Chapter III: Section 1: The Colonial Governments

Claims of Spain to the possession of North America

Claims of France and England

The London and Plymouth Companies

Their common charter

Dissolution of the two companies

States formed in the three zones

Formation of representative governments; House of Burgesses in Virginia

Company of Massachusetts Bay

Transfer of the charter from England to Massachusetts

The General Court; assistants and deputies

Virtual independence of Massachusetts, and quarrels with the Crown

New charter of Massachusetts in 1692; its liberties curtailed

Republican governments in Connecticut and Rhode Island

Counties palatine in England; proprietary charter of Maryland

Proprietary charter of Pennsylvania

Quarrels between Penns and Calverts; Mason and Dixon's line

Other proprietary governments

They generally became unpopular

At the time of the Revolution there were three forms of colonial government: 1. Republican; 2. Proprietary; 3. Royal

(After 1692 the government of Massachusetts might be described as Semi-royal)

In all three forms there was a representative assembly, which alone could impose taxes

The governor's council was a kind of upper house

The colonial government was much like the English system in miniature

The Americans never admitted the supremacy of parliament

Except in the regulation of maritime commerce

In England there grew up the theory of the imperial supremacy of parliament

And the conflict between the British and American theories was precipitated by becoming involved in the political schemes of George III.

QUESTIONS ON THE TEXT

Section 2. _The Transition from Colonial to State Governments._

Dissolution of assemblies and parliaments

Committees of correspondence; provincial congresses

Provisional governments; "governors" and "presidents"

Origin of the senates

Likenesses and differences between British and American systems

QUESTIONS ON THE TEXT

Section 3. _The State Governments_.

Later modifications

Universal suffrage

Separation between legislative and executive departments; its advantages and disadvantages as compared with the European plan

In our system the independence of the executive is of vital importance

The state executive

The governor's functions: 1. Adviser of legislature; 2. Commander of state militia; 3. Royal prerogative of pardon; 4. Veto power

Importance of the veto power as a safeguard against corruption In building the state, the local self-government was left unimpaired

Instructive contrast with France

Some causes of French political incapacity

Vastness of the functions retained by the states in the American Union

Illustration from recent English history

Independence of the state courts

Constitution of the state courts

Elective and appointive judges

QUESTIONS ON THE TEXT

SUGGESTIVE QUESTIONS AND DIRECTIONS

BIBLIOGRAPHICAL NOTE

CHAPTER VII.

WRITTEN CONSTITUTIONS.

In the American state there is a power above the legislature

Germs of the idea of a written constitution

Development of the idea of contract in Roman law; mediaeval charters

The "Great Charter" (1215)

The Bill of Rights (1689)

Foreshadowing of the American idea by Sir Harry Vane (1666)

The Mayflower compact (1620)

The "Fundamental Orders" of Connecticut (1639)

Germinal development of the colonial charter toward the modern state constitution

Abnormal development of some recent state constitutions, encroaching upon the legislature

The process of amending constitutions

The Swiss "Referendum"

QUESTIONS ON THE TEXT

SUGGESTIVE QUESTIONS AND DIRECTIONS

BIBLIOGRAPHICAL NOTE

CHAPTER VIII.

THE FEDERAL UNION.

Section 1. _Origin of the Federal Union_.

Circumstances favourable to the union of the colonies. The New England Confederacy (1643-84). Albany Congress (1754); Stamp Act Congress (1765); Committees of Correspondence (1772-75). The Continental Congress (1774-89). The several states were never at any time sovereign states. The Articles of Confederation. Nature and powers of the Continental Congress. It could not impose taxes, and therefore was not fully endowed with sovereignty. Decline of the Continental Congress. Weakness of the sentiment of union; anarchical tendencies. The Federal Convention (1787).

QUESTIONS ON THE TEXT.

Section 2. _The Federal Congress_.

The House of Representatives. The three fifths compromise. The Connecticut compromise. The Senate. Electoral districts; the "Gerrymander". The election at large. Time of assembling. Privileges of members. The Speaker. Impeachment in England; in the United States. The president's veto power.

QUESTIONS ON THE TEXT.

Section 3. _The Federal Executive_.

The title of "President". The electoral college. The twelfth amendment. The electoral commission (1877). Provisions against a lapse of the presidency.

Original purpose of the electoral college not fulfilled

Electors formerly chosen in many states by districts; now always on a general ticket

"Minority presidents"

Advantages of the electoral system

Nomination of candidates by congressional caucus (1800-24)

Nominating conventions; the "primary"; the district convention; the national convention

Qualifications for the presidency; the term of office

Powers and duties of the president

The president's message

Executive departments; the cabinet

The secretary of state

Diplomatic and consular service

The secretary of the treasury

The other departments

QUESTIONS ON THE TEXT

Section 4. _The Nation and the States._

Difference between confederation and federal union

Powers granted to Congress

The "Elastic Clause"

Powers denied to the states

Evils of an inconvertible paper currency

Powers denied to Congress

Bills of attainder

Intercitizenship; mode of mating amendments

QUESTIONS ON THE TEXT

Section 5. _The Federal Judiciary._

Need for a federal judiciary

Federal courts and judges

District attorneys and marshals

The federal jurisdiction

QUESTIONS ON THE TEXT

Section 6. _Territorial Government._

The Northwest Territory and the Ordinance of 1787

Other territories and their government

QUESTIONS ON THE TEXT

Section 7. _Ratification and Amendments_.

Provisions for ratification

Concessions to slavery

Demand for a bill of rights

The first ten amendments

QUESTIONS ON THE TEXT

Section 8. _A Few Words about Politics_.

Federal taxation

Hamilton's policy; excise; tariff

Origin of American political parties; strict and loose construction of the Elastic Clause

Tariff, Internal Improvements, and National Bank.

Civil Service reform

Origin of the "spoils system" in the state polities of New Tort and Pennsylvania

"Rotation in office;" the Crawford Act

How the "spoils system" was made national

The Civil Service Act of 1883

The Australian ballot

The English system of accounting for election expenses

QUESTIONS ON THE TEXT

SUGGESTIVE QUESTIONS AND DIRECTIONS

BIBLIOGRAPHICAL NOTE

APPENDIX.

A. The Articles of Confederation

B. The Constitution of the United States

C. Magna Charta

D. Part of the Bill of Rights, 1689

E. The Fundamental Orders of Connecticut

F. The States classified according to origin

G. Table of states and territories

H. Population of the United States 1790-1880, with percentages of urban population

I. An Examination Paper for Customs Clerks

J. The New York Corrupt Practices Act of 1890

K. Specimen of an Australian ballot

INDEX

CIVIL GOVERNMENT IN THE UNITED STATES, CONSIDERED WITH SOME REFERENCE TO ITS ORIGINS.