Civil government in North Carolina and the United States; a school manual and history

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Preface

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The importance of civil government as a branch of education in our common schools is now almost universally recognized. In many of the States of our Union the subject is included in the regular course of school studies.

The necessity of such a provision in our educational system must be apparent, when we remember that to make good citizens, and, therefore, good government, is the primary object of our State Constitution in prescribing education for the people.

It is evident that to be a good citizen one must know what the duties, as well as the rights, of citizenship are. This knowledge can be obtained only by a study of the general principles of government, and of the application and working of those principles in our own government in State and Xation. Such study can be most profitably made at the school. Lessons imparted in youth leave a permanent impression on the mind.

The necessity of making the principles of our government a subject of school study will appear still greater when it is considered, that we do not find in the people of the present generation that ardent love of our republican institutions which was manifested by the men who fought for and established our freedom. While the patriots who took part in the Kevolution lived, they talked at their firesides to their children and their grandchildren about the great struggle for independence, and

6 PREFACE.

about the hardships they and their fathers suffered under tyrannical government. In those days the events of the struggle were fresh in the recollection of the people. They are less talked of, and perhaps less appreciated, in our time.

The information essential to good citizenship and to the maintenance of a spirit of patriotism, which was communicated by the participants in the Kevolutionary struggle, must now be communicated by others. Under the conditions of life in our day, under the burdens and cares of business seldom relaxed, this can be properly done only in the school-room. Upon the teachers devolves the task which the parents do not usually perform.

This book is intended to be an aid to .teachers in the performance of that important task. It is prepared specially for the schools of North Carolina. The author has endeavored to present the principles, and to explain and illustrate the system, of our State and National governments, in language clear and simple enough to be easily understood by school pupils. He hopes he has succeeded.

The book contains some useful features which, so far as the author is aware, are not to be found in other works on the subject. One of those features is the " Derivation and Explanation of Terms." A book on government must necessarily contain a number of technical terms, the application of which pupils of common schools cannot be expected to have acquired a knowledge of in their ordinary studies. The technical terms which occur in this work are explained generally at the head of the chapter in which they first occur. The words from foreign languages are placed in parentheses, and will be used by pupils of proper advancement. It is hoped that the explanations in English of technical words, and the text itself, adapt the book to the use of pupils of fourth or fifth

PREFACE. 7

grade, and to any person who has a fair knowledge of the English language. The author expects it to be useful to the general reader as well as to the pupils. Xumerous useful explanations of political and legal phrases and expressions are interspersed through the text in small-type paragraphs.

The author believes that the " Topics for Examination and Review" at the end of each chapter will be recognized as a useful feature. In these reviews the substance of each chapter is briefly recited, so as to serve not only as a help to the memory of the pupil, but as material for question by the teacher. The teacher should be the best judge as to the form in which to put the questions.

In the order of the parts of the book, precedence is given to '* Government in Xorth Carolina.,'' not because the subject is deemed of higher importance than " Government in the United States," but because it is of more direct and immediate interest to those for whose use the book is specially designed, and because the author understands that this plan presents the natural and historical development of our government.

For valuable help in the preparation of this work, the author returns thanks to Hon. James E. Shepherd, Chief Justice, Ealeigh, X.C. ; Judge M. L. McCorkle and Hon. L. L.TTitherspoon, Xewton, X.C. ; and to Mr. C. L. Patton, of the University Publishing Company, Xew York.

S. M. F.

Newton, N.C., November. 1894.

Part II. Government In North Carolina

CHAPTER I.

HISTORICAL.

Early government of North Carolina. Mecklenburg Declaration. Mecklenburg Committee Resolves. Committees of Safety. First Constitution of North Carolina. Declaration of Rights. Convention at Raleigh, and adoption of amendments 25

10 CONTENTS.

CHAPTER II.

CONSTITUTION OF NORTH CAROLINA.

PAGE

Present Constitution of North Carolina. Equality of men. Sovereignty of the people. Bulwarks of freedom. Oath or affirmation required from voters and office-holders. How to amend the Constitution 31

Chapter VI. The Judiciary

What the Judiciary Department is. Court of Impeachment. How

officers may be impeached. The Supreme Court. The Superior

Courts. The Criminal Courts. The Inferior Courts. Proced-

. ure in the courts. Witnesses. Direct and. cross-examination.

