1. Why does the Constitution require that the President shall be a native of the United States?
2. Who is now President, and of what State is he a citizen?
3. When was he elected?
4. Should the President be eligible for reelection?
5. Do you think he should have the veto power?
6. Of what use is a passport in traveling?
7. What is internal revenue?
8. What was the principal cause of the national debt?
9. How many soldiers, including officers, in the army of the United States?
10. Of what value are the weather reports?
11. Why is it right for the government to grant pensions?
12. Why should a census be taken?
13. What is the population of the United States, and what the population of this State, by the last census?
14. What is meant by conducting a suit before the supreme court?
Resolved, That the President and the Vice President should be elected by the popular vote.
JUDICIAL DEPARTMENT.
The judicial department is one of the three great departments of the government, being coordinate with Congress, the legislative power, and with the President, the executive power. The principle of three coordinate departments of government is new, the United States being the first nation that ever embodied it in its constitution.
The judicial system of the United States includes the Supreme Court of the United States, the circuit courts of appeals, district courts, the courts of the District of Columbia, the court of claims, the court of customs appeals, a territorial court for each of the Territories, and several commissioners' courts in each of the States.
JURISDICTION OF UNITED STATES COURTS.--The jurisdiction of United States courts extends to the following classes of suits at law:
1. To all cases arising under laws passed by Congress.
2. Those affecting ministers, consuls, and other agents of the United States and foreign countries.
3. Suits arising on the high seas.
4. All suits to which the United States is a party.
5. Controversies between a State and the citizens of another State.
6. Cases between citizens of different States.
7. Suits between citizens of the same State claiming lands under grants by different States.
8. Cases between a State or its citizens and a foreign State or its citizens.
It will be seen that all cases at law to which a State is a party must be tried in the courts of the United States. A direct suit can not be brought against the United States except by authority of a special act of Congress; nor can a suit be brought against a State by a citizen of another State, or by one of its own citizens, except by the special permission of its legislature.
SUPREME COURT OF THE UNITED STATES.--The Supreme Court of the United States is the highest judicial tribunal in the country. It consists of the Chief Justice and eight associate justices, nominated by the President and confirmed by the Senate. The country is divided into nine circuits, each represented by a Justice of the Supreme Court. The justices hold their offices during life, unless impeached; but they have the privilege of retiring upon full pay, at seventy years of age, provided they have served in the court for ten years. A quorum consists of any six justices, and if a majority agree upon a decision it becomes the decision of the court.
The court holds annual sessions in the Capitol building at Washington, beginning upon the second Monday in October. The annual salary of the Chief Justice is fifteen thousand dollars; that of the associate justices is fourteen thousand five hundred dollars each.
The Constitution of the United States creates and names the Supreme Court, and provides that the Judicial power shall be vested in it "and in such inferior courts as the Congress may from time to time ordain and establish."
JURISDICTION.--The Supreme Court has original jurisdiction in all cases affecting ministers, consuls, and other agents of the United States and foreign countries, and in cases to which a State is a party.
Most cases tried by it are brought before it upon appeals from the inferior courts of the United States. They involve chiefly the questions of jurisdiction of the inferior courts, the constitutionality of laws, the validity of treaties, and the sentences in criminal and prize causes. An appeal from a State court can be carried to the Supreme Court only upon the ground that the decision of the State court is in conflict with the Constitution or laws of the United States.
The peculiar province of the Supreme Court is to interpret the Constitution, and in all conflicts between a State and the nation the final decision rests with the Supreme Court of the United States. It may, and does, modify its own judgments; but until it modifies or reverses a decision, it is final, and from it there is no appeal. Whether its decree be against a private citizen, a State, the Congress, or the President, that decree is "the end of the whole matter," and must be obeyed.
The Supreme Court is more admired and praised by foreign critics than is any other of our institutions. It is conceded by all to be one of the strongest and best features in our system of government. In a free country like ours, such a tribunal is necessary to prevent the legislative and executive departments from trespassing upon the Constitution, and invading the rights of the people. Therefore the Supreme Court of the United States has been appropriately called "the balance-wheel in our system of government."
