The House of Representatives is organized into sixty committees, ranging, in their number of members, from thirteen down. As regards party representation, their constitution is similar to that of the Senate Committees. The Committee of "Ways and Means," which regulates customs duties and excise taxes, is by far the most important.
Other important committees are those on (1) Elections, (2) Appropriations, (3) Judiciary, (4) Foreign Affairs, (5) Manufactures, (6) Commerce, (7) Labor. Every Representative is on one committee, and most of them on several. Unlike the custom in the Senate, in the House the presiding officer has the sole power of appointment, which makes him, next to the President, the most important and powerful government official. The chairman of each committee has, of course, a large power over affairs with which his committee is concerned, and for this reason it is often said that it is the chairmen of these committees who rule the land.
The precise amount of effective work done by Congress during the two sessions of the Fiftieth Congress was as follows: There were 4,000 bills introduced in the Senate and 145 Senate joint resolutions: of this number 1,127 bills and joint resolutions passed the Senate, and 554 were either postponed indefinitely or referred to the Court of Claims, so that the total number on which final action was taken by the Senate was 1,681. The committee on enrolled bills examined 667 Senate bills and joint resolutions and sent them to the President and 591 became laws, the number of vetoes, including "pocket vetoes," being 76.
The House of Representatives passed 1,561 House bills and sent them to the Senate, and the Senate passed 1,347 of them, leaving 214 to perish. The House passed 56 House joint resolutions and the Senate passed all of them but eight. The House passed, therefore, 2,284 House and Senate bills, and the Senate passed 2,522.
The first session of the Fifty-first Congress (1889-90) was, with one exception, the longest ever held.[1] During the session there were introduced in the House 12,402 bills and joint resolutions, and in the Senate 4,570, making a total of 16,972. The total number of acts passed was 1,335 as against 1,790 forbothsessions of the Fiftieth Congress. Of these 881 were pension bills.
[Footnote 1: The longest session was the long session of the FiftiethCongress.]
Congress ordinarily assembles at noon, and remains in session until 4 or 5 p.m., though towards the end of the term it frequently remains in session until late in the night. The first thing upon assembling in the morning is prayer. On Mondays, as stated, there is next a roll-call of States for the introduction of bills. Sometimes a committee is instructed to prepare and bring in a bill of its own, without waiting to have one introduced and referred to it. Reports from committees are heard during morning hours on Tuesdays, Wednesdays, and Fridays, and on Mondays after the introduction of bills. Friday is a day usually set apart for the consideration of private measures. On Saturdays Congress seldom sits.
There is still one feature of Congressional government which needs explanation, and that is the caucus. A caucus is the meeting of the members of one party in private, for the discussion of the attitude and line of policy which members of that party are to take on questions which are expected to arise in the legislative halls.
Thus, in Senate caucus, is decided who shall be members of the various committees. In these meetings is frequently discussed whether or not the whole party shall vote for or against this or that important bill, and thus its fate is decided before it has even come up for debate in Congress.
The Cabinet and Executive Departments.
We have seen that the functions of government are divided into three distinct classes, the legislative, the judicial, and the executive. The Constitution provides as to the methods for the exercise of the first two, but none for the third. The only reference in the constitution to executive departments is in Art. II, Sec. 2, where the President is given the power to require the opinion in writing of the principal officer in each executive department upon any subject relating to the duties of his office. The departments have in each case been created by an act of Congress and from time to time as convenience has demanded.
The duties of the executive are to enforce and apply the laws of the nation after they are made by the legislature and interpreted by the courts. This is the real business of government, by which the laws are put into effect, and the work of government is actually carried on. In the United States Government this power is placed in the hands of a body of men distinct from the legislative and judicial officers. At the head is the President, and hence his title of "Chief Executive." It is evident that he must divide up the vast amount of work to be done, and delegate it to others. Congress directs how this shall be done. For this purpose Congress has created nine executive departments (1)State, (2)Treasury, (3)War, (4)Navy, (5)Interior, (6)Post Office, (7)Justice, (8)Agriculture, (9)Labor.
These departments have been created as required by the growth of government duties. Three departments, the State, Treasury and War, were created by the first Congress, in 1789. By the same Congress was created the office of Attorney-General of the United States, who, together with the Secretaries of the three departments, constituted President Washington's first cabinet. The Navy Department was added in 1798. Prior to that date, naval affairs had been managed by the War Department. A Post Office for the colonies was established by the Postal Act of Queen Anne's reign. The Post Office Department under the present government was established in 1789, but the Postmaster-General did not become a Cabinet officer until 1829. The Interior Department was created in 1849 by grouping together in one department several branches of the government service, which had formerly been distributed among the other departments. As early as 1839 the Patent Office, under the Interior Department, was intrusted with various duties concerning the agricultural interests of the country, among the chief of which was the distribution of seeds. In 1862 a separate Department of Agriculture was established, and these duties transferred to it. In 1889 the head of the Department became Secretary of the Department of Agriculture and a Cabinet officer. A Bureau of Labor under the Interior Department was created in 1884. In 1888 Congress constituted it a separate department, but did not make its head a Secretary, and therefore not a Cabinet officer.
The heads of the first eight of these departments together form a council of eight, called the "Cabinet," whose duty it is, in addition to the management of the departments, to advise the President on matters of importance. For this purpose regular meetings are held, at which the affairs of government are discussed, and lines of action decided upon. The cabinet is neither the creation of the constitution, nor strictly of law. The existence of a cabinet, however, was always taken for granted in the discussion and formation of the constitution. It is a creation of custom and has no powers other than of advice and counsel to the President. The growth of executive and administrative business is not fully indicated by the increase in the number of departments. The growth within each department has been much greater. Separate bureaus and divisions have been created, which in some cases are, for all practical purposes, as independent and important as the departments themselves.
The organization of all the different departments is much the same. At the head of each is an officer appointed by the President, the President thus having control generally over the whole executive business of the government. These officers are called Secretaries, except in the cases of the Post Office Department, whose head is the Postmaster-General, and of the Department of Justice, whose head is the Attorney-General. In a number of the Departments there are also one, two, three or four assistant secretaries, according as the business of the departments requires. For convenience in the despatch of business, the departments are divided into bureaus, the bureaus into divisions, and the divisions into rooms, until, finally, the individual workers—the clerks—are readied. Each bureau and division has at its head an officer called Commissioner and Chief of Division, respectively. Each department and bureau, and, in some cases, the division also, has a Chief Clerk who has charge of the details of the administration, and immediate oversight over the clerks.[1] All work in one finely organized system. The clerk is responsible to his chief of division, the chief of division to his commissioner, the commissioner to the Secretary and he, finally, to Congress. Each man has his particular place in the system, and no one works at random.[2]
[Footnote 1: There are a number of officials and clerks who properly belong to no division or bureau, as, for instance, the librarian's private secretary and other clerical assistance in the Secretary's office, who are under his immediate supervision.]
