Government and Administration of the United States

by Westel Woodbury Willoughby; William F. Willoughby

NOTES.

For the assistance of those who may desire a fuller acquaintance with the administrative methods of our Federal and State Governments than is to be obtained from this book, these bibliographical notes are appended. Not only the authorities actually consulted in the preparation of this monograph are given, but mention is also made of the most reliable and accessible sources of information upon the more important topics germane to the study of Government and Administration. In arrangement, the notes follow the order of topics used in the text.

General Works upon United States Government.

Worthy of first mention is the admirable work of James Bryce, The American Commonwealth, 2 vols., 1888. To the student of American institutions and administration these two volumes are indispensable. In them is contained the best and latest scientific exposition of our political institutions as they exist to-day. The only criticism that can be made regarding the work is that the executive departments have not received sufficient attention as regards the details of their administration, nor the practical and scientific value of the work performed by their numerous bureaus. Interesting from an historical point of view is De Tocqueville's Democracy in America, now fifty years old. Lalor's Encyclopaedia of Political Science, Political Economy and American History is by far the best work for reference. The principal articles in the field of political science are contributed by Dr. J.C. Bluntschli, those upon United States History by the late Prof. Alexander Johnston, and those upon Federal Administration by A.R. Spofford, Librarian of Congress.

Bannatyne's Hand-book of Republican Institutions in the United States is an authoritative work based upon federal and state laws, and other authoritative sources of information. It is entirely descriptive and very complete. Other general works are Mulford's The Nation: the Foundation of Civil Order and Political Life in the United States; Laboulaye's Histoire Politique des Etats-Unis, 3 vols.; and Lamphere's The United States Government: Its Organization and Practical Workings, this last being chiefly valuable for its statistical and tabulated information.

Among foreign works that consider the theory and practice of the United States Government, are Bagehot's English Constitution; Sir Henry Maine's chapter on the Constitution of the United States in his Popular Government; E.A. Freeman's article Presidential Government contained in his Historical Essays (1871); Lord Brougham's chapter on the Government of the United States in his Political Philosophy, Vol. 3; and E. Boutmy's Etudes de droit Constitutionel. For current political information McPherson's Hand-book of Politics, issued every two years since 1870, is valuable. Besides statistical information regarding government revenues and expenditures, public debts, votes, population, names of congressmen, &c.; these hand-books contain Presidential and Gubernatorial messages, transcripts from the Congressional Record relating to leading matters discussed in Congress; and decisions of the Supreme Court that are of general importance. The Statesman's Year-Book, published annually by Macmillan & Co., is valuable for reference in matters concerning both foreign and American governments. Bibliographical references are also given to each existing government.

John Fiske's recent volume on Civil Government in the United States, stands in merit far above other manuals bearing this name, most of which are simply running commentaries on the constitution. An excellent feature of Mr. Fiske's book is the addition of bibliographical notes at the ends of the chapters.

The following are manuals that may be recommended as of comparative merit: Macy, Our Government: How it Grew, What it Does, and How it Does it; Cocker's Civil Government; Thorpe's Government of the People of the United States; Martin's Civil Government, and Ford's American Citizens' Manual.

The most complete collection of bibliographical references to the Constitution of the United States is that prepared by W.E. Foster, and published as Economic Tract No. xxix, by the "Society for Political Education," New York.

Government.

Dr. J.C. Bluntschli's Lehre vom Modernen Stat, in three volumes, gives the finest treatment of the various forms and general principles of governments. A portion of Dr. Bluntschli's work has been translated into English and published under the title The Theory of the State. There is also a French translation of this work. Other authorities under this head are: Bluntschli's Staatswörterbuch; Woolsey's Political Science, or the State Theoretically and Practically Considered; and Montesquieu's De l'Esprit des Lois. Interesting from an historical point of view, are the theories contained in the works of political philosophers in the past. See Plato's Republic; Aristotle's Politics, Cicero's De Republica; Thomas Aquinas' Of the Government of Principles; Dante's De Monarchia; Machiavelli's Prince; Jean Bodin's Of the Commonwealth; Hobbes' Leviathan; Filmer's Patriarcha; Hooker's Ecclesiastical Polity; Locke's Civil Government; J.J. Rousseau's Social Contract; Bentham's Fragment on Government; J.S. Mills' Representative Government.

