Elements of civil government : prepared for the public schools of Pennsylvania

Preface

The need for some elementary instruction in our common schools, on the duties and responsibilities of citizenship, has long impressed me as of much importance ; and in looking over the field to see if some logical, and at the same time elementary, guide could be found, I have failed to find what I wanted. As a school man, interested more particularly in the great body of common schools, the schools which educate the masses, I feel that an effort is warranted to simplify, and adapt to the uses of such schools, the explanation of those principles of government which should be known to every intelligent citizen. It seems to me that the logical method would be to begin at home, with the lowl}^ official duties which touch the local government of communities. Hence this effort to furnish to my teachers some guide to help them to follow out instructions along this line. This is my only excuse for the publication of the following pages.

I have made free to use what I needed, from any source, and I here take pleasure in acknowledging my indebtedness to all from whom such aid was obtained.

G. I. Wright.

Meadville, Pa., December /, i8gj.

Part I.— General Principles

CHAPTER. PAGE.

I. Civil Society 9

II. Governments .... 11

III. Rights 12

IV. Liberty 14

Part II —townships And Township Affairs

V. General Remarks .... 16 VI. School Districts ... 17

VII. School Directors ... 18

VIII. Local and Township Elections 19

IX. Township Officers— Justices of the Peace — Constable— Auditors— Assessor . . . . 21 X. Township Officers (Con.)— Collector— Judge of Elections — Inspectors of Election — School Directors 22

XI. Township Officers (Con.)— Township Clerk — Treasurer— Overseers of the Poor — Path -

MASTERS 24

XII. Villages, Towns and Cities . 2j

Part Iii.— County And County Affairs

XIII. Historical 30 vi

CONTENTS.

XIV. County Ejections ... 32

XV. County Courts—Common Pleas Court-Orphans' Court— Court of Quarter Sessions of the Peace — Court of Oyer and Terminer and General Jail Delivery — License Court . 33

XVI. County Officers — Sheriff— County Coroner — County

Surveyor 35

XVII. County Officers (Con.)— District Attorney— Clerk of Courts— Prothonotary — Register of Wills — Recorder of Deeds — County Commissioners . . 37 XVIII. County Officers (Con.)— County Treasurer — Auditors — Jury Commissioners — Poor Directors — County Superintendent of Schools 39

Part Iv.— The State

XIX. Historical . . . . , 42 XX. The Legislature ... 43

XXI . Executive Officers— Governor- Lieutenant- Governor — State Treasurer — Auditor General Secretary of Internal Affairs , ... . , . 44 XXII. Executive Officers (Con.)— Secretary of the Commonwealth — Attorney General — Superintendent of Public Instruction — Adjutant General — Insurance Commissioner . 46

CONTENTS.

vii

XXIII. The State Judiciary . . 48

Part V.— The Nation

XXIV. Historical 50

XXV. Legislative Department . 52

XXVI. Legislative Department (Con.) 53 XXVII. Executive Department— President 55

XXVIII, Executive Department (Con.)— Vice-President — Secretary of State-Secretary of the Treasury — Secretary of War — Secretary of Navy — Secretary of the Interior — Postmaster General — Attorney- General — Secretary of Agriculture 57

XXIX. Judicial Department . . 59

XXX. The Nation . . . . 61 Declaration of Independence. . . 66

Articles of Confederation ... 72 Part of the Ordinance of 1787 . . 84

Constitution of the United States . 88 Constitution of Pennsylvania . . no

Appendix 159

ELEMENTS OF CIVIL GOVERNMENT.

Part I. General Principles

CHAPTEE I.

Civil Society.

Men cannot exist and reach the highest development, either as individuals or as a race, unless they associate themselves together. They are fitted naturally to associate with each other, each being dependent for many things on his fellow-men. The solitary state is impossible. Should we consider the family as the unit, it would still be impossible to get along without some sort of arrangement by which people could help one another. Hence, men live together in a social state, which is called civil society.

Men are not always just to one another. Some are disposed to do things which would defraud or injure those with whom they are associated. Some would steal or, perhaps, murder, others would do all manner of wrong, so that civil society itself could not exist without some rules of action laid down for

IO ELEMENTS OF CIVII, GOVERNMENT.

the guidance of men in their social relations. Such rules are called laws. Laws, to be of any use, must have some power back of them to enforce them. Hence the necessity for some form of government.

