Government of the State of Michigan: Embracing an Abstract of the Laws, and Showing the Duties ...

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Preface

The object of this work is to supply a want long felt and now fully recognized by the people. Books have been written on the science of government, which have gained admittance into our schools; and many of our youth have, in this way, gained much valuable information. They have learned some of the first lessons of civil government, and have been made acquainted with an outline of the government of the United Slates, but as yet they have not been supplied with that information concerning our own State government, and our own responsibilities and duties so important to enable us to act well our part as citizens.

If the succeeding pages of this work shall serve to impart a knowledge of our civil jurispnidence, and of the framework and machinery of our State Government, if they shall furnish a.n insight into our political institutions, then surely it will inspire in the hearts of those who study, them a devotion to those institutions ; and the more we know of them, the more shall we admire the wisdom and appreciate the statesmanship of the great and good men whose business it was to lay broad and deep the foundations upon which we, as a State, have built and are building.

TO TEACHERS -AND PUPILS.

In preparing the following work, the author has consulted with a number of prominent educators in the State, as to the best plan for presenting the matter contained therein. Whileall agree that it is desirable, in writing a text book, to employ such language as shall be comprehended by the youngest; student, yet, on the whole, it is believed to be better in a work of this kind, to use ordinary language, and even technical terms when such are used in the law books to which we have occasion to refer. These words and terms must, sooner or later, be comprehended; and, in the judgment of the author, it would be unwise to attempt to exclude them. But, for the benefit of the younger students, it has been thought advisable to print all words, the definition or meaning of which it is conceived may not readily occur to them, in italics. The definition of all such words will be given in an appendix arranged in alphabetic order, and to which the student can easily refer. This refrence, it is believed, will tend to fix thedefinition in the memory.

Some objection has been made to the introduction of questions; and that upon the ground that they are often so suggestive of the answer as to enable the pupil to respond correctly, though he may not have fully mastered the text. All this is true when the questions are leading ; but when this is avoided and the questions are so framed as to merely call attention to the subject under consideration, they serve a. most valuable purpose. Those things which the author deems important, are thus suggested to the teacher, who, in too many instances, it is feared, would otherwise pass over important matter without proper consideration.

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[For the definition of words printed in italics, see appendix.]

Chapter I. Of The Organization Of Government, And The Exercise Op

SOVEREIGNTV.

As the happiness of human beings depends largely upon the observance of certain rules or regulations in their relations with each other, and since some are unwilling to recognize and abide by these rules, it has been found necessary to -exercise power to enforce obedience to, and acquiescence in them.

To enable the people to defend their rights and to do right and justice, they unite together in a body politic; and when the people are so united and have agreed upon certain rules by which they are to be governed, we speak of such union, in its most enlarged sense, as a State. Bouvier defines a State as follows : " In its most enlarged sense, it signifies a self-sufficient body of persons united together in one cominunity for the defence of their rights and to do right and justice io foreigners^'

In a more limited sense, a State means the territory occupied by the united body of people, as, the Stale of Michigan.

In many countries the rulers are sovereign ; that is, they exercise control, authority and power as they see fit, regardless of the wishes or consent of the governed. But in this country no single individual has the right to exercise this power. Here the people choose their rulers, and, by written constitutions, define and limit their powers and duties.

Sovereignty, the supreme or highest power among men, in this country, resides in the people. This power, however^ the people authorize their officers to exercise, and, having instituted a, goverumeut, they have agreed to submit to and abide by certain rules and regulations ; have conferred power upon their offiers to enforce obedence to such rules and regulations.

Government is defined as, " the manner in which sovereignty is exercised in each State."

In every State there is either some individual or body of men whose duty it is to see to the enforcement of the laws ; and we sometimes refer to them as the government.

Quiestions — 'What is said in regard to the happiDess of human beings? What is a State, and for what purpose is it organized ? Give Boavier's definition of a State. What is a sovereign ? With whom does sovereign power reside in this country ? Who exercises the power of sovereignty in this country ? In what way and by what authority are the people required to submit to the power we call sovereignty ? What is government ? In what other sense do we sometimes use the word government ?

CHAPTER 11.

OF LAWS AND THEIR NECESSITY — RIGHTS AND DUTIES.

The rules of action adopted for the government of the people, are called laws. Hence a law is that which commands us what to do and forbids the things we are not to do.

If we disobey the law we are to suffer punishment.