The solicitor. Punishments. The judge's discretion 68

CONTEXTS. II

Chapter VII. County Government

PAGE

Division of the State into counties. County officers. Clerk of Superior Court. The Sheriff. Coroner. Justices of the peace. County Commissioners. Register of deeds. County Treasurer. County Board of Education. School Committees. County Superintendent of Public Instruction 79

Important documents. Duties of American citizens 183

Appendix

Mecklenburg Declaration iii

Mecklenburg Committee Resolves v

Declaration of Independence viii

Constitution of North Carolina of 1776 xii

Articles of Confederation xxv

Present Constitution of North Carolina xxxv

Constitution of th.e United States. lxix

Alphabetical Index of terms explained lxxxvii

NOTE FOR TEACHERS.

At the head of each chapter will be found " Derivation and Explanation of Terms." The pupil will find this much more convenient than to go to his dictionary for these technical words, any one of which can also be found whenever desired by turning to the Alphabetical Index at the end of the Appendix.

The teacher is advised not to require the pupil to commit to memory the definitions before he proceeds with the text, but to see that he gets the meaning of the words by reference to these definitions when he shall first have use for them.

The " Derivation " of the words is placed in parentheses ; attention to it will not be required unless the pupil has sufficient advancement to understand it. Of this the teacher must be the judge.

The book is prepared for use not only by pupils 'of the fourth and fifth grades, who may take it along with or instead of the usual readers of these grades, but also by more advanced pupils. Too much time is frequently spent on the higher school readers, to the neglect of such studies as this, from which the pupils can get more useful and practical information, and at the same time learn to read well.

Chapter I

WHAT GOVERNMENT MEANS. ITS OBJECT AND NECESSITY. — ■

ILLUSTRATION. DUTY OF SUPPORTING GOVERNMENT.

DERIVATION AND EXPLANATION OF TERMS.

Civil. (Latin civis, a citizen, a freeman.) Relating to citizens or the people of a state.

Civilization. (Same derivation as civil.) The condition of a people united in a society or state having an organized system of government.

Community. (Latin con, together, and mun u a , service or work.) The whole people of a city, state, or country.

Government. (Latin gubernare, to steer, as a ship.) The ruling of a community; also, the person or persons by whom a country is ruled.

Revenue. (Latin re, back, and venire, to come.) Income; what comes back from an investment ; the income of a government as the proceeds of taxation.

State. (Latin status, a standing.) The whole body of people united, or standing together, under one government. The people of any country having a separate government are a state.

Taxes. (Greek taxis, a tribute.) The money paid by the people for the support of government.

Treasury. (Greek thesauros, a storehouse; riches stored up.) A place in which public moneys are deposited for safe keeping ; the department of government which receives and disburses public money.

1. What Government Means. — Government, in its literal signification, means the art of directing or controlling, as a pilot or captain directs and controls the movements of a ship. In its general signification the word means the exercise of authority ; and it may also mean the person or persons by whom authority is exercised.

2. The idea of government is well illustrated in the family and in the school. Children at their homes may not always do as they please. They are under the control of their parents. This is family government. At school children are under the control of their teachers. This is school government.

3. When children como of age, and leave home and school, they are no longer under the control of their parents or teachers, but they still find that they are not free to do whatever they please. In the city, or state, or country, in which they live, they find that there are laws which they must obey, and that there are public officers who have authority and power to punish those who violate those laws. This is civil government.

4. Duties and Necessity of Government. — The principal duty of government is to protect life and property ; that is, to maintain peace and order. The necessity of government arises from the fact that in every community there are bad men whom nothing but the fear of punishment can deter from doing wrong to their neighbors. Government is necessary to prevent the evil disposed from injuring others in their persons or property.

If there were no government there would be no laws, or judges, or police, or jails, and without these there would be no punishment to restrain evil men from the commission of crime. How unsafe would a man's home and family be if he had no protection or defence against violence except his own physical strength ! How sleepless would be his nights, no matter how strong his doors and locks !

WHAT GOVERNMENT MEANS. 17

In a country without government there could be little or no industry or accumulation of property. No man would work or engage in business if he were not sure that he might peacefully possess and enjoy the fruits of his labor or enterprise. Without government, society could not continue to exist in a civilized condition.

Civilization necessarily includes the idea of government. Among savage tribes there is no organized system of protection for human life. The safety of every man's life depends upon his own ability to defend it. There is no industry except hunting or fishing. There is no accumulation of property beyond the food required for a few days. There is no provision against sickness or old age. This would be the condition in every country if there were no government.

5. An Illustration from Robinson Crusoe. — The necessity of government, as well as its origin and growth, is well illustrated in " the story of Robinson Crusoe." This admirable book is widely read and enjoyed, but it is, perhaps, not so fully appreciated as it deserves to be for its valuable lessons on the subject of government.

