The Government Class Book by Andrew W. Young

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Sec.2. A state is divided into counties, and these are divided into towns
or townships. The people of every county and every town have power to
manage their local concerns. The corporate powers of counties and towns,
and the election and the powers and duties of county and town officers,
will be given in subsequent chapters.

Sec.3. The electors of the state meet every year in their respective towns
for the election of officers. Meetings for electing town officers are,
in a majority of the states, held in the earlier part of the year. Most
officers elected by the people, other than town officers, are chosen at
the general state election, which, in most of the states, is held in
October or November.

Sec.4. Elections are conducted by persons designated by law, or chosen by
the electors of the town for that purpose. It is their duty to preserve
order, and to see that the business is properly done. They are usually
called _judges of elections_, or _inspectors of elections_. Persons
also, (usually two,) serve as clerks. Each clerk keeps a list of the
names of the persons voting, which is called a _poll-list. Poll_, which
is said to be a Saxon word, signifies _head_, and has come to mean
person. Thus, so much a head means so much for every _person_ By a
further change it has been made to signify an election, because the
persons there voting are numbered. Hence, "going to the polls" has
obtained the same meaning as going to an election.

Sec.5. When the inspectors are ready to receive votes, one of them makes it
known by proclaiming with a loud voice, that "the polls are now open."
The inspectors receive from each voter a ballot, which is a piece of
paper containing the names of the persons voted for, and the title of
the office to which each of them is to be elected. _Ballot_, from the
French, means a little ball, and is used in voting. Ballots are of
different colors; those of one color signifying an affirmative vote, or
_yes_; those of another color a negative vote, or _no_. From this has
come the application of the word ballot to the written or printed ticket
now used in voting.

Sec.6. If no objection is made to an elector's voting, the ballot is put
into the box, and the clerks enter his name on the poll-list. If the
inspectors suspect that a person offering to vote is not a qualified
elector, they may question him upon his oath in respect to his
qualifications as to age, the term of his residence in the state and
county, and citizenship. Any bystander also may question his right to
vote. This is called _challenging_. A person thus challenged is not
allowed to vote until the challenge is withdrawn, or his qualifications
are either proved by the testimony of other persons, or sworn to by
himself.

Sec.7. In a few states, the voters are registered. A list is kept of the
names of all who have, upon examination, been ascertained to be
qualified electors; and those only whose names are on the register are
allowed to vote. Thus many interruptions to voting by the examination of
voters at the polls, and much illegal voting, are prevented. Voters in
some states are also required to take what is called the "elector's
oath," in which they promise to be true and faithful to the state and
its government, and to the constitution of the United States; and to
give their votes as they shall judge will conduce to the best good of
the same.

Sec.8. After the polls are closed, the box is opened, and the ballots are
counted. If the number of ballots agrees with the number of names on the
poll-lists, it is presumed no mistake has been made, either in voting or
in keeping the lists. If the election is one for the choosing of town
officers, it is there determined who are elected, and their election is
publicly declared.

Sec.9. The election of county and state officers can not be determined by
the town canvassers. A statement of the votes given in each town for the
persons voted for, is sent to the county canvassers, who, from the
returns of votes from all the towns, determine and declare the election
of the officers chosen for the county. To determine the election of
state officers, and of such others as are elected for districts
comprising more than one county, a statement of the votes given for the
several candidates, is sent by the several boards of county canvassers
to the state canvassers, who, from the returns of votes from the several
counties, determine the election of the state officers.

Sec.10. In a few states, voting at elections is done _viva voce_. These
words mean by word of mouth. In voting in this manner, the elector
speaks the name of the person for whom he votes.

Sec.11. In most of the states, persons are elected by a plurality of votes.
An election by _plurality_ is when the person elected has received a
higher number of votes than any other, though such number be less than a
majority of all the votes given. Suppose, for example, three candidates
receive 1000 votes: One receives 450; another, 300; the third, 250
votes. The first, having the highest number, though not a majority, is
elected. In the New England, or eastern states, a _majority_, that is,
more than one-half of all the votes given, is necessary to the election
of many of the higher officers. The least number of votes out of 1000,
by which a person can be elected by this rule, is 501.

Sec.12. Either of these modes is liable to objection. When a simple
plurality effects an election, 1,000 votes may be so divided upon three
candidates as to elect one by 334 votes; or of four candidates, one may
be elected by 251 votes, and against the wishes of nearly three-fourths
of the electors. An objection to the other mode is, that if no person
receives a majority of all the votes, another election must be held.
Numerous trials have, in some instances, been necessary to effect a
choice; and the people of a district have remained for a time without a
representative in the state or national legislature.

Chapter VIII.

Division of the Powers of Government.

