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Notwithstanding these diversities of government that have been pointed out, there were many features common to all the colonies. All considered themselves dependencies of the British Crown. All the colonists claimed the enjoyment of the privileges and rights of British-born subjects, and the benefit of the common law of England. The laws of all were required to be not repugnant to, but, as nearly as possible, in conformity with the laws of England. In all the colonies local legislatures existed, at least one branch of which consisted of representatives chosen by the people.

The general condition of the colonies at the time of the outbreak of the Revolutionary War, so far at least as concerns their governments, has now been given. What were the grounds upon which the colonists justified their resistance to the acts of English government?

In the first place, they claimed that their rights were received from, and their allegiance was due to the King, not to the Parliament. The colonists said the King was the only tie that bound them to England; that Parliament was composed of representatives from England alone, and therefore had powers of legislation only for England. Later, however, it was conceded that in matters of general interest to the whole United Kingdom, Parliament might exercise control, but that concerning all matters of domestic and internal interest, and of concern only to themselves, it was the right of their own legislatures to legislate, and that under this head came taxation.

Says Story: "Perhaps the best summary of the rights and liberties asserted by all the colonies is contained in the celebrated declaration drawn up by the Congress of nine colonies assembled at New York in October, 1765 . That declaration asserted that the colonists 'owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due subordination to that august body, the parliament of Great Britain,' That the colonists 'are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great Britain. That it is inseparably essential to the freedom of a people, and the undoubted rights of Englishmen, that no taxes be imposed on them but with their own consent given personally or by their representatives.' That the 'people of the colonies are not, and from their local circumstances cannot be represented in the House of Commons of Great Britain. That the only representatives of these colonies are persons chosen by themselves therein; and that no taxes ever have been or can be constitutionally imposed upon them but by their respective legislatures, and that trial by jury is the inherent and invaluable right of every British subject in these colonies.'"

In opposition to these views, the English government held that Parliament had the authority to bind the colonies in all matters whatsoever, and that there were no vested rights possessed by the colonies, that could not be altered or annulled if Parliament so desired.

Steps Toward Union.--Articles of Confederation.

Previous to 1774 the thirteen English colonies in America had had no political or governmental connection with each other. Any attempt on their part to unite without the consent of the English King or Parliament would have been considered an act beyond their powers and as insubordination towards the English government.

The Second Continental Congress was essentially a revolutionary body. That is to say, the authority for its acts rested upon no definite grant of powers by the colonies, but was assumed by it to meet the crisis of war. Properly speaking, it could hardly be called a government. It was more in the nature of a directing advisory committee. Its commands possessed a recommendatory character only, and it was entirely without executive officers, or legal control over either individuals or the colonies.

Under these Articles of Confederation the sole functions of the federal authority, legislative, executive, and judicial, were vested in a Continental Congress, consisting of a single house of delegates, who voted by States, and were appointed annually in such a manner as the respective States directed. Each State was entitled to not less than two nor more than seven delegates, a majority of whom decided the vote of the State in question. The executive functions were largely performed by a Committee of States, which was empowered to sit during recesses. For all important measures the vote of every State was required. The vote of all thirteen was required for an amendment.

England refused to carry out the conditions of the treaty of 1783, and continued to keep troops on our Western borders.

Our present better government was "wrung from the grinding necessities of a reluctant people."

The people in Massachusetts were in insurrection. The French minister wrote to his country: "There is now no general government in America--no head, no Congress, no administrative departments."

For all these evils the limited and imperfect powers conferred upon the Federal Government by the articles of Confederation afforded no adequate remedy. Even the Constitutional Congress was now in danger of breaking up. States, to save expense, neglected to send delegates, and repeated appeals had to be made to get representation from nine States so as to pass important measures. A better union was seen by all thoughtful citizens to be necessary, but very difficult to obtain, owing to inter-state differences. The idea of having a convention separate from the Congress, whose work should be the framing of a stronger government, gradually gained ground.

The Constitutional Convention was obtained in a roundabout way, and only after repeated failures. The first attempt to obtain an assembly of representatives was made at Annapolis, Maryland. Only five States sent representatives, and the convention accordingly adjourned to Philadelphia, where in May, 1778, delegates from all the States, except Rhode Island, finally assembled.

Adoption of the Constitution.

Though the delegates had thus assembled to form a better and new union, they differed widely in their views as to what changes were necessary, and as to what powers should be given to the Federal Government, and what retained by the States. Some desired merely a change of the existing Articles of Confederation, more power being granted, however, to the Federal Government; while others wished for an entirely new Constitution.