The necessity of these rules or laws is apparent when we observe the natural inclination of individuals to do wrong ; or to do those things from want of judgment which operate injuriously.

The good of the individual requires that he observe certain rules. The child would often do those things that would endanger its person or its life if not restrained by parental authority, or would omit to do those things essential to its well being, unless compelled to do them. The pupil must observe the rules and regulations prescribed by the teacher, or he cannot expect to advance.

Laws are necessary to secure to us our rights and to protect us in the enjoyment of them. A right is a legal title or a just claim to anything. We have a right to life, a right to our earnings, and a right to act as we please, and to go where we please, provided we do not interfere with the rights of others.

These rights however are subject to certain restrictions or Ihnitations and may be forfeited^ or, when the public good requires it, may be taken from us. By violating the law we may forfeit our liberty and our property. If called up on to take up arms in behalf of the country, it is our duty to respond, and if needs be, to surrender our property and our lives.

As children are dependent upon their parents, they owe them certain duties, not the least of which is obedience to their commands. So with the citizen dependent upon the State for the protection of himself and his property ; he is bound to observe the rules prescribed for his conduct.

Q;tMStio7h% — What are human laws ? What do these laws command and what do they forbid ? What do we incar by the violation of law ? How is the necessity of law apparent ? What does the good of the individual require ? Give some illustrations. For what are laws necessary ? What is a right? Mention some of our rights. To what are these rights subject ? How may we forfeit our liberty and property ? What duty do we owe the country ? State one of the grounds on which obedience is a duty.

Chapter III. Of The Different Forms Of Government — Constitutions

AND THE PURPOSE THEY SERVE.

Different forms of government prevail in different countries. In those countries where the power to govern and make the laws, is vested in one person, we call the government a monarchy. Where the great body of freemen assemble together to make the laws and to transact the business of the State, we call the government a democracy.

Where the chief magistrate gets his power to rule by in- Jieritance, but has no power to make the laws, we call the government a mixed government, or a limited monarchy. Such is the government of Great Britian. The laws are framed by Parliament and when approved by the monarch become opercUive.

Where the people enjoy common rights and privileges, vre call the government a republic. Every State in the American Union is a republic.

A pure democracy and our American Republic differs in this, that in the former, the citizens assemble in a body to make thelaws, while in the latter, the people choose repreaen" idtives to act for them. Both are governments of the people and derive their powers from them.

The form of government in each of the United States is represented by a written constitution. These constitutions Are called the fundamental or political law. They are adopted AS the agreement of the people — as the framework of the government — and limit the power of the various departments.

Any act of the Legislature or of any officer of the State which conflicts with any of the provisions of the constitution is invalid. Thus the people are protected against enactments And usurpation of power by their public servants.

Questions — Are the forms of government the same in all countries? What is a monarchy ? What is a democracy ? What is a mixed government or limited monarchy ? What form of government has Great Britimn ? What is a republic ? What form of government have States of the American Union ? Wherein consists the difference between a democracy ■and a republic ? From whence do republics and democracies derive their power ? By what are the forms of government represented in the several •States of this Union ? By what names are constitutions sometimes called ? What is the object or purpose of constitutions ? How do they protect the {>eople ?

Chapter IV. Of The Territory Of Michigan — Admission Of Illinois

AND MICHIGAN AS STATES OF THE UNION — DIFFICULTY

BETWEEN OHIO AND MICHIGAN.

The Territory of Michigan was organized in 1805. For sometime previous to that date it had belonged to and formed a part of the Northwestern Territory, and the present State of Michigan formed a single county. The seat of government was at Chilicottee in the present State of Ohio.

The Territory of Michigan then embraced all the country on the American side of the Detroit river, east of a north and south line drawn through the centre of Lake Michigan.

In 1818 Illinois was admitted into the Union, and all the territory lying north of that State and Indiana, was annexed to Michigan.

In 1836, Wisconsin, which formed a part of Michigan was organized as a separate Territory.

Just prior to the admission of Michigan as a State, a dispute arose between the people of the Territory and the people of Ohio as to the boundary line between that State and this Territory.

In 1835 the people of Michigan assembled in convention and framed a constitution for a State government, and petitioned Congi'ess for admission into the Union, claiming as a part of her territory, the strip of country in dispute. Con. gress however decided in favor of Ohio, and gave to Michigan, in lieu of the strip claimed along its southern border^ about twenty-five thousand square miles of country, in what is now know as the Upper Peninsula, and in 1837 admitted it as a State.

