the legislature. Both represent fi \u00c2\u00bbs.\\npopulation, the usual difference being that the senate\\nconsists of fewer members who represent larger dis-\\ntricts. Usufilly, too, the term of the representatives\\nis two years, and the whole house is elected at the\\nsame time, while the term of senators is four years,\\nand half the number are elected every two years.\\nThis system of two-chambered legislatures is prob-\\nably retained chiefly through a spirit of conserva-\\ntism, because- it is what we are used to. But it no\\ndoubt has real advantages in checking hasty legis-\\nlation. People are always wanting to have laws made\\nabout all sorts of things, and in nine cases out of ten\\ntheir laws would be pernicious laws so that it is well\\nnot to have legislation made too easy.\\nThe suffrage by which the legislature is elected is\\nalmost universal. It is given in all the states to all\\nmale citizens who have reached the age of one-and-\\ntwenty. In many it is given also to denizetis of for-\\neign birth who have declared an intention of becom-\\ning citizens. In some it is given without further\\nspecification to every male inhabitant of voting age.\\nResidence in the state for some j)eriod, vary- -phe suf-\\ning from three months to two years and a\\nhalf, is also generally required sometimes a certain", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0205.jp2"}, "206": {"fulltext": "168 THE STATE.\\nlength of residence in tlie county, the town, or even\\nin the voting precinct, is prescribed. In many of the\\nstates it is necessary to have paid one s poll-tax.\\nThere is no longer any property qualification, though\\nthere was until recently in Rhode Island. Criminals,\\nidiots, and lunatics are excluded from the suffrage.\\nSome states also exclude duellists and men who bet\\non elections. Connecticut and Massachusetts shut\\nout persons who are unable to read. In no other\\ncountry has access to citizenship and the suffrage been\\nmade so easy.\\nA peculiar feature of American governments, and\\nsomething which it is hard for Europeans\\nbetween leg- to Understand, is the almost complete sepa-\\ntheexecu- ration between the executive and the legis-\\nlative departments. In European countries\\nthe great executive officers are either members of the\\nlegislature, or at all events have the right to be present\\nat its meetings and take part in its discussions and\\nas they generally have some definite policy by which\\nthey are to stand or fall, they are wont to initiate legis-\\nlation and to guide the course of the discussion. But\\nin America the legislatures, having no such central\\npoints about which to rally their forces, carry on their\\nwork in an aimless, rambling sort of way, through the\\nagency of many standing committees. When a mea-\\nsure is proposed it is referred to one of the committees\\nfor examination before the house will have anything\\nto do with it. Such a preliminary examination is of\\ncourse necessary where there is a vast amount of legis-\\nlative work going on. But the private and discon-\\nnected way in which our committee work is done\\ntends to prevent full and instructive discussion in the\\nhouse, to make the mass of legislation, always chaotic\\nenough, somewhat more chaotic, and to facilitate the\\nvarious evil devices of lobbying and log-rolling.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0206.jp2"}, "207": {"fulltext": "THE STATE GOVERNMENTS. 169\\nIn pointing out this inconvenience attendant upon\\nthe American plan of separating the executive and\\nlegislative departments, I must not be understood as\\nadvocating the European plan as preferable for this\\ncountry. The evils that inevitably flow from any\\nfundamental change in the institutions of a country\\nare apt to be much more serious than the evils which\\nthe change is intended to remove. Political govern-\\nment is like a plant a little watering and pruning do\\nvery well for it, but the less its roots are fooled with,\\nthe better. In the American system of government\\nthe independence of the executive department, with\\nreference to the legislative, is fundamental and on\\nthe whole it is eminently desirable. One of the most\\nserious of the dangers which beset democratic govern-\\nment, especially where it is conducted on a great scale,\\nis the danger that the majority for the tim^ being will\\nuse its power tyrannically and unscrupulously, as it is\\nalways tempted to do. Against such unbridled democ-\\nracy we have striven to guard ourselves by various\\nconstitutional checks and balances. Our written con-\\nstitutions and our Supreme Court are important safe-\\nguards, as will be shown below. The independence\\nof our executives is another important safeguard.\\nBut if our executive departments were mere com-\\nmittees of the legislature like the English cabinet,\\nfor example this independence could not possibly\\nbe maintained and the loss of it would doubtless\\nentail upon us evils far greater than those which\\nnow flow from want of leadership in our legislatures.\\nIn two admirable essays on Cabinet Responsibility and the\\nConstitution, and Democracy and the Constitution, Mr.\\nLawrence Lowell has convincingly argued that the American\\nsystem is best adapted to the circumstances of this country.\\nLowell, Essays on Government, pp. 20-117, Boston, 1890.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0207.jp2"}, "208": {"fulltext": "170 THE STATE.\\nWe must remember that government is necessarily a\\ncumbrous affair, however conducted.\\nThe only occasion on which the governor is a part\\nof the legislature is when he signs or vetoes a bill.\\nThe state Then he is virtually in himself a third house,\\nexecutive, ^g exccutive officer the governor is far\\nless powerful than in the colonial times. We shall\\nsee the reason of this after we have enumerated some\\nof the principal offices in the executive department.\\nThere is always a secretary of state, whose main duty\\nis to make and keep the records of state transactions.\\nThere is always a state treasurer, and usually a state\\nauditor or comptroller to examine the public accounts\\nand issue the warrants without which the treasurer\\ncannot pay out a penny of the state s money. There\\nis almost always an attorney-general, to appear for\\nthe state in the supreme court in all cases in which\\nthe state is a party, and in all prosecutions for capital\\noffences. He also exercises some superintendence\\nover the district attorneys, and acts as legal adviser\\nto the governors and the legislature. There is also in\\nmany states a superintendent of education.; and in\\nsome there are boards of education, of health, of\\nlunacy and charity, bureaux of agriculture, commis-\\nsioners of prisons, of railroads, of mines, of harbours,\\nof immigration, and so on. Sometimes such boards\\nare appointed by the governor, but such officers as\\nthe secretary of state, the treasurer, auditor, and at-\\ntorney-general are, in almost all the states, elected by\\nthe people. They are not responsible to the governor,\\nbut to the people who elect them. They are not sub-\\nordinate to the governor, but are rather his colleagues.\\nStrictly speaking, the governor is not the head of the\\nexecutive department, but a member of it. The exec\\nutive department is parcelled out in several pieces,\\nand his is one of the pieces.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0208.jp2"}, "209": {"fulltext": "THE STATE GOVERNMENTS. 171\\n^he ordinary functions of the governor are four in\\nnumber. 1. He sends a message to the legislature,\\nat the beginning of each session, recommend- ^j^g g^^,\\ning such measures as he would like to see tioM -^fTa^\\nembodied in legislation. 2. He is com- J sfXre/T\\nmander-in-chief of the state militia, and as of^^X\\nsuch can assist the sheriff of a county in \u00e2\u0084\u00a2ii*i\u00c2\u00bb-\\nputting down a riot, or the President of the United\\nStates, in the event of a war. On such occasions the\\ngovernor may become a personage of immense impor-\\ntance, as, for example, in our Civil War, when Pres-\\nident Lincoln s demands for troops met with such\\nprompt response from the men who will be known to\\nhistory as the great war governors. 3. The gov-\\nernor is invested with the royal prerogative\\no 3_ Royal pre-\\nof pardoning criminals, or commuting the rogativeof\\npardon.\\nsentences pronounced upon them by the\\ncourts. This power belongs to kings in accordance\\nwith the old feudal notion that the king was the\\nsource or fountain of justice. When properly used\\nit affords an opportunity for rectifying some injustice\\nfor which the ordinary machinery of the law could\\nnot provide, or for making such allowances for extraor-\\ndinary circumstances as the court could not properly\\nconsider. In our country it is too often improperly\\nused to enable the worst criminals to escape due\\npunishment, just because it is a disagreeable duty to\\nhang them. Such misplaced clemency is pleasant for\\nthe murderers, but it makes life less secure for honest\\nmen and women, and in the less civilized regions of\\nour country it encourages lynch law. 4. In all the\\nstates except Rhode Island, Delaware, Ohio, and\\nNorth Carolina, the governor has a veto upon the acts\\nof the legislature, as above explained and in ordinary\\ntimes this power, which is not executive but legisla-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0209.jp2"}, "210": {"fulltext": "172 THE STATE.\\ntive, is probably the governor s most important and\\nconsiderable power. In thirteen of the states the gov-\\nernor can veto particular items m a bill for the appro-\\n4.vetopow- priatiou of public money, while at the same\\ntime he approves the rest of the bill. This\\nis a most important safeguard against corruption, be-\\ncause where the governor does not have this power\\nit is possible to make appropriations for unworthy\\nor scandalous purposes along with appropriations for\\nmatters of absolute necessity, and then to lump them\\nall together in the same bill, so that the governor\\nmust either accept the bad along with the good or re-\\nject the good along with the bad. It is a great gain\\nwhen the governor can select the items and veto some\\nwhile approving others. In such matters the gov-\\nernor is often more honest and discreet than the legis-\\nlature, if for no other reason, because he is one man,\\nand responsibility can be fixed upon him more clearly\\nthan upon two or three hundred.\\nSuch, in brief outline, is the framework of the\\nAmerican state governments. But our account would\\nbe very incomplete without some mention of three\\npoints, all of them especially characteristic of the\\nAmerican state, and likely to be overlooked or misun-\\nderstood by Europeans.\\nFirst., while we have rapidly built up one of the\\ngreatest empires yet seen upon the earth, we have left\\nour self-government substantially unimpaired\\nIn building mi it. n\\nthe state, m the proccss. This IS exemplified m two\\nself-govern- ways first, in the relationship of the state\\nment\\\\vaa n\\nleft unim- to its towus and couiities, and, secondly, m\\npaired.\\nits relationship to the federal government.\\nOver the township and county governments the state\\nexercises a general supervision indeed, it clothes\\nthem with their authority. Townships and counties", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0210.jp2"}, "211": {"fulltext": "THE STATE GOVERNMENTS. 173\\nhave no sovereignty the state, on the other hand,\\nhas many elements of sovereignty, but it does not use\\nthem to obliterate or unduly restrict the control of the\\ntownships and counties over their own administrative\\nwork. It leaves the local governments to administer\\nthemselves. As a rule there is only just enough state\\nsupervision to harmonize the working of so many local\\nadministrations. Such a system of government comes\\nas near as possible toward making all American citi-\\nzens participate actively in the management of public\\naffairs. It generates and nourishes a public spirit\\nand a universal acquaintance with matters of public\\ninterest such as has probably never before been seen\\nin any great country. Public spirit of equal or greater\\nintensity may have been witnessed in small and highly\\neducated communities, such as ancient Athens or me-\\ndiaeval Florence, but in the United States it is diffused\\nover an area equal to the whole of Europe. Among\\nthe leading countries of the world England is the one\\nwhich comes nearest to the United States in the gen-\\neral diffusion of enlightened public spirit and political\\ncapacity throughout all classes of society.\\nA very notable contrast to the self-government which\\nhas produced such admirable results is to be seen in\\nFrance, and as contrasts are often instructive, let me\\nmention one or two features of the French government.\\nThere is nothing like the irregularity and spontaneity\\nthere that we have observed in our survey of the\\nUnited States. Everything is symmetrical. France\\nis divided into eighty-nine departments^ most instructive\\nof them larger than the state of Delaware, ^th^^*\\nsome of them nearly as large as Connecticut,\\nand the administration of one department is exactly\\nlike that of all the others. The chief officer of the de-\\npartment is the prefect, who is appointed by the minister", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0211.jp2"}, "212": {"fulltext": "174 THE STATE.\\nt the interior at Paris. The prefect is treasurer, re-\\n\u00c2\u00abiruiting officer, school superintendent, all in one, and\\nhe appoints nearly all inferior officers. The department\\nhas a council, elected by universal suffrage, but it has\\nno powe^ of assessing taxes. The central legislature in\\nParis decides for it how much money it shall use and\\nhow it shall raise it. The department council is not\\neven allowed to express its views on political matters\\nit can only attend to purely local details of adminis-\\ntration.\\nThe smallest civil division in France is the com-\\nmune^ which may be either rural or urban. The\\ncommune has a municipal council which elects a\\nmayor but when once elected the mayor becomes di-\\nrectly responsible to the prefect of the department,\\nand through him to the minister of the interior. If\\nthese greater officers do not like what the mayor does,\\nthey can overrule his acts or even suspend him from\\noffice or upon their complaint the President of the\\nRepublic can remove him.\\nThus in France people do not manage their own\\naffairs, but they are managed for them by a hierarchy\\nof officials with its head at Paris. This sys-\\nwhether iti3 tcm was dcviscd by the Constituent Assembly\\nnominally a rrr\\\\r\\\\ i i i i\\ndespotic em- in 1790 and wrought into completeness by\\npire or a re- _^ j orv/-v mi -i i i\\npublic atthe JNapolcon m 1800. 1 he men who devised it\\ntop, there is irrnrv n i i i\\nscarcely any in 1790 actually supposcd that they were m-\\nmentatthe auguratiug a system of political freedom\\nHence gov- and uiiquestioiiably it was a vast improve-\\nernment i i\\nthere rests mcut upou the wrctchcd system which it\\ncurefoun- Supplanted; but as contrasted with Amer\\nican methods and institutions, it is difficult\\nto call it anything else than a highly centralized des-\\npotism. It has gone on without essential change\\nthrough all the revolutions which have overtaken", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0212.jp2"}, "213": {"fulltext": "THE STATE GOVERNMENTS. 175\\nFrance since 1800. The people have from time\\ntime overthrown an unpopular government ae Paris,\\nbut they have never assumed the direct control of\\ntheir own affairs.\\nHence it is commonly remarked that vfjflle the\\ngeneral intelligence of the French people is very\\nhigh, their intelligence in political matters is, com-\\nparatively speaking, very low. Some persons try to\\nexplain this by a reference to peculiarities of race.\\nBut if we Americans were to set about giving to the\\nstate governments things to do that had better be\\ndone by counties and towns, and giving the federal\\ngovernment things to do that had better be done by\\nthe states, it would not take many generations to\\ndull the keen edge of our political capacity. We\\nshould lose it as inevitably as the most consum-\\nmate of pianists will lose his facility if he stops prac-\\ntising. It is therefore a fact of cardinal importance\\nthat in the United States the local governments of\\ntownship, county, and city are left to administer them-\\nselves instead of being administered by a great bureau\\nwith its head at the state capital. In a political society\\nthus constituted from the beginning it has proved pos-\\nsible to build up our Federal Union, in which the\\nstates, while for certain purposes indissolubly united,\\nat the same time for many other purposes retain their\\nself-government intact. As in the case of other aggre-\\ngates, the nature of the American political aggregate\\nhas been determined by the nature of its political\\nunits.\\nSecondly, let us observe how great are the func-\\ntions retained by our states under the conditions of\\nour Federal Union. The powers granted to our fed-\\neral government, such as the control over interna-\\ntional questions, war and peace, the military forces,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0213.jp2"}, "214": {"fulltext": "176 THE STATE.\\nthe coinage, patents and copyriglits, and the regula-\\ntion of commerce between the states and with\\nthe func- foreign countries, all these are powers re-\\ntained by lating to matters that affect all the states,\\nthe Amer- but could uot be rcgulatcd harmoniously by\\nthe separate action of the states. In order\\nthe more completely to debar the states from meddling\\nwith such matters, they are expressly prohibited from\\nentering into agreements with .each other or with a\\nforeign power; they cannot engage in war, save in\\ncase of actual invasion or such imminent danger as\\nadmits of no delay without consent of Congress they\\ncannot keep a military or naval force in time of peace,\\nor impose custom-house duties. Besides all this they\\nare prohibited from granting titles of nobility, coining\\nmoney, emitting bills of credit, making anything but\\ngold and silver coin a tender in payment of debts,\\npassing bills of attainder, ex post facto laws, or laws\\nimpairing the obligation of contracts. The force of\\nthese latter restrictions wiU be explained hereafter.\\nSuch are the limitations of sovereignty imposed upon\\nthe states within the Federal Union.\\nCompared with the vast prerogatives of the state\\nlegislatures, these limitations seem small enough. All\\nthe civil and religious rights of our citizens depend\\nupon state legislation the education of the people is\\nin the care of the states with them rests the regula-\\ntion of the suffrage they prescribe the rules of mar-\\nriage, the legal relations of husband and wife, of par-\\nent and child they determine the powers of masters\\nover servants and the whole law of principal and agent,\\nwhich is so vital a matter in all business transactions\\nthey regulate partnership, debt and credit, insurance\\nthey constitute all corporations, both private and mu-\\nnicipal, except such as specially fulfill the financial or", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0214.jp2"}, "215": {"fulltext": "THE STATE GOVERNMENTS. Ill\\nother specific functions of the federal government;\\nthey control the possession, distribution, and use of\\nproperty, the exercise of trades, and all contract rela-\\ntions and they formulate and administer all criminal\\nlaw, except only that which concerns crimes com^\\nmitted against the United States, on the high seas,\\nor against the law of nations. Space would fail in\\nwhich to enumerate the particulars of this vast range\\nof power to detail its parts would be to catalogue all\\nsocial and business relationships, to examine all the\\nfoundations of law and order.\\nThis enumeration, by Mr. Woodrow Wilson, is so\\nmuch to the point that I content myseK with transcrib-\\ning it. A very remarkable illustration of mustration\\nthe preponderant part played by state law Enpsrws-\\nyn. America is given by Mr. Wilson, in pur- y*\\nSuance of the suggestion of Mr. Franklin Jameson.^\\nConsider the most important subjects of legislation in\\nEngland during the present century, the subjects\\nwhich make up almost the entire constitutional history\\nof England for eighty years. These subjects are\\nCatholic emancipation, parliamentary reform, the\\nabolition of slavery, the amendment of the poor-laws,\\nthe reform of municipal corporations, the repeal of\\nthe corn laws, the admission of Jews to parliament,\\nthe disestablishment of the Irish church, the altera-\\ntion of the Irish land laws, the establishment of na-\\ntional education, the introduction of the ballot, and\\nthe reform of the criminal law. In the United States\\nonly two of these twelve great subjects could be dealt\\nwith by the federal government the repeal of the\\nWoodrow Wilson, The State: Elements of Historical and\\nPractical Politics, p. 437.\\n2 Jameson, Tlie Study of the Constitutional and Political\\nHistory of the States, J. K U. Studies, IV., v.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0215.jp2"}, "216": {"fulltext": "178 THE STATE.\\ncorn laws, as being a question of national revenue and\\ncustom-house duties, and the abolition of slavery, by\\nvirtue of a constitutional amendment embodying some\\nof the results of our Civil War. All the other ques-\\ntions enumerated would have to be dealt with by our\\nstate governments and before the war that was the\\ncase with the slavery question also. A more vivid\\nillustration could not be asked for.\\nHow complete is the circle of points in which the\\nstate touches the life of the American citizen, we may\\nsee in the fact that our state courts make a\\nence of the Complete judiciary system, from top to bot-\\ntom independent of the federal courts. An\\nappeal may be carried from a state court to a federal\\ncourt in cases which are found to involve points of\\nfederal law, or in suits arising between citizens of dif-\\nferent states, or where foreign ambassadors -are con-\\ncerned. Except for such cases the state courts make\\nup a complete judiciary world of their own, quite out-\\nside the sphere of the United States courts.\\nWe have already had something to say about courts\\nin connection with those primitive areas for the ad-\\nministration of justice, the hundred and the county.\\nIn our states there are generally four grades of courts.\\nThere are, first, the justices of the peace., with juris-\\ndiction over petty police offences and civil suits for\\ntrifling sums. They also conduct preliminary hearings\\nin cases where persons are accused of serious crimes, and\\nwhen the evidence seems to warrant it they may com-\\nmit the accused person for trial before a higher court.\\nThe mayor s court in a city usually has jurisdiction sim-\\nilar to that of justices of the peace. Secondly, there\\nare county and municii^al courts., which hear appeals\\nfrom justices of the peace and from mayor s courts,\\nand have original jurisdiction over a more important", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0216.jp2"}, "217": {"fulltext": "THE STATE GOVERNMENTS. 179\\ngrade of civil and criminal cases. Thirdly, there are\\nsuperior courts, liavinsr original inrisdiction\\nJ Constitution\\nover the most important cases and over wider of the state\\ncourts.\\nareas or country, so that they do not con-\\nfine their sessions to one place, but move about from\\nplace to place, like the English justices in eyre.\\nCases are carried up, on appeal, from the lower to the\\nsuperior court. Fourthly, there is in every state a\\nsupreme court, which generally has no original juris-\\ndiction, but only hears appeals from the decisions of\\nthe other courts. In New York there is a supremest\\ncourt, styled the court of ap2)eals, which has the power\\nof revising sundry judgments of the supreme court\\nand there is something similar in New Jersey, Illinois,\\nKentucky, and Louisiana.^\\nIn the thirteen colonies the judges were appointed\\nby the governor, with or without the consent of the\\ncouncil, and they held office during life or good be-\\nhaviour. Among the changes made in our state con-\\nstitutions since the Kevolution, there have been few\\nm.ore important than those which have affected the\\nposition of the judges. In most of the states they are\\nnow elected by the people for a term of years, some-\\ntimes as short as two years. There is a growing feel-\\ning that this change was a mistake. It seems to have\\nlowered the general character of the judiciary. The\\nchange was made by reasoning from analogy it was\\nsupposed that in a free country all offices\\nT 1 1 1 c 1 Elective and\\nought to be elective and for short terms, appointive\\nBut the case of a judge is not really analo-\\ngous to that of executive officers, like mayors and\\ngovernors and presidents. The history of popular\\nliberty is much older than the history of the United\\nStates, and it would be difficult to point to an in-\\n1 Wilson, The State, pp. 509-513.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0217.jp2"}, "218": {"fulltext": "180 THE STATE.\\nstance in which popular liberty has ever suffered from\\nthe life tenure of judges. On the contrary, the judge\\nought to be as independent as possible of all transient\\nphases of popular sentiment, and American experience\\nduring the past century seems to teach us that in the\\nfew states where the appointing of judges during life\\nor good behaviour has prevailed, the administration\\nof justice has been better than in the states where the\\njudges have been elected for specified terms. Since\\n1869 there has been a marked tendency toward\\nlengthening the terms of elected judges, and in several\\nstates there has been a return to the old method of\\nappointing judges by the governor, subject to confir-\\nmation by the senate.^ It is one of the excellent fea-\\ntures of our system of federal government, that the\\nseveral states can thus try experiments each for itself\\nand learn by comparison of results. When things are\\nall trimmed down to a dead level of uniformity by the\\ncentral power, as in France, a prolific source of valu-\\nV, able experiences is cut off and shut up.\\nQUESTIONS ON THE TEXT.\\n1. Modifications of state government during the present cen-\\ntury\\na. Property qualifications for office.\\nh. The distinction between the upper and the lower house.\\nc. The advantage in retaining a two-chambered legislature.\\n2. The suffrage\\na. The persons to whom it is granted.\\nh. The qualifications established.\\nc. The persons excluded from its exercise.\\n3. The separation of the executive and legislative depart-\\nments\\na. The relation of the great executive officers to legislation\\nin Europe.\\nh. The work of legislation in the United States.\\nFor details, see the admirable monograph of Henry Hitch-\\ncock, American State Constitutions, p. 53.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0218.jp2"}, "219": {"fulltext": "THE STATE GOVERNMENTS. 181\\ne. The most serious of the dangers that beset democratic\\ngovernment.\\nd. Important safeguards against such a danger.\\n4. The state executive\\na. The governor as a part of the legislature.\\nb. Officers always belonging to executive departments.\\nc. Officers frequently belonging to executive departments.\\nd. The relation of the governor to other elected executive\\nofficers.\\n5. The ordinary functions of the governor\\na. Advising the legislature.\\nb. Commanding the militia.\\nc. Pardoning criminals or commuting their sentences.\\nd. Vetoing acts of the legislature.\\n6. Why is the power to veto particular items in a bill appro-\\npriating public money an important safeguard against\\ncorruption\\n7. Local self-government in the United States left unim-\\npaired\\na. The extent of state supervision of towns and counties.\\nb. The spirit thus developed in American citizens.\\n8. A lesson from the symmetry of the French government\\na. The departments and their administration.\\nb. The prefect and his duties.\\nc. The department council and its sphere of action.\\nd. The commune.\\ne. The French system contrasted with the American.\\nA common view of the political intelligence of the French.\\ng. The probable effect of excessive state control upon the\\npolitical intelligence of Americans.\\n9. The greatness of the functions retained by the states under\\nthe federal government\\na. Powers granted to the government of the United States.\\nb. The reason for granting such powers.\\nc. The powers denied to the states.\\nd. The reason for such prohibitions.\\ne. The vast range of powers exercised by the states.\\nThe most important subjects of legislation in England for\\nthe past eighty years.\\ng. The governments, state or national, to which these twelve\\nsubjects would have fallen in the United States.\\n10. Speak of the independence of the state courts.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0219.jp2"}, "220": {"fulltext": "182 THE STATE.\\n11. In what cases only may matters be transferred from them to\\na federal court\\n12. The constitution of the state courts\\na. Justices of the peace the mayor s court.\\nh. County and municipal courts.\\nc. The superior courts.\\nd. The supreme court.\\ne. Still higher courts in certain states.\\n13. The selection of judges and their terms of service\\na. In the thirteen colonies.\\nh. In most of the states since the Revolution.\\nc. The reasons f jr a life tenure.\\nd. The tendency since 1869.\\n14. Mention a conspicuous advantage of our system of govern-\\nment over the French.\\nSUGGESTIVE QUESTIONS AND DIRECTIONS.\\nI. Was there ever a charter government in your state If so,\\nwhere is the charter at the present time What is its\\npresent value Try to see it, if possible. (PupUs of\\nBoston and vicinity, for example, may examine in the\\noffice of the secretary of state, at the state house, the\\ncharter of King Charles (1629) and that of WiUiam and\\nand Mary (1692).\\n3 When was your state organized under its present govern-\\nment If it is not one of the original thirteen, what\\nwas its history previous to organization that is, who\\nowned it and controlled it, and how came it to become a\\nstate\\n3. What are the qualifications for voting in your state\\n4. What are the arguments in favour of an educational qualifica-\\ntion for voters (as, for example, the ability to read the\\nConstitution of the United States) What reasons\\nmight be urged against such qualifications\\n5. Who is the governor of your state What political party\\nsupported him for the position For what abUity or\\neminent service was he selected\\n6. Give illustrations of the governor s exercise of the four func-\\ntions of advising, vetoing, pardoning, and commanding\\n(consult the newspapers while the legislature is in session).\\n7. Mention some things done by the governor that are not in*\\neluded in the enumeration of liis functions in the text.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0220.jp2"}, "221": {"fulltext": "THE STATE GOVERNMENTS. 183\\n8. Visit, if practicable, the State House. Observe the various\\noffices, and consider the general nature of the business\\ndone there. Attend a session of the Senate or the House\\nof Representatives. Obtain some orders of the day.\\n9. If the legislature is in session, follow its proceedings in the\\nnewspapers. What important measures are under dis-\\ncussion On what sort of questions are party lines\\npretty sharply drawn On what sort of questions are\\nparty distinctions ignored\\n10. Consult the book of general or public statutes, and report on\\nthe following points\\na. The magnitude of the volume.\\nh. Does it contain all the laws If not, what are omitted\\nc. Give some of the topics dealt with.\\nd. Where are the laws to be found that have been made\\nsince the printing of the volume\\ne. Are the originals of the laws in the volume If not,\\nwhere are they and in what shape\\n11. Is everybody expected to know all the laws\\n1 2. Does ignorance of the law excuse one for violating it\\n13. Suppose people desire the legislature to pass some law, as,\\nfor example, a law requiring towns and cities to provide\\nflags for school-houses, how is the attention of the legisla-\\nture secured What are the various stages through\\nwhich the bill must pass before it can become a law\\nWhy should there be so many stages\\n14. Give illustrations of the exercise of federal government,\\nstate government, and local government, in your own\\ntown or city. Of which government do you observe the\\nmost signs Of which do you observe the fewest signs\\nOf which government do the officers seem most sensitive\\nto local opinion\\n150 Are the sessions of the legislature in your state annual or\\nbiennial What is the argument for each system\\nFor answers to numbers 16, 17, 18, and 19, consult the public\\nstatutes, a lawyer, or some intelligent business man. A fair\\nidea of the successive steps in the courts may be obtained from\\na good unabridged dictionary by looking up the technical terms\\nemployed in these questions.\\n16. What is the difference between a civil action and a criminal\\na. In respect to the object to be gained in each", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0221.jp2"}, "222": {"fulltext": "184 THE STATE.\\nb. In respect to the party that is the plaintiff\\nc. In respect to the consequences to the defendant if the case\\ngoes against him\\n17. Give an outline of the procedure in a minor criminal action\\nthat is tried without a jury in a lower court. Consider\\n(1) the complaint, (2) the warrant, (3) the return, (4)\\nthe recognizance, (5) the subpoena, (6) the arraignment,\\n(7) the plea, (8) the testimony, (9) the arguments, (10)\\nthe judgment and sentence, and (11) the penalty and its\\nenforcement. What is an appeal This procedure\\nseems cumbrous, but it is founded in common sense.\\nWhat one of the foregoing steps, for example, would you\\nomit Why\\n18. Give an outline of the procedure in a criminal action that is\\ntried with a jury in a higher court. The action is begun\\nin a lower court where the first five stages are the same\\nas in number 17. Then follow (6) the examination of\\nwitnesses, (7) the binding over of the accused to appear\\nbefore the higher court for trial, (8) the sending of the\\ncomplaint and the proceedings thereon to the district or\\ncounty attorney, (9) the indictment, (10) the action of\\nthe grand jury upon the indictment, (11) the challenging\\nof jurors before the trial, (12) the arraignment, (13) the\\nplea, (14) the testimony, (15) the arguments, (16) the\\ncharge to the jury, (17) the verdict, and (18) the sen-\\ntence, with its penalty and the enforcement of it. What\\nare exceptions Why should there be a jury in the\\nhigher court when there is none in the lower What is\\nthe objection to dispensing with any one of the foregoing\\nsteps Does this machinery make it difficult to punish\\ncrime Why should an accused person receive so much\\nconsideration\\n19. Give an outline of the procedure in a minor civil action.\\nConsider (1) the writ, (2) the attachment, (3) the sum-\\nmons to the defendant, (4) the return, (5) the pleading,\\n(6) the testimony, (7) the arguments, (8) the judgment\\nor decision of the judge, and (9) the execution. If the\\naction is conducted in a higher court, then a jury decides\\nthe question at issue, the judge instructing the jurors in\\npoints of law.\\nao. Suppose an innocent man is tried for an alleged crime and\\nacquitted, has he any redress", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0222.jp2"}, "223": {"fulltext": "THE STATE GOVERNMENTS. 185\\n21. Is the enforcement of law complete and satisfactory in your\\ncommunity\\n22. What is your opinion of the general security of person and\\nproperty in your community\\n23. Is there any connection between public sentiment about a\\nlaw and the enforcement of that law If so, what is it\\n24. Any one of the twelve subjects of legislation cited on page\\n177 may be taken as a special topic. Consult any mod-\\nern history of England.\\n25. Which do you regard as the more important possession for\\nthe citizen, an acquaintance with the principles and de-\\ntails of government and law, or a law-abiding and law-\\nsupporting spirit What reasons have you for your opin-\\nion Where is your sympathy in times of disorder, with\\nthose who defy the law or with those who seek to enforce\\nit (Suppose a case in which you do not approve the\\nlaw, and then answer.)\\n26. May you ever become an officer of the law Would you as\\na citizen be justified in withholding from an officer that\\nobedience and moral support which you as an officer\\nmight justly demand from every citizen\\nBIBLIOGRAPHICAL NOTE.\\nThe State. ^For the founding of the several colonies, their\\ncharters, etc., the student may profitably consult the learned\\nmonographs in Winsor s Narrative and Critical History of\\nAmerica, 8 vols., Boston, 1886-89. A popular account, quite\\nfull in details, is given in Lodge s Short History of the English\\nColonies in America, N. Y., 1881. There is a fairly good account\\nof the revision and transformation of the colonial governments\\nin Bancroft s History of the United States, final edition, N. Y.j\\n1886, vol. V. pp. 111-125.\\nThe series of American Commonwealths, edited by H. E.\\nScudder, and published by Houghton, Mifflin Co., will be\\nfound helpful. The following have been published Johnston,\\nConnecticut a Study of a Commonioealth-Democracy, 1887\\nRoberts, New York the Planting and Growth of the Empire\\nState, 2 vols., 1887; Browne, Maryland: the History of a Palati", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0223.jp2"}, "224": {"fulltext": "186 THE STATE.\\nnate, 2d ed., 1884 Cooke, Virginia a History of the People,\\n1883 Shaler, Kentucky a Pioneer Commomoealth, 1884 King,\\nOhio First Fruits of the Ordinance of 1787, 1888 Dunn, Indiana\\na Redemption from Slavery, 1888 Cooley, Michigan a History of\\nGovernments, 1885 Carr, Missouri: a Bone of Contention, 1888;\\nSpring, Kansas the Prelude to the War for the Union, 1885\\nRoyce, California a Study of American Character, 1886 Bar-\\nrows, Oregon the Struggle for Possession, 1883.\\nIn connection with the questions on page 183, the student is\\nadvised to consult Dole s Talks about Law: a Popular Statement\\nof What our Lata is and How it is Administered, Boston, 1887.\\nThis book deserves high praise. In a very easy and attractive\\nway it gives an account of such facts and principles of law as\\nought to be familiarly understood by every man and woman.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0224.jp2"}, "225": {"fulltext": "CHAPTEE VII.\\nWRITTEN CONSTITUTIONS.\\nToward the close of the preceding chapter I spoke\\nof three points especially characteristic of the American\\nstate, and I went on to mention two of them. The\\nthird point which I had in mind is so remarkable and\\nimportant as to require a chapter all to itself. In the\\nAmerican state the legislature is not supreme, i^ t^e\\nbut has limits to its authority prescribed by f^SifSeis\\na written document, known as the Constitu- above the\\ntion and if the legislature happens to pass legislature.\\na law which violates the constitution, then whenever\\na specific case happens to arise in which this statute\\nis involved, it can be brought before the courts, and\\nthe decision of the court, if adverse to the statute,\\nannuls it and renders it of no effect. The impor-\\ntance of this feature of civil government in the United\\nStates can hardly be overrated. It marks a momentous\\nadvance in civilization, and it is especially interesting\\nas being peculiarly American. Almost everything\\nelse in our fundamental institutions was brought by\\nour forefathers in a more or less highly developed\\ncondition from England but the development of the\\nwritten constitution, with the consequent relation of\\nthe courts to the law-making power, has gone on en-\\ntirely upon American soil.\\n1 See above, p. 172.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0225.jp2"}, "226": {"fulltext": "188 WRITTEN CONSTITUTIONS.\\nThe germs of the written constitution existed a\\ngreat while ago. Perhaps it would not be easy to say\\njust when they began to exist. It was formerly sup-\\nposed by such profound thinkers as Locke and such\\nGerms of the persuasive writers as Rousseau, that when\\nwrHten^con- Came together to live in civil\\nstitution. society, they made a sort of contract with\\none another as to what laws they would have, what\\nbeliefs they would entertain, what customs they would\\nsanction, and so forth. This theory of the Social\\nContract was once famous^ and exerted a notable in-\\nfluence on political history, and it is still interesting\\nin the same way that spinning-wheels and wooden\\nfrigates and powdered wigs are interesting but we\\nnow know that men lived in civil society, with com-\\nplicated laws and customs and creeds, for many\\nthousand years before the notion had \u00e2\u0080\u00a2yer entered\\nanybody s head that things could be regulated by\\ncontract. That notion we owe chiefly to the ancient\\nourindebt- Romaus, and it took them several centuries\\nancfent*Ro^^ to Comprehend the idea and put it into prac-\\ntice. We owe them a debt of gratitude for\\nit. The custom .of regulating business and politics\\nand the affairs of life generally by voluntary but\\nbinding agreements is something without which we\\nmoderns would not think life worth living. It was\\nafter the Roman world that is to say, Christendom,\\nfor in the Middle Ages the two terms were synony-\\nmous had become thoroughly familiar with the\\nidea of contract, that the practice grew up of grant-\\ning written charters to towns, or monasteries, or other\\ncorporate bodies. The charter of a mediaeval town\\nwas a kind of written contract by which the town ob.\\ntained certain specified immunities or privileges from\\nthe sovereign or from a great feudal lord, in exchange", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0226.jp2"}, "227": {"fulltext": "WRITTEN CONSTITUTIONS. 189\\nfor some specified service which often took the form\\nof a money payment. It was common enough for a\\ntown to buy liberty for hard cash, just as a Mediaeval\\nman might buy a farm. The word charter\\noriginally meant simply a paper or written document,\\nand it was often applied to deeds for the transfer of\\nreal estate. In contracts of such importance papers r\\nor parchment documents were drawn up and carefully\\npreserved as irrefragable evidences of the transaction.\\nAnd so, in quite significant phrase the towns zealously\\nguarded their charters as the title-deeds of their\\nliberties.\\nAfter a while the word charter was applied in Eng-\\nland to a particular document which speci\\nfied certain important concessions forcibly charter\\nwrung by the people from a most unwilling\\nsovereign. This document was called Magna Charta^\\nor the Great Charter, signed at Runnymede, June\\n15, 1215, by John, king of England. After the king\\nhad signed it and gone away to his room, he rolled\\nin a mad fury on the floor, screaming curses, and\\ngnawing sticks and straw in the impotence of his\\nwrath.^ Perhaps it would be straining words to call\\na transaction in which the consent was so one-sided\\na contract, but the idea of Magna Charta was\\nderived from that of the town charters with which\\npeople were already familiar. Thus a charter came\\nto mean a grant made by the sovereign either to the\\nwhole people or to a portion of them, securing to\\nthem the enjoyment of certain rights. Now in legal\\nusage a charter differs from a constitution in this,\\nthat the former is granted by the sovereign, while the\\nlatter is established by the people themselves: both\\nare the fundamental law of the land. The distinc-\\nGreen, Hist, of the English People, vol. i. p. 248.\\nBoiivier, Law Dictionary, 12th ed., vol. i. p. 259.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0227.jp2"}, "228": {"fulltext": "190 WRITTEN CONSTITUTIONS.\\ntion is admirably expressed, but in history it is not\\nalways easy to make it. Magna Charta was in form a\\ngrant by the sovereign, but it was really drawn up by\\nthe barons, who in a certain sense represented the\\nEnglish people and established by the people after a\\nlong struggle which was only in its first stages in\\nJohn s time. To some extent it partook of the nature\\nof a written constitution.\\nLet us now observe what happened early in 1689,\\nafter James II. had fled from England. On January\\n28th parliament declared the throne vacant. Parlia-\\nment then drew up the Declaration of Rights, a\\ndocument very similar in purport to the first eight\\namendments to our Federal Constitution, and on the\\n13th of February the two houses offered the crown to\\nWilliam and Mary on condition of their accepting\\nthis declaration of the true, ancient, and indubitable\\nrights of the people of this realm. The crown hav-\\ning been accepted on these terms, parliament in the\\nfollowing; December enacted the famous Bill\\nThe BiUof\\nRights of Rights, which simply put their previous\\ndeclaration into the form of a declaratory\\nstatute. The Bill of Rights was not even in form\\na grant from a sovereign it was an instrument\\nframed by the representatives of the people, and with-\\nout promising to respect it William and Mary could\\nno more have mounted the throne than a president\\nof the United States could be inducted into office if\\nhe were to refuse to take the prescribed oath of alle-\\ngiance to the Federal Constitution. The Bill of Rightfe\\nwas therefore, strictly speaking, a piece of written con-\\nstitution it was a constitution as far as it went.\\nThe seventeenth century, the age when the build-\\ners of American commonwealths were coming from\\nEngland, was especially notable in England for two", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0228.jp2"}, "229": {"fulltext": "WRITTEN CONSTITUTIONS. 191\\nthings. One was the rapid growth of modern com-\\nmercial occupations and habits, the other was the tem-\\nporary overthrow of monarchy, soon followed by the\\nfinal subjection of the crown to parliament. Accord-\\ningly the sphere of contract and the sphere of popular\\nsovereignty were enlarged in men s minds, and the\\nnotion of a written constitution first began to find ex-\\npression. The Instrument of Government which\\nin 1653 created the protectorate of Oliver Cromwell\\nwas substantially a written constitution, but it ema-\\nnated from a questionable authority and was not rati-\\nfied. It was drawn up by a council of army officers\\nand it broke down because the first parliament sum-\\nmoned under it refused to acknowledge its binding\\nforce. The dissolution of this parliament accord-\\ningly left Oliver absolute dictator. In 1656, when\\nit seemed so necessary to decide what sort of Foreshadow-\\ngovernment the dictatorship of Cromwell American\\nwas to prepare the way for. Sir Harry Vane Harry^^ane\\nproposed that a national convention should\\nbe called for drawing up a written constitution.^ The\\nway in which he stated his case showed that he had in\\nhim a prophetic foreshadowing of the American idea\\nas it was realized in 1787. But Vane s ideas were\\ntoo far in ^advance of his age to be realized then in\\nEngland. ^Older ideas, to which men were more ac-\\ncustomed, determined the course of events there, and\\nit was left for Americans to create a government by\\nmeans of a written constitution. And when Amer-\\n1 Gardiner, Constitutional Documents of the Puritan Revolution,\\np. Ix.\\nSee Hosmer s Young Sir Henry Vane, pp. 432-444, one of\\nthe best books ever written for the reader who wishes to under-\\nstand the state of mind among the English people in the crisis\\nwhen they laid the foundations of the United States.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0229.jp2"}, "230": {"fulltext": "192 WRITTEN CONSTITUTIONS.\\nican statesmen did so, they did it without any refer-\\nence to Sir Harry Vane. His relation to the subject\\nhas been discovered only in later days, but I mention\\nhim here in illustration of the way in which great in-\\nstitutions grow. They take shape when they express\\nthe opinions and wishes of a multitude of persons\\nbut it often happens that one or two men of remark-\\nable foresight had thought of them long beforehand.\\nIn America the first attempts at written constitu-\\ntions were in the fullest sense made by the people,\\nand not through representatives but directly. In the\\nMayflower s cabin, before the Pilgrims had landed on\\nPlymouth rock, they subscribed their names to a com-\\npact in which they agreed to constitute them-\\nflowercom- sclvcs into a body politic, and to enact\\nsuch laws as might be deemed best for the\\ncolony they were about to establish and they prom-\\nised all due submission and obedience to such\\nlaws. Such a compact is of course too vague to be\\ncalled a constitution. Properly speaking, a written\\nconstitution is a document which defines the character\\nand powers of the government to which its framers\\nare willing to entrust themselves. Almost any kind\\nof civil government niight have been framed under\\nthe Mayflower compact, but the document none the\\nless interesting as an pjdication of the teller of the\\nmen who subscribed thdji: names to it.\\nThe first written conifeitution known to history was\\nthat by which the republic of Connecticut was organ-\\nized in 1639. At first the affairs of the Connecticut\\nsettlements had been directed by a commission ap-\\npointed by the General Court of Massachusetts, but\\non the 14th of January, 1639, all the freemen of the\\nthree river towns Windsor, Hartford, and Wethers-\\nfield assembled at Hartmrd, and drew up a written", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0230.jp2"}, "231": {"fulltext": "WRITTEN CONSTITUTIONS. 193\\nconstitution, consisting of eleven articles, in wliicli\\nthe frame of government then and there\\n*=_ _ The Fun-\\nadopted was distinctly described. This docu- damentai\\nOrders of\\nment, known as the Fundamental Orders of po^fcticut\\nConnecticut, created the government under\\nwhich the people of Connecticut lived for nearly two\\ncenturies before they deemed it necessary to amend\\nit. The charter granted to Connecticut by Charles\\nII. in 1662 was simply a royal recognition of the gov-\\nernment actually in operation since the adoption of\\nthe Fundamental Orders.\\nIn those colonies which had charters these docu-\\nments served, to a certain extent, the purposes of a\\nwritten constitution. They limited the legislative\\npowers of the colonial assemblies. The question\\nsometimes came up as to whether some stat-\\nGerminal\\nute made by the assembly was not m excess development\\nof the colo-\\nof the powers conferred by the charter, mai charter\\n_ toward the\\nThis question usually arose m connection modem state\\nconstitution.\\nwith some particular law case, and thus came\\nbefore the courts for settlement, first before the\\ncourts of the colony afterwards it might sometimes\\nbe carried on appeal before the Privy Council in Eng-\\nland. If the court decided that the statute was in\\ntransgression of the charter, the statute was thereby\\nannulled.^ The colonial legislature, therefore, was\\nnot a supreme body, even within the colony its au-\\nthority was restricted by the terms of the charter.\\nThus the Americans, for more than a century before\\nthe Revolution, were familiarized with the idea of a\\nlegislature as a representative body acting within cer-\\ntain limits prescribed by a written document. They\\nhad no knowledge or experience of a supreme legis-\\nlative body, such as the House of Commons has be-\\nBryce, American CommonwealtTij vol. i. pp. 243, 415.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0231.jp2"}, "232": {"fulltext": "194 WRITTEN CONSTITUTIONS.\\ncome since the founders of American states left Eng-\\nland. At the time of the Revolution, when the sev-\\neral states framed new governments, they simply put\\na written constitution into the position of supremacy\\nformerly occupied by the charter. Instead of a docu-\\nment expressed in terms of a royal grant, they adopted\\na document expressed in terms of a popular edict. To\\nthis the legislature must conform and people were\\nalready somewhat familiar with the method of testing\\nthe constitutionality of a law by getting the matter\\nbrought before the courts. The mental habit thus\\ngenerated was probably more important than any\\nother single circumstance in enabling our Federal\\nUnion to be formed. Without it, indeed, it would\\nhave been impossible to form a durable union.\\nBefore pursuing this subject, we may observe that\\nAmerican state constitutions have altered very much\\nin character since the first part of the present\\nAbnormal _\\nifT.f opnient ceuturv. The earlier constitutions were con-\\nof the state\\nconstitution, fined to a general outline of the organization\\nencroaching i\\nupon the of the government. They did not undertake\\nprovince of\\nthe legisia- to make the laws, but to prescribe the condi-\\ntions under which laws might be made and\\nexecuted. Recent state constitutions enter more and\\nmore boldly upon the general work of legislation. For\\nexample, in some states they specify what kinds of prop-\\nerty shall be exempt from seizure for debt, they make\\nregulations as to railroad freight-charges, they prescribe\\nsundry details of practice in the courts, or they forbid\\nthe sale of intoxicating liquors. Until recently such\\nsubjects would have been left to the legislatures, no\\none would have thought of putting them into a consti-\\ntution. The motive in so doing is a wish to put cer-\\ntain laws into such a shape that it will be difficult to\\nrepeal them. What a legislature sees fit to enact this", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0232.jp2"}, "233": {"fulltext": "WRITTEN CONSTITUTIONS. 