Studies in Civics - James T. McCleary
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AMERICAN EDUCATIONAL SERIES
STUDIES IN CIVICS
BY JAMES T. McCLEARY, M.C.
LATE TEACHER OF CIVICS AND HISTORY IN THE STATE NORMAL SCHOOL
MANKATO, MINNESOTA
LIFE MEMBER MINNESOTA HISTORICAL SOCIETY
REVISED TO 1897
[Illustration: (House of Representatives) UNITED STATES CAPITOL (Senate.)]
TO THE MEMBERS OF MY CLASSES IN CIVICS, WHOSE QUESTIONS HAVE AIDED ME IN
DETERMINING WHAT SUBJECTS TO TREAT, AND WHOSE EARNESTNESS AND INTELLIGENCE
HAVE MADE IT A PLEASURE TO BE THEIR TEACHER, THIS BOOK IS AFFECTIONATELY
INSCRIBED.
PREFACE.
The thought constantly in mind in the preparation of this book has been to
furnish useful material in usable form.
Attention is invited to the scope of the work. The Constitution of the
United States, not a mere abstract of it but a careful study of the text,
is properly given much space but is not allowed a monopoly of it. Each of
our governmental institutions deserves and receives a share of
consideration. The order of presentation--beginning with the town, where
the student can observe the operations of government, and proceeding
gradually to the consideration of government in general--is based upon
conclusions reached during eighteen years of experience in teaching this
subject.
Matter to be used chiefly for reference is placed in the appendix.
Attention is asked to the amount of information which, by means of
tabulations and other modes of condensation, is therein contained.
Documents easily obtainable, such as the Declaration of Independence, are
omitted to make room for typical and other interesting documents not
usually accessible.
Is this book intended to be an office-holders' manual? No; but it _is_
intended to help students to get an insight into the way in which public
business is carried on.
Is it designed as an elementary treatise on law? No; but the hope is
indulged that the young people who study it will catch something of the
_spirit_ of law, which to know is to respect.
CONTENTS.
PREFACE,
TO TEACHERS,
TO STUDENTS,
PRELIMINARY CHAPTER.
GOVERNMENT: WHAT IT IS AND WHY IT IS,
PART I.--GOVERNMENT WITHIN THE STATE.
CHAPTER.
I.--THE TOWN: WHY AND HOW ORGANIZED, ETC.,
II.--PRIMITIVE MODES OF ADMINISTERING JUSTICE,
III.--PROCEEDINGS IN A JUSTICE COURT,
IV.--THE INCORPORATED VILLAGE,
V.--THE CITY,
VI.--THE COUNTY,
VII.--ESTABLISHING JUSTICE IN THE COUNTY,
VIII.--HISTORICAL,
PART II.--THE STATE.
IX.--STATES: WHY AND HOW CREATED,
X.--STATE CONSTITUTIONS,
XI.--DEPARTMENTS OF GOVERNMENT,
XII.--THE LEGISLATIVE DEPARTMENT,
XIII.--THE EXECUTIVE DEPARTMENT,
XIV.--OTHER STATE OFFICERS,
XV.--THE JUDICIAL DEPARTMENT,
XVI.--RETROSPECT AND PROSPECT,
PART III.--THE NATION.
XVII.--THE CAUSES OF THE REVOLUTION,
XVIII.--THE ARTICLES OF CONFEDERATION,
XIX.--THE ORIGIN OF THE CONSTITUTION,
XX.--THE CONSTITUTION: PREAMBLE,
XXI.--STRUCTURE OF THE LEGISLATIVE BRANCH,
XXII.--POWERS OF CONGRESS,
XXIII.--THE EXECUTIVE BRANCH,
XXIV.--THE JUDICIAL BRANCH,
XXV.--THE RELATIONS OF THE STATES,
XXVI.--MODES OF AMENDING THE CONSTITUTION,
XXVII.--MISCELLANEOUS PROVISIONS,
XXVIII.--RATIFICATION OF THE CONSTITUTION,
XXIX.--THE AMENDMENTS,
PART IV.--GOVERNMENT IN GENERAL.
XXX.--FORMS OF GOVERNMENT,
PART V.--COMMERCIAL LAW.