Qtieiitions — In what year was the Territory of Michigan organized? To what Territory had it belonged for sometime previons to that ? Where was the seat of government ? What did the Territory embrace when first organized ? When was Illinois admitted into the Union ? What Territory was annexed to Michigan in 1818 ? In what year was Wisconsin organized as a Territory ? To what Territory did Wisconsin then belong ? In what year was Michigan admitted into the Union as a State ? What difficulty arose between the people of the Territory of Michigan and the people of Ohio in 1835, and how was it settled ? How many square miles of territory was given to Michigan in liea of that claimed on its southern border ?

16 CIVIL GOVERXMENT.

Chapter V. Of The Survey Of The Public Lands — Subdivisions Of

TOWNSHIPS AND SECTIONS.

The lands embraced within the territorial limits of Michigan, had been surveyed by or under the direction of the Surveyor General of the United States, before the State was admitted into the Union. The plan adopted in making this survey, was to draw two imaginary lines across the territory ; one East and West, and the other North and South. The line running North and South was called the principal meridian, and the one running East and West was called the base line. The principal meridian commences on the South line of the State, between the counties of Hillsdale and Lenawee and extends to the Northern extremity of the State. The base line commences at a point in the Western boundary line of the State, between the Counties of Allegan and Van Buren, and extends East to the Eastern boundary of the State. In making the survey of Michigan, the territory was divided into townships six miles square, and these were subdivided into thirty-six sections, of a square mile each, the townships being numbered in regular order East and West of the meridian line, and North and South of the base line. Thus, where the meridian and base lines intersect and cross each other, the township next North of the base line, and next East of the meridian line would be called " township number one North, in range number one East," while the township next East of it would be, " township nimiber two East, in range number one North." The following diagram will aid in explaining this :

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DIAGRAM SHOAVING HOW TOWNSHIPS ARE NUMBERED WITH REFERENCE TO THE MERIDIAN AND BASE LINES.

•

2 IE

Base

IN. 2 W.

Line.

m

1— 1

The sections contain six hundred and forty acres each, unless they are, as is sometimes the case, fractional. Sometimes a stream or a lake occupies a large portion of a quarter-section, and the part not so occupied we call "fractional."^ Sometimes in measuring the townships, the surveyors would, through the great difficulties they had to encounter in measuring the distances through the wilderness, swamps, and lakes,, and over the hills, include a little too much territory, or perhaps not quite enough. In such case, when the townships were subdivided into sections, and the measurements were made with more care, the subdivisions on the North and West sides of the townships were made to contain whatever was lefty more or less, so that all the other sections in the township should contain just six hundred and forty acres, each. The sections are numbered, commencing at the North-east

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corner of the townships, and for convenience, are subdivided into quarters ; and we frequently see lands described as a quarter of a quarter.

The following is a plan of a township, the subdivisions representing sections :

1 1 i

! 1

1 o

1 2-1

The United States government gave to Michigan, section sixteen, in every township, of the publijB lands, for the use of schools, and in addition thereto, seventy-two sections for the support of the State University.

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DIAGRAM OF A SECTIOX, SUBDIVIDED.

IV.

N. W. i Sec. 1. 1(>() acres.

i

1 1

•

E.iN.E i

Sec. 1. 80 acres.

N. W. i S. E. i

Sec. 1.

40 acres.

fi

Questions— What two lines were adopted as a basis for surveying the Territory of Michigan ? How was the Territory divided ? How many miles sqnare are the townships of Michigan ? In what way are the Townships designated ? "Will yon make a diagram explaining this ? How are the townships subdivided ? How many sections are there in a township ? How are they numbered and designated ? 'Will you make a diagram explaining this ? How many acres are there in a full section ? How are the sections subdiyided ? Are these subdivisions always uniform ? In what way are some of the subdivisions made fractional ? "Will you illustrate the subdivisions of sections by a diagram ? What is said of a grant from the United States of certain lands to this State ?

20 CIVIL GOVERXMENT.

Chapter VI. Government Of Michigan — Divisions Of The Powers Of

GOVERNMENT.

The powers of Government are divided into three departments : the Legislative, Executive and Judicial.

The Legislative department is that which enacts the laws for the government of the people, and its power is vested in a Senate and House of Representatives. The Senate has thirty-two members and the House of Representatives has one hundred members.

These officers are elected by the people, from districts into which the State is divided, and hold their offices for two years.