Pollock's History of the Science of Politics, published in the "Humboldt Library," contains an admirable summary of the views of these political philosophers.

The works of several of these authors (Hobbes, Hooker, Locke, Filmer,
Machiavelli) are contained in "Morley's Universal Library," published by
Routledge at one shilling per volume.

For theories regarding the origin and development of government, see
Maine's Ancient Law, Early History of Institutions, and Early Law and
Custom; Spencer's Principles of Sociology, Vol. I; Morgan's Ancient
Society; McLennan's Studies in Ancient History, and The Patriarchal
Theory; and Bagehot's Physics and Politics, published in the Humbolt
Library. The contract theory of government is presented in various forms
in the works of Hobbes, Hooker, Locke and Rousseau.

Functions of Government.

The proper limits of state action are discussed in Mill's Essay on Liberty; Huxley's Administrative Nihilism (Humboldt Lib.); Spencer's Social Statics, Man versus the State, The Coming Slavery, and The Sins of Legislators (Humboldt Lib.); Stephen's Liberty, Equality, Fraternity; Humboldt's Sphere and Duties of Government; and H.C. Adams' State in Relation to Industrial Action, published by the American Economic Association. Wilson's The State contains a valuable chapter upon the functions of government. For a description of existing forms of government, Prof. Woodrow Wilson's The State is very valuable. See also Statesmen's Year Books.

Colonial Governments.

Volumes III, IV, and V of Winsor's Narrative and Critical History of America, 8 vols., contain excellent monographs upon the founding, history and nature of government of the various colonies. Doyle's two volumes, entitled The English Colonies in America, present an exhaustive study of the American colonies from an European point of view. A handy digest of this work is contained in his small History of the United States, published as one of the volumes in "Freeman's Historical Course for Schools." Lodge's Short History of the English Colonies in America is chiefly devoted to colonial social life. In the preparation of the chapter upon Colonial Governments, we have obtained the most assistance from the first volume of Story's Commentaries upon the Constitution. Pages 15 to 50 of Hannis Taylor's Origin and Growth of the English Constitution are important. Fiske's Beginnings of New England is an extremely interesting description of the early history of a single section. Steps Toward Union and Independence.

See especially Story's Commentaries; Frothingham's Rise of the Republic of the United States; Scott's Development of Constitutional Liberty in the English Colonies in America; Fiske's Critical Period of American History; and A.B. Hart's Formation of the Union, 1763-1829, to appear in the series, "Epochs of American History." For the Albany plan of union see Franklin's Life and Letters, Vol. 4. For an account of the causes leading to revolution written from an essentially English standpoint, see Lecky's History of England in the Eighteenth Century, Vol. IV.

Articles of Confederation.

Best upon this subject are: Curtis' History of the Constitution;
Marshall's Life of Washington; Bancroft's History of the United
States; and Winsor's Narrative and Critical History of America, Vol.
VII, article The Confederation by the Editor. See also Secret
Journals of Congress, and authorities cited above.

Constitutional Convention and the Adoption of the Constitution.

See authorities cited above, and J.A. Jameson's Treatise on Constitutional Conventions. The official sources of information are: the meagre Journal, Acts, and Proceedings of the Convention; and Elliot's Debates in the Several State Conventions on the Adoption of the Federal Constitution, * * * * together with the Journal of the Federal Convention, the last volume of which contains Madison's notes of Debates in the Federal Convention, frequently called The Madison Papers.

The Constitution.

The number of valuable works concerned more or less directly with a study of the Constitution is very great. Only a very few can be mentioned. A very complete list of references to the Constitution, is that by W.E. Foster, already referred to. The leading works upon Constitutional Law are Cooley's General Principles of Constitutional Law, and Constitutional Limitations; Von Holst's, Hare's and Pomeroy's treatises on Constitutional Law. Story's Commentaries on the Constitution are invaluable. The character and value of The Federalist have been noticed in the text (p. 25). On Constitutional Amendments, see Johnston's article on Amendments in Lalor's Encyclopaedia. Concerning Constitutional developments, due to judicial construction, see Willoughby's Supreme Court of the United States: its History and Influence in our Constitutional System, published in the Johns Hopkins Studies, Extra Vol. VII; and The Constitutional History of the United States as Seen in the Development of American Law, by Judge Cooley and others, edited by H.W. Rogers. The Unwritten Constitution of the United States, is the title of a very recent book by C.G. Tiedeman.