UNITED STATES CIRCUIT COURTS OF APPEALS.--Each United States circuit embraces several States, and has two or more circuit judges. One justice of the Supreme Court is also assigned to each circuit. There are nine circuit courts of appeals, one for each United States circuit. All appeals from the district courts must be made to the circuit courts of appeals, except in cases expressly provided by law to be taken direct to the Supreme Court; but provision is also made for appeal from the decision of the circuit courts of appeals to the Supreme Court in certain classes of cases.
UNITED STATES DISTRICT COURT.--Each State has one or more United States district courts, each presided over by a district judge. The district court has both civil and criminal jurisdiction in all cases under the national law which are not required to be brought in other courts. Before 1912 there were so-called "circuit courts" usually held by the district judges, for the trial of certain important kinds of cases; but these were abolished by an act of 1911.
In each State a large majority of the civil and criminal cases must be tried and finally decided in the State courts. However, among the important cases tried in United States courts are those concerning patents, copyrights, and bankruptcy, those involved in the regulation of interstate and foreign commerce, and offenses committed against the postal and revenue laws.
Interstate commerce cases are often in the form of appeals from the orders issued by the interstate commerce commission, fixing the freight and passenger rates of railroads, etc. Such a case is heard by three judges sitting together, and an appeal from their decision can be taken directly to the Supreme Court.
If the circuit and district judges desire, they may retire upon full pay at the age of seventy, after ten years of consecutive service.
COURT OF CUSTOMS APPEALS.--The customs court consists of a chief judge and four associate judges. It decides disputes over the rates of duty payable on imported goods. It holds sessions both at Washington and in other cities.
COURT OF CLAIMS.--The court of claims holds its sessions at Washington, and consists of a chief justice and four associate justices. It hears and determines claims against the United States. No one could bring suit against the national government without permission from Congress; but a person having a claim against it may submit the claim to the court of claims for trial, and, if the claim is declared to be legal and just, it is almost always paid by act of Congress.
OTHER COURTS.--The District of Columbia has six supreme court justices and three justices of a court of appeals. Their jurisdiction is similar to that of the United States district courts and circuit courts of appeals, but is confined to the District of Columbia.
Territorial courts consist of a chief justice and two associate justices, who hold their offices for a term of four years, unless removed by the President. A territorial court holds its sessions in the Territory for which it is constituted, and has jurisdiction of cases arising under the laws of Congress and the laws passed by the territorial legislature.
Appeals are taken from the courts of the District of Columbia and from the territorial courts to the supreme court of the United States.
A United States commissioner's court consists of a commissioner appointed by the judge of the district court. The chief duties of this court are to arrest and hold for trial persons charged with offenses against the United States, and to assist in taking testimony for the trial of cases. A judge of a State court or a justice of the peace may act as United States commissioner, but while engaged in such duties he is an officer of the United States, and not of the State.
TERM OF SERVICE.--Justices of circuit courts, district courts, the customs court, the court of claims, the courts of the District of Columbia, and of the territorial courts, are appointed by the President and confirmed by the Senate. The justices of these courts, except of the territorial courts, hold their offices during life, unless impeached. This life tenure of office, and the provision that a salary of a justice shall not be reduced during his term, render the courts of the United States independent of Congress and public opinion, and tend to preserve the purity and dignity of their decisions.
The salary of a judge of the circuit court is seven thousand dollars; that of a judge of a district court is six thousand dollars; that of a judge of the customs court is seven thousand dollars; and that of a justice of the court of claims is six thousand dollars, except the chief justice, who receives six thousand five hundred dollars.
OFFICERS OF COURTS.--The United States district courts have grand juries and trial juries, who perform duties similar to those of juries in State courts. With the consent of the Senate, the President appoints for each district a United States district attorney and a United States marshal.
The district attorney represents the United States in all civil cases to which it is a party, and is the prosecuting officer in criminal cases.
The marshal is the executive and ministerial officer of the court, with duties similar to those of a sheriff.
The Supreme Court of the United States appoints a reporter, who reports--that is, edits and publishes--its decisions. This court also appoints its own marshal. The decisions of the district court are reported by the Judge, or by an attorney under the judge's sanction. Each court appoints a clerk, who keeps a record of its proceedings; gives a history of each case; notes all orders, decisions, and judgments; has charge of all money paid; and keeps and fixes the seal of the court.
The circuit courts of appeals appoint their own marshals and clerks. The duties of these officers are similar to those performed by the marshal and clerk of the Supreme Court. The circuit courts of appeals have no reporters.
