Government and Administration of the United States by Westel W. Willoughby and William F. Willoughby
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Westel W. Willoughby and William F. Willoughby >> Government and Administration of the United States
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Yet another point in dispute was whether the slaves should, or should
not, be counted in estimating the population of the States, in order to
determine the number of representatives to which each State should be
entitled. This likewise was compromised. It was agreed that five slaves
should be counted equivalent to three white men.
These three main points being settled by compromises, other parts of the
government, such as a single chief executive, a Federal judiciary, and
the decision as to what powers should be given to the President, what to
the Senate, and what to the House, were more easily arranged, and the
convention adjourned September 17, 1787, having been in session a little
over four months. Thus was prepared the Constitution under which we are
now living--an achievement declared by Guizot to be the greatest work of
its kind, and by Gladstone to be the greatest work ever struck out at
one time by the hand of man.
The Constitution having been agreed to in convention, it was now
submitted to the vote of each of the colonies for acceptance. It was
decided in this convention that it should be considered as ratified, and
should go into effect as soon as accepted by nine of the thirteen
States.
The adoption or rejection of the Constitution now became a question
which claimed the entire attention of the States, and it is during this
contest that we find the origin of the first political parties in the
United States. Those favoring the adoption of the Constitution were
called "Federalists" and those opposing it "Anti-Federalists."
_#Arguments For and Against Adoption.#_--The Federalist party was
composed of those men who were desirous of a strong central government,
and for this reason favored the Constitution. This party was especially
strong in New England, largely because New England, being the commercial
part of the colonies, had had the lamentable weakness of the old
confederation brought home to them the more forcibly by the
disorganization and loss of commerce which the Continental Congress had
been unable to regulate.
The Anti-Federalists were those who wished the State governments to be
kept strong, and that there should be a comparatively weak central
government.
The argument used by the Federalists for the adoption of the
Constitution was, that only by correcting all those defects of the
Confederation which have been pointed out, could order and prosperity be
restored to the country. They said that the Constitution, being a series
of compromises, could not please everyone in all respects, but that it
was the best that could be obtained under the circumstances. Their
arguments appeared in a remarkable collection of eighty-five essays,
called the "Federalist," written by Alexander Hamilton in company with
John Jay and James Madison. In these were explained all the points of
the Constitution, and to this day they remain the best exposition of the
Constitution ever written.
The objections raised by the Anti-Federalists were many. In the first
place, it was of course objected that it gave to the central government
too much power; that state government and State liberty would be crushed
out. The State was then as dear to the citizen as is the National
Government to us to-day. Patriotism was then devotion to the State. The
colonists had suffered so much from control over their state governments
by an outside strong government, that they were fearful of again putting
themselves under a strong national government though of their own
making. In warning terms it was declared it would be a government
founded upon the destruction of the governments of the several States.
They said, "Congress may monopolize every source of revenue, and thus
indirectly demolish the State governments, for without funds they cannot
exist." These elements of State love and jealousy of the Federal power
are of the utmost importance in studying our history. We see them
running through all our life as the main causes of division between
political parties. (See later chapter on "Introduction to History of
Political Parties.")
Another objection was, that the Constitution contained no definite "bill
of rights" recognizing and guaranteeing fundamental personal liberties,
such as freedom of speech, liberty of the press, assurance against
unjust arrest, the right to bear arms, and trial by jury in civil cases,
etc. This class of objections was satisfied by the adoption of the first
ten constitutional amendments. It was also claimed by those opposed to
the ratification, that inasmuch as the Constitution placed no limit to
the number of terms which a President might serve, one man might become
so powerful as to obtain a life-tenure of office, and thus the
government would degenerate into a monarchy. To show how exaggerated
were the fears during this critical period of our history, we have the
report that it was actually claimed and believed by many at that time
that the Federalists had the secret intention of inviting over to our
country some European prince who should rule as king. Patrick Henry
cried, "We shall have a king; the army will salute him monarch." Though
not fixed by the Constitution, it has been since the time of Washington
the invariable rule that no man shall be elected for more than two
terms. The friends of President Grant attempted to have him nominated
for a third time, but so strong was this prejudice that, popular as he
was at that time, the plan failed.
For nine months the struggle was wagered fiercely in the States, but the
Federalists prevailed. In June, 1788, the ninth State ratified, and
adoption was assured. Congress fixed the first Wednesday in January for
the election of presidential electors, the first Wednesday in February
for the meeting of the electors and election of the President, and the
first Wednesday in March, 1789, for the inauguration of the President
and the beginning of the new government. This last date fell upon the
4th of March, which date has from that time served as the day for the
inauguration of our presidents. Owing to a delay in the assembling of
the new Congress, Washington was not inaugurated, nor our present
government instituted, until April 30, 1789.
