Читать книгу Civil Government in the United States Considered with Some Reference to Its Origins - Fiske John - Страница 45

Of the various kinds of government to be found in the United States, we may begin by considering that of the New England township. As we shall presently see, it is in principle of all known forms of government the oldest as well as the simplest. Let us observe how the New England township grew up.

[Sidenote: New England was settled by church congregations.] When people from England first came to dwell in the wilderness of Massachusetts Bay, they settled in groups upon small irregular-shaped patches of land, which soon came to be known as townships. There were several reasons why they settled thus in small groups, instead of scattering about over the country and carving out broad estates for themselves. In the first place, their principal reason for coming to New England was their dissatisfaction with the way in which church affairs were managed in the old country. They wished to bring about a reform in the church, in such wise that the members of a congregation should have more voice than formerly in the church-government, and that the minister of each congregation should be more independent than formerly of the bishop and of the civil government. They also wished to abolish sundry rites and customs of the church of which they had come to disapprove. Finding the resistance to their reforms quite formidable in England, and having some reason to fear that they might be themselves crushed in the struggle, they crossed the ocean in order to carry out their ideas in a new and remote country where they might be comparatively secure from interference. Hence it was quite natural that they should come in congregations, led by their favourite ministers—such men, for example, as Higginson and Cotton, Hooker and Davenport. When such men, famous in England for their bold preaching and imperiled thereby, decided to move to America, a considerable number of their parishioners would decide to accompany them, and similarly minded members of neighbouring churches would leave their own pastor and join in the migration. Such a group of people, arriving on the coast of Massachusetts, would naturally select some convenient locality, where they might build their houses near together and all go to the same church.

[Sidenote: Land grants.] This migration, therefore, was a movement, not of individuals or of separate families, but of church-congregations, and it continued to be so as the settlers made their way inland and westward. The first river towns of Connecticut were founded by congregations coming from Dorchester, Cambridge, and Watertown. This kind of settlement was favoured by the government of Massachusetts, which made grants of land, not to individuals but to companies of people who wished to live together and attend the same church.

In the second place, the soil of New England was not favourable to the cultivation of great quantities of staple articles, such as rice or tobacco, so that there was nothing to tempt people to undertake extensive plantations.

[Sidenote: Small farms.] Most of the people lived on small farms, each family raising but little more than enough food for its own support; and the small size of the farms made it possible to have a good many in a compact neighbourhood. It appeared also that towns could be more easily defended against the Indians than scattered plantations; and this doubtless helped to keep people together, although if there had been any strong inducement for solitary pioneers to plunge into the great woods, as in later years so often happened at the West, it is not likely that any dread of the savages would have hindered them.

[Sidenote: Township and village.] [Sidenote: Social positions of settlers.] Thus the early settlers of New England came to live in townships. A township would consist of about as many farms as could be disposed within convenient distance from the meeting-house, where all the inhabitants, young and old, gathered every Sunday, coming on horseback or afoot. The meeting-house was thus centrally situated, and near it was the town pasture or "common," with the school-house and the block-house, or rude fortress for defence against the Indians. For the latter building some commanding position was apt to be selected, and hence we so often find the old village streets of New England running along elevated ridges or climbing over beetling hilltops. Around the meeting-house and common the dwellings gradually clustered into a village, and after a while the tavern, store, and town-house made their appearance.

Among the people who thus tilled the farms and built up the villages of New England, the differences in what we should call social position, though noticeable, were not extreme. While in England some had been esquires or country magistrates, or "lords of the manor,"—a phrase which does not mean a member of the peerage, but a landed proprietor with dependent tenants[1]; some had been yeomen, or persons holding farms by some free kind of tenure; some had been artisans or tradesmen in cities. All had for many generations been more or less accustomed to self-government and to public meetings for discussing local affairs. That self-government, especially as far as church matters were concerned, they were stoutly bent upon maintaining and extending. Indeed, that was what they had crossed the ocean for. Under these circumstances they developed a kind of government which we may describe in the present tense, for its methods are pretty much the same to-day that they were two centuries ago.

[Footnote 1: Compare the Scottish "laird."]

[Sidenote: The town-meeting.] In a New England township the people directly govern themselves; the government is the people, or, to speak with entire precision, it is all the male inhabitants of one-and-twenty years of age and upwards. The people tax themselves. Once each year, usually in March but sometimes as early as February or as late as April, a "town-meeting" is held, at which all the grown men of the township are expected to be present and to vote, while any one may introduce motions or take part in the discussion. In early times there was a fine for non-attendance, but at is no longer the case; it is supposed that a due regard to his own interests will induce every man to come.