1. Who is chief justice of the United States, and of what State is he a citizen?
2. Why should a judge hold his position during a long term of years?
3. This State is a part of what United States circuit?
4. What justice represents this circuit in the supreme court?
5. Who is judge of the United States district court of this district?
6. Why can no person bring suit against the United States except by special act of Congress?
Resolved, That the jury system should be abolished.
Government is defined as rule or control. It is that which governs, and also the act of governing. In its political sense, it means the supreme authority of a State or other political community, or the act by which this authority is applied. It is sometimes said to be a system of institutions for the restraint of people living in the social state or social condition.
The word govern is derived from a Latin word which first meant to steer the ship, and then very naturally came to mean to guide, to direct, to command.
"The comparison of governing with steering is a very happy one," for the interest of him who steers is the same as that of the people in the ship: "all must float or sink together." So the interest of those that govern, of those that guide "the ship of state," as we often express it, is the same as that of the people.[1]
ORIGIN AND NECESSITY.--The origin of government is unknown; its beginning can not be traced. People everywhere, in all the varying degrees of civilization, recognize the necessity of a supreme authority, to whom all owe and render obedience.
Men can not long live in the same vicinity without some kind of political organization. Without some sort of government--that is, some supreme power to settle disputes--the people would be in continual warfare; there could be no security to person or property; each individual could look to himself alone for safety; "his hand would be against every man, and every man's hand against him."
Wherever men are found they live under some form of government, however rude and imperfect. In all parts and in all ages of the world they have seen the necessity of some power to protect the weak and restrain the strong, and have therefore set up a supreme authority for the common welfare.
A body of people living under government is called society, and the agreement existing between them, for their common welfare, is called the social compact. Men are so constituted that society is necessary to their happiness. Therefore they seek the social state and join the social compact, thus agreeing to be governed by law and order.
FOR THE PEOPLE.--Government is for the people, and not for the rulers. Officers, the highest and the lowest, are merely the servants of the people.
All governments derive their just powers from the consent of the people, and are established and maintained for their good. All powers which are exercised without the consent of the people are unjust and tyrannical.
KINDS.--Government is of two kinds, civil and military.
Civil government is the government of civil society, or the government of the people in a peaceful state.
Military government is the government of men in a state of war. It prevails in the army and the navy, and sometimes in districts which are the scenes of military operations.
Military government is conducted by the rules of martial law, and in its penalties and exactions is much more severe than civil government.
There are many forms of civil government, but they may be reduced to three principal systems:
1. Monarchy: government by one person.
2. Aristocracy: government by a few persons.
3. Democracy: government by the people.
Every government is either one of these forms or is composed of two or more of them.
MONARCHY.--A monarchy is a government whose chief authority is vested in one person, usually called king, queen, emperor, empress, or prince. Monarchies are absolute or limited.
In an absolute monarchy there is no limit to the power of the monarch; his wishes are the laws of the people. The people are his property, and in his person are combined all the powers of government, legislative, executive, and judicial. Russia is the only civilized nation whose government is still an absolute monarchy.
In a constitutional monarchy the sovereign, or chief ruler, must govern by laws made by a representative body elected by the people. England and Germany are constitutional monarchies.
In an hereditary monarchy the sovereign inherits the ruling power, usually from his father.
In an elective monarchy the sovereign is elected for life, usually by the dignitaries of other nations.
A patriarchy is a monarchy in which the chief power is exercised by a patriarch, or father. The authority of the patriarch is confined to his tribe. This form of government was common in ancient times, before tribes were combined into nations.
A theocracy is a monarchy whose rulers claim to be under the direct guidance of God. The government of the ancient Hebrews was a theocracy.
ARISTOCRACY.--An aristocracy, sometimes called oligarchy, is a government in which the supreme authority is vested in a privileged few, distinguished by their wealth and social position.
The privileged class are usually called nobles. They are above the common people in rank and bear titles of honor. These titles are mostly inherited, but are sometimes conferred upon persons by the sovereign.
An aristocracy never exists by itself; it is always combined with some other form of government, usually with a constitutional monarchy. The government of England is partly aristocratic; the House of Lords, one of the bodies of Parliament, being composed of nobles.
DEMOCRACY.--A democracy is a "government of the people, by the people, for the people." It is a government by many, instead of by one or by a few. Hereditary titles are inconsistent with democratic government, and therefore never exist in a democracy.