[Footnote 2: This system is not always carried out perfectly in practice. In some cases an officer is termed commissioner who is more properly a chief of division, andvice versa. In other cases the title of commissioner or chief of division is represented by a more technical designation as Director of the U.S. Geological Survey, Comptroller of the Currency, etc.] The President and heads of departments appoint all officers in the executive departments. It is manifestly impossible for them to base their appointments upon personal knowledge. Hence has arisen the custom of filling almost all offices not controlled by the Civil Service Commission upon the recommendation of congressmen, each of whom controls for the most part the patronage of his own district. Only the Secretaries, Assistant Secretaries, Commissioners, and other chief officials are really appointees of the President on his own responsibility.
Prior to the first administration of Jackson the positions of government clerks in the departments were permanent. In 1828 Jackson inaugurated the so-called spoils system, which means that to the victor belongs the spoils. Only 74 removals had been made from 1789 to 1828. Jackson removed during the first year of his administration 2,000 clerks. Since then, until 1883, each party, on gaining control of the government, has removed almost all the clerks in office who were of the opposite political faith, replacing them with members of its own party. In 1883 was passed the Civil Service Act, by which it is provided that all future appointments of subordinate clerks in the executive departments are to be made only from those who have passed successfully an examination set by the Civil Service Commission created by the act.
#The State Department.#—The Department of State was the first department established. (Act of July 27, 1789.) There are three Assistant Secretaries. Their salaries are, Secretary $8,000, First Assistant $4,000, and the other two $3,500. The department is divided into seven bureaus, (1) Diplomatic, (2) Consular, (3) Archives and Indexes, (4) Accounts, (5) Statistics, (6) Rolls and Library, and (7) Claims.
The Secretary of State is charged, under the direction of the President, with the duties appertaining to correspondence with the public ministers and consuls of the United States, and with the representatives of foreign powers accredited to the United States; and to negotiations of whatever character relating to the foreign affairs of the United States. He is also the medium of correspondence between the President and the chief executive of the several States of the United States; he has the custody of the great seal of the United States, and countersigns and affixes such seal to all executive proclamations, to various commissions, and to warrants for pardon, and the extradition of fugitives from justice. He is regarded as the first in rank among the members of the Cabinet. He is also the custodian of the treaties made with foreign states, and of the laws of the United States. He grants and issues passports. Exequaturs to foreign consuls in the United States are issued through his office. He publishes the laws and resolutions of Congress, amendments to the Constitution, and proclamations declaring the admission of new States into the Union. He is also charged with certain annual reports to Congress relating to commercial information received from diplomatic and consular officers of the United States.
The patronage of the Secretary at Washington is small, about sixty clerks, but that which concerns the diplomatic and consular service is important. To facilitate communications and negotiations with foreign nations, and to protect the interests of American citizens in foreign countries, the United States, in common with all civilized nations, has an elaborate system of representatives residing at the capitals of all the principal nations. This system is called the diplomatic service, and is under the charge of a separate bureau of the State Department. Communications and negotiations with foreign powers are generally carried on through them or through ministers of other nations stationed at Washington. These agents are called ministers and are of three grades (1) envoys extraordinary and ministers plenipotentiary, (2) ministers resident, (3)chargés d'affaires. These grades correspond to the lower grades of similar services in European countries. We have no grade corresponding to that of ambassador. The United States has ministers in about thirty-three countries. The chief legations are those of Great Britain, France, Germany and Russia. The salary attached to each of these legations is $17,500. The social demands upon ministers are great, and, as a rule, the expenses of ministers have been more than their salaries. Ministers of foreign powers receive a much larger compensation than do ours.
To protect our commercial interests abroad, and our seamen and vessels in foreign ports, the United States has agents resident in all foreign sea-ports of any prominence. Their duties are numerous. They ship seamen, certify invoices, take testimony, examine emigrants, etc. They transmit to the State Department monthly reports concerning any matter of commercial or social interest occurring at their stations. These reports are published monthly by the department and have a wide gratuitous circulation. This system is called the consular service; and is also under the charge of a separate bureau. These agents, called consuls, are of three ranks and titles; (1) consul-generals, (2) consuls, (3) consular agents, of whom 180 are salaried, the rest being paid by fees. The names of the other bureaus indicate the nature of the duties performed by each.
The Department of State has been prominently before the people during the last two years in consequence of the Pan-American Congress,[1] composed of representatives from all American nations. This congress met in 1889, under the auspices of the State Department at Washington, to consider subjects of common interest, such as international arbitration, railroad and steamship communication, uniform money and commercial regulations. Various standing committees and commissions were provided for; and it is believed that through their efforts better commercial and social relations with the South American Republics will be established. The International Marine Conference, composed of representatives from all marine powers, likewise met at Washington under the auspices of the same department, and adopted a code of marine regulations for the guidance of all nations.
[Footnote 1: The Proceedings of the Pan American Congress were publishedby the Department of State, and also in theTribune MonthlyforSeptember, 1890. Articles upon the subjectlayMr. Romero, the MexicanMinister, appeared in theNorth American Review, September andOctober, 1890.]
In foreign relations the department has been chiefly occupied of late in the attempted settlement of the right of the English and Canadians to capture seals in Bering's Sea and Straits, and of the rights of American and English fishermen[1] in the fishing grounds off the coast of New Foundland; in the conclusion of a new extradition[2] treaty with England, and of various treaties concerning trade with other nations.
[Footnote 1: SeeTribune Monthlyentitled "Our Continent, or America for the Americans."]
[Footnote 2: An excellent monograph upon the subject of Extradition, byHon. J.B. Moore, has been published by the State Department.]
