Studies in Civics Part 62

HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]

Framing a Bill.--A bill is a proposed law. The framing or drawing up of a bill may be done by any person. For instance, a citizen desiring legislation on any matter may formulate a bill for consideration by the legislature. But many requests for legislation come in the form of pet.i.tions, in which case the member to whom the matter is committed by the pet.i.tioners usually frames the bill. Many bills originate in committee, some of them as subst.i.tutes.

Bringing in.--At the time set in the daily order of business for introducing bills, the member announces his bill by t.i.tle, which should indicate the matter considered therein, and sends it to the clerk's desk.

First Reading.--No bill can pa.s.s without at least three readings. When a bill is first presented, the clerk reads it at the table, and hands it to the speaker, who, rising, states to the house the t.i.tle of the bill, and that this is the first reading of it.

Commitment.--Unless objection is made, the bill, if not one which has been formulated by a committee, is then referred for careful consideration to a committee, standing or special. The number of subjects coming before a legislative body is too great to permit the initial consideration of each by the whole body. It is a note-worthy fact that our lawmaking is virtually committee legislation. All bills for appropriating money shall before pa.s.sage be referred to the finance committee.

Second Reading.--When reported favorably by the committee, with amendments, such amendments must be read in full, and if they are adopted the bill pa.s.ses to its second reading, which is by t.i.tle only. If the bill is of a general nature, it is printed and placed on the General Orders or list of bills ready for consideration by the committee of the whole.

Committee of the Whole.-This consists of the entire membership of the house. Its work is to perfect bills before they come up for final pa.s.sage.

To this end great freedom of debate is permitted. This is the last opportunity to offer amendments, except by unanimous consent. When the house resolves itself into committee, the regular presiding officer leaves the chair after designating a member to act as chairman. When the committee rises, the presiding officer resumes the chair and the chairman of the committee reports its action. Bills reported favorably are engrossed, that is, rewritten neatly as amended, and are placed on the Calendar, or list of bills ready for third reading.

Third Reading.--This is in full, and the question is on the pa.s.sage of the bill. If pa.s.sed the bill is sent to the other house, with the announcement that it has pa.s.sed the first house.

Action in other House.--The bill is treated in the other house as in the first. If pa.s.sed, it is returned similarly to the house in which it originated. If pa.s.sed with amendments, these are considered. ENROLLMENT.-- When it has pa.s.sed both houses, the bill is plainly and accurately written on parchment, under supervision of the committee on enrolled bills.

SIGNING.--The enrolled bill is signed by the presiding officer of each house, and, if he approves it, by the executive.

DISPOSITION.--The bill is then carried by the executive to the secretary of state, who deposits it among the archives. Copies are made for publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]

APPENDIX D.--SOME PRINCIPLES OF INTERNATIONAL LAW.

Nature and Origin.--A savage meeting in the forest a person whom he has never seen before is apt to look upon him as a foe. As civilization increases, danger to one's personal rights decreases, and stranger ceases to mean enemy. It has gradually come about that the confidence and courtesy shown to one another by men in their individual relations have extended to the relations of states. Morality, reason, and custom have established among the nations certain rules of conduct with respect to one another. The rules const.i.tute what is called international law.

As might be guessed, international law is a matter of comparatively recent origin, and exists only among the most highly civilized nations. Not being the enactment of any general legislative body, having no courts competent to pa.s.s upon it nor executive to enforce its provisions, this law must be framed by agreement, and its carrying out must rest upon national good faith.

PEACE RELATIONS.

The great purpose of international law being to preserve peace by removing the causes of war, we shall first consider some of the arrangements operative in times of peace.

Non-interference.--Among individuals it is found that, as a rule, it is best for each person to mind his own business. Similarly, among nations non-interference by one with the internal affairs of another is a cardinal principle. It is, therefore, a general rule that a people may adopt such form of government as they choose, and that whenever they wish they may amend or entirely alter it. [Footnote: A change in the form of government does not release the nation from prior obligations.] And the government formed has a right to operate without dictation from other powers. Nor has any foreign nation a right to inquire _how_ the government has come into being; sufficient that it _is_ the government.

