Our Government: Local, State, and National: Idaho Edition Part 12

13. Life at West Point, Rev. of R's, 26:45-53.

14. What was the character of our navy prior to 1883? Harrison, This Country of Ours, 251-255.

15. The new American navy, Outlook, 73:323-337.

16. Comparison of the strength of our navy with that of other nations, Rev. of R's, 25:561-570; 39:347.

17. What special problem was connected with the location of the capital?

How was it finally settled? Hart, Contemporaries, III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; World's Work, 1:191-195.

18. The development of Washington during the past one hundred years is discussed in Rev. of R's, 22:675-686; Forum, 30:545-554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 724-756; Cosmop., 30:109-120.

19. Proposed improvements in Washington, Cent. Mag., 63:621-628, 747-759.

20. For the influence of the doctrine of implied powers, see:--

(a) Internal improvements, Hart, Contemporaries, III, 436-440; Walker, The Making of the Nation, 204, 205, 262, 363; Hart, Formation of the Union, 227-229, 353-355.

(b) The United States Bank, Hart, Contemporaries, III, 446-450; Hart, Formation of the Union, 150-151, 226-227; Walker, The Making of the Nation, 82-83.

(c) The annexation of territory, Hart, Contemporaries, III, 373-376; Walker, The Making of the Nation, 177-184; Hart, The Formation of the Union, 188.

(d) Legal-tender cases, Wilson, Division and Reunion, 280-281.

21. For further questions on this chapter, consult Government in State and Nation, 206, 207.

CHAPTER XII.

POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES.

While restrictions on Congressional powers are found elsewhere in the Const.i.tution, Section 9 of Article I seems to have been framed especially for this purpose.[36]

[Footnote 36: Clause 1 of this article formed an important part of the third great compromise, which was discussed on p. 43.]

Writ of Habeas Corpus.--Clause 2 provides: _The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it._

A writ of _habeas corpus_ is a writ granted by a court, commanding an officer to produce before it a prisoner, in order that the court may inquire into the cause of his imprisonment or detention. If, after such inquiry, it is found that the person is detained for insufficient cause, he is granted his freedom.

President Lincoln and the Writ of Habeas Corpus.--President Lincoln, as a military necessity, in 1861, suspended the privilege of the writ over a limited area, const.i.tuting a large part of the State of Maryland. The Supreme Court, however, declared his order non-effective, maintaining that the right of suspending the writ of _habeas corpus_ lay with Congress, though it might be granted to the President. This attempt on the part of the Supreme Court to restrain Mr. Lincoln was a failure, and shows that even the highest of our tribunals may not have its usual power in time of war. It was not until March 3, 1863, that Congress made the decree of President Lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it. In September of that year he declared the suspension general throughout the country.

Ex Post Facto Laws.--Clause 3. _No bill of attainder or ex post facto laws shall be pa.s.sed._

An ex post facto law, as defined by the Supreme Court, is a "law which renders an act punishable in a manner in which it was not punishable when it was committed." It applies to acts of a criminal nature only.[37]

[Footnote 37: Clause 4 is discussed under National Finances, p. 84.]

Care of Public Money.--Clause 7. _No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time._

It is proper in a government such as ours that the control of the public money should be lodged with the representatives of the people. Through the annual report of the Secretary of the Treasury, the people may know from what sources our revenues are derived and for what purposes the money is expended.

t.i.tles of n.o.bility and Gifts.--Clause 8. _No t.i.tle of n.o.bility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or t.i.tle of any kind whatever from any king, prince, or foreign state._

According to the wording of the clause, Congress may allow gifts, of the kind mentioned, to be accepted by our National officials. Usually, however, such gifts pa.s.s into the keeping of government.

Powers Denied the States.--We recall the power of the States and weakness of the general government under the Articles of Confederation.

It was plain to the members of the Const.i.tutional Convention that hopeless confusion would arise if the States should also be given the right to coin money, pa.s.s ex post facto laws, etc. Therefore, certain prohibitions were made on the powers of the States. In Section 10, Clause 1, we note that these prohibitions are absolute, as:--

_No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal, coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pa.s.s any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any t.i.tle of n.o.bility._[38]

[Footnote 38: In the celebrated Dartmouth College case, it was finally determined that a State legislature may not modify the terms of a contract. See Life of John Marshall, by Magruder, "American Statesmen,"

new ed., 188-190.]

In Section 10, Clauses 2 and 3, the prohibitions are only conditional; thus:--

_No State shall, without the consent of the Congress, lay any impost or duties on imports or exports except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay._

More Complete Protection of Personal Rights.--By a careful reading of Sections 9 and 10, it is seen that some of the rights of the individual are guarded against encroachment on the part of government, either National or State. But the people felt that there were other personal rights which needed protection. They were familiar with the bills of rights in their own State const.i.tutions. That the National Const.i.tution did not also contain a bill of rights was, as we have seen, one of the chief arguments made against its adoption in the State conventions.

The First Ten Amendments.--A large number of propositions, therefore, were submitted to the first Congress by the States. Seventeen of these were selected by the House of Representatives, and proposed as amendments to the Const.i.tution. Twelve of these were acceptable to the Senate also, and ten were ratified by the required three-fourths of the State legislatures. We call them the first ten amendments to the Const.i.tution. If we read these amendments, we shall find that really they are a bill of rights, for the preservation or protection of rights of the people is expressed in all.[39]

[Footnote 39: See Appendix A.]

CHAPTER XIII.

THE EXECUTIVE DEPARTMENT.

The President and His Election.--We have seen that the one great weakness of the government under the confederation was that there existed no adequate executive. After much discussion in the convention, the fear of a despot at the head of affairs gave place to the desire to secure executive energy and responsibility. To-day the President is the most notable personage among all our officials. Mr. Bryce calls the Presidential office the greatest office in the world unless we except the papacy. In the Executive Department the President's power is practically absolute. He may appoint and remove, either directly or indirectly, all officials of the department, and they are finally responsible to him in the performance of their duties. His control of international relations and his influence on legislation are, as we shall see, extensive.

Length of Term.--Article II, Section 1, Clause 1. _The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:_--

Method of Election.--How shall the President be chosen? This problem is said to have taken one-seventh of the entire time of the convention. While there were those who believed that election by the people would be wise, still this sentiment was not general. It was thought that a choice in this way would cause great "tumult and disorder." Besides, it was urged that the people would not be sufficiently acquainted with the men who have the necessary qualifications for such high office. For a special investigation of this sort, they agreed that it would be best to select a small number of persons who would be most likely to possess the required information and discernment. The appointment of these independent electors was provided for as follows:--

Appointment of Electors.--Section 1, Clause 2. _Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be ent.i.tled in the Congress; but no senator or representative or person holding an office of trust or profit under the United States, shall be appointed an elector._

Article II, Section 1, Clause 3. _The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States._