The town-meeting is held in the town-house, but at first it used to be held in the church, which was thus a "meeting-house" for civil as well as ecclesiastical purposes. At the town-meeting measures relating to the administration of town affairs are discussed and adopted or rejected; appropriations are made for the public expenses of the town, or in other words the amount of the town taxes for the year is determined; and town officers are elected for the year. Let us first enumerate these officers.

[Sidenote: Selectmen.] The principal executive magistrates of the town are the selectmen. They are three, five, seven, or nine in number, according to the size of the town and the amount of public business to be transacted. The odd number insures a majority decision in case of any difference of opinion among them. They have the general management of the public business. They issue warrants for the holding of town-meetings, and they can call such a meeting at any time during the year when there seems to be need for it, but the warrant must always specify the subjects which are to be discussed and acted on at the meeting. The selectmen also lay out highways, grant licenses, and impanel jurors; they may act as health officers and issue orders regarding sewerage, the abatement of nuisances, or the isolation of contagious diseases; in many cases they act as assessors of taxes, and as overseers of the poor. They are the proper persons to listen to complaints if anything goes wrong in the town. In county matters and state matters they speak for the town, and if it is a party to a law-suit they represent it in court; for the New England town is a legal corporation, and as such can hold property, and sue and be sued. In a certain sense the selectmen may be said to be "the government" of the town during the intervals between the town-meetings.

[Sidenote: Town-clerk.] An officer no less important than the selectmen is the town-clerk. He keeps the record of all votes passed in the town-meetings. He also records the names of candidates and the number of votes for each in the election of state and county officers. He records the births, marriages, and deaths in the township, and issues certificates to persons who declare an intention of marriage. He likewise keeps on record accurate descriptions of the position and bounds of public roads; and, in short, has general charge of all matters of town-record.

[Sidenote: Town-treasurer.] Every town has also its treasurer, who receives and takes care of the money coming in from the taxpayers, or whatever money belongs to the town. Out of this money he pays the public expenses. He must keep a strict account of his receipts and payments, and make a report of them each year.

[Sidenote: Constables.] Every town has one or more constables, who serve warrants from the selectmen and writs from the law courts. They pursue criminals and take them to jail. They summon jurors. In many towns they serve as collectors of taxes, but in many other towns a special officer is chosen for that purpose. When a person, fails to pay his taxes, after a specified time the collector has authority to seize upon his property and sell it at auction, paying the tax and costs out of the proceeds of the sale, and handing over the balance to the owner. In some cases, where no property can be found and there is reason to believe that the delinquent is not acting in good faith, he can be arrested and kept in prison until the tax and costs are paid, or until he is released by the proper legal methods.

[Sidenote: Assessors of taxes and overseers of the poor.] Where the duties of the selectmen are likely to be too numerous, the town may choose three or more assessors of taxes to prepare the tax lists; and three or more overseers of the poor, to regulate the management of the village almshouse and confer with other towns upon such questions as often arise concerning the settlement and maintenance of homeless paupers.

[Sidenote: Public schools.] Every town has its school committee. In 1647 the legislature of Massachusetts enacted a law with the following preamble: "It being one chief project of that old deluder, Satan, to keep men from the knowledge of the Scriptures, as in former times by keeping them in an unknown tongue, so in these latter times by persuading from the use of tongues, that so at least the true sense and meaning of the original might be clouded and corrupted with false glosses of deceivers; to the end that learning may not be buried in the graves of our forefathers, in church and commonwealth, the Lord assisting our endeavours;" it was therefore ordered that every township containing fifty families or householders should forthwith set up a school in which children might be taught to read and write, and that every township containing one hundred families or householders should set up a school in which boys might be fitted for entering Harvard College. Even before this statute, several towns, as for instance Roxbury and Dedham, had begun to appropriate money for free schools; and these were the beginnings of a system of public education which has come to be adopted throughout the United States.

