Morton's manual. The principles of civil government in the United States and state of Kentucky

Front matter

V

'AMERICAN STANDARD SCHOOL SERIES.

READERS AND SPELLERS.

Preface

"Ignorance of the law excuses no one" is an old maxim. This is true ; and yet how few persons know the law ! Indeed, ignorance of the law is the rule, and not the exception.

It is not surprising that so many violate that of which they know so little. As every person in a government is held to a strict accountability for trespassing against the law, and is required to obey it implicitly, it is incumbent upon the government to teach the law to the people, not only to make them better and more useful citizens, but because it is a duty which the government owes to the person it governs.

We have attempted to make this little work as plain and simple as possible. An elaborate volume upon this subject would not be adapted to the common schools- of our country, many of which have but recently commenced the study of civil government. At any rate, after the perusal of this book, the pupil will be better prepared to undertake the study of a more thorough and comprehensive treatise.

Certain words and phrases in the text are emphasized by being put in Antique type. This is done for the purpose of assisting the teacher in framing questions upon the text. The device will also aid the pupil in forming his answers to the printed questions found at the end of the work. These questions ought to be used mainly for reviews, and the pupil ought to be required to frame complete sentences in answering them.

Chapter I. Of Civil Goveknment Genebally

Civil Government is that authority by which a State or a Nation is ruled. It is established to preserve and keep society in order.

The foundations of society are the wants and fears of individuals.*

The notion of an actually existing unconnected state of nature is too wild to be seriously admitted ; and, beside, it is plainly contradictory to the revealed accounts of the primitive origin of mankind and their preservation two thousand years afterward, both of which were effected by means of single families. These formed the first natural society among themselves, which, every day extending its limits, laid the first though imperfect rudiments of civil or political society.*

It is the sense of their weakness and imperfections that keeps mankind together, that demonstrates the necessity of this union, and that therefore is the solid and natural foundation as well as the cement of civilized society. And this is what we mean by the original contract of society.*

The whole should protect all its parts, and every part should pay obedience to the will of the whole, or, in other words, the community should guard the rights of each individual member, and (in return for this protection) each individual should submit to the laws of the community, without which submission of all, it is impossible that protection should certainly be extended to any.*

When civil society is once formed, government at the same time results of course as necessary to preserve and keep that society in order.*

* Blackstone.

Unless some superior be constituted, whose commands and decisions all the members are bound to obey, they would still remain in a state of nature, without any judge upon earth to define their several rights and redress their several wrongs.*

Forms of Government. — There are but three regular forms of government, viz : A Monarchy, an Aristocracy, and a Democracy.

In a Monarchy the government is intrusted to the hands of a single person.

In an Aristocracy it is lodged in a council composed of select members.

In a pure Democracy it is vested in an aggregate assembly consisting of all the free members of the commonwealth.

An Absolute Monarchy is a government in which the supreme ruler governs according to his own will and is not controlled by any established laws.

A Limited Monarchy is a government in which the supreme ruler is restricted by laws made by representatives chosen by the people.

A Eepublic is a government in which the authority is exercised by representatives of the people.

The difference between a Democracy and a Eepublic is, that in the former the people themselves rule, and in the latter the representatives of the people. A pure Democracy exists only in a country where all the people can assemble together and make laws. A Eepublic may be either an Aristocracy or a Democracy.

Our Government, which is a representative Democracy, is divided into three distinct branches or departments, viz : the Legislative, the Executive, and the Judicial.

The Legislative department makes the laws.

The Executive enforces the laws.

The Judicial interprets the laws.

These departments will be described in detail in succeeding chapters.

* Blackstone.

OF CIVIL GOVERNMENT GENERALLY. 7

The United States. — The United States is composed of numerous States. It has a Constitution denning the rights and powers of the National Government. All ' ' the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people."

The Constitution may properly be called the " foundation stone ' ' of the Government of the United States. Neither the Congress* nor the Legislature* of any State can pass any law contravening or opposing it.

A Statef is one of the commonwealths or bodies politic, the people of which commonwealths make up the body of the nation: it is composed of counties.

Each State has also a Constitution of its own. Its operations are confined to the boundaries of the State, and the Legislature thereof can not pass any law in violation of it. It defines the rights and powers of the State Government.

The National Constitution binds the people of the nation.

The State Constitution binds only the people of the State.

The United States has its own laws and officials.

Each State has also its own laws and officials.

A County is a particular portion of a State separated from the rest of the territory for certain purposes in the administration of the affairs of the State government.