#The Treasury Department.#—This department was created by act of September 2, 1789. There are two assistant secretaries. The department is divided into a large number of divisions, with the following chief officers: (1) The Comptrollers, (2) the Auditors, (3) Treasurer, (4) Register, (5) Commissioner of Customs, (6) Commissioner of Internal Revenue, (7) Comptroller of the Currency, (8) Chief of the Bureau of Statistics, (9) Superintendent of the Bureau of Engraving and Printing, (10) Director of the Mint, (11) Superintendent of the Life Saving Service, (12) Supervising-Surgeon-General of the Marine Hospital Service, (13) Supervising-Inspector-General of Steam Vessels. Other officers are, the Supervising Architect, Commissioner of Navigation, Solicitor of the Treasury, and Chairman of the Light House Board.
The mention of the various divisions indicates the importance and variety of the duties coming under this department. The Secretary is charged with the entire management of the national finances. He submits annually to Congress estimates of the probable revenues and disbursements of the Government, prepares plans for the improvement of the revenue and for the support of the public credit, and superintends the collection of the revenue. Two comptrollers pass upon all claims against the government and accounts received from the auditors. Six auditors examine and adjust accounts relating to the expenditures of the various branches of the government.
The Treasurer of the United States receives and keeps its moneys, disburses them on the Secretary's warrants, and manages the Independent Treasury System. The Independent or Sub-Treasury System was adopted by Congress in 1846. By this means the Treasury Department is independent of the banking system of the country; but has established sub-treasuries in the principal cities of the Union for the receipt and disbursement of public moneys. There are sub-treasuries in New York, San Francisco, Saint Louis, Chicago, Boston, Philadelphia, Baltimore, New Orleans and Cincinnati. For greater convenience moneys are also deposited at certain designated banks. Secretary Windom, however, began rapidly removing such deposits from the banks and announced his intention to cease the placing of deposits with any bank.
The Register of the Treasury is the official book-keeper of the United States. The Commissioners of Customs and of Internal Revenue have charge respectively of the collection of customs duties and internal revenue taxes. The Comptroller of the Currency has control of the national banks. The Chief of the Bureau of Statistics collects and publishes the statistics of our foreign commerce. In the Bureau of Engraving and Printing are designed, engraved and printed all government bonds, national bank notes, drafts, United States notes, etc., for which work about 1200 persons are employed. The director of the Mint has general supervision over all mints and assay offices. In addition to his annual report he publishes yearly a report on the statistics of the production of precious metals.
The titles of the other officers indicate the general duties of each.The whole department employs about 3,400 persons at Washington.
Some of the more important public questions coming within the province of the Treasury Department at the present time are (1) the Tariff, which has been settled for some years by the high tariff act of this Congress; (2) the silver question involving the gravest questions of finance, likewise settled for a time by the silver act of this Congress; (3) the purchase of bonds on the market as a device to reduce the surplus and prevent the accumulation of money in the Treasury; (4) the national banking system, whose basis is being removed by the rapid payment of the public debt; (5) the merits of the Independent Treasury System by which it is claimed that money is kept out of circulation and a stringency caused in the money market; and (6) the advisability of transferring the revenue marine service to the Navy Department.
#The War Department.#—The War Department was established August 7, 1789. There is one assistant secretary. The chiefs of the bureaus into which the department is divided, are officers of the United States Army, and a part of the military establishment. Their titles and duties are as follows. The Adjutant General of the Army, who has under him a large force of clerks, has the duty of issuing orders, conducting the correspondence of the department, and keeping the record. The Inspector-General inspects and reports upon the condition of the army at all points, and the accounts of the disbursing officers. The Quartermaster-General has charge of the clothing, quarters, and supplies, except food supplies, which form the province of the Commissary-General. The Surgeon-General has charge of the medical department, of the Army Medical Museum, and a special library. The Chief of Engineers has charge of the construction of fortifications, etc. The Judge-Advocate-General reviews the proceedings of courts-martial, and advises the Secretary on points of law. There are also a Paymaster-General, a Chief of Ordnance, and a Chief Signal Officer. The Chief Signal Officer has charge of the system of communicating with distant points by means of various systems of signals, the most noteworthy of which is that of the heliograph, by which information is conveyed by the use of sun-reflecting mirrors. Communication has been established between points 125 miles distant by means of a heliograph with a reflecting surface of but twenty square inches.
The War Department answers more nearly than any other to the Department of Public Works found in other governments. All public improvements, the construction of docks, bridges, and the improvement of rivers and harbors, are under the supervision of army engineers. All arctic explorations and the explorations of our western territory, have been conducted by army officers under the direction of the Secretary of War.
The publication of war records is being made by a special board in the War Department. Thirty-five volumes have been published. It is estimated that there will be one hundred and nineteen volumes when the work is completed. The Secretary of War also has charge of the Military Academy at West Point, of certain national parks, and homes for disabled soldiers.
The army is commanded by a lieutenant-general under whom are three major-generals and six brigadier-generals. It consists of about 26,000 men distributed in the three divisions of the Missouri, the Atlantic, and the Pacific, of which the first contains four departments, the second, one, and the third, three. Congress appropriates and expends through the War Department $400,000 yearly on the National Guard for its armament and equipment. The aggregate of this reserve army regularly organized and uniformed is 106,500 men. The Secretary also details army officers to furnish military instruction at various colleges.
The principal questions to-day concerning the War Department are the advisability of strengthening our coast defences, and the lessening of the desertions in the army, which amount yearly to from ten to fifteen per cent, of the total strength of the army.
#The Navy Department.#—The Navy Department was established April 30, 1798. There is one assistant secretary. The routine work of the department is distributed among eight bureaus: (1) of Yards and Docks, (2) of Equipment and Recruiting, (3) of Navigation, (4) of Ordinance, (5) of Construction and Repair, (6) of Steam Engineering, (7) of Provisions and Clothing, (8) of Medicine and Surgery. The chiefs of the bureaus are officers of the United States Navy. There is a hydrographic office attached to the bureau of navigation, which prepares maps, charts and nautical books relating to navigation, and makes investigations concerning marine meteorology. This Department has charge of the Naval Observatory for which a new set of buildings is now being built at Washington. The Department publishes yearly, for the guidance of seamen, the nautical almanac, the preparation of which is intrusted to a separate bureau. The department also compiles and publishes naval records of the recent war, and has charge of the Naval Academy at Annapolis, Maryland. The Officers of the Navy upon the active list include one admiral, one vice-admiral, six rear-admirals, and ten commodores. The naval force includes 10,000 officers and men, together with 2,000 marines. The number of vessels of the United States Navy when all the ships now authorized are completed, excluding those which by the process of decay and the operation of law will by that date have been condemned, will comprise 11 armored and 31 unarmored vessels. The five stations maintained are the Asiatic, European, North Atlantic, South Atlantic, and Pacific. The chief matter of present public interest concerning this department is the creation of a new navy by the construction of modern steel vessels. This new policy was begun in 1882.