The State, which is but another name for civil society, cannot exist for any length of time without government. Occasionally, when, from one cause or another, people become turbulent and overturn the existing government, and fail for a time to substitute another in its place, we have social disorder, or what is known as anarchy. But society, or the state, for the protection of its individual members, soon erects among the ruins of the discarded government, some new and often better form of government. Government, then, is necessary to make and enforce the rules of action, or laws, by which men are compelled to be just to one another.

The power resides in the state, that is, in the people considered collectively, and not in the government, which is but the agent of society, for securing to all men justice. All laws should be just laws, since justice is the fundamental idea on which the state, or civil society, was organized. Since society gives to government all its powers, these powers should be used for the benefit of the people. Government, then, is constituted for the purpose of protecting society and securing to the individual members thereof that liberty or freedom which is in harmony with the principle of justice which underlies the whole scheme.

GENERAL PRINCIPLES. II

CHAPTEE II.

GOYEEXMEXTS.

Governments are of various kinds, and that is best which, under all conditions, is best adapted to secure the ends for which it is established, that is, equal rights and justice to all men. The form which would best suit the conditions and circumstances under which civil society was organized in one section, might not be the best under other and different conditions. Hence we have the absolute monarchy in one place, under one set of conditions, and the limited monarchy in another place and under a different set of conditions, and a republic under still different conditions. The common forms are : monarchy, aristocracy, and democracy.

Monarchies are either absolute or limited. A government in which society has placed all the power in the hands of one person, is called an absolute monarchy. One in which the power of the ruler is limited by laws, or by a constitution, or by any other power, is called a limited monarchy. All monarchies at present in existence are hereditary, that is, the nearest heir succeeds to the crown. In elective monarchies, the successor was elected by the people or their representatives whenever the monarch died. None such at present exists, and this fact may be said to prove that the elective form was less desirable than the hereditary.

In an aristocracy the power is exercised by a few persons, distinguished either for their rank or their wealth. At present, this form of government does not exist, though the principle is found in such bodies as the House of Lords in the British government.

Democracy is government by the people. Pure democracy is not possible, except in small communities, where it is possible for all the people to assemble. Hence, at present, there are none.

The republic is the nearest approach to pure democracy at present possible. In this form of government, the power to make and execute laws for society rests in representatives elected by the people. In such a government the people not only say who shall act for them, but they adopt a code of general laws called a constitution, which is superior to all other laws, and under which their representatives must act.

CHAPTER III. Eights

The individual members of society have certain rights which are called natural or civil rights ; natural, because given by nature ; civil, because they relate to the duties of all citizens. These are the right to security in life, health and reputation, the right to go where they choose, the right to acquire and enjoy property, the right to protection of gov-

GENERAL PRINCIPLES. 13

ernment, and the right to family relations of husband and wife, parent and child, etc.

Then there are political rights, but all people composing civil socjety do not possess them. In an absolute monarchy, society relinquishes all the political rights of its individual members, such as the right to have a voice in the government or in the selection of the rulers. In all other forms of government that exist to-day, the people have some political rights. The right to vote is a political right, though some think it should be a natural right, " an attribute of humanity ,' ' in which case women and children would have the same right to this privilege that men have. Many think that the right to vote on all subjects which concern society, should be given to all people who are subject to law, without regard to sex or condition. But, since the state is under obligation to give its people the best possible form of government, it is under obligations to use the means considered best adapted to secure the end sought, and if, under all circumstances, a restricted suffrage will give the best rulers and lawmakers, then the right to vote should be restricted to those most competent to give to society such rulers and such lawmakers. But if universal suffrage is most likely to secure the desired end, then all people who are subject to law and are of sound and mature mind should be allowed to have a voice in choosing those officers who are to rule over them. The tendency during the past ages has been to extend this privilege first to one class of citizens, then to another, until now, in many places, all men, without regard to rank or condition, as well as women, are given a voice in public affairs. If this extension of the political rights of the citizen proves satisfactory where it is tried, there is no reason why it should not be extended everywhere.

CHAPTEE IY.

Liberty.

Liberty is the freedom to exercise and enjoy our rights. " Liberty is the result of law, — not as some suppose, of the absence of law. Many think that people are free only as they are without restraint, and feel that in so far as they are under law they are without liberty." Such is not the case, however, since law is designed to give to all people security, protection, and all the liberty they can lawfully claim. People have no right to murder, or to steal, or to do wrong ; hence laws which forbid these things do not abridge their liberty. People have no right to do things which are contrary to the best interests and to the welfare of society. Dr. Alden says: " A perfectly just and wise system of laws would forbid everything that is unjust in society, everything socially wrong, and would permit everything just in society, everything socially right. If such a system were carried into perfect execution, it

GENERAL PRINCIPLES. 15

would furnish perfect security against wrong, and perfect liberty to do right. The perfection of law and execution would secure the perfection of liberty.' ' "Security against wrong, and not the transient absence of wrong, is the essential of liberty.' *

Part II. Townships And Township Affairs

CHAPTEE Y.