195\\nyear it may see fit to repeal next year. But amending\\na state constitution is a slow and cumbrous process.\\nAn amendment may be originated in the legislature,\\nwhere it must secure more than a mere majority\\nperhaps a three fifths or two thirds vote in order to\\npass in some states it must be adopted by two suc-\\ncessive legislatures, perhaps by two thirds of one and\\nthree fourths of the next in some states not more\\nthan one amendment can be brought before the same\\nlegislature in some it is provided that amendments\\nmust not be submitted to the people oftener than once\\nin five years and so on. After the amendment has\\nat length made its way through the legislature, it must\\nbe ratified by a vote of the people at the next general\\nelection. Another way to get a constitution amended\\nis to call a convention for that purpose. In order to\\ncall a convention, it is usually necessary to obtain a\\ntwo thirds vote in the legislature but in some states\\nthe legislature is required at stated intervals to sub-\\nmit to the people the question of holding such a con-\\nvention, as in New Hampshire every seven years in\\nIowa, every ten years in Michigan, every sixteen\\nyears 5 in New York, Ohio, Maryland, and Virginia,\\nevery twenty years. A convention is a represen-\\ntative body elected by the people to meet at some\\nspecified time and place for some specified purpose,\\nand its existence ends with the accomplishment of that\\npurpose. It is in this occasional character that the con=\\nvention diifers from an ordinary legislative assembly.\\nWith such elaborate checks against hasty action, it\\nis to be presumed that if a law can be once embodied\\nin a state constitution, it will be likely to have some\\npermanence. Moreover, a direct vote by the peo-\\nSee Heury Hitchcock s admirable monograph, American\\nState Constitutions, p. 19.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0233.jp2"}, "234": {"fulltext": "196 WRITTEN CONSTITUTIONS.\\npie gives a weightier sanction to a law than a vote\\nin the legislature. There is also, no doubt, a disposi-\\ntion to distrust legislatures and in some measure do\\ntheir work for them by direct popular enactment.\\nFor such reasons some recent state constitutions have\\ncome almost to resemble bodies of statutes. Mr.\\nWoodrow Wilson suggestively compares this kind of\\npopular legislation with the Swiss practice\\nThe Swiss\\nknown as the Heferendum in most of the Referen-\\nbwiss cantons an important act of the legis-\\nlature does not acquire the force of law until it has\\nbeen referred to the people and voted on by them.\\nThe objections to the referendum^ says Mr. Wilson,\\nare, of course, that it assumes a discriminating judg-\\nment and a fulness of information on the part of the\\npeople touching questions of public policy which they\\ndo not often possess, and that it lowers the sense of re-\\nsponsibility on the part of legislators. Another se-\\nrious objection to our recent practice is that it tends to\\nconfuse the very valuable distinction between a consti-\\ntution and a body of statutes, to necessitate a frequent\\nrevision of constitutions, and to increase the cumbrous-\\nness of law-making. It would, however, be premature\\nat the present time to pronounce confidently upon a\\npractice of such recent origin. It is clear that its\\ntendency is extremely democratic, and that it implies\\na high standard of general intelligence and independ-\\nence among the people. If the evils of the practice\\nare found to outweigh its benefits, it will doubtless\\nfall into disfavour.\\nQUESTIONS ON THE TEXT.\\nWhat is to be said with regard to the following topics\\nI A power above the legislature\\na. The constitution.\\n1 Wilson, The State, p. 490.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0234.jp2"}, "235": {"fulltext": "WRITTEN CONSTITUTIONS. 197\\nb. The relation of the courts to laws that violate the consti-\\ntution.\\nc. The importance of this relation.\\nd. The American origin of the written constitution.\\n2. The germs of the idea of a written constitution\\na. The theory of a social contract.\\nb. The objection to this theory.\\nc. Koman origin of the idea of contract.\\n3. Mediseval charters\\na. The charter of a town.\\nb. The word charter.\\nc. Magna Charta.\\nd. The difference between a charter and a constitution.\\ne. The form of Magna Charta as contrasted with its essen-\\ntial nature.\\n4. Documents somewhat resembling written constitutions\\na. The Declaration of Rights.\\nb. The Bill of Rights.\\n5. The foreshadowing of the American idea of written consti-\\ntutions\\na. Two conditions especially notable in England in the sev-\\nenteenth century.\\nb. The influence of these conditions on popular views of gov-\\nernment.\\nc. The Instrument of Government.\\nd. Sir Harry Vane s proposition.\\ne. Why allude to Vane s scheme when nothing came of it\\n6. Early suggestions of written constitutions in America\\na. The compact on the Mayflower.\\nb. Wherein the compact fell short of a written constitution.\\nc. The Fundamental Orders of Connecticut.\\n7. The development of the colonial charter into a written con-\\nstitution\\na. The limitation of the powers of colonial assemblies.\\nb. The decision of questions relating to the trangression of a\\ncharter by a colonial legislature.\\nc. The colonial assembly as contrasted with the House of\\nCommons.\\nd. The difference between the written constitution and the\\ncharter for which it was substituted.\\ne. The readiness of the people ^o adopt written constitutions,\\n8. The extensive development ot the written constitution in\\nsome states", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0235.jp2"}, "236": {"fulltext": "198 WRITTEN CONSTITUTIONS.\\na. The simplicity of the earlier constitutions.\\nh. Illustrations of the legislative tendencies of later consti\\ntutions.\\nc. The motive for such extension of a constitution.\\nd. The difficulty of amending a constitution.\\ne. The legislative method of amendment.\\nf. The convention method of amendment.\\ng. The presumed advantage of embodying laws in the consti\\ntution.\\nh A comparison with the Swiss Referendum.\\ni. Objections to the Swiss Referendum.\\nj. Other objections to the practice of putting laws into the\\nconstitution.\\nSUGGESTIVE QUESTIONS ANB DIRECTIONS.\\n1. Do you belong to any society that has a constitution Has\\nthe society rules apart from the constitution Which\\nmay be changed the more readily Why not put all the\\nrules into the constitution\\n2. Read the constitution of your state in part or in full. Give\\nsome account of its principal divisions, of the topics it\\ndeals with, and its magnitude or fulness. Are there any\\namendments If so, mention two or three, and give the\\nreasons for their adoption. Is there any declaration of\\nrights in it If so, what are some of the rights declared,\\nand whose are they said to be\\n3. Where is the original of your state constitution kept What\\nsort of looking document do you suppose it to be\\nWhere would you look for a copy of it If a question\\narises in any court about the interpretation of the consti-\\ntution, must the original be produced to settle the wording\\nof the document\\n4. Has any effort been made in your state to put into the con-\\nstitution matters that have previously been subjects of leg-\\nislative action If so, give an account of the effort; and\\nthe public attitude towards it.\\n5. Which is preferable, a constitution that commands the\\napproval of the people as a whole or that which has the\\nsupport of a dominant political party only\\n6. Suppose it is your personal conviction that a law is unconsti-\\ntutional, may you disregard it What consequences\\nmight ensue from such disregard", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0236.jp2"}, "237": {"fulltext": "WRITTEN CONSTITUTIONS. 199\\n7. May people honestly and amicably differ about the interpre-\\ntation of the constitution or of a law, in a particular\\ncase If important interests are dependent on the inter-\\npretation, how can the true one be found out Does a\\nlawyer s opinion settle the interpretation What value\\nhas such an opinion Where must people go for au-\\nthoritative and final interpretations of the laws? Can\\nthey get such interpretations by simply asking for them\\n8. The constitution of New Hampshire provides that when the\\ngovernor cannot discharge the duties of his office, the\\npresident of the senate shall assume them. During the\\nsevere sickness of a governor recently, the president of\\nthe senate hesitated to act in his stead it was not clear that\\nthe situation was grave enough to warrant such a course.\\nAccordingly the attorney-general of the state brought an\\naction against the president of the senate for not doing\\nhis duty the court considered the situation, decided\\nagainst the president of the senate, and ordered him to\\nbecome acting governor. Why was this suit necessary\\nWas it conducted in a hostile spirit Wherein did the\\ndecision help the state Wherein did it help the de-\\nfendant Wherein may it possibly prove helpful in the\\nfuture history of the state\\n9. Mention particular things that the governor, the legislature,\\nand the judiciary of your state have done or may do.\\nThen find the section or clause or wording in your state\\nconstitution that gives authority for each of these things.\\nFor example, read the particular part that authorizes your\\nlegislature\\no. To incorporate a city.\\nh. To compel children to attend school.\\nc. To buy uniforms for a regiment of soldiers.\\nd. To establish a death penalty.\\ne. To send a committee abroad to study a system of water-\\nworks.\\n10. Trace the authority of a school-teacher, a policeman, a select-\\nman, a mayor, or of any public officer, back to some part\\nof your constitution.\\n1 1 Mention any parts of your constitution that seem general\\nand somewhat indefinite, and that admit, therefore, of\\nmuch freedom in interpretation.\\n12. Show how the people are, in one aspect, subordinate to the\\nconstitution in another, superior to it.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0237.jp2"}, "238": {"fulltext": "200 WRITTEN CONSTITUTIONS.\\nBIBLIOGRAPHICAL NOTE.\\nWritten Constitutions. Very little has been written or\\npublished with reference to the history of the development of\\nthe idea of a written constitution. The student will find some\\nsuggestive hints in Hannis Taylor s Origin and Growth of the\\nEnglish Constitution, vol. i., Boston, 1889. See Henry Hitchcock s\\nAmerican State Constitutions a Study of their Growth, N. Y., 1887,\\na learned and valuable essay. See also J. H, U. Studies, I., xi.,\\nAlexander Johnston, The Genesis of a New England State (Con-\\nnecticut) III., ix.-x., Horace Davis, American Constitutions also\\nPreston s Documents Illustrative of American History, 1606-1863,\\nN. Y.J 1886 Stubbs, Select Charters and other Illustrations of\\nEnglish Constitutional History, Oxford, 1870 Gardiner s Consti-\\ntutional Documents of the Puritan Revolution, Oxford, 1888.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0238.jp2"}, "239": {"fulltext": "CHAPTER VIII.\\nTHE FEDERAL UNION.\\n1. Origin of the Federal Union.\\nHaving now sketched the origin and nature of\\nwritten constitutions, we are prepared to understand\\nhow by means of such a document the government of\\nour Federal Union was called into existence. We\\nhave already described so much of the civil govern-\\nment in operation in the United States that this ac-\\ncount can be made much more concise than if we had\\nstarted at the top instead of the bottom and begun\\nto portray our national government before saying a\\nword about states and counties and towns. Bit by bit\\nthe general theory of American self-government has\\nalready been set before the reader. We have now to\\nobserve, in conclusion, what a magnificent piece of\\nconstructive work has been performed in accordance\\nwith that general theory. We have to observe the\\nbuilding up of a vast empire out of strictly self-gov-\\nerning elements.\\nThere was always one important circumstance in\\nfavour of the union of the thirteen American colonies\\ninto a federal nation. The inhabitants were English in-\\naU substantially one people. It is true that aiuhi\u00c2\u00b0coio^\\nin some of the colonies there were a good\\nmany persons not of English ancestry, but the Eng-\\nlish type absorbed and assimilated everything else.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0239.jp2"}, "240": {"fulltext": "202 THE FEDERAL UNION.\\nAll spoke the English language, all had English insti-\\ntutions. Except the development of the written con-\\nstitution, every bit of civil government described in\\nthe preceding pages came to America directly from\\nEngland, and not a bit of it from any other country,\\nunless by being first filtered through England. Our\\ninstitutions were as English as our speech. It was\\ntherefore comparatively easy for people in one colony\\nto understand people in another, not only as to their\\nwords but as to their political ideas. Moreover, dur-\\ning the first half of the eighteenth century, the com-\\nmon danger fi*om the aggressive French enemy on the\\nnorth and west went far toward awakening in the\\nthirteen colonies a common interest. And after the\\nFrench enemy had been removed, the assertion by\\nparliament of its alleged right to tax the Americans\\nthreatened all the thirteen legislatures at once, and\\nthus in fact drove the colonies into a kind of federal\\nunion.\\nConfederations among states have generally owed\\ntheir origin, in the first instance, to military necessi-\\nties. The earliest league in America, among white\\nThe New pcoplc at Icast, was the confederacy of New\\nS dfracy England colonies formed in 1643, chiefly for\\n(1643-84). defence against the Indians. It was finally\\ndissolved amid the troubles of 1684, when the first\\ngovernment of Massachusetts was overthrown. Along\\nthe Atlantic coast the northern and the southern col-\\nonies were for some time distinct groups, separated\\nby the unsettled portion of the central zone. The\\nsettlement of Pennsylvania, beginning in 1681, filled\\nthis gap and made the colonies continuous from the\\nFrench frontier of Canada to the Spanish frontier of\\nFlorida. The danger from France began to be clearly\\napprehended after 1689, and in 1698 one of the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0240.jp2"}, "241": {"fulltext": "ORIGIN OF THE FEDERAL UNION. 203\\nearliest plans of union was proposed by William\\nPenn. In 1754, just as the final struggle with France\\nwas about to begin, there came Franklin s famous\\nplan for a permanent federal union and this plan\\nwas laid before a congress assembled at Albany con-\\nAlbany for renewing the alliances with the\\nSix Nations.^ Only seven colonies were represented\\nin this congress. Observe the word congress. If\\nit had been a legislative body it would more likely\\nhave been called a parliament. But of course it\\nwas nothing of the sort. It was a diplomatic body,\\ncomposed of delegates representing state governments,\\nlike European congresses, like the Congress of\\nBerlin, for example, which tried to adjust the Eastern\\nQuestion in 1878. Eleven years after the\\n*i 1 1 T Stamp Act\\nAlbany Congress, upon the news that parlia- congress\\nment had passed the Stamp Act, a congress\\nof nine colonies assembled at New York in October,\\n1765, to take action thereon.\\nNine years elapsed without another congress. Mean-\\nwhile the political excitement, with occasional lulls, went\\non increasing, and some sort of cooperation between the\\ncolonial governments became habitual. In 1768, after\\nparliament had passed the Townshend revenue acts,\\nthere was no congress, but Massachusetts sent a circu-\\nlar letter to the other colonies, inviting them to co*\\noperate in measures of resistance, and the committees\\nother colonies responded favourably. In spo^\u00c2\u00b0deMe\\n1772, as we have seen, committees of corre- ^2-75).\\nspondence between the towns of Massachusetts acted\\nas a sort of provisional government for the common-\\nwealth. In 1773 Dabney Carr, of Virginia, enlarged\\n1 Franklin s plan was afterward submitted to the several leg-\\nislatures of the colonies, and was everywhere rejected because\\nthe need for union was nowhere strongly felt by the people.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0241.jp2"}, "242": {"fulltext": "204 THE FEDERAL UNION.\\nupon this idea, and committees of correspondence were\\nforthwith instituted between the several colonies.\\nThus the habit of acting in concert began to be\\nformed. In 1774, after parliament had passed an act\\noverthrowing the government of Massachusetts, along\\nwith other offensive measures, a congress assembled\\nin September at Philadelphia, the city most centrally\\nsituated as well as the largest. If the remonstrances\\nadopted at this congress had been heeded by\\nContinental\\nCongress tlic British government, and peace had fol-\\n(1774-S9). r\\nlowed, this congress would probably have\\nbeen as temporary an affair as its predecessors people\\nwould probably have waited until overtaken b} some\\nother emergency. But inasmuch as war followed, the\\ncongress assembled again in May, 1775, and there-\\nafter became practically a permanent institution until\\nit died of old age with the year 1788.\\nThis congress w as called continental to distin-\\nguish it from the provincial congresses held in\\nseveral of the colonies at about the same time. The\\nthirteen colonies were indeed but a narrow strip on\\nthe edge of a vast and in large part unexplored conti-\\nnent, but the word continental was convenient for\\ndistinguishing between the whole confederacy and its\\nseveral members.\\nThe Continental Congress began to exercise a cer-=\\ntain amount of directive authority from the time of\\nits first meeting in 1774. Such authority as it had\\narose simply from the fact that it represented an\\nagreement on the part of the several governments to\\npursue a certain line of policy. It was a\\nThe several _\\nstates were diplomatic aiid executive, but scarcely yet\\nnever at any\\ntime sover- a legislative body. Nevertheless it was the\\nvisible symbol of a kind of union between\\nthe states. There never was a time when any one", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0242.jp2"}, "243": {"fulltext": "ORIGIN OF THE FEDERAL UNION. 205\\nof the original states exercised singly the full pow-\\ners of sovereignty. Not one of them was ever a small\\nsovereign state like Denmark or Portugal. As they\\nacted together under the common direction of the Brit-\\nish government in 1759;, the year of Quebec, so they\\nacted together under the common direction of that\\nrevolutionary body, the Continental Congress, in 1775,\\nthe year of Bunker Hill. In that year a continental\\narmy was organized in the name of the United\\nColonies. In the following year, when independence\\nwas declared, it was done by the concerted action of\\nall the colonies and at the same time a committee\\nwas appointed by Congress to draw up a written con-\\nstitution. This constitution, known as the\\nThe Articles\\nArticles of Confederation, was submitted of confed-\\nto Congress in the autumn of 1777, and was\\nsent to the several states to be ratified. A unanimous\\nratification was necessary, and it was not until March\\n1781, that unanimity was secured and the articles\\nadopted.\\nMeanwhile the Revolutionary War had advanced\\ninto its last stages, having been carried on from the\\noutset under the general direction of the Continental\\nCongress. When reading about this jj^riod of our\\nhistory, the student must be careful not to be misled\\nby the name congress into reasoning as if there\\nwere any resemblance whatever between that body\\nand the congress which was created by our Federal\\nConstitution. The Continental Congress was not the\\nparent of our Federal Congress the former died\\nwithout offspring, and the latter had a very different\\norigin, as we shall soon see. The former simply be-\\nqueathed to the latter a name, that was all.\\nThe Continental Congress was an assembly of dele-\\ngates from the thirteen states, which from 1774 to", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0243.jp2"}, "244": {"fulltext": "206 THE FEDERAL UNION.\\n1783 held its sessions at Philadelphia.^ It owned\\nNature and federal property, not even the house in\\ncontSentl^^ which it assembled, and after it had been\\nCongress. tumed out of doors by a mob of drunken\\nsoldiers in June, 1783, it flitted about from place to\\nplace, sitting now at Trenton, now at Annapolis, and\\nfinally at New York.^ Each state sent to it as many\\ndelegates as it chose, though after the adoption of the\\narticles no state could send less than two or more than\\nseven. Each state had one vote, and it took nine\\nvotes, or two thirds, of the whole, to carry any meas-\\nure of importance. One of the delegates was chosen\\npresident or chairman of the congress, and this posi-\\ntion was one of great dignity and considerable influ-\\nence, but it was not essentially different from the posi-\\ntion of any of the other delegates. There were no\\ndistinct executive officers. Important executive mat-\\nters were at first assigned to committees, such as the\\nFinance Committee and the Board of War, though at\\nthe most trying time the finance committee was a com-\\nmittee of one, in the person of Robert Morris, who was\\ncommonly called the Financier. The work of the\\nfinance committee was chiefly trying to solve the prob-\\nlem of paying bills without spending money, for there\\nwas seldom any money to spend. Congress could not\\ntax the people or recruit the army. When it wanted\\nmoney or troops, it could only ask the state govern-\\nments for them and generally it got from a fifth to\\na fourth part of the troops needed, but of money a far\\nExcept for a few days in December, 1776, when it fled to\\nBaltimore and again from September, 1777, to June, 1778,\\nwhen Philadelphia was in possession of the British during that\\ninterval Congress held its meetings at York in Pennsylvania.\\n2 See my Critical Period of American History, pp. 112, 271,\\n306.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0244.jp2"}, "245": {"fulltext": "ORIGIN^ OF THE FEDERAL UNION. 207\\nsmaller proportion. Sometimes it borrowed money\\nfrom Holland or France, but often its only resource\\nwas to issue paper promises to pay, or the so-called\\nContinental paper money. Thera were no federal\\ncourts/ nor marshals to execute federal decrees. Con-\\ngress might issue orders, but it had no means of com=\\npelling obedience.\\nThe Continental Congress was therefore not in the\\nfull sense a sovereign bodyo A government is not\\nreally a government until it can impose taxes and thus\\ncommand the money needful for keeping it it was not\\nin existence. Nevertheless the Congress ex- dow^d\u00c2\u00b0nith\\nercised some of the most indisputable func- ^o ereignty.\\ntions of sovereignty. It declared the independence\\nof the United States it contracted an offensive and\\ndefensive alliance with France it raised and organ-\\nized a Continental army it borrowed large sums of\\nmoney, and pledged what the lenders understood to\\nbe the national credit for their repayment it issued\\nan inconvertible paper currency, granted letters of\\nmarque, and built a navy. Finally it ratified a\\ntreaty of peace with Great Britain. So that the Con-\\ngress was really, in many respects, and in the eyes of\\nthe world at large, a sovereign body. Time soon\\nshowed that the continued exercise of such powers\\nwas not compatible with the absence of the power to\\ntax the people. In truth the situation of the Conti=\\nnental Congress was an illogical situation. In the ef-\\nfort of throwing off the sovereignty of Great Britain,\\nthe people of these states were constructing a federal\\nunion faster than they realized. Their theory of the\\n1 Except the Court of Appeals in Cases of Capture, for an\\nadmirable account of which see Jameson s Essays in the Consti-\\ntutional History of the United States, pp. 1-45.\\nCritical Period, p. 93.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0245.jp2"}, "246": {"fulltext": "208 THE FEDERAL UNION.\\nsituation did not keep pace with the facts, and their\\nfirst attempt to embody their theory, in the Articles\\nof Confederation, was not unnaturally a failure.\\nAt first the pcAvers of the Congress were vague.\\nThey were what are called Implied war powers\\nthat is to say, the Congress had a war with Great\\nBritain on its hands, and must be supposed to have\\npower to do whatever was necessary to bring the war\\nto a successful conclusion. At first, too, when it had\\nonly begun to issue paper money, there was a momen-\\ntary feeling of prosperity. Military success added to\\nits appearance of strength, and the reputation of the\\nCongress reached its highwater mark early in 1778,\\nafter the capture of Burgoyne s army and the mak-\\ning of the alliance with France. After that time,\\nwith the weary prolonging of the war, the increase of\\nDecline of public debt, and the collapse of the pa-\\nnenSi con- P^i currcucy, its reputation steadily declined.\\ngress. There was also much work to be done in re-\\norganizing the state governments, and this kept at\\nhome in the state legislatures many of the ablest men\\nwho would otherwise have been sent to the Congress.\\nThus in point of intellectual capacity the latter body\\nwas distinctly inferior in 1783 to what it had been\\nwhen first assembled nine years earlier.\\nThe arrival of peace did not help the Congress, but\\nmade matters worse. When the absolute necessity of\\npresenting a united front to the common enemy was\\nremoved, the weakness of the union was shown in\\nmany ways that were alarming. The sentiment of\\nunion was weak. In spite of the community in lan-\\nguage and institutions, which was so favourable to\\nunion, the people of the several states had many local\\nprejudices which tended to destroy the union in its in-\\nfancy. A man was quicker to remeAber that he was", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0246.jp2"}, "247": {"fulltext": "ORIGIN OF THE FEDERAL UNION. 209\\na New Yorker or a Massachusetts man than that he\\nwas an American and a citizen of the United States.\\nNeighbouring states levied custom-house duties against\\none another, or refused to admit into their Anarchical\\nmarkets each other s produce, or had quar- ^e cies.\\nrels about boundaries which went to the verge of war.\\nThings grew worse every year until by the autumn\\nof 1786, when the Congress was quite bankrupt and\\nmost of the states nearly so, when threats of secession\\nwere heard both in New England and in the South,\\nwhen there were riots in several states and Massachu-\\nsetts was engaged in suppressing armed rebellion,\\nwhen people in Europe were beginning to ask whether\\nwe were more likely to be seized upon by France or\\nreconquered piecemeal by Great Britain, it came to be\\nthought necessary to make some kind of a change.\\nMen were most unwillingly brought to this conclu-\\nsion, because they were used to their state assemblies\\nand not afraid of them, but they were afraid of in-\\ncreasing the powers of any government superior to the\\nstates, lest they should thus create an unmanageable\\ntyranny. They believed that even anarchy, though a\\ndreadful evil, is not so dreadful as despotism, and for\\nthis view there is much to be said. After no end* of\\ntrouble a convention was at length got together at\\nPhiladelphia in May, 1787, and after four months of\\nwork with closed doors, it was able to offer\\nT 1 i^ The Federal\\nto the country the new Federal Constitution, convention\\nBoth in its character and in the work which\\nit did, this Federal Convention, over which Washing-\\nton presided, and of which Franklin, Madison, and\\nHamilton were members, was one of the most remark-\\nable deliberative bodies known to history.\\nWe have seen that the fundamental weakness of\\nthe Continental Congress lay iu the fact that it could", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0247.jp2"}, "248": {"fulltext": "210 THE FEDERAL UNION.\\nnot tax the people. Hence althougli it could for a\\ntime exert other high functions of sovereignty, it could\\nonly do so while money was supplied to it from other\\nsources than taxation from contributions made by\\nthe states in answer to its requisitions, from foreign\\nloans, and from a paper currency. But such resources\\ncould not last long. It was like a man s trying to live\\nupon his own promissory notes and upon gifts and un-\\nsecured loans from his friends. When the supply of\\nmoney was exhausted, the Congress soon found that\\nit could no longer comport itself as a sovereign power\\nit could not preserve order at home, and the situation\\nabroad may be illustrated by the fact that George III.\\nkept garrisons in several of our northwestern frontier\\ntowns and would not send a minister to the United\\nStates. This example shows that, among the sov-\\nereign powers of a government, the power of taxation\\nis the fundamental one upon which all the others de-\\npend. Nothing can go on without money.\\nBut the people of the several states would never\\nconsent to grant the power of taxation to such a body\\nas the Continental Congress, in which they were not\\nrepresented. The Congress was not a legislature, but\\na diplomatic body it did not represent the people,\\nbut the state governments and a large state like\\nPennsylvania had no more weight in it than a little\\nstate like Delaware. If there was to be any central\\nassembly for the whole union, endowed with the\\npower of taxation, it must be an assembly represent-\\ning the American people just as the assembly of a\\nsingle state represented the people of the state.\\nAs soon as this point became clear, it was seen to\\nbe necessary to throw the Articles of Confederation\\noverboard, and construct a new national government.\\nAs was said above, our Federal Congress is not de-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0248.jp2"}, "249": {"fulltext": "ORIGIN OF THE FEDERAL UNION. 211\\nscended from the Continental Congress. Its parent-\\n.age is to be sought in the state legislatures. Our\\nfederal government was constructed after the general\\nmodel of the state governments, with some points\\ncopied from British usages, and some points that were\\noriginal and new.\\nQUESTIONS ON THE TEXT.\\n1. What are the reasons for reserving the Constitution of the\\nUnited States for the concluding chapter\\n2. Circumstances that favoured union of the colonies\\na. The origin of their inhabitants.\\nh. All the details of their civil government.\\nc. The ease with which they understood one another.\\nd. Their common dangers, two in particular.\\n3. Earlier unions among the colonies\\na. The New England Confederacy, its time, purpose, and\\nduration.\\nh. The French danger, and plans to meet it.\\nc. The Albany Congress, its nature and immediate purpose.\\nd. The Stamp Act Congress.\\n4. Committees of correspondence\\na. The circular letter of Massachusetts in 1768.\\n6. Town committees of correspondence in Massachusetts in\\n1772.\\nc. Colonial committees of correspondence in 1773.\\nd. The habit established through these committees.\\n5. The Continental Congress\\na. The immediate causes that led to it.\\n6. How it might have been temporary.\\nc. How it became permanent.\\nd. Its date, place of meeting, and duration.\\ne. Why continental as distinguished from provincial\\nf. The nature and extent of its authority.\\ng. The states represented in it never fully sovereign.\\n6. Give an account of the Articles of Confederation.\\n7. Distinguish between the Continental Congress and the\\nFederal.\\n8. The powers of the Continental Congress\\na. Its homelessness and wandering.\\nh. Its delegates and their voting power.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0249.jp2"}, "250": {"fulltext": "212 THE FEDERAL UNION,\\nc. Its presiding officer.\\nd. Its management of executive matters.\\ne. The finance committee and its problems.\\nf. The raising of money.\\ng. The compelling of obedience.\\n9. The Continental Congress not a sovereign body\\na. The nature of real government.\\nb. Some functions of sovereignty exercised by the Congress,\\nc. The situation illogical.\\n10. Explain the implied war powers of the Congress.\\n11. When was the Congress at the height of its reputation, and\\nwhy\\n12. Explain the decline in its reputation from 1778 to 1783.\\n13. The alarming weakness of the union after 1783\\na. The e\u00c2\u00a3Eect of peace upon the union.\\nh. Local prejudices.\\nc. State antagonisms.\\nd. The gloomy outlook in 1786.\\n^4. The Federal Convention in 1787\\na. The reluctance to make the change that was felt to be\\nneeded.\\n6. Some facts about the Convention.\\nc. The character of its delegates.\\nd. The fundamental weakness of the Continental Congress.\\ne. The fundamental power of a strong government.\\nThe objection to granting the power of taxation to the\\nContinental Congress.\\ng. The sort of assembly demanded for exercising the taxing\\npower.\\nh. The model on which the federal government was built.\\n2. The Federal Congress.\\nThe federal House of Representatives is descended,\\ntlirougli tlie state houses of representatives, from the\\ncolonial assemblies. It is an assembly representing\\nthe whole population of the country as if it were all\\nin one e-reat state. It is composed of mem-\\nThe H0US6\\nof Represen- bcrs choscn everv other year by the people\\ntatives.\\nof the states. Persons m any state who are\\nqualified to vote for state representatives are qualified", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0250.jp2"}, "251": {"fulltext": "THE FEDERAL CONGRESS. 213\\nto vote for federal representatives. This arrange-\\nment left the power of regulating the suffrage in the\\nhands of the several states, where it still remains, save\\nfor the restriction imposed in 1870 for the protection\\nof the southern freedmen. A candidate for election\\nto the House of Representatives must be twenty-five\\nyears old, must have been seven years a citizen of the\\nUnited States, and must be an inhabitant of the state\\nin which he is chosen.\\nAs the Federal Congress is a taxing body, repre-\\nsentatives and direct taxes are apportioned among\\nthe several states according to the same rule, that is,\\naccording to population. At this point a difficulty\\narose in the Convention as to whether slaves should\\nbe counted as population. If they were to be counted,\\nthe relative weight of the slave states in all matters of\\nnational legislation would be much increased. The\\nnorthern states thought, with reason, that it would be\\nunduly increased. The difficulty was ad-\\n11 T 1 The three\\nlusted by a compromise according to which fifths com-\\npromise.\\nfive slaves were to be reckoned as three per-\\nsons. Since the abolition of slavery this provision\\nhas become obsolete, but until 1860 it was a very im-\\nportant factor in American history.^\\nIn the federal House of Representatives the great\\nstates of course have much more weight than the\\nsmall states. In 1790 the f jur largest states had 32\\nrepresentatives, while the other nine had only 33.\\nThe largest state, Virginia, had 10 representatives to\\n1 from Delaware. These disparities have increased.\\nIn 1880, out of thirty-eight states the nine largest had\\na majority of the house, and the largest state. New\\nYork, had 34 representatives to 1 from Delaware.\\nThis feature of the House of Representatives caused\\n1 See my Critical Period, pp. 257-262.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0251.jp2"}, "252": {"fulltext": "214 THE FEDERAL UNION.\\nthe smaller states in the Convention to oppose the\\nwhole scheme of constructing a new government.\\nThey were determined that great and small states\\nshould have equal weight in Congress. Their stead-\\nfast opposition threatened to ruin everything, when\\nfortunately a method of compromise was discovered.\\nIt was intended that the national legislature, in imita-\\ntion of the state legislatures, should have an upper\\nhouse or senate and at first the advocates of a strong\\nnational government proposed that the senate\\nThe Con- r r\\nnecticut also should represent population, thus differ-\\ncompromise. ii\u00c2\u00bbi\\nmg from the lower house only m the way in\\nwhich we have seen that it generally differed in the\\nseveral states. But it happened that in the state of\\nConnecticut the custom was peculiar. There it had\\nalways been the custom to elect the governor and\\nupper house by a majority vote of the whole people,\\nwhile for each township there was an equality of rep-\\nresentation in the lower house. The Connecticut del-\\negates in the Convention, therefore, being familiar\\nwith a legislature in which the two houses were com-\\nposed on different principles, suggested a compromise.\\nLet the House of Eepresentatives, they said, repre-\\nsent the people, and let the Senate represent the\\nstates let all the states, great and small, be repre-\\nsented equally in the federal Senate. Such was the\\nfamous Connecticut Compromise. Without it the\\nConvention would probably have broken up without\\naccomplishing anything. When it was adopted, half\\nthe work of making the new government was done,\\nfor the small states, having had their fears thus allayed\\nby the assurance that they were to be equally repre-\\nsented in the Senate, no longer opposed the work but\\ncooperated in it most zealously.\\nThus it came to pass that the upper house of our", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0252.jp2"}, "253": {"fulltext": "THE FEDERAL CONGRESS. 216\\nnational legislature is composed of two senators from\\neach state. As they represent the state, they are chosen\\nby its legislature and not by the people but\\nwhen they have taken their seats in the Sen-\\nate they do not vote by states, like the delegates in\\nthe Continental Congress. On the contrary each sen-\\nator has one vote, and the two senators from the same\\nstate may, and often do, vote on opposite sides.\\nIn accordance with the notion that an upper house\\nshould be somewhat less democratic than a lower\\nhouse, the term of office for senators was made longer\\nthan for representatives. The tendency is to make\\nthe Senate respond more slowly to changes in popular\\nsentiment, and this is often an advantage. Popular\\nopinion is often very wrong at particular moments,\\nbut with time it is apt to correct its mistakes. We\\nare usually in more danger of suffering from hasty\\nlegislation than from tardy legislation. Senators are\\nchosen for a term of six years, and one third of the num-\\nber of terms expire every second year, so that, while\\nthe whole Senate may be renewed by the lapse of six\\nyears, there is never a new Senate. The Senate\\nhas thus a continuous existence and a permanent or-\\nganization; whereas each House of Representatives\\nexpires at the end of its two years term, and is suc-\\nceeded by a new House, which requires to be organ-\\nized by electing its officers, etc., before proceeding to\\nbusiness. A candidate for the senatorship must have\\nreached the age of thirty, must have been nine years\\na citizen of the United States, and must be an inhab-\\nitant of the state which he represents.\\nThe constitution leaves the times, places, and man-\\nner of holding elections for senators and representa-\\ntives to be prescribed in each state by its own legisla-\\nture but it gives to Congress the power to alter such", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0253.jp2"}, "254": {"fulltext": "216 THE FEDERAL UNION.\\nregulations, except as to the place of choosing sen-\\nators. Here we see a vestige of the original theory\\naccording to which the Senate was to be peculiarly the\\nhome of state rights.\\nIn the composition of the House of Eepresentatives\\nthe state legislatures play a very important part. For\\nthe purposes of the election a state is divided into dis-\\ntricts corresponding to the nimiber of representatives\\nthe state is entitled to send to Congress. These electo-\\nEiectorai ^al districts are marked out by the legislature,\\ndistricts. ^]^g division is apt to be made by the\\npreponderating party with an unfairness that is at\\nonce shameful and ridiculous. The aim, of course, is\\nso to lay out the districts as to secure in the greatest\\npossible number of them a majority for the party\\nwhich conducts the operation. This is done some-\\ntimes by throwing the greatest possible number of\\nhostile voters into a district which is anyhow certain\\nto be hostile, sometimes by adding to a district where\\nparties are equally divided some place in which the ma-\\njority of friendly voters is sufficient to turn the scale.\\nThere is a district in Mississippi (the so-called Shoe\\nString district) 250 miles long by 30 broad, and an-\\nother in Pennsylvania resembling a dumb-bell.\\nIn Missoiu i a district has been contrived longer, if\\nmeasured along its windings, than the state itself, into\\nwhich as large a nimiber as possible of the negro\\nvoters have been thrown. This trick is called e-er-\\nGerryman- rymandcring, fromElbridge Gerry, of Mas-\\ndermg. sachusctts, who was \\\\ace president of the\\nUnited States from 1813 to 1817. It seems to have\\nbeen first devised in 1788 by the enemies of the Fed-\\neral Constitution in Virginia, in order to prevent the\\nelection of James Madison to the first Congress, and\\nBryce, American Commomcealth, vol. i. p. 121.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0254.jp2"}, "255": {"fulltext": "THE FEDERAL CONGRESS. 217\\nfortunately it was unsuccessful.^ It was introduced\\nsome years afterward into Massachusetts. In 1812,\\nwhile Gerry was governor of that state, the Republi-\\ncan legislature redistributed the districts in such wise\\nthat the shapes of the towns forming a single district\\nin Essex county gave to the district a somewhat drag-\\non-like contour. This was indicated upon a map of\\nMassachusetts which Benjamin Russell, an ardent\\nFederalist and editor of the Centinel, hung up over\\nthe desk in his office. The celebrated painter, Gilbert\\nStuart, coming into the office one day and observing\\nthe uncouth figure, added with his pencil a head, wings,\\nand claws, and exclaimed, That wiU do for a sala-\\nmander Better say a Gerrymander growled\\n1 Tyler s Patrick Henry, p. 313.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0255.jp2"}, "256": {"fulltext": "218 THE FEDERAL UNION.\\nthe editor and the outlandish name, thus duly coined,\\nsoon came into general currency.^\\nWhen after an increase in its number of represen-\\ntatives the state has failed to redistribute its districts,\\nthe additional member or members are voted for upon\\na general state ticket, and are called representatives\\nat large. In Maine, where the census of 1880 liad\\nreduced the number of representatives and there was\\nsome delay in the redistribution, Congress allowed the\\nState in 1882 to elect all its representatives upon a\\ngeneral ticket. The advantage of the district system\\nis that the candidates are likely to be better known by\\nThe election their neighbours, but the election at large is\\nat large. perhaps more likely to secure able men.^ It\\nis the American custom to nominate only residents of\\nthe district as candidates for the House of Represen-\\ntatives. A citizen of Albany, for example, would not\\nbe nominated for the district in which Buffalo is situ-\\nated. In the British practice, on the other hand, if\\nan eminent man cannot get a nomination in his own\\ncounty or borough, there is nothing to prevent his\\nstanding for any other county or borough. This sys-\\ntem seems more favourable to the independence of the\\nlegislator than our system. Some of its advantages\\nare obtained by the election at large.\\nCongress must assemble at least once in every year,\\nand the constitution appoints the first Monday in De-\\nTime of as- ccmber for the time of meeting but Con-\\nBembhng. gress cau, if worth while, enact a law chang-\\nWinsor s Memorial History of Boston, vol. iii. p. 212 see\\nalso Bryce, loc. cit. The word is sometimes incorrectly pro-\\nnounced jerrymander. Mr. Winsor observes that the back\\nline of the creature s body forms a profile caricatiu-e of Gerry s\\nface, with the nose at Middleton.\\nThe difference is similar to the difference between the French\\nscrutin d arrondissement and scrutin de liste.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0256.jp2"}, "257": {"fulltext": "THE FEDERAL CONGRESS. 219\\nIng the time. The established custom is to hold the\\nelection for representatives upon the same day as the\\nelection for president, the Tuesday after the first\\nMonday in November. As the period of the new\\nadministration does not begin until the fourth day of\\nthe following March, the new House of Representa-\\ntives does not assemble until the December following\\nthat date, unless the now president should at some ear-\\nlier moment summon an extra session of Congress. It\\nthus haiDpens that ordinarily the representatives of the\\nnation do not meet for more than a year after their\\nelection and as their business is at least to give legis-\\nlative expression to the popular opinion which elected\\nthem, the delay is in this instance regarded by many\\npersons as inconvenient and injudicious.\\nEach house is judge of the elections, qualifications,\\nand returns of its own members determines its own\\nrules of procedure, and may punish its members for\\ndisorderly behaviour, or by a two thirds vote expel a\\nmember. Absent members may be compelled under\\npenalties to attend. Each house is required to keep a\\njournal of its proceedings and at proper intervals to\\npublish it, except such parts as for reasons of public\\npolicy had better be kept secret. At the request of\\none fifth of the members present, the yeas and nays\\nmust be entered on the journal. During the session\\nof Congress neither house may, without consent of\\nthe other, adjourn for more than three days, or to any\\nDther place than that in which Congress is sitting.\\nSenators and representatives receive a salary fixed\\nby law, and as they are federal functionaries they are\\npaid from the federal treasury. In all cases, except\\ntreason or felony or breach of the peace, they are\\nprivileged from arrest during their attendance in Con-\\ngress, as also while on their way to it and while re-\\nturning home and for any speech or debate in either", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0257.jp2"}, "258": {"fulltext": "220 THE FEDERAL UNION.\\nhouse they shall not be questioned in any other place.\\nprivaegesof These provisions are reminiscences of the\\nmembers. gyjj ^jg^yg ^}ien the king strove to interfere,\\nby fair means or foul, with free speech in parliament\\nand they are important enough to be incorporated in\\nthe supreme law of the land. No person can at the\\nsame time hold any civil office under the United\\nStates government and be a member of either house\\nof Congress.\\nThe vice-president is the presiding officer of the\\nSenate, with power to vote only in case of a tie. The\\nHouse of Representatives elects its presiding officer,\\nwho is called the Speaker. In the early his-\\ntory of the House of Commons, its presiding\\nofficer was naturally enough its spohesman. He could\\nspeak for it in addressing the crown. Henry of\\nKeighley thus addressed the crown in 1301, and there\\nwere other instances during that century, until in\\n1376 the title of Speaker was definitely given to Sir\\nThomas Hungerford, and from that date the list is un-\\nbroken. The title was given to the presiding officers of\\nthe American colonial assemblies, and thence it passed\\non to the state and federal legislatures. The Speaker\\npresides over the debates, puts the question, and de-\\ncides points of order. He also appoints the commit-\\ntees of the House of Eepresentatives, and as the\\ninitiatory work in our legislation is now so largely\\ndone by the committees, this makes him the most pow-\\nerful officer of the government except the President.\\nThe provisions for impeachment of public officers\\nare copied from the custom in England. Since the\\nfourteenth century the House of Commons has occa-\\nsionally exercised the power of impeaching the king s\\nministers and other high public officers, and although\\nthe power was not used during the sixteenth century,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0258.jp2"}, "259": {"fulltext": "THE FEDERAL CONGRESS. 221\\nit was afterward revived and conclusively established.\\nIn 1701 it was enacted that the royal pardon\\nIT 1 TIT T Impeach-\\ncould not be pleaded against an impeach- mentinEng-\\nment, and this act finally secured the respon-\\n^sibility of the king s ministers to Parliament. An\\nimpeachment is a kind of accusation or indictment\\nbrought against a public officer by the House of Com-\\nmons. The court in which the case is tried is the\\nHouse of Lords, and the ordinary rules of judicial pro-\\ncedure are followed. The regular president of the\\nHouse of Lords is the Lord Chancellor, who is the\\nhighest judicial officer in the kingdom. A simple ma-\\njority vote secures conviction, and then it is left for the\\nHouse of Commons to say whether judgment shall be\\npronounced or not.\\nIn the United States the House of Representatives\\nhas the sole power of impeachment, and the Senate\\nhas the sole power to try all impeachments. When\\nthe president of the United States is tried, impeach-\\nthe chief -justice must preside. As a precau- united\\ntion against the use of impeachment for\\nparty purposes, a two thirds vote is required for con-\\nviction; and this precaution proved effectual (fortu-\\nnately, as most persons now admit) in the famous\\ncase of President Johnson in 1868. In case of con-\\nviction the judgment cannot extend further than to\\nremoval from office, and disqualification to hold and\\nenjoy any office of honour, trust, or profit under the\\nUnited States but the person convicted is liable\\nafterward to be tried and punished by the ordinary\\nprocess of law.\\nThe provisions of the Constitution for legislation\\nare admirably simple. All biUs for raising revenue\\nmust originate in the lower house, but the upper\\nhouse may propose or concur with amendments, as", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0259.jp2"}, "260": {"fulltext": "222 THE FEDERAL UNION:\\non other bills. This provision was inherited from\\nParliament, through the colonial legislatures^^^After\\na bill has passed both houses it must be sent to the\\npresident for approval. If he approves it, he signs\\nit if not, he returns it to the house in which it\\noriginated, with a written statement of his\\nVeto power\\nof the pres- obicctious, and this statement must be en=\\nident\\ntered in full upon the journal of the house\u00e2\u0080\u009e\\nThe bill is then reconsidered, and if it obtains a two\\nthirds vote, it is sent, together with the objections, to\\nthe other house. If it there likewise obtains a two\\nthirds vote, it becomes a law, in spite of the objec-\\ntions. Otherwise it fails. If the president keeps a\\nbill longer than ten days (Sundays excepted) with-\\nout signing it, it becomes a law without his signa-\\nture unless Congress adjourns before the expiration\\nof the ten days, in which case it fails to become a law,\\njust as if it had been vetoed. This method of vetoing\\na bill just before the expiration of a Congress, by\\nkeeping it in one s pocket, so to speak, was dubbed a\\npocket veto, and was first employed by President\\nJackson in 1829. The president s veto power is a\\nqualified form of that which formerly belonged to the\\nEnglish sovereign but has now, as already observed,\\nbecome practically obsolete. As a means of guarding\\nthe country against unwise legislation, it has proved\\nto be one of the most valuable features of our Federal\\nConstitution. In bad hands it cannot do much harm\\nit can only delay for a short time a needed law. But\\nwhen properly used it can save the country from laws\\nthat if once enacted would sow seeds of disaster very\\nhard to eradicate and it has repeatedly done so. A\\nsingle man will often act intelligently where a group\\nof men act foolishly, and, as already observed, he is\\napt to have a keener sense of responsibility.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0260.jp2"}, "261": {"fulltext": "THE FEDERAL CONGRESS. 223\\nQUESTIONS ON THE TEXT.\\nWhat is to be said with regard to the following topics\\ni. The House of Representatives\\na. Its relation to the people.\\nb. The term of service.\\nc. Qualifications of those who may vote for representa-\\ntives.\\nd. Qualifications for membership.\\ne. The three fifths compromise.\\n2. The Connecticut Compromise.\\na. The powers of the different states in the House.\\nh. Opposition to the scheme of a new government.