The Senate Chamber, in the Capitol, Washington.

Since the birth of man there has been government of some form. Certain lines of conduct have been laid down for the individual, the family, the city and the country,—yes, even for the family of nations. These rules of conduct, or laws, differ as much to-clay, possibly, as at any time in the history of the world. We still find government of the selfish order, where the town, family, or even country, is ruled for the benefit of the few. In the main, however, the great benevolent idea of the brotherhood of man has penetrated to most corners of the world, so that the dominating principle of civilized peoples is that the benefits of the few must be subordinate to the welfare of the many. And yet, there exist, practically, all forms of government, from the crude barbaric up, through despotic autocracy, to wisely self-governing systems of rule. By observing the present governmental methods of all nations, one discovers a page out of almost every epoch of history. He finds the savage with his revolting ideas of family ties, the nomadic hordes, not unlike the Israelites of old, the despotism of the orient, the powerful yet narrow civic life of Russia, with its inane curb on public speech and the press, and the highest type of self government, in England and the United States. Let us look more closely into the methods of governing the different peoples of the world.

The Hall of the House of Representatives.

Contrary to the general impression the government of the United States of America is not founded on an instrument so marvelous as some people would think. The constitution of this country was by no means the inspiration of the brains of one set of men wrought to an excessively patriotic pitch by the exigencies of trying times. This idea should at once be eradicated from the minds of those who think this great civic document was turned out at white heat in a flash. Nothing is farther from the truth.

Men on Pennyslvania Avenue watching the time ball on the Navy Department, Washington.

Great as the constitution is, it was considered far from perfect at the time of its drafting. The downtrodden people of the thirteen colonies that struck for independence had long been gradually working out the measures of just such an instrument, in their daily life. Many of them, driven from their mother countries by persecution, to enjoy freedom in America, found an enveloping mass of restricting laws. Individually, many of the people sought concessions from the different countries which ruled them, as the years went on. Grants of public lands to colonists generally conceded something of democratic government. So did the charter of the colonies from the English crown, as England gradually gained control over most of the new world. In spite of restrictions, the people at large fought hard for their democratic principles. Ideas were at variance in various districts, but in the main the aim was toward something more near to self-government. The colonists insisted on councils from their number to confer with the crown-appointed governors, and held religiously to the right of their town meetings. Such incidents as the biding of the charter in the old Charter Oak mark the spirit of those times. Naturally, this spirit, these experiences, the charters, town laws, petty constitutions, etc., would have an influence, great indeed, upon the framing of a document on which the federation of states was to be established. Such was the case. Discussion at the time of the constitutional convention, called in 1787, was rife. Many present clauses in the great constitution of to-day were called "royalistic," toryistic and anything but democratic. The papers of that day discussed at great length propositions for the embodiment of certain features in the instrument. When the body of men who framed the constitution had completed their work, it was far from being what some of them had hoped for. In the end, it was a mass of concessions, paring here, curtailing there—in short an excellent document, but only such an one as was simply the outcome of the experience of the people. This was marked by the manner in which some of the states hesitated about becoming parties to the agreement under the constitution. Yet so well thrashed out was the experience of our forefathers that the constitution has withstood assault or change except in but few particulars. And yet again, these few changes, such as the first ten amendments, commonly called the bill of rights, attest the spirit of democracy, concession and compromise, which brought forth the instrument.

Mechanism that regulates the "time ball".1

The constitution is the highest law of the land. By its provisions the government of the United States is divided into three main branches—legislative, executive and judicial. The first has to do with the making of the laws for the United States as a whole. It is divided into two houses, the senate and the house of representatives, known jointly as Congress. The upper house Is made up of a body of senators, two elected from each state, in such manner that one-third of the entire body is chosen every two years. These senators are chosen by the legislatures of their respective states, save where appointments are made by governors, to provide for emergencies when legislatures are not in session. Thus it will be seen that the senate represents the dominant party in the various states, and only indirectly is the servant of the people. The senate is an extremely conservative body, and acts as a salutary check against hasty legislation. Yet so widespread is the feeling that this body is not truly democratic, that constant efforts have been made to elect its members by popular vote.

The house of representatives is a much larger body, being made up of representatives elected directly by the people of the congressional districts of each state, according to population. These members serve two years.

The two houses of congress are largely co-ordinate in their powers, although bills for appropriations can be introduced only in the lower house, while the senate has the power of ratifying treaties and appointments made by the president.

The executive branch has for its head the President of the United States. His term of office is four years, and while in general intent he is the popular choice of the majority of the people of the country, yet the manner of his election by the electoral college sometimes frustrates this idea. In voting indirectly for a president, the people of each state choose a number of electors equal to the number of representatives and senators of that state. It is the duty of these electors to meet at the capitals of their respective states, on a day appointed by law, and to cast their votes for their choice for president and vice-president. These votes are sent to Washington and counted. The men receiving the highest number of votes are elected to the two highest positions of the land. This method, in 1889, resulted in placing in the presidential chair Benjamin Harrison, when, as a matter of fact, the total count of the ballots of the whole country favored Grover Cleveland. Legally, placing an electors' man on a party ticket does not bind him to vote for any particular candidate, and while cases are known where men have violated their party faith, custom rules otherwise.