General Eemarks.

"The American citizen lives under not less than five institutions called governments. He is a member of a school district. He is a member of a civil township, a town, or city government. He is a part of a county government. He is ruled over by a State government. He is also under a federal, general, or national government." — Macy. " Each performs separate, special work, for the good of the people, and all are more or less closely connected with one another."

In these United States, the State represents organized civil society, as the governmental unit. The federal government exercises certain powers, which have been given up to it by the States; powers which concern the welfare of all the citizens of the entire country. The minor divisions of the State — school district, township, and county, — exercise only such powers as are permitted by the State, and in all things are governed by laws enacted by the State legislature.

TOWNSHIPS AND TOWNSHIP AFFAIRS. I J

The township, as here used, means the local division of the county. In some States it is called town, as in New England, in others parish, as in some of the Southern States, but in most States it is called township. Wherever the government system of land survey has been followed it is six miles square, and is divided into squares, with roads regularly laid out. In Pennsylvania they are irregular in size and shape and were arbitrarily laid out for the convenience of the electors in getting to a prescribed voting place. Boundaries are usually determined either by streams, which at times might be impassable, or by the irregular roads which were made from settlement to settlement or from farm to farm, by the early settlers.

CHAPTEE VI.

School Districts.

School districts, as here used, are the areas under separate local school governments. In some States each school has a separate local government, as in Ohio. In other States the several schools of a township constitute a school district.

In Pennsylvania the township or boro is the general school area, except where special areas are allowed, as independent districts, where the people want, and are willing to pay for, better school privileges than are afforded by the general township board. In these cases, boundaries are established l8 ELEMENTS OF CIVIL GOVERNMENT.

by order of court, and a separate government allowed.

In 1787 Congress passed an ordinance by which, in the territory west of Pennsylvania and north of the Ohio River, including all land ceded to the general government by the several States or colonies, and all that should thereafter come into the possession of the United States, every sixteenth section of land should be sold for the benefit of the schools. This gave a fund which, in nearly all of the Western States helps to support the public schools.

In the Western States, where the country is laid out in sections, a schoolhouse is usually located every two miles on alternate roads, in the center of each four sections, so that no child ever has more than two miles to walk, which is considered as far as any one should be required to go.

Whatever form of local school government is adopted, the single school system, the mixed system, or the township system, the work done by the local board is nearly the same.

OHAPTEE VII.

School Directors.

School directors are township or boro officers to whom are committed the educational interests of the district. In Pennsylvania the board consists of six members (except in cities), one third of whom are elected annually, making the term of office three years. The school year begins on the first Monday of June, when the old board settles its affairs, makes its reports, and adjourns ; then the new board organizes, newly elected men are sworn in and officers elected, which are president, secretary, and treasurer. School directors are not paid officers, except that the secretary and treasurer may be paid for their special services. Their duty is to make the tax levy (which in some States is done by a county board, in others by a vote of the citizens), repair and build houses as it becomes necessary, fix the length of the school term, the wages of teachers, hire teachers, procure supplies (including text-books), and do all other things necessary to the best interests of the schools. The funds for the support of the schools in Pennsylvania are received from two sources : a local tax, varying from one half a mill to 26 mills (13 mills for school purposes and 13 mills for building purposes), and an appropriation from State funds, of not less than one million dollars, which the State Constitution orders, and which may be increased at the discretion of the State legislature, but cannot be diminished. At present (1893) it is five million dollars, five and a half million dollars for the years 1894 and 1895.

CHAPTER VIII.

Local ok Township Elections.

Local elections are usually held in the spring of each year, the time varying in different States . In

20 ELEMENTS OP CIVII, GOVERNMENT.

Pennsylvania these elections are held on the third Tuesday of February. On the morning of this day the election officers open the polls, or voting places, and are ready to receive the votes of the qualified electors. In most States what is known as the Australian Ballot System, or some modification of it, is now used.

This system is designed to give a certain degree of privacy to the voter while he is making up his ballot, the printed form of which is furnished by the proper authorities.