\\nc. What the advocates of a strong government wanted the\\nSenate to represent.\\nd. A peculiar Connecticut system.\\ne. The suggestion of the Connecticut delegates.\\nf. The effect of the compromise.\\n3. The Senate\\no. The number of senators.\\n6. The method of electing senators..\\nc. The voting of senators.\\nd. The term of service.\\ne. The maintenance of a continuous existence\\ny. A comparison with the House in respect to nearness to the\\npeople.\\ng. Qualifications for membership.\\n4. Elections for senators and representatives\\na. Times, places, and manner of holding elections.\\nh. The power of Congress over state regulations.\\nc. Electoral districts.\\nd. The temptation to unfairness in laying out electoral dis-\\ntricts.\\ne. Illustrations of unfair divisions.\\nf. Gerrymandering.\\ng. Representatives at large.\\nJi. The advantage of the district system.\\ni. The British system and its advantage.\\n5. The assembling of Congress\\na. The time of assembling.\\nh. The interval between a member s election and the begin-\\nning of his service.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0261.jp2"}, "262": {"fulltext": "224 THE FEDERAL UNION.\\nc. The disadvantage of this long interval.\\n6. What is the duty of each house in respect (1) to its member-\\nship, (2) its rules, (3) its records, and (4) its adjourn-\\nment.\\n7. Give an account (1) of the pay of a congressman, (2) of\\nhis freedom from arrest, (3) of his responsibility for\\nwords spoken in debate, and (4) of his right to hold\\nother office.\\n8. Tell (1) who preside in Congress, (2) how the name speaker\\noriginated, (3) what the speaker s duties are, and (4)\\nwhat his power in the government is.\\n9. Impeachment of public officers\\na. Old English usage.\\nh. The conduct of an impeachment trial in England.\\nc. The conduct of an impeachment trial in the United States.\\nd. The penalty in case of conviction.\\n10. The provisions of the Constitution for legislation\\na. Bills for raising revenue.\\nh. How a bill becomes a law.\\nc. The president s veto power.\\nd. Passage of a bill over the president s veto.\\ne. The pocket veto.\\nThe veto power in England.\\ng. The value of the veto power.\\n3. TTie Federal Executive.\\nIn signing or vetoing bills passed by Congress the\\npresident shares in legislation, and is virtually a third\\nhouse. In his other capacities he is the chief executive\\nofficer of the Federal Union; and inasmuch as he\\nappoints the other great executive officers, he is really\\nthe head of the executive department, not like the\\ngovernor of a state a mere member of it. His title\\nof President is probably an inheritance from the\\npresidents of the Continental Congress. In\\nPresi- Franklin s plan of union, in 1754, the head\\ndent.\\nof the executive department was called\\nGovernor General, but that title had an unpleasant", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0262.jp2"}, "263": {"fulltext": "THE FEDERAL EXECUTIVE. 225\\nsound to American ears. Our great-grandfathers liked\\npresident better, somewhat as the Komans, in the\\neighth century of their city, preferred imperator\\nto rex. Then, as it served to distinguish widely\\nbetween the head of the Union and the heads of the\\nstates, it soon fell into disuse in the state governments,\\nand thus president has come to be a much grander\\ntitle than governor, just as emperor has come\\nto be a grander title than king.\\nThere was no question which perplexed the\\nFederal Convention more than the question as to the\\nbest method of electing the president. There was a\\ngeneral distrust of popular election for an office so\\nexalted. At one time the Convention decided to have\\nthe president elected by Congress, but there was a\\ngrave objection to this it would be likely to destroy\\nhis independence, and make him the tool of Congress.\\nFinally the device of an electoral coUegewas The electoral\\nadopted. Each state is entitled to a number \u00c2\u00b0^^^se.\\nof electors equal to the number of its representatives\\nin Congress, ^^Z^^s two, the number of its senators.\\nThus to-day Delaware, with 1 representative, has 8\\nelectors Missouri, with 14 representatives, has 16\\nelectors New York, with 34 representatives, has 36\\nelectors. No federal senator or representative, or any\\nperson holding civil office under the United States,\\ncan serve as an elector. Each state may appoint or\\nchoose its electors in such manner as it sees fit at\\nfirst they were more often than otherwise chosen by\\nthe legislatures, now they are always elected by the\\npeople. The day of election must be the same in all\\nthe states.\\nBy an act of Congress passed in 1792 it is required\\nto be within 34 days preceding the first Wednesday in\\nSee above p. 163,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0263.jp2"}, "264": {"fulltext": "-26 THE FEDERAL UNION.\\nDecember. A siibsequout act in 1845 appointed the\\nTuesday following the tirst Monday in oveniber as\\nelection day.\\nBy the act of 1792 the electors chosen in each state\\nare required to assemble on the first Wednesday in\\nDecember at some place in the state which is desig-\\nnated by the legislature. Before this date the gov-\\nernor of the state must cause a certilied list of the\\nnames of the electors to be made out in triplicate and\\ndelivered to the electors. Having met together they\\nvote for president and vice-president, make out a\\nsealed certificate of their vote in triplicate, and attach\\nto each copy a copy of the certified list of their names.\\nOne copy must be delivered by a messenger to the\\npresident of the Senate at the federal capital before\\nthe first Wednesday in January the second is sent\\nto the same officer through the mail the third is to\\nbe deposited with the federal judge of the district in\\nwhich the electors meet. If by the first Wednesday\\nin January the certificate has not been received at\\nthe federal capital, the secretary of state is to send a\\nmessenger to the district judge and obtain the copy\\ndeposited with him. The interval of a month was\\nallowed to get the returns in, for those were not the\\ndays of railroad and telegraph. The messengers were\\nallowed twenty-five cents a mile, and were subject to\\na fine of a thousand dollars for neglect of duty. On\\nthe second AVednesday in February, Congress is re-\\nquired to be in session, and the votes received are\\ncounted and the result declared.^\\nAt first the electoral votes did not state whether\\nthe candidates named In them w^ere candidates for the\\npresidency or for tlie vit o-presidency. Each elector\\nsimply wrote down two names, only one of which\\ncould be the name of a citizen of his own .state, hx\\nSefe note on p. 278.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0264.jp2"}, "265": {"fulltext": "THE FEDERAL EXECUTIVE. 227\\nthe official count the candidate who had the largest\\nnumber of votes, provided they were a majority of\\nthe whole number, was declared president, and the\\ncandidate who haxl the next to the largest niimber\\nwas declared vice-president. The natural result of\\nthis was seen in the first contested election in 1796,\\nwhich made Adams president, and his antagonist vice-\\npresident. In the next election in 1800 it gave to\\nJefferson and his colleague Burr exactly the same\\nnumber of votes. In such a case the House of Rep-\\nresentatives must elect, and such intrigues followed\\nfor the purpose of defeating Jefferson that the country\\nwas rought to the verge of civil war. It thus became\\nnecessary to change the methorl. By the tweKth amend-\\nment to the constitution, declared in force\\n,_.., The twelfth\\nm 1804, the present method was adopted, amendment\\nThe electors make separate ballots for presi-\\ndent and for vice-president. In the official count the\\nvotes for president are first inspected. If no candi-\\ndate has a majority, then the House of Representatives\\nmust immediately choose the president from the three\\nnames highest on the list. In this choice the house\\nvotes by states, each slate having one vote a quorum\\nfor this purpose must consist of at least one niember\\nfrom two thirds of the states, and a majority of all\\nthe states is necessary for a choice. Then if no can-\\ndidate for the vice-presidency has a majority, the\\nSenate makes its choice from the two names highest\\non the list a quorum for the purpose consists of two\\nthirds of the whole ntunber of senators, and a majority\\nof the whole number is necessaiy to a choice. Since\\nthis amendment was made there has been one instance\\nof an election of the president by the House of Rep-\\nresentatives, that of John Quincy Adams in 1825;\\nand there has been one instance of an election of the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0265.jp2"}, "266": {"fulltext": "228 THE FEDERAL UNION.\\nvice-president by the Senate, that of Richard Men*\\ntor Johnson in 1837.\\nOne serious difficulty was not yet foreseen and pro-\\nvided for that of deciding between two conflicting\\nreturns sent in by two hostile sets of electors in the\\nsame state, each list being certified by one of two\\nrival governors claiming authority in the same state.\\nSuch a case occurred in 1877, when Florida, Louisiana,\\nand South Carolina were the scene of struggles be-\\ntween rival governments. Ballots for Tilden and bal-\\nlots for Hayes were sent in at the same time from\\nthese states, and in the absence of any recognized\\nmeans of determining which ballots to\\nXli6 electoral\\ncommission couut, the two parties in Congress submitted\\nthe result to arbitration. An electoral\\ncommission was created for the occasion, composed\\nof five senators, five representatives, and five judges\\nt)f the supreme court and this body decided what\\nvotes were to be counted. It was a clumsy expedient,\\nbut infinitely preferable to civil war. The question\\nof conflicting returns has at length been set at rest by\\nthe act of 1887, which provides that no electoral votes\\ncan be rejected in counting except by the concurrent\\naction of the two houses of Congress.\\nThe devolution of the presidential office in case of\\nthe president s death has also been made the subject\\nof legislative change and amendment. The office of\\nvice-president was created chiefly for the purpose of\\nmeeting such an emergency. Upon the accession of\\nthe vice-president to the presidency, the Senate would\\nproceed to elect its own president pro tempore. An\\nact of 1791 provided that in case of the death, resigna-\\nPresidentiai ^ou. Or disability of both president and vice-\\nfiuccession. president, the succession should devolve first\\nupon the president pro tempore of the Senate and", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0266.jp2"}, "267": {"fulltext": "THE FEDERAL EXECUTIVE. 229\\nthen upon the speaker of the House of Representa-\\ntives, until the disability should be removed or a new\\nelection be held. But supposing a newly elected\\npresident to die and be succeeded by the vice-presi-\\ndent before the assembling of the newly elected Con-\\ngress then there would be no president pro tempore\\nof the Senate and no speaker of the House of Repre-\\nsentatives, and thus the death of one person might\\ncause the presidency to lapse. Moreover the presid-\\ning officers of the two houses of Congress might be\\nmembers of the party defeated in the last presidential\\nelection indeed, this is often the case. Sound policy\\nand fair dealing require that a victorious party shall\\nnot be turned out because of the death of the presi-\\ndent and vice-president. Accordingly an act of 1886\\nprovided that in such an event the succession should\\ndevolve upon the members of the cabinet in the follow-\\ning order secretary of state, secretary of the treasury,\\nsecretary of war, attorney-general, postmaster-general,\\nsecretary of the navy, secretary of the interior. This\\nwould seem to be ample provision against a lapse.\\n^o return to the electoral college it was devised\\nas a safeguard against popular excitement. It was\\nsupposed that the electors in their December meeting\\nwould calmly discuss the merits of the ablest men in\\nthe country and make an intelligent selection for the\\npresidency. The electors were to use their\\nOriginal pur-\\nown iudament, and it was not necessary that pose of the\\nelectoral col-\\nall the electors chosen in one state should lege not ful-\\nfilled.\\nvote for the same candidate. The people on\\nelection day were not supposed to be voting for a\\npresident but for presidential electors. This theory\\nwas never realized. The two elections of Washington,\\nin 1788 and 1792, were unanimous. In the second\\ncontested election, that of 1800, the electors simply", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0267.jp2"}, "268": {"fulltext": "230 THE FEDERAL UNION.\\nregistered tlie result of the popular vote, and it lias\\nbeen so ever since. Immediately after the popular\\nelection, a whole month before the meeting of the\\nelectoral college, we know who is to be the next presi-\\ndent. There is no law to prevent an elector from vot-\\ning for a different pair of candidates from those at the\\nhead of the party ticket, but the custom has become\\nas binding as a statute. The elector is chosen to vote\\nfor specified candidates, and he must do so.\\nOn the other hand, it was not until long after 1800\\nthat all the electoral votes of the same state were\\nnecessarily given to the same pair of candidates. It\\nElectors was custouiary in many states to choose the\\nchosenYn electors by districts. A state entitled to ten\\nby ^strfcts^ electors would choose eight of them in its\\nSnl general eight cougressioual districts, and there were\\nticket. various ways of choosing the other two. In\\nsome of the districts one party would have a majority,\\nin others the other, and so the electoral vote of the\\nstate would be divided between two pairs of can-\\ndidates. After 1830 it became customary to choose\\nthe electors upon a general ticket, and thus the elec-\\ntoral vote became solid in each state.\\nThis system, of course, increases the chances of\\nelecting presidents who have received a minority of\\nMinority popular votc. A Candidate may carry\\npresidents, q^q state by an immense majority and thus\\ngain 6 or 8 electoral votes; he may come within a\\nfew hundred of carrying another state and thus lose\\n36 electoral votes. Or a small third party may divert\\nsome thousands of votes from the principal candidate\\nIn 1860 the vote of New Jersey was divided between Lin-\\ncoln and Douglas, but that was because the names of three of\\nthe seven Douglas electors were upon two different tickets, and\\ntlius got a majoritj of votes while the other four fell short. In\\n1892 the state \u00c2\u00a9f Michigan chose its electors by districts.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0268.jp2"}, "269": {"fulltext": "THE FEDERAL EXECUTIVE. 231\\nwithout affecting the electoral vote of the state. Since\\nWashington s second term we have had twenty-three\\ncontested elections,^ and in nine of these the elected\\npresident has failed to receive a majority of the popu\\nlar vote Adams in 1824 (elected by the House of Rep-\\nresentatives), Polk in 1844, Taylor in 1848, Buchanan\\nin 1856, Lincoln in 1860, Hayes in 1876, Garfield in\\n1880, Cleveland in 1884, Harrison in 1888. This\\nhas suggested more or less vague speculation as to the\\nadvlsableness of changing the method of electing the\\npresident. It has been suggested that it would be\\nwell to abolish the electoral college, and resort to a\\ndirect popular vote, without reference to state lines.\\nSuch a method would be open to one serious objec-\\ntion. In a closely contested election on the present\\nmethod the result may remain doubtful for three or\\nfovir days, while a narrow majority of a few Advantages\\nhundred votes in some great state is being electoral\\nascertained by careful counting. It was so ^y^*^\u00e2\u0084\u00a2-\\nin 1884. This period of doubt is sure to be a period\\nof intense and dangerous excitement. In an election\\nwithout reference to states, the result would more\\noften be doubtful, and it would be sometimes neces-\\nsary to count every vote in every little out-of-the-way\\ncorner of the country before the question could be\\nsettled. The occasions for dispute would be multi-\\nplied a hundred fold, with most demoralizing effect.\\nOur present method is doubtless clumsy, but the\\nsolidity of the electoral colleges is a safeguard, and as\\nall parties understand the system it is in the long run*\\nas fair for one as for another.\\nThe Constitution says nothing about the method of\\nnominating candidates for the presidency, neither has\\nAll have been contested, except Monroe s reelection in 1820,\\nwhen there was no opposing candidate.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0269.jp2"}, "270": {"fulltext": "232 THE FEDERAL UNION.\\nit been made the subject of legislation. It lias been\\ndetermined by convenience. It was not necessary to\\nnominate Washington, and the candidacies of Adams\\nand Jefferson were also matters of general under-\\nstanding. In 1800 the Republican and Federalist\\nmembers of Congress respectively held secret meet-\\nNomination i^g^ Or caucuscs, chicfly for the purpose of\\nby ^congfes-^^ agreeing upon candidates for the vice-presi-\\ncu8^(i800- dency and making some plans for the can-\\nvass. It became customary to nominate\\ncandidates in such congressional caucuses, but there\\nwas much hostile comment upon the system as un-\\ndemocratic. Sometimes the favourite son of a state\\nwas nominated by the legislature, but as the means\\nof travel improved, the nominating convention came\\nto be preferred. In 1824 there were four candidates\\nfor the presidency, Adams, Jackson, Clay, and\\nCrawford. Adams was nominated by the legislatures\\nof most of the New England states Clay by the legis-\\nlature of Kentucky, followed by the legislatures of\\nMissouri, Ohio, Illinois, and Louisiana Crawford by\\nthe legislature of Virginia and Jackson by a mass\\nconvention of the people of Blount County in Tennes-\\nsee, followed by local conventions in many other states.\\nThe congressional caucus met and nominated Crawford,\\nbut this indorsement did not help him,^ and this method\\nwas no longer tried. In 1832 for the first time the\\ncandidates were all nominated in national conventions.\\nThese conventions, as fully developed, are represen-\\nNominating tativc bodics clioseu for the specific purpose\\nconventions. nominating candidates and making those\\ndeclarations of principle and policy known as plat-\\nforms. Each state is allowed twice as many dele-\\ngates as it has electoral votes. The delegates are\\n1 Stanwood, History of Presidential Elections, pp. 80-83.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0270.jp2"}, "271": {"fulltext": "THE FEDERAL EXECUTIVE. 233\\nchosen by local conventions in their several states,\\nviz., two for each congressional district by the party\\nconvention of that district, and four for, the whole\\nstate (called delegates-at-large) by the state conven-\\ntion. As each convention is composed of delegates\\nfrom primaries, it is the composition of the primaries\\nwhich determines that of the local conventions, and it\\nis the composition of the local conventions which de-\\ntermines that of the national. The primary is\\nthe smallest nominating convention. It stands in\\nsomewhat the same relation to the national conven-\\ntion as the relation of a township or ward to iheuprj.\\nthe whole United States. A primary is a\\nlittle caucus of all the voters of one party who live\\nwithin the bounds of the township or ward. It differs\\nin composition from the town-meeting in that all its\\nmembers belong to one party. It has two duties one\\nis to nominate candidates for the local offices of the\\ntownship or ward the other is to choose delegates to\\nthe county or district convention. The primary, as\\nits name indicates, is a primary and not a representa-\\ntive assembly. The party voters in a township or\\nward are usually not too numerous to meet together,\\nand all ought to attend such meetings, though in prac-\\ntice too many people stay away. By the representa-\\ntive system, through various grades of convention, the\\nwishes and character of these countless little primaries\\nare at length expressed in the wishes and character of\\nthe national party convention, and candidates for the\\npresidency and vice-presidency are nominated.\\nThe qualifications for the two offices are of course\\nthe same. Foreiffn-born citizens are not\\nf Quahfica-\\neligible, though this restriction did not in- tions for the\\nelude such as were citizens of the United\\nBryce, American Commonwealth, vol. ii. p. 145 see also p. 52.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0271.jp2"}, "272": {"fulltext": "234 THE FEDERAL UNION.\\nStates at tlie time when the Constitution was adopted.\\nThe candidate must have reached the age of thirty-\\nfive, and must have been fourteen years a resident of\\nthe United States.\\nThe president s term of office is four years. The\\nConstitution says nothing about his reelection, and\\nThe term of there is no written law to prevent his being\\noffice. reelected a dozen times. But Washington,\\nafter serving two terms, refused to accept the office a\\nthird time. Jefferson in 1808 was earnestly be-\\nsought by many and influential bodies of citizens to\\nbecome a candidate for a third term and had he\\nconsented there is scarcely a doubt that he would have\\nbeen elected. His refusal established a custom which\\nhas never been infringed, though there were persons\\nin 1876 and again in 1880 who wished to secure a\\nthird term for Grant.\\nThe president is commander-in-chief of the military\\nand naval forces of the United States, and\\nPowers and .t p i i i\\nduties of the oi the militia 01 the several states when\\nPresident. -t c i tt n\\nactually engaged m the service oi the United\\nStates and he has the royal prerogative of granting\\nreprieves and pardons for offences against the United\\nStates, except in cases of impeachment.^\\nHe can make treaties with foreign powers, but they\\nmust be confirmed by a two thirds vote of the Senate.\\nHe appoints ministers to foreign countries, consuls,\\nand the greater federal officers, such as the heads of\\nexecutive departments and judges of the Supreme\\nCourt, and all these appointments are subject to con-\\nfirmation by the Senate. He also appoints a vast\\nnumber of inferior officers, such as postmasters and\\nrevenue collectors, without the participation of the\\nSenate. When vacancies occur during the recess of\\n1 Morse s Jefferson, p. 318 2 gee above, p. 221.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0272.jp2"}, "273": {"fulltext": "THE FEDERAL EXECUTIVE. 235\\nthe Senate, he may fill them by granting commissions\\nto expire at the end of the next session. He commis-\\nsions all federal officers. He receives foreign min-\\nisters. He may summon either or both houses of\\nCongress to an extra session, and if the two houses\\ndisagree with regard to the time of adjournment, he\\nmay adjourn them to such time as he thinks best, but\\nof course not beyond the day fixed for the beginning\\nof the next regular session.\\nThe president must from time to time make a report\\nto Congress on the state of affairs in the country and\\nsuggest such a line of policy or such special measures\\nas may seem ffood to him. This report has\\nThePresi-\\ntaken the form of an annual written mes- dent s mes-\\nsage. Washington and Adams began their\\nadministrations by addressing Congress in a speech,\\nto which Congress replied but it suited the opposite\\nparty to discover in this an imitation of the British\\npractice of opening Parliament with a speech from\\nthe sovereign. It was accordingly stigmatized as\\nmonarchical, and Jefferson (though without for-\\nmally alleging any such reason) set the example,\\nwhich has been followed ever since, of addressing\\nCongress in a written message.^ Besides this annual\\nmessage, the president may at any time send in a\\nspecial message relating to matters which in his opin\\nion require immediate attention.\\nThe effectiveness of a president s message depends\\nof course on the character of the president and the\\ngeneral features of the political situation. That\\nseparation between the executive and legislative de-\\npartments, which is one of the most distinctive fea-\\ntures of civil government in the United States, tends\\nto prevent the development of leadership. An Eng-\\nJefferson, moreover, was a powerful writer and a poor speaker.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0273.jp2"}, "274": {"fulltext": "1^36 THE FEDERAL UNION.\\nlish prime minister s policy, so long as lie remains in\\noffice, must be that of the House of Commons power\\nand responsibility are concentrated. An able presi-\\ndent may virtually direct the policy of his party in\\nCongress, but he often has a majority against him in\\none house and sometimes in both at once. Thus in\\ndividing power we divide and v/eaken responsibility.\\nTo this point I have already alluded as illustrated in\\nour state governments.^\\nThe Constitution made no specific provisions for\\nthe creation of executive departments, but left the\\nExecutive matter to Congress. At the beginning of\\ndepartments. ^^a^sl^i^g^;QJ^ s administration three secreta-\\nryships were created, those of state, treasury, and\\nwar and an attorney-general was aj)pointed. After-\\nward the department of the navy was separated from\\nthat of war, the postmaster-general was made a mem-\\nber of the administration, and as lately as 1849 the\\ndepartment of the interior was organized. The heads\\nof these departments are the president s advisers, but\\nthey have as a body no recognized legal existence or\\nauthority. They hold their meetings in a room at the\\npresident s executive mansion, the White House, but\\nno record is kept of their proceedings and the presi-\\ndent is not bound to heed their advice. This body\\nhas always been called the Cabinet, after the Eng-\\nlish usage. It is like the English cabinet in being\\ncomposed of heads of executive departments\\nThe cabinet.\\nand m being, as a body, unknown to the\\nlaw in other respects the difference is very great.\\nThe English cabinet is the executive committee of\\nthe House of Commons, and exercises a guiding and\\nThe English method, however, would probably not work well\\nin this country, and might prove to be a source of great and\\neomplicated dangers. See above, p. 169.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0274.jp2"}, "275": {"fulltext": "THE FEDERAL EXECUTIVE. 237\\ndirecting influence upon legislation. The position of\\nthe president is not at all like tliat of the prime min-\\nister it is more like that of the English sovereign,\\nthough the latter has not nearly so much power as the\\npresident and the American cabinet in sotne respects\\nresembles the English privy council, though it cannot\\nm^-ke ordinances.\\nThe secretary of state ranks first among our calj-\\ninet officers. He is often called our prime minister\\nor premier, but there could not be a more absurd\\nuse of language. In order to make an American per-\\nsonage corresponding to the English prime minister\\nwe must first go to the House of Kepresentatives, take\\nits committee of ways and means and its\\ncommittee on appropriations, and unite them tary\\ninto one committee of finance then we must\\ntake the chairman of this committee, give him the\\npower of dissolving the House and ordering a new\\nelection, and make him master of all the executive\\ndepartments, while at the same time we strip from the\\npresident all real control over the administration.\\nThis exalted finance-chairman would be much like the\\nFirst Lord of the Treasury, commonly called the\\nprime minister. This illustration shows how wide the\\ndivergence has become between our system and that\\nof Great Britain.\\nOur secretary of state is our minister of foreign\\naffairs, and is the only officer who is authorized to\\ncommunicate with other governments in the name of\\nthe president. He is at the head of t^e dijdomatic\\nand consular service, issuing the instructions to our\\nministers abroad, and he takes a leading part in the\\nnegotiation of treaties. To these ministerial duties\\nhe adds some that are more characteristic of his title\\nof secretary. He keeps the national archives, and", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0275.jp2"}, "276": {"fulltext": "238 THE FEDERAL UNION.\\nsuperintends the publication of laws, treaties, and\\nproclamations and lie is the keeper of the great seal\\nof the United States.\\nOur foreign relations are cared for in foreign coun-\\ntries by two distinct classes of officials ministers and\\nconsuls. The former represent the United States gov-\\nernment in a diplomatic capacity; the latter have\\nnothing to do with diplomacy or politics, but look\\nafter our commercial interests in foreign\\nDiplomatic n\\nand consular countries. Cousuls cxercisc a protective\\nservice.\\ncare over seamen, and perform various duties\\nfor Americans abroad. They can take testimony and\\nadminister estates. In some non-Christian countries,\\nsuch as China, Japan, and Turkey, they have juris-\\ndiction over criminal cases in which Americans are\\nconcerned. Formerly our ministers abroad were of only\\nthree grades (1) envoys extraordinary and min-\\nisters plenipotentiary (2) ministers resident\\n(3) charges d affaires. The first two are accredited\\nby the president to the head of government of the\\ncountries to which they are sent the third are accred-\\nited by the secretary of state to the minister of foreign\\naffairs in the countries to which they are sent. We\\nstill retain these grades, which correspond to the\\nlower grades of the diplomatic service in European\\ncountries. Until lately we had no highest grade\\nanswering to that of ambassador, perhaps because\\nwhen our diplomatic service was organized the\\nUnited States did not yet rank among first-rate\\npowers, and could not expect to receive ambassadors.\\nGreat powers, like France and Germany, send ambas-\\nsadors to each other, and envoys to inferior powers,\\nlike Denmark or Greece or Guatemala. When we\\nsend envoys to the great powers, we rank ourselves\\nalong witli inferior powers and diplomatic etiquette\\nas a rule obliges the great poy^ers to send to us the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0276.jp2"}, "277": {"fulltext": "THE FEDERAL EXECUTIVE. 239\\nsame grade of minister that we send to them. There\\nwere found to be some practical inconveniences about\\nthis, so that in 1892 the highest grade was adopted\\nand bur ministers to Great Britain and France were\\nmade ambassadors.\\nThe cabinet officer second in rank and in some\\nrespects first in importance is the secretary of the treas-\\nury. He conducts the financial business of the gov-\\nernment, superintends the collection of reve-\\nThs SGcr6-\\nnue, and gives warrants for the payment of tary of the\\nmoneys from the treasury. He also superin-\\ntends the coinage, the national banks, the custom-\\nhouses, the coast-survey and lighthouse system, the\\nmarine hospitals, and life-saving service.-^ He sends\\nreports to Congress, and suggests such measures as\\nseem good to him. Since the Civil War his mosi;\\nweighty business has been the management of the\\nnational debt. He is aided by two assistant secreta-\\nries, six auditors, a register, a comptroller, a solicitor,\\na director of the mint, commissioner of internal rev-\\nenue, chiefs of the bureau of statistics and bureau of\\nengraving and printing, etc. The business of the\\ntreasury department is enormous, and no part of our\\ngovernment has been more faithfully administered.\\nSince 1789 the treasury has disbursed more than seven\\nbiUions of dollars without one serious defalcation.\\nNo man directly interested in trade or commerce can\\nbe appointed secretary of the treasury, and the de-\\npartment has almost always been managed by men\\nof small incomes bred either to politics or the legal\\nprofession.\\nMany of these details concerning the execiitive departments\\nare admirably summarized, and with more fulhiess than com-\\nports with the design of the present work, in Thorpe s Govern-\\nment, of the People of the United States, pp. 183-193.\\nSchouler, Hist, of the U. S., vol. i. p. 9iS.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0277.jp2"}, "278": {"fulltext": "240 THE FEDERAL UNION.\\nTlic war and navy departments need no special\\ndescription liere. The former is divided into ten and\\nWar and latter into eight bureaus. The naval\\nnavy. do] ;ivtnient, among many duties, has charge\\nof the naval observatory at Washington and pubbshes\\nthe nautical almanac.\\nThe department of the interior conducts a vast and\\nvarious business, as is shown by the designations of\\nits eight bureaus, which deal witli public\\nlands, Indian affairs, pensions, patents,\\neducation (chiefly in the way of gathering statistics\\nand reporting upon school affairs), agriculture, public\\ndocuments, and the census. In 1889 the bureau of\\nagriculture was oi gani/.ed as a separate department.\\nThe weather bureau forms a branch of the depart-\\nment of agriculture.\\nThe departments of the postmaster -general and\\nattorney-general need no special descrii)tion. The\\nPostmaster- hotter was Organized ir. 1870 into the depart-\\nKwjT^ ment of justice. The attorney-general is the\\nRwienu. president s legal adviser, and represents the\\nUnited States in all law-suits to which the United\\nStates is a party. lie is aided by a solicitoi -geu-\\noral and otlier subordinate offices.\\nQUESTIONS ON THK TKXT.\\n1. Speak (I of tho prosidont s share in logislation. (*2) of bis\\nrelation to tlio oxooutivo dopiutinent, and (3) of the oriijin\\nof his titlo.\\n2. The electoral eolloge\\na. The method of electing the president a perplexing qnos-\\ntioii.\\nh. The constitution of the electoral college, with illustrations\\nc. Qualiticutions for serving as an elector.\\nd. The method of choosing electors.\\nno of choosing electors.\\n\u00e2\u0080\u00a2iif ro the electors vote.\\ni d disposition of the certificates of their", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0278.jp2"}, "279": {"fulltext": "THE FEDERAL EXECUTIVE. 241\\nh. The declaration of the result.\\n3. What was the method of voting in the electoral college be-\\nfore 1804 Illustrate the working of this method in\\n1796 and 1800.\\n4. The amendment of 1804\\na. The ballots of the electors.\\nh. The duty of the House if no candidate for the presidency\\nreceives a majority of the electoral votes.\\nc. The duty of the Senate if no candidate for the vice-pres-\\nidency receives a majority of the electoral votes.\\nd. Illustrations of the working of this amendment in 18iJ5\\nand 1837.\\n5. The electoral commission of 1877\\na. A difficulty not foreseen.\\nb. Conflicting returns in 1877.\\nc. The plan of arbitration adopted.\\n6. The presidential succession\\na. The office of vice-president.\\nh. The act of 1791.\\nc. The possibility of a lapse of the presidency.\\nd. The possibility of an unfair political overthrow.\\ne. The act of 1886.\\n7. Compare the original purpose of the electoral college with\\nthe fulfillment of that purpose.\\n8. Explain the transition from a divided electoral vote in a state\\nto a solid electoral vote.\\n9. Show how a minority of the people may elect a president.\\nWho have been elected by minorities\\n10. What is the advantage of the electoral system over a direct\\npopular vote\\n11. Methods of nominating candidates for the presidency and\\nvice-presidency before 1832\\na. The absence of constitutional and legislative requirements.\\nb. Presidents not nominated.\\nc. Nominations by congressional caucuses.\\nd. Nominations by state legislatures.\\ne. Nominations by local conventions.\\n1 2. Nominations by national conventions in 1832 and since\\na. The nature of Jj national convention.\\nb. The platform.\\nc. The number of delegates from a state, and their elec-\\ntion.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0279.jp2"}, "280": {"fulltext": "242 THE FEDERAL UNION.\\nd. The relation of the primaries to district, state, and\\nnational conventions.\\ne. The nature of the primary.\\nf. Its two duties.\\ng. The duty of the voter to attend the primaries.\\n13. The presidency\\na. Qualifications for the office.\\nh. The term of office.\\n14. Powers and duties of the president\\na. As a commander-in-chief.\\nh. In respect to reprieves and pardons.\\nc. In respect to treaties with foreign powers.\\nd. In respect to the appointment of federal officers,\\ne. In respect to summoning and adjourning Congress.\\nf. In respect to reporting the state of affairs in the country\\nto Congress.\\n15. The president s message\\na. The course of Washington and Adams.\\nb. The example of Jefferson.\\nc. The effectiveness of the message.\\nd. Power and responsibility in the English system.\\ne. Power and responsibility in the American system.\\n1 6. Executive departments\\na. The departments under AVashington.\\nh. Later additions to the departments.\\nc. The Cabinet.\\nd. The resemblance between the English cabinet and our\\nown.\\ne. The difference between the English cabinet and our own.\\n1 7. The secretary of state\\na. Is he a prime minister\\nb. What would be necessary to make an American personage\\ncorrespond to an English prime minister\\nc. What are the ministerial duties of the secretary of state\\nd. What other duties has he more characteristic of his title T\\n1 8. Our diplomatic and consular service\\na. The distinction between ministers and consuls.\\nh. Three grades of ministers.\\nc. The persons to whom the three grades are accredited.\\nd. The grade of ambassador.\\n19. The secretary of the treasury:\\na. His rank and importance.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0280.jp2"}, "281": {"fulltext": "THE NATION AND THE STATES. 243\\nh. His various duties.\\nc. His chief assistants.\\nd. The administration of the treasury department since 1789.\\n20. The duties of the remaining cabinet officers\\na. Of the secretary of war.\\nh. Of the secretary of the navy.\\nc. Of the secretary of the interior.\\nd. Of the postmaster-general.\\ne. Of the attorney-general.\\n4. The Nation and the States.\\nWe have left our Federal Convention sitting a good\\nwhile at Philadelphia, while we have thus undertaken\\nto give a coherent account of our national executive\\norganization, which has in great part grown up since\\n1789 with the growth of the nation. Observe how\\nwisely the Constitution confines itself to a clear sketch\\nof fundamentals, and leaves as much as possible to\\nbe developed by circumstances. In this feature lies\\npartly the flexible strength, the adaptableness, of our\\nFederal Constitution. That strength lies partly also\\nin the excellent partition of powers between the fed-\\neral government and the several states.\\nWe have already remarked upon the vastness of\\nthe functions retained by the states. At the same\\ntime the powers granted to Congress have proved\\nsufficient to bind the states together into a union that\\nis more than a mere confederation. From\\n^\u00e2\u0080\u0094rrn ^rTDrv i tt t ci Difference\\n177b to 17 oy the United otates were a con- between con-\\nfederation\\nfederation; after 1789 it was a federal na- and federal\\ntion. The passage from plural to singular\\nwas accomplished, although it took some people a\\ngood while to realize the fact. The German language\\nhas a neat way of distinguishing between a loose con-\\nfederation and a federal union. It calls the former a\\nStaatenhund and the latter a Bundesstaat. So in", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0281.jp2"}, "282": {"fulltext": "244 THE FEDERAL UNION.\\nEnglish, if we liked, we might call the confederation\\na Band-of- States and the federal union a Banded-\\nState. There are two points especially in our Con-\\nstitution which transformed our country from a Band-\\nof-States into a Banded-State.\\nThe first was the creation of a federal House of\\nRepresentatives, thus securing for Congress the power\\nto lay and collect taxes, duties, imposts, and excises,\\nto pay the debts and provide for the common welfare\\nof the United States. Other powers are\\nPowers\\ngranted to naturallv attached to this, such as the\\nCongress. t p i\\npower to borrow money on the credit oi the\\nUnited States to regulate foreign and domestic com-\\nmerce to coin money and fix the standard of weights\\nand measures to provide for the punishment of\\ncounterfeiters to establish post-offices and post-roads\\nto issue copyrights and patents to define and pun-\\nish felonies committed on the high seas, and offences\\nagainst the law of nations to declare war, grant let-\\nters of marque and reprisal, and make rules concern-\\ning captures on land and water to raise and sup-\\nport an army and navy, and to make rules for the\\nregulation of the land and naval forces to provide for\\ncalling out the militia to suppress insurrections and\\nrepel invasions, and to command this militia while\\nactually employed in the service of the United States.\\nThe several states, however, train their own militia\\nand appoint the officers. Congress may also establish\\na uniform rule of naturalization, and uniform laws on\\nthe subject of bankruptcies. It also exercises exclu-\\nsive control over the District of Columbia,^ as the\\nseat of the national government, and over forts, maga-\\nzines, arsenals, dockyards, and other needful build-\\nings, which it erects within the several states upon\\nCeded to the United States by Maryland and Virginia.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0282.jp2"}, "283": {"fulltext": "THE NATION AND THE STATES. 245\\nland purchased for such purposes with the consent of\\nthe state legislature.\\nCongress is also empowered to make all laws\\nwhich shall be necessary and proper for carrying into\\nexecution the foregoing powers and all other powers\\nvested by this Constitution in the govern- The Elastic\\nment. of the United States, or in any depart- c^^\\nment or of ce thereof. This may be called the\\nElastic Clause of the Constitution it has undergone\\na good deal of stretching for one purpose and another,\\nand, as we shall presently see, it was a profound dis-\\nagreement in the interpretation of this clause that\\nafter 1789 divided the American people into two great\\npolitical parties.\\nV The national authority of Congress is further\\nsliarply defined by the express denial of sundry pow-\\ners to the several states. These we have al-\\nPowers de-\\nready enumerated.^ There was an especial nied to the\\nstates.\\nreason for prohibiting the states from issu-\\ning bills of credit, or making anything but gold and\\nsilver coin a tender in payment of debts. During the\\nyears 1785 and 1786 a paper money craze ran through\\nthe country most of the states issued paper notes,\\nand passed laws obliging their citizens to receive them\\nin payment of debts. Now a paper doUar is not\\nmoney, it is only the government s promise to pay a\\ndollar. As long as you can send it to the treasury\\nand get a gold dollar in exchange, it is worth a dollar.\\nIt is this exchangeableness that makes it paper cur-\\nworth a doUar. When government makes\\nthe paper dollar note a legal tender, i. e., when it\\nrefuses to give you the gold dollar and makes you\\ntake its note instead, the note soon ceases to be worth\\na dollar. You would rather have the gold than the\\nSee above, p. 175.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0283.jp2"}, "284": {"fulltext": "246 THE FEDERAL UNION.\\nnote, for the mere fact that government refuses to give\\nthe gold shows that it is in financial difficulties. So\\nthe note s value is sure to fall, and if the government\\nis in serious difficulty, it falls very far, and as it falls\\nit takes more of it to buy things. Prices go up. There\\nwas a time (1864) during our Civil War when a pa-\\nper dollar was worth only forty cents and a barrel of\\nflour cost $23. But that was nothing to the year\\n1780, when the paper dollar issued by the Continental\\nCongress was worth only a mill, and flour was sold in\\nBoston for $1,575 a barrel When the different\\nstates tried to make paper money, it made confusion\\nworse confounded, for the states refused to take each\\nother s money, and this helped to lower its value. In\\nsome states the value of the paper dollar fell in less\\nthan a year to twelve or fifteen cents. At such times\\nthere is always great demoralization and suffering,\\nespecially among the poorer people and with all the\\nexperience of the past to teach us, it may now be held\\nto be little less than a criminal act for a government\\nunder any circumstances, to make its paper notes a\\nlegal tender. The excuse for the Continental Con-\\ngress was that it was not completely a government\\nand seemed to have no alternative, but there is no\\ndoubt that the paper currency damaged the country\\nmuch more than the arms of the enemy by land or\\nsea. The feeling was so strong about it in the\\nFederal Convention that the prohibition came near\\nbeing extended to the national government, but the\\nquestion was unfortunately left undecided.^\\nSome express prohibitions were laid upon the\\nnational government. Duties may be laid upon im-\\nports but not upon exports this wise restriction was\\nSee my Critical Period of American History, pp. 168-18Q\\n273-276.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0284.jp2"}, "285": {"fulltext": "THE NATION AND THE STATES. 247\\na special concession to South Carolina, which feared\\nthe effect of an export duty upon rice and _\\nPowers de-\\nindisfo. Duties and excises must be uni- niedtocon\\no gress.\\nform throughout the country, and no com-\\nmercial preference can be shown to one state ovei\\nanother absolute free trade is the rule between the\\nstates. A census must be taken every ten years in\\norder to adjust the representation, and no direct tax\\ncan be imposed except according to the census. No\\nmoney can be drawn from the treasury except in\\nconsequence of appropriations made by law, and\\naccounts must be regularly kept and published. The\\nprivilege of the writ of habeas corpus cannot be sus-\\npended except when, in case of rebellion or invasion,\\nthe public safety may require it and no bill of at-\\ntainder, or ex post facto law, can be passed. A bill\\nof attainder is a special legislative act by Buisof at-\\nwhich a person may be condemned to death,\\nor to outlawry and banishment, without the opportu-\\nnity of defending himself which he would have in a\\ncourt of law. No evidence is necessarily adduced to\\nsupport it, 1 and in former times, especially in the\\nreign of Henry VIII., it was a formidable engine for\\nperpetrating judicial murders. Bills of attainder long\\nago ceased to be employed in England, and the pro-\\ncess was abolished by statute in 1870.\\nNo title of nobility can be granted by the United\\nStates, and no federal officer can accept a present,\\noffice, or title from a foreign state without the consent\\nof Congress. No religious test shall ever be re-\\nquired as a qualification to any office or public trust\\nunder the United States. Full faith and credit\\nmust be given in each state to the public acts and\\nrecords, and to the judicial proceedings of every other\\n1 Taswell-Langniead, English Constitutional History, p. 385.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0285.jp2"}, "286": {"fulltext": "248 THE FEDERAL UNION.\\nstate; and it is left for Congress to determme the\\nintercitizen- in^nner in wliicli such acts and proceedings\\nP shall be proved or certified. The citizens of\\neach state are entitled to all privileges and immuni-\\nties of citizens in the several states. There is mutual\\nextradition of criminals, and, as a concession to the\\nsouthern states it was provided that fugitive slaves\\nshould be surrendered to their masters. The United\\nStates guarantees to every state a republican form of\\ngovernment, it protects each state against invasion;\\nand on application from the legislature of a state, or\\nfrom the executive when the legislature cannot be\\nconvened, it lends a hand in suppressing insurrection.\\nAmendments to the Constitution may at any time\\nbe proposed in pursuance of a two thirds vote in both\\nhouses of Congress, or by a convention called at the\\nrequest of the legislatures of two thirds of the states.\\nMode of The amendments are not in force until rati-\\n^e^^? fied by three fourths of the states, either\\nments. through their legislatures or through special\\nconventions, according to the preference of Congress.\\nThis makes it difficult to change the Constitution, as\\nit ought to be but it leaves it possible to introduce\\nchanges that are very obviously desirable. The\\nArticles of Confederation could not be amended ex-\\ncept by a unanimous vote of the states, and this made\\ntheir amendment almost impossible.\\nAfter assuming all debts contracted and engage-\\nments made by the United States before its adoption,\\nthe Constitution goes on to declare itself the supreme\\nlaw of the land. By it, and by the laws and treaties\\nmade under it, the judges in every state are bound,\\nin spite of anything contrary in the constitution or\\nlaws of any state.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0286.jp2"}, "287": {"fulltext": "THE NATION AND THE STATICS. 249\\nQUESTIONS ON THE TEXT.\\n1 In what two features of the Constitution does its strength\\nlargely lie\\n2. Distinguish between the United States as a confederation\\nand the United States as a federal union. How does the\\nGerman language bring out the distinction\\n3. What was the first important factor in transforming our\\ncountry from a Band-of-States to a Banded-State\\n4. The powers granted to Congress\\na. Over taxes, money, and commerce.\\nh. Over postal affairs, and the rights of inventors and au-\\nthors.\\nc. Over certain crimes.\\nd. Over war and military matters.\\ne. Over naturalization and bankruptcy.\\nOver the District of Columbia and other places,\\ng. The elastic clause and its interpretation.\\n5. The powers denied to the states\\na. An enumeration of these powers (p. 175).\\nb. The prohibition of bills of credit, in particular.\\nc. The paper money craze of 1785 and 1786.\\nd. Paper money as a legal tender.\\ne. The depreciation of paper money during the Civil War.\\nThe depreciation of the Continental currency in 1780.\\ng. The demoralization caused by the states making paper\\nmoney.\\nh. The lesson of experience.\\n6. Prohibitions upon the national government\\na. The imposition of duties and taxes.\\nb. The payment of money.\\nc. The writ of habeas corpus.\\nd. Ex post facto laws.\\ne. Bills of attainder.\\nTitles and presents.\\n7. Duties of the states to one another\\na. In respect to public acts and records, and judicial pro-\\nceedings.\\nb. In respect to the privileges of citizens.\\nc. In respect to fugitives from justice.\\n8. What is the duty of the United States co every state in\\nrespect (1) to form of government, (2) invasion, and (3j\\ninsurrection", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0287.jp2"}, "288": {"fulltext": "250 THE FEDERAL UNION.\\n9. Amendments to the Constitution\\na. Two methods of proposing amendments.\\nh. Two methods of ratifying amendments.\\nc. The difficulty of making amendments.\\nd. Amendment of the Articles of Confederation.\\n10. What is meant by the Constitution s declaring itself the\\nsupreme law of the land\\n5. The Federal Judiciary.\\nThe creation of a federal judiciary was the second\\nprincipal feature in the Constitution, which trans-\\nformed our country from a loose confederation into a\\nfederal nation, from a Band-of- States into a Banded-\\nState. We have seen that the American people were\\nalready somewhat familiar with the method of testing\\nthe constitutionality of a law by ffettin^ the\\nNeed for a tip 1 x i\\nfederal judi- matter Droufflit bciore the courts.^ In the\\ncase of a conflict between state law and\\nfederal law, the only practicable peaceful solution is\\nthat which is reached through a judicial decision.\\nThe federal authority also needs the machinery of\\ncourts in order to enforce its own decrees.\\nThe federal judiciary consists of a supreme court,\\ncircuit courts, and district courts.^ At present the\\nsupreme court consists of a chief justice and eight\\nassociate justices. It holds annual sessions in the city\\nof Washington, beginning on the second Monday of\\nOctober. Each of these nine judges is also\\ncourts and presiding judge of a circuit court. The area\\nof the United States, not including the terri-\\ntories, is divided into nine circuits, and in each circuit\\nthe presiding judge is assisted by special circuit judges.\\nThe circuits are divided into districts, fifty-six in all,\\nand in each of these there is a special district judge.\\nThe districts never cross state lines. Sometimes a\\nSee above p. 194. See the second note on p. 278.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0288.jp2"}, "289": {"fulltext": "THE FEDERAL JUDICIARY. 251\\nstate is one district, but populous states with much\\nbusiness are divided into two or even three districts.