#The Interior Department.#—The Interior Department was created in 1849, to take charge of various duties not properly belonging to any of the existing departments. There are two assistant secretaries. The chiefs of the bureaus into which this department is divided, and their respective duties are as follows:The Commissioner of the General Land Officehas charge of all the public land of the government, its care, supervision, and sale or distribution. In another chapter we give further details concerning the operations of this important bureau.
The Commissioner of Pensionshas charge of the granting of pensions to old soldiers and sailors. He has a large force at Washington. There are eighteen pension agencies in different parts of the country. In 1808 the United States assumed all the state pension obligations. The act of 1818 gave pensions to all who had served nine months in the Revolutionary War; other wars were afterwards included. The acts of the period beginning 1862 have enormously increased the amount paid. The report of the Commissioner for 1890 shows that at the close of the fiscal year of 1889 the number of pensioners was 537,944, and the annual expenditures for pensions $105,528,180.38.
The disability pension law passed June 27,1890, will greatly lengthen the pension list and increase the annual expenditures. The present Commissioner says in his last report that "it is believed that there are probably over one hundred thousand claims in this office which can be properly allowed under the provisions of these regulations. The act of June 27, 1890, is the first disability pension law in the history of the world which grants to soldiers and sailors pensions for disabilities which are not proven to have been incurred in the service and in line of duty." Speaker Reed of the House characterized it as "the most generous piece of pension legislation ever passed by any nation on earth."
The Commissioner of Patentshas charge of the granting of patents. Up to 1793 the granting of letters-patent was given to a board consisting of the Secretary of State, Secretary of War and the Attorney General, the records and models being kept in the Department of State. In 1793 the granting of patents was given exclusively to the Secretary of State. In 1821 the clerk of the State Department who examined applications for patents received the title of Superintendent of the Patent Office, and on July 4, 1836, the Patent Office was created as a separate bureau and a Commissioner of Patents created.
About 24,000 patents are issued annually. There is an Assistant Commissioner-in-chief, an Examiner of Interferences, three Examiners-in-chief, thirty-eight Principal Examiners, and a large force of assistant examiners for different branches. Patents run for seventeen years. The annual receipts of the bureau from fees more than equal the expenditures, and the office now has a surplus of several millions to its credit in the Treasury.
The Commissioner of Indian Affairshas charge of all matters concerning the Indians, their education, government and support. There are 239 Indian schools supported by appropriations made by Congress, 147 of which are controlled directly by the Indian Bureau. The average attendance of pupils at these schools is between eleven and twelve thousand. The number of Indians in our country (not counting those of Alaska) is about 250,000. They occupy or have control of about 116,630,106 acres.
The Bureau of Educationwas originally established as an independent Department by act of Congress, approved by the President March 2, 1867. By an act of Congress which took effect July 1, 1869, this Department was changed to an Office or Bureau in the Interior Department. The duties of this Bureau are to collect and diffuse information regarding schools, methods of instruction and school discipline, etc., and otherwise to promote the cause of education. The results of the investigations here carried on, though with a small clerical force, are of the utmost value to all educators, and such is the extent to which the merit of the work and publications of this office are recognized by the leading educators of the country, that, in their opinion, the Bureau should be re-established as a department, and its chief be made a member of the President's cabinet. The publications of the Bureau consist of (1)Annual Reports, which set forth statistics and general information concerning the educational systems of the States, Territories, larger cities, universities, and colleges; professional, special, and scientific schools, academies, preparatory schools and kindergartens, with a summary of the progress of education in foreign countries; (2)Special Reports, on subjects pertinent to the times; (3)Occasional Bulletins, on matters of current educational interest; (4)Circulars of Information, on important questions of educational work or history, which are issued in yearly series. Under this last title there is now in course of publication a very valuable series of monographs upon the History of Higher Education in the various States. These monographs are being prepared by competent scholars under the editorial supervision of Dr. H.B. Adams of the Johns Hopkins University. Numerous Annual Reports have been issued, and one is now in press, for the year 1889-90. The working force of the Bureau is divided into three divisions: (1) Records; (2) Statistics; (3) Library and Museum. The library of this Office contains one of the most valuable pedagogical collections in the country.
The Commissioner of Railroadshas charge of the government's interests in certain railroads to which the United States has granted loans of credit or subsidies in lands or bonds. By the acts of July 1, 1862, and July 1, 1864, Congress, in order to encourage the building of a trans-continental railroad, granted to several Pacific railroad companies subsidies in land adjacent to the roads, and issued certain amounts of bonds on which was guaranteed interest at the rate of six per cent. The amount of lands given and bonds issued were in proportion to the number of miles of road constructed. The lands were a gift. The bonds were to be repaid by the companies with all interest which might have been advanced by the government. From 1850 to 1872 the various railroads received a total of 155,504,994 acres of lands, and $147,110,069 proceeds of bonds and interest paid by the United States. The roads have repaid of this amount $36,723,477, leaving at the present time due from the roads to the United States the sum of $110,386,592. This they will be unable to pay upon the maturity of the bonds, and a bill has been before Congress for several sessions looking towards a better adjustment of this debt. The Commissioner of Railroads was originally styled the "Auditor of Railroad Accounts." The office was created June 19, 1878.
Geological Survey.—This branch of the Interior Department was established in 1879. Its work is the investigation and determination of the geological structure of the various sections of the country, the composition of soils, the reclamation of waste lands, etc. In this bureau are made topographical surveys and irrigation surveys of arid regions of the United States. The publications connected with this work, number ten Annual Reports, thirteen Monographs, fifty-eight Bulletins and five Statistical Papers. In these there is a discussion of the geological structure of every state and territory, and information concerning the occurrence and production of each great metallic and mineral staple of the country. The bureau comprises one geographical, twelve geological, six paleontological and four accessory divisions. A division of mines and mining publishes an annual report on the mineral resources and production of the United States.
The Superintendent of the Census.—The Superintendent of the Census is appointed each decade for the purpose of taking the regular decennial census. The Eleventh Census has just been taken. The first was taken in 1790. Each census has shown a tendency to be more elaborate and to embrace a greater number of subjects than any preceding. There were employed in the taking of the Eleventh Census 42,000 enumerators, 2,000 clerks, from 800 to 900 special agents, 175 supervisors and 25 experts.
