Government and Administration of the United States Part 6

The cases decided by the Supreme Court are then of two cla.s.ses: (1) those over which it has original jurisdiction, (see Const.i.tution); i.e., those cases which originate or begin in that court; and (2) those cases over which it has appellate jurisdiction, i.e., those cases which come thither by appeal from the lower Circuit Courts, and which form the larger part of its work, and also by appeal from the highest State courts in cases involving certain Federal questions. The District of Columbia being directly governed by the United States, its courts are Federal courts, and hence, cases may be appealed from such courts to the Supreme Court; likewise for the same reason appeals may be had to the Supreme Court from the territorial courts.

We must remember that these courts deal only with Federal questions arising under United States laws, and, that besides these courts, all of the States have their own judicial systems of courts to interpret state laws and to try the great majority of cases. These courts are entirely separate from the United States courts, and with different judges, though cases may begin in them and be transferred to the United States Courts, if the interpretation of a Federal law is brought into question.

There are four grades of law in the United States. First and highest is the United States Const.i.tution; second, United States laws, or statutes as they are called, pa.s.sed by Congress; third, State const.i.tutions; and fourth, State laws, pa.s.sed by the State legislatures. In case of conflict of laws the lower must yield to the higher.

For the purpose of settling claims of private persons against the United States, there has been established at Washington a Court of Claims, held by five judges. From it appeals lie, in some cases, to the Supreme Court, and, in others, they are referred to Congress for action.

CHAPTER XII.

The Ordinance for the Government of the Northwest Territory.

When the colonies joined in union under the Articles of Confederation, in 1781, they ceded to the General government their claims to unoccupied western territory. The largest land grant was that by the State of Virginia, which occupied that part of the United States lying north of the Ohio River and east of the Mississippi River.

The problem of management of public lands was thus early presented to our Federal Government for solution. The manner in which Congress dealt with this question has proven eminently wise and successful, and has been largely influential in making the United States the nation that it is to-day. The feature that has characterized the plan followed from the beginning, and which still obtains, is the formation of States from such territory as soon as there is sufficient population. Such States have similar forms and powers of government as the original States, are on an equal footing with them, and are bound by the Const.i.tution of the United States. Congress has absolute control of the Territories. (For Territorial government see Article on Territories.)

The ordinance which the Continental Congress adopted in 1787 for the government of the Northwest Territory is of great importance: it provides for the establishment of our territorial system; it contains many of those features of management which have been used from that date until now; and it is also of interest because of the influence it has had upon the history of slavery in our country.

This ordinance provided that the whole of this territory should form one district. At first Congress appointed the governor, secretary, judges, and military generals. The governor was to make the laws, subject to the approval of Congress. When the population reached five thousand the inhabitants were to have a legislature of their own, and to have a delegate who should sit in Congress, but have no vote. There was a bill of rights. Public education was encouraged. Not less than three nor more than five States were to be formed from it. Ohio, Indiana, Illinois, Michigan, and Wisconsin have been the five States formed from this territory. The transformation of the territory into States was promised as soon as the population should reach sixty thousand.

Slavery was forever prohibited in all this territory. We shall see the tremendous importance of this clause, which guaranteed to this large tract freedom from the curse of slavery, when we come to consider the struggles which were made for many years to keep slavery from the territories.

CHAPTER XIII.

Government of the Territories.

There are at present four areas, situated outside of the States, and organized under territorial governments. These are Utah, Arizona, New Mexico and Oklahoma. Besides these there are the two unorganized territories, Indian Territory, and Alaska, and the District of Columbia, which last tract contains sixty-four square miles.