\\nThe circuit courts sit in the several districts of each\\ncircuit successively, and the law requires that each jus-\\ntice of the supreme court shall sit in each district of\\nhis circuit at least once every two years. District\\njudges are not confined to their own districts they\\nmay upon occasion exchange districts as ministers ex-\\nchange pulpits. A district judge may, if need be, act\\nas a circuit judge, as a major may command a regi-\\nment. All federal judges are appointed by the presi-\\ndent, with the consent of the Senate, to serve during\\ngood behaviour. Each district has its district attor-\\nney, whose business is to prosecute offenders\\n1P111 T 1 District at-\\nagamst the federal laws and to conduct civil tomeys and\\nmarshals.\\ncases m which the national government is\\neither plaintiff or defendant. Each district has also\\nits marshal, who has the same functions under the\\nfederal court as the sheriff under the state court. The\\nprocedure of the federal court usually follows that of\\nthe courts of the state in which it is sitting.\\nThe federal jurisdiction covers two classes of cases\\n(1) those which come before it because of the nature\\nof the questions involved for instance, admiralty and\\nmaritime cases, navigable waters being within the\\nexclusive jurisdiction of the federal author- ^he federal\\nities, and cases arising out of the Constitu- i sdi on.\\ntion, laws, or treaties of the United States or out of\\nconflicting grants made by different states (2) those\\nwhich come before it because of the nature of the\\nparties to the suit, such as cases affecting the min-\\nisters of foreign powers or suits between citizens of\\ndifferent states.\\nSee Wilson, The State, p. 554. I have closely followed,\\nthough with much abridgment, the excellent description of our\\nfederal judiciary, pp. 555-561.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0289.jp2"}, "290": {"fulltext": "252 THE FEDERAL UNION.\\nThe division of jurisdiction between the upper and\\nlower federal courts is determined chiefly hy the size\\nand importance of the cases. In cases where a state\\nor a foreign minister is a party the supreme court has\\noriginal jurisdiction, in other cases it has appellate\\njurisdiction, and any case which involves the inter-\\npretation of the Constitution can be taken to the su-\\npreme court, however small the sum in. dispute. If a\\nlaw of any state or of the United States is decided\\nby the supreme court to be in violation of the Consti-\\ntution, it instantly becomes void and of no effect.\\nIn this supreme exercise of jurisdiction, our highest\\nfederal tribunal is unlike any other tribunal known\\nto history. The supreme court is the most original of\\nall American institutions. It is peculiarly American,\\nand for its exalted character and priceless services it is\\nan institution of which Americans may well be proud.\\nQUESTIONS ON THE TEXT.\\n1 What was the second important factor (see p. 244 for the\\nfirst) in transforming our country from a Band-of-States\\nto a Banded-State\\n2. Why was- a federal judiciary deemed necessary\\n3. The organization of the federal judiciary\\na. The supreme court and its sessions.\\nb. The circuit courts.\\nc. The district courts.\\nd. Exchanges of service.\\ne. Appointment of judges.\\nThe United States district attorney.\\ng. The United States marshal.\\n4. The jurisdiction of the federal courts\\na. Cases because of the nature of the questions involved.\\nh. Cases because of the nature of tlie parties to the suit.\\nc. The division of jurisdiction between the upper and the\\nlower courts.\\nd. Wherein the supreme court is the most original of Amer\\nicau institutions.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0290.jp2"}, "291": {"fulltext": "TERRITORIAL GOVERNMENT. 253\\n6, Territorial Government.\\nThe Constitution provided for the admission of new\\nstates to the Union, but it does not allow a state to\\nbe formed within another state. A state cannot be\\nformed by the junction of two or more states, or parts\\nof states, without the consent of the legislatures of the\\nstates concerned as well as of the Congress. Shortly\\nbefore the making of the Constitution, the United\\nStates had been endowed for the first time\\n1 ITT rm 1 North-\\nwith a public domain, ihe territory north- westTem-\\nwest of the Ohio River had been claimed, on\\nthe strength of old grants and charters, by Massachu-\\nsetts, Connecticut, New York, and Virginia. In 1777\\nMaryland refused to sign the Articles of Confedera-\\ntion until these states should agree to cede their claims\\nto the United States, and thus in 1784 the federal\\ngovernment came into possession of a magnificent ter-\\nritory, out of which five great states Ohio, Indiana,\\nIllinois, Michigan, and Wisconsin have since been\\nmade. While the Federal Convention was sitting at\\nPhiladelphia, the Continental Congress at New York\\nwas doing almost its last and one of its greatest pieces\\nof work in framing the Ordinance of 1787 for the\\norganization and government of this newly acquired\\nterritory. The ordinance created a territo-\\nThe Ordi-\\nnal government with governor and two- nance of\\nchambered legislature, courts, magistrates,\\nand militia. Complete civil and religious liberty was\\nguaranteed, negro slavery was prohibited, and pro-\\nvision was made for free schools.^\\nIn 1803 the enormous territory known as Louisiana,\\ncomprising everything (except Texas) between the\\nThe manner in which provision should be made for these\\nschools had been pointed out two years before in the land- ordi-\\nnance of 1785, as heretofore explained. See above, p. 86.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0291.jp2"}, "292": {"fulltext": "254 THE FEDERAL UNION.\\nMississippi River and the crest of the Rocky Moun-\\ntains, was purchased from France. A claim upon the\\nOregon territory was soon afterward made by discov-\\nery and exploration, and finally settled in 1846 by\\ntreaty with Great Britain. In 1848 by conquest and\\nin 1853 by purchase the remaining Pacific lands were\\nacquired from Mexico. All of this vast region has\\nbeen at some time under territorial government. As\\nother terri- ^^r Tcxas, ou the other hand, it has never\\ntheh-^gov- ^een a territory. Texas revolted from Mex-\\nernment. ^q |jj 1836 and remained an independent\\nstate until 1845, when it was admitted to the Union.\\nTerritorial government has generally passed through\\nthree stages first, there are governors and judges\\nappointed by the president; then as population in-\\ncreases, there is added a legislature chosen by the\\npeople and empowered to make laws subject to con-\\nfirmation by Congress finally, entire legislative inde-\\npendence is granted. The territory is then ripe for\\nadmission to the Union as a state.\\nQUESTIONS ON THE TEXT.\\n1. What is the constitutional provision for admitting new\\nstates\\n2. What states claimed the territory northwest of the Ohio\\nriver On what did they base their claims\\n3. Why was this territory ceded to the general government\\n4. What states have since been made out of this territory\\n5. What was the Ordinance of 1787\\n6. What were the principal provisions of this ordinance\\n7. Give an account of the Louisiana purchase\\nS. Give an account of the acquisition of the Oregon territory.\\n9. Give an account of the acquisition of the remaining Pacific\\nlands.\\nI o. How came Texas to belong to the United States\\n11. How much of the public domain has been at some time\\nunder territorial government\\n12. Through what three stages has territorial government usually\\npassed", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0292.jp2"}, "293": {"fulltext": "RATIFICATION AND AMENDMENTS. 255\\n7. Ratification and Amendments.\\nThus the work of the Ordinance of 1787 was in\\na certain sense supplementary to the work of framing\\nthe Constitution. When the latter instrument was\\ncompleted, it was provided that the ratifications of\\nthe conventions of nine states shall be sufficient for\\nthe establishment of this Constitution between the\\nstates so ratifying the same. The Constitution was\\nthen laid before the Continental Congress, which sub-\\nmitted it to the states. In one state after another,\\nconventions were held, and at length the Constitution\\nwas ratified. There was much opposition to it, because\\nit seemed to create a strange and untried form of gov-\\nernment which might develop into a tyranny. There\\nwas a fear that the federal power might crush out self-\\ngovernment in the states. This dread was felt in all\\nparts of the country. Besides this, there was some sec-\\ntional opposition between North and South,\\n-fT p Concessions\\nand m V irginia there was a party m favour to the\\nof a separate southern confederacy. But\\nSouth Carolina and Georgia were won over by the con-\\ncessions in the Constitution to slavery, and especially\\na provision that the importation of slaves from Africa\\nshould not be prohibited until 1808. By winning\\nSouth Carolina and Georgia the formation of a solid\\nSouth was prevented.\\nThe first states to adopt the Constitution were Dela-\\nware, Pennsylvania, New Jersey, Georgia, and Con-\\nnecticut, with slight opposition, except in Pennsylvania.\\nNext came Massachusetts, where the convention was\\nvery large, the discussion very long, and the\\naction in one sense critical. One chief Rights pro-\\nsource of dissatisfaction was the absence of\\na sufficiently explicit Bill of Rights, and to meet this", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0293.jp2"}, "294": {"fulltext": "256 THE FEDERAL UNION.\\ndifficulty, Massachusetts ratified the Constitution, but\\nproposed amendments, and this course was followed\\nby other states. Maryland and South Carolina came\\nnext, and New Hampshire made the ninth. Virginia\\nand New York then ratified by very narrow majorities\\nand after prolonged discussion. North Carolina did\\nnot come in until 1789, and Rhode Island not until\\n1790.\\nIn September, 1789, the first ten amendments were\\nproposed by Congress, and in December, 1791, they\\nwere declared in force. Their provisions are similar\\nto those of the English Bill of Rights, enacted in\\n1689,^ but are much more full and explicit,\\namend- Tlicy providc for freedom of speech and of\\nthe press, the tree exercise of religion, the\\nright of the people to assemble and petition Congress\\nfor a redress of grievances, their right to bear arms,\\nand to be secure against unreasonable searches and\\nseizures. The quartering of soldiers is guarded, gen-\\neral search-warrants are prohibited, jury trial is guar-\\nanteed, and the taking of private property for public\\nuse without due compensation, as well as excessive\\nfines and bail and the infliction of cruel and unusual\\npunishment are forbidden. Congress is prohibited\\nfrom establishing any form of religion.\\nFinally, it is declared that the enumeration of cer-\\ntain rights shall not be construed to deny or disparage\\nothers retained by the people, and that the powers\\nnot granted to the United States by the Constitution,\\nnor prohibited by it to the states, are reserved to the\\nstates respectively, or to the people.\\nSee above, p. 190. This is further ehicidated in Appeu-\\ndixes B and D.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0294.jp2"}, "295": {"fulltext": "A FEW WORDS ABOUT POLITICS. 257\\nQUESTIONS ON THE TEXT.\\n1 What provision did the Constitution make for its own ratifi-\\ncation\\n2. What was the general method of ratification in the states\\n3. On what general grounds did the opposition to the Constitu-\\ntion seem to be based\\n4. By what feature in the Constitution was the support of South\\nCarolina and Georgia assured Why was this support\\ndeemed peculiarly desirable\\n5. What five states ratified the Constitution with lii;tle or no\\nopposition\\n6. What was the objection of Massachusetts and some other\\nstates to the Constitution What course, therefore, did\\nthey adopt\\n7. What three states after Massachusetts by their ratification\\nmade the adoption of the Constitution secure\\n8. What four states subsequently gave in their support\\n9. Give an account of the adoption of the first ten amend-\\nments.\\n10. For what do these amendments provide\\n1 1 What powers are reserved to the states\\n8. Few Words about Politics.\\nA chief source of tlie opposition to the new federal\\ngovernment was the dread of federal taxation. People\\nwho found it hard to pay their town, county, Federal\\nand state taxes felt that it would be ruinous 0\\nto have to pay still another kind of tax. In the mere\\nfact of federal taxation, therefore, they were inclined\\nto see tyranny. With people in such a mood it was\\nnecessary to proceed cautiously in devising measures\\nof federal taxation.\\nThis was well understood by our first secretary of\\nthe treasury, Alexander Hamilton, and in the course\\nof his administration of the treasury he was once\\nroughly reminded of it. The two methods of federal\\ntaxation adopted at his suggestion were duties on im-\\nports and excise on a few domestic products, such as", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0295.jp2"}, "296": {"fulltext": "258 THE FEDERAL UNION.\\nwhiskey and tobacco. The excise, being a tax which\\npeople could see and feel, was very unpopu-\\nlar, and in 1794 the opposition to it in\\nwestern Pennsylvania grew into the famous Whiskey\\nInsurrection, against which President Washington\\nthought it prudent to send an army of 16,000 men,\\nas many as he had commanded at Yorktown when he\\ncaptured the army of Lord Cornwallis. This formid-\\nable display of federal power suppressed the insurrec-\\ntion without bloodshed.\\nNowhere was there any such violent opposition to\\nHamilton s scheme of custom-house duties on imported\\ngoods. This is a very easy method of taxation, some-\\ntimes perhaps too easy. It is indirect taxation. The\\npeople do not flock to the custom-house and pay the\\nduty, but the importer pays it and then reimburses\\nhimself by adding the amount of the duty\\nTariff.\\nto the price of the goods on which he has\\npaid it. In this way vast sums of money can be taken\\nfrom people s pockets without their realizing it as\\nthey would realize a direct tax. When a tax is\\nwrapped up in the extra fifty cents paid to a merchant\\nfor a yard of foreign cloth, it is so effectually hidden\\nthat most people do not know it is there. Hence the\\ntariff has been our favourite device for obtaining a\\nnational revenue. During our Civil War the national\\ngovernment resorted to direct taxation, chiefly in the\\nform of revenue stamps, though it also put a tax upon\\nbilliard-tables, pianos, gold watches, and all sorts of\\nthings. But in ordinary times, when we think of our\\ntax-bill, we think of that which we pay to our town\\ncollector for town, county, and state purposes. To\\nthe national government we do not seem to be paying\\nanything, but we do pay a great deal. Direct taxa-\\ntion bears most heavily upon wealthy people, while the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0296.jp2"}, "297": {"fulltext": "A FEW WORDS ABOUT POLITICS. 259\\ntariff bears most heavily upon the poor; and, how-\\never it may be with very rich people, it is probable\\nthat persons of small or moderate means pay out much\\nlarger sums each year on account of the tariff than on\\naccount of their direct taxes.\\nHamilton s measures as secretary of the treasury\\nembodied an entire system of public policy, and the\\nopposition to them resulted in the formation of the\\ntwo political parties into which, under one name or\\nanother, the American people have at most origin of\\ntimes been divided. Hamilton s opponents, pouticaipar-\\nled by Jefferson, objected to his principal\\nmeasures that they assumed powers in the national\\ngovernment which were not granted to it by the Con-\\nstitution. Hamilton then fell back upon the Elastic\\nClause of the Constitution, and maintained that such\\npowers were implied in it. Jefferson held that this\\ndoctrine of implied powers stretched the Elastic\\nClause too far. He held that the Elastic Clause ought\\nto be construed strictly and narrowly Hamilton held\\nthat it ought to be construed loosely and liberally.\\nHence the names strict-eonstructionist and loose-\\nconstructionist, which mark perhaps the most pro-\\nfound and abiding antagonism in the history of\\nAmerican politics.\\nPractically all will admit that the Elastic Clause, if\\nconstrued strictly, ought not to be construed too\\nnarrowly and, if construed liberally, ought not to be\\nconstrued too loosely. Neither party has been con-\\nsistent in applying its principles, but in the main we\\ncan call Hamilton the founder of the Federalist party,\\nwhich has had for its successors the National Eepubli-\\ncans of 1828, the Whigs of 1833 to 1852, and the Re-\\npublicans of 1854 to the present time while we can call\\nArticle I., section viii., clause 18 see above, p. 245.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0297.jp2"}, "298": {"fulltext": "260 THE FEDERAL UNION.\\nJefferson the founder of the party which called itself\\nRepublican from about 1792 to about 1828, and since\\nthen has been known as the Democratic party. This\\nis rather a rough description in view of the real com-\\nplication of the historical facts, but it is an approxi-\\nmation to the truth.\\nIt is not my purpose here to give a sketch of the\\nhistory of American parties. Such a sketch, if given in\\ndue relative proportion, would double the size of this\\nlittle book, of which the main purpose is to treat of\\ncivil government in the United States with\\nTann, In-\\nternaiim- reference to its oricl ?^s. But it may here be\\nprovements,\\nand National said in general that the practical questions\\nwhich have divided the two great parties\\nhave been concerned with the powers of the national\\ngovernment as to (1) the Tariff (2) the making\\nof roads, improving rivers and harbours, etc., under\\nthe general head of Internal Improvements and (3)\\nthe establishment of a National Banh^ with the na-\\ntional government as partner holding shares in it and\\ntaking a leading part in the direction of its affairs.\\nOn the question of such a national bank the Demo-\\ncratic party achieved a complete and decisive victory\\nunder President Tyler. On the question of internal\\nimprovements the opposite party still holds the\\nground, but most of its details have been settled by\\nthe great development of the powers of private enter-\\nprise during the past sixty years, and it is not at\\npresent a burning question. The question of the\\ntariff, however, remains to-day as a burning ques-\\ntion, but it is no longer argued on grounds of con-\\nstitutional law, but on grounds of political economy.\\nHamilton s construction of the Elastic Clause has to\\nthis extent prevailed, and mainly for the reason that a\\nliberal construction of that clause was needed in order", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0298.jp2"}, "299": {"fulltext": "A FEW WORDS ABOUT POLITICS. 261\\nto give the national government enough, power to re-\\nstrict the spread of slavery and suppress the great\\nrebellion of which slavery was the exciting cause.\\nAnother political question, more important, if pos-\\nsible, than that of the Tariif, is to-day the question o\u00c2\u00a3\\nthe reform of the Civil Service; but it is civu service\\nnot avowedly made a party question. Twenty \u00c2\u00ae*\u00c2\u00b0i\u00e2\u0084\u00a2-\\nyears ago both parties laughed at it now both try to\\ntreat it with a show of respect and to render unto it\\nlip-homage and the control of the immediate political\\nfuture probably lies with the party which treats it\\nmost seriously. It is a question that was not distinctly\\nforeseen in the days of Hamilton and Jefferson, when\\nthe Constitution was made and adopted otherwise,\\none is inclined to believe, the framers of the Consti-\\ntution would have had something to say about it.\\nThe question as to the Civil Service arises from the\\nfact that the president has the power of appointing\\na vast number of petty officials, chiefly postmasters\\nand officials concerned with the collection of the fed-\\neral revenue. Such officials have properly nothing to\\ndo with politics they are simply the agents or clerks\\nor servants of the national government in conducting\\nits business and if the business of the national gov-\\nernment is to be managed on such ordinary principles\\nof prudence as prevail in the management of private\\nbusiness, such servants ought to be selected for per-\\nsonal merit and retained for life or during good be-\\nhaviour. It did not occur to our earlier presidents to\\nregard the management of the public business in any\\nother light than this.\\nBut as early as the beginning of the present cen-\\ntury a vicious system was growing up in New York\\nand Pennsylvania. In those states the appointive\\noffices came to be used as bribes or as rewards for", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0299.jp2"}, "300": {"fulltext": "262 THE FEDERAL UNION.\\npartisan services. By securing votes for a successful\\ncandidate, a man with little in his pocket and\\nOrigin of the t n T\\nspoils sys- nothing m particular to do could obtain some\\noffice with a comfortable salary. It would\\nbe given him as a reward, and some other man, per-\\nhaps more competent than himself, would have to be\\nturned out in order to make room for him. A more\\neffective method of driving good citizens out of poli-\\ntics could hardly be devised. It called to the front\\na large class of men of coarse moral fibre who greatly\\npreferred the excitement of speculating in politics to\\nearning an honest living by some ordinary humdrum\\nbusiness. The civil service of these states was se-\\nriously damaged in quality, politics degenerated into\\na wild scramble for offices, salaries were paid to men\\nwho did little or no public service in return, and thus\\nthe line which separates taxation from robbery was\\noften crossed.\\nAbout the same time there grew up an idea that\\nthere is something especially democratic, and there-\\nfore meritorious, about rotation in office. Govern-\\nRotation mcut officcs wcrc regarded as plums at which\\nin office. every one ought to be allowed a chance to\\ntake a bite. The way was prepared in 1820 by W. H.\\nCrawford, of Georgia, who succeeded in getting the law\\nenacted that limits the tenure of office for postmasters,\\nrevenue collectors, and other servants of the federal\\ngovernment to four years. The importance of this\\nmeasure was not understood, and it excited very little\\ndiscussion at the time. The next presidential election\\nwhich resulted in a change of party was that of Jack-\\nson in 1828, and then the methods of New York and\\nPennsylvania were applied on a national scale. Jack-\\nson cherished the absurd belief that the administration\\npf his predecessor Adams had been corrupt, and he", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0300.jp2"}, "301": {"fulltext": "A FEW WORDS ABOUT POLITICS. 263\\nturned men out of office with a keen zest. During\\nthe forty years between Washington s first inaugura-\\ntion and Jackson s the total number of removals from\\noffice was 74, and out of this number 5 were default-\\ners. During the first year of Jackson s administra-\\ntion the number of changes made in the The spoils\\ncivil service was about 2,000.i Such was ^adt ^a-\\nthe abrupt inauguration upon a national\\nscale of the so-called spoils system. The phrase\\noriginated with W. L. Marcy, of New York, who in\\na speech in the senate in 1831 declared that to the\\nvictors belong the spoils. The man who said this\\nof course did not realize that he was making one of\\nthe most shameful remarks recorded in history. There\\nwas, however, much aptness in his phrase, inasmuch\\nas it was a confession that the business of American\\npolitics was about to be conducted on principles fit\\nonly for the warfare of barbarians.\\nIn the canvass of 1840 the Whigs promised to re-\\nform the civil service, and the promise brought them\\nmany Democratic votes but after they had won the\\nelection, they followed Jackson s example. The\\nDemocrats followed in the same way in 1845, and\\nfrom that time down to 1885 it was customary at each\\nchange of party to make a clean sweep of the\\noffices. Soon after the Civil War the evils of the\\nsystem began to attract serious attention on the part\\nof thoughtful people. The spoils system has\\nhelped to sustain all manner of abominations, from\\ngrasping monopolies and civic jobbery down to po=\\nlitical rum-shops. The virus runs through everything,\\nand the natural tendency of the evil is to grow with\\nthe growth of the country.\\nIn 1883 Congress passed the Civil Service Act,\\n1 Sumner s Jackson, p. 147.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0301.jp2"}, "302": {"fulltext": "264 THE FEDERAL UNION.\\nallowing the prosidont to select n board of examiners\\nou whose reeonuuendation appointments are\\nServioTAot made. Candidates for office ai*e snbjeoted\\nto an easy eonipetitive examination, ine\\nsj Stem has worked well in otlier eonntries, and under\\nPresidents Arthnr and Cleveland it was applied to\\na considerable part of the civil service. It has also\\nbeen adopted in some skitos and cities. The oppo-\\nnents of reform object to the examination that it is\\nnot always intimately connected with the work of the\\noi^ce,^ bnt, even if this were so, the merit of the sys-\\ntem lies in its i emo\\\\Til of the offices fix m the category\\nof things known as patronage. It relieves the\\npivsident of much needless work and wearisome im-\\nportunity. The president and the heads of depart-\\nments appoint (^iii many cases, through subordinates)\\nabout 115,000 oi^eials. It is therefore impossible to\\nknow mneli about tlieir character or competency. It\\nbecomes necessary to act by advice, and the advice of\\nan examining board is sure to be much better than\\nthe advice of politici\\\\l schemei*s intent upon getting\\na salaried office for their needy friends. The ex-\\namination system has made a fair beginning and will\\ndoubtless be gradually improved and made more strin-\\ngent. Something too has been done toward stopping\\ntwo old abuses attendant upon political canvasses,\\n(1) forcing government clerks, under penalty of losing\\ntheir places, to contribute part of their salaries for\\nelection purposes (^2^ allowing government clerks to\\nThe objeotion that the examination questions are irrelevant\\nto tlie work of the offiee is often made the occasion of gross ex-\\naggeration. I have given, in Appendix I, an average sjimple of\\nthe examination papers nsed in the customs service. It is taken\\nfrom Comstoi k s Cii ll Service in the Uniitd States, New York.\\nHolt Co., 1SS5, an excellent manual with very full pu-ticulara.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0302.jp2"}, "303": {"fulltext": "A FEW WORDS ABOUT POLITICS. 266\\nneglect their work in order to take an active part in\\nthe canvass. Before the reform of the civil service\\ncan be completed, however, it will he necessary to re-\\npeal Crawford s act of 1820 and make the tenure of\\npostmasters and revenue collectors as secure as that of\\nthe chief justice of the United States.\\nAnother political reform which promises excellent\\nresults is the adoption by many states of some form\\nof the Australian ballot-system, for the pur-\\npose or checkiner intimidation and bribery nan ballot-\\nsystem.\\nat elections. The ballots are printed by the\\nstate, and contain the names of all the candidates of\\nall the parties. Against the name of each candidate\\nthe party to which he belongs is designated, and\\nagainst each name there is a small vacant space to be\\nfilled with a cross. At the polling-place the ballots\\nare kept in an inclosure behind a railing, and no bal-\\nlot can be brought outside under penalty of fine or\\nimprisonment.^ One ballot is nailed against the wall\\noutside the railing, so that it may be read at leisure.\\nThe space behind the railing is divided into separate\\nbooths quite screened from each other. Each booth\\nis provided with a pencil and a convenient shelf on\\nwhich to write. The voter goes behind the railing,\\ntakes the ballot which is handed him, carries it into\\none of the booths, and marks a cross against the\\nnames of the candidates for whom he votes. He then\\nputs his ballot into the box, and his name is checked\\noff on the register of voters of the precinct. This sys-\\ntem is very simple, it enables a vote to be given in\\nabsolute secrecy, and it keeps heelers away from\\nThis is a brief description of the system lately adopted in\\nMassachusetts. The penalty here mentioned is a fine not ex-\\nceeding a thousand dollars, or imprisonment not exceeding one\\nyear, or both such fine and such imprisonment.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0303.jp2"}, "304": {"fulltext": "266 THE FEDERAL UNION.\\nthe polls. It is favourable to independence in voting,*\\nand it is unfavourable to bribery, because unless the\\nbriber can follow his man to the polls and see how he\\nvotes, he cannot be sure that his bribe is effective.\\nTo make the precautions against bribery complete it\\nwill doubtless be necessary to add to the secret ballot\\nthe English system of accounting for election ex=.\\npenses. All the funds used in an election must pass\\nthrough the hands of a small local committee, vouch-\\ners must be received for every penny that is ex-\\npended, and after the election an itemized account\\nmust be made out and its accuracy attested under\\noath before a notary public. This system of account-\\ning has put an end to bribery in England.^\\nComplaints of bribery and corruption have attracted\\nespecial attention in the United States during the past\\nfew years, and it is highly creditable to the good sense\\nof the people that measures of prevention have been\\nIt is especially favourable to independence in voting, if the\\nlists of the candidates are placed in a single column, without\\nreference to party (each name of course, having the proper\\nparty designation, Rep., Dem., Prohib., etc., attached to\\nit). In such case it must necessarily take the voter some little\\ntime to find and mark each name for which he wishes to vote.\\nIf, however, the names of the candidates are arranged according\\nto their party, all the Republicans in one list, all the Democrats\\nin another, etc., this arrangement is much less favourable to in-\\ndependence in voting and much less efficient as a check upon\\nbribery because the man who votes a straight party ticket will\\nmake all his marks in a very short time, whUe the scratcher,\\nor independent voter, will consume much more time in selecting\\nhis names. Thus people interested in seeing whether a man is\\nvoting the straight party ticket or not can form an opinion from\\nthe length of time he spends in the booth. It is, therefore, im-\\nportant that the names of all candidates should be printed in a\\nsingle column.\\n2 An important step in this direction has been taken in the\\nNew York Corrupt Practices Act of April, 1890. See Appendix J.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0304.jp2"}, "305": {"fulltext": "A FEW WORDS ABOUT POLITICS. 267\\nso promptly adopted by so many states. With an in-\\ndependent and uncorrupted ballot, and the civil service\\ntaken out of politics, all other reforms will become\\nfar more easily accomplished. These ends will pre-=\\nsently be attained. Popular government makes many\\nmistakes, and sometimes it is slow in finding them out\\nbut when once it has discovered them it has a way of\\ncorrecting them. It is the best kind of government\\nin the world, the most wisely conservative, the most\\nsteadily progressive, and the most likely to endure.\\nQUESTIONS ON THE TEXT.\\n1. What was a chief source of opposition to the new federal\\ngovernment\\n2. What necessity for caution existed in devising methods to\\nraise money\\n3. Hamilton s scheme of excise\\na. The things on which excise was laid.\\nb. The unpopularity of the scheme.\\nc. The Whiskey Insurrection.\\nd. Its suppression by Washington.\\n4. Hamilton s tariff scheme\\na. The things on which duties were placed.\\nb. Popular acquiescence in the plan.\\nc. Direct taxation during the Civil War.\\nd. The thought of our tax-bill in ordinary times.\\ne. The classes upon which direct and indirect methods oi\\ntaxation respectively bear.\\n5. The origin of American political parties\\na. Jefferson s objection to Hamilton s policy.\\nb. Hamilton s defence of his policy.\\nc. Jefferson s view of the Elastic Clause.\\nd. Hamilton s view of the Elastic Clause.\\ne. Two names suggestive of an abiding antagonism in Ameri-\\ncan politics.\\nf. A view of the Elastic Clause that commends itself to all-\\ng. The party of Hamilton and its successors.\\nh. The party of Jefferson and its successor.\\n6. Great practical questions that have divided parties", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0305.jp2"}, "306": {"fulltext": "268 THE FEDERAL UNION.\\na. The Tariff.\\nh. Internal Improvements.\\nc. A National Bank.\\nd. The present attitude towards these three questions.\\ne. The shifting of ground in arguing the tariff question.\\nf. The reason for this change of base.\\n7. Civil Service reform\\na. The attitude of parties a few years ago.\\nb. The present attitude of the same parties.\\ne. A question not foreseen.\\nd. The number of officers appointed.\\ne. The non-political nature of their duties.\\nf. The principles that should prevail in their selection and\\nservice.\\n8. The spoils system\\na. Early appointive officers in New York and Pennsylvania.\\nh. The driving of good citizens out of politics.\\nc. The character of the men called to the front.\\nd. The effect on civil service and on politics.\\n9. Rotation in office\\na. A new idea about government offices.\\nJ. Crawford s law of 1820.\\nc. Failure to grasp its significance.\\nd. Jackson s course in 1829.\\ne. Removals from office down to Jackson s time.\\nf. Removals during the first year of Jackson s administra\u00c2\u00ab\\ntion.\\ng. Origin of the phrase, spoils system.\\nh. Promises and practice down to 1885.\\ni. The evils conspicuous since the Civil War.\\n10. The Civil Service Act of 1883.\\na. A board of examiners.\\n6. Competitive examination of candidates.\\nc. The spread of the principles of the reform.\\nd. The merit of the system.\\ne. Two old abuses stopped.\\nf. Further measures needed.\\n11. The Australian ballot system\\na. The object of this system.\\nh. The printing of the ballots.\\nc. What a ballot contains.\\nd. Ballots at the polling-places.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0306.jp2"}, "307": {"fulltext": "A FEW WORDS ABOUT POLITICS. 269\\ne. The booths.\\ny. The manner of voting.\\ng. The advantages of the system.\\nh. An additional precaution against bribery.\\n12. What is the attitude of the people towards bribery and cor-\\nruption\\n13. What reforms must be accomplished before others can make\\nmuch headway\\nSUGaESTIVE QUESTIONS AND DIRECTIONS.\\n1. How much money is needed by the United States govern-\\nment for the expenses of a year How much is needed\\nfor the army, the navy, the interest on the public debt,\\npensions, rivers and harbours, ordinary civil expenses,\\netc. (Answer for any recent year.)\\n2. From what sources does the revenue come Tell how\\nmuch revenue each of the several sources has yielded in\\nany recent year.\\n3. What is the origin of the word tariff?\\n4. What is meant hj protection f What is meant hj free trade\\nWhat is meant by a tariff for revenue only What is\\nmeant by reciprocity Give illustrations.\\n5. What are some of the reasons assigned for protection\\n6. What are some of the reasons assigned for free trade\\n7. Which policy prevails among the states themselves\\n8. Which policy prevails between the United States and other\\nnations\\n9. Mention all the kinds of United States money in circula-\\ntion. Bring into the class a national bank bill, a gold\\ncertificate, a silver certificate, any piece that is used as\\nmoney, and inquire wherein its value lies, what it can or\\ncannot be used for, what the United States will or will\\nnot give in exchange for it, and whether it is worth its\\nface in gold or not.\\n10. Is it right to buy silver at seventy-five cents and then put it\\ninto circulation stamped a dollar, the Government receiv-\\ning the profit Can you get a gold dollar for a silver one\\nI Is a promise to pay a dollar a real dollar May it be as\\ngood as a dollar If so, under what conditions\\n12. If gold were as common as gravel, what characteristics of it\\nuniversally recognized would remain unchanged What\\nwould become of its purchasing power, if it cost little or", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0307.jp2"}, "308": {"fulltext": "ii70 THE FEDERAL UNION.\\nno labour to obtain it Why is it accepted as a standard\\nof value\\n13. During the Civil War gold was said to fluctuate in value,\\nbecause it took two dollars of paper money, sometimes\\nmore, sometimes less, to buy one dollar in gold. Where\\nwas the real changing What was the cause of it\\n14. What men are at the head of the national government at the\\npresent time (Think of the executive department and\\nits primary divisions, the legislative department, and the\\njudicial.)\\n15. What salaries are paid these officers Compare American\\nsalaries with European salaries for corresponding high\\npositions.\\n16. Should a president serve a second term What is the ad-\\nvantage of such service What is the objection to it\\nIs a single term of six years desirable\\n17. Ought the president to be elected directly by the people\\n18. Name in order the persons entitled to succeed to the presi-\\ndency in case of vacancy.\\n1 9. Who is your representative in Congress\\n20. Who are your senators in Congress\\n21. What is the pay of members of Congress Who determine\\nthe compensation What is there to prevent lavish or\\nimproper pay\\n22. There is said to be log-rolling in legislation at times.\\nWhat is the nature of this practice Is it right\\n23. Is the senator or the representative of higher dignity?\\nWhy?\\n24. Why should members of Congress be exempted from arrest\\nin certain cases\\n25. Find authority in the Constitution for various things that\\nCongress has done, such as the following\\na. It has established a military academy at West Point.\\nh. It has given public lands to Pacific railroads.\\nc. It has authorized uniforms for letter carriers.\\nd. It has ordered surveys of the coast.\\ne. It has established the Yellowstone National Park.\\nf. It has voted millions of dollars for pensions.\\ng. It refused during the Civil War to pay its promises with\\nsilver or gold.\\nh. It bought Alaska of Russia.\\nt. It has adopted exclusive measures towards the Chinese.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0308.jp2"}, "309": {"fulltext": "A FEW WORDS ABOUT POLITICS. 271\\n26. Reverse the preceding exercise. That is, cite clauses of the\\nConstitution, and tell what particular things Congress has\\ndone because of such authority. For example, what\\nspecific things have been done under the following pow-\\ners of Congress\\na. To collect taxes.\\nb. To regulate commerce with foreign nations.\\nc. To coin money.\\nd. To establish post-roads.\\ne. To provide for the common defence.\\nf. To provide for the general welfare.\\n27. Compare the strength of the national government to-day\\nwith its strength in the past.\\n28. Who are citizens according to the Constitution Is a woman\\na citizen Is a child a citizen Are Indians citizens\\nAre foreigners residing in this country citizens Are\\nchildren born abroad of American parents citizens Can\\none person be a citizen of two nations at the same time,\\nor of two states, or of two towns Explain.\\n29. To what laws is an American vessel on the ocean subject\\n30. Show how the interests and needs of the various sections of\\nthe country present wide differences. Compare mining\\nsections with agricultural, and both with manufacturing\\nPacific states with Atlantic Northern states with South-\\nern. What need of mutual consideration exists\\n31. Name all the political divisions from the smallest to the great-\\nest in which you live. A Cambridge (Mass.) boy might,\\nfor example, say, I live in the third precinct of the first\\nward, in the first Middlesex representative district, the\\nthird Middlesex senatorial district, the third councillor\\ndistrict, and the fifth congressional district. My city is\\nCambridge my county, Middlesex, etc. Name the\\nvarious persons who represent you in these several dis-\\ntricts.\\n32. May state and local officers exercise authority on United\\nStates government territory, as, for example, within the\\nlimits of an arsenal or a custom-house May national gov-\\nernment officers exercise authority in states and towns\\n33. What is a sovereign state Is New York a sovereign state\\nthe United States the Dominion of Canada Great\\nBritain Explain.\\n34. When sovereign nations disagree, how can a settlement be", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0309.jp2"}, "310": {"fulltext": "272 THE FEDERAL UNION.\\neffected What is the best way to settle such a dis-\\nagreement Illustrate from history the methods of\\nnegotiation, of arbitration, and of war.\\n\u00e2\u0096\u00a0JS. When two states of the Federal Union disagree, what solu-\\ntion of the difficulty is possible\\nBIBLIOGRAPHICAL NOTE.\\nThe Federal Union. For the origin of our federal con-\\nstitution, see Bancroft s History of the United States, final edition,\\nvol. vi., N. Y., 1886 Curtis s History of the Constitution, 2 vols.,\\nN. Y., 1861, new edition, vol. i., 1889 and my Critical Period of\\nAmerican History, Boston, 1888, with copious references in the\\nbibliographical note at the end. Once more we may refer ad-\\nvantageously to H. U. Studies, IL, v.-vi., H. C. Adams, Tax-\\nation in the United States, 1789-1816 VIIL, i.-ii., A. W. Small,\\nThe Beginnings of American Nationality. See also Jameson s\\nEssays in the Constitutional History of the United States in the\\nFormative Period, 1775-1789, Boston, 1889, a very valuable book.\\nOn the progress toward union during the colonial period, see\\nespecially Frothingham s Rise of the Republic of the United\\nStates, Boston, 1872 also Scott s Development of Constitutional\\nLiberty in the English Colonies of America, N. Y., 1882.\\nBy far the ablest and most thorough book on the government\\nof the United States that has ever been published is Bryce s\\nAmerican Commomoealth, 2 vols., London and N. Y., 1888. No\\nAmerican citizen s education is properly completed until he has\\nread the whole of it carefully. In connection therewith, the\\nwork of Tocqueville, Democracy in America, 2 vols., 6th ed.,\\nBoston, 1876, is interesting. The Scotchman describes and dis-\\ncusses the American commonwealth of to-day, the Frenchman\\nthat of sixty years ago. There is an instructive difference in\\nthe methods of the two writers, Tocqueville being inclined to\\ndraw deductions from ingenious generalizations and to explain\\nas natural results of democracy sundry American characteristics\\nthat require a different explanation. His great work is admira-\\nbly reviewed and criticised by Bryce, in the J. H. U. Studies, V.,\\nix.. The Predictions of Hamilton and De Tocqueville.\\nThe following manuals may be recommended Thorpe, Thi", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0310.jp2"}, "311": {"fulltext": "BIBLIOGRAPHICAL NOTE. 273\\nGovernmep.t of the People of the United States, Phila., 1889 Mar-\\ntin s Text Book on Civil Government in the United States, N. Y.\\nand Chicago, 1875 (written with special reference to Massachu-\\nsetts) Northam s Manual of Civil Government, Syracuse, 1887\\n(written with special reference to New York) Ford s American\\nCitizen s Manual, N. Y., 1887 Rupert s Guide to the Study of\\nthe History and the Constitution of the United States, Boston, 1888\\nA.ndrews s Manual of the Constitution of the United States, Cin-\\ncinnati, 1874 Miss Dawes, How we are Governed, Boston, 1888\\nMacy, Our Government How it Grew, What it Does, and How it\\nDoes it, Boston, 1887. The last is especially good, and mingles\\nnarrative with exposition in an unusually interesting way. Nord-\\nhofE s Politics for Young Americans, N. Y., 1887, is a book that\\nought to be read by all young Americans for its robust and sound\\npolitical philosophy. It is suitable for boys and girls from\\ntwelve to fifteen years old. C. F. Dole s The Citizen and the\\nNeighbour, Boston, 1887, is a suggestive and stimulating little\\nbook. For a comparative survey of governmental institutions,\\nancient and modern, see Woodrow Wilson s The State: El-\\nements of Historical and Practical Politics, Boston, 1889. An\\nenormous mass of matter is compressed into this volume, and,\\nalthough it inevitably suffers somewhat from extreme conden-\\nsation, it is so treated as to be both readable and instructive.\\nThe chapter on The State and Federal Governments of the United\\nStates has been published separately, and makes a convenient\\nlittle volume of 131 pages. Teachers should find much help in\\nMacAlister s Syllabus of a Course of Elementary Instruction in\\nUnited States History and Civil Government, Phila., 1887.\\nThe following books of the English Citizen Series, pub-\\nlished by Macmillan Co., may often be profitably consulted\\nM. D. Chalmers, Local Government; H. D. Traill, Central Gov-\\nernment F. W. Maitland, Justice and Police Spencer Walpole,\\nThe Electorate and the Legislature A. J. Wilson, The National\\nBudget T. H. Farrer, The State in its Relations to Trade W.\\nS. Jevons, The State in its Relations to Labour, The works on\\nthe English Constitution by Stubbs, Gneist, Taswell-Lang-\\nmead. Freeman, and Bagehot are indispensable to a thorough\\nunderstanding of civil government in the United States Stubbs,\\nConstitutional History of England, 3 vols., London, 1875-78\\nGneist, History of the English Constitution, 2d ed., 2 vols., Lon-\\ndon, 1889 Taswell-Langmead, English Constitutional History,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0311.jp2"}, "312": {"fulltext": "274 THE FEDERAL UNION.\\n3d ed., Bostou, 1886 Freeman, The Growth of the English Con-\\nstitution, London, 1872 Bagehot, The English Constitution, re-\\nvised ed., Boston, 1873. An admirable book in this connection\\nis Hannis Taylor s (of Alabama) Origin and Growth of the Eng-\\nlish Constitution, Boston, 1889. In connection with Bagehot s\\nEnglish Constitution the student may profitably read Woodrow\\nWilson s Congressional Government, Boston, 1885, and A. L.\\nLowell s Essays in Government, Boston, 1890. See also Sir H.\\nMaine, Popular Government, London, 1886 Sir G. C. Lewis on\\nThe Use and Abuse* of Certain Political Terms, London, 1832\\nMethods of Observation and Reasoning in Politics, 2 vols., London,\\n1852 and Dialogue on the Best Form of Government, London, 1863.\\nAmon^ the most valuable books ever written on the proper\\nsphere and duties of civil government are Herbert Spencer s\\nSocial Statics, London, 1851 The Stud^ of Sociology, 9th ed.,\\nLondon, 1880 The Man versus The State, London, 1884 they\\nare all reprinted by D. Appleton Co., New York. The views\\nexpressed in Social Statics with regard to the tenure of land are\\nregarded as unsound by many who are otherwise in entire sym-\\npathy with Mr. Spencer s views, and they are ably criticised in\\nBonham s Industrial Liberty, N. Y., 1888. A book of great merit,\\nwhich ought to be reprinted as it is now not easy to obtain, is\\nToulmin Smith s Local Self-Government and Centralization, Lon-\\ndon, 1851. Its point of view is sufficiently indicated by the\\nfollowing admirable pair of maxims (p. 12)\\nLocal Self-Government is that system of Government wi-\\nder which the greatest number of minds, knowing the most, and\\nhaving the fullest opportunities of knowing it, about the special mat-\\nter in hand, and having the greatest interest in its well-working,\\nhave the management of it, or control over it.\\nCentralization is that system of government under lohich the\\nsmallest number of minds, and those knowing the least, and having\\nthe fewest opportunities of knowing it, about the special matter in\\nhand, and having the smallest interest in its well-working, have the\\nmanagement of it, or control over it.\\nAn immense amount of wretched misgovemment would be\\navoided if all legislators and all voters would engrave these\\nwholesome definitions upon their minds. In connection with the\\nbooks just mentioned much detailed and valuable information\\nmay be found in the collections of essays edited by J. W. Pro-\\nbyn. Local Government and Taxation [in various countries],\\nLondon, 1875 Local Government and Taxation in the United", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0312.jp2"}, "313": {"fulltext": "BIBLIOGRAPHICAL NOTE. 275\\nKingdom, London, 1882. See also R. T. Ely s Taxation in Amer-\\nican States and Cities, N. Y., 1889.\\nThe most elaborate work on our political history is that of\\nHermann von Hoist, Constitutional and Political History of the\\nUnited States, translated from the German by J. J. Lalor, vols,\\ni.-vi. (1787-1859), Chicago, 1877-89. In spite of a somewhat too\\npronounced partisan bias, its value is great. See also Schouler s\\nHistory of the United States under the Constitution, vols, i.-iv.\\n(1783-1847), new ed., N. Y., 1890. The most useful handbook,\\nalike for teachers and for pupils, is Alexander Johnston s His-\\ntory of A merican Politics, 2d ed., N. Y., 1882. The United States,\\nN. Y., 1889, by the same author, is also excellent. Every school\\nshould possess a copy of Lalor s Cyclopcedia of Political Science,\\nPolitical Economy, and the Political History of the United States,\\n3 vols., Chicago, 1882-84. The numerous articles in it relating\\nto American history are chiefly by Alexander Johnston, whose\\nmastery of his subject was simply unrivalled. His death in\\n1889, at the early age of forty, must be regarded as a national\\ncalamity. For a manual of constitutional law, Cooley s General\\nPrinciples of Constitutional Law in the United States of America,\\nBoston, 1880, is to be recommended. The reader may fitly sup-\\nplement his general study of civil government by the little book\\nof E. P. Dole, Talks about Law a Popular Statement of What\\nour Law is and How it is to be Administered, Boston, 1887.\\nIn connection with the political history, Stanwood s History of\\n*Presidential Elections, 2d ed., Boston, 1888, will be found useful.\\nSee also Lawton s American Caucus System, N. Y., 1885. On\\nthe general subject of civil service reform, see Eaton s Civil\\nService in Great Britain a History of Abuses and Reforms, and\\ntheir Bearing upon American Politics, N. Y., 1880. Comstock s\\nCivil Service in the United States, N. Y., 1885, is a catalogue of\\noffices, with full account of civil service rules, examinations,\\nspecimens of examination papers, etc. also some of the state\\nrules, as in New York, Massachusetts, etc.\\nI would here call attention to some publications by the Di-\\nrectors of the Old South Studies in History and Politics,\\nfirst, The Constitution of the United States, with Historical and\\nBibliographical Notes and Outlines for Study, prepared by E. D.\\nMead (sold by D. C. Heath Co., Boston, for 25 cents); sec-\\nondly, the Old South Leaflets, furnished to schools and the trade", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0313.jp2"}, "314": {"fulltext": "276 THE FEDERAL UNION.\\nby the same publishers, at 5 cents a copy or $3.00 a hundred.\\nThese leaflets are for the most part reprints of important original\\npapers, furnished with valuable historical and bibliographical\\nnotes. The eighteen issued up to this time (July, 1890) are as\\nfollows 1. The Constitution of the United States 2. The Ar-\\nticles of Confederation 3. The Declaration of Independence\\n4. Washington s Farewell Address 5. Magna Charta 6. Vane s\\nHealing Question 7. Charter of Massachusetts Bay, 1629\\n8. Fundamental Orders of Connecticut, 1639 9. Franklin s Plan\\nof Union, 1754 10. Washington s Inaugurals 11. Lincoln s\\nInaugurals and Emancipation Proclamation 12. The Federalist,\\nNos. 1 and 2 13. The Ordinance of 1787 14. The Constitu-\\ntion of Ohio 15. Washington s Legacy 16. Washington s\\nLetter to Benjamin Harrison, Governor of Virginia, on the\\nOpening of Communication with the West 17. Verrazano s\\nVoyage, 1524 18. Federal Constitution of the Swiss Confedera-\\ntion.\\nHoward Preston s Documents Illustrative of American History,\\nN. Y., 1886, contains the following First Virginia Charter,\\n1606 Second Virginia Charter, 1609 Third Virginia Charter,\\n1612 Mayflower Compact, 1620 Massachusetts Charter, 1629\\nMaryland Charter, 1632 Fundamental Orders of Connecticut,\\n1639 New England Confederation, 1643 Connecticut Charter,\\n1662 Rhode Island Charter, 1663 Pennsylvania Charter,\\n1681 Penn s Plan of Union, 1697 Georgia Charter, 1732\\nFranklin s Plan of Union, 1754 Declaration of Rights, 1765\\nDeclaration of Rights, 1774 Non-Importation Agreement, 1774\\nVirginia Bill of Rights, 1776 Declaration of Independence,\\n1776 Articles of Confederation, 1777 Treaty of Peace, 1783\\nNorthwest Ordinance, 1787 Constitution of the United States,\\n1787 Alien and Sedition Laws, 1798 Virginia Resolutions,\\n1798 Kentucky Resolutions, 1798 Kentucky Resolutions,\\n1799 Nullification Ordinance, 1832 Ordinance of Secession,\\n1860 South Carolina Declaration of Independence, 1860 Eman-\\ncipation Proclamation, 1863.\\nSee also Poore s Federal and State Constitutions, Colonial\\nCharters, and other Organic Laws of the United States, 2 vols.,\\nWashington, 1877.