Thus was founded our present government, which has stood the test of a
century. When adopted there were thirteen States; now there are
forty-four. The inhabited area was then the narrow strip between the
Atlantic Ocean and the Allegheny Mountains, with a population of
scarcely 3,000,000. Now the United States stretches 3,000 miles from
ocean to ocean, and contains a population of over sixty millions.
CHAPTER VII.
Presidential Succession.
The provisions of the Constitution regarding the Presidential
succession, in case of the death or resignation of both President and
Vice-President, are: "In case of the removal of the President from
office, or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same devolve on the
Vice-President, and the Congress may by law provide for the case of
removal, death, resignation, or inability both of the President and
Vice-President, declaring what officer shall then act as President, and
such officer shall act accordingly until the disability be removed or a
President shall be elected." (Article II, section 6.)
In pursuance of the power thus granted to it in the last half of this
section, Congress in 1792 passed an act declaring that in case of the
death, resignation, etc., of both the President and Vice-President, the
succession should be first to the President of the Senate and then to
the Speaker of the House.
This order was changed by the act of 1886, which provided that the
succession to the presidency should be as follows:
1. President.
2. Vice-President.
3. Secretary of State.
4. Secretary of the Treasury.
5. Secretary of War.
6. Attorney-General.
7. Postmaster-General.
8. Secretary of the Navy.
9. Secretary of the Interior.
In all cases the remainder of the four-years' term shall be served out.
This act also regulated the counting of the votes of the electors by
Congress, and the determination of who were legally chosen electors.
Note.--The Constitution made no provision in case of a contested
election, or when no one should be elected. Such a contingency seemed to
have been overlooked in the framing of the Constitution.
CHAPTER VIII.
Election of Senators.
The provisions of the Constitution regarding the election of senators
were as follows: "The Senate of the United States shall be composed of
two senators from each State, chosen by the Legislature thereof, for six
years; and each senator shall have one vote." (Article I, section 3,
paragraph 1.) "The times, places, and manner of holding elections for
senators and representatives shall be prescribed in each State by the
Legislature thereof, but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing senators."
(Article I, section 4, paragraph 1.)
Until 1866 this matter was left entirely to the States, as permitted by
the section of the Constitution just given. In that year an act was
passed by the Federal Congress regulating the election of senators by
the State Legislatures. By it was provided that the Legislature of each
State, which is chosen next preceding the expiration of the term of
either of their senators, shall on the second Tuesday after assembling
elect a senator in the following manner: Each House shall by open ballot
(_viva voce_) choose some man for senator, and he who receives a
majority of the total number of votes cast in such House is entered on
the journal of that House. At noon on the following day the members of
the two Houses convene in joint assembly, and the journal of each House
is then read, and if the same person has received a majority of the
votes of each House he is declared duly elected senator. But if not, the
joint assembly then proceeds to choose by a _viva voce_ vote of each
member present, a person for senator, and the person who receives a
majority of all the votes of the joint assembly--a majority of all the
members elected to both Houses being present and voting--is declared
duly elected. If no person receives such a majority on the first day,
the joint assembly meets at noon on each succeeding day during the
session of the Legislature, and takes at least one vote until a senator
is elected. In case of a vacancy occurring in the Senate during the
recess of the State Legislature, the governor appoints a man to fill the
place, his appointee holding until a successor shall be chosen in the
above method by the State Legislature.
In the House, when vacancies happen in the representation from any
State, the Governor issues an order for a new election in the
congressional districts in which such vacancies occur. The
representatives thus elected hold office for the unexpired terms of
their predecessors.
CHAPTER IX.
Congressional Government.
The Constitution created Congress and conferred upon it powers of
legislation for national purposes, but made no provision as to the
method by which these powers should be exercised. In consequence
Congress has itself developed a method of transacting its business by
means of committees.
The Federal Legislature consists of two Houses--the Senate, or Upper and
less numerous branch, and the House of Representatives, or the Lower and
more numerous popular branch.
The Senate is composed of two members from each State elected by the
state legislatures for a term of six years, one-third of whom retire
every two years. The presiding officer is the Vice-President. Early in
each session, the Senate chooses a President _pro tempore_, so as to
provide for any absence of the Vice-President, whether caused by death,
sickness, or for other reasons.
The House of Representatives is at present composed of 332 members and
four delegates from the Territories. These delegates, however, have no
vote, though they may speak. The House is presided over by a speaker,
elected at the beginning of each session. A quorum for business is, in
either House, a majority.
Congress meets every year in the beginning of December. Each Congress
lasts two years and holds two sessions--a long and a short session. The
long session lasts from December to midsummer. The short session lasts
from December, when Congress meets again, until the 4th of March. The
term of office then expires for all the members of the House, and for
one-third of the Senators. The long session ends in even years (1880 and
1882, etc.), and the short session in odd years (1881 and 1883). Extra
sessions may be called by the President for urgent business.