For constitutional development due to war experiences, see Dunning's United States in Civil War and in Reconstruction. W.E. Foster has in press a pamphlet of references on The United States Constitution in Civil War.

On Federal Government, see Jellinek's Die Lehre von den Staatenverbindungen; and Hart's Introduction to the Study of Federal Government, Harvard Historical Monographs, No. 2. Besides giving an outline of the political history of the successive federations in the world's history, with an account of the literature upon each, Mr. Hart's monograph contains a very excellent bibliographical note on Federal Government in general, and the United States Constitution in particular.

The laws of the United States are known as United States Statutes at Large. In 1878 was published a large volume containing all Federal laws in force in 1874. In 1881 was published a Supplement (known as Richardson's Supplement) containing congressional legislation during the years 1874—1881.

Congressional Government.

The official reports of the debates of Congress have been published under the following titles: Annals of Congress (1789—1823), Congressional Debates (1824-1837), Congressional Globe (1833-1873), Congressional Record (1873 to the present time). Benton's Abridgment of Debates in 16 volumes covers the period 1789 to 1850.

McPherson's Handbook of Politics, already cited, contains accounts of the more important debates in Congress. Printed copies of bills and reports of committees can be obtained upon application. For the best descriptions of the practical working of Congress, see Bryce's American Commonwealth, and Woodrow Wilson's Congressional Government. In both of these works our committee method of congressional legislation is compared with the English method of Parliamentary legislation under the leadership of a responsible ministry. The conclusions obtained from this comparison by the latter author, are especially unfavorable to the United States. Other references to works comparing English and American methods of legislation, are Snow's Defence of Congressional Government, published in the papers of the American Historical Association, Vol. IV; A.L. Lowell's Essays on Government; Bagehot's English Constitution; Bourinot's article, Canada and the United States, Scottish Review, July, 1890, and Annals of the American Academy of Social Science, No. I; and an article by Hon. Joseph Chamberlain, Shall We Americanize Our Institutions? Nineteenth Century, December, 1890. The Congressional Directory, published annually, contains much handy information regarding the constitution and officers of Congress, and of the various federal departments at Washington. For an account of the work done during the last session (1889-90), see North American Review, November, 1890. Regarding the recent controversy on the power of the Speaker of the House of Representatives to count as present members in the hall, but not answering to the roll-call, see the North American Review for October, 1889; the Nos. for March, May, July, August and October, 1890, also contain interesting articles on the same subject.

Executive Departments.

Of especial and authoritative value is the report of a select committee of the Senate to Enquire into and Examine the Methods of Business and Work in the Executive Departments, in 3 vols., known as Cockrell's Report, or Senate Report 507, 50th Cong., 1st Sess., and also a supplementary report in one volume, dated March 28, 1889. For other official sources of information, see the annual reports of the various departments, and of the individual bureaus. See also special reports mentioned in the text. On diplomatic relations, see the annual report of the Secretary of State On Foreign Relations, and Treaties and Conventions between the United States and Other Powers (1776-1887), published by the same department. The Consular Reports, issued from time to time by the State Department, are of value as furnishing economic information regarding foreign countries. The reports of the Secretary of the Treasury are of extreme statistical and financial value. For handy use the Statistical Abstract is issued annually by the Treasury Department. The reports published by the Department of State, of the International Conferences of 1878, and of 1881, and that of Edward Atkinson on The Present Status of Bimetalism in Europe (1887), are of especial value upon monetary topics. In 1886 the Treasury Department issued a volume of Laws Relating to Loans, and the Currency, Coinage and Banking. Besides his annual report the Director of the Mint publishes annually a report on the Production of Gold and Silver in the United States. For an account of the Sub-Treasury system, see Bolle's Financial History of the United States. Concerning the evils of this system, see an article by Prof. J.L. Laughlin in the North American Review, Vol. 137, p. 552.

