The Government Class Book Part 9

_Rebellion_ generally means nearly the same as _insurrection_; but more properly it signifies a revolt, or an attempt to overthrow the government to establish a different one. As it is the duty of an executive to see the laws executed, power is given by the const.i.tution to the governor to call out a sufficient military force for this purpose.

--3. All able-bodied white male citizens of the United States, between the ages of eighteen and forty-five years, are liable to perform military service in the states in which they reside, except such as are exempt by the laws of the states and of the United States. Persons exempt by the laws of the states are generally the following: Ministers of the gospel; commissioned officers of the militia having served a certain number of years; members of uniformed companies having served for a specified time; members of fire companies; certain public officers while in office; and in some states teachers and students of colleges, academies, and common schools; and a few others.

--4. Persons exempt by the laws of the United States are the vice-president, the subordinate executive and all the judicial officers of the government of the United States; members of congress and its officers; custom-house officers and their clerks; post-officers and drivers of mail stages; ferrymen employed at ferries on post-roads; pilots and mariners.

--5. By the const.i.tutions of the several states, the governors are made the commanders-in-chief of the militia of their respective states; and by the const.i.tution of the United States, the president is made commander-in-chief of the army and navy of the United States, and also of the militia of the states when called out into actual service. It has already been remarked, (--2,) that the military force of the state is at the command of the executive to protect the government and its citizens.

So the president was thought the proper person to have command of the public forces, to execute the laws of the United States, to repel invasion, and to carry on war. Hence the governors and the president are not among the public officers who are exempt from military duty.

--6. Persons who, having been duly notified, refuse to appear at military parades, or, appearing without being equipped as the law directs, are tried by a military court, called _court martial_, consisting usually of three military officers, or of such other persons as may be appointed according to the law of the state. If the persons tried do not show good cause for their delinquency, they are fined in such sums as the law prescribes. In certain cases courts may consist of more than three members.

--7. The highest militia officer, except the governor, is the _adjutant-general_ of the state; who keeps a list of all the higher commissioned officers, containing the dates of their commissions, their rank, the corps (p.r.o.nounced _core_) they belong to, the division, brigade, and regiment, and their places of residence. He distributes all orders from the commander-in-chief (the governor,) to the several divisions; attends public reviews where the commander-in-chief reviews the militia; and obeys all orders from him relative to carrying into execution the system of military discipline established by law.

--8. There is also in some states a _commissary-general_, who has the care of the a.r.s.enals and magazines, and the articles deposited in them.

An _a.r.s.enal_ is a building in which are kept cannon, muskets, powder, b.a.l.l.s, and other warlike stores; all of which are to be kept in repair and ready for use.

--9. There are persons who, believing all wars to be wrong, can not conscientiously do military service. As it is the object of our government to secure to every person the liberty of conscience as well as other rights, the const.i.tutions of many of the states provide, that those who are averse to bearing arms, may be excused by paying annually a sum of money instead of rendering the service. But it may well be doubted whether compelling a man to pay the money is not itself a violation of the right of conscience. Many persons conceive it to be no less morally wrong to commute for the service than to perform it. In some states, all persons belonging to the society of Friends, usually called Quakers, are exempt without the payment of an equivalent in money.

--10. In the states of New York and Ohio, the rank and file of the militia are not required to train in time of peace. Persons liable to perform military service, except those connected with the uniformed companies, are enrolled in the militia; but instead of doing duty, they pay annually a small tax, which is in New York fifty cents, and in Ohio fifty cents, or a day's highway labor.

--11. Laws abolishing trainings and musters of the great body of the militia, are, it is believed, growing into favor, and for these among other reasons: First, the militia system produces no material improvement in discipline; secondly, the expenditure of time and money in these useless exercises, and for arms and equipments, are burdensome to many citizens; and thirdly, there is no probability of an occasion requiring a large portion of the militia to be so suddenly called into service as to allow no time for preparation. Volunteer companies like those kept up and disciplined in the states above named, and the standing army of the nation, are deemed sufficient for any supposable emergency.

--12. Happily the practice of settling disputes between nations by war, is becoming less popular in civilized and Christian communities. War is a dreadful evil, and ought to be discouraged, and, if possible, avoided.

Were governments so disposed, they might in most cases settle their differences as individuals do, by submitting them to the judgment of a third party. If the love of military honor were less encouraged, and the principles of peace duly inculcated, the time would be hastened when "nations shall learn war no more."

Government of the United States.

Chapter XXVI.

Causes of the Revolution.

--1. The plan of government in this country is peculiar. To a person previously unacquainted with our political inst.i.tutions, it might seem strange, after having read the foregoing description of the state governments, to be told that there is still another and a different government to which the people are subject. How the people of more than thirty states, all having complete and distinct governments, can at the same time be subject to another government, also complete in all its parts, he would not immediately understand. He would not know what is meant by the government of the United States. How the states, all having governments of their own, can be _united_ in one government, he would not readily perceive.