The Executive department of the Government is vested in a Governor, who is assisted hy such other officers as are necessary to carry out and execute the laws. Indeed, it is the business of this department to see to it that the laws are carried into effect.

The judicial department is that which administers justice according to the laws, and is composed of the different Courts of Justice. The Judges and Justices of the Peace are Judicial officers.

Q^e8tions — Into how maoy departments are the powers of goyemment divided ? Name them. What is the Legislative department ? How many members are there in each honse ? How are such members selected ?' How long do they hold their terms of office? In ^hom Ik the Executive department vested ? What is the special duty of this department ? What is the Judicial department ? Of what officers is this department coraposed

CHAPTER VIL

ELECTION OF STATE, COUNTY AND TOWNSHIP OFFICER;.

la order that the government may be adminiaterecl, it is necessary that officers should be elected for that x^urxjose. As the duties of some of these officers pertain to the whole State, we call them State officers; those whose duties are limited to the county, we call county officers ; and those whose duties are limited to, and pertain to the government of the townships, cities and villages, we call township, city or village officers, as the case may be.

Once in two years, on the Tuesday jsucceeding the first Monday in November, a general election is |ield throughout the State, at which the people choose, by ballot, their Governor, Lieutenant-Governor, Secretary of State, Superintendent of Public Instruction, State Treasurer, Ck>mmissioner of the Land Office, Members of the State Board of Education, Auditor General, Attorney General, members of the Legislature and Representatives in Congress, Sheriff, County Clerk, County Treasurer, Register of Deeds, Prosecuting Attorney and Circuit Court Commissioners ; and once in four years, in addition to these, a Probate Judge and Electf/rs of President and Vice President of the United States. The State is di- Tided into e ig p ht districts, for the election of Representatives in Congress.

On the first Monday in April, of each year, in each or.

gaoized township, the people elect a Supervisor, a Justice of

the Peace, a Township Clerk, a Commissioner of Highways,

a Township Treasurer, a School Inspector, not exceeding four Constables, and one overseer of highways for each highway district.

Judges of the Supreme and Circuit Courts and Regents of the State University are also elected at the April elections.

In addition to these, elections are held in cities and villages, of officers to discharge the duties required of them under the charter and by-laws of such city or village.

Quefttions — In treating of the ofl&cers required to carry on the government, nnder what general clmfdficatum do we refer to them ? At what time is the general election for the State and connty officers held? Name the officers elected at the general election. Into how many districts is the State divided for the election of Bepreflentatives in Congress ? At what time are township officers elected ? Name the township officers. What other officers are elected at the spring election ?

Chapter VIII. Qualifications Of Electors — Naturalization Of For- Eigners

Persons who have the right to make choice of public officers, and to vote, are called electors.

In all elections, every male citizen, every male inhabitant residing in the State, on the twenty-fourth day of June, 1835 ; every male inhabitant residing in the State, oil' the first day of January, 1850, who has declared his intention to become a citizen of the United States, pursuant to the laws thereof, six moiitYiQ preceeding an election, or who has resided in the State two years and six months, and declared his intention as aforesaid, and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no citizen or inhabitant shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and have resided in this State three months, and in the township or ward in which he offers to vote ten days next preceeding such election. The right to vote is called the right of suffrage.

Persons born in other countries are called aliens'; and to become citizens must be naturalized. To accomplish this, the person desiring to become a citizen must go before the Court or the clerk thereof, two years before he can be admitted as a citizen and declare, on oath, in writing, that he intends to become a citizen of the United States, and to renounce his allegiance to his former government ; and he must declare on oath that he will support the constitution of the United States. Then, two years thereafter, the Court, if satisfied as to his moral character, and that he has resided in the United States for five years, and in the State or Territory where the Court is held, for one year, may admit him as a citizen.

Questions —V^ ho are electors? Who are electors in Miohigan? What is an alien ? How may aliens become citizens and electors?

Chapter IX. Elections — How Conducted— Challenge Of Persons Of- Fering To Vote

At the general election, the supervisor, the justice of the peace, whose term of office will first expire, and the township clerk of each township, and the assessor and alderman of each ward in a city, or if in any city there be not an assessor in every ward, then the two aldermen of each ward shall be the inspectors of election. These officers constitute a Board.

