America Through the Spectacles of an Oriental Diplomat [11]
6, of the Constitution, "no Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time." A certain Senator was appointed by the President to a Cabinet office, but it happened that the salary attached to that office had been raised during the time he was in the Senate, and so it was held that he could draw only the salary which was allowed before he became a Senator, and that he was not entitled to the increase which was sanctioned by Congress while he was in the Senate, although at the time he had not the slightest notion that the increase would ever affect his own pocket.
The relation of the states to the Federal Government is peculiar and unique. I will illustrate my point by correcting a mistake often made by foreigners in regard to the different provinces of China. It is generally assumed by Western writers that each province in China is self-governed, and that the provincial authorities act independently and in defiance of the injunctions of the Peking Government. The facts, however, are that until the establishment of the Republic, all the officials in the Provinces were appointed or sanctioned by the Peking Government, and that by an Imperial decree even a Viceroy or Governor could, at any moment, be changed or dismissed, and that no important matter could be transacted without the Imperial sanction. How does this compare with the states in America? Every American boasts that his state is independent of the Federal Government. All officials, from the Governor downward, are, in every state, elected by the people. Each state is provided with a Legislature consisting of a Senate and a House of Representatives, also elected by the popular vote. The state has very large, and almost absolute, legislative and executive powers, and is competent to deal with all matters not reserved by the Constitution for the Federal Government. Each state is also independent of every other state. The criminal and civil laws, including all matters pertaining to the transfer of and the succession to property, as well as marriage, divorce and fiscal laws, are within the scope of the state administrations. The authorities of each state naturally do their best to make their own state as populous and prosperous as possible. Thus in some states the laws concerning divorce, corporations, and landed property, are more favorable than in other states. A person, for example, unable to obtain a divorce in his own state, can, without difficulty, attain his object in another state. What is expressly prohibited by statute in one state may be perfectly legitimate in the neighboring state. It is the same with the local taxes; fees and taxes are not uniform; in one state they are heavy, while in another they are comparatively light. A stranger would naturally be surprised to find such a condition of things in a great nation like America, and would wonder how the machinery of such a government can work so well. Nevertheless he will find that everything goes on smoothly. This can be explained only by the fact that the inhabitants of one state often remove to other states, and by commercial and other dealings and social associations they mix together, so that, notwithstanding the dissimilarity of conditions in different states, the people easily adapt themselves to the local surroundings, and, so far as I can find, no friction or quarrel has ever arisen between two states. However, would it not be better for all the states to appoint an interstate committee to revise and codify their laws with a view to making them uniform?
Foreigners living in America sometimes find themselves at a disadvantage, owing to the state being independent of the control of the Federal Government. This point can be better illustrated by a case which happened some years ago in one of the states. A foreigner, who was the subject of a European country, was attacked by a mob, and
The relation of the states to the Federal Government is peculiar and unique. I will illustrate my point by correcting a mistake often made by foreigners in regard to the different provinces of China. It is generally assumed by Western writers that each province in China is self-governed, and that the provincial authorities act independently and in defiance of the injunctions of the Peking Government. The facts, however, are that until the establishment of the Republic, all the officials in the Provinces were appointed or sanctioned by the Peking Government, and that by an Imperial decree even a Viceroy or Governor could, at any moment, be changed or dismissed, and that no important matter could be transacted without the Imperial sanction. How does this compare with the states in America? Every American boasts that his state is independent of the Federal Government. All officials, from the Governor downward, are, in every state, elected by the people. Each state is provided with a Legislature consisting of a Senate and a House of Representatives, also elected by the popular vote. The state has very large, and almost absolute, legislative and executive powers, and is competent to deal with all matters not reserved by the Constitution for the Federal Government. Each state is also independent of every other state. The criminal and civil laws, including all matters pertaining to the transfer of and the succession to property, as well as marriage, divorce and fiscal laws, are within the scope of the state administrations. The authorities of each state naturally do their best to make their own state as populous and prosperous as possible. Thus in some states the laws concerning divorce, corporations, and landed property, are more favorable than in other states. A person, for example, unable to obtain a divorce in his own state, can, without difficulty, attain his object in another state. What is expressly prohibited by statute in one state may be perfectly legitimate in the neighboring state. It is the same with the local taxes; fees and taxes are not uniform; in one state they are heavy, while in another they are comparatively light. A stranger would naturally be surprised to find such a condition of things in a great nation like America, and would wonder how the machinery of such a government can work so well. Nevertheless he will find that everything goes on smoothly. This can be explained only by the fact that the inhabitants of one state often remove to other states, and by commercial and other dealings and social associations they mix together, so that, notwithstanding the dissimilarity of conditions in different states, the people easily adapt themselves to the local surroundings, and, so far as I can find, no friction or quarrel has ever arisen between two states. However, would it not be better for all the states to appoint an interstate committee to revise and codify their laws with a view to making them uniform?
Foreigners living in America sometimes find themselves at a disadvantage, owing to the state being independent of the control of the Federal Government. This point can be better illustrated by a case which happened some years ago in one of the states. A foreigner, who was the subject of a European country, was attacked by a mob, and