The convention at once divided into two parties. The one representing the small States, such as New Jersey and Delaware; and the other, the larger States, such as Virginia, New York and Massachusetts. The plan brought forward by the party of the large States was that presented to the convention by Edmund Randolph, of Virginia, and generally known as the National or Large State Plan. This plan proposed a congress of two houses, having power to legislate on all National matters, and to compel obedience on the part of the States. Representation in both houses was to be based on population, thus giving to the larger, and more populous, States the control of both branches of the legislature; and, also, since by this scheme the president, executive officers, and judges were to be appointed by Congress, control of the whole administration of the new government.

The great point upon which the two plans differed, was as to how representation in the legislature should be apportioned among the States; whether it should be according to population, and with two houses, or whether there should be but one house, in which each State should have an equal vote. The question was settled by a compromise. It was agreed that there should be a legislature of two houses, a Senate or upper and less numerous branch; and the House of Representatives, the popular and more numerous lower branch. In the Senate each State was to have an equal representation, thus putting the large and small States on an equal footing. On the other hand, in the House of Representatives representation was to be according to population, thus favoring the larger States.

Another point upon which the convention differed was concerning the slave trade; whether it should, or should not, be allowed to continue. This question was also compromised, it being agreed to permit its continuance for twenty years , after which all importation of slaves might be prohibited.

Yet another point in dispute was whether the slaves should, or should not, be counted in estimating the population of the States, in order to determine the number of representatives to which each State should be entitled. This likewise was compromised. It was agreed that five slaves should be counted equivalent to three white men.

These three main points being settled by compromises, other parts of the government, such as a single chief executive, a Federal judiciary, and the decision as to what powers should be given to the President, what to the Senate, and what to the House, were more easily arranged, and the convention adjourned September 17, 1787, having been in session a little over four months. Thus was prepared the Constitution under which we are now living--an achievement declared by Guizot to be the greatest work of its kind, and by Gladstone to be the greatest work ever struck out at one time by the hand of man.

The Constitution having been agreed to in convention, it was now submitted to the vote of each of the colonies for acceptance. It was decided in this convention that it should be considered as ratified, and should go into effect as soon as accepted by nine of the thirteen States.

The adoption or rejection of the Constitution now became a question which claimed the entire attention of the States, and it is during this contest that we find the origin of the first political parties in the United States. Those favoring the adoption of the Constitution were called "Federalists" and those opposing it "Anti-Federalists."

The Anti-Federalists were those who wished the State governments to be kept strong, and that there should be a comparatively weak central government.

The argument used by the Federalists for the adoption of the Constitution was, that only by correcting all those defects of the Confederation which have been pointed out, could order and prosperity be restored to the country. They said that the Constitution, being a series of compromises, could not please everyone in all respects, but that it was the best that could be obtained under the circumstances. Their arguments appeared in a remarkable collection of eighty-five essays, called the "Federalist," written by Alexander Hamilton in company with John Jay and James Madison. In these were explained all the points of the Constitution, and to this day they remain the best exposition of the Constitution ever written.

The objections raised by the Anti-Federalists were many. In the first place, it was of course objected that it gave to the central government too much power; that state government and State liberty would be crushed out. The State was then as dear to the citizen as is the National Government to us to-day. Patriotism was then devotion to the State. The colonists had suffered so much from control over their state governments by an outside strong government, that they were fearful of again putting themselves under a strong national government though of their own making. In warning terms it was declared it would be a government founded upon the destruction of the governments of the several States. They said, "Congress may monopolize every source of revenue, and thus indirectly demolish the State governments, for without funds they cannot exist." These elements of State love and jealousy of the Federal power are of the utmost importance in studying our history. We see them running through all our life as the main causes of division between political parties.

Another objection was, that the Constitution contained no definite "bill of rights" recognizing and guaranteeing fundamental personal liberties, such as freedom of speech, liberty of the press, assurance against unjust arrest, the right to bear arms, and trial by jury in civil cases, etc. This class of objections was satisfied by the adoption of the first ten constitutional amendments. It was also claimed by those opposed to the ratification, that inasmuch as the Constitution placed no limit to the number of terms which a President might serve, one man might become so powerful as to obtain a life-tenure of office, and thus the government would degenerate into a monarchy. To show how exaggerated were the fears during this critical period of our history, we have the report that it was actually claimed and believed by many at that time that the Federalists had the secret intention of inviting over to our country some European prince who should rule as king. Patrick Henry cried, "We shall have a king; the army will salute him monarch." Though not fixed by the Constitution, it has been since the time of Washington the invariable rule that no man shall be elected for more than two terms. The friends of President Grant attempted to have him nominated for a third time, but so strong was this prejudice that, popular as he was at that time, the plan failed.