The President's duties are to enforce the laws of the land, to initiate legislation by sending a message to congress each term suggesting needed reforms, and to veto or approve new enactments. As the leader of his party, he is generally the dominating influence with the majorities of the two houses of congress. His veto power effectually nullifies any given legislation unless overruled by a two-thirds vote in both houses. He is the commander-in-chief of the land and naval forces of the United States, and is accorded as much deference by foreign powers as the ruler of any other nation. In aid of his administration several departments were created—the departments of state, war, navy, treasury, the interior, agriculture, postoffice, and justice, the heads of which make up his cabinet. These men are his closest advisers, chosen by him with the approval of the senate, and, as specified in the constitution, are in line of succession to the presidency, in case of the accidental removal from office of the president and vice-president. These men undertake directly to manage the machinery of the several business departments of the government, such as the coining of money by direction of the secretary of the treasury, the management of the postal service by the postmaster general, etc. They are directly responsible to the President for their acts, and censure or request for resignation would lead to their relinquishment of office, although this is not compulsory, except on the demand of the senate. These men, besides conducting the departments of which they are the heads, serve a great purpose in being the frequent advisers of the president. Directly responsible to the President, or to the heads of their respective departments, are the numerous employes of the United States government.

Copyrighted 1903 by Clinedinst, Washington, D.C. United States Supreme Court in session.

The judicial department consists of the supreme court of the United States and its subordinate tribunals, which are entirely independent of the other two branches of the government, although co-ordinate with them. It is the business of these courts to determine the construction to be placed on all laws framed by the federal Congress. and on laws made by states and cities of the Union which may conflict with the constitution of the United States or laws made under it. The district, circuit and appellate courts take up certain phases of judicial work for the federal government. If laws are deemed unjust or unconstitutional, these courts are appealed to for interpretation While it is not the policy of the judiciary to set at naught the laws framed by the legislative department, or the acts of the executive, yet such action has many times been necessary, and thereby the system of checks and balances has been preserved between the three branches of the government. The president needs congress to pass beneficial laws. Congress needs the approval of the executive to make its laws effective; and then the judiciary determine the validity of the triple legislation. So much for the organism of United States government.

From the working of these co-ordinate branches, the constructions put upon the constitution and general enactments has sprung a body of laws. The fabric of these laws is the result of experience throughout the states and municipalities of the country. It should be borne in mind that the law of the land is divided quite markedly into three divisions: municipal law, which may be said to govern nearest home, in the towns and cities; state law, which is not effective outside the state and constitutional or federal law, which is law enacted by Congress, and is based on the constitution of the United States. Although the last of these is the highest in point of authority, when authority is in question or there is a conflict of authority, the first in some respects is the basis upon which the others have been worked out, and consequently should be treated first.

Printing money.2

It is a common latter-day saying among locally independent voters who still cling to the great parties in national affairs, that state or national politics should not intrude themselves upon municipal or town affairs. This tells how closely the town or city government, the home government., appeals to the tax-payer. And well is it that such is the case. The matter of preserving local order, making laws for the home district., collecting and disbursing taxes, and other kindred affairs, should be kept strictly within local limits. So important is this self-government and so fully is it recognized on all sides that the state governments give charters to the cities empowering them to act in even wider circles than is usually their wont. Therefore we see it a pretty hard and fast custom that villages, towns, and cities are left to work out their own laws through the medium usually called police power—that is, the preserving of the peace and kindred duties of a government for the immediate welfare of the people.

But there are some functions of the body politic that must be broad enough to protect and govern not only the people of one town, but of all towns within the borders of a state. In the same way it is necessary to work for the welfare of the several townships in the various counties in the state. Therefore we see the state assuming its sovereign right of domain over all the counties within its jurisdiction and at the same time yielding certain powers to the counties as well as to the cities. Thus the city's charter allows it to grant street railway and other franchises, incur indebtedness to build water and gas works, elect its officials and levy a tax for the maintenance of its government. In the same way the county elects officials to preside over the welfare of the townships within its borders, and fix taxes for the maintenance of the jails, hospitals, poor farms, courts, board of commissioners, etc.