The Civil Governments of all the States are very similar in character, the laws of each being much alike. A familiarity with the government of one State will give the student a very good idea of all.

*See pages 22 and 59.

t That portion of our national domain not organized as States is divided into districts called Territories. The government of a Territorv is similar to that of a State.

Chapter II. County Disteicts

In Kentucky each County is divided into Road, School, and Magisterial Districts.*

Road Districts. — Roads are a necessity, and are

essential to the prosperity of any community.

It is the duty of every government to provide for making roads and keeping them in repair.

In this State the County Courts j of each county are authorized by law to open and keep in repair public roads whenever it is necessary.

Before a new road can be opened, or an old one discontinued or altered, due notice must be given to all persons interested. Two or more suitable persons, called " Viewers," are appointed by the County Court to view the ground and report to the court. The court may then, upon this report and other evidence, determine whether the road shall be established, altered, or discontinued.

A writ to assess damages to land through which it is proposed for the road, or the alteration of the road, to run, may be issued by the court, and»a jury may assess the damages, which may be paid out of the county levy. But the court may decree that the damages shall be paid by the person or persons applying for the road. No road shall be ordered to be opened through any town lot, orchard, burying-ground, building, or yard without the consent of the owner.

Roads shall be opened thirty feet wide, or, near a town, fifty feet wide.

Any person who willfully obstructs a road in any way shall be liable to pay a fine.

:;: In some States ealled " Townships." fSee page 18 for definition of County Court.

COUNTY DISTRICTS. 9

The County Court shall divide all the roads in the county into precincts, and appoint a surveyor in each precinct, who is required to keep the road in order.

A surveyor is not allowed to resign under two years, unless he remove from the precinct.

All male persons, over sixteen and under fifty years of age, who are able to labor, except licensed ministers of the gospel, shall be assigned to work on some road, and shall be liable to pay a fine upon failure to attend and work on the road, after being notified by the Surveyor.

The Surveyor may impress, by warrant from a justice of the peace, any wagon, plow, draught horse, oxen, gear, and driver in the precinct as may be necessary for the making, altering, or repairing of the road, for which the Court of Claims * shall allow a reasonable compensation.

Surveyors of roads receive no pay for their services.

Turnpike roads are built by corporations, under charters. The corporation may acquire the land over which the road is to run by purchase, or by a writ to assess damages, as in the case of public roads. The law regulates the tolls and manner of travel upon the roads.

School Districts. — Education is of the highest consideration, and is indispensable to every government.

School Districts are established in each county by the County Superintendent of Common Schools, f

No district shall include more than one hundred children, between the ages of six and twenty years, unless it contains a town or village within its limits.

The School Fund is derived from taxes levied upon all the real and personal property in the State, and from interest on county bonds. The people of a district may levy an additional tax on themselves.

Each district is under the control of three Trustees, elected by the qualified voters of the district. One shall be elected each year, for the term of three years, to fill the

* See page 18 for definition, t See page 16 for definition.

place of the trustee going out of office. The Chairman of the Board shall be the trustee having the shortest time to serve.

The Trustees of a district are a body politic. They have the right to levy a tax to build a new school-house, or to repair an old one whenever it is condemned by the County Superintendent; also to levy a tax for fuel for the school -house and for defraying other necessary expenses.

They shall have the general control of the school district. They shall employ the teacher, and may remove him for proper cause, subject to the approval of the County Superintendent. They shall take the census each year of all the children who are permitted by law to attend the common schools, and report the same to the County Superintendent, and they shall make a yearly report to the County Superintendent of the general condition of the district. For any neglect of duty they are liable to pay a fine and be removed from office.

They receive no compensation, but the Chairman of the Board is exempt from service upon roads, juries, or in the militia.

Magisterial Districts. — The office of Justice of the Peace is of ancient origin. It came to us with the common law and with English institutions. It is a very important office, and the duties are numerous and responsible.

Each county is divided into Magisterial Districts.

Two Justices of the Peace are elected in each magisterial district every four years, by the qualified voters thereof.

Each Justice of the Peace holds a regular court every three months, and may hold a called court for the trial of certain causes.

He has limited jurisdiction in civil causes. He is a conservator of the peace in his county, and can inflict fines and imprisonment for penal offenses of a certain character,

COUNTY DISTRICTS. 11

such as riots, routs, and breaches of the peace. He can hold investigating trials where persons are charged with felonies or high crimes, and require bail. He can bind persons to keep the peace.

