Government and Administration of the United States Part 11

FINIS.

NOTES.

For the a.s.sistance of those who may desire a fuller acquaintance with the administrative methods of our Federal and State Governments than is to be obtained from this book, these bibliographical notes are appended.

Not only the authorities actually consulted in the preparation of this monograph are given, but mention is also made of the most reliable and accessible sources of information upon the more important topics germane to the study of Government and Administration. In arrangement, the notes follow the order of topics used in the text.

General Works upon United States Government.

Worthy of first mention is the admirable work of James Bryce, _The American Commonwealth_, 2 vols., 1888. To the student of American inst.i.tutions and administration these two volumes are indispensable. In them is contained the best and latest scientific exposition of our political inst.i.tutions as they exist to-day. The only criticism that can be made regarding the work is that the executive departments have not received sufficient attention as regards the details of their administration, nor the practical and scientific value of the work performed by their numerous bureaus. Interesting from an historical point of view is De Tocqueville's _Democracy in America_, now fifty years old. Lalor's _Encyclopaedia of Political Science, Political Economy and American History_ is by far the best work for reference. The princ.i.p.al articles in the field of political science are contributed by Dr. J.C. Bluntschli, those upon United States History by the late Prof.

Alexander Johnston, and those upon Federal Administration by A.R.

Spofford, Librarian of Congress.

Bannatyne's _Hand-book of Republican Inst.i.tutions in the United States_ is an authoritative work based upon federal and state laws, and other authoritative sources of information. It is entirely descriptive and very complete. Other general works are Mulford's _The Nation: the Foundation of Civil Order and Political Life in the United States_; Laboulaye's _Histoire Politique des Etats-Unis,_ 3 vols.; and Lamphere's _The United States Government: Its Organization and Practical Workings_, this last being chiefly valuable for its statistical and tabulated information.

Among foreign works that consider the theory and practice of the United States Government, are Bagehot's _English Const.i.tution_; Sir Henry Maine's chapter on the _Const.i.tution of the United States_ in his _Popular Government_; E.A. Freeman's article _Presidential Government_ contained in his _Historical Essays_ (1871); Lord Brougham's chapter on the _Government of the United States_ in his _Political Philosophy_, Vol. 3; and E. Boutmy's _Etudes de droit Const.i.tutionel._ For current political information McPherson's _Hand-book of Politics_, issued every two years since 1870, is valuable. Besides statistical information regarding government revenues and expenditures, public debts, votes, population, names of congressmen, &c.; these hand-books contain Presidential and Gubernatorial messages, transcripts from the _Congressional Record_ relating to leading matters discussed in Congress; and decisions of the Supreme Court that are of general importance. _The Statesman's Year-Book_, published annually by Macmillan & Co., is valuable for reference in matters concerning both foreign and American governments. Bibliographical references are also given to each existing government.

John Fiske's recent volume on _Civil Government in the United States_, stands in merit far above other manuals bearing this name, most of which are simply running commentaries on the const.i.tution. An excellent feature of Mr. Fiske's book is the addition of bibliographical notes at the ends of the chapters.

The following are manuals that may be recommended as of comparative merit: Macy, _Our Government: How it Grew, What it Does, and How it Does it_; c.o.c.ker's _Civil Government_; Thorpe's _Government of the People of the United States_; Martin's _Civil Government_, and Ford's _American Citizens' Manual_.

The most complete collection of bibliographical references to the Const.i.tution of the United States is that prepared by W.E. Foster, and published as _Economic Tract_ No. xxix, by the "Society for Political Education," New York.

Government.