This right of a nation to manage its own affairs is called _sovereignty_.

It belongs to a small independent nation as completely as to a large one.

The act of one government in acknowledging the validity and sovereignty of another is called _recognizing_ it. (See page 349, last paragraph.)

It is sometimes a delicate question to determine whether to recognize a community as a nation or not. Thus, if a dependency is seeking to become independent, our personal sympathies are naturally with it, and yet it might be contrary to the law of nations, an "unfriendly act" to the sovereign power, for our government to recognize its independence. During the struggle of the Spanish-American colonies for separate political existence, John Quincy Adams, then (1822) secretary of state, formulated the proper rule of action thus: "In every question relating to the independence of a nation two principles are involved, one of right and the other of fact, the former exclusively depending upon the determination of the nation itself, and the latter resulting from the successful execution of that determination ... The government of the United States yielded to an obligation of duty of the highest order by recognizing as independent states nations which, after deliberately a.s.serting their right to that character, have maintained and established it against all the resistance which had been or could be brought to oppose it. This recognition is ...

the mere acknowledgment of existing facts." [Footnote: Wharton's International Law Digest, Volume I., page 162.]

Although sovereignty implies the right of a government to enter freely into such relations with any other nation as may be mutually agreeable, the nations of Europe feel at liberty in self-defense to interfere with any arrangements that threaten the "balance of power." Thus France would feel justified in opposing a very close alliance between Prussia and Spain.

It is our good fortune not to have any dangerous neighbors. We are reasonably sure of peace so long as we act in accordance with the counsel of Washington, "Friendly relations with all, entangling alliances with none."

Jurisdiction.--It is clear that the authority of a nation properly extends over the land within its borders and over its inland waters. It is equally clear that no nation should have exclusive jurisdiction over the ocean. It is generally understood that a nation's authority extends out into the sea a marine league from sh.o.r.e. But difficulty is encountered in determining a rule of jurisdiction over bays, straits, wide-mouthed rivers and other coast-waters. Shall the United States of right freely navigate the St.

Lawrence to its mouth, and the British the Yukon? Should Denmark receive tribute of ships pa.s.sing through the sounds to the Baltic, and may Turkey prohibit foreign war vessels from pa.s.sing through the Bosphorus? Is the mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware Bay? The difficulty is to formulate a rule that shall not unnecessarily abridge commercial freedom but shall still have due regard to national defense. The question at large is not settled yet, but it seems to be agreed that in the cases of bays not more than ten miles wide at the mouth, the marine league shall be measured from a straight line joining the headlands.

"The United States cannot purchase a grant of land in, or concession of right of way over, the territories of another nation, as could an individual or a private corporation."

Intercourse.--While as an act of sovereignty a nation may shut out from its borders any or all of the rest of mankind, intercourse is so natural and is usually so mutually profitable that such prohibition is almost unknown among civilized nations. Intercourse is regulated in different nations in various ways. Some limit or control it by a pa.s.sport system; some by special supervision of strangers; some by a protective tariff; others by giving to one nation commercial privileges not given to another.

Among the general rules that govern intercourse are these: Aliens are ent.i.tled to protection from violence for themselves and their property.

They are amenable to the laws of the country in which they are sojourning, except in certain oriental and other partly civilized countries. Aliens may expatriate themselves and may become naturalized in the land of their adoption. "The right of emigration is inalienable; only self-imposed or unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in Woolsey's International Law.]

The principle that crime should be tried and punished where committed stands in the way of the trial of a culprit who has escaped to another country. But for mutual protection most of the civilized nations have treaties for the extradition of criminals. The United States have extradition treaties with over twenty countries. (See How Criminals Are Extradited, page 337.)

Amba.s.sadors and Consuls.--We have considered briefly the rights and duties of individual sojourners in foreign lands. Let us now consider the modes and means of intercourse between the governments themselves.