_#Government of Territories.#_--The fundamental law of a Territory is the Federal Const.i.tution, just as in a State. Unlike the State, however, it has no const.i.tution of its own, but is regulated entirely by Congress. In Section 3, Article IV, of the Const.i.tution, it is declared that "Congress shall have power to dispose of and make all needful regulations respecting the territory or other property belonging to the United States." In pursuance of this clause Congress has in the four organized Territories inst.i.tuted governments as follows: The executive of the Territory is a Governor appointed by the President for a four years' term. There is also a secretary and treasurer. The legislature consists of two houses, a council of 12, and a House of Representatives of 24. These are elected by the people of the Territories, and have a term of two years. The Legislature meets every other year. All its acts require approval by Congress before becoming law.

The judiciary consists of three or more judges appointed by the President, together with a district attorney and United States marshal.

Territories send neither Senators nor Representatives to Congress, but have one delegate apiece in the United States House of Representatives, who may speak, but not vote.

_#Admission of a Territory as a State.#_--A Territory is an embryo State. As soon as a Territory becomes sufficiently populated it applies for admission into the Union as a State, and such admission is accomplished in the following manner. When an application by a Territory for Statehood is made, it is considered by Congress, and, if approved, the inhabitants of the Territory are authorized to form for themselves out of such Territory a State government, and thus prepare themselves for admission into the Union.

A State government is formed as follows: The Governor of the Territory issues a proclamation declaring that on a certain date there shall be an election of delegates to a convention; such convention is to be held on a certain date. These delegates are elected by a popular vote. The members of the convention thus formed declare that they, on behalf of the people of the Territory, adopt the Const.i.tution of the United States, and then proceed to draft a State const.i.tution and government.

It is provided that this const.i.tution shall be Republican in form, and make no distinction in civil and political rights on account of race or color, except for Indians not taxed: that it shall not be repugnant to the Const.i.tution of the United States and the principles of the Declaration of Independence. Perfect religious toleration must be guaranteed, all right or t.i.tle to the unappropriated public lands lying within the Territory must be disclaimed and given over to the United States. Provision must be made by the const.i.tution for the establishment and maintenance of the system of public schools.

After adoption by the convention the const.i.tution is offered to the people for ratification. If it is ratified, the Governor certifies the fact to the President of the United States. Provided the const.i.tution is found to comply with all the conditions just mentioned, the President issues his proclamation declaring the ratification of the const.i.tution, and upon the same day that the proclamation is issued the territory is deemed admitted by Congress into the Union as a State, on an equal footing with the original States, and ent.i.tled to representation in both houses of the Federal Congress. The representatives and the Governor and other State officers are elected on the same day as that upon which the const.i.tution is ratified by the people.

CHAPTER XIV.

State Governments.

The United States is a nation of forty-four federated States. Each State has its own separate government, which is sovereign, except as to a few powers which have been granted to the United States government for general purposes. Citizens of States are also citizens of the United States, and thus owe a double allegiance, namely, to the State in which they reside and to the United States.

These States vary in size from that of Texas, the largest, with an area of 265,780 square miles, to that of Rhode Island, the smallest, with 1,250; and in population from that of New York, with nearly six millions, to that of Nevada, with about forty-five thousand. The largest State is greater than either France or the German Empire.

State governments are older than the Federal government, for it was by a grant by the States of certain of their powers that the United States government was created. Each State is represented in Congress by two members in the Senate. Members of the lower branch of the Federal legislature are apportioned among the States according to population. As in the case of the United States, the powers of government are divided among three departments--the executive, legislative, and judicial.

In the United States Const.i.tution it is expressly declared that "the powers not granted to the United States by the Const.i.tution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It would require considerable s.p.a.ce to enumerate the duties of State governments. With the exception of the few acts which the const.i.tution forbids them to perform, most of which they would not care to perform if allowed, and the few general powers coming within the province of the Federal Government, the States can do whatever their legislatures sanction. They can go to the extremes of State socialism.

All States have a complete judicial system. They regulate all legal relations of their citizens, the laws of husband and wife, princ.i.p.al and agent, and of contract. They provide for the detection and punishment of crime. They control and mainly support the militia of the county.

