Studies in Civics Part 58
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Losing Citizens.h.i.+p.--By treaties with Austria, Baden, Bavaria, Belgium, Great Britain, Germany, the Grand Duchy of Hesse, Mexico, Norway and Sweden, Denmark, and Wurtemberg, it is provided that "a renewal of domicile in the mother country, with the intent not to return (and two years residence is presumptive evidence of such intent), shall work renewal of the former allegiance."
In some of the treaties it is further provided that when the subject has emigrated to avoid military duty, "the right to exact which was complete before his departure, such service may be enforced on his return in spite of intervening naturalization." (See also U.S. Revised Statutes of 1878, ---- 2165-74.)
HOW CITIZENS ABROAD ARE PROTECTED.
One of the things that makes citizens.h.i.+p desirable is the protection which it secures. This is particularly grateful when one is in a foreign country. What a feeling of strength and security one has when far away from home among strangers to know that his rights must be respected, to realize that behind him is the might of the nation!
Pa.s.sports.--A United States pa.s.sport is an instrument in writing, issued by the secretary of state and under his seal, informing the world that the bearer is a citizen of the United States, that he travels under its protection. That pa.s.sport is a means of identification for the bearer and secures to him all the rights and privileges guaranteed to citizens of the United States by treaties with the country in which he may be traveling.
Pa.s.sports, as a means of ingress or egress, are now required in only a few countries of Europe. For the convenience of citizens who may have left home without securing pa.s.sports, arrangements have been made whereby they may be obtained from our representatives in foreign countries.
Another kind of pa.s.sport is that for American s.h.i.+ps. Each s.h.i.+p-master obtains one before leaving for a foreign port. It tells the nationality of the s.h.i.+p, shows that she is under the protection of the United States.
Consuls.--These are the business representatives of the government residing in foreign lands. They are "the guardians of their countrymen against the vexations, injuries, and injustices of the country where they reside; and they exercise certain police powers over all the individuals of their nation" within their respective consulates.
The origin of consulates dates back to the time of the Crusades. They were inst.i.tuted by the great commercial cities of the Mediterranean. The Pisans, Venetians, and Genoese had trading-places in various parts of Asia, and they secured from the princes of the countries where these trading-posts were located the right to have judges or arbitrators of their own nation located at each of these posts who were privileged to settle disputes between citizens of these cities in accordance with their own laws. At first, then, the consuls were only arbitrators in commercial matters. But their prerogatives have increased until now they are intrusted with the protection of merchants of their country in their relations with the countries to which they come to trade.
In some countries, such as China, j.a.pan, Siam, and Turkey, our consuls are by treaty invested with judicial powers. They try and punish American citizens for crimes committed there.
Incidentally it is the duty of a consul to provide for sick, disabled or dest.i.tute American seamen, and to send them home to the United States; to receive and take care of the personal property of any American citizen who dies within his consulate, and to forward to the secretary of state the balance remaining after the necessary funeral expenses, to be held in trust for the heirs. (See also page 350.)
Some of the consular reports contain very valuable information regarding the products and industries of the countries where they are located. These reports can sometimes be obtained in limited numbers through a member of congress.
HOW WE ARE PROTECTED AT HOME.
Life.--Our lives are protected very carefully, not only against crime, but also against accident. Taking human life is made the worst crime and suffers the severest punishment. Death-dealing weapons, such as revolvers and dirks, cannot lawfully be carried concealed. Poisons are cautiously sold, and usually a record is made of the sale. If death results from accident the person to blame is held responsible. But every precaution is taken to prevent accidents. Lamps are provided for streets; fast driving is prohibited; horses are not allowed to be left standing unhitched; business dangerous to life, such as powder-making, must be carried on at a distance from residences; railroads are required to stop trains at crossings, to ring a bell in going through a town, to carry axes and buckets to be used in case of fire; steamboats must be inspected, and must be supplied with life-boats, life-preservers, and other appliances.