\\nThe series of essays entitled The Federalist, written by Hamil-\\nton, Madison, and Jay, in 1787-88, while the ratification of the\\nConstitution was in question, will always remain indispensable", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0314.jp2"}, "315": {"fulltext": "BIBLIOGRAPHICAL NOTE. 211\\nas an iutroduction to the thorough study of the principles upon\\nwhich our federal government is based. The most recent edi-\\ntion is by H. C. Lodge, N. Y., 1888. For the systematic and\\nelaborate study of the Constitution, see Foster s References to the\\nConstitution of the United States, a little pamphlet of 50 pages\\npublished by the Society for Political Education, 330 Pearl St.,\\nNew York, 1890, price 25 cents. The student who should pur-\\nsue to the end the line of research marked out in this pamphlet\\nought thereby to become quite an authority on the subject.\\nFor very pleasant and profitable reading, in connection with\\nthe formation and interpretation of the Constitution, and the\\npolitical history of our country from 1763 to 1850, we have the\\nAmerican Statesmen Series, edited by J. T. Morse, and pub-\\nlished by Houghton, Mifflin Co., Boston, 1882-90: Benja-\\nmin Franklin, by J. T. Morse Patrick Henry, by M. C. Tyler\\nSamuel Adam^, bj J. K. Hosmer George Washington, by H. C.\\nLodge, 2 vols. John Adams and Thomas Jefferson, by J. T,\\nMorse Alexander Hamilton, by H. C. Lodge Gouverneur Mor-\\nris, by T. Roosevelt James Madison, by S. H. Gay .Tames\\nMonroe, by D. C. Gilman Albert Gallatin, by J. A. Stevens\\nJohn Randolph, by H. Adams John Jay, by G. Pellew John\\nMarshall, by A. B. Magruder John Quincy Adams, by J. T.\\nMorse John C. Calhoun, by H. von Hoist Andrew Jackson,\\nby W. G. Sumner Martin Van Bur en, by E. M. Shepard\\nHenry Clay, by C. Schurz, 2 vols. Daniel Webster, by H. C.\\nLodge Thomas H. Benton, by T. Roosevelt.\\nIn connection with the questions on page 269 relating to tariff,\\ncurrency, etc., references to some works on political economy are\\nneeded. The arguments in favour of protectionism are set forth\\nin Bowen s American Political Economy, last ed., N. Y., 1870 the\\narguments in favour of free trade are set forth in Perry s Po-\\nlitical Economy, 19th ed., N. Y., 1887 and for an able and im-\\npartial historical survey, Taussig s Tariff History of the United\\nStates, N. Y., 1888, may be recommended. For a lucid view of\\ncurrency, see Jevons s Money and the Mechanism of Exchange,\\nN Y., 1875.\\nA useful work on the Australian method of voting is Wigmore s\\nThe Australian Ballot System, 2d ed., Boston, 1890.\\nIn connection with some of the questions on page 271, the\\nstudent may profitably consult Woolsey s International Law, 5th\\ned., N. Y., 1879.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0315.jp2"}, "316": {"fulltext": "KOTE TO PAGE 226.\\nBy the act of February 3, 1887, the second Monday in January\\nis fixed for the meeting of the electoral colleges in all the states.\\nThe provisions relating to the first Wednesday in January are\\nrepealed. The interval between the second Monday in January\\narJ the second Wednesday in February remains available for\\nthe settlement of disputed questions.\\nNOTE TO PAGE 250.\\nIn order to relieve the supreme court of the United States,\\nwhich had come to be overburdened with business, a new court,\\nwith limited appellate jurisdiction, called the circuit court of\\nappeals, was organized in 1892. It consists primarily of nine\\nappeal judges, one for each of the nine circuits. For any given\\ncircuit the supreme court justice of the circuit, the appeal judge\\nof the circuit, and the circuit judge constitute the court of appeal.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0316.jp2"}, "317": {"fulltext": "APPENDIX A.\\nTHE AETICLES OF CONFEDEKATION.\\nArticles of Confederation and Perpetual Union between the Stales\\nof New Hampshire, Massachusetts Bay, Rhode Island and\\nProvidence Plantations, Connecticut, New York, New Jersey,\\nPennsylvania, Delaware, Maryland, Virginia, North Carolina,\\nSouth Carolina, and Georgia.\\nArticle I. The style of this Confederacy shall be, The\\nUnited States of America.\\nArt, II. Each State retains its sovereignty, freedom, and\\nindependence, and every power, jurisdiction, and right, which is\\nnot by this Confederation expressly delegated to the United\\nStates in Congress assembled.\\nArt. hi. The said States hereby severally enter into a\\nfirm league of friendship with each other, for their common de-\\nfence, the security of their liberties, and their mutual and gen-\\neral welfare, binding themselves to assist each other against all\\nforce offered to, or attacks made upon them, or any of them, on\\naccount of religion, sovereignty, trade, or any other pretence\\nwhatever.\\nArt. IV. The better to secure and perpetuate mutual\\nfriendship and intercourse among the people of the different\\nStates in this Union, the free inhabitants of each of these States,\\npaupers, vagabonds, and fugitives from justice excepted, shall\\nbe entitled to all privileges and immunities of free citizens in\\nthe several States and the people of each State shall have free\\ningress and egress to and from any other State, and shall enjoy\\ntherein all the privileges of trade and commerce subject to the\\nsame duties, impositions, and restrictions as the inhabitants\\nthereof respectively; provided that such restrictions shall not\\nextend so far as to prevent the removal of property imported\\ninto any State to any other State of which the owner is an in-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0317.jp2"}, "318": {"fulltext": "280 APPENDIX A.\\nhabitant; provided also, that no imposition, duties, or restriction\\nshall be laid by any State on the property of the United States\\nor either of them. If any person guilty of, or charged with,\\ntreason, felony, or other high misdemeanour in any State shall\\nflee from justice and be found in any of the United States, he\\nshall, upon demand of the governor or executive power of the\\nState from which he fled, be delivered up and removed to the\\nState having jurisdiction of his offense. Full faith and credit\\nshall be given in each of these States to the records, acts, and\\njudicial proceedings of the courts and magistrates of every other\\nState.\\nArt. V. For the more convenient management of the\\ngeneral interests of the United States, delegates shall be annually\\nappointed in such manner as the Legislature of each State shall\\ndirect, to meet in Congress on the first Monday in November,\\nin every year, with a power reserved to each State to recall its\\ndelegates, or any of them, at any time within the year, and to\\nsend others in their stead for the remainder of the year. No\\nState shall be represented in Congress by less than two, nor by\\nmore than seven members; and no person shall be capable of\\nbeing a delegate for more than three years in any term of six\\nyears; nor shall any person, being a delegate, be capable of\\nholding any office under the United States for which he, or\\nanother for his benefit, receives any salary, fees, or emolument\\nof any kind. Each State shall maintain its own delegates in\\nany meeting of the States and while they act as members of the\\nCommittee of the States. In determining questions in the\\nUnited States, in Congress assembled, each State shall have one\\nvote. Freedom of speech and debate in Congress shall not be\\nimpeached or questioned in any court or place out of Congress;\\nand the members of Congress shall be protected in their per-\\nsons from arrests and imprisonment during the time of their\\ngoing to and from, and attendance on, Congress, except foi\\ntreason, felony, or breach of the peace.\\nArt. VI. No State, without the consent of the United\\nStates, in Congress assembled, shall send any embassy to, or\\nreceive any embassy from, or enter into any conference, agree-\\nment, alliance, or treaty with any king, prince, or state; nor\\nshall any person holding any office of profit or trust under the\\nUnited States, or any of them, accept of any present, emolu-\\nment, oflSice, or title of any kind whatever from any king, prince,\\nor foreign state; nor shall the United States, in Congress as-\\nsembled, or any of them, grant any title of nobility.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0318.jp2"}, "319": {"fulltext": "ARTICLES OF CONFEDERATION. 281\\nNo two or more States shall enter into any treaty, confeder-\\nation, or alliance whatever between them, without the consent\\nof the United States, in Congress assembled, specifying accu-\\nrately the purposes for which the same is to be entered into, and\\nhow long it shall continue.\\nNo State shall lay any imposts or duties which may interfere\\nwith any stipulations in treaties entered into by the United\\nStates, in Congress assembled, with any king, prince, or state,\\nin pursuance of any treaties already proposed by Congress to\\nthe courts of France and Spain.\\nNo vessel of war shall be kept up in time of peace by any\\nState, except such number only as shall be deemed necessary\\nby the United States, in Congress assembled, for the defence of\\nsuch State or its trade, nor shall any body of forces be kept up\\nby any State in time of peace, except such number only as, in\\nthe judgment of the United States, in Congress assembled, shall\\nbe deemed requisite to garrison the forts necessary for the dc\\nfence of such State but every State shall always keep up a\\nwell-regulated and disciplined militia, sufficiently armed and\\naccoutred, and shall provide and constantly have ready for use\\nin public stores a due number of field-pieces and tents, and a\\nproper quantity of arms, ammunition, and camp equipage.\\nNo State shall engage in any war without the consent of the\\nUnited States, in Congress assembled, unless such State be\\nactually invaded by enemies, or shall have received certain ad-\\nvice of a resolution being formed by some nation of Indians to\\ninvade such State, and the danger is so imminent as not to ad-\\nmit of a delay till the United States, in Congress assembled,\\ncan be consulted nor shall any State grant commissions to any\\nships or vessels of war, nor letters of marque or reprisal, except\\nit be after a declaration of war by the United States, in Con-\\ngress assembled, and then only against the kingdom or state,\\nand the subjects thereof, against which war has been so de-\\nclared, and under such regulations as shall be established by the\\nUnited States, in Congress assembled, unless such State be in-\\nfested by pirates, in which case vessels of war may be fitted out\\nfor that occasion, and kept so long as the danger shall continue,\\nor until the United States, in Congress assembled, shall deter-\\nmine otherwise.\\nArt. VII. When land forces are raised by any State for\\nthe common defence, all ofiicers of or under the rank of Colonel\\nshall be appointed by the Legislature of each State respectively", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0319.jp2"}, "320": {"fulltext": "282 APPENDIX A.\\nby whom such forces shall be raised, or in such manner as such\\nState shall direct, and all vacancies shall be filled up by the\\nState which first made the appointment.\\nArt. Vin. All charges of war, and all other expenses\\nthat shall be incurred for the common defence, or general wel-\\nfare, and allowed by the United States, in Congress assembled,\\nshall be defrayed out of a common treasury, which shall be sup-\\nplied by the several States in proportion to the value of all land\\nwithin each State, granted to, or surveyed for, any person, as\\nsuch land and the buildings and improvements thereon shall be\\nestimated, according to such mode as the United States, in\\nCongress assembled, shall, from time to time, direct and ap-\\npoint. The taxes for paying that proportion shall be laid and\\nlevied by the authority and direction of the Legislatures of the\\nseveral States, within the time agreed upon by the United\\nStates, in Congress assembled.\\nArt. IX. The United States, in Congress assembled,\\nshall have the sole and exclusive right and power of determining\\non peace and war, except in the cases mentioned in the sixth\\nArticle; of sending and receiving ambassadors; entering into\\ntreaties and alliances, provided that no treaty of commerce\\nshall be made, whereby the legislative power of the respective\\nStates shall be restrained from imposing such imposts and\\nduties on foreigners as their own people are subjected to, or\\nfrom prohibiting the exportation or importation of any species\\nof goods or commodities whatever; of establishing rules for\\ndeciding, in all cases, what captures on land and water shall be\\nlegal, and in what manner prizes taken by land or naval forces\\nin the service of the United States shall be divided or appropri-\\nated; of granting letters of marque and reprisal in times of\\npeace; appointing courts for the trial of piracies and felonies\\ncommitted on the high seas and establishing courts for receiv-\\ning and determining finally appeals in all cases of captures;\\nprovided that no member of Congress shall be appointed a j udge\\nof any of the said courts.\\nThe United States, in Congress assembled, shall also be the\\nlast resort on appeal in all disputes and differences now sub-\\nsisting, or that hereafter may arise between two or more States\\nconcerning boundary jurisdiction, or any other cause what-\\never; which authority shall always be exercised in the manner\\nfollowing: Whenever the legislative or executive authority, or\\nlawful agent of any State in controversy with another, shall", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0320.jp2"}, "321": {"fulltext": "ARTICLES OF CONFEDERATION. 283\\npresent a petition to Congress, stating the matter in question,\\nand praying for a hearing, notice thereof shall be given by\\norder of Congress to the legislative or executive authority of the\\nother State in controversy, and a day assigned for the appear-\\nonce of the parties by their lawful agents, who shall then be\\ndirected to appoint, by joint consent, commissioners or judges\\nto constitute a court for hearing and determining the matter in\\nquestion; but if they cannot agree, Congress shall name three\\npersons out of each of the United States, and from the list of\\nsuch persons each party shall alternately strike out one, the\\npetitioners beginning, until the number shall be reduced to\\nthirteen; and from that number not less than seven nor more\\nthan nine names, as Congress shall direct, shall, in the presence\\nof Congress, be drawn out by lot; and the persons whose names\\nshall be so drawn, or any five of them, shall be commissioners\\nor judges, to hear and finally determine the controversy, so\\nalways as a major part of the judges who shall hear the cause\\nshall agree in the determination; and if either party shall\\nneglect to attend at the day appointed, without showing reasons\\nwhich Congress shall judge sufficient, or being present, shall\\nrefuse to strike, the Congress shall proceed to nominate three\\npersons out of each State, and the secretary of Congress shall\\nstrike in behalf of such party absent or refusing; and the judg-\\nment and sentence of the court, to be appointed in the manner\\nbefore prescribed, shall be final and conclusive; and if any of\\nthe parties shall refuse to submit to the authority of such court,\\nor to appear or defend their claim or cause, the court shall\\nnevertheless proceed to pronounce sentence or judgment, which\\nshall in like manner be final and decisive; the judgment or\\nsentence and other proceedings being in either case transmitted\\nto Congress, and lodged among the acts of Congress for the\\nsecurity of the parties concerned; provided, that every commis-\\nsioner, before he sits in judgment, shall take an oath, to be ad-\\nministered by one of the judges of the supreme or superior court\\nof the State where the cause shall be tried, well and truly to\\nhear and determine the matter in question, according to the best\\nof his judgment, without favour, affection, or hope of reward.\\nProvided, also, that no State shall be deprived of territory for\\nthe benefit of the United States.\\nAll controversies concerning the private right of soil claimed\\nunder different grants of two or more States, whose jurisdictions,\\nas they may respect such lands, and the States which passed", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0321.jp2"}, "322": {"fulltext": "284 APPENDIX A.\\nsuch grants are adjusted, the said grants or either of them being\\nat the same time claimed to have originated antecedent to such\\nsettlement of jurisdiction, shall, on the petition of either party\\nto the Congi ess of the United States, be finally determined, as\\nnear as may be, in the same manner as is before prescribed for\\ndeciding disputes respecting teri itorial jurisdiction between\\ndifferent States.\\nThe United States, in Congress assembled, shall also have\\nthe sole and exclusive right and power of regulating the alloy\\nand value of coin struck by their own authority, or by that of\\nthe respective States fixing the standard of weights and meas-\\nures throughout the United States; regulating the trade and\\nmanaging all affairs with the Indians, not members of any of\\nthe States pi ovided that the legislative right of any State,\\nwithin its own limits, be not infringed or violated establishing\\nand regulating post-offices from one State to another, throughout\\nall the United States, and exacting such postage on the papers\\npassing through the same as may be requisite to defray the ex-\\npenses of the said office appointing all officers of the land\\nforces in the service of the United States, excepting regimental\\nofficers appointing all the officers of the naval forces, and com-\\nmissioning all officers whatever in the service of the United\\nStates; making rules for the government and regulation of the\\nsaid land and naval forces, and directing their operations.\\nThe United States, in Congress assembled, shall have author-\\nity to appoint a committee, to sit in the recess of Congress, to\\nbe denominated A Committee of the States, and to consist\\nof one delegate from each State, and to appoint such other\\ncommittees and civil officers as may be necessary for managing\\nthe general affairs of the United States under their direction\\nto appoint one of their number to preside provided that no\\nperson be allowed to serve in the office of president more than\\none year in any term of three years to ascertain the necessary\\nsums of money to be raised for the service of the United States,\\nand to appropriate and apply the same for defraying the public\\nexpenses to borrow money or emit bills on the credit of the\\nUnited States, transmitting every half year to the respective\\nStates an account of the sums of money so borrowed or emitted;\\nto build and equip a navy; to agree upon the number of land\\nforces, and to make requisitions from each State for its quota,\\nin proportion to the number of white inhabitants in such State,\\nwhich requisition shall be binding and thereupon the Legisla*", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0322.jp2"}, "323": {"fulltext": "ARTICLES OF CONFEDERATION. 285\\nture of each State shall appoint the regimental officers, raise the\\nmen, and clothe, arm, and equip them in a soldier-like manner,\\nat the expense of the United States and the officers and men\\nso clothed, armed, and equipped shall march to the place ap-\\npointed, and within the time agreed on by the United States, in\\nCongress assembled but if the United States, in Congress\\nassembled, shall, on consideration of circumstances, judge proper\\nthat any State should not raise men, or should raise a smaller\\nnumber than its quota, and that any other State should raise a\\ngreater number of men than the quota thereof, such extra num-\\nber shall be raised, officered, clothed, armed, and equipped in\\nthe same manner as the quota of such State, unless the Legis-\\nlature of such State shall judge that such extra number can-\\nnot be safely spared out of the same, in which case they shall\\nraise, officer, clothe, arm, and equip as many of such extra num-\\nber as they judge can be safely spared, and the officers and men\\nso clothed, armed, and equipped shall march to the place ap-\\npointed, and within the time agreed on by the United States, in\\nCongress assembled.\\nThe United States, in Congress assembled, shall never en-\\ngage in a war, nor grant letters of marque and reprisal in time\\nof peace, nor enter into any treaties or alliances, nor coin\\nmoney, nor regulate the value thereof, nor ascertain the sums\\nand expenses necessary for the defense and welfare of the\\nUnited States, or any of them, nor emit bills, nor borrow money\\non the credit of the United States, nor appropriate money, nor\\nagree upon the number of vessels of war to be built or pur-\\nchased, or the number of land or sea forces to be raised, nor\\nappoint a commander-in-chief of the army or navy, unless nine\\nStates assent to the same, nor shall a question on any other\\npoint, except for adjourning from day to day, be determined,\\nunless by the votes of a majority of the United States, in Con-\\ngress assembled.\\nThe Congress of the United States shall have power to ad-\\njourn to any time within the year, and to any place within the\\nUnited States, so that no period of adjournment be for a longer\\nduration than the space of six months, and shall publish the\\njournal of their proceedings monthly, except such parts thereof\\nrelating to treaties, alliances, or military operations as in their\\njudgment require secrecy and the yeas and nays of the dele-\\ngates of each State, on any question, shall be entered on the\\njournal when it is desired by any delegate and the delegates", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0323.jp2"}, "324": {"fulltext": "286 APPENDIX A.\\nof a State, or any of them, at his or their request, shall be fur-\\nnished with a transcript of the said journal except such parts as\\nare above excepted, to lay before the Legislatures of the several\\nStates.\\nArt. X. The Committee of the States, or any nine of\\nthem, shall be authorized to execute, in the recess of Congress,\\nsuch of the powers of Congress as the United States, in Con-\\ngress assembled, by the consent of nine States, shall, from time\\nto time, think expedient to vest them with provided that no\\npower be delegated to the said Committee, for the exercise of\\nwhich, by the Articles of Confederation, the voice of nine States\\nin the Congress of the United States assembled is requisite.\\nArt. XI. Canada, acceding to this Confederation, and\\njoining in the measures of the United States, shall be admitted\\ninto, and entitled to all the advantages of this Union but no\\nother colony shall be admitted into the same, unless such ad-\\nmission be agreed to by nine States.\\nArt. XII. All bills of credit emitted, moneys borrowed,\\nand debts contracted by or under the authority of Congress, be-\\nfore the assembling of the United States, in pursuance of the\\npresent Confederation, shall be deemed and considered as a\\ncharge against the United States, for payment and satisfaction\\nwhereof the said United States and the public faith are hereby\\nsolemnly pledged.\\nArt. XIII. Every State shall abide by the determinations\\nof the United States, in Congress assembled, on all questions\\nwhich by this Confederation are submitted to them. ^-And the\\nArticles of this Confederation shall be inviolably observed by\\nevery State, and the Union shall be perpetual nor shall any\\nalteration at any time hereafter be made in any of them, unless\\nsuch alteration be agreed to in a Congress of the United States,\\nand be afterwards confirmed by the Legislatures of every State\\nAnd whereas it hath pleased the great Governor of the\\nworld to incline the hearts of the Legislatures we respectively\\nrepresent in Congress to approve of, and to authorize us to\\nratify, the said Articles of Confederation and perpetual Union,\\nknow ye, that we, the undersigned delegates, by virtue of the\\npower and authority to us given for that purpose, do, by these\\npresents, in the name and in behalf of our respective constitu-\\nents, fully and entirely ratify and confirm each and every of the\\nsaid Articles of Confederation and perpetual Union, and all and", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0324.jp2"}, "325": {"fulltext": "THE CONSTITUTION. 287\\nsingular the matters and things tlierein contained. And we do\\nfurther solemnly plight and engage the faith of our respective\\nconstituents, that they shall abide by the determinations of the\\nUnited States, in Congress assembled, on all questions which by\\nthe said Confederation are submitted to them and that the\\nArticles thereof shall be inviolably observed by the States we\\nrespectively represent, and that the Union shall be perpetual.\\nIn witness whereof we have hereunto set our hands in Con-\\ngress. Done at Philadelphia in the State of Pennsylvania\\nthe ninth day of July in the year of our Lord one thousand\\nseven hundred and seventy-eight, and in the third year of\\nthe independence of America.\\nAPPENDIX B.\\nTHE CONSTITUTION OF THE UNITED STATES.\\nPkeamble.i\\nWe, the people of the United States, in order to form a more\\nperfect union, establish justice, insure domestic tranquillity, pro-\\nvide for the common defence, promote the general welfare, and\\nsecure the blessings of liberty to ourselves and our posterity, do\\noi dain and establish this Constitution for the United States of\\nAmerica.\\nArticle I. Legislative Department.^\\nSection I. Congress in General.\\nAll legislative powers herein granted shall be vested in a\\nCongress of the United States, which shall consist of a Senate\\nand House of Representatives.\\nSection II. House of Representatives.\\n1. The House of Representatives shall be composed of mem-\\nbers chosen every second year by the people of the several\\nStates, and the electors in each State shall have the qualificar\\ntious requisite for electors of the most numerous branch of the\\nState legislature.\\ni Compare this Preamble with Confed. Art. I. and III.\\n2 Compare Art. L. i.-vii. with Confed. Art. V.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0325.jp2"}, "326": {"fulltext": "288 APPENDIX B.\\n2. No person shall be a Representative who shall not have\\nattained the age of twenty-five years, and been seven years a\\ncitizen of the United States, and who shall not, when elected,\\nbe an inhabitant of that State in which he shall be chosen.\\n3. Representatives and direct taxes shall be apportioned\\namong the several States which may be included within this\\nUnion, according to their respective numbers, which shall be\\ndetermined by adding to the whole number of free persons, in-\\ncluding those bound to service for a term of years, and exclud-\\ning Indians not taxed, three fifths of all other persons. The\\nactual enumeration shall be made within three years after the\\nfirst meeting of the Congress of the United States, and within\\nevery subsequent terra of ten years, in such manner as they\\nshall by law direct. The number of Representatives shall not\\nexceed one for every thirty thousand, but each State shall have\\nat least one Representative; and until such enumeration shall\\nbe made, the State of New Hampshire shall be entitled to choose\\nthree, Massachusetts eight, Rhode Island and Providence Planta\\ntions one, Connecticut five, New Yorlc six, New Jersey four,\\nPennsylvania eight, Delaware one, Maryland six, Virginia ten,\\nNorth Carolina five. South Carolina five, and Georgia three.\\n4. When vacancies happen in the representation from any\\nState, the executive authority thereof shall issue wi its of election\\nto fill such vacancies.\\n5. The House of Representatives shall choose their Speaker\\nand other officers, and shall have the sole power of impeach-\\nment.\\nSection III. Senate.\\n1. The Senate of the United States shall be composed of two\\nSenators from each State, chosen by the legislature thereof, for\\nsix years and each Senator shall have one vote.\\n2. Immediately after they shall be assembled in consequence\\nof the first election, they shall be divided as equally as may be\\ninto three classes. The seats of the Senators of the first class\\nshall be vacated at the expiration of the second year of the\\nsecond class, at the expiration of the fourth year, and of the\\nthird class, at the expiration of the sixth year, so that one third\\nmay be chosen every second year; and if vacancies happen by\\nresignation or otherwise during the recess of the legislature of\\nany State, the executive thereof may make temporary appoint-\\nments until the next meeting of the legislature, which shall then\\nfill such vacancies.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0326.jp2"}, "327": {"fulltext": "ONSTITUTION. 289\\n3. No person shall be a Senator who shall not have attained\\nto the age of thirty years, and been nine years a citizen of the\\nUnited States, and who shall not, when elected, be an inhabit-\\nant of that State for which he shall be chosen.\\n4. The Vice-President of the United States shall be President\\nof the Senate, but shall have no vote, unless they be equally\\ndivided.\\n5. The Senate shall choose their other officers, and also a\\nPresident pro tempore in the absence of the Vice-President, or\\nwhen he shall exercise the office of President of the United\\nStates.\\n6. The Senate shall have ths sole power to try all impeach-\\nments. When sitting for that purpose, they shall be on oath or\\naffirmation. When the President of the United States is tried,\\nthe Chief Justice shall preside: and no person shall be convicted\\nwithout the concurrence of two thirds of the members present.\\n7. Judgment in cases of impeachment shall not extend further\\nthan to removal from office, and disqualification to hold and\\nenjoy any office of honour, trust, or profit under the United\\nStates; but the party convicted shall, nevertheless, be liable\\nand subject to indictment, trial, judgment, and punishment, ac-\\ncording to law.\\nSection IV. Both Houses.\\n1. The times, places, and manner of holding elections for\\nSenators and Representatives shall be prescribed in each State\\nby the legislature thereof; but the Congress may at any time\\nby law make or alter such regulations, except as to the places\\nof choosing Senators.\\n2. The Congress shall assemble at least once in every year,\\nand such meeting shall be on the first Monday in December,\\nunless they shall by law appoint a different day.\\nSection V. The Houses Separately/.\\n1. Each house shall be the judge of the elections, returns, and\\nqualifications of its own members, and a majority of each shall\\nconstitute a quorum to do business; but a smaller number may\\nadjourn from day to day, and may be authorized to compel the\\nattendance of absent members, in such manner, and under such\\npenalties, as each house may provide.\\n2. Each house may determine the rules of its proceedings,\\npunish its members for disorderly behaviour, and with the con-\\neurrence of two thirds, expel a member.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0327.jp2"}, "328": {"fulltext": "290 APPENDIX B,\\n3. Each house shall keep a journal of its proceedings, and\\nfrom time to time publish the same, excepting such parts as may\\nin their judgment require secrecy, and the yeas and nays of the\\nmembers of either house on any question shall, at the desire of\\none fifth of those present, be entered on the journal.\\n4. Neither house, during the session of Congress, shall, with-\\nout the consent of the other, adjourn for more than three days,\\nnor to any other place than that in which the two houses shall\\nbe sitting.\\nSection VI. Privileges and Disabilities of Menders.\\n1. The Senators and Representatives shall receive a compen-\\nsation for their services, to be ascertained by law and paid out\\nof the Treasury of the United States. They shall, in all cases\\nexcept treason, felony, and breach of the peace, be privileged\\nfrom arrest during their attendance at the session of their re-\\nspective houses, and in going to and returning from the same\\nand for any speech or debate in either house they shall not be\\nquestioned in any other place.\\n2. No Senator or Representative shall, during the time for\\nwhich he was elected, be appointed to any civil office under the\\nauthority of the United States, which shall have been created,\\nor the emoluments whereof shall have been. increased during\\neuch time; and no person holding any office under the United\\nStates shall be a member of either house during his continuance\\nin office.\\nSection VII. Mode of Passing Laws.\\n1. All bills for raising revenue shall originate in the House of\\nRepresentatives; but the Senate may propose or concur with\\namendments as on other bills.\\n2. Every bill which shall have passed the House of Repre-\\nsentatives and the Senate shall, before it become a law, be pre-\\nsented to the President of the United States; if he approve he\\nshall sign it, but if not he shall return it, with his objections, to\\nthat house in which it shall have originated, who shall enter the\\nobjections at large on their journal and proceed to reconsider\\nit. If after such reconsideration two thirds of that house shall\\nagree to pass the bill, it shall be sent, together with the objec-\\ntions, to the other house, by which it shall likewise be recon-\\nsidered, and if approved by two thirds of that honse it shall\\nbecome a law. But in all such cases the votes of both houses\\nshall be determined by yeas and nays, and the names of th\u00c2\u00ab", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0328.jp2"}, "329": {"fulltext": "THE CONSTITUTION. 291\\npersons voting for and against the bill shall be entered on the\\njournal of each house respectively. If any bill shall not be re-\\nturned by the President within ten days (Sundays excepted)\\nafter it shall have been presented to him, the same shall be a\\nlaw, in like manner as if he had signed it, unless the Congress\\nby their adjournment prevent its return, in which case it shall\\nnot be a law.\\n3. Every order, resolution, or vote to which the concurrence\\nof the Senate and House of Representatives may be necessary\\n(except on a question of adjournment) shall be presented to the\\nPresident of the United States; and before the same shall take\\neffect, shall be approved by him, or being disapproved by him,\\nshall be repassed by two thirds of the Senate and House of\\nRepresentatives, according to the rules and limitations pre-\\nscribed in the case of a bill.\\nSection VIII. Powers granted to Congress.^\\nThe Congress shall have power\\n1. To lay and collect taxes, duties, imposts, and excises, to\\npay the debts and provide for the common defense and general\\nwelfare of the United States; but all duties, imposts, and ex-\\ncises shall be uniform throughout the United States;\\n2. To borrow money on the credit of the United States;\\n3. To regulate commerce with foreign nations and among the\\nseveral States, and with the Indian tribes;\\n4. To establish an uniform rule of naturalization, and uni-\\nform laws on the subject of bankruptcies throughout the United\\nStates\\n_. 6. To coin money, regulate the value thereof, and of foreign\\ncoin, *ind fix the standard of weights and measures;\\n6. To provide for the punishment of counterfeiting the secu-\\nrities and current coin of the United States\\n7. To establish post-offices and post-roads;\\n8. To promote the progress of science and useful arts by se-\\ncuring for limited times to authors and inventors the exclusive\\nright to their respective writings and discoveries;\\n9. To constitute tribunals inferior to the Supreme Court;\\n10. To define and punish piracies and felonies committed on\\nthe high seas and offenses against the law of nations;\\n1 Compare viii. and ix. with Confed. Art. IX. clause 1 of viii.\\nwith Confed. Art. VIII. and clause 12 of viii. with Confed. Art.\\nVII.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0329.jp2"}, "330": {"fulltext": "292 APPENDIX B.\\n11. To declare war, grant letters of marque and reprisal, and\\nmake rules concerning captures on land and water;\\n12. To raise and support armies, but no appropriation of\\nmoney to that use shall be for a longer term than two years;\\n13. To provide and maintain a navy;\\n14. To make rules for the government and regulation of the\\nland and naval forces.\\n15. To provide for calling forth the militia to execute the\\nlaws of the Union, suppress insurrections, and repel invasions;\\nC^ 16. To provide for organizing, arming, and disciplining the\\nvivdv2**inilitia, and for governing such part of them as may be em-\\nit*^ ployed in the service of the United Stafes, reserving to the\\nStates respectively the appointment of the officers, and the\\nauthority of training the militia according to the discipline\\nprescribed by Congress;\\n17. To exercise exclusive legislation in all cases whatsoever\\nover such district (not exceeding ten miles square) as may, by\\ncession of particular States and the acceptance of Congress, be-\\ncome the seat of the Government of the United States, and to\\nexercise like authority over all places purchased by the consent\\nof the legislature of the State in which the same shall be, for\\nthe erection of forts, magazines, arsenals, dockyards, and other\\nneedful buildings and\\n18. To make all laws which shall be necessary and proper\\nfor carrying into execution the foregoing powers, and all other\\npowers vested by this Constitution in the Government of the\\nUnited States, or in any department or officer thereof.^\\nSection IX. Poivers denied to the United States.\\n1 The migration or importation of such persons as any of the\\nStates now existing shall think proper to admit shall not be pro-\\nhibited by the Congress prior to the year one thousand eight\\nhundred and eight, but a tax or duty may be imposed on such\\nimportation, not exceeding ten dollars for each person. i\\n2. The privilege of the writ. of habeas corpus shall not be sus-\\npended, unless when in cases of rebellion or invasion the public\\nsafety may require it.\\n3. No bill of attainder or ex post facto law shall be passed.\\n4. No capitation or other direct tax shall be laid, unless in\\n1 This is the Elastic Clause in the interpretation of which arose the\\noriginal and fundamental division of political parties. See above,\\npp. 245, 259.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0330.jp2"}, "331": {"fulltext": "THE CONS ION. 293\\nproportion to the census or euumeration hereinbefore directed\\nto be taken.\\n6. No tax or duty shall be laid on articles exported from any\\nState.\\n6. No preference shall be given by any regulation of com-\\nmerce or revenue to the ports of one State over those of an-\\nother; nor shall vessels bound to or from one State be obliged\\nto enter, clear, or pay duties in another.\\n7. No money shall be drawn from the Treasury but in con-\\nsequence of appropriations made by law; and a regular state-\\nment and account of the receipts and expenditures of all public\\nmoney shall be published from time to time.\\n8. No title of nobility shall be granted by the United States;\\nand no person holding any office of profit or trust under them\\nshall, without the consent of the Congress, accept of any present,\\nemolument, office, or title, of any kind whatever, from any king,\\nprince, or foreign State.\\nSection X. Powers denied to the States.^\\n1. No State shall enter into any treaty, alliance, or confedera-\\ntion; grant letters of marque and reprisal; coin money; emit\\nbills of credit make anything but gold and silver coin a tender\\nin payment of debts; pass any bill of attainder, ex post facto\\nlaw, or law impairing the obligation of contracts, or grant any\\ntitle of nobility.\\n2. No State shall, without the consent of Congress, lay any\\nimposts or duties on imports or exports, except what may be\\nabsolutely necessary for executing its inspection laws and the\\nnet produce of all duties and imposts, laid by any State on im-\\nports or exports, shall be for the use of the Treasury of the\\nUnited States and all such laws shall be subject to the revision\\nand control of the Congress.\\n3. No State shall, without the consent of Congress, lay any\\nduty of tonnage, keep troops or ships of war in time of peace,\\nenter into any agreement or compact with another State or with\\na foreign power, or engage in war, unless actually invaded or in\\nsuch imminent danger as will not admit of delay.\\n1 Compare x. with Confed. Art. VI-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0331.jp2"}, "332": {"fulltext": "294 ^APPINDIX B.\\nArticle II. Executive Department.^\\nSection I. President and Vice-President.\\n1. The executive power shall be vested in a President of the\\nUnited States of America. He shall hold his office durino- the\\nterm of four years, and together with the Vice-President, chosen\\nfor the same term, be elected as follows\\n2. Each State shall appoint, in such manner as the legislature\\nthereof may direct, a number of electors, equal to the whole\\nnumber of Senators and Representatives to which the State may\\nbe entitled in the Congress but no Senator or Representative,\\nor person holding an \\\\^g^oi trust or profit under the United\\nStates, shall be dippointed an elector.\\n3. [The electors shall meet in their respective States and vote\\nby ballot for two persons, of whom one at least shall not be an\\ninhabitant of the same State with themselves. And they shall\\nmake a list of all the persons voted for, and of the number of\\nvotes for each which list they shall sign and certify, and trans-\\nmit sealed to the seat of government of the United States,\\ndirected to the President of the Senate. The President of the\\nSenate shall, in the presence of the Senate and House of Rep-\\nresentatives, open all the certificates, and the votes shall then\\nbe counted. The person having the greatest number of votes\\nshall be the President, if such number be a majority of the\\nwhole number of electors appointed and if there be more than\\none who have such majority, and have an equal number of\\nvotes, then the House of Representatives shall immediately\\nchoose by ballot one of them for President and if no person\\nhave a majority, then from the five highest on the list the said\\nHouse shall in like manner choose the President. But in\\nchoosing the President the votes shall be taken by States, the\\nrepresentation from each State having one vote a quorum for\\nthis purpose shall consist of a member or members from two\\nthirds of the States, and a majority of all the States shall be\\nnecessary to a choice. In every case, after the choice of the\\nPresident, the person having the greatest number of votes of the\\nelectors shall be the Vice-President. But if there should remain\\ntwo or more who have equal votes, the Senate shall choose from\\nthem by ballot the Vice-President.]\\n1 Compare Art. II. with Confed. Art. X.\\nThis clause of the Constitution has been amended. See Amend-\\nments, Art. XII.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0332.jp2"}, "333": {"fulltext": "THE CONSTITUTION. 296\\n4. The Congress may determine the time of choosing the\\nelectors and the day on which they shall give their votes, which\\nday shall be the same throughout the United States.\\n6. No person except a natural-born citizen, or a citizen of the\\nUnited States at the time of the adoption of this Constitution,\\nshall be eligible to the office of President neither shall any\\nperson be eligible to that office who shall not have attained to\\nthe age of thirty-five years, and been fourteen years a resident\\nwithin the United States.\\n6. In case of the removal of the President from office, or of\\nhis death, resignation, or inability to discharge the powers and\\nduties of the said office, the same shall devolve ou the Vice-\\nPresident, and the Congress may by law provide for the case of\\nremoval, death, resignation, or inability, both of the President\\nand Vice-President, declaring what officer shall then act as\\nPresident, and such officer shall act accordingly until the dis-\\nability be removed or a President shall be elected.\\n7. The President shall, at stated times, receive for his services\\na compensation, which shall neither be increased nor diminished\\nduring the period for which he may have been elected, and he\\nshall not receive within that period any other emolument from\\nthe United States or any of them.\\n8. Before he enter on the execution of his office he shall take\\nthe following oath or affirmation\\nI do solemnly swear (or affirm) that I will faithfully execute\\nthe office of President of the United States, and will to the best\\nof my ability preserve, protect, and defend the Constitution of\\nthe United States.\\nS. Section II. Potoers of the President.\\n1. The President shall be Commander-in-chief of the Army\\nand Navy of the United States, and of the militia of the several\\nStates when called into the actual service of the United States\\nhe may require the opinion, in writing, of the principal officer in\\neach of the executive departments, upon any subject relating to\\nthe duties of their respective offices, and he shall have power to\\ngrant reprieves and pardons for offenses against the United\\nStates, except in cases of impeachment.\\n2. He shall have power, by and with the advice and consent\\nof the Senate, to make treaties, provided two thirds of the Sen-\\nators present concur and he shall nominate, and, by and with\\nthe advice and consent of the Senate, shall appoint ambassa-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0333.jp2"}, "334": {"fulltext": "296 APPENDIX B.\\ndors, other public ministers and consuls, judges of the Supreme\\nCourt, and all other officers of the United States, whose appoint-\\nments are not herein otherwise provided for, and which shall\\nbe established by law but the Congress may by law vest the\\nappointment of such inferior officers, as they think proper, in\\nthe President alone, in the courts of law, or in the heads of de-\\npartments.\\n3. The President shall have power to fill up all vacancies that\\nmay happen during the recess of the Senate, by granting com-\\nmissions which shall expire at the end of their next session.\\nSection III. Duties of the President.\\nHe shall from time to time give to the Congress information\\nof the state of the Union, and recommend to their consideration\\nsuch measures as he shall judge necessary and expedient he\\nmay, on extraordinary occasions, convene both houses, or either\\nof them, and in case of disagreement between them with re-\\nspect to the time of adjournment, he may adjourn them to\\nsuch time as he shall think proper he shall receive ambassa-\\ndors and other public ministers he shall take care that the\\nlaws be faithfully executed, and shall commission all the officers\\nof the United States.\\nSection IV. Impeachment.\\nThe President, Vice-President, and all civil officers of the\\nUnited States shall be removed from office on impeachment\\nfor and conviction of treason, bribery, or other high crimes and\\nmisdemeanors.\\nArticle III. Judicial Department.^\\nSection I. United States Courts.\\nThe judicial power of the United States shall be vested in\\none Supreme Court, and in such inferior courts as the Congress\\nmay from time to time ordain and establish. The judges, both\\nof the supreme and inferior courts, shall hold their offices dur-\\ning good behaviour, and shall, at stated times, receive for their\\nservices a compensation which shall not be diminished during\\ntheir continuance in office.\\n1 Compare Art. III. with the first three paragraphs of Confed,\\nArt. IX.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0334.jp2"}, "335": {"fulltext": "THE CONSTITUTION. 297\\nSection II. Jurisdiction of the United States Cowrts.\\n1. The judicial power shall extend to all cases, in law and\\nequity, arising under this Constitution, the laws of the United\\nStates, and treaties made, or which shall be made, under their\\nauthority to all cases affecting ambassadors, other public minis-\\nters, and consuls to all cases of admiralty and maritime juris-\\ndiction to controversies to which the United States shall be a\\nparty to controversies between two or more States between a\\nState and citizens of another State between citizens of differ-\\nent States between citizens of the same State claiming lands\\nunder grants of different States, and between a State, or the citi-\\nzens thereof, and foreign States, citizens, or subjects.^\\n2. In all cases affecting ambassadors, other public ministers\\nand consuls, and those in which a State shall be a party, the Su-\\npreme Court shall have original jurisdiction. In all the other\\ncases before mentioned the Supreme Court shall have appellate\\njurisdiction, both as to law and fact, with such exceptions, and\\nunder such regulations as the Congress shall make.\\n3. The trial of all crimes, except in cases of impeachment,\\nshall be by jury and such trial shall be held in the State where\\nthe said crimes shall have been committed but when not com-\\nmitted within any State, the trial shall be at such place or places\\nas the Congress may by law have directed.\\nSection III. Treason.\\n1. Treason against the United States shall consist only in\\nlevying war against them, or in adhering to their enemies, giving\\nthem aid and comfort. No person shall be convicted of treason\\nunless on the testimony of two witnesses to the same overt act,\\nor on confession in open court.\\n2. The Congress shall have power to declare the punishment\\nof treason, but no attainder of treason shall work corruption of\\nblood or forfeiture except during the life of the person attainted.\\nArticle IV, The States akd the Federal Govern-\\nment.\\nSection I. State Records.\\nFull faith and credit shall be given in each State to the public\\nThis clause has been amended. See Amendments, Art. XI.\\n2 Compare Art. IV. with Confed Art. IV.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0335.jp2"}, "336": {"fulltext": "298 APPENDIX B.\\nacts, records, and judicial proceedings of every other State.\\nAnd the Congress may by general laws prescribe the manner in\\nwhich such acts, records, and proceedings shall be proved, and\\nthe effect thereof.\\nSection II. Privileges of Citizens, etc.\\n1. The citizens of each State shall be entitled to all privileges\\nand immunities of citizens in the several States.\\n2. A person charged in any State with treason, felony, or\\nother crime, who shall flee from justice, and be found in another\\nState, shall, on demand of the executive authority of the State\\nfrom which he fled, be delivered up, to be removed to the State\\nhaving jurisdiction of the crime.\\n3. No person held to service or labour in one State, under the\\nlaws thereof, escaping into another, shall, in consequence of any\\nlaw or regulation therein, be discharged from such service or\\nlabour, but shall be delivered up on claim of the party to whom\\nsuch service or labour may be due.^\\nSection III. New States and Territories.^\\n1. New States may be admitted by the Congress into this\\nUnion; but no new State shall be formed or erected within the\\njurisdiction of any other State; nor any State be formed by the\\njunction of two or more States or parts of States, without the\\nconsent of the legislatures of the States concerned as well as of\\nthe Congress.\\n2. The Congress shall have power to dispose of and make all\\nneedful rules and regulations respecting the territory or other\\nproperty belonging to the United States and nothing in this\\nConstitution shall be so construed as to prejudice any claims of\\nthe United States or of any particular State.\\nSection IV. Guarantee to the States.\\nThe United States shall guarantee to every State in this\\nUnion a republican form of government, and shall protect each\\nof them against invasion, and on application of the legislature,\\nor of the executive (when the legislature cannot be convened),\\nagainst domestic violence.\\n1 This clause has been cancelled by Amendment XIII., which abol-\\nishes slavery.\\n2 Compare iii. with Confed. Art. XI.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0336.jp2"}, "337": {"fulltext": "THE CONSTITUTION. 299\\nAbticle V. Power of Amendment.^\\nThe Congress, whenever two thirds of both houses shall deem\\nit necessary, shall propose amendments to this Constitution, or,\\non the application of the legislatures of two thirds of the several\\nStates, shall call a convention for proposing amendments, which\\nin either case shall be valid to all intents and purposes as part\\nof this Constitution, when ratified by the legislatures of three\\nfourths of the several States, or by conventions in three fourths\\nthereof, as the one or the other mode of ratification may be pro-\\nposed by the Congress, provided that no amendments which\\nmay be made prior to the year one thousand eight hundred and\\neight shall in any manner affect the first and fourth clauses in\\nthe ninth section of the first article; and that no State, without\\nits consent, shall be deprived of its equal suffrage in the Senate.\\nArticle VL Public Debt, Supremacy of the Consti-\\ntution, Oath of Office, Religious Test.\\n1. All debts contracted and engagements entered into, before\\nthe adoption of this Constitution, shall be as valid against the\\nUnited States under this Constitution as under the confedera-\\ntion.