A pure democracy is a government conducted by the people in person. It is practicable only in a political community so small that all the people may assemble at the seat of government. The New England "town meeting" is almost the only example of a pure democracy in the world at the present time; certainly the only example in the United States.
A republic, or representative democracy, is a government conducted by representatives elected by the people.
The United States, Mexico, France, Switzerland, and all South American nations are republics, and the republican principle of government is growing in popularity throughout the civilized world.
No form of government is equally good for all peoples. A certain form may be good for one country and bad for another country. A republic, which is the best government for a well-educated and virtuous people, is the worst for an ignorant and depraved people.
The excellence of a republican government depends upon the knowledge and virtue of its citizens. The people are the rulers, and, if they are wise and virtuous, they will rule well; if they are ignorant and depraved, they will rule ill. Therefore the hope of a republic like ours is, that its people will continue to grow wiser and better.
[1]Fiske's Civil Government of the United States.
1. Why is military government more severe than civil government?
2. Could society exist without law? Why?
3. Why is a republic a bad form of government for an ignorant people?
4. Are the people of the United States growing wiser and better?
5. Is this State improving in civilization?
The object of government is to protect the people, and to render justice to them. Justice is the security of rights. A right is a well-founded claim; that is, a just claim of one person upon other persons.
Rights are the most important things that a person can possess, because his happiness depends upon them. They are real things, for whose protection governments are instituted. The kind and extent of the rights recognized and protected in any country determine the form of its government. As a rule, there is more freedom among citizens of a republic than among those of other governments, because a republic guarantees more rights.
People have many rights, and they have as many duties. Each right given to a person is a trust placed in his hands for him to discharge. A right implies a duty, and a duty implies a right. Rights and duties go hand in hand. For example, children have a right to the protection of their parents, and this implies that it is the duty of children to obey their parents.
CIVIL RIGHTS AND DUTIES.--Rights and duties are civil and political. Civil rights are sometimes called inalienable rights, because they can not be justly taken away except as a punishment for crime. They are chiefly those rights with which we are endowed by nature. They are not conferred by any earthly power, but are given to every human being at his birth. They are called civil rights, because they belong to the citizen in his ordinary daily life. Among civil rights are:
1. The right to personal security; that is, the right to be free from attack and annoyance;
2. The right of personal liberty; that is, to go when and where he pleases, provided he does not trespass upon the rights of others; and
3. The right of private property; that is, the right to use, enjoy, and dispose of what he has acquired by labor, purchase, gift, or inheritance.
The greater part of these rights belong to men whether living in society, that is, under government, or living without government. Their natural rights are more extensive without society than with it, but are far less secure. Without government natural rights are unlimited; each person may lay claim to all land and to all it produces, provided he is strong enough to maintain his claim by force.
When men join the social compact, they agree to abandon some of their natural rights, in order to be protected by the government in those which they retain; that is, each person agrees that in making his own claims he will have due regard for the similar claims of others.
In entering the social compact, men also agree to submit their personal claims to settlement by the law, instead of going to war to maintain them. They agree to refer their disputes to courts established for that purpose. As a rule, under government, right prevails; without government, might prevails.
Civil rights are divided into industrial rights, social rights, and moral or religious rights.
INDUSTRIAL RIGHTS AND DUTIES.--It is the right and duty of each person to provide in his own way, providing it is legal and honest, for himself and those dependent upon him. All business transactions; the search for homes, comforts, and wealth; agriculture, manufacturing, mining, and commerce; the conduct of all professions, occupations, and industries; the interests of farm laborers, operatives in factories, miners, clerks, and all persons engaged in mental or physical labor, are based upon industrial rights and duties.
The wages of people, the hours of labor, railway and telegraph lines, canals, express companies, other common carriers, the various kinds of employment, and the organization of men in different branches of industry to advance their interests, are questions affecting industrial rights. These rights underlie all efforts of people to improve their financial condition.
SOCIAL RIGHTS AND DUTIES.--Each member of society has rights as such, and these are called social rights. They include the rights of personal security and protection. They underlie all efforts for the improvement of the social condition of the people. Society is interested in better schools, in public health, in the reformation of criminals, in good highways and streets, in safe buildings, in well-lighted cities and villages, in the maintenance of charitable institutions, in the establishment of sources of harmless amusement, and in the preservation of peace and order.