Dr. J.C. Bluntschli's _Lehre vom Modernen Stat_, in three volumes, gives the finest treatment of the various forms and general principles of governments. A portion of Dr. Bluntschli's work has been translated into English and published under the t.i.tle _The Theory of the State_. There is also a French translation of this work. Other authorities under this head are: Bluntschli's _Staatsworterbuch_; Woolsey's _Political Science, or the State Theoretically and Practically Considered_; and Montesquieu's _De l'Esprit des Lois_. Interesting from an historical point of view, are the theories contained in the works of political philosophers in the past. See Plato's _Republic_; Aristotle's _Politics_, Cicero's _De Republica_; Thomas Aquinas' _Of the Government of Principles;_ Dante's _De Monarchia_; Machiavelli's _Prince_; Jean Bodin's _Of the Commonwealth_; Hobbes' _Leviathan_; Filmer's _Patriarcha_; Hooker's _Ecclesiastical Polity_; Locke's _Civil Government_; J.J. Rousseau's _Social Contract_; Bentham's _Fragment on Government_; J.S. Mills' _Representative Government_.

Pollock's _History of the Science of Politics_, published in the "Humboldt Library," contains an admirable summary of the views of these political philosophers.

The works of several of these authors (Hobbes, Hooker, Locke, Filmer, Machiavelli) are contained in "Morley's Universal Library," published by Routledge at one shilling per volume.

For theories regarding the origin and development of government, see Maine's _Ancient Law, Early History of Inst.i.tutions_, and _Early Law and Custom_; Spencer's _Principles of Sociology_, Vol. I; Morgan's _Ancient Society_; McLennan's _Studies in Ancient History_, and _The Patriarchal Theory_; and Bagehot's _Physics and Politics_, published in the Humbolt Library. The contract theory of government is presented in various forms in the works of Hobbes, Hooker, Locke and Rousseau.

Functions of Government.

The proper limits of state action are discussed in Mill's _Essay on Liberty_; Huxley's _Administrative Nihilism_ (Humboldt Lib.); Spencer's _Social Statics, Man versus the State, The Coming Slavery_, and _The Sins of Legislators_ (Humboldt Lib.); Stephen's _Liberty, Equality, Fraternity_; Humboldt's _Sphere and Duties of Government_; and H.C.

Adams' _State in Relation to Industrial Action_, published by the American Economic a.s.sociation. Wilson's _The State_ contains a valuable chapter upon the functions of government. For a description of existing forms of government, Prof. Woodrow Wilson's _The State_ is very valuable. See also _Statesmen's Year Books_.

Colonial Governments.

Volumes III, IV, and V of Winsor's _Narrative and Critical History of America_, 8 vols., contain excellent monographs upon the founding, history and nature of government of the various colonies. Doyle's two volumes, ent.i.tled _The English Colonies in America_, present an exhaustive study of the American colonies from an European point of view. A handy digest of this work is contained in his small _History of the United States_, published as one of the volumes in "Freeman's Historical Course for Schools." Lodge's _Short History of the English Colonies in America_ is chiefly devoted to colonial social life. In the preparation of the chapter upon Colonial Governments, we have obtained the most a.s.sistance from the first volume of Story's _Commentaries upon the Const.i.tution_. Pages 15 to 50 of Hannis Taylor's _Origin and Growth of the English Const.i.tution_ are important. Fiske's _Beginnings of New England_ is an extremely interesting description of the early history of a single section. Steps Toward Union and Independence.

See especially Story's _Commentaries_; Frothingham's _Rise of the Republic of the United States_; Scott's _Development of Const.i.tutional Liberty in the English Colonies in America_; Fiske's _Critical Period of American History_; and A.B. Hart's _Formation of the Union_, 1763-1829, to appear in the series, "Epochs of American History." For the Albany plan of union see Franklin's _Life and Letters_, Vol. 4. For an account of the causes leading to revolution written from an essentially English standpoint, see Lecky's _History of England in the Eighteenth Century_, Vol. IV.

Articles of Confederation.

Best upon this subject are: Curtis' _History of the Const.i.tution_; Marshall's _Life of Washington_; Bancroft's _History of the United States_; and Winsor's _Narrative and Critical History of America_, Vol.