[Sidenote: School committees.] The school committee exercises powers of such a character as to make it a body of great importance. The term of service of the members is three years, one third being chosen annually. The number of members must therefore be some multiple of three. The slow change in the membership of the board insures that a large proportion of the members shall always be familiar with the duties of the place. The school committee must visit all the public schools at least once a month, and make a report to the town every year. It is for them to decide what text-books are to be used. They examine candidates for the position of teacher and issue certificates to those whom they select. The certificate is issued in duplicate, and one copy is handed to the selectmen as a warrant that the teacher is entitled to receive a salary. Teachers are appointed for a term of one year, but where their work is satisfactory the appointments are usually renewed year after year. A recent act in Massachusetts permits the appointment of teachers to serve during good behaviour, but few boards have as yet availed themselves of this law. If the amount of work to be done seems to require it, the committee appoints a superintendent of schools. He is a sort of lieutenant of the school committee, and under its general direction carries on the detailed work of supervision.

Other town officers are the surveyors of highways, who are responsible for keeping the roads and bridges in repair; field-drivers and pound-keepers; fence-viewers; surveyors of lumber, measurers of wood, and sealers of weights and measures.

[Sidenote: Field-drivers and pound keepers.] The field-driver takes stray animals to the pound, and then notifies their owner; or if he does not know who is the owner he posts a description of the animals in some such place as the village store or tavern, or has it published in the nearest country newspaper. Meanwhile the strays are duly fed by the pound-keeper, who does not let them out of his custody until all expenses have been paid.

[Sidenote: Fence-viewers.] If the owners of contiguous farms, gardens, or fields get into a dispute about their partition fences or walls, they may apply to one of the fence-viewers, of whom each town has at least two. The fence-viewer decides the matter, and charges a small fee for his services. Where it is necessary he may order suitable walls or fences to be built.

[Sidenote: Other officers.] The surveyors of lumber measure and mark lumber offered for sale. The measurers of wood do the same for firewood. The sealers test the correctness of weights and measures used in trade, and tradesmen are not allowed to use weights and measures that have not been thus officially examined and sealed. Measurers and sealers may be appointed by the selectmen.

Such are the officers always to be found in the Massachusetts town, except where the duties of some of them are discharged by the selectmen. Of these officers, the selectmen, town-clerk, treasurer, constable, school committee, and assessors must be elected by ballot at the annual town-meeting.

[Sidenote: Calling the town-meeting.] When this meeting is to be called the selectmen issue a warrant for the purpose, specifying the time and place of meeting and the nature of the business to be transacted. The constable posts copies of the warrant in divers conspicuous places not less than a week before the time appointed. Then, after making a note upon the warrant that he has duly served it, he hands it over to the town-clerk. On the appointed day, when the people have assembled, the town-clerk calls the meeting to order and reads the warrant. The meeting then proceeds to choose by ballot its presiding officer, or "moderator," and business goes on in accordance with parliamentary customs pretty generally recognized among all people who speak English.

[Sidenote: Town, country, and state taxes.] At this meeting the amount of money to be raised by taxation for town purposes is determined. But, as we shall see, every inhabitant of a town lives not only under a town government, but also under a county government and a state government, and all these governments have to be supported by taxation. In Massachusetts the state and the county make use of the machinery of the town government in order to assess and collect their taxes. The total amounts to be raised are equitably divided among the several towns and cities, so that each town pays its proportionate share. Each year, therefore, the town assessors know that a certain amount of money must be raised from the taxpayers of their town—partly for the town, partly for the county, partly for the state—and for the general convenience they usually assess it upon the taxpayers all at once. The amounts raised for the state and county are usually very much smaller than the amount raised for the town. As these amounts are all raised in the town and by town officers, we shall find it convenient to sum up in this place what we have to say about the way in which taxes are raised. Bear in mind that we are still considering the New England system, and our illustration is taken from the practice in Massachusetts. But the general principles of taxation are so similar in the different states that, although we may now and then have to point to differences of detail, we shall not need to go over the whole subject again. We have now to observe how and upon whom the taxes are assessed.

[Sidenote: Poll-tax.] They are assessed partly upon persons, but chiefly upon property, and property is divisible into real estate and personal estate. The tax assessed upon persons is called the poll-tax, and cannot exceed the sum of two dollars upon every male citizen over twenty years old. In cases of extreme poverty the assessors may remit the poll-tax.

[Sidenote: Real-estate taxes.] As to real estate, there are in every town some lands and buildings which, for reasons of public policy, are exempted from paying taxes; as, for example, churches, graveyards, and tombs; many charitable institutions, including universities and colleges; and public buildings which belong to the state or to the United States. All lands and buildings, except such as are exempt by law, must pay taxes.