The comfort and convenience of the public are even more important than the comfort and convenience of any person. Therefore, individual rights must yield to public rights when the two conflict. For example, the land of a private citizen may be condemned by the proper authorities, and be used for public highways or other public purposes. The government pays the owner of the property condemned, but usually less than his estimate of the value.
This right of society, existing above the right, of any of its members, is called the RIGHT OF EMINENT DOMAIN. By it individual rights must yield to the rights of society, of the government, or of a corporation. A corporation is an association of individuals authorized by law to transact business as a single natural person. Railway companies, banks, chartered cities and villages, and the counties of some States are corporations.
MORAL RIGHTS AND DUTIES.--Man is a moral being; that is, he is conscious of good and evil. Therefore he has moral rights and duties.
He has rights of conscience, with which it is not the province of government to interfere. He naturally worships a Being superior to himself, and feels the obligation to deal justly with his fellow-men. He has a right to do and say all things which are not unlawful or wrong within themselves. It is his right to worship when he pleases, whom he pleases, and as he pleases.
The moral rights and duties of the people are concerned in the maintenance of religion, the support of churches, in reverence for things sacred, in acts of charity and benevolence, in living an upright life, and in teaching lessons of morality, honesty, industry, and usefulness. Whatever is implied in the word ought, correctly used, is a moral duty.
POLITICAL RIGHTS AND DUTIES.--By the social compact, men also agree to abandon a part of their natural rights in order to participate in the government. They agree in part to be governed by others, in order that in part they may govern others. The rights of participation in the government, such as voting and holding office, are called political rights, because they affect the public policy of society.
Political rights do not belong to men by nature, but are conferred by government. Within reasonable bounds, they may be enlarged or restricted without injustice. Since they are conferred by the government, the power to vote and to hold office is a privilege to be enjoyed rather than a right to be asserted.
In the United States the political rights of the people are carefully set forth in the Constitution. The smallest functions of government, such as the size and color of a postage stamp, or the employment of a page in the State legislature, touch the political rights of the citizen. Appointment and elections to public office, the enactment of laws, and the performance of public duties are questions of political concern.
Good laws, good administrations, and the perpetuity of the government itself, depend upon the manner in which the people discharge their public duties. A man who habitually fails to vote and to take interest in the political affairs of his country may be a good man, but he is certainly a bad citizen.
To be a good citizen is to aid intelligently in giving the people good government. For a man to hold himself aloof from politics, unless his action is based upon conscientious scruples, shows his interest in himself, and his lack of interest in his country.
1. Why does happiness depend upon the maintenance of rights?
2. How do persons born under government agree to be governed by the laws?
3. If the claims of people as to their rights conflict, how is the difference settled?
4. What is meant by the phrase "common carrier"?
5. Is it right for men to hold aloof from public affairs because there is corruption in politics?
Through law rights are secured, and the performance of some duties is enforced. Law is a rule of action, prescribing what shall be done and what shall not be done. Laws exist for the purpose of securing the rights of the people. The enjoyment of rights is liberty.
As the enjoyment of rights depends upon their security, and as they are secured by law, therefore liberty is based upon law. Without law there could be no political liberty, and the civil liberty of the people would be narrow and uncertain. It may be said, therefore, that there can be no true liberty without law; but laws may be so many and so stringent that there can be no liberty. Liberty and just laws are inseparable.
Liberty and rights are of the same kinds, industrial, social, moral or religious, and political. The words "rights," "law," and "liberty" are full of meaning, and in a free country suggest ideas of the deepest reverence.
ORIGIN.--The laws of the country are partly human and partly divine. They were framed by man, but some of them are based upon the laws of God. Some are of recent origin, and many are so ancient that their beginning can not be traced. When men began, to live in society, they began to make laws, for laws at once became necessary. Laws are undergoing constant changes, as new conditions arise and new customs prevail.
The moral law prescribes our duties to men, and also to God. It is summed up and revealed in the Ten Commandments, and is the same as the law of nature taught us by our consciences.
The common law consists of the principles and rules of action applied by the courts in cases not regulated by express legislative acts. It is the unwritten law which has been practiced for ages in England and the United States. In all States of the Union, except Louisiana, cases not covered by the acts of the legislature are tried by the common law.