He is also a member of the Court of Claims, a branch of the County Court, which meets once a year, and at such other times as may be necessary, for the transaction of business.

As the Court of Claims, all the justices in the county meet to establish the county levy, to make appropriations, or to attend to such other business as may be legitimately brought before them.

A Justice's fees are the compensation for his services, with three dollars per day for attending the Court of Claims. He gives a bond for the faithful discharge of his duties.

A Constable is elected every four years in each magisterial district.

His duties are to execute all civil and criminal processes issued by the proper courts. He may also execute notices, rules, orders of court, and make arrests, and shall attend the Justices' Courts in his district.

His fees are his compensation.

He is required to give a bond for the faithful discharge of his duties.

Chapter III. Of County Officeks

In Kentucky, each county has a Judge of the County Court, a Clerk of the County Court, a Sheriff, a County Attorney, an Assessor, a Surveyor, a Coroner, a Superintendent of Common Schools, a Clerk of the Circuit Court, and a Jailer.

Judge of the County Court. — The County Judge or Judge of the County Court is elected for four years. He is a magistrate, and has jurisdiction of both civil and criminal causes. He holds a court four times a year, called the Quarterly Court, for the trial of civil causes.

He is also a conservator of the peace within his county, and has all the powers of a justice of the peace in penal and criminal proceedings.

He is required to take and approve the bonds of all county officials who are required by law to execute bond.

He appoints guardians and administrators, and makes settlements with them of their accounts.

He has power to establish justices' districts and election precincts in his county, and to appoint officers of elections.

He presides at the Court of Claims, and calls that court together when he deems it necessary.

His fees, with a yearly allowance out of the county levy made by the Court of Claims, are his compensation for his services.

He is required to execute a bond before the Circuit Court Clerk for the faithful discharge of his duties.

Clerk of County Court. — A Clerk of the County Court is elected every four years.

His duties are as follows, viz : (12)

OF COUNTY OFFICERS. 13

To keep a record of all the proceedings of the County Court (not quarterly courts). To record all deeds or mortgages properly acknowledged or proven. To issue all marriage licenses in the county. To be the custodian of all county officers' bonds, of the assessor's books, of the poll-books and books of election, and of all other papers required by law to be recorded or kept in his office.

His fees are the compensation for his services. He is required to give a bond for the faithful discharge of his duties.

Sheriff. — The office of Sheriff is an ancient one, and was transmitted to us by our English ancestry.

A Sheriff is elected every two years, but is ineligible, after a second term, for two years.

The duties of Sheriff are as follows, viz :

To execute all civil and criminal processes from the different courts properly issued and placed in his hands ; also to execute notices, rules of court, and similar papers.

He is a peace officer, and may make arrests.

He may appoint deputies with the same powers as his own.

He shall execute all persons condemned to be hung, and convey all persons to the penitentiary condemned to confinement therein.

He may command and take with him, if need be, the power of the county, or a part thereof, to aid him in the execution of the duties of his office, civil or criminal.

He shall collect the County and State taxes and pay over the same to the proper authorities.

He shall attend the Circuit, County, and Quarterly Courts, and Court of Claims of his county, and keep order therein.

His fees are his compensation.

He is required to give bond for the faithful discharge of his duties.

County Attorney. — County Attorneys are elected for four years.

The duties of the County Attorney are as follows, viz :

To attend all County Courts held in his county, and superintend and conduct all cases and business in the courts touching the rights or interests of the county.

To give the court and the several county officers legal advice concerning any county business within the jurisdiction of any of them.

To attend the Court of Claims and oppose the allowance of all improper claims.

To oppose the improper grant of tavern license.

To prosecute all criminal and penal offenses in his county.

To oppose the wrongful alteration or discontinuance of any public road.

To institute and conduct suits, motions, and prosecutions before any of the courts of the State, in which the county is interested, when so directed by the County Court.

His compensation is a per centum of all the fines and forfeitures recovered in his county by the Commonwealth, and a yearly salary allowed him by the Court of Claims out of the county levy.

Assessor. — The Assessor is elected for four years.

He may appoint assistants with the consent of the County Court.

He shall cause all the property in the county to be listed for taxation, and he shall fix a full and fair value upon all the estate so listed, and enter the same in the tax-book.

He shall, moreover, return a list of all horses, mules, and cattle, and their value ; of all stores, and their value ; also pleasure carriages and like vehicles, and gold and silver watches, pianos, and gold and silver plate ; also all the legal voters, and enrolled militia, and children between six and twenty years of age, residing in his county.