XXXI.--CONTRACTS,
XXXII.--AGENCY,
XXXIII.--PARTNERSHIP,
XXXIV.--CORPORATIONS,
XXXV.--COMMERCIAL PAPER,
APPENDIX.
A.--FORMS,
B.--TABLES,
C.--HOW SOME THINGS ARE DONE,
D.--SOME PRINCIPLES OF INTERNATIONAL LAW,
E.--DOCUMENTS,
GENERAL INDEX,
TO TEACHERS.
Highly competent teachers are the very ones who receive most kindly
suggestions meant to be helpful. For such these words are intended.
The local organizations are so related that it is advisable for all
classes to consider each of them. Especial attention should, however, be
given to the organization (town, village or city) in which the school is.
Here considerable time can be profitably spent, and the matter in the book
may be much amplified. Here must be laid the basis of future study.
Certain typical instruments deserve careful study. For a student to have
made out understandingly an official bond, for instance, is for him to
have gained greatly in intelligence.
It will be of great advantage to the class for the teacher to have a
complete set of the papers whose forms are given in Appendix A. These may
be obtained at almost any newspaper office, at a cost of about 50 cents.
A scrap-book or series of envelopes in which to file newspaper clippings
illustrative of the every-day workings of government, may be made very
useful. Pupils should be permitted and encouraged to contribute.
One good way to review is for the teacher to give out, say once in two
weeks, a set of twenty-five or more questions, each of which may be
answered in a few words; have the pupils write their answers; and the
correct answers being given by teacher or pupils, each may mark his own
paper. Each pupil may thus discover where he is strong and where weak.
The questions given for debate may be discussed by the literary society.
Or for morning exercises, one student may on a certain day present one
side of the argument, and on the following day the negative may be brought
out by another student.
A student should not be required to submit his good name to the chances of
answering a certain set of questions, however excellent, at the
examination, when from anxiety or other causes he may fall far short of
doing himself justice. One good plan is to allow each student to make up
50 percent of his record during the progress of the work, by bringing in,
say, five carefully prepared papers. One of these may be a _resume_ of
matter pertaining to his local organization; another may be an account of
a trial observed, or other governmental work which the student may have
seen performed; a third may be a synopsis of the president's message; the
fourth, a general tabulation of the constitution; the fifth, a review of
some book on government, or a paper on a subject of the student's own
choice.
Among reference books, every school should have at least the Revised
Statutes of the state and of the United States, the Legislative Manual of
the state, a good political almanac for the current year, the
Congressional Directory, and Alton's Among the Lawmakers.
A Teachers' Manual, giving answers to the pertinent questions contained
herein, and many useful hints as to the details of teaching Civics, is
published in connection with this book.
TO STUDENTS.
You will notice in chapter one that at the close of nearly every paragraph
questions are thrown in. They are inserted to help you cultivate in
yourself the very valuable habit of rigid self-examination. We are all
liable to assume too soon that we have the thought. Not to mar the look of
the page, the questions are thenceforward placed only at the close of the
chapters.
You will soon discover that these questions are so framed as to require
you to read not only on the lines and _between_ them, but also right down
_into_ them. Even then you will not be able to answer all of the
questions. The information may not be in the book at all. You may have to
look around a long time for the answer.
If you occasionally come to a question which you can neither answer nor
dismiss from your mind, be thankful for the question and that you are
bright enough to be affected in this way. You have doubtless discovered
that some of your best intellectual work, your most fruitful study, has
been done on just such questions.
After studying a provision of the constitution of the United States, you
should be able to answer these four questions: 1. What does it _say?_ 2.
What does it _mean?_ 3. _Why_ was the provision inserted? 4. How is it
carried into practical effect? Some of the provisions should be so
thoroughly committed to memory that at any time they may be accurately
quoted. The ability to quote exactly is an accomplishment well worth
acquiring.
After you have got through with a line of investigation it is a good thing
to make a synopsis of the conclusions reached. Hints are given at
appropriate places as to how this may be done. But the doing of it is left
to you, that you may have the pleasure and profit resulting therefrom.
Finally, without fretting yourself unnecessarily, be possessed of a "noble
dissatisfaction" with vague half-knowledge. Try to see clearly. Government
is so much a matter of common sense, that you can assuredly understand
much of it if you determine so to do.