The civil law is the law that prevailed among the ancient Romans. It is still in use among most of the nations of continental Europe. In Louisiana it is applied to cases not covered by the laws of the legislature. The words civil law are sometimes used to denote the law governing civil suits.
Statute law consists of the acts passed by legislative assemblies. The words are used to denote the opposite of common law. The enactment of a statute by a State legislature repeals the common law previously in force upon the same subject.
International law, often called the law of nations, consists of the rules and customs prevailing between civilized nations in their relations with one another. It is based upon the law of nature, the law of right and wrong.
Criminal law is the law governing criminal cases. It is partly common law and partly statute law. "Ignorance of the law excuses no one."
Parliamentary law consists of the rules and customs governing parliamentary assemblies. It prevails in all law-making bodies, in conventions and deliberative meetings.
Martial law is the law which regulates men in military service. It prevails in the army and the navy. The courts which apply it are called courts martial. Martial law is noted for its severity.
Maritime law, or marine law, is the law especially relating to the business of the sea, to ships, their crews, and navigation. The courts of maritime law are admiralty courts.
Commercial law is a system of rules for the regulation of trade and commerce. It is deduced from the customs of merchants.
COURTS.--Laws are administered, that is, explained and applied, by means of courts. A court is a body organized for the public administration of justice. A court may consist of a single judge or justice, or of a number of judges acting together.
A court can administer the laws only in cases which are brought before it. The highest court in the land can not make an order or render a judgment until the question comes to trial in a regular way.
SUITS.--Suits at law are called causes, cases, or actions.
A civil cause is a suit between persons, brought to recover rights or to secure compensation for their infraction.
A criminal cause is a charge brought by a State or by the United States against a person for the commission of a crime.
The plaintiff is the person who brings the suit. The defendant is the person against whom the suit is brought.
In all criminal cases in State courts, the State is the plaintiff; in other words, society prosecutes the offender in the name of the State. In criminal cases in the United States courts, the United States is the plaintiff.
JUDGES.--The judge represents the majesty of the law, and is often called the court. He maintains the dignity of the trial, determines the method of procedure, interprets the law, instructs the juries, renders judgment, and in criminal cases passes sentence upon the offender. Judges are presumed to be learned in the law, and to be perfectly just and impartial in their rulings.
JURIES.--Most of the courts of this country have two juries, called respectively, grand jury and trial jury (or petit jury).
The purpose of the grand jury is to investigate crime, and to present charges, called indictments, for trial by the court. The number of grand jurors to the court varies in different States, being not more than twenty-four and not less than twelve. The grand jury has a foreman, elected by it, or appointed by the judge of the court.
The grand jury inquires into violations of the law, and if, in the judgment of twelve jurors, the evidence in a particular case warrants a trial, a formal written charge is prepared, and the foreman indorses thereon, "A true bill." Upon this indictment the offender is tried by the court.
In a few States grand juries are rarely if ever called, the indictment being found "on information" or on evidence presented to a court commissioner.
A trial jury usually consists of twelve men, but in some States a smaller number may be accepted by the judge of the court, in certain cases, by the agreement of the counsel upon the opposing sides. The trial jury hears the testimony and argument, and then decides upon the truth of the facts in dispute, and renders a verdict or decision in the suit, and in criminal cases convicts or acquits.
In some States all the jurors must agree, or there is no verdict. In other States the jury may render a verdict by the agreement of less than the whole number of jurors. Under certain regulations a party to a suit may challenge, that is, reject, a part or all of the jurors, and have others selected in their stead.
ORIGIN OF JURIES.--Grand juries and trial juries are of great antiquity. It is thought that they existed among the Saxons in the north of Europe before they invaded and settled England, more than fourteen hundred years ago. The jury system and many other political institutions of the United States are derived from England.
Both the grand jury and the trial jury are firmly grounded in this country, being recognized, in the constitutions of nearly all the States and the Constitution of the United States, and are regarded as among the strongest supports of a free government.
OFFICERS OF COURTS.--Each court has one or more ministerial officers, variously designated as constable, sheriff, tipstaff, or marshal. Each court also has one or more clerks, and sometimes other officers. Attorneys are considered officers of the courts in which they practice. They usually represent the plaintiff and the defendant in court and are then called counsel.