--2. We shall therefore proceed to a description of the government of the United States, from which will appear the relation between that government and the state governments. It will also appear that the state governments, each of which has in itself a great deal of machinery, all move in harmony with the great political machine--the government of the United States. It is easy to see that a knowledge of these governments is important to the people who live under them, as every freeman exercises a part of the governing power, both in the government of his own state, and in the general government.

--3. To a.s.sist the reader in understanding the const.i.tution and government of the United States, we shall first give a sketch of the governments which preceded, and of the princ.i.p.al causes which led to the revolution in the government of this country. Most of the youth who are of sufficient age to study this work, probably know that our present forms of government were not established by the early settlers in this country. The first inhabitants were _colonists_. A _colony_ is a settlement of persons in a distant place or country, who remain subject to the government of the state or country from which they removed. The American colonies which have become the "United States," were chiefly settled from Great Britain, and were under her jurisdiction.

--4. The political rights and privileges enjoyed by the colonists as British subjects, were very limited, and were conferred by the charters of the king. The people had not then, as now, const.i.tutions of their own choice. There were colonial governments; but they were such as the king was pleased to establish, and might be changed at his pleasure. These governments were in _form_ somewhat similar to that of our state governments. There was what might be called a legislature; also an executive or governor; and there were judges.

--5. But of the officers of these departments of the government, only the members of one branch of the law-making power were elected by the people. The other branch was composed of a small number of men, called a council; but they were appointed by the king and subject to his control, as was also the governor, who had the power of an absolute negative or veto to any proposed law. And laws after having received the a.s.sent of the governor, must be sent to England and approved by the king, before they could go into effect.

--6. Hence we see that the colonists had no security for the pa.s.sage of such laws as they wanted. And the consequence was, that they were often denied good and wholesome laws, by the refusal of the king to sanction them. Not only so; many laws enacted by parliament were very unjust and oppressive. The object of these laws was to secure to Great Britain alone the trade of the colonies. One law declared that no goods should be imported by the colonists but in English vessels; if brought in other vessels, both the goods and vessels were to be forfeited to the British government.

--7. Another law required such articles as England wanted, to be transported to that country and other countries belonging to Great Britain. The colonists were permitted to ship to foreign markets such products only as English merchants did not want. They were prohibited from selling abroad any wool, yarn, or woolen manufactured goods. This was done to keep the markets open for British wool and manufactures.

Another law declared that no iron wares of any kind should be manufactured here. Thus was it attempted to suppress manufactures in the colonies.

--8. Hence we see that it was the policy of the British government to compel the colonists to buy of England all the goods they wanted which they did not themselves produce, and to sell to England the surplus productions of the colonies. For this purpose, heavy duties were laid upon goods imported into the colonies from other countries than Great Britain and her possessions. These duties were taxes levied upon goods brought into the colonies from abroad, and were collected by officers here from the persons importing the goods.

--9. The following facts will explain to the young reader more clearly the nature and effects of these duties: The colonists traded with the West India islands, some of which belonged to Great Britain, some to France, and some to Spain. To secure the whole trade, the British government imposed high duties upon the mola.s.ses, sugar and other articles imported into the colonies from the French and Spanish islands.

The people of the colonies could therefore avoid the payment of these duties only by importing the above mentioned goods from the British islands.

--10. Not satisfied with these acts, parliament claimed the right to tax the colonies, "in all cases whatsoever;" and an act was pa.s.sed accordingly, laying duties upon all tea, gla.s.s, paper, &c., imported into the colonies; and the money thus collected was put into the British treasury. The colonists pet.i.tioned the king and parliament to repeal these obnoxious laws; but their pet.i.tions were denied. Having given up all hope of relief, congress, which was a body of delegates from the several colonies, declared the colonies to be free and independent states, no longer subject to the government of Great Britain. This declaration was maintained by a war which lasted about seven years, when Great Britain gave up the contest, and acknowledged the independence of the states; and the _revolution_ was accomplished.

Chapter XXVII.

Nature of the Union under the Confederation.

--1. As early as the year 1774, the colonies united in the plan of a congress, to be composed of delegates chosen in all the colonies, for the purpose of consulting on the common good and of adopting measures of resistance to the claims of the British government. The first great continental congress met on the 4th of September, 1774. Another congress a.s.sembled in May, 1775. This congress adopted sundry measures having reference to war, and finally made the declaration of independence, July 4th, 1776. The continental congress, the members of which were chosen by the state legislatures, conducted the affairs of the nation until near the close of the war.

--2. With a view to a permanent union of the colonies under a general government, the congress, in November, 1777, agreed upon a frame of government, contained in certain articles, called, "Articles of Confederation and perpetual Union between the States." These articles were to go into effect when they should have received the a.s.sent of all the states. But as the consent of the last state (Maryland) was not obtained until March, 1781, they went into operation only about two years before the close of the war.