Health.--To protect our health precautions are taken against the outbreak of preventable diseases, such as diphtheria, typhoid fever, etc., by requiring cleanliness in yards and alleys; and against small pox by requiring vaccination. The government also supports hospitals for the care of the sick.
Reputation.--To secure to each person as good a reputation as his character will warrant it is made a crime to make false and malicious statements about any one. If spoken, the malicious statement is called slander; if written or printed, it is called libel. The essential elements of these crimes are malice and injury. If a false statement is made without intent to injure, it is not slander. And a true statement injuring another must not be made except for a proper purpose.
Liberty.--This includes all those rights guaranteed in the Bills of Rights of the several const.i.tutions, and the right to come and go without restraint, the right to choose a vocation and to change it, and other rights. To appreciate the protection received in this direction, the student should read up the history of each of the guarantees, and of caste, curfew, pa.s.sports, etc.
Property.--"The right of private property covers the acquiring, using, and disposing of anything that a person may call his own, including time and labor." A person's property rights may be interfered with in so many ways that many laws are necessary to protect him. A brief outline of commercial law is given elsewhere.
HOW ELECTIONS ARE CONDUCTED.
Electors.--The voters of each state are designated by the const.i.tution thereof. See page 298.
Time.--The time of elections is usually also a matter of const.i.tutional provision. The local (town, village, and city) elections are, in most if not all of the states, held in the spring; probably because the public improvements contemplated are to be made chiefly in the summer. The general elections are held in the fall. This may be partly at least, in order that the official year may begin with the calendar year.
Place.--Towns, villages, and city wards are the usual election precincts, but any of these may be divided if necessary. The location of the polling-place is determined by the convenience of the voters.
Supervision.--Each polling-place is in charge of supervisors of election, usually three. In towns and villages, the regular trustees supervise the elections. In cities, three persons for each precinct are appointed to act by the council or by the mayor. The supervisors are a.s.sisted by one or two clerks.
Registration.--To prevent fraud, it is required that a person shall have been a resident of the precinct in which he offers to vote for at least ten days. In the cities, where population fluctuates greatly, it has been found necessary to require voters to register before the day of election; that is, to enroll their names and places of residence with the officers of election.
Notices.--Due notice of the times and places of registration and election is given, at least ten days in advance.
Voting.--This is by ballot, the two chief reasons being, (_a_) to permit the voter to express his choice uninfluenced by any one else; (_b_) to facilitate the voting.
The voter hands to the chairman of the supervisors his ballot, folded so as to conceal the names. After ascertaining from the other supervisors that the name of the person offering the vote is registered, or being satisfied in some other way that he is ent.i.tled to vote, the chairman, in the presence of the voter, deposits the ballot in the box. The voter's name is then checked on the register, and enrolled by the clerks on the "list of persons who have voted."
Counting.--Each name as it is written by the clerks is numbered, and the supervisors in checking the register do so by writing the number of the vote. At the close of the polls, therefore, the number of persons who have voted is known. The ballots are then turned out of the box upon a table, and, without being unfolded, are carefully counted, to see whether they correspond in number with the records. If, as once in a while happens, it is found that there are too many ballots, those in excess are drawn hap-hazard from the pile by the supervisors and destroyed. The ballots are then unfolded, and the count of the persons voted for is carefully made and recorded. These proceedings are all open to the public.
Reporting.--In local elections, the result of the vote is read by a clerk to those present. An abstract of the vote is filed in the office of the clerk of the corporation, and a list of the persons elected is sent to the auditor (clerk) of the county. The names of the justices of the peace and the constables are reported to the clerk of the court.
In general elections, the abstract of the vote is sent to the county auditor. He makes a general abstract of the vote of the county on state officers, members of congress, and presidential electors, and sends it to the state auditor. He also sends to the same officer a list of the persons elected to county offices. An abstract of the vote is published in one or more of the county papers.
Canva.s.sing Boards.--The persons composing these boards are designated by statute. The secretary of the organization is always a member. He is usually a.s.sisted by two or more judicial officers.