Sec.1. Having shown the nature of a constitution and the manner in which it
is made and adopted, it will next be shown how the powers of government
under a state constitution are divided. As the excellence of a form of
government consists much in a proper separation and distribution of
power, this subject deserves special attention.

Sec.2. We notice first the separation of the political and civil powers.
The words _political_ and _civil_ are often used as having the same
meaning. Thus, speaking of the system of government and laws of a
country, we use the general term, "political institutions," or "civil
institutions;" either of which is deemed correct. But these words have
also a particular signification, as has already been shown in the
distinction made in preceding chapters between political rights and
civil rights, and between the political law and the municipal or civil
laws. (Chap. II, and III.) Hence it appears, that what we mean by
political power is the power exercised by the people in their political
capacity, in adopting their constitution and electing the officers of
the government; and that, by the civil power is meant the power
exercised by these officers in administering the government.

Sec.3. In an absolute government, no such distinction exists; all power is
centered in the supreme ruler. There is no political law binding on him.
Being himself restrained by no positive laws or regulations that have
been adopted by the people, or that may be altered by them, the people
have no political rights. In a mixed government, or limited monarchy,
political power is exercised to some extent. Although there is no
written constitution adopted by the people, as in a republic, the
members of one branch of the law-making power are elected by the people.
In such election they are said to exercise political power.

Sec.4. We notice next the division of the civil power. This power, in well
constructed governments, is divided into three departments, the
legislative, the executive, and the judicial. The legislative department
is that by which the laws of the state are made. The legislature is
composed of two bodies, the members of which are elected by the people.
In limited monarchies where one branch of the legislature is elective,
the other is an aristocratic body, composed of men of wealth and
dignity, as the British house of lords.

Sec.5. The executive department is intrusted with the power of executing,
or carrying into effect, the laws of the state. There is in this
department a governor, assisted by a number of other officers, some of
whom are elected by the people; others are appointed in such manner as
the constitution or laws prescribe. The powers and duties of the
governor of a state will be more particularly described in another
place.

Sec.6. The judicial department is that by which justice is administered to
the citizens. It embraces the several courts of the state. All judges
and justices of the peace are judicial officers; and they have power,
and it is their business to judge of and apply the law in cases brought
before them for trial. A more particular description of the powers and
duties of judicial officers, and the manner of conducting trials in
courts of justice, will be given elsewhere. (Chap. XVII-XX.)

Sec.7. Experience has shown the propriety of dividing the civil power into
these three departments, and of confining the officers of each
department to the powers and duties belonging to the same. Those who
make the laws should not exercise the power of executing them; nor
should they who either make or execute the laws sit in judgment over
those who are brought before them for trial. A government in which the
different powers of making, executing, and applying the laws should be
united in a single body of men, however numerous, would be little better
than an absolute despotism.

Sec.8. Again, the legislative department of the civil power is divided.
Under all our state constitutions, the legislature consists of two
branches, both of which must agree to a proposed measure before it
becomes a law; and in many of the states, it must also be approved by
the governor. This is making the chief executive officer a third branch
of the law-making power; and is not in accordance with the principle of
keeping the several departments of the civil power separate and distinct
from each other. The reason for this departure from the general
principle mentioned, will be stated in another chapter. (Chap. XI. Sec.16.)

Chapter IX.

State Legislatures--how constituted.

Sec.1. The legislature of every state in the union is composed of two
houses--a senate and a house of representatives. The latter, or, as it
is sometimes called, the lower house, in the states of New York,
Wisconsin, and California, is called the assembly; in Maryland and
Virginia, the house of delegates; in North Carolina, the house of
commons; and in New Jersey, the general assembly. In most of the
states, the two houses together are called _general assembly_.

Sec.2. The senate, as well as the other house, is a representative body;
its members being elected by the people to represent them. Why, then, is
only one of the two branches called the house of representatives?
Perhaps for this reason: Under the governments of the colonies, while
yet subject to Great Britian, there was but one representative assembly.
The other branch of the legislature was called a _council_, consisting
of a small number of men who were appointed by the king. After the
colonies became free and independent states, a senate was substituted
for the old council, and although it is an elective body, the other
house, being much more numerous, is called, by way of distinction, the
_house of representatives_.

Sec.3. Senators are chosen annually in the six New England states, namely,
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and
Connecticut. In the other states they are elected for terms of two,
three, or four years. In most of the states in which senators are
elected for longer terms than one year, they are not all elected at the
same time. They are divided into classes; and those of one class go out
of office one year, and those of another class another year; so that
only a part of the senators are elected every year, or every two, or
three, or four years.

Sec.4. The senate, as distinguished from the house of representatives, is
sometimes called the upper house. It was designed to be a more select
body, composed of men chosen with reference to their superior ability,
or their greater experience in public affairs.