The election house or booth is divided into stalls with a shelf on which to write, and a pencil for marking the ballot. The voters take their places in the stalls and mark the ballots as they wish to vote them, free from the surveillance or watching of interested parties. It is believed that this system tends to purify the elections from the influence of men and money, since people are not so apt to pay money for votes when they have no way of seeing that they get what they pay for. The venal and unlawful use of money had become so common that elections were often carried by this means, and men, no matter how competent, who had not money to pay for the votes, had no chance of being chosen. This state of affairs led to the adoption of this system of voting in nearly all the States of the Union. It is used in township, county, State, and national elections. In Pennsylvania the law is known as the " Baker Ballot Law,' ' a modification of the Australian system.

CHAPTEE IX.

Towxship Officees.

The officers chosen at the township election are : Two justices of the peace, one constable, three auditors, one assessor, one collector, one judge of elections, two inspectors of elections, six school directors, three supervisors, one clerk, and one treasurer.

Justices of the Peace are chosen for five years. They preside over justice courts, which are the lowest courts in the land, and the ones on which all others are founded. The justice hears and decides suits of every description growing out of disputes which continually arise in society. Petty offenses, and suits involving small amounts, usually under the value of $100, are tried here, though in all cases there is an appeal to the higher courts. Justices may perform the marriage ceremony. Their salaries consist of fees charged for services and collected of the parties to the suits. In cities justices are called magistrates.

The Constable is elected for three years. He is commissioned by the court and is responsible for the peace of the community. He executes the orders of the justice of the peace, and when acting by order of the court his authority is supreme ; if he is resisted he can call upon any citizen or citizens to assist him. For his services he receives fees fixed by law, varying with different kinds of service.

The Auditors are elected for three years, one new one each year. The duties of the board of auditors are to examine the books and vouchers of the various officers who have charge of township money, as treasurers for the board of supervisors, and school board. They certify to the correctness of the accounts and publish annually a statement setting forth the receipts and expenditures of public money. They are paid $2.00 a day out of town money by the supervisors for their services.

The Assessor, with two assistants each third year, is elected for three years. His duty is to examine and fix values on all taxable property (land, horses, cattle, dogs, money, etc.) found within the township. This valuation is made according to the best judgment of the assessor, but people who are not satisfied can appeal to the commissioners, who act as a court of appeal in this matter. All electors whose occupation tax does not amount to $1.00 are assessed what is called a minimum occupation tax of $1.00, which is added to the school tax. Assessors and their assistants are paid $2.00 a day for their services,out of township funds, by the supervisors.

CHAPTER X.

Township Officers (Continued).

The Collector is elected for one year, and gives bonds to the commissioners for the faithful performance of his duties. His term of office begins the first Monday of April. In Pennsylvania he has three kinds of tax to collect, a separate duplicate being furnished for each. The duplicate is a book having the names of all taxables in the township, with the valuation of property as given by the assessors. One of these duplicates is given out by the supervisors, in which the cash road tax is figured out as soon as the rate of levy for that purpose is made, which is usually early in April. Another is given out by the school board, as soon as the new board organizes in June, and the levy for school purposes is made. Still another is given him early in April, by the county commissioners, as soon as they make out the levy for State, county, and poor purposes. In this duplicate is also put the tax on dogs. The collector, we see, serves both the township and county. He is one of the most important of the township officers. He receives as pay for his services, two per cent on all taxes paid to him within sixty days of the date of his printed or posted notice, and five per cent on all paid after the expiration of the sixty days.

The Judge of Elections is elected for one year. It is his duty to decide all disputes in regard to the qualifications of those offering to vote. He also acts as return judge, that is, he carries the results to the proper place for recording, usually the county seat. He receives $1.50 a day for his services, and mileage in addition for services as return judge.

The Inspectors of Election are elected for one year. These inspectors shall be of different political parties, each elector voting for one inspector. The two receiving the highest number of votes are elected. It is their duty to keep the record of the voters, and assist the judges of election in all matters pertaining to the election. They appoint clerks to keep the tally-sheets, and each inspector, as well as the clerks, receives $1.50 a day for his services.

Two School Directors are elected each year, for three years, whose duties, etc., are set forth under the head of School Districts, Chapter IV.

CHAPTEE XL

Township Officers (Continued).