Lastly, within the state we observe the sovereignty of the state itself dominating yet by the will of the people all other law within the state. Thus the state taxes for the support of the state government which is for the benefit of all the people within its borders. The state knows no superior. It is supreme, save where, upon signing the constitution of the United States, each state surrendered certain powers to the United States government. It was on the rock of state sovereignty that the ship of state was nearly wrecked on the occasion of the Civil War. Since then it has been an accepted fact that while every state of the Union is independent, a sovereign unto itself, yet it has delegated away voluntarily certain of its powers and these powers only the federal government may exercise. And yet the state protects its people in times of riot with its own militia and resents interference from outside sources. It cares for its unfortunate insane, punishes the criminals in its penitentiaries, enacts measures in its legislature for maintaining peace, order, and promoting education and commerce, etc., among its people. Thus we observe that as benefits from government are to affect greater numbers of widely spread people the governing powers are less concentrated.

Finally we come to the methods which bring about laws for the general welfare of the whole nation. Naturally, in a federation of sovereign states it would be idle for the sovereign states to legislate for the whole. In most of the colonies demands had been made and granted for bills of rights by which the people were assured of certain jealously guarded principles of democracy. No such bill appeared in the constitution. Therefore in quick succession followed a number of amendments in order to satisfy the public mind that the republic was not to become too strongly centralized. Thus the constitution now provides for the safety of the individual in such precise terms that many a law framed by city or state when tried in the balances of the constitution, has been found wanting and declared void.

Under the constitution every man has the privilege of freedom of speech and of opinion through the press. The people may assemble and petition the government to redress wrongs. Every one is entitled to a speedy trial by jury, with immunity from excessive bail or cruel punishment. No person may be held to answer for a capital or otherwise infamous crime unless upon indictment by a grand jury, and no person can be twice put in jeopardy of life or limb for the same offense. The accused has the right to be confronted with the witnesses against him, the right to compel the appearance of witnesses in his favor, and to have counsel for his defense. No slavery or involuntary servitude shall exist except as punishment for crime. All persons born or naturalized in the United States are citizens thereof. No state may abridge the right of vote because of race, color or previous condition of servitude. These immediately foregoing provisions of the constitution do not and cannot secure to the negro, or any person, for that matter, the right to vote, for this is a matter which is still in the domain of, and controlled by, the sovereign states.

Congress must meet at least once every year beginning on the first Monday in December. Each state must respect the acts of other states. The states cannot nullify each other's laws or legal decisions. Congress has the power to admit new states to the Union as they may be desired. A state cannot exercise a function that has been delegated under the constitution to the federal power, nor, in the main, does congress exercise any power not specifically given it under the constitution. However, there is a growing tendency for the central government to strengthen itself, and under the provision of the constitution which permits congress to make all laws necessary to carry out the meaning of the constitution, its powers are constantly growing.

Congress cannot pass a law to punish an offense already committed. State laws in conflict with the constitution are void. Congress cannot lay any disabilities on the children of persons because those persons have been convicted of crimes or other misdemeanors. Each state is entitled to two senators, the smallest having the same rights with the largest. Territorial delegates to congress have the right of debate but not of voting.

Congressmen must be 25 years old to be eligible; they serve two years, and may be re-elected. Senators must be 30 years old to be eligible; they serve six years, and may be re-elected. The president must be 35 years old to be eligible; he serves four years and may be re-elected. No president, however, has served more than two terms. The same qualifications are necessary in the vice-president. No naturalized citizen may become president or vice-president, but a male child born of American parents abroad is considered a native-born American, and has all the rights of American citizenship, including eligibility to the presidency. The president has the right to pardon except in cases of impeachment. The vice-president is, ex officio, president of the senate, but has no vote in that body except to decide a tie.

Treason against the federal government consists only in making war against it, aiding its enemies or adhering to them, and must be proved either by open confession in court or by two witnesses to an overt act. Officers of the government may not accept honors from a foreign court without the consent of congress.

The house of representatives has the sole right of impeachment, but the senate conducts the impeachment trial. Persons committing crimes in one state may not have refuge in another. Silver coin is not legal tender in denominations less than one dollar in payments of over five dollars. Copper and nickel are not legal tender. The grand jury is a secret tribunal of 23 men. It hears one side of the case and an indictment by a vote of 12 of these men means that there is good reason for holding a trial. A unanimous vote by petty or trial jury is necessary to convict. Amendments to the constitution require a two-thirds majority vote in each house of congress and must be ratified by three-fourths of the legislatures of the states or by special conventions called for the purpose. When the president calls out the state militia it passes under the control of the federal government, and is under the command of the chief executive.

¹Man in Naval Observatory touching the clock which makes the ball on the Navy Department fall and gives the time to all America by Western Union Telegraph. The ball falls at noon each day.
Return to text.

²Printing money at the Bureau of Engraving and Printing. The plates are engraved by the finest engravers in the world, and are turned over to the printers. When the money is printed it is sent to the Treasury under guard and deposited in the vaults.
Return to text.

PATENT LAWS OF THE UNITED STATES
RAILROADS IN THE UNITED STATES
Table of Contents
Return to Main Page
© 1998, 2002 by Lynn Waterman