[Sidenote: Taxes on personal property.] Personal property includes pretty much everything that one can own except lands and buildings—pretty much everything that can be moved or carried about from one place to another. It thus includes ready money, stocks and bonds, ships and wagons, furniture, pictures, and books. It also includes the amount of debts due to a person in excess of the amount that he owes; also the income from his employment, whether in the shape of profits from business or a fixed salary.

Some personal property is exempted from taxation; as, for example, household furniture to the amount of $1,000 in value, and income from employment to the extent of $2,000. The obvious intent of this exemption is to prevent taxation from bearing too hard upon persons of small means; and for a similar reason the tools of farmers and mechanics are exempted.[2]

[Footnote 2: United States bonds are also especially exempted from taxation.]

[Sidenote: When and where taxes are assessed.] The date at which property is annually reckoned for assessment is in Massachusetts the first day of May. The poll-tax is assessed upon each person in the town or city where he has his legal habitation on that day; and as a general rule the taxes upon his personal property are assessed to him in the same place. But taxes upon lands or buildings are assessed in the city or town where they are situated, and to the person, wherever he lives, who is the owner of them on the first day of May. Thus a man who lives in the Berkshire mountains, say for example in the town of Lanesborough, will pay his poll-tax to that town. For his personal property, whether it he bonds of a railroad in Colorado, or shares in a bank in New York, or costly pictures in his house at Lanesborough, he will likewise pay taxes to Lanesborough. So for the house in which he lives, and the land upon which it stands, he pays taxes to that same town. But if he owns at the same time a house in Boston, he pays taxes for it to Boston, and if he owns a block of shops in Chicago he pays taxes for the same to Chicago. It is very apt to be the case that the rate of taxation is higher in large cities than in villages; and accordingly it often happens that wealthy inhabitants of cities, who own houses in some country town, move into them before the first of May, and otherwise comport themselves as legal residents of the country town, in order that their personal property may be assessed there rather than in the city.

[Sidenote: Tax lists.] About the first of May the assessors call upon the inhabitants of their town to render a true statement as to their property. The most approved form is for the assessors to send by mail to each taxable inhabitant a printed list of questions, with blank spaces which he is to fill with written answers. The questions relate to every kind of property, and when the person addressed returns the list to the assessors he must make oath that to the best of his knowledge and belief his answers are true. He thus becomes liable to the penalties for perjury if he can be proved to have sworn falsely. A reasonable time—usually six or eight weeks—is allowed for the list to be returned to the assessors. If any one fails to return his list by the specified time, the assessors must make their own estimate of the probable amount of his property. If their estimate is too high, he may petition the assessors to have the error corrected, but in many cases it may prove troublesome to effect this.

[Sidenote: Cheating the government.] Observe here an important difference between the imposition of taxes upon real estate and upon personal property. Houses and lands cannot run away or be tucked out of sight. Their value, too, is something of which the assessors can very likely judge as well as the owner. Deception is therefore extremely difficult, and taxation for real estate is pretty fairly distributed among the different owners. With regard to personal estate it is very different. It is comparatively easy to conceal one's ownership of some kinds of personal property, or to understate one's income. Hence the temptation to lessen the burden of the tax bill by making false statements is considerable, and doubtless a good deal of deception is practised. There are many people who are too honest to cheat individuals, but still consider it a venial sin to cheat the government.

[Sidenote: The rate of taxation.] After the assessors have obtained all their returns they can calculate the total value of the taxable property in the town; and knowing the amount of the tax to be raised, it is easy to calculate the rate at which the tax is to be assessed. In most parts of the United States a rate of one and a half per cent, or $15 tax on each $1,000 worth of property, would be regarded as moderate; three per cent would be regarded as excessively high. At the lower of these rates a man worth $50,000 would pay $750 for his yearly taxes. The annual income of $50,000, invested on good security, is hardly more than $2,500. Obviously $750 is a large sum to subtract from such an income.