In the early part of the November preceding the end of the short session
of Congress, occurs the election of Representatives. Congressmen then
elected do not take their seats until thirteen months later, that is, at
the reassembling of Congress in December of the year following, unless
an extra session is called. The Senate frequently holds secret, or, as
they are called, executive sessions, for the consideration of treaties
and nominations of the President, in which the House of Representatives
has no voice. It is then said to sit with closed doors.
An immense amount of business must necessarily be transacted by a
Congress that legislates for nearly sixty-three millions of people,
inhabiting a territory of over three and a half millions of square
miles.
Lack of time, of course, prevents a consideration of each bill
separately by the whole legislature. To provide a means by which each
subject may receive investigation and consideration, a plan is used by
which the members of both branches of Congress are divided into
committees. Each committee busies itself with a certain class of
business, and bills when introduced are referred to this or that
committee for consideration, according to the subjects to which the
bills relate. Thus, for example, affairs relating to Washington are
handed over to what is known as the District Committee, a regular
appropriation bill to the Committee on Appropriations, etc. These
committees consider these bills carefully, frequently taking the
testimony of outside persons to discover the advisability of each bill.
The regular course through which a bill has to go before becoming an
act--_i.e._, to pass both houses and receive the signature of the
President--is as follows: On Mondays there is a roll-call of the States,
and members may then introduce in the House or Senate any bill they may
desire. These bills are then referred by the presiding officer to
appropriate committees. These committees, meeting in their own separate
rooms, debate, investigate, and, if necessary, as has been said, ask the
opinion of outside persons. After such consideration bills are reported
back to the House or Senate. But very few bills reach this stage, for
the committee does not get time to report any save the more important
ones, and thus the majority of them disappear, or, as the saying is,
"are killed in committee." If a bill receives the approval of the
committee it is favorably reported to the Senate or House, as the case
may be--_i.e._, the bill is returned, accompanied by a report advising
the passage of the accompanying bill. If the bill is not approved by the
committee, an unfavorable report is made; bills are seldom passed after
such an adverse report. These reports which accompany the bills, are
printed, often at great length, giving reasons for the proposed action
in regard to the bills. When reported by the committee back to the house
in which it was introduced, a bill is voted upon, and, if passed, is
sent to the other branch. If passed there, it is ready for the
President's signature; if vetoed, the bill is lost, unless passed over
the veto by a two-thirds vote of both houses. But frequently one house,
while not wishing to defeat a measure sent to it from the other house,
may desire to change it by some amendment. If this is done, the bill, as
amended, is sent back to the house from which it came, and if then
agreed to as amended by it, it is sent to the President for his
approval. Thus by repeated amendments it may pass to and fro between the
House and Senate several, times. In the House of Representatives, many
bills are passed through all their various stages by a single vote, by
what is known as a "suspension of the rules," which may be ordered by a
two-thirds vote.
The Senate is now divided into between fifty and sixty committees, but
the number varies from session to session. The principal committees are
those on (1) Foreign Relations, (2) Privileges and Elections, (3)
Judiciary, (4) Commerce, (5) Finance, and (6) Appropriations. The Senate
selects the members for the different committees by ballot, though it is
pretty well determined beforehand how each committee shall be
constituted by means of party caucuses (informal meetings of members of
the same party to determine upon lines of action that will be supported
by all). A committee is always composed of an odd number of members, and
both political parties are always represented on every committee, though
the majority is, in almost all cases, from that party which has the
majority of the members of the Senate.
The House of Representatives is organized into sixty committees,
ranging, in their number of members, from thirteen down. As regards
party representation, their constitution is similar to that of the
Senate Committees. The Committee of "Ways and Means," which regulates
customs duties and excise taxes, is by far the most important.
Other important committees are those on (1) Elections, (2)
Appropriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures,
(6) Commerce, (7) Labor. Every Representative is on one committee, and
most of them on several. Unlike the custom in the Senate, in the House
the presiding officer has the sole power of appointment, which makes
him, next to the President, the most important and powerful government
official. The chairman of each committee has, of course, a large power
over affairs with which his committee is concerned, and for this reason
it is often said that it is the chairmen of these committees who rule
the land.
The precise amount of effective work done by Congress during the two
sessions of the Fiftieth Congress was as follows: There were 4,000 bills
introduced in the Senate and 145 Senate joint resolutions: of this
number 1,127 bills and joint resolutions passed the Senate, and 554 were
either postponed indefinitely or referred to the Court of Claims, so
that the total number on which final action was taken by the Senate was
1,681. The committee on enrolled bills examined 667 Senate bills and
joint resolutions and sent them to the President and 591 became laws,
the number of vetoes, including "pocket vetoes," being 76.