Regarding the Silver Question and other important public questions coming within the province of the Treasury Department, information can be derived from recent periodicals. Poole's Index to Periodical Literature should also be consulted. An interesting account of the Pension Office is contained in the Atlantic Monthly, January, 1890. Regarding the Interstate Commerce Commission, see the book by Don Passes in Putnam's "Questions of the Day" series. See also Political Science Quarterly, Vol. II, pp. 223 and 369.

The Eleventh Census is now being compiled, and Bulletins are issued from time to time by the superintendent. Postmaster-General Wanamaker has recently issued a pamphlet in support of a Limited Post and Telegraph.

Concerning the constitutional powers possessed by executive officers, see A. Conkling's Powers of the Executive Departments; de Chambrun's The Executive Power, and chapter VII of Willoughby's Supreme Court of the United States. The Official Register of the United States, issued annually in two large volumes, contains the names and positions of all persons in federal employment. The second volume is devoted exclusively to the Postal Service. Very many of the government reports mentioned in this note will be sent to any address upon application.

A descriptive catalogue of all government publications arranged in chronological order, from 1774 to 1881, was prepared by B.P. Poore and published by the government.

Federal Judiciary.

Among the treatises upon the practical working of the Federal Judiciary are: B.R. Curtis' Federal Courts; Bryce's American Commonwealth; and Willoughby's Supreme Court of the United States, already referred to. For an excellent description of the relations between the Federal and State courts, see Chamberlain's lecture published in The Constitutional History of the United States as seen in the Development of its Law. The reports of decisions of cases tried in the Supreme Court are contained in one hundred and thirty-three volumes. Until 1875, these volumes were known by the names of the reporters, viz.: Dallas, Cranch, Wheaton, Peters, Howard, Black, and Wallace. Since 1875 they have been designated simply as United States Reports.

Ordinance of 1787.

For text and comments see Old South Leaflet No 13 (Heath & Co., price five cents). For The United States Constitution and the Ordinance of 1787 in Relation to Education, see Magazine of American History, September, 1888. See also Papers of the American Historical Association, Vol. III; pamphlets by Dr. Poole and F.D. Stone, and Sato's History of the Land Question in the United States, Johns Hopkins University Studies, Series IV.

Territories.

The reports of the Governors of the various territories to the Secretary of the Interior furnish an official source of information. Regarding the government of, and conditions of admission of territories as States, see especially Bannatyne's Republican Institutions in the United States.

State Governments.

For the text of State constitutions see B.P. Poore's Federal and State Constitutions, Colonial Charters, and Other Organic Lows of the United States, in two vols. (1877), published by the government. For further information regarding State constitutions consult Davis' American Constitutions, in the Johns Hopkins University Studies, Series III; Jameson's Introduction to the Constitutional and Political History of the States, Johns Hopkins University Studies, Series IV; and Hitchcock's American State Constitutions (Putnam's "Questions of the Day" series). See also of course Bryce's American Commonwealth. For Recent Tendencies in State Activities, see paper by W.F. Willoughby, to be published in the "Papers of the American Historical Association," Vol. V., and articles by Dr. Albert Shaw, entitled American State Legislatures, in Contemporary Review, October, 1889, and The American State and the American Man, in the same review for May, 1887. The Forum for November, 1890, contains an interesting description of the Six New States, by Senator Cullom. For histories of the individual States, see the series of "American Commonwealths," edited by H.E. Scudder, and published by Houghton, Mifflin & Co. Those for Connecticut, Indiana, Michigan, Missouri, Kansas, California, Maryland, Kentucky, New York, Ohio, Colorado, Oregon, and Virginia, have already appeared.

Local Government.

Among authorities on Local Government are various monographs upon this subject in the several States, contributed to the Johns Hopkins University Studies in Historical and Political Science. See also Bryce and Bannatyne.

City Government.