VII, article _The Confederation_ by the Editor. See also _Secret Journals of Congress_, and authorities cited above.

Const.i.tutional Convention and the Adoption of the Const.i.tution.

See authorities cited above, and J.A. Jameson's _Treatise on Const.i.tutional Conventions_. The official sources of information are: the meagre _Journal, Acts, and Proceedings of the Convention_; and Elliot's _Debates in the Several State Conventions on the Adoption of the Federal Const.i.tution_, * * * * _together with the Journal of the Federal Convention_, the last volume of which contains Madison's notes of _Debates in the Federal Convention_, frequently called _The Madison Papers_.

The Const.i.tution.

The number of valuable works concerned more or less directly with a study of the Const.i.tution is very great. Only a very few can be mentioned. A very complete list of references to the Const.i.tution, is that by W.E. Foster, already referred to. The leading works upon Const.i.tutional Law are Cooley's _General Principles of Const.i.tutional Law_, and _Const.i.tutional Limitations_; Von Holst's, Hare's and Pomeroy's treatises on Const.i.tutional Law. Story's _Commentaries on the Const.i.tution_ are invaluable. The character and value of _The Federalist_ have been noticed in the text (p. 25). On Const.i.tutional Amendments, see Johnston's article on _Amendments_ in Lalor's _Encyclopaedia_. Concerning Const.i.tutional developments, due to judicial construction, see Willoughby's _Supreme Court of the United States: its History and Influence in our Const.i.tutional System_, published in the Johns Hopkins Studies, Extra Vol. VII; and _The Const.i.tutional History of the United States as Seen in the Development of American Law_, by Judge Cooley and others, edited by H.W. Rogers. _The Unwritten Const.i.tution of the United States,_ is the t.i.tle of a very recent book by C.G. Tiedeman.

For const.i.tutional development due to war experiences, see Dunning's _United States in Civil War and in Reconstruction_. W.E. Foster has in press a pamphlet of references on _The United States Const.i.tution in Civil War_.

On Federal Government, see Jellinek's _Die Lehre von den Staatenverbindungen_; and Hart's _Introduction to the Study of Federal Government_, Harvard Historical Monographs, No. 2. Besides giving an outline of the political history of the successive federations in the world's history, with an account of the literature upon each, Mr. Hart's monograph contains a very excellent bibliographical note on Federal Government in general, and the United States Const.i.tution in particular.

The laws of the United States are known as _United States Statutes at Large_. In 1878 was published a large volume containing all Federal laws in force in 1874. In 1881 was published a Supplement (known as _Richardson's Supplement_) containing congressional legislation during the years 1874--1881.

Congressional Government.

The official reports of the debates of Congress have been published under the following t.i.tles: _Annals of Congress_ (1789--1823), _Congressional Debates_ (1824-1837), _Congressional Globe_ (1833-1873), _Congressional Record_ (1873 to the present time). Benton's _Abridgment of Debates_ in 16 volumes covers the period 1789 to 1850.

McPherson's _Handbook of Politics_, already cited, contains accounts of the more important debates in Congress. Printed copies of bills and reports of committees can be obtained upon application. For the best descriptions of the practical working of Congress, see Bryce's _American Commonwealth_, and Woodrow Wilson's _Congressional Government_. In both of these works our committee method of congressional legislation is compared with the English method of Parliamentary legislation under the leadership of a responsible ministry. The conclusions obtained from this comparison by the latter author, are especially unfavorable to the United States. Other references to works comparing English and American methods of legislation, are Snow's _Defence of Congressional Government_, published in the papers of the American Historical a.s.sociation, Vol. IV; A.L. Lowell's _Essays on Government_; Bagehot's _English Const.i.tution_; Bourinot's article, _Canada and the United States, Scottish Review_, July, 1890, and Annals of the American Academy of Social Science, No. I; and an article by Hon. Joseph Chamberlain, _Shall We Americanize Our Inst.i.tutions?_ Nineteenth Century, December, 1890. _The Congressional Directory_, published annually, contains much handy information regarding the const.i.tution and officers of Congress, and of the various federal departments at Washington. For an account of the work done during the last session (1889-90), see _North American Review_, November, 1890. Regarding the recent controversy on the power of the Speaker of the House of Representatives to count as present members in the hall, but not answering to the roll-call, see the _North American Review_ for October, 1889; the Nos. for March, May, July, August and October, 1890, also contain interesting articles on the same subject.