STUDIES IN CIVICS.
PRELIMINARY CHAPTER.
GOVERNMENT: WHAT IT IS AND WHY IT IS.
At the very beginning of our study, two questions naturally present
themselves: First. What is government? Second. Why do we have such a
thing?
These questions are much easier to ask than to answer. The wisest men of
the ages have pondered upon them, and their answers have varied widely.
Yet we need not despair. Even boys and girls can work out moderately good
answers, if they will approach the questions seriously and with a
determination to get as near the root of the matter as possible.
Beginning without attempting an exact definition of government, because we
all have a notion of what it is, we notice that only certain animals are
government-forming. Among these may be mentioned the ant, the bee, and
man. The fox, the bear, and the lion represent the other class. If we
should make two lists, including in one all the animals of the first class
and in the other all those of the second class, we should make this
discovery, that government-forming animals are those which by nature live
together in companies, while the other class as a rule live apart. The
generalization reached is, that _only gregarious animals form
governments_. We would discover upon further investigation that the
greater the interdependence of the individuals, the more complex the
government.
Confining our attention now to man, whose government is the most complex,
we may put our generalization into this form: Man establishes government
because _by nature he is a social being_. This may be taken as the
fundamental reason. Let us now proceed to trace the relation between cause
and effect.
In order that people may go from place to place to meet others for
pleasure or business, roads are needed. Some of these roads may cross
streams too deep for fording, so bridges must be provided. These things
are for the good of all; they are public needs, and should be provided by
the public. But "what is every body's business is nobody's business." It
follows that the public must appoint certain persons to look after such
things. By the act of appointing these persons, society becomes to that
extent organized. We see, then, that society organizes in order to provide
certain public improvements, _to carry on certain public works_.
For his own preservation, man is endowed with another quality, namely,
selfishness. Sometimes this is so strong in a person as to cause him to
disregard the rights of others. By experience man has learned that _every_
person is interested in seeing that conflicting claims are settled on a
better basis than that of the relative strength of the contestants. In
other words, all are interested in the prevalence of peace and the
rightful settlement of disputes. That this work may surely be done, it is
obvious that society must appoint certain persons to attend to it; that
is, society organizes _to establish justice._
Communities take their character from that of the individuals composing
them, therefore communities are selfish. A third reason appears, then, for
the organization of society, namely, _the common defense._
But this organization of society is the very thing that we call
government. We may, therefore, answer the two questions proposed at the
beginning in this way:
_Government is the organization of society to carry on public works, to
establish justice, and to provide for the common defense._
The term _government_ is also applied to the body of persons into whose
hands is committed the management of public affairs.
To show that government is a necessity to man, let us imagine a company of
several hundred men, women, and children, who have left their former home
on account of the tyranny of the government. So harshly have they been
treated, that they have ascribed all their misery to the thing called
government, and they resolve that they will have none in their new home.
They discover an island in the ocean, which seems never to have been
occupied, and which appears "a goodly land." Here they resolve to settle.
They help each other in building the houses; each takes from the forest
the wood that he needs for fuel; they graze the cattle in a common meadow;
they till a common field and all share in the harvest. For a time all goes
well. But mutterings begin to be heard. It is found that some are
unwilling to do their share of the work. It becomes manifest to the
thoughtful that community of property must be given up and private
ownership be introduced, or else that the common work must be regulated.
In the latter case, government is established by the very act of
regulation; they are establishing justice. If they resolve to adopt
private ownership, industry will diversify, they will begin to spread out
over the island, and public improvements will be needed, such as those
specified above. The conflict of interests will soon necessitate tribunals
for the settlement of disputes. And thus government would, in either case,
inevitably be established. A visit from savages inhabiting another island
would show the utility of the organization for common defense.
Thus government seems a necessary consequence of man's nature.
In this country we have the general government and state governments, the
latter acting chiefly through local organizations. For obvious reasons,
the common defense is vested in the general government. For reasons that
will appear, most of the work of public improvement and establishing
justice is entrusted to the state and local governments.
These we shall now proceed to study, beginning at home.
QUERIES.--Would government be necessary if man were morally perfect? Why
is this organization of society called _government?_
PART I.
