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PART I

THE ESSENTIAL PRINCIPLES OF THE

AMERICAN GOVERNMENT:

THE SPIRIT

ADVANCED CIVICS

I

GOVERNMENT

Society and Government. Man is impelled by the nature of his being to seek the companionship of man. Just as instinct brings birds together in flocks and causes bees to swarm and buffaloes to roam in herds, so by instinct men come together and live in groups. This disposition of men to live in groups is described by the word social (socius), which in its origin means partaking of, sharing. A body of persons united by this social instinct, this desire to share and participate with others in the fortunes and misfortunes of life, is a society.

If man could live separate from all of his kind his freedom would be perfect; his conduct would depend entirely upon his own will and desires. But he cannot live thus. He must live in society, and in the social relation he must do things that he does not wish to do, and he must refrain from doing things that he wishes to do. Wild, unrestrained freedom would destroy the peace and safety of the social group. In every society, therefore, there are rules (laws) to be obeyed and rulers to enforce the rules. The authority which imposes rules upon the conduct of men and punishes those who disobey is government. The word government is derived from a Latin word (gubernare) which means to guide or steer or pilot a ship. The idea of piloting or guiding clings to the word government in all its uses. We may say, with exactness of language, that government pilots society safely through the sea of man's passions and cruelty and selfish

ness.

The manifold services of government will receive attention in another place (p. 235). Here it is enough to say that government lays its hands upon us in our infancy and is a guiding and controlling force all our lives. If it is wise and just and efficient it is an instrument of happiness; if it is foolish or tyrannical or incapable, it is an agency of misery. Our interest, therefore, in securing and maintaining a good government is direct and permanent.

The Evolution of the State. The governments of the earth as we see them to-day are the product of thousands of years of growth, revolution, and change. History does not give a clear account of the beginnings of government, but it takes us back to a time when society was extremely rude, and when government was a very simple affair. A study of early society reveals the following development of government:

I. The Family. At the dawn of history society was organized upon the basis of kinship and religion, and in this organization the family was the center of much governmental authority. At the head of the family, consisting of parents, children, grandchildren, servants, dependents, and adoptive members, stood the house-father (patriarch) as priest and ruler. The power of the father, or pater familias, over the lives and possessions of the members of the household was absolute. He could pronounce the death sentence upon a child, or could sell it into slavery. No member might marry without the consent of the father, nor could any member hold property in his own name. As far as the members of the family were concerned the father was the source of all authority.

II. The Tribe. We are not certain, however, that the government of the family was ever a sovereign government. A sovereign government exercises within itself all power and supreme power and is independent of and uncontrollable by any other government. There is no proof that the family was ever a government of this kind. No matter how far back we go, we always find evidence that the family was in

some way subordinated to a larger government which we may conveniently call the tribe, and which consisted of a union of families which had a common earthly ancestor, and which worshiped the same God. At the head of the tribe, as its chief and high priest, stood that kinsman who by birth was nearest to the common ancestor. The chief was assisted in matters of government by the heads of the families which composed the tribe.

III. The State. The last step in the evolution of government was taken when tribes coalesced and formed the nation or state. The earliest state was still organized on the basis of kinship, as the word nation (natus) indicates. There was still a remote ancestor who was the common forefather of every person in the nation, and a direct living descendant of this ancestor was the king of the nation by divine right. As society developed, however, and as social interests multiplied and social necessities grew more pressing, the claims of birth gave way to the claims of meritorious leadership, and the kingship was bestowed upon the one who was thought to be the most worthy and the most capable. With the formation of the state the king's council comes into prominence. This body consisted of the leading men of the state, chieftains of the tribes and the heads of distinguished families. The council advised the king, and its advice had the moral effect of a command. There appeared in the early state still another factor of government. This was the popular assembly. The freemen of the state made bold to attend the sessions of the king and council and make known the popular will in respect to public affairs. The king and council were not bound to act in accordance with the wishes of the popular assembly, yet a prudent king could not completely ignore the expressed will of the people.

In the organization of the early state described above, an organization which was completed almost at the dawn of history, we find an enduring pattern for all the governments which were to follow. In the highly organized state of today the presidency is a development of the ancient kingship,

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