\\n2. This Constitution, and the laws of the United States which\\nshall be made in pursuance thereof, and all treaties made, or\\nwhich shall be made, under the authority of the United States,\\nshall be the supreme law of the land; and the judges in every\\nState shall be bound thereby, anything in the Constitution or\\nlaws of any State to the contrary notwithstanding.\\n3. The Senators and Representatives before mentioned, and\\nthe members of the several State legislatures, and all executive\\nand judicial officers both of the United States and of the several\\nStates, shall be bound by oath or afiirmation to support this\\nConstitution but no religious test shall ever be required as\\na qualification to any office or public trust under the United\\nStates.8\\nArticle VII. Ratification of the Constitution.\\nThe ratification of the conventions of nine States shall be\\n1 Compare Art. V. with Confed. Art. XIII.\\n2 Compare clause I with Confed. Art. XII.\\nCompare clauses 2 and 3 with Confed. Art. XIII. and addendum,\\nAnd whereas, etc.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0337.jp2"}, "338": {"fulltext": "300 APPENDIX B.\\nsufficient for the establishment of this Constitution between the\\nStates so ratifying the same.\\nDone in convention by the unanimous consent of the States\\npresent, 1 the seventeenth day of September, in the year of\\nour Lord one thousand seven hundred and eighty-seven,\\nand of the Independence of the United States of America\\nthe twelfth. In witness whereof, we have hereunto sub-\\nscribed our names.\\nGeorge Washington, President, and Deputy from Virginia.\\nNevt Hampshire John Langdon, Nicholas Gilman.\\nMassachusetts Nathaniel Gorham, Rufus King.\\nConnecticut William Samuel Johnson, Roger Sherman.\\nNew York Alexander Hamilton.\\nNew Jersey William Livingston, David Brearly, William\\nPatterson, Jonathan Dayton.\\nPennsylvania Benjamin Franklin, Thomas Mifflin, Robert\\nMorris, George Clymer, Thomas Fitzsimons, Jared Ingersoll,\\nJames Wilson, Gouverneur Morris.\\nDelaware George Read, Gunning Bedford, Jr., John Dick-\\ninson, Richard Bassett, Jacob Broom.\\nMaryland James McHenry, Daniel of St. Thomas Jenifer,\\nDaniel Carroll.\\nVirginia John Blair, James Madison, Jr.\\nNorth Carolina William Blount, Richard Dobbs Spaight,\\nHugh Williamson.\\nSouth Carolina John Rutledge, Charles Cotesworth Pinck-\\nney, Charles Pinckney, Pierce Butler.\\nGeorgia William Few, Abraham Baldwin.\\nAttest William Jackson, Secretary.\\nAMENDMENTS.^\\nArticle I.\\nCongress shall make no law respecting an establishment of\\nreligion, or prohibiting the free exercise thereof; or abridging\\nthe freedom of speech or of the press; or the right of the people\\n1 Rhode Island sent no delegates to the Federal Convention.\\n2 Amendments I. to X. were proposed by Congress, Sept. 25, 1789,\\nand declared in force Dec. 15, 1791.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0338.jp2"}, "339": {"fulltext": "THE CONSTITUTION. 801\\npeaceably to assemble, and to petition the government for a\\nredress of grievances.\\nArticle II.\\nA well-regulated militia being necessary to the security of a\\nfree state, the right of the people to keep and bear arms shall\\nnot be infringed.\\nArticle III.\\nNo soldier shall, in time of peace, be quartered in any house\\nwithout the consent of the owner, nor in time of war, but in a\\nmanner to be prescribed by law.\\nArticle IV.\\nThe right of the people to be secure in their persons, houses,\\npapers, and effects, against unreasonable searches and seizures,\\nshall not be violated, and no warrants shall issue but upon prob-\\nable cause, supported by oath or affirmation, and particularly\\ndescribing the place to be searched, and the persons or things to\\nibe seized.\\nArticle V.\\nNo person shall be held to answer for a capital or otherwise\\ninfamous crime, unless on a presentment or indictment of a\\ngrand jury, except in cases arising in the land or naval forces,\\nor in the militia, when in actual service in time of war or public\\ndanger nor shall any person be subject for the same ofPence to\\nbe twice put in jeopardy of life or limb nor shall be compelled\\nin any criminal case to be a witness against himself, nor be de-\\nprived of life, liberty, or property, without due process of law\\nnor shall private property be taken for public use without just\\ncompensation.\\nArticle VI.\\nIn all criminal prosecutions the accused shall enjoy the right\\nto a speedy and public trial, by an impartial jury of the state\\nand district wherein the crime shall have been committed,\\nwhich district shall have been previously ascertained by law,\\nand to be informed of the nature and cause of the accusation\\nto be confronted with the witnesses against him to have com-\\npulsory process for obtaining witnesses in his favour, and to have\\nthe assistance of counsel for his defence.\\nArticle VII.\\nIn suits at common law, where the value in controversy shall", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0339.jp2"}, "340": {"fulltext": "302 APPENDIX B.\\nexceed twenty dollars, the right of trial by jury shall be pre-\\nserved, and no fact tried by a jury shall be otherwise reexam-\\nined in any court of the United States, than according to the\\nrules of the common law.\\nArticle VIII.\\nExcessive bail shall not be required, nor excessive fines im-\\nposed, nor cruel and unusual punishments inflicted.\\nArticle IX.\\nThe enumeration in the Constitution of certain rights shall\\nnot be construed to deny or disparage others retained by the\\npeople.\\nArticle X.^\\nThe powers not delegated to the United States by the Con-\\nstitution, nor prohibited by it to the States, are reserved to the\\nStates respectively or to the people.\\nArticle XI.\\nThe judicial power of the United States shall not be con-\\nstrued to extend to any suit in law or equity, commenced or\\nprosecuted against one of the United States by citizens of\\nanother State, or by citizens or subjects of any foreign State.\\nArticle XII.\\n1. The electors shall meet in their respective States and vote\\nby ballot for President and Vice-President, one of whom, at\\nleast, shall not be an inhabitant of the same State with them-\\nselves they shall name in their ballots the person voted for as\\nPresident, and in distinct ballots the person voted for as Vice-\\nPresident, and they shall make distinct lists of all persons voted\\nfor as President and of all persons voted for as Vice-President,\\nand of the number of votes for each which lists they shall sign\\nand certify, and transmit sealed to the seat of the government\\nof the United States, directed to the President of the Senate.\\nThe President of the Senate shall, in the presence of the Senate\\nand House of Kepresentatives, open all the certificates and the\\n1 Compare Amendment X. with Confed. Art. II.\\n2 Proposed by Congress March 5, 1794, and declared in force Jan.\\n8, 1798.\\nProposed by Congress Dec. 12, 1803, and declared in force Sept\\n26, 1804.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0340.jp2"}, "341": {"fulltext": "THE CONSTITUTION. 303\\nvotes shall then be counted. The person having the greatest\\nnumber of votes for President shall be the President, if such\\nnumber be a majority of the whole number of electors appointed;\\nand if no person have such majority, then from the persons hav-\\ning the highest numbers not exceeding three on the list of those\\nvoted for as President, the House of Representatives shall\\nchoose immediately, by ballot, the President. But in choosing\\nthe President the votes shall be taken by States, the represen-\\ntation from each State having one vote; a quorum for this pur-\\npose shall consist of a member or members from two thirds of\\nthe States, and a majority of all the States shall be necessary to\\na choice. And if the House of Representatives shall not choose\\na President whenever the right of choice shall devolve upon\\nthem, before the fourth day of March next following, then the\\nVice-President shall act as President, as in the case of the death\\nor other constitutional disability of the President.\\n2. The person having the greatest number of votes as Vice-\\nPresident shall be the Vice-President, if such number be a ma-\\njority of the whole number of electors appointed and if no\\nperson have a majority, then from the two highest numbers on\\nthe list the Senate shall choose the Vice-President; a quorum\\nfor the purpose ^shall consist of two thirds of the whole number\\nof Senators, and a majority of the whole number shall be neces-\\nsary to a choice.\\n3. But no person constitutionally ineligible to the office of\\nPresident shall be eligible to that of Vice-President of the\\nUnited States.\\nArticle XHI.^\\n1. Neither slavery nor involuntary servitude, except as a\\npunishment for crime whereof the party shall have been duly\\nconvicted, shall exist within the United States or any place\\nsubject to their jurisdiction.\\n2. Congress shall have power to enforce this article by appro-\\npriate legislation.\\nArticle XIV.2\\n1. All persons born or naturalized in the United States, and\\nProposed by Congress Feb. 1, 1865, and declared in force Dec.\\n18, 1865.\\n2 Proposed by Congress June 16, 1866, and declared in force July\\n28, 1868.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0341.jp2"}, "342": {"fulltext": "304 APPENDIX B.\\nsubject to the jurisdiction thereof, are citizens of the United\\nStates and of the State wherein they reside. No State shall\\nmake or enforce any law which shall abridge the privileges or\\nimmunities of citizens of the United States nor shall any\\nState deprive any person of life, liberty, or property, without\\ndue process of law nor deny to any person within its jurisdic-\\ntion the equal protection of the laws.\\n2. Representatives shall be apportioned among the several\\nStates according to their respective numbers, counting the\\nwhole number of persons in each State, excluding Indians not\\ntaxed. But when the right to vote at any election for the\\nchoice of electors for President and Vice-President of the United\\nStates, Eepresentatives in Congress, the executive and judicial\\nofficers of a State, or the members of the legislatui e thereof, is\\ndenied to any of the male inhabitants of such State, being\\ntwenty-one years of age, and citizens of the United States, or in\\nany way abridged, except for participation in rebellion, or other\\ncrime, the basis of representation therein shall be reduced in\\nthe proportion which the number of such male citizens shall\\nbear to the whole number of male citizens twenty-one years of\\nage in such State.\\n3. No person shall be a Senator or Representative in Con-\\ngress, or elector of President and Vice-President, or hold any\\noffice, civil or military, under the United States or under any\\nState, who, having previously taken an oath as a member of\\nCongress, or as an officer of the United States, or as a member\\nof any State legislatm e, or as an executive or judicial officer of\\nany State, to support the Constitution of the United States,\\nshall have engaged in insurrection or rebellion against the\\nsame, or given aid or comfort to the enemies thereof. But\\nCongress may, by a vote of two thirds of each house, remove\\nsuch disability.\\n4. The validity of the public debt of the United States, aii-\\nthorized by law, including debts incurred for payment of pen-\\nsions and bounties for services in suppressing insurrection or\\nrebellion, shall not be questioned. But neither the United\\nStates nor any State shall assume or pay any debt or obligation\\nincurred in aid of insurrection or rebellion against the United\\nStates, or any claim for the loss or emancipation of any slave;\\nbut all such debts, obligations, and claims shall be held illegal\\nand void.\\n5. The Congress shall have power to enforce, by appropriate\\nlegislation, the provisions of this article.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0342.jp2"}, "343": {"fulltext": "THE CONSTITUTION. 305\\nArticle XV.^\\n1. The right of citizens of the United States to vote shall not\\nbe denied or abridged by the United States or by any State on\\naccount of race, colour, or previous condition of servitude.\\n2. The Congress shall have power to enforce this article by\\nappropriate legislation.\\nFRANKLIN S SPEECH ON THE LAST DAY OF\\nTHE CONSTITUTIONAL CONVENTION.^\\nMoNDAT, September 1 7. In Convention The engrossed\\nConstitution being read, Doctor Franklin rose with a speech in\\nhis hand, tvhich he had reduced to writing for his own con-\\nvenience, and which Mr. Wilson read in the words following:\\nMr. President I confess that there are several parts of\\nthis Constitution which I do not at present approve, but I am not\\nsure I shall never approve them. For, having lived long, I have\\nexperienced many instances of being obliged by better informa-\\ntion, or fuller consideration, to change opinions even on impor-\\ntant subjects which I once thought right, but found to be\\notherwise. It is therefore that, the older I grow, the more apt\\nI am to doubt my own- judgment, and to pay more respect to\\nthe judgment of others. Most men, indeed, as well as most\\nsects in religion, think themselves in possession of all truth, and\\nthat wherever others differ from them it is so far error. Steele,\\na Protestant, in a dedication tells the Pope that the only differ-\\nence between our churches, in their opinions of the certainty of\\ntheir doctrines, is, the Church of Rome is infallible, and the\\nChurch of England is never in the wrong. But though many\\nprivate persons think almost as highly of their own infallibility\\nas of that of their sect, few express it so naturally as a certain\\nFrench lady who, in a dispute with her sister, said, I don t know\\nhow it happens, sister, but I meet with nobody but myself that\\nis always in the right il n y a que moi qui a toujours raison.\\nIn these sentiments, sir, I agree to this Constitution, with all its\\n1 Proposed by Congress Feb. 26, 1 869, and declared in force March\\n30, 1870.\\n2 Fjom Madison s Journal, in Eliot s Debates, vol. v. p. 554.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0343.jp2"}, "344": {"fulltext": "306 APPENDIX B.\\nfaults, if they are such, because I think a General Government\\nnecessary for us, and there is no form of government but what\\nmay be a blessing to the people if well administered; and believe\\nfurther, that this is likely to be well administered for a course\\nof years, and can only end in despotism, as other forms have\\ndone before it, when the people shall become so corrupted as to\\nneed despotic government, being incapable of any other. I\\ndoubt, too, whether any other Convention we can obtain may be\\nable to make a better Constitution. For when you assemble a\\nnumber of men to have the advantage of their joint wisdom, you\\ninevitably assemble with those men all their prejudices, their\\npassions, their errors of opinion, their local interests, and their\\nselfish views. From such an assembly can a perfect production\\nbe expected? It, therefore, astonishes me, sir, to find this sys-\\ntem approaching so near to perfection as it does: and I think it\\nwill astonish our enemies, who are waiting with confidence to hear\\nthat our councils are confounded, like those of the builders of\\nBabel, and that our States are on the point of separation, only to\\nmeet hereafter for the purpose of cutting one another s throats.\\nThus I consent, sir, to this Constitution because I expect no bet-\\nter, and because I am not sure that it is not the best. The opin-\\nions I have had of its errors I sacrifice to the public good. I have\\nnever whispered a syllable of them abroad. Within these walls\\nthey were born and here they shall die. If every one of us, in\\nreturning to our constituents, were to report the objections he\\nhas had to it, and endeavour to gain partisans in support of them,\\nwe might prevent its being generally received, and thereby lose\\nall the salutary effects and great advantages resulting naturally\\nin our favour among foreign nations as well as among ourselves,\\nfrom our real or apparent unanimity. Much of the strength\\nand efficiency of any government, in procuring and securing\\nhappiness to the people, depends on opinion on the general\\nopinion of the goodness of the government as well as of the wis-\\ndom and integrity of its governors. I hope, therefore, that for\\nour own sakes, as a part of the people, and for the sake of pos-\\nterity, we shall act heartily and unanimously in recommending\\nthis Constitution (if approved by Congress and confirmed by the\\nConventions) wherever our influence may extend, and turn our\\nfuture thoughts and endeavours to the means of having it well\\nadministered. On the whole, sir, I cannot help expressing a\\nwish that every member of the Convention who may still have\\nobjections to it would, with me, on this occasion doubt a little oi", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0344.jp2"}, "345": {"fulltext": "THE CONSTITUTION. 307\\nhis own infallibility, and, to make manifest our unanimity, put\\nhis name to this instrument.\\nHe then moved that the Constitution be signed by the mem-\\nbers, and offered the following as a convenient form, viz.:\\nDone in Convention by the unanimous consent of the States\\npresent the seventeenth of September, etc. In witness whereof\\nwe have hereunto subscribed our names. This ambiguous form\\nhad been drawn up by Mr. Gouveineur Morris, in order to\\ngain the dissenting members, and put into the hands of Doctor\\nFranklin, that it might have the better chance of success.\\n[Considerable discussion followed, Randolph and Gerry stating\\ntheir reasons for refusing to sign the Constitution. Mr. Hamil-\\nton expressed his anxiety that every member should sign. A\\nfew characters of consequence, he said, by opposing or even re-\\nfusing to sign the Constitution, might do infinite mischief by\\nkindling the latent sparks that lurk under an enthusiasm in\\nfavour of the Convention which may soon subside. No man s\\nideas were more remote from the plan than his own were known\\nto be; but is it possible to deliberate between anarchy and con-\\nvulsion on one side, and the chance of good to be expected\\nfrom the plan on the other? This discussion concluded, the\\nConvention voted that its journal and other papers should be\\nretained by the President, subject to the order of Congress.]\\nThe members then proceeded to sign the Constitution as finally\\namended. The Constitution being signed by all the members\\nexcept Mr. Randolph, Mr. Mason, and Mr. Gerry, who declined\\ngiving it the sanction of their names, the Convention dissolved\\nitself by an adjournment sine die.\\nWhilst the last members were signing, Doctor Franklin, look-\\ning towards the President s chair, at the back of which a rising\\nsun happened to be painted, observed to a few members near\\nliim that painters had found it difficult to distinguish in their\\nart a rising from a setting sun. I have, said he, often and often,\\nin the course of the session, and the vicissitudes of my hopes and\\nfears as to its issue, looked at that behind the President without\\nbeing able to tell whether it was rising or setting; but now, at\\nlength, I have the happiness to know that it is a rising, and not\\na setting, sun.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0345.jp2"}, "346": {"fulltext": "308 APPENDIX C.\\nAPPENDIX C.\\nMAGNA CHARTA.i\\nOr the Great Charter of Kixg Johx, granted June 15, a. d\\n1215.\\nJohn, by the Grace of God, King of England, Lord of Ire-\\nland, Duke of Normandy, Aquitaine, and Count of Anjou, to his\\nArchbishops, Bishops, Abbots. Earls, Barons, Justiciaries, For-\\nesters, Sheriffs. Governors, Ollioers, and to all BailitYs, and his\\nfaithful subjects, greeting. Know ye, that we, in the presence\\nof God, and for the salvation of our soul, and the souls of all\\nour ancestors and heirs, and unto the honour of God and the\\nadvancement of Holy Church, and amendment of our Realm,\\nby advice of our venerable Fathers, Stephen, Archbishop of\\nCanterbury, Primate of all England and Cardinal of the Holy\\nRoman Chui-ch Henry, Archbishop of Dublin William, of\\nLondon Peter, of Winchester Jocelin of Bath and Glaston-\\nbury Hugh, of Lincoln Walter, of AVorcester William, of\\nCoventry Benedict, of Rochester Bishops of Master Pan-\\ndulph, Sub-Deacon and Familiar of our Lord the Pope Bi-other\\nAymeric, Master of the Knights-Templars in England and of\\nthe noble Persons, William Marescall, Earl of Pembroke Wil-\\nliam, Earl of Salisbury William, Earl of Warren William,\\nEarl of Arundel; Alan de Galloway, Constable of Scotland;\\nWarin Fitz Gerald, Peter Fitz Herbert, and Hubert de Burgh,\\nSeneschal of Poitou; Hugh de Neville. Matthew FitzHerbert,\\nThomas Basset, Alan Basset. Philip of Albiney. Robert de Rop-\\npell, John Mareschal. John FitzHugh, and others, our liegemen,\\nhave, in the first place, granted to God, and by this our present\\nCharter contirmed, for us and our heirs for ever\\n1. That the Church of England shall be free, and have her\\nwhole rights, and her liberties inviolable and we will have\\nthem so observed, that it may appear thence that the freedom\\nof elections, which is reckoned chief and indispensable to the\\nEnglish Church, and which we granted and confirmed by our\\nCharter, and obtained the confirmation of the same from our\\nLord the Pope Innocent IH., before the discord between us and\\nour barons, was granted of mere free will which Charter we\\n1 I have, by permission, reproduced the Old South Leaflet, with ita\\nnotes, etc., in full.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0346.jp2"}, "347": {"fulltext": "MAGNA CHARTA. 309\\neliall observe, and we do will it to be faithfully observed by our\\nheirs for ever.\\n2. We also have granted to all the freemen of our kingdom,\\nfor us and for our heirs for ever, ail the underwritten liberties, to\\nbe had and holden by them and their heirs, of us and our heirs\\nfor ever If any of our earls, or barons, or others, who hold of\\nus in chief by military service, shall die, and at the time of his\\ndeath his heir shall be of full age, and owe a relief, he shall have\\nhis inheritance by the ancient relief that is to say, the heir or\\nheirs of an earl, for a whole earldom, by a hundred pounds the\\nheir or heirs of a baron, for a whole barony, by a hundred\\npounds the heir or heirs of a knight, for a whole knight s fee,\\nby a hundred shillings at most and whoever oweth less shall\\ngive less, according to the ancient custom of fees.\\n3. But if the heir of any such shall be under age, and shall\\nbe in ward, when he comes of age he shall have his inheritance\\nwithout relief and without fine.\\n4. The keeper of the land of such an heir being under age,\\nshall take of the land of the heir none but reasonable issues,\\nreasonable customs, and reasonable services, and that without\\ndestruction and waste of his men and his goods and if we\\ncommit the custody of any such lands to the sheriff, or any\\nother who is answerable to us for the issues of the land, and he\\nshall make destruction and waste of the lands which he hath in\\ncustody, we will take of him amends, and the land shall be\\ncommitted to two lawful and discreet men of that fee, who shall\\nanswer for the issues to us, or to him to whom we shall assign\\nthem and if we sell or give to any one the custody of any such\\nlands, and he therein make destruction or waste, he shall lose\\nthe same custody, which shall be committed to two lawful and\\ndiscreet men of that fee, who shall in like manner answer to us\\nas aforesaid.\\n5. But the keeper, so long as he shall have the custody of the\\nland, shall keep up the houses, parks, warrens, ponds, mills, and\\nother things pertaining to the land, out of the issues of the same\\nland and shall deliver to the heir, when he comes of full age,\\nhis whole land, stocked with ploughs and cari iages, according as\\nthe time of wainage shall require, and the issues of the land can\\nreasonably bear.\\n6. Heirs shall be married without disparagement, and so that\\nbefore matrimony shall be contracted, those who are near ia\\nblood to the heir shall have notice.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0347.jp2"}, "348": {"fulltext": "310 APPENDIX C.\\n7. A widow, after the death of her husband, shall forthwith\\nand without difficulty have her marriage and inheritance; nor\\nshall she give anything for her dower, or her marriage, or her\\ninheritance, which her husband and she held at the day of his\\ndeath and she may remain in the mansion house of her hus-\\nband forty days after his death, within which time her dower\\nshall be assigned.\\n8. No widow shall be distrained to marry herself, so long as\\nshe has a mind to live without a husband but yet she shall give\\nsecurity that she Avill not marry without our assent, if she hold\\nof us or without the consent of the lord of whom she holds, if\\nshe hold of another.\\n9. Neither we nor our bailiffs shall seize any land or rent for\\nany debt so long as the chattels of the debtor are sufficient to\\npay the debt nor shall the sureties of the debtor be distrained\\nso long as the principal debtor has sufficient to pay the debt;\\nand if the principal debtor shall fail in the payment of the debt,\\nnot having wherewithal to pay it, then the sureties shall answer\\nthe debt and if they will they shall have the lands and rents of\\nthe debtor, until they shall be satisfied for the debt which they\\npaid for him, unless the principal debtor can show himself ac-\\nquitted thereof against the said sureties.\\n10. If any one have borrowed anything of the Jews, more or\\nless, and die before the debt be satisfied, there shall be no inter-\\nest paid for that debt, so long as the heir is under age, of whom-\\nsoever he may hold and if the debt falls into our hands, we\\nwill only take the chattel mentioned in the deed.\\n11. And if any one shall die indebted to the Jews, his wife\\nshall have her dower and pay nothing of that debt and if the\\ndeceased left children under age, they shall have necessaries\\nprovided for them, according to the tenement of the deceased\\nand out of the residue the debt shall be paid, saving, however,\\nthe service due to the lords, and in like manner shall it be done\\ntouching debts due to others than the Jews.\\n12. No sciUage or aid^ shall be imposed in our kingdom, unless\\nby the general council of our kingdom except for ransoming our\\nperson, making our eldest son a knight, and once for marrying\\n1 In the time of the feudal system scutage was a direct tax in com-\\nmutation for military service aids were direct taxes paid by the\\ntenant to his lord for ransoming his person if taken captive, and foi\\nhelping defray the expenses of knighting hia eldest son and marrying\\nMs eldest daughter.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0348.jp2"}, "349": {"fulltext": "MAGNA CHART A. 311\\nour eldest daughter and for these there shall be paid no more\\nthan a reasonable aid. In like manner it shall be concerning\\nthe aids of the City of London.\\n13. And the City of London shall have all its ancient liberties\\nand free customs, as well by land as by water furthermore, we\\nwill and grant that all other cities and boroughs, and towns and\\nports, shall have all their liberties and free customs.\\n14. And for holding the general council of the kingdom con-\\ncerning the assessment of aids, except in the three cases aforesaid,\\nand for the assessing of scuiages, we shall cause to be swmnoned the\\narchbishops, bishops, abbots, earls, and greater barons of the realm,\\nsingly by our letters. And furthermore, we shall cause to be sum-\\nmoned generally, by our sheriffs and bailiffs, all others who hold of\\nus in chief, for a certain day, that is to say, forty days before their\\nmeeting at least, and to a certain place and in all letters of such\\nsummons we will declare the cause of such summons. And sum-\\nmons being thus made, the business shall proceed on the day ap-\\npointed, according to the advice of such as shall be present,\\nalthough all that were summoned come not.\\n15. We will not for the future grant to any one that he may\\ntake aid of his own free tenants, unless to ransom his body,\\nand to make his eldest son a knight, and once to marry his\\neldest daughter and for this there shall be only paid a reason-\\nable aid.\\n16. No man shall be distrained to perform more service for a\\nknight s fee, or other free tenement, than is due from thence.\\n17. Common pleas shall not follow our court, but shall be\\nhold en in some place certain.\\n18. Trials upon the Writs of Novel Disseisin, and of Mort\\nd ancestor,^ and of Darrein Presentment,^ shall not be taken\\nbut in their proper counties, and after this manner We, or if\\nwe should be out of the realm, our chief justiciary, will send\\ntwo justiciaries through every county four times a year, who,\\nwith four knights of each county, chosen by the county, shall\\nhold the said assizes in the county, on the day, and at the place\\nappointed.\\nDispossession.\\n2 Death of the ancestor that is, in cases of disputed succession to\\nland.\\nLast presentation to a benefice.\\nThe word Assize here means an assembly of knights or other\\nsubstantial persons, held at a certain time and place where they sit", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0349.jp2"}, "350": {"fulltext": "312 APPENDIX C.\\n19. And if any matters cannot be determined on the day ap-\\npointed for holding the assizes in each county, so many of the\\nknights and freeholders as have been at the assizes aforesaid shall\\nstay to decide them as is necessary, according as there is more\\nor less business.\\n20. A freeman shall not be amerced for a small offence, but\\nonly according to the degree of the offence and for a great\\ncrime according to the heinousness of it, saving to him his con-\\ntenement 1 and after the same manner a merchant, saving to\\nhim his merchandise. And a villein shall be amerced after the\\nsame manner, saving to him his wainage, if he falls under our\\nmercy and none of the aforesaid amerciaments shall be assessed\\nbut by the oath of honest men in the neighbourhood.\\n21. Earls and barons shall not be amerced but by their peers,\\nand after the degree of the offence.\\n22. No ecclesiastical person shall be amerced for his lay\\ntenement, but according to the proportion of the others afore-\\nsaid, and not according to the value of his ecclesiastical bene-\\nfice.\\n23. Neither a town nor any tenant shall be distrained to make\\nbridges or embankments, unless that anciently and of right they\\nare bound to do it.\\n24. No sheriff, constable, coroner, or other our bailiffs, shall\\nhold Pleas of the Crown.\\n25. All counties, hundreds, wapentakes, and trethings, shall\\nstand at the old rents, without any increase, except in our\\ndemesne manors.\\n26. If any one holding of us a lay fee die, and the sheriff, or\\nour bailiffs, show our letters patent of summons for debt which\\nthe dead man did owe to us, it shall be lawful for the sheriff or\\nour bailiff to attach and register the chattels of the dead, found\\nupon his lay fee, to the amount of the debt, by the view of law-\\nful men, so as nothing be removed until our whole clear debt be\\npaid and the rest shall be left to the executors to fulfil the tes-\\ntament of the dead and if there be nothing due from him to\\nwith the Justice. Assisa or Assize is also taken for the court,\\nplace, or time at which the writs of Assize are taken. Thompson s\\nNotes.\\n1 That hy which a person subsists and which is essential to his\\nrank in life.\\n2 These are suits conducted in the name of the Grown against crim-\\ninal offenders.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0350.jp2"}, "351": {"fulltext": "MAGNA CHART A. 313\\nus, all the chattels shall go to the use of the dead, saving to his\\nwife and children their reasonable shares.^\\n27. If any freeman shall die intestate, his chattels shall be\\ndistributed by the hands of his nearest relations and friends, by\\nview of the Church, saving to every one his debts which the\\ndeceased owed to him.\\n28. No constable or bailiff of ours shall take corn or other\\nchattels of any man unless he presently give him money for it,\\nor hath respite of payment by the good-will of the seller.\\n29. No constable shall distrain any knight to give money for\\ncastle-guard, if he himself will do it in his person, or by another\\nable man, in case he cannot do it through any reasonable cause.\\nAnd if we have carried or sent him into the army, he shall be\\nfree from such guard for the time he sliall be in the army by our\\ncommand.\\n30. No sheriff or bailiff of ours, or any other, shall take\\nhorses or carts of any freeman for carriage, without the assent\\nof the said freeman.\\n31. Neither shall we nor our bailiffs take any man s timber\\nfor our castles or other uses, unless by the consent of the owner\\nof the timber.\\n32. We will retain the lands of those convicted of felony only\\none year and a day, and then they shall be delivered to the lord\\nof the fee.2\\n33. All kydells (wears) for the time to come shall be put\\ndown in the rivers of Thames and Medway, and throughout all\\nEngland, except upon the sea-coast.\\n1 A person s goods were divided into three parts, of which one went\\nto his wife, another to his heirs, and a third he was at liberty to dis-\\npose of. If he had no child, his widow had half; and if he had chil-\\ndren, but no wife, half was divided amongst them. These several\\nsums were called reasonable shares. Through the testamentary\\njurisdiction they gradually acquired, the clergy often contrived to get\\ninto their own hands all the residue of the estate without paying the\\ndebts of the estate.\\n2 All forfeiture for felony has been abolished by the 33 and 34 Vic,\\nc. 23. It seems to have originated in the destruction of the felon s\\nproperty being part of the sentence, and this waste being com-\\nmuted for temporary possession by the Crown.\\n2 The purport of this was to prevent iuclosures of common prop-\\nerty, or committing a Purpresture. These wears are now called\\nkettles or kettle-nets in Kent and Cornwall.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0351.jp2"}, "352": {"fulltext": "314 APPENDIX C.\\n34. The writ which is called prcecipe, for the future, shall not\\nbe made out to any one, of any tenement, whereby a freeman\\nmay lose his court.\\n35. There shall be one measure of wine and one of ale through\\nour whole realm and one measure of corn, that is to say, the\\nLondon quarter; and one breadth of dyed cloth, and russets, and\\nhaberjeets, that is to say, two ells within the lists and it shall\\nbe of weights as it is of measures.\\n36. Nothing from henceforth shall he given or taken for a writ\\nof inquisition of life or limb, hut it shall be granted freely, and\\nnot denied.^\\n37. If any do hold of us by fee-farm, or by socage, or by bur-\\ngage, and he hold also lands of any other by knight s service,\\nwe will not have the custody of the heir or land, which is holden\\nof another man s fee by reason of that fee-farm, socage,^ or bur-\\ngage; neither will we have the custody of the fee-farm, or socage,\\nor burgage, unless knight s service was due to us out of the same\\nfee-farm. We will not have the custody of an heir, nor of any\\nland which he holds of another by knight s service, by reason of\\nany petty serjeanty^ by which he holds of us, by the service of\\npaying a knife, an arrow, or the like.\\n38. No bailiff from henceforth shall put any man to his law\\nupon his own bare saying, without credible witnesses to prove it.\\n39. No freeman shall be taken or imprisoned, or disseised, or\\noutlawed, or banished, or any ways destroyed, nor will we pass\\nupon him, nor will we send upon him, unless by the lawful Judg-\\nment of his peers, or by the law of the land.\\n40. We will sell to no man, we will not deny to any man, either\\njustice or right.\\n41. All merchants shall have safe and secure conduct, to go\\nThis important writ, or writ concerning hatred and malice,\\nmay have been the prototype of the writ of habeas corpus, and was\\ngranted for a similar purpose.\\n2 Socage signifies lands held by tenure of performing certain\\ninferior offices in husbandry, probably from the old French word soc,\\na plough-share.\\nThe tenure of giving the king some small weapon of war in\\nacknowledgment of lands held.\\nEquivalent to putting him to his oath. This alludes to the\\nWager of Law, by which a defendant and his eleven supporters or\\ncompurgators could swear to his non-liability, and this amounted\\nto a verdict in his favour.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0352.jp2"}, "353": {"fulltext": "MAGNA CHART A. 315\\nout of, and to come into England, and to stay there and to pass\\nas well by land as by water, for buying and selling by the\\nancient and allowed customs, without any unjust tolls; except\\nin time of war, or when they are of any nation at war with us.\\nAnd if there be found any such in our land, in the beginning of\\nthe war, they shall be attached, without damage to their bodies\\nor goods, until it be known unto us, or our chief justiciary,\\nhow our merchants be treated in the nation at war with us and\\nif ours be safe there, the others shall be safe in our dominions.\\n42. It shall be lawful, for the time to come, for any one to go\\nout of our kingdom, and return safely and securely by land or\\nby water, saving his allegiance to us; unless in time of war, by\\nsome short space, for the common benefit of the realm, except\\nprisoners and outlaws, according to the law of the land, and\\npeople in war with us, and merchants who shall be treated as is\\nabove mentioned.^\\n43. If any man hold of any escheat,^ as of the honour of Wal-\\nlingford, Nottingham, Boulogne, Lancaster, or of other escheats\\nwhich be in our hands, and are baronies, and die, his heir shall\\ngive no other relief, and perform no other service to us than he\\nwould to the baron, if it were in the baron s hand and we will\\nhold it after the same manner as the baron held it.\\n44. Those men who dwell without the forest from henceforth\\nshall not come before our justiciaries of the forest, upon com-\\nmon summons, but such as are impleaded, or are sureties for\\nany that are attached for something concerning the forest.\\n45. We will not make any justices, constables, sheriffs, or\\nbailiffs, but of such as know the law of the realm and mean\\nduly to observe it.\\n46. All barons who have founded abbeys, which they hold by\\ncharter from the kings of England, or by ancient tenure, shall\\nhave the keeping of them, when vacant, as they ought to have.\\n1 The Crown has still techDically the power of confining subjects\\nwithin the kingdom by the writ ne exeat regno, though the use of\\nthe writ is rarely resorted to.\\n2 The word escheat is derived from the French escheoir, to return\\nor happen, and signifies the return of an estate to a lord, either on\\nfaihire of tenant s issue or on his committing felony. The abolition\\nof feudal tenures by the Act of Charles II. (12 Charles II. c. 24)\\nrendered obsolete this part and many other parts of the Charter.\\n8 The laws for regulating the royal forests, and administering jus-\\ntice in respect of offences committed in their precincts, formed a large\\npart of the law.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0353.jp2"}, "354": {"fulltext": "316 APPENDIX C.\\n47. All forests that have been made forests in our time shall\\nforthwith be disforested and the same shall be done with the\\nwater-banks that have been fenced in by us in our time.\\n48. All evil customs concerning forests, warrens, foresters,\\nand warreners, sherifis and their officers, water-banks and their\\nkeepers, shall forthwith be inquired into in each county, by\\ntwelve sworn knights of the same county, chosen by creditable\\npersons of the same county; and within forty days after the said\\ninquest be utterly abolished, so as never to be restored so as\\nwe are first acquainted therewith, or our justiciary, if we should\\nnot be in England.\\n49. We will immediately give up all hostages and charters\\ndelivered unto us by our English subjects, as securities for their\\nkeeping the peace, and yielding us faithful service.\\n60. We will entirely remove from their bailiwicks the rela-\\ntions of Gerard de Atheyes, so that for the future they shall\\nhave no bailiwick in England; we will also remove Engelard de\\nCygony, Andrew, Peter, and Gyon, from the Chancery; Gyon\\nde Cygony, Geoffrey de Martyn, and his brothers; Philip Mark,\\nand his brothers, and his nephew, Geoffrey, and their whole\\nretinue.\\n51. As soon as peace is restored, we will send out of the\\nkingdom all foreign knights, cross-bowmen, and stipendiaries,\\nwho are come with horses and arms to the molestation of our\\npeople.\\n52. If any one has been dispossessed or deprived by us, with-\\nout the lawful judgment of his peers, of his lands, castles, liber-\\nties, or right, we will forthwith restore them to him and if any\\ndispute arise upon this head, let the matter be decided by the\\nfive-and-twenty barons hereafter mentioned, for the preservation\\nof the peace. And for all those things of which any person has,\\nwithout the lawful judgment of his peers, been dispossessed or\\ndeprived, either by our father King Henry, or our brother King\\nRichard, and which we have in our hands, or are possessed by\\nothers, and we are bound to warrant and make good, we shall\\nhave a respite till the term usually allowed the crusaders ex-\\ncepting those things about which there is a plea depending, or\\nwhereof an inquest hath been made, by our order before we\\nundertook the crusade but as soon as we return from our expe-\\ndition, or if perchance we tarry at home and do not make our\\nexpedition, we will immediately cause full justice to be adminis*\\ntered therein.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0354.jp2"}, "355": {"fulltext": "MAGNA CHART A. 317\\n63. The same respite we shall have, and in the same manner,\\nabout administering justice, disafforesting or letting continue\\nthe forests, which Henry our father, and our brother Kichard,\\nhave afforested and the same concerning the wardship of the\\nlands which are in another s fee, but the wardship of which we\\nhave hitherto had, by reason of a fee held of us by knight s ser-\\nvice and for the abbeys founded in any other fee than our own,\\nin which the lord of the fee says he has a right and when we\\nreturn from our expedition, or if we tarry at home, and do not\\nmake our expedition, we will immediately do full justice to all\\nthe complainants in this behalf.\\n54. No man shall be taken or imprisoned upon the appeal^ of\\na woman, for the death of any other than her husband.\\n55. All unjust and illegal fines made by us, and all amercia-\\nments imposed unjustly and contrary to the law of the land,\\nshall be entirely given up, or else be left to the decision of the\\nfive-and-twenty barons hereafter mentioned for the preservation\\nof the peace, or of the major part of them, together with the\\naforesaid Stephen, Archbishop of Canterbury, if he can be pres-\\nent, and others whom he shall think fit to invite and if he can-\\nnot be present, the business shall notwithstanding go on without\\nhim but so that if one or more of the aforesaid five-and-twenty\\nbarons be plaintiffs in the same cause, they shall be set aside as\\nto what concerns this particular affair, and others be chosen in\\ntheir room, out of the said five-and-twenty, and sworn by the\\nrest to decide the matter.\\n56. If we have disseised or dispossessed the Welsh of any\\nlands, liberties, or other things, without the legal judgment of\\ntheir peers, either in England or in Wales, they shall be imme-\\ndiately restored to them and if any dispute arise upon this\\nhead, the matter shall be determined in the Marches by the\\njudgment of their peers for tenements in England according\\nto the law of England, for tenements in Wales according to the\\nlaw of Wales, for tenements of the Marches according to the\\nlaw of the Marches the same shall the Welsh do to us and our\\nsubjects.\\n1 An Appeal here means an accasation. The appeal here men-\\ntioned was a suit for a penalty in which the plaintiff was a relatiou\\nwho had suffered through a murder or manslaughter. One of the in-\\ncidents of this Appeal of Death was the Trial by Battle. These\\nAppeals and Trial by Battle were not abolished before the passing of\\nthe Act 59 Geo. III., c. 46.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0355.jp2"}, "356": {"fulltext": "318 APPENDIX C.\\n57. As for all those things of which a Welshman hath, with-\\nout the lawful judgment of his peers, been disseised or deprived\\nof by King Henry our father, or our brother King Richard, and\\nwhich we either have in our hands or others are possessed of,\\nand we are obliged to warrant it, we shall have a respite till\\nthe time generally allowed the crusaders excepting those\\nthings about which a suit is depending, or whereof an inquest\\nhas been made by our order, before we undertook the crusade\\nbut when we return, or if we stay at home without perform-\\ning our expedition, we will immediately do them full justice,\\naccording to the laws of the Welsh and of the parts before\\nmentioned.\\n58. We will without delay dismiss the son of Llewellin, and\\nall the Welsh hostages, and release them from the engagements\\nthey have entered into with us for the preservation of the\\npeace.\\n59. We will treat with Alexander, King of Scots, concerning\\nthe restoring his sisters and hostages, and his right and liber-\\nties, in the same form and manner as we shall do to the rest\\nof our barons of England unless by the charters which we have\\nfrom his father, William, late King of Scots, it ought to be other-\\nwise and this shall be left to the determination of his peers in\\nour court.\\n60. All the aforesaid customs and liberties, which we have\\ngranted to be holden in our kingdom, as much as it belongs to\\nus, all people of our kingdom, as well clergy as laity, shall ob-\\nserve, as far as they are concerned, towards their dependents.\\n61. And whereas, for the honour of God and the amendment\\nof our kingdom, and for the better quieting the discord that has\\narisen between us and our barons, we have granted all these\\nthings aforesaid willing to render them firm and lasting, we do\\ngive and grant our subjects the underwritten security, namely\\nthat the barons may choose five-and-twenty barons of the king-\\ndom, whom they think convenient who shall take care, with\\nall their might, to hold and observe, and cause to be observed,\\nthe peace and liberties we have granted them, and by this our\\npresent Charter confirmed in this manner that is to say, that\\nif we, our justiciary, our bailiffs, or any of our officers, shall in\\nany circumstance have failed in the performance of them to-\\nwards any person, or shall have broken through any of these\\narticles of peace and security, and the offence be notified to\\nfour barons chosen out of the five-and-twenty before mentioned,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0356.jp2"}, "357": {"fulltext": "MAGNA CHART A. 319\\nthe said four barons shall repair to us, or our justiciary, if we\\nare out of the realm, and, laying open the grievance, shall\\npetition to have it redressed without delay and if it be not re-\\ndressed by us, or if we should chance to be out of the realm,\\nif it should not be redressed by our justiciary within forty days,\\nreckoning from the time it has been notified to us, or to our\\njusticiary (if we should be out of the realm), the four barons\\naforesaid shall lay the cause before the rest of the five-and-\\ntwenty barons and the said flve-and-twenty barons, together\\nwith the community of the whole kingdom, shall distrain and\\ndistress us in all the ways in which they shall be able, by\\nseizing our castles, lands, possessions, and in any other manner\\nthey can, till the grievance is redressed, according to their\\npleasure saving harmless our own person, and the persons of\\nour Queen and children and when it is redressed, they shall\\nbehave to us as before. And any person whatsoever in the\\nkingdom may swear that he will obey the orders of the five-and-\\ntwenty barons aforesaid in the execution of the premises, and\\nwill distress us, jointly with them, to the utmost of his power\\nand we give public and free liberty to any one that shall please\\nto swear to this, and never will hinder any person from taking\\nthe same oath.\\n62. As for all those of our subjects who will not, of their\\nown accord, swear to join the five-and-twenty barons in distrain-\\ning and distressing us, we will issue orders to make them take\\nthe same oath as aforesaid. And if any one of the five-and-\\ntwenty barons dies, or goes out of the kingdom, or is hindered\\nany other way from carrying the things aforesaid into execution,\\nthe rest of the said five-and-twenty barons may choose another\\nin his room, at their discretion, who shall be sworn in like man-\\nner as the rest. In all things that are committed to the execution\\nof these five-and-twenty barons, if, when they are all assembled\\ntogether, they should happen to disagree about any matter, and\\nsome of them, when summoned, will not or cannot come, what-\\never is agreed upon, or enjoined, by the major part of those\\nthat are present shall be reputed as firm and valid as if all the\\nfive-and-twenty had given their consent and the aforesaid five-\\nand-twenty shall swear that all the premises they shall faithfully\\nobserve, and cause with all their power to be observed. And\\nwe will procure nothing from any one, by ourselves nor by\\nanother, whereby any of these concessions and liberties may be\\nreroked or lessened and if any such thing shall have been ob-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0357.jp2"}, "358": {"fulltext": "320 APPENDIX C.\\ntained, let it be null ^d void neither will we ever make use of\\nit either by ourselves or any other. And all the ill-will, indig-\\nnations, and rancours that have arisen between us and our sub-\\njects, of the clergy and laity, from the first breaking out of the\\ndissensions between us, we do fully remit and forgive moreover,\\nall trespasses occasioned by the said dissensions, from Easter in\\nthe sixteenth year of our reign till the restoration of peace and\\ntranquillity, we hereby entirely remit to all, both clergy and laity,\\nand as far as in us lies do fully forgive. We have, moreover,\\ncaused to be made for them the letters patent testimonial of\\nStephen, Lord Archbishop of Canterbury, Henry, Lord Arch-\\nbishop of Dublin, and the bishops aforesaid, as also of Master\\nPandulph, for the security and concessions aforesaid.\\n63. Wherefore we will and firmly enjoin, that the Church of\\nEngland be free, and that all men in our kingdom have and hold\\nall the aforesaid liberties, rights, and concessions, truLy and\\npeaceably, freely and quietly, fully and wholly to themselves\\nand their heirs, of us and our heirs, in all things and places, for-\\never, as is aforesaid. It is also sworn, as well on our part as on\\nthe part of the barons, that all the things aforesaid shall be\\nobserved in good faith, and without evil subtilty. Given under\\nour hand, in the presence of the witnesses above named, and\\nmany others, in the meadow called Runingmede, between\\nWindsor and Staines, the 15th day of June, in the 17th year\\nof our reiofn.\\nThe translation here given is that published in Sheldon Amos s\\nwork on The English Constitution. The translation given by Sir E.\\nCreasy was chiefly followed in this, but it was collated with another\\naccurate translation by Mr. Richard Thompson, accompanying his\\nHistorical Essay on Magna Charta, published in 1829, and also with\\nthe Latin text. The explanation of the whole Charter, observes\\nMr. Amos, must be sought chiefly in detailed accounts of the Feudal\\nsystem in England, as explained in such works as those of Stubbs,\\nHallam, and Blackstone. The scattered notes here introduced have\\nonly for their purpose to elucidate the most unusual and perplexing\\nexpressions. The Charter pi-inted in the Statute Book is that issued\\nin the ninth year of Henry III., which is also the one specially con-\\nfirmed by the Charter of Edward I. The Charter of Henry III. dif-\\nfers in some (generally) insignificant points from that of John. The\\nmost important difference is the omission in the later Charter of the\\n14th and 15th Articles of John s Charter, by which the King is re-\\nstricted from levying aids beyond the three ordinary ones, without the", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0358.jp2"}, "359": {"fulltext": "MAGNA CHARTA. 321\\nassent of the Common Council of the Kingdom, and provision is\\nmade for summoning it. This passage is restoi ed by Edward I.\\nMagna Charter has been solemnly confirmed upwards of thirty times.\\nSee the chaj^ter on the Great Charter, in Green s History of the Eng-\\nlish People. See also Stubbs s Documents Illustrative of English His-\\ntory. The whole of the constitutional history of England, savs\\nStubbs, is a commentary on this Charter, the illustration of which\\nmust be looked for in the documents that precede and follow.\\nCONEIRMATIO CHARTARUM OF EDWARD I.\\n1297.