The House of Representatives passed 1,561 House bills and sent them to
the Senate, and the Senate passed 1,347 of them, leaving 214 to perish.
The House passed 56 House joint resolutions and the Senate passed all of
them but eight. The House passed, therefore, 2,284 House and Senate
bills, and the Senate passed 2,522.
The first session of the Fifty-first Congress (1889-90) was, with one
exception, the longest ever held.[1] During the session there were
introduced in the House 12,402 bills and joint resolutions, and in the
Senate 4,570, making a total of 16,972. The total number of acts passed
was 1,335 as against 1,790 for _both_ sessions of the Fiftieth Congress.
Of these 881 were pension bills.
[Footnote 1: The longest session was the long session of the Fiftieth
Congress.]
Congress ordinarily assembles at noon, and remains in session until 4 or
5 p.m., though towards the end of the term it frequently remains in
session until late in the night. The first thing upon assembling in the
morning is prayer. On Mondays, as stated, there is next a roll-call of
States for the introduction of bills. Sometimes a committee is
instructed to prepare and bring in a bill of its own, without waiting to
have one introduced and referred to it. Reports from committees are
heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on
Mondays after the introduction of bills. Friday is a day usually set
apart for the consideration of private measures. On Saturdays Congress
seldom sits.
There is still one feature of Congressional government which needs
explanation, and that is the caucus. A caucus is the meeting of the
members of one party in private, for the discussion of the attitude and
line of policy which members of that party are to take on questions
which are expected to arise in the legislative halls.
Thus, in Senate caucus, is decided who shall be members of the various
committees. In these meetings is frequently discussed whether or not the
whole party shall vote for or against this or that important bill, and
thus its fate is decided before it has even come up for debate in
Congress.
CHAPTER X.
The Cabinet and Executive Departments.
We have seen that the functions of government are divided into three
distinct classes, the legislative, the judicial, and the executive. The
Constitution provides as to the methods for the exercise of the first
two, but none for the third. The only reference in the constitution to
executive departments is in Art. II, Sec. 2, where the President is
given the power to require the opinion in writing of the principal
officer in each executive department upon any subject relating to the
duties of his office. The departments have in each case been created by
an act of Congress and from time to time as convenience has demanded.
The duties of the executive are to enforce and apply the laws of the
nation after they are made by the legislature and interpreted by the
courts. This is the real business of government, by which the laws are
put into effect, and the work of government is actually carried on. In
the United States Government this power is placed in the hands of a body
of men distinct from the legislative and judicial officers. At the head
is the President, and hence his title of "Chief Executive." It is
evident that he must divide up the vast amount of work to be done, and
delegate it to others. Congress directs how this shall be done. For this
purpose Congress has created nine executive departments (1)State,
(2)Treasury, (3)War, (4)Navy, (5)Interior, (6)Post Office, (7)Justice,
(8)Agriculture, (9)Labor.
These departments have been created as required by the growth of
government duties. Three departments, the State, Treasury and War, were
created by the first Congress, in 1789. By the same Congress was created
the office of Attorney-General of the United States, who, together with
the Secretaries of the three departments, constituted President
Washington's first cabinet. The Navy Department was added in 1798. Prior
to that date, naval affairs had been managed by the War Department. A
Post Office for the colonies was established by the Postal Act of Queen
Anne's reign. The Post Office Department under the present government
was established in 1789, but the Postmaster-General did not become a
Cabinet officer until 1829. The Interior Department was created in 1849
by grouping together in one department several branches of the
government service, which had formerly been distributed among the other
departments. As early as 1839 the Patent Office, under the Interior
Department, was intrusted with various duties concerning the
agricultural interests of the country, among the chief of which was the
distribution of seeds. In 1862 a separate Department of Agriculture was
established, and these duties transferred to it. In 1889 the head of the
Department became Secretary of the Department of Agriculture and a
Cabinet officer. A Bureau of Labor under the Interior Department was
created in 1884. In 1888 Congress constituted it a separate department,
but did not make its head a Secretary, and therefore not a Cabinet
officer.
The heads of the first eight of these departments together form a
council of eight, called the "Cabinet," whose duty it is, in addition to
the management of the departments, to advise the President on matters of
importance. For this purpose regular meetings are held, at which the
affairs of government are discussed, and lines of action decided upon.
The cabinet is neither the creation of the constitution, nor strictly of
law. The existence of a cabinet, however, was always taken for granted
in the discussion and formation of the constitution. It is a creation of
custom and has no powers other than of advice and counsel to the
President. The growth of executive and administrative business is not
fully indicated by the increase in the number of departments. The growth
within each department has been much greater. Separate bureaus and
divisions have been created, which in some cases are, for all practical
purposes, as independent and important as the departments themselves.
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