The Government Class Book: A Youth's Manual of Instruction of the Principles of Constitutional ...

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Part II. Principles of Law

BY ANDREW W. YOUNG,

AvOtor <^ ^^Amerioan Statetman,^* " CitUen^t MoMual of Oavernment and Law,** etc,, tie.

KEW EDITION,

TBoaoDSHiiT RanoD

BT SALTER S. CLARK.

CommnXlor at Law,

NEW YORK:

Clark & Maynard, Publishers,

771 Bboadwat and 67 ft 80 Nihth St.

cr y

KARVASD COLLEGE LliHAIlY

0Y EXCHANGE FIOH

Ck>PTB!aHT, 1880. by Clark & Mayhabix

Preface

There is probably none to deny that the study of the principles of political science is a necessary part of a liberal education. But in a country where the people govern themselves we believe it is more than this: it is a necessary part of a common-school education. In the United States there is the strongest reason for this, for here not only do high and low alike elect their own law-makers and rulers, but they also establish their own constitutions and determine even the fundamental principles upon which they shall be governed. The danger of entrusting such power to the ignorant has not failed of illustration here, and lately. But having universal suffrage — for good or evil — there is but one resource, to teach the people how to govern themselves.

Nor is a knowledge of the principles of legal science less necessary to every person. The laws of man know as little of mercy as the laws of nature, in that they never admit ignorance as an excuse for wrong. It is a proof of the essential justice of our system of jurisprudence, that so many pass safely through life, totally ignorant of the law, and relying merely upon their own sense of what should be. And yet every day gives proof that ignorance is always dangerous. The study of such a work will not make a youth a lawyer, but it will fix in his mind a system oi broad principles, which cannot fail to be useful practically.

iv Pr^dce.

Though these facts are self-evident, this study has been heretofore strangely neglected. The aim of this book, in supplying a want believed to exist, is to present, in such form i^ to be used chiefly as a text-book for schools, abroad and comprehensive view of the principles of government and law in the United States (which are substantially the same throughout the country), and thus to teach the young the varied rights and duties of a citizen in relation to his government and his fellow-citizens.

The book is divided into two parts.

Part I., Principles of Government, is devoted (after a few chapters upon general principles), first, to government by the State, and second, to government^ by the Nation. It is here that the book is believed to have its chief advantage over others of its kind. In all that we have examined, either one or the other of these subjects has been neglected. Many jov.th have grown to manhood with so little appreciation of the political importance of the State, as to believe it nothing more than a geographical division; others have placed the State too high and failed to realize the power and dignity of the Nation. In reality, the National Government, on the one hand, is of far greater historic interest and permanent political importance, as really governing the future freedom or serfdom of the race. On the other hand, the State, which says whether the particuhir individual shall vote, what rights of property he shall have, and what shall be the punishment for his crimes, enters far more into the daily affairs of the single citizen, touches him at more points, and is therefore of greater temporary interest. Both subjects should be studied, and it is of especial importance at this time tkiit their relation to each other should be clearly presented to the youth of the land, for State rights and National rights have not yet finished tb^ir Qouflict,

Pr^ace. t

Part n.. Principles of Law, contains also two diyiaonSy the first one presenting the main principles which goyem the rights and duties of man to man in his eyery-day life, his varied rights connected with personal secnriiy, liberty, and property; and the second giving the roles by which the relations of nations to each other are regulated.

Thus the volume presents a general view of the position of the citizen in all the relations he may sustain in this country: to his fellow-citizen, to his State, to his Nation, and to foreign nations. Throughout the book the purpose has been to omit all details, so as not to injure the effect of the principle, even where a small untruth is implied for the sake of a larger truth.

The present revision has, it is thought, made extensive improvement, by changes and additions which the great events of the last few years have rendered necessary, by pursuing a more natural and logical order, with proper subordination of topics, by confining each paragraph of the chapter to a single subject and supplying it with a title, and by the addition of schemes, where appropriate, to be used as blackboard exercises, and of review questions for the use of both pupil and teacher. It is confidently hoped that the book in this revision may find as much favor as has been kindly shown it in the past.

New Yobk, June 21, 1880.

ANALYSIS OF COKTENTS.

Div. X — Oeneral Principlei ;

Div. H— State Oovemments ;

Sec. L — ^Introductory, Sec. II. — Legislatire Department, Sec. III. — Executive Department^ , Sec. IV. — Judicial Department.

Div. WL—Thib Vational Ooyemment; Sec. I. — Its Origin and Nature, Sec. II. — Legislative Department^ Sec. III.— Executive Department, Sec. IV. — Judicial Department, Sec. v.— Miscellaneous Proyisioo&

Pae^ U — Pbikgifles of Law;

Div. I — ^Municipal Law ;

Sec. I.— Civil Rights in General, Sec. II.— Contracts.

Sec. III.— Real Estate, Sec. IV. — Criminal Law.

Div. n. — ^Intemational Law ;

I Sec L — Peaceful Relations of Nations, ( Sec. II. — Relations of Nations in War.

Contents

PART I.

PRINOIPLES OF GOVEEli^MENT.

DIVISION I.

Geiosai. PbINCIPLS8.

PAOB

Chapter I. Mankind fitted for Society, Qoverament, and Law. 11 Chapter IL Rights, Liberty, and Law, classified 18

Chapter IIL Different Forma of Oovenunent 19

DIVISION n.

State GoYERNMiiarrB.

SECTION I— INTRODUCTORY. THKIB BASISr— THE CONSTITUTION: BLECTIONB* THREE DEPARTMENTS

Chapter lY. Constitutions: Their Nature, Object, and Establishment 23

Chapter Y. Qualifications of Electors 26

Chapter YI. Elections 28

Chapter YIL Division of Powers of Oovernment 81

SECTION H

LEGISLATIVE DEPARTHENT.

Chapter YUL Le^lature: how constituted 84

Chapter IX. Meetings and Organization 87

Ghapter X Maimer of Enactinij; Laws 40

VUl

Contents.

SECTION HL

BXECuTivjs DEPABTMBNT.

PAOB

Chapter XI. State Officers 45

Chapter XIL County Officers 49

Chapter XIII. Town Officers 54

Chapter XIV. Cities and Villages 56

Chapter XV. Taxes. 60

Chapter XVI. Education 65

Chapter XVIL Public Institutions 69

Chapter XVm. Militia 72

SECTION IV.

JUDICIAL DBPAKTMENT.

Chapter XIX Courts 75

Chapter XX. Legal Proceedings 79

DIVISION III.

Thb Nationai Goyebkment.

Chapter Chapter Chapter Chapter

Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter

SECTION L

XXI. Government before the Revolution 90

XXIL The Confederation 93

XXIII. The Union under the Constitution 97

XXIV. Constitution of the United States 100

Section II. Lboislattve Department

XXV. House of Representatives 124

XXVI. Senate 128

XXVII. General Legislative Regulations 181

XXVIII. Powers of Taxation 183

XXIX. Power to Regulate Commerce 186

XXX. Other Powers relating to Peace 140

XXXI. Powers relating to War ;. 147

XXXII. Prohibitions on the United States ISJ

XXXIII. Prohibitions on the States ...155

Cordents.

IX

SECTION m.

EXECUTiVifi DEPARTMENT.

PAOB

Chapter XXXTV. President and Vice-President : Election,

Qualifications, etc 160

Chapter XXXV. Powers and Duties of the President 163

Chapter XXXVI. Auxiliary Executive Departments 168

Section IV. Judicial Department

Chapter XXXVEL National Courts and their Turisdictlon .... 171 Chapter XXXVIII. Treason 176