\\nI. Edward, by the grace of God, King of England, Lord of\\nIreland, and Duke Guyan, to all those that these present letters\\nshall hear or see, greeting. Know ye that we, to the honour of\\nGod and of holy Church, and to the profit of our realm, have\\ngranted for us and our heirs, that the Charter of Liberties and\\nthe Charter of the Forest, which were made by common assent\\nof all the realm in the time of King Henry our father, shall be\\nkept in every point without breach. And we will that the same\\nCharters shall be sent under our seal as well to our justices of\\nthe forest as to others, and to all sheriffs of shires, and to all our\\nother officers, and to all our cities throughout the realm, together\\nwith our writs in the which it shall be contained that they cause\\nthe foresaid Charters to be published, and to declare to the\\npeople that we have confirmed them in all points and that our\\njustices, sheriffs, mayors, and other ministers, which under us\\nhave the laws of our land to guide, shall allow the said Charters\\npleaded befoi-e them in judgment in all their points; that is to\\nwit, the Great Charter as the common law, and the Charter of\\nthe Forest according to the assize of the Forest, for the wealth\\nof our realm.\\nII. And we will that if any judgment be given from hence-\\nforth, contrary to the points of the Charters aforesaid, by the\\njustices or by any other our ministers that hold plea before them\\nagainst the points of the Charters, it shall be undone and holden\\nfor naught.\\nIII. And we will that the same Charters shall be sent under\\nour seal to cathedral churches throughout our realm, there to\\nremain, and shall be read before the people two times by the\\nyear.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0359.jp2"}, "360": {"fulltext": "322 APPENDIX C.\\nIV. And that all archbishops and bishops shall pronounce the\\nsentence of great excommunication against all those that bj\\nword, deed, or counsel do contrary to the foresaid Charters, or\\nthat in any point break or undo them. And that the said curses\\nbe twice a year denounced and published by the prelates afore-\\nsaid. And if the prelates or any of them be remiss in the de-\\nnunciation of the said sentences, the Archbishops of Canterbury\\nand York for the time being, as is fitting, shall compel and dis-\\ntrain them to make that denunciation in form aforesaid.\\nV. And for so much as divers people of our realm are in fear\\nthat the aids and tasks which they have given to us beforetime\\ntowards our wars and other business, of their own grant and\\ngoodwill, howsoever they were made, might turn to a bondage\\nto them and their heirs, because they might be at another time\\nfound in the rolls, and so likewise the prises taken throughout\\nthe realm by our ministers we have granted for us and our\\nheirs, that we shall not draw such aids, tasks, nor prises into a\\ncustom, for anything that hath been done heretofore, or that may\\nbe found by roll or in any other manner.\\nVI. Moreover we have granted for us and our heirs, as well\\nto archbishops, bishops, abbots, priors, and other folk of holy\\nChurch, as also to earls, barons, and to all the commonalty of\\nthe land, that for no business from henceforth will we take such\\nmanner of aids, tasks, nor prises but by the common consent of\\nthe realm, and for the common profit thereof, saving the ancient\\naids and prises due and accustomed.\\nVII. And for so much as the more part of the commonalty of\\nthe realm find themselves sore grieved with the matelote of wools,\\nthat is to wit, a toll of forty shillings for every sack of wool, and\\nhave made petition to us to release the same we, at their re-\\nquests, have clearly released it, and have granted for us and our\\nheirs that we shall not take such thing nor any other without\\ntheir common assent and goodwill saving to us and our heirs\\nthe custom of wools, skins, and leather, granted before by the\\ncommonalty aforesaid. In witness of which things we have\\ncaused these our letters to be made patents. Witness Edward\\nour son, at London, the 10th day of October, the five-and-\\ntwentieth of our x eign.\\nAnd be it remembered that this same Charter, in the same\\nterms, word for word, was sealed in Flanders under the King s\\nGreat Seal, that is to say, at Ghent, the 5th day of November,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0360.jp2"}, "361": {"fulltext": "MAGNA CHART A. 323\\nin the 52th year of the reign o\u00c2\u00a3 our aforesaid Lord the King,\\nand sent into England.\\nThe words of this important document, from Professor Stubbs s\\ntranslation, are given as the best explanation of the constitutional\\nposition and importance of the Charters of John and Henry III. See\\nhistorical notice in Stubbs s Documents Illustrative of English History,\\np. 477, This is far the most important of the numerous ratifications\\nof the Great Charter. Hallam calls it that famous statute, inade-\\nqnately denominated the Confirmation of the Charters, because it added\\nanother pillar to our constitution, not less important than the Great\\nCharter itself. It solemnly confirmed the two Charters, the Charter\\nof the Forest (issued by Henry II. in 1217 see text in Stubbs,\\np. 338) being then considered as of equal importance with Magna\\nCharta itself, establishing them in all points as the law of the land\\nbut it did more. Hitherto the king s prerogative of levying money\\nby name of tallage or prise, from his towns and tenants in demesne,\\nhad passed unquestioned. Some impositions, that especially on the\\nexport of wool, affected all the king s subjects. It was now the mo-\\nment to enfranchise the people and give that security to private prop-\\nerty which Magna Charta had given to personal liberty. Edward s\\nstatute binds the king never to take any of these aids, tasks, and\\nprises in future, save by the common assent of the realm. Hence,\\nas Bowen remarks, the Confirmation of the Charters, or an abstract\\nof it under the form of a supposed statute de tallagio non concedendo\\n(see Stubbs, p. 487), was more frequently cited than any other enact-\\nment by the parliamentary leaders who resisted the encroachments of\\nCharles I. The original of the Confirmatio Chartarum, which is in\\nNorman French, is still in existence, though considerably shriveled\\nby the fire which damaged so many of the Cottonian manuscripts in\\n1731.\\nTHE GRANT OF THE GREAT CHARTER.\\nAn island in the Thames between Staines and Windsor had beea\\ncho.sen as the place of conference the King encamped on one bank,\\nwhile the barons covered the marshy flat, still known by the name of\\nRunnymede, on the other. Their delegates met in the island be-\\ntween them, but the negotiations were a mere cloak to cover John s\\npurpose of unconditional submission. The Great Charter was dis-\\ncussed, agreed to, and signed in a single day. One copy of it still re-\\nmains in the British Musetim, injured by age and fire, but with the\\nroyal seal still hanging from the brown, shrivelled parchment. It is\\nimpossible to gaze without reverence on the earliest monument of\\nEnglish freedom which we can see with our own eyes and touch with\\nour own hands, the great Charter to which from age to age patriots", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0361.jp2"}, "362": {"fulltext": "324 APPENDIX C.\\nhave looked back as the basis of English liberty. But in itself the\\nCharter was no novelty, nor did it claim to establish any new consti-\\ntutional principles. The Charter of Henry the First formed the basis\\nof the whole, and the additions to it are for the most part formal rec-\\nognitions of the judicial and administrative changes introduced by\\nHenry the Second. But the vague expressions of the older charters\\nwere now exchanged for precise and elaborate provisions. The bonds\\nof unwritten custom which the older grants did little more than rec-\\nognize had proved too weak to hold the Angevins and the baronage\\nnow threw them aside for the restraints of written law. It is in this\\nway that the Great Charter marks the transition from the age of\\ntraditional rights, preserved in the nation s memory and officially de-\\nclared by the Primate, to the age of written legislation, of Parlia-\\nments and Statutes, which was soon to come. The Church had shown\\nits power of self-defence in the struggle over the interdict, and the\\nclause which recognized its rights alone retained the older and gen-\\neral form. But all vagueness ceases when the Charter passes on to\\ndeal with the rights of Englishmen at large, their right to justice, to\\nsecurity of person and property, to good government. *No free-\\nman, ran the memorable article that lies at the base of our whole\\njudicial system, shall be seized or imprisoned, or dispossessed, or\\noutlawed, or in any way brought to ruin we will not go against any\\nman nor send against him, save by legal judgment of his peers or by\\nthe law of the land. To no man will we sell, runs another, or\\ndeny, or delay, right or justice. The great reforms of the past reigns\\nwere now formally recognized; judges of assize were to hold their\\ncircuits four times in the year, and the Court of Common Pleas was\\nno longer to follow the King in his wanderings over the realm, but to\\nsit in a fixed place. But the denial of justice under John was a small\\ndanger compared with the lawless exactions both of himself and his\\npredecessor. Richard had increased the amount of the scutage which\\nHenry H. had introduced, and applied it to raise funds for his ran-\\nsom. He had restored the Danegeld, or land tax, so often abolished,\\nunder the new name of carucage, had seized the wool of the Cis-\\ntercians and the plate of the churches, and rated movables as well as\\nland. John had again raised the rate of scutage, and imposed aids,\\nfines, and ransoms at his pleasure without counsel of the baronage.\\nThe Great Charter met this abuse by the provision on which our con-\\nstitutional system rests. With the exception of the three customary\\nfeudal aids which still remained to the crown, no scutage or aid\\nshall be imposed in our realm save by the Common Council of the\\nrealm and to this Great Council it was provided that prelates and\\nthe greater barons should be summoned by special writ, and all ten-\\nants in chief through the sheriffs and bailiffs, at least forty days\\nbefore. But it was less easy to provide means for the control of a\\nKing whom no man could trust, and a council of twenty-four barons", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0362.jp2"}, "363": {"fulltext": "A PART OF THE BILL OF RIGHTS. B25\\nwas chosen from the general body of their order to enforce on John\\nthe observance of the Charter, with the right of declaring war on the\\nKing should its provisions be infringed. Finally, the Charter was\\npublished throughout the whole country, and sworn to at every hun-\\ndred-mote and town-mote by order from the King. Green s Short\\nHistory of the English People, p. 123.\\nAPPENDIX D.\\nA PAET OF THE BILL OF EIGHTS.\\nAn Act for Declaring the Rights and Liberties op the\\nSubject, and Settling the Succession op the Crown.\\n1689.\\nWhereas the Lords Spiritual and Temporal, and Commons,\\nassembled at Westminster, lawfully, fully, and freely represent-\\ning all the estates of the people of this realm, did upon the\\nthirteenth day of February, in the year of our Lord one thou-\\nsand six hundred eighty-eight [o. 8.],^ present unto their Majes-\\nties, then called and known by the names and style of William\\nand Mary, Prince and Princess of Orange, being present in\\ntheir proper persons, a certain Declaration in writing, made by\\nthe said Lords and Commons, in the words following, viz.\\nWhereas the late King James IL, by the assistance of divers\\nevil counsellors, judges, and ministers employed by him, did\\nendeavour to subvert and extirpate the Protestant religion, and\\nthe laws and liberties of this kingdom:\\n1. By assuming and exercising a power of dispensing with and\\nsuspending of laws, and the execution of laws, without consent\\nof Parliament.\\n2. By committing and prosecuting divers worthy prelates for\\nhumbly petitioning to be excused from concurring to the said\\nassumed power,\\n3. By issuing and causing to be executed a commission under\\nthe Great Seal for erecting a court, called the Court of CommiS\\nsioners for Ecclesiastical Causes.\\n4. By levying money for and to the use of the Crown by pre-\\ntence of prerogative, for other time and in other manner than\\nthe same was granted by Parliament.\\n1 In New Style Ffeb. 23, 1689", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0363.jp2"}, "364": {"fulltext": "S26 APPENDIX D.\\n5. By raising and keeping a standing army within this king-\\ndom in time of peace, without consent of Parliament, and quar-\\ntering soldiers contrary to law.\\n6. By causing several good subjects, being Protestants, to be\\ndisarmed, at the same time when Papists were both armed and\\nemployed contrary to law.\\n7. By violating the freedom of election of members to serve\\nin Parliament.\\n8. By prosecutions in the Court of King s Bench for matters\\nand causes cognizable only in Parliament, and by divers other\\narbitrary and illegal causes.\\n9. And whereas of late years, partial, corrupt, and unqualified\\npersons have been returned, and served on juries in trials, and\\nparticularly divers jurors in trials for high treason, which were\\nnot freeholders.\\n10. And excessive bail hath been required of persons commit-\\nted in criminal cases, to elude the benefit of the laws made for\\nthe liberty of the subjects.\\n11. And excessive fines have been imposed; and illegal and\\ncruel punishments inflicted.\\n12. And several grants and promises made of fines and for-\\nfeitures before any conviction or judgment against the persons\\nupon whom the same were to be levied.\\nAll which are utterly and directly contrary to the known laws\\nand statutes, and freedom of this realm.\\nAnd whereas the said late King James II. having abdicated\\nthe government, and the throne being thereby vacant, his High-\\nness the Prince of Orange (whom it hath pleased Almighty God\\nto make the glorious instrument of delivering this kingdom from\\npopery and arbitrary power) did (by the advice of the Lords\\nSpiritual and Temporal, and divers principal persons of the\\nCommons) cause letters to be written to the Lords Spiritual\\nand Temporal, being Protestants, and other letters to the sev-\\neral counties, cities, universities, boroughs, and cinque ports,\\nfor the choosing of such persons to represent them as were of\\nright to be sent to Parliament, to meet and sit at Westminster\\nupon the two-and-twentieth day of January, in this year one\\nthousand six hundi ed eighty and eight, in order to such an\\nestablishment, as that their religion, laws, and liberties might\\nnot again be in danger of being subverted; upon which letters\\nelections have been accordingly made.\\nAdd thereupon the said Lords Spiritual and Temporal, and\\n1 In New Style Feb. 1, 1689.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0364.jp2"}, "365": {"fulltext": "A PART OF THE BILL OF RIGHTS. 327\\nCommons, pursuant to their respective letters and elections,\\nbeing now assembled in a full and free representation of this\\nnation, taking into their most serious consideration the best\\nmeans for attaining the ends aforesaid, do in the first place (as\\ntheir ancestors in like case have usually done) for the vindicating\\nand asserting their ancient rights and liberties, declare:\\n1. That the pretended power of suspending of laws, or the\\nexecution of laws by regal authority, without consent of Parlia-\\n\u00e2\u0080\u00a2nent, is illegal.\\n2. That the pretended power of dispensing with laws, or the\\nexecution of laws by regal authority, as it hath been assumed\\nand exercised of late, is illegal.\\n3. That the commission for erecting the late Court of Com-\\nmissioners for Ecclesiastical Causes, and all other commissions\\nand courts of like nature, are illegal and pernicious.\\n4. That levying money for or to the use of the Crown by pre-\\ntence and prerogative, laithout grant of Parliament, for longer time\\nor in other manner than the same is or shall be granted, is illegal.^\\n5. That it is the right of the subjects to i^etition the King, and all\\ncommitments and prosecutions for such petitioning are illegal.\\n6. That the raising or keeping a standing army ivithin the king-\\ndom in time of peace, unless it be loith consent of Parliament, is\\nagainst law.^\\n7. That the subjects which are Protestants may have arms for\\ntheir defence suitable to their conditions, and as allowed by laio.^\\n8. That election of members of Parliament ought to be free.\\n9. That the freedom of speech, and debates or proceedings in\\nParliament, ought not to be impeached or questioned in any court\\nor place out of Parliament.^\\n10. That excessive bail ought not to be required, nor excessive\\nfines imposed nor cruel and unusual punishments inflicted.^\\n11. That jurors ought to be didy impanelled and returned, and\\njurors which pass upon men in trials for high treason ought to he\\nfreeholders.\\n1 Compare this clause 4 with clauses 12 and 14 of Magna Charta,\\nand with Art. I. vii. clause 1 of the Constitution of the United\\nStates.\\n2 Compare clause 5 with Amendment I.\\nCompare clause 6 with Amendment III.\\nCompare clause 7 with Amendment II.\\n5 Compare clause 9 with Constitution, Art. I. vi. clause 1.\\nCompare clause 10 with Amendment VIII.\\nCompare clause 11 with Amendments VI. and VII.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0365.jp2"}, "366": {"fulltext": "328 APPENDIX D.\\n12. That all grants and promises of fines and forfeitures of\\nparticular persons before conviction are illegal and void.\\n13. And that for redress of all grievances, and for the amend-\\ning, strengthening, and preserving of the laws, Parhament\\nought to be held frequently.\\nAnd they do claim, demand, and insist upon all and singular\\nthe premises, as their undoubted rights and liberties; and that\\nno declarations, judgments, doings or proceedings, to the preju-\\ndice of the people in any of the said premises, ought in any\\n\u00e2\u0096\u00a0wise to be drawn hereafter into consequence or example.\\nTo which demand of their rights they are particularly encour-\\naged by the declaration of his Highness the Prince of Orange,\\nas being the only means for obtaining a full redress and remedy\\ntherein.\\nHaving therefore an entire confidence that his said Highness\\nthe Prince of Orange will perfect the deliverance so far ad-\\nvanced by him, and will still preserve them from the violation\\nof their rights, which they have here asserted, and from all\\nother attempts upon their religion, rights, and liberties\\n11. The said Lords Spiritual and Temporal, and Commons,\\nassembled at Westminster, do resolve, that William and Mary,\\nPrince and Princess of Orange, be, and be declared, King and\\nQueen of England, France, and Ireland, and the dominions\\nthereunto belonging, to hold the crown and royal dignity of the\\nsaid kingdoms and dominions to them the said Prince and\\nPrincess during their lives, and the life of the survivor of them;\\nand that the sole and full exercise of the regal power be only\\nin, and executed by, the said Prince of Orange, in the names\\nof the said Prince and Princess, during their joint lives; and\\nafter their deceases, the said crown and royal dignity of the\\nsaid kingdoms and dorainions to be to the heirs of the body of\\nthe said Princess; and for default of such issue to the Princess\\nAnne of Denmark, and the heirs of her body and for default\\nof such issue to the heirs of the body of the said Prince of\\nOrange. And the Lords Spiritual and Temporal, and Com-\\nmons, do pray the said Prince and Princess to accept the same\\naccordingly.\\nThe act goes on to declare that, their Majesties having ac-\\ncepted the crown upon these terms, the rights and liberties as-\\nserted and claimed in the said declaration are the true, ancient,\\nand indubitable rights and liberties of the people of this king-\\ndom, and so shall be esteemed, allowed, adjudged, deemed, and", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0366.jp2"}, "367": {"fulltext": "FUNDAMENTAL ORDERS OF CONNECTICUT. 829\\ntaken to be, and that all and every the particulars aforesaid\\nshall be firmly and strictly holden and observed, as they are ex-\\npressed in the said declaration; and all officers and ministers\\nwhatsoever shall serve their Majesties and their successors ac-\\ncording to the same in all times to come.\\nThe act then declares that William and Mary are and of\\nright ought to be King and Queen of England, etc. and it goes\\non to regulate the succession after their deaths.\\nThe passing of the Bill of Rights in 1689 restored to the\\nmonarchy the character which it had lost under the Tudors and\\nthe Stuarts. The right of the people through its representa-\\ntives to depose the King, to change the order of succession, and\\nto set on the throne whom they would, was now established.\\nAll claim of divine right, or hereditary right independent of the\\nlaw, was formally put an end to by the election of William and\\nMary. Since their day no English sovereign has been able to\\nadvance any claim to the crown save a claim which rested on a\\nparticular clause in a particular Act of Parliament. William,\\nMary, and Anne were sovereigns simply by virtue of the Bill of\\nRights. George the First and his successors have been sover-\\neigns solely by virtue of the Act of Settlement. An English\\nmonarch is now as much the creature of an Act of Parliament\\nas the pettiest tax-gatherer in his realm. Green s Short His-\\ntory, p. 673.\\nAPPENDIX E.\\nTHE FUNDAMENTAL ORDERS OF CONNECTICUT.\\n1638(9).\\nThe first loritten constitution thai created a government.\\nForasmuch as it hath pleased the AUmighty God by the\\nwise disposition of his diuyne p uidence so to Order and dispose\\nof things that we the Inhabitants and Residents of Windsor,\\nHarteford and Wethersfield are now cohabiting and dwelling in\\nand vppon the River of Conectecotte and the Lands thereunto\\nadioyneing And well knowing where a people are gathered to-\\ngather the word of God requii-es that to mayntayne the peace\\nand vnion of such a people there should be an orderly and de-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0367.jp2"}, "368": {"fulltext": "330 APPENDIX E.\\ncent Gouerment established according to God, to order and\\ndispose of the affayres of the people at all seasons as occation\\nshall require doe therefore assotiate and conioyne our selues\\nto be as one Publike State or Comonwelth and doe, for our\\nselues and our Successors and such as shall be adioyned to vs\\natt any tyme hereafter, enter into Combination and Confedera-\\ntion togather, to mayntayne and p searue the liberty and purity\\nof the gospell of our Lord Jesus w* we now p fesse, as also the\\ndisciplyne of the Churches, w* according to the truth of the\\nsaid gospell is now practised amongst vs As also in o Ciuell\\nAffaires to be guided and gouerned according to such Lawes,\\nRules, Orders and decrees as shall be made, ordered decreed,\\nas foUoweth\\n1. It is Ordered, sentenced and decreed, that there shall be\\nyerely two generall Assemblies or Courts, the one the second\\nthursday in Aprill, the other the second thursday in September,\\nfollowing the first shall be called the Courte of Election,\\nwherein shall be yerely Chosen fro tyme to tyme soe many\\nMagestrats and other publike Officers as shall be found requi-\\nsitte Whereof one to be chosen Gouernour for the yeare ensue^\\ning and vntill another be chosen, and noe other Magestrate to\\nbe chosen for more than one yeare p ^uided allwayes there\\nbe sixe chosen besids the Gouernour w being chosen and\\nsworne according to an Oath recorded for that purpose shall\\nhaue power to administer iustice according to the Lawes here\\nestablished, and for want thereof according to the rule of the\\nword of God w choise shall be made by all that are admitted\\nfreemen and haue taken the Oath of Fidellity, and doe cohabitte\\nw*in this Jurisdiction, (hauing beene admitted Inhabitants by\\nthe maior p t of the Towne wherein they Hue,) or the mayor p ^te\\nof such as shall be then p sent.\\n2. It is Ordered, sentensed and decreed, that the Election of\\nthe aforesaid Magestrats shall be on this manner euery p ^son\\np sent and quallified for choyse shall bring in (to the p ^sons de-\\nputed to receaue the) one single pap w the name of him writ-\\nten in yt whom he desires to haue Gouernour, and he that hath\\nthe greatest niiber of papers shall be Gouernor for that yeare.\\nAnd the rest of the Magestrats or publike Officers to be chosen\\nm this manner The Secretary for the tyme being shall first\\nread the names of all that are to be put to choise and then shall\\nseuerally nominate them distinctly, and euery one that would\\nhaue the p son nominated to be chosen shall bring in one single", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0368.jp2"}, "369": {"fulltext": "FUNDAMENTAL ORDERS OF CONNECTICUT. 331\\npaper written vppon, and he that would not haue him chosen\\nshall bring in a blanke and euery one that hath more written\\npapers then blanks shall be a Magistrat for that yeare w pa-\\npers shall be receaued and told by one or more that shall be then\\nchosen by the court and sworne to be faythfuU therein but in\\ncase there should not be sixe chosen as aforesaid, besids the\\nGouernor, out of those w are nominated, then he or they w\\nhaue the most written pap s shall be a Magestrate or Magestrats\\nfor the ensueing yeare, to make vp the foresaid niiber.\\n3. It is Ordered, sentenced and decreed, that the Secretary\\nshall not nominate any p son, nor shall any p^ son be chosen\\nnewly into the Magestracy w was not p pownded in some Gen-\\nerall Courte before, to be nominated the next Election and to\\nthat end yt shall be lawfull for ech of the Townes aforesaid by\\ntheir deputyes to nominate any two who they coneeaue fitte to\\nbe put to election and the Courte may ad so many more as\\nthey iudge requisitt.\\n4. It is Ordered, sentenced and decreed that noe p son be\\nchosen Gouernor aboue once in two yeares, and that the Gou-\\nernor be always a meber of some approved congregation, and\\nformerly of the Magestracy w 4n this Jurisdiction and all the\\nMagestrats Freemen of this Comonwelth and that no Mages-\\ntrate or other publike officer shall execute any p^ te of his or\\ntheir Office before they are seuerally sworne, w shall be done\\nin the face of the Courte if they be p sent, and in case of ab-\\nsence by some deputed for that purpose.\\n5. It is Ordered, sentenced and decreed, that to the afoi-e-\\nsaid Courte of Election the seu all Townes shall send their\\ndeputyes, and when the Elections are ended they may p ceed\\nin any publike searuice as at other Courts. Also the other\\nGenerall Courte in September shall be for makeing of lawes,\\nand any other publike occation, w conserns the good of the\\nComonwelth.\\n6. It is Ordered, sentenced and decreed, that the Gou nor\\nshall, ether by himselfe or by the secretary, send out sumons to\\nthe Constables of eu Towne for the cauleing of these two\\nstanding Courts, on month at lest before their seu all tymes\\nAnd also if the Gou nor and the gretest p te of the Magestrats\\nsee cause vppon any spetiall occation to call a generall Courte,\\nthey may giue order to the secretary soe to doe w in fowerteene\\ndayes warneing and if vrgent necessity so require, vppon a\\nshorter notice, glueing sufficient grownds for yt to the deputyes", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0369.jp2"}, "370": {"fulltext": "332 APPENDIX E.\\nwhen they meete, or els be questioned for the same And if the\\nGou nor and Mayor p^ te of Magestrats shall ether neglect or\\nrefuse to call the two Generall standing Courts or ether of the,\\nas also at other tymes when the occations of the Comonwelth\\nrequire, the Freemen thereof, or the Mayor p te of them, shall\\npetition to them soe to doe if then yt be ether denyed or neg-\\nlected the said Freemen or the Mayor p te of them shall haue\\npower to giue order to the Constables of the seuerall Townes tc\\ndoe the same, and so may meete togather, and chuse to them-\\nselues a Moderator, and may p^ ceed to do any Acte of power,\\nw any other Generall Courte may.\\n7. It is Ordered, sentenced and decreed that after there are\\nwarrants giuen out for any of the said Generall Courts, the Con-\\nstable or Constables of ech Towne shall forthw give notice dis-\\ntinctly to the inhabitants of the same, in some Publike Assembly\\nor by goeing or sending fro howse to bowse, that at a place and\\ntyme by him or them lymited and sett, they meet and assem-\\nble the selues togather to elect and chuse certen deputyes to\\nbe att the Generall Courte then following to agitate the afayres\\nof the comonwelth w said Deputyes shall be chosen by all\\nthat are admitted Inhabitants in the seu all Townes and haue\\ntaken the oath of fidellity; p uided that non be chosen a Deputy\\nfor any Generall Courte w is not a Freeman of this Comon-\\nwelth.\\nThe foresaid deputyes shall be chosen in manner following\\neuery p son that is p senfc and quallified as before exp ssed, shall\\nbring the names of such, written in seu rall papers, as they desire\\nto haue chosen for that Imployment, and these 3 or 4, more or\\nlesse, being the niiber agreed on to be chosen for that tyme, that\\nhaue greatest niiber of papers written for the shall be deputyes\\nfor that Courte whose names shall be endorsed on the backe\\nside of the warrant and returned into the Courte, w the Con-\\nstable or Constables hand vnto the same.\\n8. It is Ordered, sentenced and decreed, that Wyndsor,\\nHartford and Wethersfield shall haue power, ech Towne, to\\nsend fower of their freemen as deputyes to euery Generall\\nCourte and whatsoeuer other Townes shall be hereafter added\\nto this Jurisdiction, they shall send so many deputyes as the\\nCourte shall judge meete, a resonable p portion to the niiber of\\nFreemen that are in the said Townes being to be attended there-\\nin w deputyes shall have the power of the whole Towne tc\\ngiue their voats and alowance to all such lawes and orders as may", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0370.jp2"}, "371": {"fulltext": "FUNDAMENTAL ORDERS OF CONNECTICUT. 333\\nbe for the publike good, and unto w tbe said Townes are to be\\nbownd.\\n9. It is ordered and decreed, that the deputyes thus chosen\\nshall haue power and liberty to appoynt a tyme and a place of\\nmeeting togather before any Generall Courte to aduise and con-\\nsult of all such things as may concerne the good of the publike,\\nas also to examine their owne Elections, whether according to the\\norder, and if they or the gretest p te of them find any election to\\nbe illegall they may seclud such for p sent fro their meeting, and\\nreturne the same and their resons to the Courte; and if yt proue\\ntrue, the Courte may fyne the p^ ty or p tyes so intruding and the\\nTowne, if they see cause, and giue out a warrant to goe to a\\nnewe election in a legall way, either in p te or in whole. Also\\nthe said deputyes shall haue power to fyne any that shall be dis-\\norderly at their meetings, or for not coming in due tyme or place\\naccording to appoyntment and they may returne the said fynes\\ninto the Courte if yt be refused to be paid, and the tresurer to\\ntake notice of yt, and to estreete or levy the same as he doth\\nother fynes.\\n10. It is Ordered, sentenced and decreed, that euery Gen-\\nerall Courte, except such as through neglecte of the Gou nor\\nand the greatest p te of Magestrats the Freemen themselves\\ndoe call, shall consist of the Gouernor, or some one chosen to\\nmoderate the Court, and 4 other Magestrats at lest, w the\\nmayor p te of the deputyes of the seuerall Townes legally chosen\\nand in case the Freemen or mayor p te of the, through neglect\\nor refusall of the Gouernor and mayor p te of the magestrats,\\nshall call a Courte, y* shall consist of the mayor p te of Free-\\nmen that are p sent or their deputyes, w a Moderator chosen\\nby the In w* said Generall Courts shall consist the supreme\\npower of the Comonwelth, and they only shall haue power to\\nmake laws or repeale the, to graunt leuyes, to admitt of Free-\\nmen, dispose of lands vndisposed of, to seuerall Townes or\\np sons, and also shall haue power to call ether Courte or Mages-\\ntrate or any other p son whatsoeuer into question for any misde-\\nmeanour, and may for just causes displace or deale otherwise\\naccording to the nature of the oifence and also may deale in\\nany other matter that concerns the good of this comonwelth,\\nexcepte election of Magestrats, w* shall be done by the whole\\nboddy of Freemen.\\nIn w Courte the Gouernour or Moderator shall haue power to\\norder the Courte tr\u00c2\u00bb giue liberty of spech, and silence vnceason-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0371.jp2"}, "372": {"fulltext": "334 APPENDIX E.\\nable and disorderly speakeings, to put all things to voate, and in\\ncase the vote be equall to haue the casting voice. But non of\\nthese Courts shall be adiorned or dissolued w^out the consent\\nof the maior p te of the Court.\\n11. It is ordered, sentenced and decreed, that when any\\nGenerall Courte vppon the occations of the Comonwelth haue\\nagreed vppon any sume or somes of mony to be leuyed vppon\\nthe seuerall Townes w in this Jurisdiction, that a Comittee be\\nchosen to sett out and appoynt w shall be the p portion of euery\\nTowne to pay of the said leuy, p vided the Comittees be made\\nvp of an equall nuber out of each Towne.\\n14 January, 1638, the 11 Orders abouesaid are voted.\\nThe Oath of the Gou^nor, for the [p sent].\\nI 1^. I\u00c2\u00a9, being now chosen to be Gou^nor w in this Jurisdic-\\ntion, for the yeare ensueing, and vntil a new be chosen, doe\\nsweare by the greate and dreadfuU name of the everliueing God,\\nto p mote tbe publicke good and peace of the same, according\\nto the best of my skill as also will mayntayne all lawf uU priui-\\nledges of this Comonwealtb as also that all wholesome lawes\\nthat are or shall be made by lawfuU authority here established,\\nbe duly executed and will further the execution of Justice ac-\\ncording to the rule of Gods word so helpe me God, in the\\nname of the Lo Jesus Christ.\\nThe Oath of a Magestrate, for the p^sent.\\nI, 1^. i\u00c2\u00a9. being chosen a Magestrate w Mn this Jurisdiction\\nfor the yeare ensueing, doe sweare by the great and dreadful!\\nname of the euerliueing God, to p mote the publike good and\\npeace of the same, according to the best of my skill, and that I\\nwill mayntayne all the lawfull priuiledges thereof according to\\nmy vnderstanding, as also assist in the execution of all such\\nwholsome lawes as are made or shall be made by lawfull author-\\nity heare established, and will further the execution of Justice\\nfor the tyme aforesaid according to the righteous rule of Gods\\nword so helpe me God, etc.\\n[Until 1752, the legal year in England began March 25 (Lady Day),\\nnot January 1. All the days between January 1 and March 25 of the\\nyear which we now call 1639 were therefore then a part of the year\\n1638 so that the date of the Constitution is given by its own terms as\\n1638, instead of 1639.]", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0372.jp2"}, "373": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0373.jp2"}, "374": {"fulltext": "To face px.-^^ S3 5", "height": "3061", "width": "4177", "jp2-path": "civilgovernmenti02fisk_0374.jp2"}, "375": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0375.jp2"}, "376": {"fulltext": "CQUISITION OF TERRITORY\\nTED STATES.\\nSQ. MILES.\\n827,844\\nand Spain 834,906\\nn of Oregon territory retained\\n1,171,931\\nn, Norway, Denmark, Belgium,\\n1.171.154\\n59,268\\n58.320\\n375.239\\n370.472\\n591,318\\n593,963\\n577,390\\n\u00e2\u0096\u00a0^7 575,314\\n3,602,990\\n3.986,975", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0376.jp2"}, "377": {"fulltext": "STA TES CLASSIFIED. 336\\nAPPENDIX F.\\nTHE STATES CLASSIFIED ACCORDING TO ORIGIN.\\ni. The thirteen original states.\\n2. States formed directly from otuer states.\\nVermont from territory disputed between New York and\\nNew Hampshire, Ker.tucky from Virginia, Maine\\nfrom Massachusetts, West Virginia from Virginia.\\n3. States from the Northwest Territory (see p. 2533-\\nOhio, Michigan,\\nIndiana, Wisconsin,\\nIllinois, Minnesota, in part.\\n4. States from other territory ceded by states.\\nTennessee, ceded by North Carolina,\\nAlabama, ceded by South Carolina and Georgia,\\nMississippi, ceded by South Carolina and Georgia.\\n5. States from the Louisiana purchase (see p. 253).\\nLouisiana, North Dakota,\\nArkansas, South Dakota,\\nMissouri, Montana,\\nKansas, Minnesota, in part,\\nNebraska, Wyoming, in part,\\nIowa, Colcado, in part,\\n6. States from Mexican cessions.\\nCaUfornia, Wyoming, in part,\\nNevada, Colorado, in part.\\n7. States from territory defined bj- treaty with Great Britain\\n(see p. 254).\\nOregon, Washington, Idaho.\\n8. States from other sources.\\nFlorida, from a Spanish cession,\\nTexas, by annexation (see p. 254).", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0377.jp2"}, "378": {"fulltext": "386\\nAPPENDIX G.\\nAPPENDIX G.\\nTABLE OF STATES AND TERRITORIES.\\n(,EcUio of representation based on census of 1890 173,901.)\\nDates.\\nNo.\\n1\\nNames.\\nPopula-\\ntion to\\nsq. m.\\nArea in\\nsq. m.\\nPopula-\\ntion, 1890.\\n1\\n1.\\nf 1787, Dec. 7\\nDelaware\\n82.1\\n2,050\\n168,493\\n3\\n(3\\n.2\\nDec. 12\\n2\\nPennsylvania\\n111.2\\n45,215\\n5,258,014\\n30\\n32\\n3\\nDec. 18\\n3\\nNew Jersey\\n179.7\\n7,815\\n1,444,933\\n8\\n10\\n1788, Jan. 2\\n4\\nGeorgia\\n30.8\\n59,475\\n1,837,353\\n11\\n13\\ni\\nJan. 9\\n5\\nConnecticut\\n149.5\\n4,990\\n746,258\\n4\\n6\\nFeb. 6\\n6\\nMassachusetts\\n269.2\\n8,315\\n2,238,943\\n13\\n15\\no,\\nApril 28\\n7\\nMaryland\\n85.3\\n12,210\\n1,042,390\\n6\\n8\\n.5\\nMay 23\\n8\\nSouth Carolina\\n37.6\\n30,570\\n1,151,149\\n7\\n9\\n+3\\nJune 21\\n9\\nNew Hampshire\\n40.4\\n9,305\\n376,530\\n2\\n4\\n13\\n2\\nJune 25\\n10\\nVirginia\\n39.\\n42,450\\n1,655,980\\n10\\n12\\nS\\nJuly 26\\n11\\nNew York\\n121.9\\n49,170\\n5,997,853\\n34\\n36\\nH\\n1789, Nov. 21\\n12\\nNorth Carolina\\n30.9\\n52,250\\n1,617,947\\n9\\n11\\nP4\\n1790, May 29\\n13\\nRhode Island\\n276.4\\n1,250\\n345,506\\n2\\n4\\n1791, March 4\\n14\\nVermont\\n34.6\\n9,565\\n332,422\\n2\\n4\\n1792, June 1\\n15\\nKentucky\\n46.\\n40,400\\n1,858,635\\n11\\n13\\n1796, June 1\\n16\\nTennessee\\n42.\\n42,050\\n1,767,518\\n10\\n12\\n1802, Nov. 29\\n17\\nOhio\\n89.4\\n41,060\\n3,672,316\\n21\\n23\\n1812, April 30\\n18\\nLouisiana\\n22.9\\n48,720\\n1,118,587\\n6\\n8\\n1816, Dec. 11\\n19\\nIndiana\\n60.3\\n36,350\\n2,192,404\\n13\\n15\\n1817, Dec. 10\\n20\\nMississippi\\n42.7\\n46,810\\n1,289,600\\n7\\n9\\n1818, Dec. 3\\n21\\nIllinois\\n67.5\\n56,650\\n3,826,351\\n22\\n24\\n1819, Dec. 14\\n22\\nAlabama\\n28.9\\n52,250\\n1,513,017\\n9\\n11\\n1820, March 15\\n23\\nMaine\\n20.\\n33,040\\n661,086\\n4\\n6\\na\\n1821, Aug. 10\\n24\\nMissouri\\n38.5\\n69,415\\n2,679,184\\n15\\n17\\no\\n1836, June 15\\n25\\nArkansas\\n20.9\\n53,850\\n1,128,179\\n6\\n8\\n3\\n1837, Jan. 26\\n26\\nMichigan\\n35.5\\n58,915\\n2,093,889\\n12\\n14\\n1845, March 3\\n27\\nFlorida\\n6.6\\n58,680\\n391,422\\n2\\n4\\n.a\\n1845, Dec. 29\\n28\\nTexas\\n8.4\\n265,780\\n2,235,523\\n13\\n15\\nO\\n1846, Dec. 28\\n29\\nIowa\\n34.1\\n56,025\\n1,911,896\\n11\\n13\\n1848, May 29\\n30\\nWisconsin\\n30.\\n56,040\\n1,686,880\\n10\\n12\\n1850, Sept. 9\\n31\\nCalifornia\\n7.6\\n158,360\\n1,208,130\\n7\\n9\\n-M\\n1858, May 11\\n32\\nMinnesota\\n15.6\\n83,365\\n1,301,826\\n7\\n9\\n1\\n1859, Feb. 14\\n33\\nOregon\\n3.2\\n96,030\\n313,767\\n2\\n4\\n73\\n1861, Jan. 29\\n34\\nKansas\\n17.3\\n82,080\\n1,427,096\\n8\\n10\\n1863, June 19\\n35\\nWest Virginia\\n30.7\\n24,780\\n762,794\\n4\\n6\\n1864, Oct. 31\\n36\\nNevada\\n0.4\\n110,700\\n45,761\\n1\\n3\\n1867, March 1\\n37\\nNebraska\\n13.6\\n77,510\\n1,058,910\\n6\\n8\\n1876, Aug. 1\\n38\\nColorado\\n3.9\\n103,925\\n412,198\\n2\\n4\\n1889, Nov. 2 1\\n39\\nNorth Dakota 1\\nSouth Dakota j\\n2.5\\n70,795\\n182,719\\n1\\n3\\n40\\n4.2\\n77,650\\n328,808\\n2\\n4\\n1889, Nov. 8\\n41\\nMontana\\n0.9\\n146,080\\n132,159\\n1\\n3\\n1889, Nov. 11\\n42\\nWashington\\n5.\\n69,180\\n349,390\\n2\\n4\\n1890, July 3\\n43\\nIdaho\\n0.9\\n84,800\\n84,385\\n1\\n3\\n1890, July 10\\n44\\nWyoming\\n0.6\\n97,890\\n60,705\\n1\\n3\\n1850, Sept. 9\\nNew Mexico\\n1.2\\n122,580\\n153,593\\nTS\\n1850, Sept. 9\\nUtah\\n2.4\\n84,970\\n207,905\\ns\\n1863, Feb. 24\\nArizona\\n0.5\\n113,020\\n59,620\\ni\\n1868, July 27\\nAlaska\\n577,390\\nno census\\nem\\n1834, Jime 30\\nIndian Territory\\n31,400\\nno census\\n1889, April 22\\nOklahoma\\n1.5\\n39,030\\n61,834\\n1791, March 3\\nDist. of Columbia\\n3,291,1\\n70\\n230,392\\n1892, total House of Representatives 356 Senate 88 electoral vote\u00c2\u00bb, 444.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0378.jp2"}, "379": {"fulltext": "EXAMINATION PAPER.\\n337\\nAPPENDIX H.\\nPOPULATION OF THE UNITED STATES, 1790-1890,\\nShowing Percentages of Urban Population.\\nDate.\\nPop. of U. S.\\nNo. of Cities.\\nPop. of Cities.\\nPercentage of Urban\\nPopulation.\\n1790\\n3,929,214\\n6\\n131,472\\n3.33\\n1800\\n5,308,483\\n6\\n210,873\\n3.9\\n1810\\n7,239,881\\n11\\n356,920\\n4.9\\n1820\\n9,633,822\\n13\\n474,135\\n4.9\\n1830\\n12,866,020\\n26\\n864,509\\n6.7\\n1840\\n17,069,453\\n44\\n1,453,994\\n8.5\\n1850\\n23,191,876\\n85\\n2,897,586\\n12.5\\n1860\\n31,443,321\\n141\\n5,072,256\\n16.1\\n1870\\n38,558,371\\n226\\n8,071,875\\n20.9\\n1880\\n50,155,783\\n286\\n11,318,597\\n22.5\\n1890\\n62,622,250\\n443\\n8,235,670\\n29.1\\nAPPENDIX I.\\nAN EXAMINATION PAPER FOR CUSTOMS CLERKS.\\nApplicant s No.\\nApplicant s Declaration.\\nDirections. 1. The number above is your examination number.\\nWrite it at the top of every sheet given you in this examination.\\n2. Fill promptly all the blanks in this sheet. Any omission may\\nlead to the rejection of your papers.\\n3. Write all answers and exercises in ink.\\n4. Write your name on no other sheet but this.\\nF^lace this sheet in the envelope. Write your number on the en-\\nvelope and seal the same.\\ndeclaration.\\nI declare upon my honour as follows\\n1. My true and full name is (if female, please say whether\\nMrs. or Miss)\\n2. Since my applicatioB was made I have been living at (give\\nall the places)", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0379.jp2"}, "380": {"fulltext": "338 APPENDIX I.\\n3. My post-office address in full is\\n4. If examined within twelve months for the civil service\\nfor any post-office, custom-house, or Department at Washing-\\nton state the time, place, and result.\\n5. If you have ever been in the civil service, state where and\\nin what position, and when you left it and the reasons therefor.\\n6. Are you now under enlistment in the army or navy?\\n7. If you have been in the military or naval service of the\\nUnited States, state which, and v/hether you were honourably\\ndischarged, when, and for what cause.\\n8. Since my application no change has occurred in my health\\nor physical capacity except the following\\n9. I was born at on the day of 188\\n10. My present business or employment is\\n11. I swore to my application for this examination as near as\\nI can remember at (town or city of) on the day\\nof 188\\nAll the above statements are true, to the best of my knowl-\\nedge and belief.\\n(^Signature in usual form.\\nDated at the city of State of this day\\nof 188\\nFirst Subject.\\nQuestion 1. One of the examiners will distinctly read (at a\\nrate reasonable for copying) fifteen lines from the Civil- Service\\nLaw or Rules, and each applicant will copy the same below from\\nthe reading as it proceeds.\\nQuestion 2. Write below at length the names of fifteen States\\nand fifteen cities of the Union.\\nQuestion 3. Copy the following precisely\\nAnd in my opinion, sir, this principle of claiming monopoly\\nof office by the right of conquest, unl ess the public shall effectu-\\nally rebuke and restrain it, will effectually change the charac-\\nter of our Government. It elevates party above country; it for-\\ngets the common weal in the pursuit of personal emolument it\\ntends to form, it does form, we see that it has formed, a politi-\\ncal combination, united by no common principles or opinions\\namong its members, either upon the powers of the Government\\nor the true policy of the country, but held together simply as an\\nassociation, under the charm of a popular head, seeking to\\nmaintain possession of the Government by a vigorous exercise", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0380.jp2"}, "381": {"fulltext": "EXAMINATION PAPER. 339\\nof Jts patronage, and for this purpose agitating and alarming\\nand distressing social life by the exercise of a tyrannical party\\nproscription. Sir, if this course of things cannot be checked,\\ngood men will grow tired of the exercise of political privileges.\\nThey will see that such elections are but a mere selfish contest\\nfor office, and they will abandon the Government to the scram-\\nble of the bold, the daring, and the desperate. Daniel Web-\\nster on Civil Service, in 1832.\\nQuestion 4. Correct any errors in spelling which you find in\\nthe following sentences, writing your letters so plainly that no\\none of them can be mistaken\\nUnquestionebly every federil offeser should be able to spell\\ncorectly the familier words of his own languege.\\nLose her hankercheif and elivate her head immediatly or she\\nwill spedily loose her life by strangelation.\\nSecond Subject.\\nQuestion 1. Multiply 2341705 by 23870 and divide the pro-\\nduct by 6789.\\nGive operation in full.\\nQuestion 2. Divide two hundred and five thousand two hun-\\ndred and five, and two hundred and five ten-thousandths, by\\none hundred thousand one hundred, and one hundredth.\\nQuestion 3. Multiply 10| by 1\\\\ and divide the product by 91,\\nreducing the same to the simplest form.\\nGive operation in full.\\nQuestion 4. The annual cost of the public schools of a city is\\n$36,848. What school-tax must be assessed, the cost of collect-\\ning being 2 per cent., and 6 per cent of the assessed tax being\\nuncollectible\\nGive ojieration in full.\\nQuestion 5. Add 7|, of 6|, 8^1, 61 divided by 8^, and re-\\nduce to lowest terms.\\nGive operation in full.\\nQuestion 6. The Government sold 3000 old muskets at 22^\\nper cent, of their cost. The purchaser becoming insolvent paid\\nonly 13 per cent, of the price he agreed to pay; that is, he paid\\n$900. What did each musket cost the Government?\\nGive operation in full.\\nQuestion 7. What will it cost to carpet a room 36 feet wide by\\n72 feet long with -I width carpet at $2.12 per yard, including", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0381.jp2"}, "382": {"fulltext": "340 APPENDIX I.\\ncost of carpet-lining at 11 cents a square yard and 12 cents a\\nyard for making and laying the carpet?\\nGive operation in full.\\nQuestion 8. A owned of a ship and sold of his share to B,\\nwho sold -I of what he bought to C, who sold of what he\\nbought to D. What part of the whole vessel did D buy\\nGive operation in full.\\nQuestion 9. A man bought a cargo of wool and sold seven\\nthousand and forty-five ten-thousandths of it. How much had\\nhe left?\\nGive operation in full in decimal fractions.\\nQuestion 10. A merchant imported from Bremen 32 pieces o\u00c2\u00a3\\nlinen of 32 yards each, on which he paid for the duties, at 24\\nper cent, $122.38, and other charges to the amount of $40.96.\\nWhat was the invoice value per yard, and the cost per yard\\nafter duties and charges were paid\\nGive operation in full.\\nThird Subject.\\nQuestion 1. On a mortgage for $3,125, dated July 5, 1880\\n(interest at 3|^ per cent), a payment of $840 was made April 23,\\n1881. What amount was due January 17, 1882?\\nGive operation in full.\\nQuestion 2. The Government sold an old vessel for $160,000,\\nl^ayable two fifths in eight months and the residue in seventeen\\nmonths from the sale. What was the present cash value of the\\nvessel, the current rate of interest on money being five per cent\\nGive operation in full.\\nQuestion 3. Write a promissory note to be given by J.\\nBrown to J. Smith, for 60 days, without grace, for $500, at 5\\nper cent interest, and state what amount will be due at matu-\\nrity of the note.\\nQuestion 4. James X. Young, a contractor, had the follow-\\ning dealings with the Treasury Department He furnished\\nJanuary 4, 1882, 14 tables at $16 each; June 6, 1882, 180 desks\\nat $18.50 each; December 7, 1882, 150 chairs at $2 each, and\\nJuly 18, 1883, 14 book-cases at $90 each. He was paid cash as\\nfollows: January 31, 1882, $224; June 30, $1,800; December 18,\\n$300; and July 31, 1883, he was allowed on settlement $75 for\\ncartage and charged $25 for breakages. State his account and\\nshow balance due.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0382.jp2"}, "383": {"fulltext": "EXAMINATION PAPER. 341\\nFourth Subject.\\nQuestion 1. State the meaning of tense and of mood, and ex-\\nplain the difference between them in the English language or\\ngrammar.\\nQuestion 2. Correct any errors you find in the following sen-\\ntences\\nThe boy done it, and he is as restless here as he will be if he\\nwas with you.\\nHe had did it and spoke of doing it before we come here.\\nQuestion 3. Write a letter to Senator Jackson answering in\\nfull his letter of September 7 to the Secretary of the Treasury\\nin which he asks How must my nephew proceed to obtain a\\nclerkship in the Treasury Department, under the Civil-Service\\nLaw, and what are the requisite qualifications of 1 good\\nclerk?\\nFifth Subject.\\nQuestion 1. Write without abbreviation the names of fifteen\\nseaports of the Union.\\nQuestion 2. Name four of the principal tributaries of the\\nMississippi River.\\nQuestion 3. Bound the State in which you live.\\nQuestion 4. Which States are peninsular, and upon what\\nwaters are they situated\\nQuestion 5. Name six of the principal railroads in the United\\nStates.\\nQuestion 6. Name seven of the leading agricultural products\\nof the United States, and state in what section of the country\\neach is most extensively cultivated.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0383.jp2"}, "384": {"fulltext": "342 APPENDIX J.\\nAPPENDIX J.\\nTHE NEW YOEK COEEUPT PEACTICES ACT OF 1890.\\nChap. 94. An Act to amend title five op the Penal Code\\nrelating to crimes against the elective peanchise.\\nApproved by the Governor April 4, 1890. Passed, three fifths being present.\\nThe People of the State of New York, represented in Senate and\\nAssembly, do enact as follows:\\nSection 1. Title five of the Penal Code, entitled Of crimes\\nagainst the elective franchise, is hereby amended so as to read\\nas follows\\n41. It shall be unlawful for any person, directly or indirectly,\\nby himself or through any other person\\n1. To pay, lend, or contribute, or offer or promise to pay, lend,\\nor contribute any money or other valuable consideration, to or\\nfor any voter, or to or for any other person, to induce such voter\\nto vote or refrain from voting at any election, or to induce any\\nvoter to vote or refrain from voting at such election for any par-\\nticular person or persons, or to induce such voter to come to the\\npolls or remain away from the polls at such election, or on ac-\\ncount of such voter having voted or refrained from voting or\\nhaving voted or refrained from voting for any particular person,\\nor having come to the poll or remained away from the polls at\\nsuch election.\\n2. To give, oflFer, or promise any office, place, or employment,\\nor to promise to procure or endeavour to procure any office,\\nplace, or employment to or for any voter, or to or for any other\\nperson, in order to induce such voter to vote or refrain from\\nvoting at any election, or to induce any voter to vote or re-\\nfrain from voting at such election for any particular person or\\npersons.\\n3. To make any gift, loan, promise, offer, procurement, or\\nagreement, as aforesaid, to, for, or with any person in order\\nto induce such person to procure or endeavour to procure the\\nelection of any person, or the vote of any voter at any election.\\n4. To procure or engage, promise or endeavour to procure, in\\nconsequence of any such gift, loan, offer, promise, procurement,\\nor agreement, the election of any person or the vote of any voter\\nat such election.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0384.jp2"}, "385": {"fulltext": "NEW YORK CORRUPT PRACTICES ACT. 343\\n5. To advance or pay or cause to be paid any money or other\\nvaluable thing to or for the use of any other person -with the in-\\ntent ihat the same, or any part thereof, shall be used in bribery\\nat any election, or to knowingly pay, or cause to be paid, any\\nmoney or other valuable thing to any person in discharge or re-\\npayment of any money, wholly or in part, expended in bribery\\nat any election.\\n41a. It shall be unlawful for any person, directly or indi-\\nrectly, by himself or through any other person\\n1. To receive, agree, or contract for, before or during an\\nelection, any money, gift, loan, or other valuable consideration,\\noffice, place, or employment for himself or any other person, for\\nvoting or agreeing to vote, or for coming or agreeing to come to\\nthe polls, or for remaining away or agreeing to remain away\\nfrom the polls, or for refraining or agreeing to refrain from vot-\\ning, or for voting or agreeing to vote or refraining or agreeing\\nto refrain from voting for any particular person or persons at any\\nelection.