WILLIAM GILPIN, FIRST GOVERNOR OF COLORADO TERRITORY. 9 MAP OF COLORADO TERRITORY IN 1861, SHOWING ACQUISITIONS. 10 iv THE CIVIL GOVERNMENT OF COLORADO. CHAPTER I. INTRODUCTION. 1. "A State is a political community of free citizens occupying a territory of defined boundaries, organized under a government sanctioned and limited by a written. constitution, and established by the consent of the people. Each State or Commonwealth maintains a republican form of government, which is guaranteed by the United States." In an analysis of the above definition the following points are prominent : (1) The Land, (2) The People, (3) The Laws, (4) The Government. The civil government of Colorado, or of any State, must consider the people as an organized unit, having a designated abode; and as having officers chosen to enact and administer laws according to the will of the people. The objects of civil government are (1) to secure justice and (2) to advance the interests of the common weal. 2. The Land. In this age, wandering tribes, held together by an identity of interests only, do not constitute a State. Since the introduction of agriculture the people have become more and more attached to some particular locality. A fixed abode has fostered the home and family sentiment. The land, then, as the theatre of the people's activities, is one of the permanent elements of the State. The name Colorado designates not only the political organization of free citizens, but also the land comprised within certain specified limits.' The character of the land-its fertility, resources, location and extent-determines the occupations of the people. The occupations of the people, together with their former training, determine the form of government for the State. A State with fertile soil and favorable climate, extensive forests of timber, and vast stores of minerals, requires a form of government and special laws that will regulate agriculture, lumbering and mining. The special laws of a State containing a navigable river will probably pertain to commerce. The chief resources of Colorado are (1) fertile soil and (2) a great variety of minerals. These resources indicate the occupations of the people, and the occupations in turn indicate the special character of the laws of the State. 3. The People.-The habits and customs of the people, their former political training and education, modified by the physical environment, indicate the peculiar form of laws which a free State will possess. Many States contributed to the pioneer population of Colorado. The Middle States east of the Mississippi, especially central and southern Illinois, furnished the largest number, hence the political ideas of the people from those States have been re-enacted in this State. Even after the government has been organized the subsequent laws at any given time will depend on the training, temper and needs of the people who constitute the 1 See Constitution, Art. I. citizenship of the State. The laws of Colorado differ from those of Massachusetts; those of California, from those of Iowa. They differ because the people have different needs, and have different ideas concerning laws. It is necessary to study the history of the people as a basis for any work on civil government. 4. The Laws.-The laws of Colorado are either enacted directly by the people or indirectly by the representatives of the people. The people enact the organic or fundamental law of the State. This law is called the Constitution. It describes the framework of the government, the powers and duties of officers and the rights of the people. The Constitution can be changed only by the will of the people; no officer can change it. The Constitution provides for its own amendment by the people, that it may be adequate for the constantly widening demands of society. Throughout the Constitution such expressions as, “ unless otherwise provided by law " and " as shall be provided by law" occur frequently. In this way authority is given to the General Assembly to enact laws indirectly for the people. These are called statutory laws. They must not conflict with the organic law enacted directly by the people. Statutory law, especially that enacted by the first General Assembly, is very important. Many of these laws provide for the regulation of mining, irrigation, agriculture and stock-raising, for, next to the freedom of the people, these are the subjects of greatest importance. The laws of the State are constitutional law, the statutory laws, the interpretation of the courts, and that which cannot be expressed in written form-the character of the people. It should be understood that back of the laws, to give them authority, and back of the government to make it efficient, is the will of the people. 5. The Government.-By means of the ballot the people elect representatives or officers. Theoretically, officers are only individuals in the State; practically, however, while invested by the people with civil authority they constitute the government. The government is concerned with enacting, administering and interpreting laws. While acting as the government, officers are held strictly responsible for their official acts. They may be impeached and tried for malfeasance in office. 6. The Constitution and the laws of Colorado must not conflict with the Constitution and the laws of the United States; but the government of the State is supreme within its sphere. Questions of National policy often overshadow local questions, but home government in the school district, in the county and in the State has more to do than National government in matters connected with the home, the family, and the daily life of the citizen.' Through a thorough understanding of local affairs the citizen more readily comprehends the needs of the National government. Active participation in the government of small local units should be the watchword of every citizen. It is only in this way that this will be "a government of the people, by the people, and for the people." 1 "It will not be denied that the State government touches the citizen and his interests twenty times, where the National government touches him once."-JAMES A. GARFIELD. "An American may, through a long life, never be reminded of the Federal government, except when he votes at presidential or congressional elections, lodges a complaint against the post-office, and opens his trunk for a custom-house officer on the pier at New York when he returns from a tour in Europe. His direct taxes are paid to officials acting under State laws. The State, or a local authority constituted by the State statutes, registers his birth, appoints his guardian, pays for his schooling, gives him a share in the estate of his father deceased, marries him, divorces him, entertains civil action against him, declares him a bankrupt, hangs him for murder. The police that guard his house, the local boards which look after the poor, control highways, impose water rates, manage schools--all these derive their legal powers from the State alone."-BRYCE'S American Commonwealth. |