Sec.5. Senators are differently apportioned in different states. In some
states they are apportioned among the several counties, so that the
number to be elected in each county shall be in proportion to the number
of its inhabitants. In others they are elected by districts, equal in
number to the number of senators to be chosen in the state, and a
senator is elected in each district. The districts are to contain, as
nearly as may be, an equal number of inhabitants; and sometimes they
comprise several counties.

Sec.6. Representatives are apportioned among the counties in proportion to
the population in each. In some states they are elected in districts of
equal population, counties being sometimes divided in the formation of
districts. In the New England states, representatives are apportioned
among the towns. In about one-half of the states, they are elected
annually; in the others, (including-most of the southern and western
states,) they are elected every two years.

Sec.7. The different modes of apportioning members of the legislature have
in view the same object--equal representation; that is, giving a member
to the same number of inhabitants in one county or district as to an
equal number in another. But in some counties the population increases
more rapidly than in others. The representation then becomes unequal,
being no longer in proportion to population.

Sec.8. In order to keep the representation throughout the state as nearly
equal as possible; in other words, to secure to the people of every
county or district their just proportion of the representatives, the
constitution requires that, at stated times, the people of the state
shall be numbered, and a new apportionment of senators and
representatives be made among the several counties according to the
number of inhabitants in each county; or if the state is one in which
members of the legislature are chosen in districts, a new division of
the state is made into districts.

Sec.9. But the periods of time between the enumerations of the people, are
not the same in all the states. In some states the enumerations are made
every ten years; in others, shorter periods have been fixed, from eight
down to four years. This enumeration or numbering of the people is
called taking the census. _Census_ is from the Latin, and was used by
the ancient Romans to signify a declaration or statement made before the
censors by the citizens, containing an enumeration or register of
themselves, their wives, children, servants, and their property and its
valuation. In the United States, although the census sometimes includes
a similar register, the word usually means simply an enumeration of the
people.

Sec.10. The constitution also prescribes the qualifications of senators and
representatives. If, as qualifications for an elector, full age,
citizenship, and a considerable term of residence in the state and
county, are properly required, as we have seen, (Chap. VI. Sec.2-5,) they
must be at least equally necessary for those who make the laws. In no
state, therefore, are any but qualified electors eligible to the office
of senator or representative. In some states, greater age and longer
residence are required; and in some, the age and term of residence have
been still further increased in the case of senators. The property
qualification formerly necessary for members of the legislature, as well
as for voters, has been almost entirely abolished. (Chap. VI. Sec.8.)

Sec.11. If a member of the legislature dies, or resigns his office before
the expiration of the term for which he was chosen, the vacancy is
filled by the election of another person at the next general election,
or at a special election called for that purpose, or in such other
manner as the constitution may provide. But a person chosen to fill a
vacancy, holds the office only for the remainder of the term of him
whose place he was chosen to supply.

Chapter X.

Meetings and Organization of the Legislature.

Sec.1. The legislature meets as often as the constitution requires, to
enact such laws as may be necessary to promote the public welfare, and
to perform such other duties as are assigned to it by the constitution
and the laws. In about half of the states, sessions are held annually;
in the others biennially, or once in two years. A legislative session
includes the daily meetings of a legislature from the time of its first
assembling, to the day of final adjournment. Thus we say the session
commenced in January and ended in March. The word _session_ has
reference also to a single sitting, from the hour at which the members
assemble on any day, to the time of adjournment on the same day. Thus we
say, the legislature holds a daily session of four hours; or, it holds
two sessions a day, as the case may be.

Sec.2. Meetings of the legislature are held at a place permanently fixed by
the constitution; at which place the principal state officers keep their
offices. Hence it is called the _seat of government_, or perhaps more
frequently, the _capital_ of the state. _Capital_ is from the Latin
_caput_, the head, and has come to mean chief, or the highest. A capital
city is therefore the chief city of a state or kingdom. But the word
_capital_, applied to a city, now generally indicates the seat of
government.

Sec.3. When the two houses have assembled in their respective chambers,
some person designated for that purpose administers to the members of
each house the oath of office, in which they solemnly swear (or affirm,)
that they will support the constitution of the United States, and the
constitution of the state, and faithfully discharge the duties of their
office.

Sec.4. Each house then proceeds to _organize_ for business, by appointing
proper officers, and determining the right of members to seats in the
house. In organizing a legislative body, the first thing done is the
election of a presiding officer, or chairman, who is usually called
_speaker_. The lieutenant-governor, in states in which there is one,
presides in the senate, and is called _president of the senate_. In the
absence of the presiding officer, a temporary speaker or president is
chosen, who is called speaker or president _pro tempore_, commonly
abbreviated, _pro tem._, which is a Latin phrase, meaning _for the
time_.