In addition to these eight bureaus, the department has charge of various other branches of government. All of the territories come under the Secretary's supervision, and look to him in case of any difficulty. The Secretary also has charge of the Yellowstone National Park, the Hot Springs Reservation in Arkansas, and of certain hospitals and eleemosynary institutions in the District of Columbia. A Superintendent of Public Documents looks after the receipt, distribution, and sale of government publications.
The most important subjects of recent legislation concerning this department have been the dependent pension act, the act providing for the survey of Western lands suitable for irrigation, and the land forfeiture act. By this act over 8,000,000 acres of lands were forfeited by the railroads for failure to fulfill the conditions under which the land was originally granted to them.
#The Post Office Department.#—The Post Office Department was established in 1789, but the Postmaster-General did not become a cabinet officer until 1829. The Postmaster-General has charge and management of the department, and of the domestic and foreign mail service. He can establish post offices and appoint postmasters of the fourth and fifth classes, i.e. those whose salaries are less than $1,000. These number over 50,000. The total number of postoffices is about 56,000. The President appoints to those of the first three classes. Other officers besides the Assistant Postmasters-General are, the Superintendents of the Money Order Division, of Foreign Mails, and of the Railway Service, and an Assistant Attorney-General for the department.
The United States is a member of the Universal Postal Union, of which most, if not all, of the civilized countries are members. The central office is known as the International Bureau of the Universal Postal Union, and is conducted under the superintendence of the Swiss Postal Administration, and its expenses are borne by all the nations composing the Union. The revenues of the Post Office Department nearly equal the expenditures, and would have exceeded them before this but for the fact that as soon as the amount of receipts has warranted, improvements have been made in the service, through the reduction of postage rates and the extension of the free delivery system. It has never been the policy of the government to make this department a source of revenue.
The patronage of the postoffice department is the most important of any of the departments, and it is very largely for this reason that the Postmaster-General is a member of the Cabinet. Crawford of South Carolina secured in 1820 the passage of an act limiting the term of office of postmasters to four years. The appointment of postmasters does not come under the Civil Service Act. It is the principal aim of civil service reformers, that postmasters should be appointed under its provisions. The most important questions of public policy concerning this department, are the reduction of postage rates on letters to one cent; the advisability of the establishment of a postal telegraph service; the extension of the free delivery system, and the relation of the department to the civil service regulations.
#The Department of Justice.#—The office of the Attorney-General of the United States was established in 1789; the Department of Justice not until 1870. The Attorney-General gives advice upon legal points to the President and also, when requested to do so, to the heads of departments. He directs the cases of the United States and sometimes appears in them, especially in the Supreme Court. He supervises the United States Marshals and District Attorneys. His substitute and principal assistant is the Solicitor-General. There are two Assistant-Attorneys-General, the business of the one being connected with the Supreme Court, and of the other with the Court of Claims. There are also, as mentioned before, certain legal officers attached to the other departments. Additional counsel is frequently employed to assist in the argument of important cases. To the Attorney-General belongs the duty of recommending persons to the office of judges, etc., in the United States Circuit and District Courts.
#The Department of Agriculture.#—The Department of Agriculture was organized as a separate department in the year 1862. In 1889 its head became a cabinet officer. There is one Assistant Secretary. The duties of the Secretary are to promote in every way the agricultural interests of the country. For this purpose the department is separated into thirteen bureaus, under the following officers (1) the Entomologist, (2) Chief of the Bureau of Animal Industry, (3) Chemist, (4) Botanist, (5) Chief of the Section of Vegetable Pathology, (6) Statistician, (7) Ornithologist, (8) Director of the Office of Experiment Stations, (9) Microscopist, (10) Pomologist, (11) Chief of the Forestry Division, (12) Chief of the Seed Division, and (13) Weather Bureau. The enumeration of these titles indicates the general nature of the work of the department. Here are investigated the habits of injurious insects and birds and the best means for their destruction; the causes of and remedies for vegetable and fruit diseases. The Chief of the Bureau of Animal Industry inspects herds of cattle and causes to be slaughtered those suffering from a contagious disease. Under a law passed in 1890, he also inspects all cattle and meat intended for export to foreign countries. He investigates causes of and remedies for cattle diseases, the best method of breeding, etc. The Statistician publishes monthly and annual reports concerning statistics of the condition, prospects and harvests of the principal crops, the wages of farm labor, etc. The Chemist analyzes fertilizers, soils, etc. By the act of March 2, 1887, $15,000 per annum was appropriated by Congress to each of the States and Territories which have established an agricultural college or an agricultural college department, for the establishment of experiment stations. The Department of Agriculture has general oversight over these stations.
The Department carries on experiments regarding the feasibility of profitable silk reeling in this country, for which purpose there is a separate division; it also makes experiments in the manufacture of sugar from sorghum and from beets grown in this country. The best qualities of seeds are tested and distributed gratuitously among the farmers. Efforts are made to introduce and foster the cultivation of new kinds of agricultural products, and in various ways to advance agricultural interests.
Congress, by an act passed during its last session, 1890, created a weather bureau under the Agricultural Department and transferred to it the business of weather prognostication which had been tinder the Chief Signal officer in the War Department. The service remains unchanged. It has stations at the military stations in the interior of the continent, at life-saving stations, and at other points in the States and Territories. Meteorological observations are taken at each station, and the information forwarded to the central office at Washington, where weather predictions for the succeeding day or days are made. The predictions are given gratuitously to the public through a system of flag signals, by the distribution of weather maps, and by publication in the daily papers. The percentage of successful forecasts of the weather during 1890 was 84.4.
The Department publishes the result of the scientific investigations carried on by its officers in "Annual Reports" of the Secretary and Chiefs of Divisions; in a series of "Circulars" on special subjects, in regular "Bulletins;" and in a series of studies on "Insect Life." These documents are distributed gratuitously.
#The Department of Labor.#—The Department of Labor was created in 1884, as a bureau under the Interior Department. In 1888, it became a separate department. It is a purely statistical bureau. It collects and publishes statistics on the cost of production, on wages, labor statistics, etc. Its six published reports are on (1) Industrial Depressions, (2) Convict Labor, (3) Strikes and Lockouts, (4) Working Women in Large Cities, (5) Marriage and Divorce, and (6) Railroad Employés.