[Sidenote: Undervaluation.] [Sidenote: The burden of taxation.] In point of fact, however, the tax is seldom quite as heavy as this. It is not easy to tell exactly how much a man is worth, and accordingly assessors, not wishing to be too disagreeable in the discharge of their duties, have naturally fallen into a way of giving the lower valuation the benefit of the doubt, until in many places a custom has grown up of regularly undervaluing property for purposes of taxation. Very much as liquid measures have gradually shrunk until it takes five quart bottles to hold a gallon, so there has been a shrinkage of valuations until it has become common to tax a man for only three fourths or perhaps two thirds of what his property is worth in the market. This makes the rate higher, to be sure, but the individual taxpayer nevertheless seems to feel relieved by it. Allowing for this undervaluation, we may say that a man worth $50,000 commonly pays not less than $500 for his yearly taxes, or about one fifth of the annual income of the property. We thus begin to see what a heavy burden taxes are, and how essential to good government it is that citizens should know what their money goes for, and should be able to exert some effective control over the public expenditures. Where the rate of taxation in a town rises to a very high point, such as two and a half or three per cent, the prosperity of the town is apt to be seriously crippled. Traders and manufacturers move away to other towns, or those who would otherwise come to the town in question stay away, because they cannot afford to use up all their profits in paying taxes. If such a state of things is long kept up, the spirit of enterprise is weakened, the place shows signs of untidiness and want of thrift, and neighbouring towns, once perhaps far behind it in growth, by and by shoot ahead of it and take away its business.

[Sidenote: The "magic fund" delusion.] Within its proper sphere, government by town-meeting is the form of government most effectively under watch and control. Everything is done in the full daylight of publicity. The specific objects for which public money is to be appropriated are discussed in the presence of everybody, and any one who disapproves of any of these objects, or of the way in which it is proposed to obtain it, has an opportunity to declare his opinions. Under this form of government people are not so liable to bewildering delusions as under other forms. I refer especially to the delusion that "the Government" is a sort of mysterious power, possessed of a magic inexhaustible fund of wealth, and able to do all manner of things for the benefit of "the People." Some such notion as this, more often implied than expressed, is very common, and it is inexpressibly dear to demagogues. It is the prolific root from which springs that luxuriant crop of humbug upon which political tricksters thrive as pigs fatten upon corn. In point of fact no such government, armed with a magic fund of its own, has ever existed upon the earth. No government has ever yet used any money for public purposes which it did not first take from its own people—unless when it may have plundered it from some other people in victorious warfare.

The inhabitant of a New England town is perpetually reminded that "the Government" is "the People." Although he may think loosely about the government of his state or the still more remote government at Washington, he is kept pretty close to the facts where local affairs are concerned, and in this there is a political training of no small value.

[Sidenote: Educational value of the town-meeting.] In the kind of discussion which it provokes, in the necessity of facing argument with argument and of keeping one's temper under control, the town-meeting is the best political training school in existence. Its educational value is far higher than that of the newspaper, which, in spite of its many merits as a diffuser of information, is very apt to do its best to bemuddle and sophisticate plain facts. The period when town-meetings ware most important from the wide scope of their transactions was the period of earnest and sometimes stormy discussion that ushered in our Revolutionary war. Country towns were then of more importance relatively than now; one country town—Boston—was at the same time a great political centre; and its meetings were presided over and addressed by men of commanding ability, among whom Samuel Adams, "the man of the town-meeting," was foremost[3]. In those days great principles of government were discussed with a wealth of knowledge and stated with masterly skill in town-meeting.

[Footnote 3: The phrase is Professor Hosmer's: see his Samuel Adams, the Man of the Town Meeting, in "Johns Hopkins Univ. Studies," vol. II. no. iv.; also his Samuel Adams, in "American Statesmen" series; Boston, 1885.]

[Sidenote: By-laws.] The town-meeting is to a very limited extent a legislative body; it can make sundry regulations for the management of its local affairs. Such regulations are known by a very ancient name, "by-laws." By is an Old Norse word meaning "town," and it appears in the names of such towns as Derby and Whitby in the part of England overrun by the Danes in the ninth and tenth centuries. By-laws are town laws[4].

[Footnote 4: In modern usage the roles and regulations of clubs, learned societies, and other associations, are also called by-laws.]

[Sidenote: Power and responsibility.] In the selectmen and various special officers the town has an executive department; and here let us observe that, while these officials are kept strictly accountable to the people, they are entrusted with very considerable authority. Things are not so arranged that an officer can plead that he has failed in his duty from lack of power. There is ample power, joined with complete responsibility. This is especially to be noticed in the case of the selectmen. They must often be called upon to exercise a wide discretion in what they do, yet this excites no serious popular distrust or jealousy. The annual election affords an easy means of dropping an unsatisfactory officer. But in practice nothing has been more common than for the same persons to be reelected as selectmen or constables or town-clerks for year after year, as long as they are able or willing to serve. The notion that there is anything peculiarly American or democratic in what is known as "rotation in office" is therefore not sustained by the practice of the New England town, which is the most complete democracy in the world. It is the most perfect exhibition of what President Lincoln called "government of the people by the people and for the people."