He shall return to the County Court Clerk a list of all persons who fail or refuse to give a list of their property or give a false or fraudulent list; and such persons shall be liable to pay a fine for such offense.

The compensation of the Assessor is a certain amount for each list reported by him.

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Upon failure to accept the office after election or appointment, he shall be fined five hundred dollars.

He is required to give bond for the faithful discharge of his duties.

Board of Supervisors. — The Board of Supervisors — three discreet tax-payers, citizens of the county, appointed by the County Court — are required to revise the list as reported by the Assessor.

County Surveyor. — The County Surveyor is elected for four years. g

He may appoint a deputy.

His duties are to execute promptly and faithfully every order of survey, made by any court, of lands lying in his county, and make out and return a true plat and certificate thereof, accompanied by explanatory notes. If he fail to do so, he shall forfeit twenty dollars to the party injured, and be liable to an action for damages on his official bond.

He is required to give a bond for the faithful performance of his duties.

His fees are his compensation.

Coroner.— The Coroner is elected for four years.

His duties are to hold an inquest upon the body of any person slain, drowned, or otherwise suddenly killed, or where any house be broken.

His jury shall be composed of six good and lawful housekeepers of the county, summoned and sworn by himself, who, upon their oaths, shall inquire, and say in writing, if they know in what manner the person came to his death or the house to be broken ; when, where, how, and by whom, and who were present, and who are culpable for the act.

If any persou by such inquest be found culpable, the Coroner shall forthwith arrest and commit such person to the county jail, to be dealt with according to law.

He shall bury the person over which an inquest is held, or deliver him to his friends if required.

He may execute process in criminal, penal, and civil cases ; and when so acting the laws in regard to sheriffs shall apply to and govern him.

He is required to give a bond for the faithful performance of his duties.

His fees are his compensation.

County Superintendent.— The County Superintendent is elected for four years.

He shall not be eligible for election unless he shall have first obtained a certificate of qualification from the State Board of Examiners.

His duties are as follows, viz :

To have general supervision over the common schools in his county; to lay off, alter, or abolish districts; to condemn school-houses ; to visit the schools ; to report to the Superintendent of Public Instruction the census of each common school district in the county ; to draw and collect the public money due to his county for common school purposes; to pay the teachers in his county; to make an annual settlement with the County Judge; to make an annual report to the Superintendent of Public Instruction of the general condition of each common school in his county, including the number of pupils, the average wages of teachers, etc.; to appoint two persons constituting a County Board of Examiners for the examination of teachers ; and to grant certificates of qualification to teachers.

He is required by law to give bond for a faithful performance of his duties.

He is allowed an annual salary by the Court of Claims, to be paid out of the county levy.

Clerk of Circuit Court. — A Clerk of the Circuit Court is elected every six years.

His duties are to keep a record of all the orders and proceedings of the Circuit Court of his county ; to grant certificates to witnesses; to administer oaths, and to perform such other duties as may be legitimately required of him by the Judge of the Circuit Court.

OF COUNTY OFFICERS. 17

His fees are his compensation for his services.

He is required to give bond for the faithful discharge of his duties.

Jailer. — Every county is required to keep a secure and sufficient jail.

The Jailer is elected for four years.

His duties are to have custody of the jail, and to receive and keep all persons in the jail who shall be lawfully committed thereto until they are lawfully discharged. He shall treat them with humanity, and furnish them with proper food, and lodging during their confinement, and shall deliver such as die in jail to their friends, if requested, or have them decently buried at the expense of the county.

His fees are his compensation for his services.

He is required to give bond for the faithful discharge of his duties.

Eligibility of Officers. — Each of the officers described in this chapter must be at least twenty-one years of age, a citizen of the United States, a resident of the State two years next preceding his election, and of the county one year.

Vacancies. — A vacancy in the office of Clerk of the County Court, Sheriff, County Attorney, Assessor, Surveyor, Coroner, Superintendent of Common Schools, Jailer, and Constable is filled temporarily by the County Judge until an election.

A vacancy in the office of County Judge is filled temporarily by the Justices of the Peace of the county until an election.

A vacancy in the office of Clerk of the Circuit Court, by the Judge thereof until an election ; and a vacancy in the office of Justice of the Peace, by the Governor of the State until an election.

Chapter IV. Couets

County Courts. — A County Court is held monthly by the County Judge in each county on the days prescribed by law. It is a court of record.