Had all the executive departments been created at one time by a constitutional convention, we should be justified in expecting a greater symmetry and uniformity in the naming and grouping of chief officials. An inspection of the various executive officers shows that not a few are under departments other than would be expected; and the naming of officials is often misleading as to their importance. Within recent years there has appeared a strong tendency to depart yet more from a systematic grouping of executive duties under departments. Executive functions have been given to bodies entirely independent of the departments. To complete our survey of the federal executive we must consider the following: (1) the Interstate Commerce Commission, (2) the Fish Commission, (3) the Civil Service Commission, (4) the Government Printing Office, (5) the National Museum, Smithsonian Institution, the Bureau of Ethnology, (6) the Congressional Library.
#The Interstate Commerce Commission.#—With the growth of our railroad system have come various abuses. Roads have discriminated in favor of one shipper over others, and of one locality over others. Combinations have been formed to keep up railroad passenger and freight charges. Their influence has been used in political offices through the issuing of free passenger tickets, etc. Various other minor abuses have centered around these corporations. The States have been powerless to provide a remedy for the roads have been mostly engaged in interstate commerce with which the States are forbidden by the constitution to interfere. To provide a remedy for the principal of these abuses Congress passed the act of February 4, 1887, regulating the practice of railroads and creating the Interstate Commerce Commission to enforce the provisions. The Commission is composed of five commissioners appointed by the President. The Commission sits as a court and adjudicates complaints arising between railroads or between citizens and railroads, involving principles covered by the act. It has rapidly attained its present position as one of the most important courts in the United States. A statistician, attached to the Commission, publishes annual statistics of railroads, covering the extent, the amount, and value of their stock and bonds, expenses of management, receipts, &c. The act, of course, applies only to those railroads lying in more than one State.
#The Fish Commission.#—The Fish Commission was created by act of Congress in 1870. Its chief is the Commissioner of Fish and Fisheries. There is also an Assistant Commissioner. This Commission stands in the same relation to the fishery interests of the country as does the Department of Agriculture to agricultural interests. Both are scientific and practical departments. The former investigates the food, habits and enemies of fishes; experiments concerning the best methods of their capture, the best kind of baits, apparatus, etc. It collects statistics of fish and fisheries of the whole country. Probably its most important service is the propagation and distribution of food fishes. Under its direction are hatched and liberated millions of the young of the best food fishes in the various inland waters of the United States. Rivers suitable for black bass, shad, carp, or other food fishes, but not having them in their waters, are supplied. For these purposes the Commission owns and manages various fish hatcheries, fish distributing vessels and cars, propagating ponds, etc.
The yearly appropriation for carrying on this work amounts to nearly a quarter of a million of dollars.
#The Civil Service Commission.#—To correct the wasteful and demoralizing spoils system, in vogue ever since the first administration of Jackson, Congress passed, January 16, 1883, "an act to regulate and improve the Civil Service of the United States." Under the provisions of this act, the President appoints three commissioners, only two of whom may be of the same political party, to administer the act. It is one of the duties of this Commission to provide examinations for testing the fitness of applicants for public service. Appointments in those branches of the government coming under this act can only be made from persons who have passed the civil service examination successfully. Adherence to one or the other political parties has little weight in the selection of employés. Under the regulation of this act are: the nine executive departments at Washington, the Civil Service Commission itself, the customs districts, eleven in number, in each of which there are fifty or more employés, all postoffices in which there are fifty or more employés, and the Railway Mail Service; including altogether about 28,500 clerks.
#The Government Printing Office.#—In order that there may be intelligent legislation and administration, an extensive system of reports is required. The publications of the federal government are of course very numerous. Each department, bureau, and division makes an annual report. The proceedings of Congress are reported verbatim and published. This printing and binding are done by the government through the government printing office, established for that purpose. The Bureau of Printing and Engraving, which is under the Treasury Department, does no part of this. Its duties are limited to those of engraving and printing banknotes, etc. The chief of the Government Printing Office is styled the Government Printer, and is appointed by the President.
#The National Museum, Smithsonian Institution and Bureau of Ethnology.#—In 1829 James Smithson, bequeathed by his will the whole of his property, something over half a million dollars, "to the United States of America to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men." This fund held by the United States now amounts to $702,000 yielding six per cent, per annum. In 1846 Congress determined to devote this gift of Smithson to the founding and support of a museum. The National Museum was established in 1846, and is supported by annual appropriations by Congress.
In 1879 Congress created a special bureau under the Secretary of the Smithsonian Institution, to be called the Bureau of Ethnology, to make researches in North American anthropology. This work is supported by annual appropriations. The National Museum, Smithsonian Institution and Bureau of Ethnology, though distinct institutions[1] are under substantially the same management. Their reports are of great scientific value.
#The Librarian of Congress.#—The Librarian of Congress is an independent officer and reports directly to Congress. He has complete control of the Congressional Library, now situated in the Capitol building. The books now collected in this library have been purchased from time to time by Congress. There is a law requiring that two copies of every book, pamphlet, newspaper, photograph, etc., copyrighted in the United States, shall be sent to the Congressional Library. It thus receives large and valuable additions yearly. The Library now numbers over half a million volumes. A new building for the library is in process of construction, and it will have cost when completed between seven and eight million dollars.
[Footnote 1: A valuable and suggestive paper on The Origin of theNational Scientific and Educational Institutions of the United States,by Dr. G. Brown Goode, Assistant Secretary of the SmithsonianInstitution, was published by the American Historical Association. Vol.IV, Part 2. G.P. Putnam's Sons, New York, 1890.]
The Federal Judiciary.
In forming the Constitution the framers of our government were controlled by the principle that the powers which belong to all governments can be most safely and satisfactorily exercised by dividing them according to their nature among three separate branches, the executive, the legislative, and the judicial. Under the Articles of Confederation this maxim of government had been disregarded. The old Continental Congress had been given under that plan, not only legislative powers, but also those executive and judicial powers which the States had yielded to the central government.
The lack of a Federal judiciary was, as Justice Story says, "one of the vital defects of the old confederation." Hamilton, the expounder of the Constitution, said: "Laws are a dead letter without courts to enforce and apply them."
The reasons why a national system of courts was necessary were in order that there might be some power:—
1. To give to laws an interpretation that would be uniform throughout the land. If there were thirteen independent courts, each giving Federal decisions on the same causes arising under the same national laws, what but confusion and contradiction could arise?