For nine months the struggle was wagered fiercely in the States, but the Federalists prevailed. In June, 1788, the ninth State ratified, and adoption was assured. Congress fixed the first Wednesday in January for the election of presidential electors, the first Wednesday in February for the meeting of the electors and election of the President, and the first Wednesday in March, 1789, for the inauguration of the President and the beginning of the new government. This last date fell upon the 4th of March, which date has from that time served as the day for the inauguration of our presidents. Owing to a delay in the assembling of the new Congress, Washington was not inaugurated, nor our present government instituted, until April 30, 1789.

Thus was founded our present government, which has stood the test of a century. When adopted there were thirteen States; now there are forty-four. The inhabited area was then the narrow strip between the Atlantic Ocean and the Allegheny Mountains, with a population of scarcely 3,000,000. Now the United States stretches 3,000 miles from ocean to ocean, and contains a population of over sixty millions.

Presidential Succession.

The provisions of the Constitution regarding the Presidential succession, in case of the death or resignation of both President and Vice-President, are: "In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected."

In pursuance of the power thus granted to it in the last half of this section, Congress in 1792 passed an act declaring that in case of the death, resignation, etc., of both the President and Vice-President, the succession should be first to the President of the Senate and then to the Speaker of the House.

This order was changed by the act of 1886, which provided that the succession to the presidency should be as follows:

In all cases the remainder of the four-years' term shall be served out. This act also regulated the counting of the votes of the electors by Congress, and the determination of who were legally chosen electors.

Note.--The Constitution made no provision in case of a contested election, or when no one should be elected. Such a contingency seemed to have been overlooked in the framing of the Constitution.

Election of Senators.

The provisions of the Constitution regarding the election of senators were as follows: "The Senate of the United States shall be composed of two senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote." "The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators."

In the House, when vacancies happen in the representation from any State, the Governor issues an order for a new election in the congressional districts in which such vacancies occur. The representatives thus elected hold office for the unexpired terms of their predecessors.

Congressional Government.

The Constitution created Congress and conferred upon it powers of legislation for national purposes, but made no provision as to the method by which these powers should be exercised. In consequence Congress has itself developed a method of transacting its business by means of committees.

The Federal Legislature consists of two Houses--the Senate, or Upper and less numerous branch, and the House of Representatives, or the Lower and more numerous popular branch.

The House of Representatives is at present composed of 332 members and four delegates from the Territories. These delegates, however, have no vote, though they may speak. The House is presided over by a speaker, elected at the beginning of each session. A quorum for business is, in either House, a majority.

Congress meets every year in the beginning of December. Each Congress lasts two years and holds two sessions--a long and a short session. The long session lasts from December to midsummer. The short session lasts from December, when Congress meets again, until the 4th of March. The term of office then expires for all the members of the House, and for one-third of the Senators. The long session ends in even years , and the short session in odd years . Extra sessions may be called by the President for urgent business.

In the early part of the November preceding the end of the short session of Congress, occurs the election of Representatives. Congressmen then elected do not take their seats until thirteen months later, that is, at the reassembling of Congress in December of the year following, unless an extra session is called. The Senate frequently holds secret, or, as they are called, executive sessions, for the consideration of treaties and nominations of the President, in which the House of Representatives has no voice. It is then said to sit with closed doors.

An immense amount of business must necessarily be transacted by a Congress that legislates for nearly sixty-three millions of people, inhabiting a territory of over three and a half millions of square miles.

The Senate is now divided into between fifty and sixty committees, but the number varies from session to session. The principal committees are those on Foreign Relations, Privileges and Elections, Judiciary, Commerce, Finance, and Appropriations. The Senate selects the members for the different committees by ballot, though it is pretty well determined beforehand how each committee shall be constituted by means of party caucuses . A committee is always composed of an odd number of members, and both political parties are always represented on every committee, though the majority is, in almost all cases, from that party which has the majority of the members of the Senate.

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 Elections, Appropriations, Judiciary, Foreign Affairs, Manufactures, Commerce, 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.

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.

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