See J.H.U. Studies, Vol. IV, Nos. 4, 10; Vol. V, Nos. 1, 2, 3, 4; Vol. VII, Nos. 1, 3, 4. Also supplementary volume, Philadelphia, 1681-1887: a History of Municipal Development, by Allinson and Penrose. Simon Sterne has an able article on "Cities" in Lalor's Encyclopaedia. See also chapters in Bryce's great work, and articles in the Political Science Quarterly for June, 1887, and June, 1889; Forum, Vol. II, pp. 260, 539; and Quarterly Journal of Economics, January, 1890.

The report of the New York Commission on "A Plan for a New Government of New York," 1876, is valuable, as are also several of ex-Mayor Hewitt's messages. Prof. Gniest has a suggestive article on Berlin, the best governed city in the world, in the Contemporary Review, Vol. 46. Shaw's article on Glasgow in the Century, March, 1890, is likewise instructive. Spofford's City of Washington and Growth of United States Cities is interesting. Ely's Taxation in American States and Cities contains many excellent suggestions for improvements in our methods of municipal administration. See also Ely's Problems of To-day. Putnam is publishing a series entitled Great Cities of the Republic. The Stories of New York, Boston and Washington have thus far appeared.

Government Revenue and Expenditure.

Federal and State finance reports furnish official information. Seligman's Finances of American States and Cities, published by the American Statistical Association, 1890, is valuable, and furnishes excellent statistical and tabulated information. Ely's Taxation in American States and Cities contains much information. Spofford's article on The Budget in Lalor's Encyclopaedia is extremely instructive. H.C. Adams' Public Debts is one of the ablest financial works in the English language. The proper administration of Federal and State finances is discussed, and the subject of national and local debts considered. Bolle's Financial History of the United States, in three large volumes, is an able work, and can be consulted with profit.

Census Bulletins, Nos. 6 and 7, describe respectively The Indebtedness of States in 1880 and 1890, and The Financial Condition of Counties.

Money.

See reports of the Director of the Mint, and of the Comptroller of the
Currency. See also Knox's United States Notes; Simmer's History of
American Currency, and text-books on Political Economy.

Public Lands of the United States.

Sato's History of the Land Question in the United States, Johns
Hopkins University Studies, Series IV, is the best book for reference.
The official source of information regarding the public lands is
Donaldson's enormous report of 1341 pages on The Public Domain: its
History with Statistics (1884), published by the government (House
Executive Documents 47, Part 4, 46th Congress, 3d Session.) For a short
account of The Disposition of Our Public Lands, see an article by A.B.
Hart, in the Quarterly Journal of Economics, January, 1887. Statistical
tables are appended to this article.

Reconstruction.

See Johnston's article in Lalor's Encyclopaedia, and authorities there cited. Also McPherson's History of Reconstruction, Dunning's United Stales Constitution in Civil War and in Reconstruction, and W.E. Foster's References on the United States Constitution in Civil War, about to be published (1891).

Party Machinery and National Conventions.

See especially Bryce's American Commonwealth, and Ostrogorski's Organisation des parties politiques aux Etats-Unis. On the Caucus see Whitridge's The Caucus System, published as "Economic Tract" No. 8, by the Society for Political Education, New York.

Political Parties.

Winsor's Narrative and Critical History of America contains a short history of political parties by Professor Alexander Johnston. See also Johnston's admirable manual, History of American Politics, a book especially adapted for school use. Von Holst's Constitutional and Political History of the United States, six volumes, contains the most comprehensive treatment of the history of political parties. Schouler's History of the United States under the Constitution, is an exceedingly able and interesting work. Four volumes bring this history down to 1847. The fifth volume soon to appear, will bring the narrative down to the Civil War.

The first volume of Von Holst is especially interesting, as giving statements of the various theories held regarding the origin and nature of our constitution. Upon Nullification and Secession, see Von Holst's Life of Calhoun; Stephens' War between the States; Greeley's American Conflict; McPherson's Political History of the Rebellion; and articles in Lalor's Encyclopaedia. The American Statesman Series, now being published by Houghton, Mifflin & Co., contains valuable biographies of leading American statesmen. See especially in this series Schurz's Henry Clay; Morse's Jefferson; Lodge's Webster; and Von Holst's Calhoun. Upon the Economic contrasts between the North and South, see Von Holst's Constitutional History, Vol. I, Chapters IX and X. Taussig's History of the Tariff, gives the best history of this much debated subject.