The County Court has power to appoint guardians, administrators, road surveyors, viewers, officers of elections, to make settlements with fiduciaries, to probate wills, to open, alter, or discontinue roads.

Court of Claims. — The Court of Claims is a county court held by the Justices of the Peace in the county, and presided over by the County Judge. It has power to fix the county levy, to make appropriations for the benefit of the county, to provide for the maintenance of the paupers in the county, to fix the salaries of the County Judge, County Attorney, and County Superintendent, and make appropriations therefor, and do such other acts as may be lawfully required. It meets once a year.

Quarterly Courts. — The Quarterly Court is a court held every three months by the County Judge for the trial of civil causes.

Justices' Courts. — Justices' Courts are courts held by Justices of the Peace.

Circuit Courts.— The State is divided into districts, termed Judicial Circuits, in which several counties are included. Circuit Courts are held in each one of these counties.

The Circuit Court has original jurisdiction of all matters, both in law and equity, within its county, of which jurisdiction is not by law exclusively delegated to some (18)

COURTS. 19

other tribunal, and has all power necessary to carry into effect the jurisdiction given.

Special terms may be called by the Judge. Besides the jurisdiction in civil causes, which is not limited in amount, Circuit Courts have jurisdiction over high crimes and misdemeanors, such as murder, manslaughter, arson, robbery, etc.

It is presided over by a Circuit Judge, who is a conservator of the peace throughout the State.

It is a court of record.

Circuit Courts are usually held twice, and in some counties three times a year, and last for several days or weeks, according to the business.

Officers of Circuit Court.— In each Judicial Circuit there is a Circuit Judge and a Commonwealth's Attorney.

Circuit Judge. — A Judge of the Circuit Court must be a citizen of the United States, a resident of the district two years next preceding his election, at least thirty years of age, and must have been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years.

He is elected for six years by the qualified voters of his district.

The Circuit Judge receives a regular salary allowed by law, payable monthly out of the State treasury.

Commonwealth's Attorney. — A Commonwealth's Attorney shall be elected for six years. He must be twenty-four years of age, a citizen of the United States, must have been a resident two years next preceding the election in the State, and one year in the district, and a licensed practicing attorney for two years.

His duties are to attend each Circuit Court held in his district, to prosecute all violations of the criminal and penal laws therein, and to discharge all other duties assigned him by law.

The Commonwealth's Attorney receives a regular salary, payable monthly out of the State treasury, and a per centum of the fines and penalties recovered by the Commonwealth in each Circuit Court in his district.

Other Courts. — Criminal Courts, Chancery Courts, and Common Pleas Courts are also sometimes established by special acts of the Legislature. Their powers and jurisdiction are similar to those of Circuit Courts.

Court of Appeals. — The Court of Appeals is the highest court, and the court of last resort in this State. It is composed of four judges, who represent four different districts respectively into which the State is divided.

Judge of Court of Appeals. — A Judge of the Court of Appeals must be a citizen of the United States, a resident of the district two years next preceding his election, at least thirty years of age, and must have been a practicing lawyer for at least eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years.

They are elected for eight years, one being elected each two years. They are allowed annual salaries, payable monthly out of the State treasury.

Chief- Justice. — The judge who presides during the sessions of the court is called the Chief-Justice. He is the one having the shortest term to serve.

Clerk. — The Clerk of the Court of Appeals is elected by the voters of the State every eight years.

It is his duty to keep a record of the proceedings of the court.

He must be a citizen of the United States, a resident of the State two years next preceding his election, and have a certificate of qualification from a Judge of the Court of Appeals, or a Judge of the Circuit Court.

His fees are his compensation.

Reporter. — The Reporter of the Court of Appeals is appointed by the court.

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His duties are to publish such decisions as the court may direct.

He receives an annual salary, payable monthly out of the State treasury.

Sergeant. — The Sergeant of the court is appointed by the court for four years.

His duties are the same toward the Court of Appeals as required by law from a Sheriff toward a Circuit Court.

His salary is three dollars per day for each day he attends the court.

Superior Court. — The Superior Court is an appellate court ; that is, a court to which appeals are taken from the Circuit Courts. It is an intermediate court between the Circuit Court and the Court of Appeals. It is composed of three judges, who represent three different judicial districts respectively into which the State is divided. The judges of this court must have the same qualifications as Judges of the Court of Appeals. They are elected for four years, and are allowed annual salaries, payable monthly out of the State treasury. In some cases appeals may be taken from their decisions to the Court of Appeals.