LEGAL PROCEEDINGS in civil cases begin by the court issuing a writ, at the instance of plaintiff, summoning defendant to appear. The defendant responding, pleadings are filed--the claims of plaintiff, and answer or demurrer of defendant. If these disagree as to facts, the court subpoenas witnesses. In the presence of judge and jury, the plaintiff states his case and the defendant his defense, witnesses are examined and cross-examined, and the case is argued. The judge then charges the jury--summarizing the evidence and indicating points to be decided; the jury retire to prepare their verdict, which is announced and recorded as the judgment of the court.
In criminal cases the accused may be arrested on a grand jury indictment or a magistrate's warrant. Unless the crime is murder, the accused may be released upon bail until trial, which proceeds as in civil cases.
1. Why does the State prosecute offenses, instead of leaving this duty to private persons?
2. What is meant by passing sentence upon an offender?
3. Do you believe in the jury system, or in the trial by several judges sitting together? Why?
4. Have you ever seen a court in session?
5. In this State a grand jury has how many members?
SUFFRAGE.--The most important political right is the right of suffrage; that is, the right to vote. As the government exists for the benefit of the governed, the purpose of suffrage is to place it under their control. It gives each qualified voter a voice in public affairs, and places the country under the rule of the people.
As the interests of the voters and their families are the same, and as the voters represent these interests, the whole people, including women and children, have an influence in the government. The whole machinery of the State and of the United States is in the hands of those who do the voting.
IMPORTANCE.--The importance of this right can scarcely be overestimated. It constitutes the difference between a free country and a despotism. There can be no freedom unless the right to vote resides in the people; nor can there be good government unless this right is exercised with an intelligent regard for the public welfare. Yet vast numbers of voters never realize the power they wield or the great responsibility it entails upon them.
ELECTIONS.--The right of suffrage is exercised by means of elections. An election is the direct method of ascertaining the will of the people upon public affairs. They are held for the purpose of giving the people opportunity to express their choice in the selection of officers, and thus to make known their will upon questions of public concern.
METHODS OF VOTING.--There are three methods of voting--viva voce, by ballot, and by machine. A man votes viva voce by announcing to the election officers the name of the candidate of his choice, and having it recorded upon the polling-list. A man votes by ballot by handing to the officers a slip of paper containing the name of the candidate voted for. The officers deposit the ballots in a box called the ballot-box. A voting machine has a knob or lever for each candidate, and is so arranged that the voter can record one vote.
The viva voce method was once considered the best; but voting by ballot or by machine has supplanted it generally in the United States.
The Australian system provides at each polling-place a private apartment, called a booth, where each voter in private prepares his ballot from a printed list of all the candidates, and then hands it to the officers, who deposit it in the ballot-box.[1]
OFFICERS OF ELECTIONS.--The officers of elections at each polling-place are usually two or more supervisors, inspectors, or judges; a clerk; and a sheriff, marshal, or other officer of the peace.
The supervisors or inspectors decide who are entitled to vote under the law, and in elections by ballot they deposit the ballots in the ballot-box.
The clerk makes a list of the names of voters, and when the election is viva voce he records the votes.
The sheriff or other peace officer preserves order at the polls, has charge of the ballot-box and polling-list after the election closes, and delivers them to the proper authorities.
In most States, at the close of the election the officers canvass, that is, examine the votes cast, and certify the number of votes received by each candidate.
In some States the ballot-box is sealed at the close of the election, and delivered to the canvassing board of the county. In such cases the canvassing board of the county canvasses the vote, and in State and national elections sends returns to the canvassing board of the State at the State capital.
In some States election officers are appointed by the county officers, usually by the county judge or probate judge; in other States they are elected by the people.
BRIBERY.--Bribery in elections is one of the serious evils of politics. Bribery is offering or receiving a reward for voting. In most States, in addition to other penalties, persons convicted of giving or taking bribes are disfranchised; that is, are not permitted to vote thereafter. In ancient Athens a man convicted of corrupting a voter suffered the penalty of death.
The selling of a vote is regarded as one of the most infamous crimes that men can commit. Not even the conviction of theft so lowers a man in public esteem as a conviction of selling his vote, for bribery savors of both theft and treason. To sell his suffrage is to sell his manhood, his country, and his convictions. Most men who sell their votes do it through ignorance; they are not aware of the enormity of the crime. He who knows its infamy, and yet barters his suffrage for money, is unworthy of the smallest trust, or even of the recognition of honest men.
[1]For details regarding this system see Chapter XIX.