militia of the States. It provides also for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasion. The term of service in such cases may be nine months in the year. In the Civil War, the militia of Ohio were called into the National service three several times. Furthermore, the President is the Commander-in-Chief of the militia. when they are employed in the National service, the same as of the regular troops (Constitution, Art. I., Sec. 8, Clauses 15-16; Art. III., Sec. 2, Clause 1).

291. Importance of the Foregoing Duties. It is evident from the foregoing that a State, as Ohio, stands in a very important relation to the Union. If the States should refuse or neglect to elect Representatives and Senators, there would be no Congress. If they should refuse or neglect to appoint Presidential Electors, there would be no President or Vice-President. either emergency, the Union would fall to pieces. No better proof than these facts can be given that the State Governments are indispensable to the existence of the National Government.

In

292. Compensation to the State. The States are richly compensated by the Union for their cooperation in carrying on the National system. This single provision of the Constitution is of itself an ample return: "The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application by the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence." (Art. IV., Sec. 4.) It is the Union that makes the people of the States a great nation.

We have now finished our survey of the Government of Ohio. All features of that government have been touched upon. It is very evident that, by itself, this government would be exceedingly imperfect. Many powers, and some of the most important powers, that are called for by the needs of society we have not found in the survey. We have found nothing about foreign relations or foreign commerce, nothing about an army or a navy, nothing about the mails and postoffices, nothing about coining money and regulating its value, and many other things that belong to government in the full sense of that term. Where are these missing powers? The answer is, They belong to the other half of our Federal System of Government. In other words, these missing powers are vested in the Government of the United States, which forms the subject of Part III. of this work.

PART III.

The Government of the United States.

CHAPTER XXVII.

THE MAKING OF THE GOVERNMENT.

The American Government. Sections 66-222 inclusive. The United States, both as forty-five individual States and as a Nation, are an outgrowth of the Thirteen English Colonies planted on the eastern shore of North America in the years 1607-1732. The process by which this change was effected, will be briefly described in this chapter.

293. The Colonial Governments.-The Kings of England gave to the companies, proprietors, and associations that planted the Colonies certain political powers and rights. These powers and rights were formally granted in documents called charters and patents; they were duly protected by regular governments, and so became the possession of the people of the Colonies. While differing in details, these governments were alike in their larger features. There was in every Colony (1) an Assembly or popular house of legislation; (2) a Council, which served as an upper house of legislation in most of the Colonies and as an

advisory body to the governor in all of them; (3) a Governor, and (4) Courts of Law. The members of the assembly were chosen by the qualified voters. The members of the council and the governors were elected by the people in Connecticut and Rhode Island, and were appointed by the proprietors in Maryland and Pennsylvania, and by the king in the other colonies. The judges were generally appointed by the king or his representatives. Powers of local government were distributed to local officers in every Colony.

294. The Home Government. - The Kings who granted the charters and patents, for themselves and their descendants, guaranteed to their subjects who should settle in the Colonies and their children, all liberties, franchises, and immunities of free denizens and native subjects within the realm of England. Previous to the troubles that led to the Revolution, the Home government commonly left the Colonies practically alone as free states to govern themselves in their own way. Still they were colonies. The charters enjoined them not to infringe the laws of England, and Parliament passed an act expressly declaring that all laws, by-laws, usages, and customs which should be enforced in any of them contrary to any law made, or to be made, in England relative to said Colonies, should be utterly void and of none effect. Moreover, the power to decide what was so contrary the Home government retained in its own hands.

295. Dual Government.—Thus from the very beginning the Colonies were subject to two political authorities; one their own Colonial governments, the other the Crown and Parliament of England. In other words, government was double, partly local and partly general. This fact should be particularly noted, for it is the hinge upon

which our present dual or federal system of government turns. The American, therefore, as has been said, has always had two loyalties and two patriotisms.

296. Division of Authority.—In general, the line that separated the two jurisdictions was pretty plainly marked. It had been traced originally in the charters and patents, and afterwards usage, precedent, and legislation served to render it the more distinct. The Colonial governments looked after purely Colonial matters; the Home government looked after those matters that affected the British Empire. The Colonies emphasized one side of the double system, the King and Parliament the other side. There were frequent disagreements and disputes; still the Colonists and the Mother Country managed to get on together with a good degree of harmony until Parliament, by introducing a change of policy, brought on a conflict that ended in separa

tion.

297. Causes of Separation.-The right to impose and collect duties on imports passing the American custom houses, the Home government had from the first asserted and the Colonies conceded. But local internal taxation had always been left to the Colonial legislatures. Beginning soon after 1760, or about the close of the war with France, which had left the Mother Country burdened with a great debt, Parliament began to enforce such taxes upon the people directly. These taxes the Colonies resisted on the ground that they were imposed by a body in which they were not represented or their voice heard. Taxation without representation they declared to be tyranny. At the same time, the acts relative to American navigation were made more rigorous, and vigorous measures were taken to enforce them. In the meantime the Colonies had greatly increased in