Formerly when a nation wished to come to an understanding with another it sent a special messenger clothed with necessary authority to act; but for about two hundred years these representatives have, as a rule, taken up their residence at the capitals of the countries to which they are sent.

There are various grades of these amba.s.sadors. Ours in order of rank are amba.s.sadors, envoys-extraordinary and ministers plenipotentiary, ministers resident, envoys, charges d'affaires, and, temporarily, secretaries of legation.

"Amba.s.sadors [including all of the above] always and everywhere have had special immunities and often something of a sacred character ... Neither public authority nor private persons can use any force, or do any violence to him, without offending against the law of nations." [Footnote: Except that if necessary for self-defense, pa.s.sive resistance may be made.] This immunity extends to his house, furniture, and attendants. Except in extreme cases, he is exempt from civil or criminal process.

These diplomatic agents are appointees of the executive. Official communications with the president are made through the secretary of state.

"In all negotiations between nations, sovereign should always speak to sovereign and minister to minister."

A country may decline to receive _any_ amba.s.sador from a certain nation; and this may be necessary in case of a civil war in which two parties claim to be the legal authorities, because receiving the amba.s.sador of one party would be equivalent to recognizing it as the legitimate authority.

And it may, without offense, decline to receive a _particular_ amba.s.sador, on account of some objection to him personally. It may also decline to treat with a minister who has so deported himself as to become distasteful.

When an amba.s.sador arrives at the capitol of the country to which he is sent, he seeks an interview with the secretary in charge of foreign affairs and delivers to him a copy of his credentials. Afterwards on a day appointed for the purpose, the secretary presents him to the executive (sovereign or president), to whom he delivers the original commission.

Amba.s.sadors of all grades are expected to avoid all interference with political movements in the countries where they are stationed.

Consuls are the commercial agents of a country. They are stationed at the princ.i.p.al ports of the world. Their chief functions are:

1. To furnish their government information that may be of service in the commercial relations of the countries.

2. To settle disputes between masters and crews of merchant vessels in the port sailing under the protection of the flag of the consul's country.

3. To reclaim deserters from vessels, and provide for dest.i.tute seamen.

4. In some non-Christian lands to act as judge in cases in which a countryman or other person from a Christian state is a party. (See also page 321.)

Treaties.--Treaties are contracts between nations[1], and in international law much resemble ordinary contracts in munic.i.p.al law. For instance, they can be made only by certain persons--the const.i.tuted authorities of nations, or by persons specially deputed by them for that purpose. A treaty cannot obligate to do an unlawful act. There must be consideration --a treaty which sacrifices the interests of one party is not binding upon that party. Treaties obtained by fraud or force are not binding.

[Footnote 1: This from Woolsey's International Law is too good to be omitted: "A contract is one of the highest acts of human free-will; it is the will binding itself in regard to the future, and surrendering its right to change expressed intention, so that it becomes morally and jurally a wrong to act otherwise; it is the act of two parties in which each or one of the two conveys power over himself to the other in consideration of something; done or to be done by the other. The binding force of contracts is to be deduced from the freedom and foresight of man, which would have almost no sphere in society or power of co-operation, unless trust could be excited. Trust lies at the basis of society; society is essential for the development of the individual; the individual could not develop his free forethought unless an acknowledged obligation made him sure in regard to the actions of others. That nations as well as individuals are bound by contract, will not be doubted when we remember that they have the same properties of free will and foresight; that they can have no safe intercourse otherwise."]

Further similarity between munic.i.p.al and international law is to be seen.

The minister appointed to negotiate the treaty is an agent, and his work is subject to the general law of agency. Thus, if he acts within his instructions, his princ.i.p.al (the nation) is bound by what he does, and the treaty-making power is in honor bound to ratify the treaty. From this it will properly be inferred that there is an implied understanding that the sovereign, or other power intrusted with the making of treaties, reserves the right to accept or reject the work of the agent. (See sample treaty, page 360.)