Sec.5. The duty of the person presiding is to keep order, and to see that
the business of the house is conducted according to certain established
rules. When a vote is to be taken, he puts the question, which is done
by requesting all who are in favor of a proposed measure, to say _aye_,
and those opposed to say _no_. And, when a vote has been taken, he
declares the question to be carried or lost. This part of a speaker's
business is similar to that of the chairman of an ordinary public
meeting.

Sec.6. The other officers chosen by each house are, a _clerk_ to keep a
record or journal of its proceedings; to take charge of papers, and to
read such as are to be read to the house; and to do such other things as
may be required of him; a _sergeant-at-arms_, to arrest members and
other persons guilty of disorderly conduct, to compel the attendance of
absent members, and to do other business of a like nature: also one or
more _door-keepers_. The officers mentioned in this section are not
chosen from the members of the house.

Sec.7. The constitution does not prescribe to either house the order of
business, or the particular manner in which it shall be done; but
authorizes each house to determine for itself the rules of its
proceedings. But there are sundry things which it expressly enjoins. It
determines what portion of the members shall constitute a quorum to do
business. _Quorum_ is the Latin of the English words, _of whom_, and has
strangely come to signify the _number_ or _portion_ of any body of men
who have power to act for the whole. Thus with reference to a
legislative body consisting of a certain number of members, instead of
saying, A majority _quorum_ shall have power to act; or, A majority _of
whom_ shall have power to act, our constitutions generally say, A
majority shall constitute a quorum to do business. In some states, more
than a bare majority is required for a quorum.

Sec.8. Constitutions generally require also that the proceedings of
legislative bodies shall be open to public inspection. The doors may be
closed against spectators only when the public good shall require
secrecy. And that the people may be fully informed of what is done, each
house is required to keep and publish a journal of its proceedings.

Sec.9. Provision is also made, either by the constitution or by laws
against injury or interruption to the business of the legislature.
Members may not, by any prosecution at law, except for crimes and
misdemeanors, be hindered during their attendance at the sessions of the
legislature, nor in going to or returning from the same. Each house may
compel the attendance of absent members. It may for good cause expel a
member, and punish, not only its members and officers, but other
persons, for disorderly conduct, or for obstructing its proceedings.

Chapter XI.

Manner of Enacting Laws.

Sec.1. When the two houses are duly organized and ready for business, the
governor sends to both houses a written communication called _message_,
in which, as the constitution requires, he gives to the legislature
information of the condition of the affairs of the state, and recommends
such measures as he judges necessary and expedient. The message is read
to each house by its clerk.

Sec.2. But the measures to which the governor calls the attention of the
legislature, are but a small portion of those which are considered and
acted upon. Many are introduced by individual members. Others are
brought into notice by the petitions of the people in different parts of
the state. _Petition_ generally signifies a request or prayer. As here
used, it means a written request to the legislature for some
favor--generally for a law granting some benefit or relief to the
petitioners. Petitions are sent to members, usually to those who
represent the counties or districts in which the petitioners live, and
are by these members presented to the house.

Sec.3. Now it is evident, that a proper consideration of the numerous
subjects pressed upon the attention of the legislature--some of them of
very great importance--must require much labor. If the necessary
investigation of so many subjects should occupy the time of the whole
house, there would not be time enough to act upon one-half of them.
Therefore, in order to dispatch business, the labor of the house must be
divided, that the investigation of all the different subjects may be
going on at the same time.

Sec.4. Hence arises the practice which prevails in all legislative bodies,
of the appointment of committees. As soon as may be, after a house is
organized, committees are appointed on all subjects usually acted on in
the legislature. A legislative committee is generally composed of three,
five, or seven members, who examine the subjects referred to them, and
report the result of their examination to the house. Committees are
appointed by the presiding officer of each house. Occasionally, though
very rarely, they are elected by the house itself.

Sec.5. Some or all of the following committees are appointed in every
legislature: a committee on finance, or the funds, income, and other
money matters of the state, sometimes called the committee of ways and
means; a committee on agriculture; a committee on manufactures;
committees on the incorporation of cities and villages; on banks and
insurance companies; on railroads; on canals; on education; on
elections; on public printing, besides many others. So numerous are
these subjects, that in constituting the committees, every member may be
put on some committee.

Sec.6. All matters relating to these subjects of a general nature, which
arise during the session, are referred to their appropriate committees.
Thus, a question or proposition relating to banks, is referred to the
committee on banks; matters relating to rail-roads, are referred to the
committee on rail-roads; those relating to schools, are referred to the
committee on education, &c. As these committees continue during the
session, they are called _standing_ committees. When a question arises
having no relation to any subject on which there is a standing
committee, it is usually referred to a _special_ or _select_ committee
appointed to consider this particular matter.

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