\\n2. To receive any money or other valuable thing during or\\nafter an election on account of himself or any other person hav-\\ning voted or refrained from voting at such election, or on account\\nof himself or any other person having voted or refrained from\\nvoting for any particular person at such election, or on account\\nof himself or any other person having come to the polls or re-\\nmained away from the polls at such election, or on account of\\nhaving induced any other person to vote or refrain from voting\\nor to vote or refrain from voting for any particular person or per-\\nsons at such election.\\n416. It shall be unlawful for any candidate for public office,\\nbefore or during an election, to make any bet or wager with a\\nvoter, or take a share or interest in or in any manner become a\\nparty to any such bet or wager, or provide or agree to provide\\nany money to be used by another in making such bet or wager,\\nupon any event or contingency whatever. Nor shall it be law-\\nful for any person, directly or indirectly, to make a bet or wager\\nwith a voter, depending upon the result of any election, with the\\nintent thereby to procure the challenge of such voter, or to pre-\\nvent him from voting at such election.\\n41c. It shall be unlawful for any person, directly or indi-\\nrectly, by himself or any other person in his behalf, to make use\\nof, or threaten to make use of, any force, violence, or restraint,\\nor to inflict or threaten the infliction by himself, or through any", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0385.jp2"}, "386": {"fulltext": "344 APPENDIX J.\\nother person, of any injury, damage, harm, or loss, or in any\\nmanner to practice intimidation upon or against any person, in\\norder to induce or compel such person to vote or refrain from\\nvoting at any election, or to vote or refrain from voting for any\\nparticular person or persons at any election, or on account of\\nsuch person having voted or refrained from voting at any elec-\\ntion. And it shall be unlawful for any person by abduction,\\nduress, or any forcible or fraudulent device or contrivance what-\\never to impede, prevent, or otherwise interfere with, the free\\nexercise of the elective franchise by any voter or to compel;\\ninduce, or prevail upon any voter either to give or refrain from\\ngiving his vote at any election, or to give or refrain from giving\\nhis vote for any particular person at any election. It shall not\\nbe lawful for any employer in paying his employees the salary\\nor wages due them to inclose their pay in pay envelopes upon\\nwhich there is written or printed any political mottoes, devices,\\nor arguments containing threats, express or implied, intended or\\ncalculated to influence the political opinions or actions of such\\nemployees. Nor shall it be lawful for any employer, within ninety\\ndays of general election to put up or otherwise exhibit in his fac-\\ntory, work-shop, or other establishment or place where his em-\\nployees may be working, any hand-bill or placard containing any\\nthreat, notice, or information that in case any particular ticket or\\ncandidate shall be elected, work in his place or establishment\\nwill cease, in whole or in part, or his establishment be closed up,\\nor the wages of his workmen be reduced,- or other threats, express\\nor implied, intended or calculated to influence the political opin-\\nions or actions of his employees. This section shall apply to\\ncorporations, as well as to individuals, and any person or corpo-\\nration violating the provisions of this section shall be deemed\\nguilty of a misdemeanour, and any corporation violating this\\nsection shall forfeit its charter,\\nAid. Every candidate who is voted for at any public election\\nheld within this state shall, within ten days after such election,\\nfile as hereinafter provided an itemized statement, showing in\\ndetail all the moneys contributed or expended by him, directly\\nor indirectly, by himself or through any other person, in aid of\\nhis election. Such statement shall give the names of the vari-\\nous persons who received .such moneys, the specific nature of\\neach item, and the purpose for which it was expended or con-\\ntributed. There shall be attached to such statement an affidavit\\nsubscribed and sworn to by such candidate, setting forth in sub-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0386.jp2"}, "387": {"fulltext": "NEW YORK CORRUPT PRACTICES ACT. 345\\nstance that the statement thus made is in all respects true, and\\nthat the same is a full and detailed statement of all moneys\\nso contributed or expended by him, directly or indirectly, by\\nhimself or through any other person in aid of his election.\\nCandidates for offices to be filled by the electors of the entire\\nstate, or any division or district thereof greater than a county,\\nshall file their statements in the office of the secretary of state.\\nThe candidates for town, village, and city offices, excepting the\\ncity of New York, shall file their statements in the office of the\\ntown, village, or city clerk respectively, and in cities wherein\\nthere is no city clerk, with the clerk of the common council\\nwherein the election occurs. Candidates for all other offices,\\nincluding all offices in the city and county of New York, shall\\nfile their statements in the office of the clerk of the county\\nwherein the election occurs.\\n41e. A person offending against any provision of sections\\nforty-one and forty-one-a of this act is a competent witness\\nagainst another person so offending, and may be compelled to\\nattend and testify upon any trial, hearing, proceeding, or inves-\\ntigation in the same manner as any other person. But the tes-\\ntimony so given shall not be used in any prosecution or proceed-\\ning, civil or criminal, against the person so testifying. A person\\nso testifying shall not thereafter be liable to indictment, prose-\\ncution, or punishment for the offense with reference to which his\\ntestimony was given and may plead or pi-ove the giving of\\ntestimony accordingly, in bar of such an indictment or prose-\\ncution.\\n41/. Whosoever shall violate any provision of this title, upon\\nconviction thereof, shall be punished by imprisonment in a\\ncounty jail for not less than three months nor more than one\\nyear. The offenses described in section forty-one and forty-\\none-a of this act are hereby declared to be infamous crimes.\\nWhen a person is convicted of any offense mentioned in sec-\\ntion forty-one of this act he shall in addition to the punishment\\nabove prescribed, forfeit any office to which he may have been\\nelected at the election with reference to which such offense was\\ncommitted and when a person is convicted of any offense men-\\ntioned in section forty-one-a of this act he shall in addition to\\nthe punishment above prescribed be excluded from the right of\\nsuffrage for a period of five years after such conviction, and it\\nshall be the duty of the county clerk of the county in which\\n1 So in the original.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0387.jp2"}, "388": {"fulltext": "346 APPENDIX J.\\nany such conviction shall be had, to transmit a certified copy of\\nthe record of conviction to the clerk of each county of the state,\\nwithin ten days thereafter, which said certified copy shall be\\nduly filed by the said county clerks in their respective ofiices.\\nAny candidate for office who refuses or neglects to file a state-\\nment as prescribed in section forty-one-d of this act shall be\\ndeemed guilty of a misdemeanour, punishable as above provided\\nand shall also forfeit his office.\\n41^. Other crimes against the elective franchise are defined,\\nand the punishment thereof prescribed by special statutes.\\n2. Section forty-one of the Penal Code, as it existed prior\\nto the passage of this act, is hereby repealed.\\n3. This act shall take effect immediately.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0388.jp2"}, "389": {"fulltext": "FORM OF AUSTRALIAN BALLOT. 347\\nAPPENDIX K.\\nFORM OF AUSTRALIAN BALLOT ADOPTED IN MASSA\\nCHUSETTS, 1889.\\nOFFICIAL BALLOT\\nFOK\\nPrecinct Ward\\nof (city or town),\\nNOVEMBER 18\\n[Fac-Simile of Signature of Secretary.]\\nSecretary of the Commonwealth.\\nSAMPLE BALLOT,\\nWith explanations and illustration.\\nPrepared by the Ballot Act League with the approval of the\\nSecretary of the Commonwealth.\\nSome representative districts elect one, some two, and a few\\nthree representatives to the General Court. Worcester County\\nelects four commissioners of insolvency instead of three as\\nin other counties.\\nNo county commissioners or special commissioners will be\\nvoted for in the cities of Boston and Chelsea or the county of\\nNantucket.\\nForms for nominating candidates can be had at the depart-\\nment of the Secretary of the Commonwealth.\\nCarefully observe the official specimen ballots to be posted\\nand published just before election day.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0389.jp2"}, "390": {"fulltext": "348 APPENDIX K.\\nTo vote for a Person,\\nmark a Cross X\\nGOVERNOR\\nVote for ONE.\\nOLIVER AMES, of Easton\\nRepublican.\\nWILLIAM H. EARLE, of Worcester\\nProhibition.\\nWILLIAM E. RUSSELL, of Cambridge\\nDemocratic.\\nLIEUTENANT-GOVERNOR\\nVote for ONE. 1\\nJOHN BASCOM, of Williamstown\\nProhibition.\\nJOHN Q. A. BRAGKETT, of Arliugton\\nRepublican.\\nJOHN W. CORCORAN, of Clinton\\nDemocratic.\\nI\\nSECRETARY\\nVote for ONE.!\\nWILLIAM N. OSGOOD, of Boston\\nDemocratic.\\nHENRY B. PEIRCE, of Abington\\nRepublican. j\\nHENRY C. SMITH, of Williamsburg\\nProhibition.\\n1\\nTREASURER\\nVote for ONE.\\nJOHN M. FISHER, of Attleborough\\nProhibition.\\nGEORGE A. MARDEN, of Lowell\\nRepublican.\\nHENRY C. THACHER, of Yarmouth\\nDemocratic.\\n1\\nAUDITOR\\nVote for ONE.\\nCHARLES R. LADD, of Springfield\\nRepublican.\\nEDMUND A. STOWE, of Hudson\\nProhibition.\\nWILLIAM A. WILLIAMS, of Worcester\\nDemocratic.\\nj\\nATTORNEY-GENERAL\\nVote for ONE.\\nALLEN COFFIN, of Nantucket\\nProhibition.\\nSAMUEL 0. LAMB, of Greenfield\\nDemocratic.\\nANDREW J. WATERMAN, of Pittsfield\\nRepublican.\\n1\\nCOUNCILLOR, Third District\\nVote for ONE.\\nROBERT 0. FULLER, of Cambridge\\nRepublican.\\nWILLIAM B. PLUMMER, of Newton\\nDemocratie.\\nSYLVANUS C. SMALL, of Winchester\\nProhibition.\\nSENATOR, Third Middlesex District\\nVote for ONE.\\nFREEMAN HUNT, of Cambridge\\nDemocratic.\\nCHESTER W. KINGSLEY, of Cambridge\\nRepublican. 1\\n1 Prohibition.\\nDISTRICT ATTORNEY, Northern District Vote for ONE.\\nCHARLES S. LINCOLN, of Somerville\\nDemocratic.\\nJOHN M. READ, of Lowell\\nProhibition.\\nWILLIAM B. STEVENS, of Stoneham\\nRepublican.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0390.jp2"}, "391": {"fulltext": "FORM OF AUSTRALIAN BALLOT. 349\\nIn the Square at the right of the\\nname.\\nREPRESENTATIVES IN GENERAL\\nFirst Middlesex District.\\nCOURT\\nVote for TWO.\\nWILLIAM H. MARBLE, of Cambridge\\nProhibition. I\\nISAAC McLEAN, of Cambridge\\nDemocratic.\\nGEORGE A. PERKINS, of Cambridge\\nDemocratic.\\nJOHN READ, of Cambridge\\nRepublican.\\nCHESTER F. SANGER, of Cambridge\\nRepublican.\\nWILLIAM A. START, of Cambridge\\nProhibition.\\nSHERIFF\\nVote for ONE.\\nHENRY G. GUSHING, of Lowell\\nRepublican.\\nHENRY G. HARKINS, of LoweU\\nProhibition.\\nWILLIAM H. SHERMAN, of Ayer\\nDemocratic.\\n1\\nCOMMISSIONERS OF INSOLVENCY.\\nVote for THREE.\\nJOHN W. ALLARD, of Framingham\\nDemocratic.\\nGEORGE J. BURNS, of Ayer\\nRepublican.\\nWILLIAM P. CUTTER, of Cambridge\\nProhibition.\\n\u00c2\u00a5RJED\u00c2\u00a3RIG T. GREENHALGE, of Lowell\\nRepublican.\\nJAMES HICKS, of Cambridge\\nProhibition.\\nJOHN C. KENNEDY, of Newton\\nRepublican.\\nRICHARD J. MoKELLEGET, of Cambridge\\nDemocratic.\\nEDWARD D. McVBY, of Lowell\\nDemocratic.\\nELMER A. STEVENS, of Somerville\\nProhibition.\\nCOUNTY COMMISSIONER.\\nVote for ONE. 1\\nWILLIAM S. FROST, of Marlborough\\nRepublican.\\nJOSEPH W. BARBER, of Sherbom\\nProhibition.\\nJAMES SKLNNER, of Woburn\\n1\\nSPECIAL COMMISSIONERS\\nVote for TWO.\\nHENRY BRADLEE, of Medford\\nDemocratic.\\nLYMAN DYKE, of Stoneham\\nRepublican.\\nJOHN J. DONOVAN, of Lowell\\nDemocratic.\\nWILLIAM E. KNIGHT, of Shirley\\nProhibition.\\nORSON E. MALLORY, of Lowell\\nProhibition.\\nEDWIN E. THOMPSON, of Woburn\\nRepublican. 1", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0391.jp2"}, "392": {"fulltext": "350\\nAPPENDIX K.\\nSEEIOa OF POLLING PLACE.\\nSUGGESTIONS TO VOTERS.\\nGive your name and residence to the ballot clerk, who, on finding your name on\\nthe check list, will admit you within the rail and hand you a ballot.\\nGo alone to one of the voting shelves and there unfold your ballot.\\nMark a cross X in the square at the right of the name of each person for whom\\nyou wish to vote. No other method of marking, such as erasing names, will an-\\nswer.\\nThus, if you wished to vote for John Bowles for Governor, you would mark\\nyour ballot in this way\\nGOVERNOR\\nVote for ONE.\\nJOHN BOWLES, of Taunton\\nProhibition. X\\nTHOMAS E. MEANS, of Boston\\nDemocratic.\\nEOJAH SMITH, of Pittsfield\\nRepublican.\\nIf you wish to vote for a person whose name is not on the ballot, write, or inseri\\nby a sticker, the name in the blank line at the end of the list of candidates for thi\\noffice, and mark a cross X in the square at the right of it. Thus, if you wished tc\\nvote for George T. Morton, of Chelsea, for Governor, you would prepare your bal-\\nlot in this way\\nGOVERNOR\\nVote for ONE.\\nJOHN BOWLES, of Taunton\\nProhibition.\\nTHOMAS E. MEANS, of Boston\\nDemocratic.\\n1 ELIJAH SMITH, of Pittsfield\\nRepublican.\\nGeorge T. Morton, of Chelsea\\nIX*\\nNotice, that for some ofSces you may vote for two or three candidates, as\\nItated in the ballot at the right of the name of the office to be voted for, e. g.\\nCommissioners of Insolvency. Vote for Three.\\nIf you spoil a ballot, return it to the ballot clerk, who will give you another.\\nTon cannot have more than two extra ballots, or three in all.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0392.jp2"}, "393": {"fulltext": "FORM OF AUSTRALIAN BALLOT. 351\\nYou cannot remain within the rail more than ten minutes, and in case all the\\nshelves are in use and other voters waiting, you are allowed only five minutes at\\nthe voting shelf.\\nBefore leaving the voting shelf, fold your ballot in the same way as it was folded\\nwhen you received it, and lieep it so folded until you place it in the ballot box.\\nDo not show any one how you have marked your ballot.\\nGo to the ballot box and give your name and residence to the officer in charge.\\nPut your folded ballot in the box with the certificate of the Secretary of the\\nCommonwealth uppermost and in sight.\\nYou are not allowed to carry away a ballot, whether spoiled or not.\\nA voter who declares to the presiding official (under oath, if required) that he\\nwas a voter before May 1, 1857, and cannot read, or that he is blind or physically\\nunable to mark his ballot, can receive the assistance of one or two of the \u00c2\u00a9lection\\nofficers in the markine; of his ballot.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0393.jp2"}, "394": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0394.jp2"}, "395": {"fulltext": "INDEX.\\nAbbots, 60.\\nAdams, E., 277.\\nAdams, H. B., xiii., 46, 98.\\nAdams, H. C, 272.\\nAdams, J., 227, 232, 235.\\nAdams, J. Q., 227, 263.\\nAdams, S., 31, 162.\\nAdirondacks, 127.\\nAgora, 34.\\nAlabama, shire towns in, 62.\\nAladdin s lamp, 133.\\nAlbany CongreM, 203.\\nAldermen, 102, 107, 108, 111, 114, 122.\\nAlexander VI., 140.\\nAlfred the Great, 9, 40, 43, 51.\\nAlice in the Looking-Glass Country, 84.\\nAUinson, E. P., 134.\\nAmbassadors, 238.\\nAmending constitutions, 195,\\nAmendments to C ^nstitutioD Oi United\\nStates, 190, 227, 56.\\nAndrews, CM., 46.\\nAndrews, E. B., 273.\\nAndros, Sir E., 149.\\nAnnapolis, 113, 206.\\nArthur, C. A., 2G4.\\nArticles of Confederation, 205, 248.\\nAssemblies, colonial, 154, 160 dissolu-\\ntion of, 161, 105 primary and repre-\\nsentative, 99.\\nAssessment and collection of taxes,\\n25-29, 33, 45, 51, 63, 77, 78.\\nAssessors, 20, 21, 24-29, 33, 41, 45, 78,\\n79, 116.\\nAssistants, in New Tork, 111 in Massa-\\nchusetts, 147.\\nAthens, 34, 172.\\nAttainder, 247.\\nAttorney-generals, 169, 240.\\nAuditors, 130, 169.\\nAustralia, 57.\\nAustralian ballot, 265,\\nBabeau, A., 15.\\nBagehot, W., 274.\\nBailiffs, 36, 75.\\nBallot, 24, 265.\\nBaltimore, Lord, 150.\\nBancroft, G., 185, 272.\\nBand-C f-States and Banded-State, 2*1,\\n250.\\n1\\nBank, national, 260.\\nBarrington, 36,\\nBarrows, W., 186.\\nBase lines, 82, 88.\\nBeadles, 36, 38.\\nBecktord, W., 109.\\nBemis, E., 89, 92, 94, 98.\\nBerkeley, Lord, 144, 152.\\nBill of Rights, 190, 256.\\nBoard of estimate in Brooklyn, 131.\\nBoiling, J., 58.\\nBouham, J. M., 274.\\nBorouglis, 50 in England, 103-111 in\\nsome American states, 103.\\nBorough-reeves, 106.\\nBoston, 27, 31, 85, 101, 102, 119, 139;\\nlist of city officials, 122.\\nBourinot, J. G., 98.\\nBouvier, J., 189.\\nBo wen, F., 277\\nBrentano, L., 139.\\nBribery, 129, 266.\\nBrigandage in England in fourteenth\\ncentury, 52.\\nBristol, 106.\\nBrooklyn, 116, 119, 130-133, 137.\\nBrotherhoods, 75, 76.\\nBrowne, W. H., 151, 185.\\nBuchanan, J., 231.\\nBuckle, H. T., 15.\\nBugbee, J. M., 123, 139.\\nBundesstaat, 244.\\nBunker Hill, 158, 205.\\nBurgesses, 103, 146.\\nBurgesses, House of, 145, 155.\\nBurgoyne, J., 208.\\nBurgundy, Duke of, 1.\\nBurr, A., 227.\\nBryce, J., 193, 216, 217, 233, 272.\\nBy-laws, 31, 34, 36, 38, 59, 112.\\nCabinet, 236-240.\\nCabinet vs. presidential government,\\n167-169, 236.\\nCabot, J., 140.\\nCairo, 111., 89.\\nCalifornia, 57, 93, 95.\\nCalvert, C, 150.\\nCambridge, Eng., 103.\\nCambridge, Mass., 17, 102, 271.\\nCarr, D., 203.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0395.jp2"}, "396": {"fulltext": "854\\nINDEX.\\nCarr, L., 186.\\nCarteret, Sir G., 145, 152.\\nCartier, J., 140.\\nCasters, castra, 104, 114.\\nCato, C5.\\nCaucus, congressional, 232.\\nCemeteries, 2.\\nCentralization vs. local self-government,\\n274.\\nCentralized administration in France,\\n173, 174.\\nCentury, 76.\\nChalmers, M. D., 50, 273.\\nChamberlains, 111.\\nChancellor, 221.\\nChanning, E., 46, 58, 64.\\nCharing Cross, 108.\\nCharles I., 143, 150.\\nCharlen II., 143, 149, 193.\\nCharles City county, Va., 62.\\nCharles river, 146.\\nCharleston, S. C. (city), 72, 73; (county),\\n74.\\nCharter of Connecticut, 193 of Mary-\\nland, 150 of 1606, 142.\\nCharters of Massachusetts, 146, 149, 202,\\n204.\\nCharters and constitutions, 188, 189.\\nCharters of mediaeval towns, 188.\\nCheating the government, 28.\\nCiierokees, 75.\\nCheshire, a county palatine, 150.\\nCliesters, castra, 104, 114.\\nCliicago, 27, 85, 86, 116, 119.\\nChimneys, 121.\\nChristendom, ISS.\\nChurches, 16, 37, 38.\\nChurch-rates, 37.\\nChurchwardens, 38, 59.\\nCircumlooutiou office, 126.\\nCities, 50 in Virginia, 58, 146 defini-\\ntion of, in England and in tlie United\\nStates, 103 rapid growth of, 119, 137\\ngovernment of, 116-139 debts of, 120,\\n127, 134 corruption in, 110, 114, 118,\\n135.\\nCitizens, duty of, 10, 11.\\nCivil service, 128, 132, 261-264.\\nCivil War, 73, 80, 170, 177, 246, 258, 263.\\nClans, 35, 45, 104 their relation to\\ntribes, 49, 54 to hundreds, 75, SO.\\nClay, H., 232.\\nClergymen formerly supported by taxa-\\ntion, 46.\\nClerk, city, 111, 123; county, 63, 73;\\nmarket, 111 parish, 38 town, 20, 24,\\n32, 33, 79 vestry, 38. 59.\\nCleveland, G., 231, 264.\\nCloister and the Hearth, 1.\\nClose corporations, GO, 63, 79, 110.\\nCollectors of taxes, 21, 38, 79.\\nColorado, 93, 95.\\nColumbia, S. C, 73.\\nComitia, 34.\\nCommittees of city council, 116, 125 of\\ncorrespondence, 162, 203 of legisla-\\ntive bodies, 168 of safety, 162 inef-\\nficient for executive work, 126.\\nCommon council, 102, 103, 107, 108, 114.\\nCommon drivers, 38.\\nCommon pasture, 18.\\nCommons, House of, 8, 13,40,60,110,\\n135, 146, 161, 165, 193, 220.\\nCommonwealtli, 5.\\nCommunes in France, 173.\\nCompany, London, 141, 159 of Massa-\\nchusetts Bay, 146, 147, 159 Plymouth,\\n141, 159.\\nComplexity of city administration, 122-\\n124, 137.\\nComptrollers, 130, 169.\\nComstock, J. M., 264, 275.\\nConfederacy, New England, 202.\\nConfederation distinguished from fed-\\neral union, 244, 250.\\nConfederation, tlie Articles of, 205, 248.\\nCongress, at Albany, 203 Stamp Act,\\n203; Continental, 7, 204-210, 253;\\nProvincial, 102, 204 Federal, 212-218,\\n244.\\nConnecticut, 253, 255 settlement of, 17,\\n143 size of counties in, 74 colonial\\ngovernment of, 149, 153, 159, 163 fun-\\ndamental orders of, 192 compromise,\\n214.\\nConstables, 2, 21, 24, 32, 33, 37, 39, 63,\\n79, 87, 123 high, 76, 77, 111 petty,\\n36.\\nConstitutions, written, 187-200.\\nConstituent Assembly of 1790 in France,\\n174.\\nConstruction, strict and loose, 259.\\nConsular service, 238.\\nContagious diseases, 20.\\nContract, legal idea of, developed by the\\nRomans, 188.\\nConvention, the Federal, 209, 243, 253.\\nConventions, definition of, 195; nomi-\\nnating, 233.\\nCooley, T. M., 186, 275.\\nCooke, J. E., 186.\\nCornwallis, Lord, 258.\\nCoroners, 51, 54, 63, 73, 78, 111.\\nCorrection lines, 83.\\nCotton, J., 17.\\nCouncil, governor s, 155 privy, 155,\\n193, 237.\\nCounts, 51.\\nCounty, 25, 38, 48-100; origin of, 49,\\n54 in Massachusetts, C4-57 in Vir-\\nginia, 57-67 in South Carolina, 73,\\n74 in Maryland, 77 in Delaware, 78\\nin Pennsylvania, 78-bO in New York,\\n79, SO in the West. 84-98 sizes of,\\n61, 68, 74, SO shapes of, 84, 85. 88.\\nCounty bonrds, 92, 93, 99 commission-\\ners, 55, 73, 78 courts, 51, 54, 61, 148\\nlieutenants, 64 treasurers, 55, 63.\\nCourts, baron, 36, 75, 150; circuit, 250;\\ncity. 111, 178; common pleas, 112;\\ncoroners 51 county, 51, 61, 64, 78,\\n148, 178 district, 250 federal, 207,\\n250-252; general, 41, 148, 192; hun-\\ndred, 76 insolvency, 55 leet, 36, 38,\\n75, 150 levy, 78 probate, 55 Quar-\\nter Sessions, 52 superior, 55, 178 su-\\npreme, 178 Supreme, of United\\nStates, 169, 250-252 of Appeals in\\nCases of Capture, 207 actions and\\nprocedure in, 69.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0396.jp2"}, "397": {"fulltext": "INDEX.\\n355\\nOourt-day in Virginia, 65.\\nCourt-houses, 55, C2.\\nCrawford, W. H., 232, 262, 264.\\nCressiugliara, 3(5.\\nCromwell, O.. 110, 191.\\nCrowuer, or coroner, 51.\\nCuria, 76.\\nCustom-house duties, 157, 175, 257-259.\\nDakota, 85, 91, 92, 94.\\nDavenport, J., 17.\\nDavis, H.,200.\\nDawes, Miss A. ii., 273.\\nDebts of cities, 120, 127, 134.\\nDeclaration of rights, 190.\\nDedhaio, Mass., 22.\\nDeeds. 55. bS.\\nDeerfield, Mlsh., 83, 84.\\nDelaware, 210, 213, 225, 255 local insti-\\ntutions in, 78.\\nDelinquents, 21.\\nDelusions about government, 30, 33,\\n133.\\nDemagogues, 30, 133.\\nDemocracy, unbridled, 169.\\nDemocratic party, 260.\\nDenizens, 1G5.\\nDenmark, 205, 238.\\nDenver, Colo., 119.\\nDepartments in France, 173.\\nDeputies in Massachusetts, 137.\\nDickens, C, 14, 126.\\nDiocese and city, 103.\\nDiplomatic service, 238.\\nDirect and indirect government, 99-104.\\nDiscreet men, 40.\\nDisorders in 1786, 209.\\nDissolution of assemblies, parliam.ents,\\netc., 161, 165.\\nDistrict of Columbia, 244.\\nDistrict attorneys, 251.\\nDistricts, in South Carolina, 72, 73\\nelectoral, 216.\\nDole, C. F., 273.\\nDole, E. P.. 70, 186, 275.\\nDongan, T.. 111.\\nDorchester Company, 146, 159.\\nDorchester. Mass., 17.\\nDouglas. S. A., 230.\\nDuellist? 165.\\nDunn, J. P., 186.\\nDurham, a county palatine, 150.\\nDutch in New Netherland, 79, 98, 111,\\n144.\\nEaMormen, 49-51.\\nEast Anglia. 50.\\nEast India Company, 157.\\nEast Saxons, 49.\\nEn ton, D. B., 275.\\nEcelesifi, 34.\\nEducational value of town-meetingu, 31,\\n34.\\nEdward I., 40, 51.\\nEdward III., 52.\\nEgleston, M., 46.\\nElastic Clause, 245. 259.\\nElection of Congress, 219.\\nElective and nppointive officers, 132,\\nElective judiciary, 179.\\nElectoral commission, 228.\\nElectoral college, in Maryland, 164 for\\nelecting president of United States,\\n220-235.\\nElizabetli, queen of England, 77.\\nElting, I., 98.\\nEly, R. T., 275.\\nEmerson, T., xvii.\\nEminent domain, 4, 12, 13.\\nEngland, 5-8, 12, 16, 17, 35-45, 48-54,\\n58, 75-77, 95, 100, 103-111, 113, 114,\\n135, 140-146, 153, 164, 172, 177, 184,\\n187, 189-193, 197-202, 220, 234, 237.\\nEntails in Virginia, 58.\\nEnvoys, 238.\\nEssex, Eug., 49.\\nEssex, Mass., 53.\\nEternal vigilance the price of liberty, 11.\\nExcise, 258.\\nExecutive and legislative departments\\nseparated in the United States, but\\nnot in Europe, 107-169, 235, 236.\\nExemptions from taxation, 26, 33.\\nExports, prohibition of duties on, 246.\\nFairfax Court House, Va., 62.\\nFaneuil Hall, 101, 123.\\nFarms in New England, 18, 32.\\nFarrer, T. H,, 273.\\nFederalist, tlie, 276.\\nE ederalist party, 259.\\nFence-viewers, 23, 33, 38, 79, 123.\\nField-drivers, 23, 33, 123.\\nFines for non-attendance, 19.\\nFinsbury, 108.\\nFires and fire departments, 2, 121.\\nFirma hurgi, 109, 111.\\nFiske, J., American Political Ideas, 47\\nBeginninsjs of New England, 143, 149\\nCritical Period of American History,\\n14, 98, 1G5, 206, 213, 246, 272; War of\\nIndependence, 14, 158.\\nFlorence, 172.\\nFlorida, 202, 228.\\nFord, W. C, 272.\\nForeign voter?, 133-135.\\nForesight, lack of, 121.\\nForum, 34.\\nFoster, W. E,, xvi., 277.\\nFrancp, 7, 12, 161, 207. 208.\\nFranklin, B., 126, 163, 203, 209, 224.\\nFreedom of speech and press, 256.\\nFreedom too often destroyed in the\\nprocess of naticn-building, 39.\\nFreeman, E. A., 9, 46, 105, 273.\\nFrench in Canada, 202 claims to the\\npossession of North America, 140, 159;\\nwords in English, 5.\\nGage, T., 162.\\nGardiner, S. R., 191, 200.\\nGarfield, J. A,, 231.\\nGay, S. H., 277,\\nGeneral Court, 41, 148, 192.\\nGeneral Sessions, 53.\\nGeorge II,, 8.\\nGeorge III,, 109, 142, 158, 210.\\nGeorgia, 144, 153, 255.\\nGermans, 35, 72.\\nGerry, E., 216, 217.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0397.jp2"}, "398": {"fulltext": "356\\nINDEX.\\nGerrymander, 217.\\nGihnan, D. C, 277.\\nGladstone, W. E., 6.\\nGneist, R., 139, 273.\\nGomme, G. L., 47.\\nGovernment, definition of, 5-8, 12 de-\\nlusions about, 30, 33, 133 direct and\\nindirect, 99-104 always cumbrous,\\n1G9.\\nGovernor-general, 224.\\nGovernors, royal, G6, 125, 163 republi-\\ncan, before the Revolution, 148 since\\nthe Revolution, 169-171.\\nGouvernei-, 5.\\nGrant, U. S., 234.\\nGreeks, 34, 75, 80, 125.\\nGreen, J. R., 189.\\nGuatemala, 238.\\nGubernare, 5.\\nGuilds, 107, 108, 115, 139.\\nHamilton, A., 209, 257-259, 261, 276.\\nHanover Court House, Va., 62.\\nHarrison, B., 231.\\nHartford, Coim., 62, 192.\\nHarvard College, 22.\\nHaste in constructing public works, 120.\\nHayes, R. B., 228,231.\\nHaywards, 38.\\nHearn, W. E., 47.\\nHenry I., 106, 109.\\nHenry VIII., 9, 52.\\nHenry of Keigliley, 220.\\nHenry, Patrick, 67.\\nHigginson, F., 17.\\nHill, F. A., xiv.\\nHinsdale, B. A., 81.\\nHistory, study of, 9, 10, 13.\\nHitchcock, H., 179, 195, 200.\\nHolcomb, W. P., 79, 139.\\nHolland, 7, 207.\\nHoist, H. von, 275.\\nHooker, T., 17.\\nHosmer, J. K., 31, 191, 277.\\nHousp of Burgesses, 145, 155 Commons,\\n8, 13, 40, 50, 110, 135, 146, 161, 105,\\n193, 220 Lords, 50, 164, 165, 221\\nRepresentatives, state, 165 Repre-\\nsentatives, federal, 212-221, 244.\\nHoward, G. E., 46, 60, 64, 70, 79, 85, 92.\\nHowe, W. W., 139.\\nHudson river, 141.\\nHuguenots, 71.\\nHundred, origin of, 75, 76, 80 courts,\\n76, 80, 105 in some cases equivalent\\nto a borough, 105, 114 in Delaware,\\n78, 80.\\nHundredman, 76.\\nHundred-meetings in Maryland, 77.\\nHungertord, Sir T., 220.\\nHutchinson, T., 155.\\nInklingham, 49.\\nIllinois, 81, 87, 95, 253; township and\\ncounty government in, 89-91, 96.\\nImpeachment, 221.\\nImperntor, 225.\\nIndentured servants. 58.\\nIndiana, 81, 90, 253 townships in, 92.\\nIndians, 18, 32, 34, 75, 80, 146, 156, 202.\\nIngle, E., 64, 70, 98.\\nInquests, 52.\\nInspectors of buildings, 122 of elec-\\ntions, 79.\\nInstrument of Government, the, 191.\\nInsurrections, 56, 69.\\nIntercitizenship, 248.\\nInterior, department of, 240.\\nInternal improvements, 260.\\nIowa, 95, 195 townships in, 192.\\nJackson, A., 232, 262, 263.\\nJails, 2, 58.\\nJames I., 110, 143.\\nJames II., 144, 152, 190.\\nJames City county, Va., 62.\\nJames river, 142.\\nJameson, J. F., Ill, 176, 207, 272.\\nJamestown, 146.\\nJay, J., 276.\\nJefferson, T., 58, 60, 65, 81, 227, 232,\\n234, 235, 259, 260, 261.\\nJevons, W. S., 277.\\nJohn, King of England, 189.\\nJohns Hopkins University Studies in\\nHistory and Politics, 31, 46, 58, 64,\\n70, 72, 79, 89, 90, 92, 94, 98, 120, 123,\\n139, 176, 272.\\nJohnson, A., 221.\\nJolinson, J. 98.\\nJohnson, R. M.,228.\\nJohnston, A., 154, 185, 200, 275.\\nJournal of Congress, 219.\\nJudges, city, 116 federal, 250-252 ap-\\npointment or election, and tenure of\\noffice, 179.\\nJurisdiction, federal, 251.\\nJurors, 20, 21,52,78.\\nJustices in eyre, 51.\\nJustices of the peace, 87, 108 in Eng-\\nland, 52 in Massachusetts, 53, 55 in\\nVirginia, 61 in Delaware, 78.\\nKansas, 85, 94, 95 tcwnsMps in, 92.\\nKennebec river, 142.\\nKent, kingdom of, 50.\\nKentucky, 90 shire towns in, 62 size\\nof counties in, 74 settlement of, 81,\\n88.\\nKidnapping, 58.\\nKing, R., 186.\\nKings, 39, 50, 51, 112, 157, 164.\\nKitchin, G. W., 14.\\nLacombe, P., 14.\\nLaird, 19.\\nLalor, J. J., 275.\\nLancaster, duchy of, 150.\\nLand grants in Massachusetts, 17 in\\nVirginia, 58.\\nLanesborougli, Mass., 27.\\nLaveleye, E., 47.\\nLawton, G. W., 275.\\nLecky,W. E. H., 15.\\nLegal tender, 245.\\nLegislation in New York witli reference\\nto cities, 128.\\nLeicester, S. de Montfort, Earl of, 40,\\n110, 115.\\nLevermore, C. H., 139.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0398.jp2"}, "399": {"fulltext": "INDEX.\\n357\\nLevy court in Delaware, 78.\\nLewes, battle of, 110.\\nLewis, Sir G-. C, 274.\\nLexington, 158.\\nLiberty, the French notion of, 174.\\nLibraries, public, 2.\\nLicenses, 20.\\nLieutenant-governors, 164.\\nLincoln, A., 6, 32, 170, 230, 231.\\nLions, 35.\\nLiquid measures, shrinkage of, 29.\\nLivingston county, Mich., 84.\\nLocal government in New England and\\nin Virginia before the Revolution,\\ncontrasted, 64-67.\\nLocal option between township and\\ncounty government, 90-92, 96.\\nLocal self-government vs. centralization,\\n274.\\nLocke, J., 188.\\nLodge, H. C, 185, 277.\\nLoftie, W. J., 108. 139.\\nLog-rolling, 93, 125, 127, 129.\\nLondon, 85, 106-110, 113, 115, 139.\\nLondon Company, 141, 159.\\nLongman, W., 52.\\nLord-lieutenants, 52, 64, 108.\\nLord mayors of London, 107, 108.\\nLords, House of, 50, 164, 165, 221.\\nLords of the manor, 19, 37, 38, 50, 75,\\n76.\\nLords proprietary, 150-153.\\nLouis XIV., 8, 9.\\nLouis XV., 7, 8.\\nLouisiana, 95, 228; parishes, 48; pur-\\nchase, 253.\\nLow, S., 120, 121, 130, 139.\\nLowell, A. L., 169, 274.\\nLynch law, 72, 80, 97, 171.\\nMacAlister, J., vi., 273.\\nMachine, 132.\\nMacy, J., 98, 273.\\nMadison, J., 67, 209.\\nMagazine of American History, 111.\\nMagic fund delusion, 30, 33, 86,\\n133.\\nMagna Charta, 39, 189, 197.\\nMagi-uder, A. B., 277.\\nMaine, 143, 218.\\nMaine, Sir H., 47, 274.\\nMaitland, F. W., 273.\\nMakeshifts, tendency to adopt them,\\n121.\\nManors, 36, 39, 75.\\nMarblehead, Mass., 89.\\nMarch-meetings, 39.\\nMarcy, W. L., 263.\\nMark. 35, 43.\\nMarriage certificates, 21.\\nMarshaU, J., 67.\\nMarshals, 207, 251.\\nMartin, G-. H., 46, 70, 272.\\nMary II., 190.\\nMaryland, 144, 195, 253, 256 local insti-\\ntutions in, 75-77, 80; founding of,\\n150,151, 160.\\nMason and Dixon s line, 152, 160.\\nMassachusetts, 16, 74, 110, 143, 146, 253,\\n265,265.\\nMay, Sir E., 135.\\nMayflower compact, 192.\\nMayors, 102, HI, 114, 116, 122, 125, 127,\\n130-132, 136 of London, 107, 108 in\\nFrance, 173.\\nMead, E. D., 275.\\nMean whites, their origin, 59.\\nMeasurers of wood, 23, 24, 33.\\nMeeting-houses, 19.\\nMercia, 50.\\nMeridian, principal, 81-83, 88.\\nMerrimack river, 146.\\nMessages, governor s, 170 president s,\\n235.\\nMexico 141 254\\nMichigan, 81, 82, 89, 90,95, 195,253;\\ncounty board in, 92.\\nMiddle Saxons, 49.\\nMiddlesex, Eng. 49.\\nMiddlesex, Mass., 53.\\nMilitia, 52, 64, 77, 170.\\nMinneapolis, 86.\\nMinnesota, 91, 93, 95.\\nMir, in Kussia, 42.\\nMissouri, 90-92, 225 townships in, 92.\\nMitchell s Atlas, 62.\\nModerators, 24.\\nMohawks, 75.\\nMommsen, T., 9.\\nMonroe, J., 231.\\nMontana, 93.\\nMontfort, S. de, 40, 110, 115.\\nMontgomerie charter in New York, 112.\\nMorris, R. 206.\\nMorse, J. T., 234, 277.\\nMoses, B., 139.\\nMunicipal Corporations Reform Act,\\n111, 135.\\nMunicipal government in Enp-land, 103-\\n111 in the United States, 111-136,\\n138 politics should be kept clear of\\nnational politics, 135.\\nNames, geographical, their significance,\\n36, 49, 54, 02, 103.\\nNapoleon I., 174.\\nNasse, E., 47.\\nNational Republicans, 259\\nNavy department, 240.\\nNebraska, 85, 92, 94.\\nNegroes, 58, 94.\\nNevada, 93.\\nNew England, settlement of, 16, 32.\\nNew Hampshire, 53, 94, 143, 195, 199,\\n256.\\nNew Haven, 139, 143.\\nNew Jersey, 95, 145, 230, 255.\\nNew Netherland, 144, 152.\\nNew Orleans, 139.\\nNew York (city), 27, 101, 111-113, 115,\\n119, 127-129, 20f. (stite), 79, 81, 90,\\n127-129, 145, 195, 213, 225, 253, 256,\\n261 influence of, upon the North.\\nwest, 80.\\nNewcastle, 106.\\nNewfoundland, 140.\\nNewspapers, 31, 100.\\nNichols, R., 111.\\nNordhoff, C, 273.\\nNorfolk, Eng., 49,", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0399.jp2"}, "400": {"fulltext": "358\\nINDEX.\\nNorfolk (1643) in Massachusetts, 53.\\nNorman Conquest, 3G, 51, 54, 7G, 105.\\nNorth Carohua, G2, 144, 153, 256.\\nNortham, H. C. 273.\\nNorthumbria, 50.\\nNorwich, Eng., 106, 111.\\nNuisances, 20.\\nNumbering of streets, 84.\\nOglethorpe, J., 153.\\nOhio, SI, 90, 195, 253.\\nOne-man power, 125, 130, 137.\\nOrdinance of 1785 coucerning survey of\\npublic lands, 81, 88.\\nOrdinance of 1787 establishing govern-\\nment of nortliwestern territory, 90,\\n253, 255.\\nOregon, 81, 82, 93, 254.\\nOverseers of the poor, 20, 21, 33, 38, 60,\\n78, 79, 87, IIG, 122; of roads, in\\nMaryland, 77 of towns, in New York,\\n79.\\nOxford, 103.\\nPaestum, 101.\\nPalatine counties, 150, 160.\\nPaper money, 7, 245, 246.\\nPardon, governor s prerogative, 170\\ntoo freely used in United States, 171\\npresident s, 234.\\nParislies, in England, 36-39, 41, 43, 45,\\n46 in Louisiana, 48 in South Caro-\\nlina, 71-73; iu Virginia, 59-61, 65.\\nParis, 173.\\nParliament, 6, 155 its supremacy never\\nadmitted in America, 156, 160; disso-\\nlution of, 161, 165 the Model, 40.\\nFi^Tties, origin of, 245, 249.\\nP. .rtition fences, 23.\\nf -trty politics, 132, 135.\\nF itrouage, 264.\\nPaupers, 21.\\nPeers, creation of, 165.\\nPellev/, G., 277.\\nI-enn, W., 145, 141, 203.\\nPennsylvania, 81, 95, 152, 202, 210, 255,\\n258, 2(5] local institutions in, 78\\nMunicipal Commission, 134.\\nPenrose, B., 134.\\nPerjury, 27.\\nPersonal property, taxation of, 25-28,\\n45.\\nPerry, A. L., 277.\\nPetersburg, Va., 89.\\nPhear, Sir J. B., 47.\\nPhiladelphia, 119, 133, 204; streets in,\\n83, 84 municipal government of, 113,\\n115, 116, 139.\\nPhratries, 75.\\nPlantagenet period, 78.\\nPlantations, 146.\\nPlymouth, colony of, 143.\\nPlymouth Company, 141, 159.\\nPolice, 52, 113, 122; commissioners,\\n128\\nPolk, J. K., 231.\\nPoll-tax, 25, 33.\\nPoore, B. P., 276.\\nPoorhouses, 2, 21, 122.\\nPopulation, rural and urban, 119.\\nPort-reeves, 106.\\nPorter, J. A., 139.\\nPortland, Oregon, 82, 145.\\nPortugal, 205.\\nPosse comiiaius, 51, 56.\\nPostmaster-general, 240.\\nPound-keepers, 23, 33.\\nPound-masters, 79.\\nPrecincts in Virginia, 63.\\nPrefects in Prance, 173.\\nPremiers, 236, 237.\\nPresident, origin of the title, 163, 224\\nof councils, 1G2-1G3 of provincial\\ncongresses, 1G2 of the Continental\\nCongress, 206 of the United States,\\n222-236; nomination of, 233; veto\\npower of, 222 his appointments, 261-\\n264.\\nPresidential succession, 228.\\nPreston, H., 200, 276.\\nPrices affected by paper money, 246\\nand by tariff, 258.\\nPrimaries, 233.\\nPriors, 50.\\nPrivilege from arrest, etc., 220.\\nProbate courts, 55, 73.\\nProbyn, J. W., 274.\\nProprietary colonies, 150-153, 160.\\nProvincial period, in the history of Mas-\\nsachusetts, 154.\\nPublic lands, surveys of, 81-85.\\nQualifications for office, 166.\\nQuarter Sestions, Court of, 52, 53, 61.\\nQuincy, J., 102.\\nKailroads, 13.\\nRamage, B. J., 72-98.\\nRange-lines, 82, 88.\\nRappahannock river, 141.\\nRate of taxation, 28, 29, 34.\\nReade, C, 1.\\nReal estate, taxation of, 25-28, 45.\\nRecorders, 111.\\nRecords, 20, 53, 63, 122.\\nReelection of town officers, 32.\\nReeves, 36. 40, 41.\\nJReferendtim, 196.\\nRegister of deeds, 55 of probate, 65.\\nRegulating Act, 158.\\nRegulators on the Carolina fron-\\ntiers 72\\nRepresentation, 40-43, 46, 50, 61, 73, 77,\\n110, 146, 154.\\nRepresentatives, House of, state, 165\\nfederal, 212-221,244.\\nRepublican colonies, 153.\\nRepublican parties, 259, 200.\\nRequisitions, 210.\\nReservations of land for schools, 86.\\nResponsibility of public officials, 32, 34,\\n116, 125-132, 171.\\nRestricting the suffrage, 133-135; in\\nthe early history of Massachusetts,\\n148.\\nRevolution, American, 2, 7, 11-14, 31, 66,\\n77, 109, 112, 142, 158, 160-166, 203-\\n208, 258 English, 149, 157 French,\\n2, 11, 13, 14, 174.\\nSea;, 226.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0400.jp2"}, "401": {"fulltext": "INDEX.\\n359\\nEhode Island, 74, 143, 149, 153, 159, 1G3,\\n25G.\\nRivers in Virginia, 58.\\nRoads, 2, 3, 20, 21, 53, C3, 78, 101.\\nRobbery and taxation, 8, 9, 12.\\nRoberts, E. H., 185.\\nRomans, 34, 75, 7C, 125, 104, 225 de-\\nveloper the idea of contract, 188.\\nRoosevelt, T., 277.\\nRotation in office, 32, 262-264.\\nRousseau, J. J., 188.\\nRoyal colonies, 153.\\nRoyce, J., 186.\\nRoxbury, 22.\\nRunnymede, 189.\\nRupert, W. W., 273.\\nRussell, B., 217.\\nRussia, 5, 42, 43.\\nSabbath-breakers, 38.\\nSafeguards against unbridled democ-\\nracy, 169.\\nSt. Augustine, Fla., 140.\\nSt. Lawrence river, 140.\\nSt. Louis, Mo., 84, 116, 139.\\nSalaries of clergymen in early times in\\nMassachusetts, 46 in Virginia, 60.\\nSalem, Mass, 146.\\nSalem, Oregon, 145.\\nSan Francisco, 116, 139.\\nSanitary problems, 122.\\nSanta F^, 140.\\nSato, Shoshuke, 98.\\nScandinavians, 35.\\nSchool-district as Incipient township,\\n74, 87-89, 93-96.\\nSchool?, public, 2, 13, 18, 22, 23, 44, 72,\\n86, 93-90 commissioners, 73 com-\\nmittees, 22-24, 45, 123 superinten-\\ndent, 23 teachers, 23, 45.\\nSohouler, J., 239, 275.\\nSchurz, C, 277.\\nScotch, 72.\\nScotland s connection with England,\\n156.\\nScruiin (Prirrondissement, etc., 218.\\nScudder, H. E., 185.\\nSealers of weights and measures, 23, 24,\\n33.\\nSecretary of state, 237 of the treasury,\\n239.\\nSections of townships, 85.\\nSeebohm, F., 47.\\nSelectmen, 6, 20, 21, 24, 31-34, 38, 59,79.\\nSelf-government in the United States,\\n172 contrasted with centralization\\nin France, 173, 174.\\nSemi-royal colony of Massachusetts,\\n154.\\nSenate, in South Carolina, 73 federal,\\n214-218, 234 origin of, 164.\\nSeneschals, 75.\\nSentiment of union, 208.\\nSewerage, 20.\\nSextons, 60.\\nShaler, N. S., 186.\\nShaw, A., 90, 98, 139.\\nShepard, E. M., 277.\\nSheriffs, in England, 50, 106 in Massa-\\nchusetts, 56 in Virginia, 63, 67 in\\nSouth Carolina, 72, 73 in Pennsylva-\\nnia, 78 in New York (city). 111.\\nShip of state, 5.\\nShire, origin of, 49, 50.\\nSUiremotes, 40, 43, 50-52, 54.\\nShire-reeve, 50.\\nShire towns, 54, 62.\\nShrines, 37.\\nSimon of Montfort, 40, 110, 115.\\nSkeat, W. W., 51.\\nSlavery, 58, 90, 177, 253, 255.\\nSmall, A. W., 272.\\nSmith, Toulmiu, 47, 139, 274.\\nSnow, M. S., 139.\\nSocial contract, theory of, 188.\\nSocial position of early settlers, 18, 33,\\n59.\\nSocrates, 34.\\nSolicitor-general, 240.\\nSouth Carolina, 62, 71, 72, 74, 80, 94,\\n144, 153, 228, 247, 255.\\nSouth Saxons, 49.\\nSouthampton, 106.\\nSpanish claims to North America, 140,\\n159.\\nSpartans, 9.\\nSpeaker, 220.\\nSpeculation, 134.\\nSpencer, D. E., 98.\\nSpencer, Herbert, 274.\\nSpoils system, 135, 261-264.\\nSpring, L. W., 186.\\nStaatenbund, 244.\\nStamp Act, 203.\\nStanwood, E., 232, 275.\\nStates, 25 greatness of their retained\\npowers, 175-177 limits to the same,\\n175 governments, lGG-184 not fit to\\ntake care of cities, 127-129; legisla-\\ntures, 164 senates, 164 governors,\\n169-171 executive officers, 170\\ncourts, 177-184.\\nStates General in France, 161.\\nStephens, H. M., 14.\\nStevens, J. A., 277.\\nStewards, 36, 76.\\nStray animals, 23.\\nStreets, 3, 101 in Philadelphia, 83, 84\\ncommissioners, 116; lights, 113.\\nStubbs, W., 139, 200, 273.\\nStump speeches, 66.\\nStuart, G., 217.\\nSuffrage, universal, 97, 133-135, 137,\\n138, 166, 173.\\nSuffolk, Eng., 49.\\nSuffolk, Mass., 53.\\nSumner, W. G., 263, 277.\\nSuperintendents of schools, 23 of edu-\\ncation (in states), 170 of streets,\\n122.\\nSupervisors, in New York, 79 in Illi-\\nnois and Michigan, 92.\\nSurveyors of highways, 23, 38, 63, 77-\\n79, 87 of lumber, 23, 24, 33.\\nSurveys of public lands, 81-85.\\nSussex, 49.\\nSweden s connection with Norway, 156.\\nSwedes in Delaware, 144.\\nSwiss Referendum, 196.\\nSyracusan war, 34.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0401.jp2"}, "402": {"fulltext": "360\\nINDEX.\\nXaine, H. A., 14.\\nTariff, 258, 260.\\nTaswell-Langmead, T. P., 139, 247, 273.\\nTaussig, F. W., 277.\\nTaxation essential to the existence of\\ngovernment, 7 involved in reserva-\\ntion of lands for schools, 86 of the\\nAmerican colonies, 156-160 federal,\\n257-259.\\nTaxes and taxation, 1-15, 25-29, 39, 44,\\n63, 120, 127, 131, 151, 210, 257-259.\\nTaylor, H., 139, 200, 274.\\nTaylor, Z., 231.\\nTea-ships at Boston, 162.\\nTennessee, settlement of, 81.\\nTerritories and their government, 253.\\nTexas, 253.\\nThames river, 108.\\nThermopylae, 9.\\nThorpe, F. N., 239, 272.\\nThree fifths compromise, 213.\\nTUdeu, S. J., 228.\\nTintoretto, 101.\\nTithlng-men, 36, 38, 45.\\nTobacco, 57, 60, 03.\\nTobacco-viewers, 77.\\nTocqueville, A. de, 15, 272.\\nTower of London, 108.\\nTown, different senses in which the\\nword is used, 102-104; clerk, 20;\\ntreasurer, 21, 33 pumps, 113.\\nTown-meetings, in New England, 19, 24,\\n30, 31, 33, 34, 44, 162 in Boston, 31,\\n101 in New York (state), 79, 80 in\\nancient England, 36-43 in Greece\\nand Rome, 34 in Russia, 42 vitality\\nof, 91, 96, 97 prohibited by Regulat-\\ning Act, 158.\\nTownsheud Acts, 203.\\nTownship in New England, 16-34, 41,\\n77 its origin, 38 Jefferson s opinion\\nof, 65 in the West, 83-98 in Mich-\\nigan, 89 in Ohio, Indiana, Iowa,\\nMissouri, and Kansas, 92.\\nTownship lines, 82, 88.\\nTraill, H. D., 273.\\nTreasurers, town, 21, 33 county, 65,\\n63, 78 city, 111 state, 73, 169.\\nTreasury of the United States, 239.\\nTreaties, 234.\\nTrenton, 206.\\nTrial justices, 56, 73.\\nTrustees of western townships, 92.\\nTun, 35, 43, 45.\\nTangemot, 36.\\nTweed Ring, 129.\\nTyler, J., 260.\\nTyler, M. C, 217, 277.\\nUndervaluation of property, 29, 34.\\nUnit of representation, in England, 41\\nin New England, 41 in Virginia, 61\\nin South Carolina, 71 in Maryland,\\n77 in Pennsylvania, 78.\\nVane, Sir H., 191.\\nVariety, wholesome and instructive, in\\ndevelopment of local institutions in\\nthe United States, 93, 179.\\nVermont, 94.\\nVerrazauo, G-. de, 140.\\nVersailles, 9.\\nVestry-meetings, in England, 37, 43 in\\nVirginia, 59, 00 in South Carolina,\\n71.\\nVeto, mayor s, 117, 125, 127 governor s,\\n165, 169, 171 president .s, 222 king s,\\n165, 222.\\nVice-presideut, 220.\\nVillages, in New England, 18 ancient,\\n35 Indian, 35 Russian, 42.\\nVirginia, 90, 195, 213, 253, 255 settle-\\nment of, 57-61, 67 hundreds in, 77\\nshire towns in, 62, 67 size of counties\\nin, 74 representative government in,\\n145, 155, 159.\\nVoting as a substitute for fighting, 95.\\nWalpole, S., 273.\\nWar department, 240.\\nWar governors, 170.\\nWards of a city, 105, 108, 111.\\nWarrant for town-meeting, 24, 33, 43.\\nWashington, G., 67, 119, 209,229,231,\\n232, 234, 235, 258, 203.\\nWashington, D. C, 84, 139.\\nWashington (state), 93.\\nWashtenaw county, Mich., 84.\\nWater-works, 121.\\nWatertown, Mass., 17.\\nWay-wardens, 38.\\nWeighers, 123.\\nWest Saxons, 50.\\nWest Virginia, shire towns in, 62.\\nWestward movement of copulation, 81.\\nWethersfleld, Conn., 192^\\nWhig party, 259, 263.\\nWliiskey insurrection, 258.\\nWhite House, 236.\\nWhite trash, 59.\\nWigmore, J. H., 277.\\nWilhelm, W., 98.\\nWilliam the Conqueror, 106.\\nWilliam III., 190.\\nWills, 55, 69.\\nWilson, A. J., 273.\\nWilson, W., 176, 178, 196, 251, 273.\\nWindsor, Conn., 192.\\nWinsor, J., 139, 185,218.\\nWisconsin, 81, 93, 95, 253.\\nWoman suffrage, 94, 95.\\nWomen on school committees, 95 re\\nresentation of, 46, 94.\\nWoolsey, T. D., 277.\\nWorcester county, Mass., 62.\\nWreckage, 51.\\nWyoming (state), 93-95.\\nYork, 106.\\nYorktown, 258.\\nZones into which North America wae\\ndivided by royal grants of 1606, 141v\\n145, 159.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0402.jp2"}, "403": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0403.jp2"}, "404": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0404.jp2"}, "405": {"fulltext": "Books on Government and\\nPolitical History,\\nAmerican Commonwealths.\\nA Series of Volumes narrating the History of such\\nStates of the Union as have a striking political, social, or eco-\\nnomical history. Edited by Horace E. Scudder. With Maps\\nand Indexes. Each volume, uniform, i6mo, gilt top, $1.25.\\nVIRGINIA. A History of tlie People. By John\\nEsten Cooke, author of Life of Stonewall Jackson, etc.\\nOREGON. The Struggle for Possession. By Wil-\\nliam Barrows, D. D.\\nMAR YLAND. The History of a Palatinate. By\\nWilliam Hand Browne, Associate of Johns Hopkins University.\\nKENTUCKY. A Pioneer Commonwealth. By\\nNathaniel S. Shaler, S. D., Professor in Harvard University,\\nrecently Director of Kentucky State Survey.\\nMICHIGAN. A History of Governments. By\\nThomas Mclntyre Cooley, LL. D., formerly Chief Justice of\\nMichigan.\\nKANSAS. The Prelude to the War for the Uniou.\\nBy Leverett W. Spring, formerly Professor in the University of\\nKansas.\\nCAITFORNIA. From the Conquest in 1846 to the\\nSecond Vigilance Committee in San Francisco. By Josiah Royce,\\nformerly Professor in University of California.\\nNEW YORK. The Planting and the Growth of\\nthe Empire State. By Ellis H. Roberts. 2 vols.\\nCONNECTICUT. A Study of a Commonwealth-\\nDemocracy. By Professor Alexander Johnston, author of\\nAmerican Politics.\\nMISSOURI. A Bone of Contention. By Lucien\\nCarr, M. A.\\nINDIANA. A Redemption from Slavery. By J.\\nP. Dunn, Jr.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0405.jp2"}, "406": {"fulltext": "OHIO. First Fruits of the Ordinance of 1787. By\\nRufus King, A. M., of Cincinnati.\\nVERMONT. By Rowland E. Robinson.\\n{In Preparation^\\nNE W yERSE Y. By Austin Scott, Ph. D., Profes\\nsor of History, etc., in Rutgers College.\\nIILINOIS. By E. G. Mason, of Chicago.\\nThe books are not mere State histories, they are something much\\nmore and very much better than that. They are attempts to embody\\nwhat is most distinct and peculiar in the political life and history of each\\nState, and to show how that has contributed to the development of the\\nwhole. The widespread interest awakened in the past of our nation\\nwill find much to satisfy it in these volumes, for the design is original\\nand the execution excellent. George Willis Cooke.\\nAmerican Statesmen.\\nA Series of Biographies of Men famous in the Politi-\\ncal History of the United States. Edited by John T. Morse, Jr.\\nEach volume, i6mo, gilt top, $1.25; half morocco, #2.50.\\nJOHN QUINCY ADAMS. By John T. Morse,\\nJr., author of A Life of Alexander Hamilton, etc.\\nALEXANDER HAMTLTON. By Henry Cabot\\nLodge, author of Studies in History, etc.\\nyOHNC. CALHOUN By Dr. H. Von Hoist,\\nauthor of the Constitutional History of the United States.\\nANDRE W JACKSON By Prof. William G. Sum-\\nner, author of History of American Currency, etc.\\nJOHN RANDOLPH. By Henry Adams, author\\nof New England Federalism, etc.\\nJAMES MONROE. By D. C. Gilman, President\\nof Johns Hopkins University, Baltimore.\\nTHOMAS JEFFERSON By John T. Morse, Jr.\\nDANIEL WEBSTER. By Henry Cabot Lodge.\\nALBERT GALLATIN By John Austin Stevens,\\nrecently editor of the Magazine of American History.\\nJAMES MADISON By Sydney Howard Gay,\\nauthor (with William Cullen Bryant) of A Popular History of\\nthe United States.\\nJOHN ADAMS. By John T. Morse, Jr.\\nJOHN MARSHALL. By Allan B. Magruder.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0406.jp2"}, "407": {"fulltext": "SAMUEL ADAMS. By Prof. James K. Hosmer,\\nauthor of Young Sir Henry Vane, etc.\\nTHOMAS HART BENTON. By Theodore\\nRoosevelt, author of The Winning of the West, etc.\\nHENR Y CLA Y. By Carl Schurz. 2 vols.\\nPATRICK HENRY. By Moses Coit Tyler, au-\\nthor of History of American Literature, etc.\\nGO U VERNE UR MORRIS. By Theodore Roose-\\nvelt.\\nMARTIN VAN BUREN. By Edward M. Shep-\\nard.\\nGEORGE WASHINGTON By Henry Cabot\\nX,odge. 2 vols.\\nBENyAMIN^ FRANKLIN. By John T. Morse,\\nJr.\\nJOHN JA Y. By George Pellew, author of Wo-\\nman and the Commonwealth, etc.\\nLE WIS CASS. By Andrew C. McLaughlin, Assist-\\nant Professor of History in Michigan University.\\nABRAHAM LINCOLN By John T. Morse, Jr.\\nWith Portrait and Map. 2 vols.\\nThe series is doing an immense service to the reading public and to\\nthe cause of history in bringing forth adequate though brief records of\\nthe lives of eminent men of whom the general knowledge has become\\nvague, erroneous, or traditional. New York Times.\\nJohn Fiske.\\nThe Beginnings of New England or The Puritan\\nTheocracy in its relations to Civil and Religious Liberty. Crown\\n8vo, gilt top, )^2.oo.\\nThe American Revolution. With a new Portrait of\\nWashington, hitherto unpublished, and Maps. 2 vols, crown\\n8vo, gilt top, $4.00.\\nIt deals with the early colonial history of New England in the enter-\\ntaining and vivid style which has marked all Mr. Fiske s writings on\\nAmerican history, and it is distinguished. ]ike them, by its aggressive\\npatriotism and its justice to all parties in controversy. Boston Post.\\nThe Critical Period of American History, 1783-1789.\\nWith Map, Notes, etc. Crown 8vo, gilt top, ^2.00.\\nThis book is devoted to the obscure period between the close of the\\nRevolution and the definite organization of the present Constitutional\\nGovernment of the United States. It is the result of minute research,\\nand sheds a flood of light on the various opposing views and interests\\nthen prevailing in the thirteen States wiih regard to the most desirable\\nform of government.", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0407.jp2"}, "408": {"fulltext": "Henry Cabot Lodge.\\nStudies in History. Crown 8vo, $1.50.\\nContents The Puritans and the Restoration A Puritan Pepys\\n(Judge Sewall) The Early Days of Fox; WilHam Cobbett Alexander\\nHamilton Timothy Pickering Caleb Strong Albert Gallatin Daniel\\nWebster Colonialism in the United States Frencli Opinions of the\\nUnited States, 1 840-1881.\\nA more acceptable volume than this collection of eleven essays could\\nhardly be provided for the lover of American history. Magazine of\\nAmerican History.\\nHistorical and Political Essays. A new book.\\nCrown 8vo, $1.25.\\nA. Lawrence Lowell.\\nEssays on Government. i6mo, gilt top, ^1.25.\\nContents Cabinet Responsibility and the Constitution Deino\u00c2\u00bb\\ncracy and the Constitution The Responsibilities of American lawyers\\nThe Theory of the Social Compact The Limits of Sovereignty Index.\\nMr. Lowell s volume is one of the most important contributions to\\npolitical science that we have recently been called upon to notice. He\\nhas not only the great advantage of a legal trainmg, but also that of a\\nthorough mastery of all the great books upon the subject, The hi-\\ndependent (New York).\\nRev. Elisha Mulford, LL. D.\\nThe Nation The Foundations of Civil Order and\\nPolitical Life in the United States. 8vo, $2.50.\\nIt is a most important contribution to our political literature, and\\ncannot fail to strengthen and elevate our national life. Charles\\nSumner,\\nWoodrow Wilson.\\nCongressional Government. A Study in American\\nPolitics. i6mo, $1.25.\\nWe have no hesitation in saying that this is one of the most im-\\nportant books, dealing with political subjects, which have ever issued\\nfrom the American press. His book is evidently modeled on Mr.\\nBagehot s English Constitution, and it will, though the praise is so\\nhigh as to be almost extravagant, bear comparison with that inestima-\\nble work. New York Evening Post.\\nThe Atlantic Monthly gives special attention to the\\ndiscussion of questions in public life and studies in political\\nhistory, by such writers as John Fiske, jfohn T. Morse,\\nyr., A. Lawrence Lowell, Carl Schurz, If. C. Lea, Theo-\\ndore Roosevelt, Woodroiu Wilson, and others.\\nHOUGHTON, MIFFLIN CO.\\n4 Park St., Boston; ii East 17TH St., New York.\\nIBJi U", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0408.jp2"}, "409": {"fulltext": "\u00e2\u0080\u00a2i*,-", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0409.jp2"}, "410": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0410.jp2"}, "411": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0411.jp2"}, "412": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0412.jp2"}, "413": {"fulltext": "", "height": "2675", "width": "1612", "jp2-path": "civilgovernmenti02fisk_0413.jp2"}, "414": {"fulltext": "LIBRARY OF CONGRESS\\nmcA\\nt,-ihsr.\\nW^\\n01 1 795 539 4\\nt I.! J f \u00e2\u0080\u00a2r H1it fi\\n^^!Slig?g!iL", "height": "2871", "width": "1813", "jp2-path": "civilgovernmenti02fisk_0414.jp2"}}