The township clerk, assisted by some other person, acts as clerk of the election. He provides a box with an opening in the lid, through which each ballot received must be mserted, and keeps two lists of the names of all persons voting at the election. The ballot consists of a paper ticket on which is written or printed the names of the persons for whom the voter intends to vote, and the offices to which the persons named on the ballot are intended to be chosen. The person oflfering to vote delivers his ballot to one of the inspectors, in the presence of the Board.

The inspectors or any elector qualified to vote at the election, may challenge any person offering to vote ; that is, may object to such person voting, on the ground that he has not the legal qualifications entitling him to vote. When such a challenge is made, one of the inspectors administers an oath or affirmation to the person challenged, and if such person shall swear or affirm that he is qualified, his vote must be received. The form of the oath, or affirmation, must be such as to contain the grounds of the voter's qualification. Thus, if he is a citizen of the United States, is twenty-one years of age, and has resided in the State and township or ward during the time required by law, the form of the oath is :

" You do solemnly swear [or affirm] that you are twenty-one years of age, that you are a citizen of the United States, that you have resided in this State three months next preceeding this day, and in the township (or ward, as the case be,) ten days next preceeding this day, and that you have not voted at this election."

Qtiestions — What oflScers coDstitute the iDspectors of election ? Who acts as clerk of the election ? What is the clerk required to provide and to do in relation to the election ? What is a ballot ? In what way do electors vote? What is meant by challenging a person who offers to vote ? In what way do the inspectors deterinioe whether a person challenged is qualified to vote?

Chapter X. Of Elections, Continued — Canvass Of Votes And Re- Turn Of Statements

When the polls are closed, the ballots are examined and a statement of the result is prepared in duplicate, and certified to by the inspectors. One of these statements is Jiled with the township or city clerk, and the other is delivered to one of the inspectors designated by the Board, to attend the county canvass, to be delivered to the county clerk.

The inspectors from the different towns in the county, meet at the office of the county clerk, on Tuesday next after the election, and organize themselves into a Board of Canvassers, and proceed to examine the statements sent from the inspectors.

Sometimes a county has more than one Senatorial or Representative district. In such case each district has a Board of Canvassers, so far as the canvass relates to Senators and Representatives, consisting of the inspectors representing the towns in such districts.

The County Canvassers are required to make a separate statement, containing the whole number of votes given in such county for the State officers, and the names of the persons to whom such votes were given, and the number of votes given to each; another, of the votes given for Representative in Congress. Copies of these statements are sent to the Governor, Secretary of State, and State Treasurer ; and the result of the canvass for members of the Legislature is certified to, and delivered to the persons elected.

Questions — \yheii the polls are closed, how are the votes canvassed ? "Who constitute the Board of County Canvassers ? What are their duties? State how the votes are canvassed for Senators and Bepresentatives where the district is less than a whole county. To what persons are the results of the canvass sent ?

Chapter XI. Of Elections, Continued

In each election district, for the election of a Senator or Representative, where, in elections for county officers or members of the Legislature, two or more persons receive an equal number of votes for the same office, as many strips of papers as there are such persons ; on one of the strips is written the word " Elected," and on the others " Not Elected,"

These are placed in a box and each of the aforesaid persons draw one of the slips therefrom, and the person drawing the slip on which is the word ** Elected," is deemed elected to the office in question.

In each election district, of a Senator or Representative, la the State Legislature, the limits of which are greater than those of a county, there is a board of district canvassers, composed of the clerks of the several counties within the district, the Judge of Probate and the Sheriff of the county in which the meetings of the Board are held. The result of their canvass is filed with the, clerk of the county where their meeting is held, and such clerk sends a copy thereof to the "Secretary of State, and another copy to the person elected.

The Secretary of State, the State Treasurer, and the Commissioner of the State Lan3^ Office constitute the Board of State Canvassers. These canvassers determine from the returns sent by the county clerks, who are elected State officers and Representatives in Congress, to whom the Secretary of State sends certificates of election. They also determine who are elected Electors of President and Vice President.

The Legislature sometimes proposes amendments to the constitution, or passes a banking law or some amendment ; all of which are submitted to the people, who at the general election vote thereon. The State canvassers determine the vote of the people, on such measures.

Questions — Jo the election of conuty officers and members of the Leg. islature, what course is pursued >^hen two or more persons receives an •equal number of votes for the same < ffice ? Who compose the board of « anvassers, where the limits of the Senatorial and Kepresentative districts are greater than a couuty ? What disposition is made with the statement of the result of the canvass in such cases ? What officers constitute the J3oard of State Canvassers ? What are their duties ?