2. To settle disputes between the States and citizens of different States.
3. To construe and interpret the Constitution itself, and decide all disputes arising under it act of either Congress or of a State legislature contrary to the Constitution can therefore be valid. Hence, the necessity of some power which should have authority to determine the constitutionality of an act when brought into question, and—
5. There should be the power of determining the constitutionality of any act of a State legislature, and thus enforce upon State legislatures the restrictions laid upon them, such as, for example, the inability to lay impost duties, to pass laws violating the obligation of contracts, etc., or to regulate objects given exclusively to Congress. The manifest necessity of such a power may be best stated by using Hamilton's own words (Federalist, 30):
"What would avail restrictions on the authority of the State legislatures without some constitutional mode of enforcing the observance of them? The States, by the plan of the Constitution, are prohibited from doing a variety of things, some of which are incompatible with the interests of the Union; others with the principles of good government. The imposition of duties on imported articles, and the emission of paper money are specimens of this kind. No man of sense will believe that such prohibition would be scrupulously regarded, without some effectual power in the government to restrain or correct infractions of them. This power must be either a direct negative on the State laws, or an authority in the Federal courts to annul such as might be in manifest contravention of the articles of Union." * * * "These courts are to be the bulwarks of a limited constitution against legislative encroachments."
These reasons were so strong that there was little or no objection in the constitutional convention to the creation of a national judiciary, but difficulty arose in determining its precise nature and powers. As we have learned, the difficulty to be overcome in drafting our new scheme of government was to satisfy State jealousies and interests, and preserve State rights of government, and yet to obtain a strong central government; and to harmonize State rights with Federal strength.
In forming the national judiciary, the objects to be obtained, difficult of achievement, were, to use the words of Judge Curtis (Federal Courts of United States): "To construct a judicial power within the Federal Government, and to clothe it with attributes which would enable it to secure the supremacy of the general constitution and all of its provisions; to give to it exact authority that would maintain the dividing line between the powers of the Nation and the States, and to give to it no more: and to add to these a faculty of dispensing justice to foreigners, to citizens of different States and among the sovereign States themselves, with a more even hand and with a more assured certainty of the great ends of justice than any State power could furnish—these were objects not readily or easily to be obtained, and yet they were obtained with wonderful success."
The establishment of the federal judiciary is given in a few words in the Constitution: "The judicial powers of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish."
In pursuance of this clause, Congress passed in 1789, what is known as the "Judiciary Act," the first section of which reads: "The Supreme Court of the United States shall consist of one chief justice and five associate justices." This act also established the inferior federal courts, the circuit and district courts, and also defined and fixed their fields of jurisdiction, i.e., the class of cases which these courts could have power to try.
The Supreme Court stands at the head of our national judiciary. Its field of jurisdiction is the construction and exposition of the Constitution of the United States. Hon. S.F. Miller, senior justice of this court, speaking of the high character of the duties performed by this court, said: "This court, whether we take the character of the suitors that are brought before it, or the importance of the subjects of litigation over which it has final jurisdiction, may be considered the highest the world has ever seen. It has power to bring States before it, States which some of our politicians have been in the habit of considering sovereign, not only when they come voluntarily, but by Federal process they are subjected, in certain cases, to the judgment of the court. Whatever these States may have been at the time of the formation of the Constitution, they now number their inhabitants by the millions, and in wealth and civilization are equal to many of the independent sovereignties of Europe."
There have been considerable changes in the structure and duties of the Supreme Court since its formation. At present there are nine justices, instead of six. There is now one annual term of the court held, beginning on the 2d Monday of October and continuing until about May 1. Of the nine justices six constitute a quorum.
The Supreme Court first met in February, 1790. Since its organization it has had eight chief justices, in the following order.
John Jay, 1789-1795.Oliver Ellsworth, 1795-1801.John Marshall, 1801-1835.R.B. Taney, 1836-1864.S.P. Chase, 1864-1873.M.R. Waite, 1873-1888.M. Fuller, 1888.
In 1795 John Rutledge was appointed to succeed Jay, received his commission, and held one term of the court, but was not confirmed by the Senate.
During the early years of the existence of the Supreme Court few cases arose requiring its jurisdiction. During the first term there was no business to be transacted. In 1801 there were only ten cases on the docket, and for some years the average annual number of cases was twenty-four; but in later years the number rapidly increased. From 1850 the average number of cases decided was seventy-one, while from 1875 to 1880 the average was three hundred and ninety-one per annum, and now there are more than a thousand cases awaiting a hearing, and the court is so far behindhand in its work that it takes from three to four years for a case to come up for trial after having been entered upon the docket. At present there are about four hundred cases granted a hearing yearly.
Almost immediately after the adoption of the Constitution began struggles and disputes between the States and the Federal Government. In this contest the Supreme Court steadily upheld the central power, and did much by its decisions to enforce and establish the power of the Constitution. Especially was the court powerful during the years 1801 to 1835, when Marshall was chief justice, to whose wisdom and prudence it is difficult to ascribe too much influence in fixing the present stability of our government.
The Supreme Court has been an invariable supporter of the Federal Constitution. During the early years of our government it was our firmest barrier against the efforts of the States to lessen the federal power. It has always maintained the balance of power between the States and the Union.
The annual term of the Supreme Court begins the second Monday of October and lasts until about May. Daily sessions, with the exceptions of Saturdays and Sundays, are held, beginning at 12 o'clock, in the Capitol building at Washington. The present justices are Fuller, chief justice, and Lamar, Bradley, Field, Harlan, Gray, Blatchford and Brewer, associate justices. Every Saturday morning the justices meet in consultation and decide cases argued during the week. The decisions are announced on Monday mornings. The justices are appointed by the President, hold office for life, and are removable only by impeachment.
The following are a few cases decided by the Supreme Court with which it is important that we should be acquainted owing to the influence which their decision has had upon our history:
1. In 1793 the case ofChisolmvs.Georgiacame before this court. Chisolm, a citizen of North Carolina, sued the State of Georgia for a sum of money, and under the second section of Article III of the Constitution, which says that the judicial power of the United States shall extend to disputes between a State and citizens of another State, the court gave judgment in his favor. This decision that a State government could be sued against its will created so much dissatisfaction that the Eleventh Amendment was adopted, which says, "the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." The effect of this amendment has been to enable a State to repudiate its just debts.
2. In 1819 was decided the very important case ofMcCullochvs.Maryland. The United States had established a national bank, which was objectionable to many of the States. Maryland attempted to destroy the bank by levying a very high tax upon a branch bank within the State. The question as to her right to do this was brought before the Supreme Court. To have allowed Maryland this right would have been to give to a State Government the power to oppose and render useless an institution created by the Federal Government. The court sustained the Federal power, and it was declared unconstitutional for any State to pass laws opposing the operation of any Federal statute.