GOVERNMENT WITHIN THE STATE.
CHAPTER I.
THE TOWN: WHY AND HOW ORGANIZED; OFFICERS; TOWN BUSINESS.
Necessity.--Now instead of a company going to an island to found new
homes, let us think of immigrants to a new part of a state.
Like the people on the island, they will need roads, bridges, and schools;
and they will desire to preserve the local peace. Hence they, too, will
need to organize as a political body.
Size.--Since these people are going to meet at stated periods to agree
upon the amounts to be put into public improvements and to select officers
to carry out their wishes, the territory covered by the organization
should not be very large. It should be of such a size that every one
entitled to do so can reach the place of meeting, take part in the work
thereof, and return home the same day, even if he has no team.
Basis.--Will anything be found already done to facilitate matters? Yes.
Those parts of the state open to settlement will be found surveyed into
portions six miles square. These squares are called in the survey
"townships," plainly indicating that they were meant by the general
government to be convenient bases for the organization of "towns." And
they have been so accepted.
Draw a township. Subdivide it into sections and number them in accordance
with the U.S. survey. Subdivide a section into forties, and describe each
forty. Why do we have such divisions of a township? Locate your father's
farm. What is the difference between a _township_ and a _town?_ [Footnote:
In some states the terms "congressional township" and "civil township" are
used.]
Corporate Powers.--A town is in some respects like an individual. It can
sue and be sued. It can borrow money. It can buy or rent property needed
for public purposes. And it can sell property for which it has no further
use. Because a town can do these things as an individual can it is called
a corporation, and such powers are called corporate powers.
When we say that "the town" can do these things, we mean of course that
the people of the town as a political body can do them, through the proper
officers.
Officers Needed.--The town needs one or more persons to act for it in its
corporate capacity and to have general charge of its interests.
Should there be one, or more than one? Why? How many are there?
Every business transaction should be recorded, and the town should have a
recording officer or secretary.
What is the recording officer in this town called? What is his name? Which
officer would naturally be the custodian of public papers?
It takes money to build bridges and to carry on other public works, and
the town needs some one to take charge of the public funds.
What is the officer called? Who occupies that position in this town? How
is he prevented from misappropriating the money belonging to the people?
Our plan for raising public money for local purposes is, in general, that
each person shall contribute _according to the value of his property._
Hence the town needs a competent and reliable man to value each person's
property.
What is such an officer called? What is the name of the one in this town?
Is any property exempt from taxation? Why? Just how is the value of the
real estate in the town ascertained for the purpose of taxation? The value
of the personal property? Get a list and find out what questions this
officer asks. Read the statement at the bottom of the list carefully, and
then form an opinion of a person who would answer the questions
untruthfully for the purpose of lowering his taxes.
The immediate care of the roads will demand the attention of one or more
officers.
How many in this town? What are such officers called? Name them.
Differences about property of small value sometimes arise, and to go far
from home to have them settled would involve too much expense of time and
money; hence the necessity of local officers of justice. These officers
are needed also because petty acts of lawlessness are liable to occur.
How many justices of the peace are there in each town? Why that number?
What is the extent of their jurisdiction?
The arrest of criminals, the serving of legal papers, and the carrying out
of the decisions of justices of the peace, make it necessary to have one
or more other officers.
What are such officers called? How many in each town? Why? Look up the
history of this office; it is interesting.
The public schools of the town may be managed either by a town board of
trustees, who locate all of the school-houses, engage all of the teachers,
and provide necessary material for all of the schools in the town; or the
town may be divided into districts, the school in each being managed by
its own school board.
Does the township system or the district system prevail in this state?
Name some state in which the other system prevails.
How Chosen.--In this country most of the public officers are chosen by the
people interested. The great problem of election is how to ascertain the
real will of those entitled to express an opinion or have a choice. And
all the arrangements for conducting elections have in view one of two
things: either to facilitate voting or to prevent fraud. The town serves
as a convenient voting precinct.