Railroad, banking, insurance, and other corporations, are chartered and controlled by them. The construction and maintenance of roads, the care of the public health, the inspection of factories, the determination of the right of suffrage, and the control of its own elections are among the exclusive powers of State governments. Our extensive system of public schools are under the dual management of the State and local governments, and under the superintendence of State officers. The State takes care of the defective cla.s.ses, of the insane, paupers, etc.; and, in general, performs all those ordinary duties concerning internal affairs which are exercised by central governments.

Each State government has--

1. A Const.i.tution.

2. A Legislature of two Houses.

3. An executive, composed of a Governor, Lieutenant-Governor (in almost all cases), Secretary of State, Auditor, and a few other officers.

4. A system of local government in counties, towns, cities, etc.

5. A body of State laws.

6. A judicial system of courts, from which no appeal can be had to United States courts, except upon Federal questions.

7. A system of local taxation.

Each State government has all the rights usually pertaining to a sovereign State, except--Those powers which the Federal Const.i.tution expressly forbids to the States.

3. Those powers which have in the Const.i.tution been exclusively given to the United States.

All States have public debts, which they may, and sometimes do, repudiate. They can be sued only by other States. The Eleventh Amendment declared that a citizen could not maintain a suit against a State. State laws are binding only within the boundaries of the State enacting them.

_#State Const.i.tutions.#_--As the Federal Const.i.tution is the supreme law of the United States, so the State const.i.tution is the highest law of the States. The Const.i.tutions of the original thirteen States were naturally formed after the model of the charters enjoyed by the New England colonies. In the colonies of Rhode Island, Connecticut, and Ma.s.sachusetts their charters were adopted as const.i.tutions without any change, except, of course, the annulment of obedience to the English king. All subsequent const.i.tutions have been closely modeled after these first thirteen. The Federal Const.i.tution provides that all State const.i.tutions must be Republican in form. (For other conditions of admission of territories as States, see subject "Territories.") The modes of amendment of const.i.tutions differ in different States, but in all, amendment is much easier of accomplishment than in the case of the Federal Const.i.tution. This is shown by the fact that since 1776 there have been adopted by the States one hundred and five complete const.i.tutions, and two hundred and fourteen partial amendments; while, since the pa.s.sage of the first ten Federal amendments in 1789, there have been but five additional amendments. Some States provide that the const.i.tution shall be submitted to the people for amendment at the end of certain intervals of time. In the larger number of cases a majority of the popular vote is required for ratification of a const.i.tutional amendment. State const.i.tutions show a tendency to become longer, and to regulate a constantly increasing number of subjects.

A normal State const.i.tution has the following provisions:

1. A definition of the State boundaries.

2. A bill of rights (guaranteeing private rights, such as freedom of the press and speech, trial by jury in criminal cases, right to a.s.semble and pet.i.tion, etc.).

3. A frame of government, an enumeration of officers and powers of legislature, executive, courts of justice, etc.

4. Miscellaneous provisions, relating to administration of schools, militia, taxation, debts, local government, corporations, amendments, etc.

_#State Legislatures.#_--The legislature in all States consists of two Houses, of which the upper and smaller branch is called the Senate, and the lower and more numerous branch usually the House of Representatives, though in six States it is termed the a.s.sembly, and in three the House of Delegates. The members of both houses are elected by popular vote, but Senators usually for a longer time, and frequently higher qualifications for them are required. States are divided into districts for election purposes, and, though members of the legislature may offer themselves for election from any district, it has become the invariable custom for them to be elected only from the districts in which they reside. Universal manhood suffrage, that is, the right of all male citizens over 21 years of age to vote, is the rule, though in eight States paupers have no vote, and in a few, a certain amount of education is required (generally enough to read the State const.i.tution). The number of members in the State legislatures varies greatly. In the Senate, Delaware has the smallest number (9), and Illinois the largest (51). In the lower House, Delaware has likewise the smallest number (21), while New Hampshire has the greatest (321).