Certificates of Election.--These are furnished to officers-elect by the secretary of the organization. Certificates of members of congress and presidential electors are signed by the governor and the secretary of state, and are authenticated by the state seal.
Defects.--With all the thought that has been given to the subject, it is still an unsolved problem how to secure "a free vote and a fair count." Of the two purposes given above to be subserved by the use of the ballot rather than by _viva voce_ voting, the first is too commonly not realized.
Perhaps the greatest danger to our government is bribery or overawing of the voter.
A remedy suggested.--The main reliance for the purity of the ballot must of course be the intelligence and uprightness of the people, and he who enlightens and uplifts one or more individuals is to that extent truly a patriot.
The second reliance is the removal of temptation. There may be "honor among thieves," but wrong doing makes a person suspicious, and if the briber cannot see the bribed deposit his ballot he has no good reason for believing that he did as directed.
In Australia they have a plan which seems to obviate bribery, and to have certain other incidental advantages. The plan includes two main features: 1. The printing of ballots at state expense, the ballots to contain all the nominees of all the parties and appropriate blank s.p.a.ces for the insertion of other names; 2. The secret preparation of the ballot by the voter and his casting it in the presence of the officers only. The operation of the plan slightly modified, as now proposed in Ma.s.sachusetts, is briefly this: In the polling room as now, is the ballot-box; this none but those in the act of voting and the officers are allowed to approach.
As the voters enter the enclosed area a stile numbers them, and an officer hands each a ballot, containing the names of all nominees. The voter takes this into a booth, and makes a cross in ink opposite the name of each person that he wishes to vote for. Having thus prepared his ballot alone, he deposits it in the usual way.
The advantages promised by this plan are obvious. The printing of the ballots at state expense would do away with one of the pretexts for bleeding a candidate for "legitimate expenses." It would take their occupation from the ticket-peddlers, and do away with the deceiving "pasters." The electors would be freed from the nuisance of personal solicitation or dictation. The polling-places would be quieter and more orderly. Best of all, it would greatly minify the evils of bribery for reasons given above.
The principle is certainly a good one, and the machinery is worthy of the careful consideration of our legislators.
Later: This system is now used in several states.
WHY AND HOW NOMINATIONS ARE MADE.
A political party may be defined as a number of persons holding similar views in relation to one or more questions of public policy, and who through unity of action seek to have these views prevail.
The great instrument for securing unity is the convention. It may be a ma.s.s meeting, or, as is more usual among the large and well-organized parties, a convention of delegates. In either case it is, be it remembered, not a part of the elective machinery designed by the legislature, but a political device to increase the chances of victory through unity of purpose and action.
Party organization consists of "committees"--town, village, city-ward, county, state, and national. The local committees are chosen by the resident partisans; the county committees by the county conventions; the state committees by state conventions; and the national committee, consisting usually of one member from each state, by the delegates of the respective states to the national convention. Each committee chooses its own chairman and secretary. Besides those mentioned, there are district committees, such as congressional-district committees, senate-district committees, etc., whose members are appointed in a manner similar to that given above. The term of a member is, as might be expected, from the close of one regular convention to the close of the succeeding one. Thus a town committeeman's term is one year, while that of a national committeeman is four years.
The mode of nominating a candidate for the presidency of the United States will ill.u.s.trate the way of making nominations in general.
1. By long-established practice, each state is ent.i.tled to twice as many delegates to the national convention as the number of its presidential electors, and each territory to two delegates. Thus, Minnesota being ent.i.tled to nine electors, may send eighteen delegates: and New York, having thirty-six electors, is ent.i.tled to seventy-two delegates. Each delegate has an alternate, who acts in the delegate's absence.
2. Though the popular election does not take place until November, the national conventions are usually held in June or July. This is probably to allow plenty of time for the campaign.
3. To allow the machinery time to grind out the delegates, the national committee, having early determined upon the time and place for holding the convention, issues its "call" some months in advance, say in February or March. This is published in the newspapers throughout the country.
Studies in Civics Part 58
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Studies in Civics Part 58 summary
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