Find out from the statutes or from the town manual or by inquiry, when the
town meeting is held; how notice is given; how it is known who may vote;
who are judges of election; how many clerks there are; how voting is done;
how the votes are counted and the result made known; what reports of the
election are made. Give the reason for each provision. Can a person vote
by proxy? Why? What is to prevent a person from voting more than once? If
the polls are open seven hours, and it takes one minute to vote, how many
persons can vote at one polling place? What may be done in case there are
more than that number of voters in the town? How are road overseers
elected, and in what part of the day? Why then? What other business is
transacted at town meeting? How do the people know how much money will be
needed for the coming year's improvements? How do they learn the nature
and expense of last year's improvements?
Give four general reasons for our having towns.
* * * * *
PRACTICAL WORK FOR STUDENTS.
I. ORGANIZING A TOWN.
Prepare in due form a petition to the proper authorities asking that a new
town be organized. [Footnote: For forms see Appendix. If necessary, all
the pupils in the room or school may act as "legal voters." (This
"Practical Work" may be omitted until the review, if deemed best.)] Be
sure that the order establishing the new town is duly made out, signed,
attested and filed. Give reasons for each step.
II. HOLDING ANNUAL TOWN MEETING.
1. Preliminary.--What report does each road overseer make to the
supervisors? When is the report due? What do the supervisors require this
information for?
Who gives notice of the town meeting? When? How?
When does the town treasurer make his report to the persons appointed to
examine his accounts? When does this examination take place? What is its
purpose?
What report does the board of supervisors make to the people at the town
meeting? When is it prepared? Why is it necessary?
Why so many preliminaries?
2. The Town Meeting.--That everything may be done "decently and in order,"
it will be necessary to consult carefully the statutes or the town manual.
Be sure
(a) That the proper officers are in charge.
(b) That the order of business is announced and followed.
(c) That the polls are duly declared open.
(d) That the voting is done in exact accordance with law.
(e) That general business is attended to at the proper time.
(f) That reports of officers are duly read and acted upon.
(g) That appropriations for the succeeding year are duly made.
(h) That the minutes of the meeting are carefully kept.
(i) That the polls are closed in due form.
(j) That the votes are counted and the result made known according to law.
(k) That all reports of the meeting are made on time and in due form.
3. After Town Meeting.--See that all officers elected "qualify" on time
and in strict accordance with law. Especial care will be needed in making
out the bonds.
Town clerk must certify to proper officer the tax levied at town meeting.
III. LAYING OUT AND MAINTAINING ROADS.
1. Laying out a Road.--Make out a petition for a town road, have it duly
signed and posted. In due season present it to the supervisors who were
elected at your town meeting.
The supervisors, after examining the petition carefully and being sure
that it is in proper form and that it has been duly posted, will appoint a
time and place of hearing and give due notice thereof.
When the day of hearing arrives they will examine the proofs of the
posting and service of the notices of hearing before proceeding to act
upon the petition.
Having heard arguments for and against the laying of the road, the
supervisors will render their decision in due form.
In awarding damages, the supervisors will probably find four classes of
persons: first, those to whom the road is of as much benefit as damage,
and who admit the fact; second, those who should have damages, and are
reasonable in their demands; third, those who claim more damages than they
are in the judgment of the supervisors entitled to; and fourth, those who
from some cause, (absence, perhaps,) do not present any claim. From the
first class, the supervisors can readily get a release of damages. With
the second, they can easily come to an agreement as to damages. To the
third and fourth, they must make an award of damages. Let all of these
cases arise and be taken care of.
The supervisors must be careful to issue their road order in proper form,
and to see that the order, together with the petition, notices, affidavits
and awards of damages, are filed correctly and on time. The town clerk
must read the law carefully to ascertain his duty, and then perform it
exactly. See that fences are ordered to be removed. Let one of the persons
who feels himself aggrieved by the decision of the supervisors, "appeal"
to a proper court. Let this be done in due form. As each step is taken,
let the reasons for it be made clear.
2. Maintaining Roads.--Road overseers return the list of persons liable to
road labor. How are these facts ascertained, and when must the "return" be
made?
Supervisors meet and assess road labor, and sign road tax warrants. When
and how is this done?
How is the road tax usually paid? How else may it be paid? How does the
overseer indicate that a person's tax is paid? If a person liable to road
tax does not "commute," and yet neglects or refuses to appear when duly
notified by the road overseer, what can the latter do about it? How is
delinquent road tax collected? How can a person who has paid his tax prove
that he has paid it?