Executive Departments.

Of especial and authoritative value is the report of a select committee of the Senate to _Enquire into and Examine the Methods of Business and Work in the Executive Departments_, in 3 vols., known as c.o.c.krell's Report, or Senate Report 507, 50th Cong., 1st Sess., and also a supplementary report in one volume, dated March 28, 1889. For other official sources of information, see the annual reports of the various departments, and of the individual bureaus. See also special reports mentioned in the text. On diplomatic relations, see the annual report of the Secretary of State _On Foreign Relations_, and _Treaties and Conventions between the United States and Other Powers_ (1776-1887), published by the same department. The _Consular Reports_, issued from time to time by the State Department, are of value as furnishing economic information regarding foreign countries. The reports of the Secretary of the Treasury are of extreme statistical and financial value. For handy use the _Statistical Abstract_ is issued annually by the Treasury Department. The reports published by the Department of State, of the _International Conferences of 1878_, and of _1881_, and that of Edward Atkinson on _The Present Status of Bimetalism in Europe_ (1887), are of especial value upon monetary topics. In 1886 the Treasury Department issued a volume of _Laws Relating to Loans, and the Currency, Coinage and Banking_. Besides his annual report the Director of the Mint publishes annually a report on the _Production of Gold and Silver in the United States_. For an account of the Sub-Treasury system, see Bolle's _Financial History of the United States_. Concerning the evils of this system, see an article by Prof. J.L. Laughlin in the _North American Review_, Vol. 137, p. 552.

Regarding the Silver Question and other important public questions coming within the province of the Treasury Department, information can be derived from recent periodicals. Poole's _Index to Periodical Literature_ should also be consulted. An interesting account of the Pension Office is contained in the _Atlantic Monthly_, January, 1890.

Regarding the Interstate Commerce Commission, see the book by Don Pa.s.ses in Putnam's "Questions of the Day" series. See also Political Science Quarterly, Vol. II, pp. 223 and 369.

The Eleventh Census is now being compiled, and Bulletins are issued from time to time by the superintendent. Postmaster-General Wanamaker has recently issued a pamphlet in support of a _Limited Post and Telegraph_.

Concerning the const.i.tutional powers possessed by executive officers, see A. Conkling's _Powers of the Executive Departments_; de Chambrun's _The Executive Power,_ and chapter VII of Willoughby's _Supreme Court of the United States_. The _Official Register of the United States_, issued annually in two large volumes, contains the names and positions of all persons in federal employment. The second volume is devoted exclusively to the Postal Service. Very many of the government reports mentioned in this note will be sent to any address upon application.

_A descriptive catalogue of all government publications_ arranged in chronological order, from 1774 to 1881, was prepared by B.P. Poore and published by the government.

Federal Judiciary.

Among the treatises upon the practical working of the Federal Judiciary are: B.R. Curtis' _Federal Courts_; Bryce's _American Commonwealth_; and Willoughby's _Supreme Court of the United States_, already referred to.

For an excellent description of the relations between the Federal and State courts, see Chamberlain's lecture published in _The Const.i.tutional History of the United States as seen in the Development of its Law_. The reports of decisions of cases tried in the Supreme Court are contained in one hundred and thirty-three volumes. Until 1875, these volumes were known by the names of the reporters, viz.: Dallas, Cranch, Wheaton, Peters, Howard, Black, and Wallace. Since 1875 they have been designated simply as _United States Reports_.