--3. As a plan of national government, the confederation was soon found to be very defective. The union formed under it was a very imperfect one. Having been framed in time of war, it had respect to the operations of war rather than to a state of peace. Although it answered some good purpose in carrying on the war, it was not well adapted oven to the condition of the country then existing. Its defects appeared almost as soon as it went into effect; and after the return of peace, it was found that the union, instead of being strengthened and perpetuated by it, could be preserved only by a radical change in the system of government.

--4. The leading defect of the confederation was its weakness. Congress could do little more than to recommend measures. As it could not legislate directly upon persons, its measures were to be carried into effect by the states; but the states were not in all cases willing, and some of them did at times refuse to do so, and congress could not compel them. It belonged to congress to determine the number of troops and the sums of money necessary to carry on the war, and to call on each state to raise its share; but congress could not enforce its demands. It borrowed money in its own name, but it had not the means of paying it.

It had no power to lay and collect taxes; this power was reserved to the states.

--5. Hence we see that congress was dependent for every thing upon the good will of thirteen independent states. It is a wonder that a government of such inherent weakness should bring the war to a successful issue. It was a sense of danger from abroad, rather than any power in the government, that induced a sufficient compliance with the ordinances of congress to achieve the independence of the states.

--6. On the restoration of peace, new difficulties arose. We have already spoken of the want of power in congress to lay and collect taxes for war purposes. Money was now wanted to discharge the public debt, and to pay the current expenses of the government; yet congress had no power to raise it, either by a _direct tax_ upon the persons or property of the citizens, or _indirectly_ by duties on goods imported, as at present under the const.i.tution. The power to lay and collect duties was with the states; but it was of little use so long as each state could impose such duties as it chose. The states being unable to agree upon a uniform rate of duties, the goods would be imported into states which levied the lowest duties. It was expedient, if it had been possible, to borrow more money on the credit of the union, as the heavy debt contracted during the war remained unpaid, and congress had no means of paying it.

--7. But the inability to raise money was not the only difficulty that attended the want of power by congress to lay duties. This power was necessary also to regulate the foreign trade. We have already remarked, that it was the policy of Great Britain before the revolution to secure in the colonies a market for her manufactures. (Chap. XXVI.) Not only so; she had by her navigation acts, for more than a hundred years, imposed heavy duties upon foreign vessels coming into her ports, in order to secure the carrying trade to her own shipping. In addition to this, she also levied high duties upon the produce of the states sent to pay for the goods we were obliged to buy of her, our own people not having as yet the means, nor having had time, to establish manufactories, and to manufacture for themselves.

--8. Another of the numerous troubles which arose from this imperfect union was the want of peace and harmony between the states. Laws were enacted in some states with a view to their own interests, which operated injuriously upon other states. This induced the latter states to retaliate, by pa.s.sing laws partial to themselves and injurious to the former. The states soon became disaffected toward each other; and their mutual jealousies and rivalries and animosities at length became so great as to cause fears that some of the states would become involved in war among themselves, and that the union would be broken up.

--9. In the hope of remedying the difficulty last mentioned, an attempt was made to procure the insertion, into the articles of confederation, of a provision giving to congress the power to regulate trade; but the attempt failed. In January, 1786, the legislature of Virginia proposed a convention of commissioners from all the states, to take into consideration the situation and trade of the United States, and the necessity of a uniform system of commercial regulations.

--10. A meeting was accordingly held at Annapolis, in September, 1786; but as commissioners from only five states attended, viz., New York, New Jersey, Pennsylvania, Delaware, and Virginia, the commissioners deemed it unadvisable to proceed to business relating to an object in which all the states were concerned; but they united in a report to the several states and to congress, in which they recommended the calling of a general convention of delegates from all the states, to meet in Philadelphia on the 2d Monday of May, 1787, with a view not only to the regulation of commerce, but to such other amendments of the articles of confederation as were necessary to render them "adequate to the exigencies of the union."

--11. In pursuance of this recommendation, congress, in February, 1787, pa.s.sed a resolution for a.s.sembling a convention. All the states, except Rhode Island, appointed delegates, who met pursuant to appointment; and framed the present const.i.tution of the United States. They also recommended it to be laid by congress before the several states, to be by them considered and ratified in conventions of representatives of the people. Conventions were accordingly called for this purpose in all the states, except Rhode Island, and the const.i.tution was ratified by all of them in which conventions had been called, except North Carolina.

--12. The const.i.tution was to go into effect if ratified by nine states.

The ninth state, New Hampshire, sent its ratification to congress in July, 1788; and measures were taken by congress to put the new const.i.tution into operation. Ratifications were received from North Carolina and Rhode Island the year after the organization of the new government.