3. In the case ofDartmouth Collegevs.New Hampshirewas declared the unconstitutionally of a state law which impaired the obligation of contracts.
4. A very important case decided by Chief Justice Taney was that ofDred Scottvs.Sandfordin 1857. Dred Scott, a negro slave in Missouri, had been carried into the Territory of Minnesota, where, by the Missouri Compromise of 1820, slavery did not exist. Upon being carried back into Missouri by his master, Scott claimed his freedom upon the ground that he had been voluntarily carried into a Territory where slavery was not allowed. The Supreme Court in its decision declared that Congress had never had the power to pass any law which would forbid slave-owners settling in Territories and still retaining control of their slaves. The whole country was at this time in great excitement in regard to the question whether or not, in the organization of the Territories of Kansas and Nebraska into States, slavery should be prohibited, and this decision, whereby the Missouri Compromise Act was practically annulled, and which pointed directly forward to an establishment of slavery in the new Territories, raised public excitement to a fever heat. It was in this decision that the statement was made that at the time of the formation of the Constitution the general opinion had been that the colored man had no rights which the white man was bound to respect. As a direct result of this case a more determined stand was taken at the North against slavery; the Anti-Slavery Republican party was strengthened, and their candidate for President, Abraham Lincoln, elected in 1861, and the catastrophe of civil war precipitated.
5. The Legal-Tender decisions, given in several cases soon after the civil war, are important. During the progress of the war the Government, in order to raise funds to meet its extraordinary expenses, had been forced to issue slips of paper which represented no deposits of coin in the Treasury, but only promises to pay certain sums by the Government. These were declared legal tender, that is, made by law as good as gold and silver, and the people were forced to receive them in payment of debts and for commodities. It was questioned whether the Government had by the Constitution power to do this. The legal-tender decisions declared that it had. Judicial System and Jurisdiction of the United States Courts.
#District Courts.#—The United States is divided into judicial districts. Many single States form a judicial district, while others are divided into two and others into three districts. The number of districts has varied. At present there are about sixty. To each of these districts is given a court and a district judge. These form the lowest grade of Federal courts.
#Circuit Courts.#—These judicial districts are grouped into nine circuits. For example, the Fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. For each circuit is appointed one circuit judge. One of the justices of the Supreme Court is also allotted to each of the circuits, who, after the expiration of the Supreme Court term, visits his circuit, and tries the more important cases which may arise in that circuit. The Circuit Court may be held by the circuit judge, the Supreme Court justice, or the district judge of that district in which the court is sitting, or by any two of them, or all of them, sitting together. The Circuit Courts form the next series of the Federal courts higher than the District Courts.
#Jurisdiction.#—The relation between the Supreme, Circuit and District courts is easy to explain. Their jurisdiction is upon federal questions; that is, over those cases mentioned in the Constitution over which judicial power has been granted to the United States, viz., questions arising under the Constitution, federal laws, or treaties, between citizens of different States, between citizens and foreigners, between States themselves, etc., and all crimes punishable under the United States laws.
The Circuit Court is higher than the District Court, and to it cases involving $500 and over may be appealed from the District courts. The Supreme Court is the court of last resort, and to it all appeals from the Circuit Courts come, with the limitation that $5,000 be involved. The cases decided by the Supreme Court are then of two classes: (1) those over which it has original jurisdiction, (see Constitution); i.e., those cases which originate or begin in that court; and (2) those cases over which it has appellate jurisdiction, i.e., those cases which come thither by appeal from the lower Circuit Courts, and which form the larger part of its work, and also by appeal from the highest State courts in cases involving certain Federal questions. The District of Columbia being directly governed by the United States, its courts are Federal courts, and hence, cases may be appealed from such courts to the Supreme Court; likewise for the same reason appeals may be had to the Supreme Court from the territorial courts.
We must remember that these courts deal only with Federal questions arising under United States laws, and, that besides these courts, all of the States have their own judicial systems of courts to interpret state laws and to try the great majority of cases. These courts are entirely separate from the United States courts, and with different judges, though cases may begin in them and be transferred to the United States Courts, if the interpretation of a Federal law is brought into question.
There are four grades of law in the United States. First and highest is the United States Constitution; second, United States laws, or statutes as they are called, passed by Congress; third, State constitutions; and fourth, State laws, passed by the State legislatures. In case of conflict of laws the lower must yield to the higher.
For the purpose of settling claims of private persons against the UnitedStates, there has been established at Washington a Court of Claims, heldby five judges. From it appeals lie, in some cases, to the SupremeCourt, and, in others, they are referred to Congress for action.
The Ordinance for the Government of the Northwest Territory.
When the colonies joined in union under the Articles of Confederation, in 1781, they ceded to the General government their claims to unoccupied western territory. The largest land grant was that by the State of Virginia, which occupied that part of the United States lying north of the Ohio River and east of the Mississippi River.
The problem of management of public lands was thus early presented to our Federal Government for solution. The manner in which Congress dealt with this question has proven eminently wise and successful, and has been largely influential in making the United States the nation that it is to-day. The feature that has characterized the plan followed from the beginning, and which still obtains, is the formation of States from such territory as soon as there is sufficient population. Such States have similar forms and powers of government as the original States, are on an equal footing with them, and are bound by the Constitution of the United States. Congress has absolute control of the Territories. (For Territorial government see Article on Territories.)
The ordinance which the Continental Congress adopted in 1787 for the government of the Northwest Territory is of great importance: it provides for the establishment of our territorial system; it contains many of those features of management which have been used from that date until now; and it is also of interest because of the influence it has had upon the history of slavery in our country.
This ordinance provided that the whole of this territory should form one district. At first Congress appointed the governor, secretary, judges, and military generals. The governor was to make the laws, subject to the approval of Congress. When the population reached five thousand the inhabitants were to have a legislature of their own, and to have a delegate who should sit in Congress, but have no vote. There was a bill of rights. Public education was encouraged. Not less than three nor more than five States were to be formed from it. Ohio, Indiana, Illinois, Michigan, and Wisconsin have been the five States formed from this territory. The transformation of the territory into States was promised as soon as the population should reach sixty thousand.
Slavery was forever prohibited in all this territory. We shall see the tremendous importance of this clause, which guaranteed to this large tract freedom from the curse of slavery, when we come to consider the struggles which were made for many years to keep slavery from the territories.