Three supervisors are elected, one each year, to serve three years. This number may be increased by vote of a majority of electors ; when increased, the term changes, if four are elected then two are elected each year to serve two years. The auditors shall require supervisors to give bonds. The compensation received by supervisors is $1.50 a day for time spent in performing the several duties of the office. It is the business of the supervisors to look after the public highways and care for them. They levy the road tax, both cash and work tax ; they appoint the pathmasters, see to the erection and repair of township bridges, purchase and care for the road machines and other tools belonging to the township ; they also have charge of all township buildings, election houses and the like. No more important local officers are elected by the people than supervisors.

The public highways of our own country are much inferior to those of other countries, and yet a vast amount of money is collected each year in the form of road tax, and annually expended upon the highways, but is used in such a desultory and unscientific way that it is for the most part wasted. After from fifty to a hundred years of this kind of roadmaking ; after the expenditure of money and labor enough to have paved or macadamized the principal roads of the land, the people of the country and many towns are obliged to wade through mud and mire for the larger part of the year, many of the highways becoming actually impassable. It is high time that some reform be made in this matter, and the officers who are empowered to tax people for this purpose be held to stricter accountability for the manner in which the people's money is used. Hence we see that supervisors should be carefully selected, and then upheld by public sentiment in the right and scientific building and repair of roads.

The Township Clerk is elected each year for one year. It is his duty to keep a record of the proceedings of the board of supervisors. He draws all orders on the township treasurer, serves notices, and performs any other public duties ordered by the board of supervisors. He is paid such compensation for his services as the board of supervisors shall determine.

The Treasurer is elected for one year, and it is his duty to give bond to the supervisors, to take charge of all money collected on duplicates issued by this board — that is, road tax or received from any other source, and to pay out the same on orders signed by the board and attested by the clerk. He receives for his services a certain per cent of money expended : the rate is fixed by supervisors, with approbation of the auditors. He must keep an accurate account of the money received and expended and lay the same before the board of auditors.

Overseers of the Poor. — Townships in counties having no poorhouses managed by the county commissioners, or poor districts with poorhouses managed by directors of the poor, shall elect two overseers of the poor, one each year, to serve two years, such officers to receive $1.00 a day for services rendered.

Pathmasters are men appointed by the board of supervisors, whose duty it is to look after certain sections of road called " beats.' ' To such is given a book containing the names, and amount of tax against each taxable belonging to his beat, and it is his duty to notify these persons when he wants them to come and work out the road tax against them. For his services he receives credit on his own work tax at the rate of $i 50 a day.

TOWNSHIPS AND TOWNSHIP AFFAIRS. 2J

CHAPTEE XII.

Villages, Towns, and Cities.

A village is generally a small collection of dwellings, though in some States the name is given to quite large business centers. In most States villages are not incorporated, that is, are not given by special legislation territorial limits and a new local government. In many States the word town is used in the same sense, though in general this name is given to a larger collection of buildings, and one that is incorporated, that is, has a charter and its own local government. In Pennsylvania such villages or towns are called boroughs. A borough has its deed of incorporation granted by the State legislature, either by special or general law. It is made a distinct political community, its privileges are enumerated, its officers have their duties assigned them, and it is empowered like the township to act independently, though under the State and national Constitutions.

A city always has a special local government, differing but slightly from that of boroughs or incorporated towns. In some States there are cities with less than 1,000 inhabitants, while in others there are villages or towns with 15,000 inhabitants, and yet having the simplest form of local government.

City government usually conforms to our general governmental scheme in having an executive called the mayor, a legislative body called a council or board of aldermen, and a judicial department which consists of police or magistrate courts, in place of the usual justice courts of townships, though in some cities they are exactly like the ordinary justice court. The council is often composed of two bodies, a common and a select council.

The other city officials differ little except in name from the corresponding township officers. Instead of constable they have chief of police and policemen ; instead of supervisors they have street commissioners ; they have auditors, assessors, collectors of taxes, and treasurers. Then they have special officers not needed in country communities, such as city solicitor, city superintendent of schools (elected by the school board), besides boards of health, fire commissioners, etc., usually appointed by the executive officer.

For convenience of organization and government, cities are usually divided off into wards, and in large cities wards are divided into precincts. Cities have larger demands for funds than country communities, hence, besides bearing a proportional share of general burdens of taxation by the county, they have special forms of taxation, such as assessments for paving and sidewalks, usually laid on adjoining property. License fees are collected from those dealing in liquor. Gas and water companies usually pay the city for their privileges ; street car companies usually pay for the use of the streets, etc. Some cities own and operate the gas, water, and electric plants, charging the citizens for the use of the same, which makes these sources of revenue, and helps to lighten the otherwise heavy burden of taxation.