The restless spirit of Crusoe led him away from civilized life. He was shipwrecked and cast, the sole survivor, upon an uninhabited island. As there was no other human being on the island, it belonged to him by right of undisputed possession. There was no one to govern him, nor was there any one for him to govern except his dog, his cats, his goats, his parrot, and other beings of a loAver order of existence than himself. There was no. government, for there was no need of government.

Crusoe was terrified when, after some years of solitary residence on the island, he saw the print of a human foot in the sand. What was the reason of his terror? He knew it was not the print of his own foot. It was, therefore, certain that there were human beings not far away who might interfere with his rights or endanger his life. Later he discovered that cannibals sometimes visited the island. After the man Friday was saved from death, he became Crusoe's faithful slave. Crusoe's word was law for him. This was the beginning of government on the island.

When the Spaniard and Friday's father were added to the household, Crusoe's word was still the law, but there was some consultation and cooperation among the members of the small community. The four persons acted together for the protection of their lives and property, which were threatened by the savages.

After Crusoe's departure the Spaniard became governor. Soon the community was increased by the arrival of persons who were not savages. Some of the new-comers were very bad men. They destroyed the property and threatened the lives of their neighbors. The danger then was not from the cannibals, but from evil-disposed members of the island community itself. To restrain the bad men from injuring the others, punishment was necessary, and to administer punishment the governor required the cooperation and support of the honest members of the community. This was civil government.

A point of special importance in the illustration from Robinson Crusoe is, that union of effort was necessary to protect the lives and property of the residents on the island. No one good man could have defended himself against the many bad men. Civil government is a union of effort to protect honest men against the dishonest and vicious.

6. The Duty of Supporting Government. — Government being necessary, and for the good of all, it is the duty of all to support it. The officials of government must be paid for their time and services. Buildings and

WHAT GOVERNMENT MEANS.

other requisites for the carrying on of the work of government, in its numerous details, must be provided and maintained.

The money necessary for these purposes must in some way be provided. It can be had only from the people. In every country which has a government every citizen is compelled by law to contribute towards its support. Such contributions are called taxes, and the taxes paid into the public treasury constitute the revenue of the government.

In different countries there are different systems of taxation, but everywhere the general principle is the same, viz.. that government being the concern of all, all ought to be compelled to support it. How taxes are levied in our own country and State, is explained elsewhere in this book.

TOPICS FOR EXAMINATION AND REVIEW.

1. What government means. The exercise of authority. The per-

son or persons who rule.

2. Family government. School government.

3. Laws in every community that must be obeyed. Civil government.

• ernment necessary. To protect life and. property against bad men. If there were no government there would be no safety, no industry, no society. Civilization implies government. 5. Robinson Crusoe. Government required when more than one lived on the island. Defence against the savages. Protection against the bad members of the community. Union of effort needed . vernment is for the benefit of all ; therefore, it must be supported by all. Taxes and revenue. Everybody must pay taxes.

CHAPTEK II.

FORMS OF GOVERNMENT. THE REPRESENTATIVE SYSTEM.

DERIVATION AND EXPLANATION OF TERMS.

Cabinet. (Cabin, a small room or private apartment.) The council or advisers of a king, or of the head of a state.

Constitution. (Latin con, together, and statuere, to set, place, or establish.) Something that is established, as laws ; the fundamental laws or principles upon which the government of a country is established (set).

Democracy. (Greek demos, the people, and kratein, to rule.) Government by the people.

Despotic. (Greek despotes, a master or lord.) Having power unlimited by law.

Emperor. (Latin imperator, a commander.) The supreme ruler of an empire. An empire usually includes several states or countries, each having a distinct nationality and government administration. A kingdom is one nation, of which the supreme ruler is a king or queen.

Hereditary. (Latin hceres, an heir.) Hereditary right or estate is a right, or an estate which comes to a person from his forefathers.

Legislature. (Latin lex, a law, and latus, given.) The body, or assembly, of persons who make the laws of a country. In Great Britain the legislature is called parliament. This word is derived from the French parler, to speak.

Majority. (Latin major, greater.) The majority is the greater number of any body or assemblage; thus, of an assemblage or meeting composed of one hundred persons, a majority would be any number more than fifty, and any number of such assemblage less than fifty would be a minority: This word is derived from the Latin minor, less.

Monarch. (Greek monos, alone, and arcliein, to rule.) A supreme ruler who possesses undivided power or authority.

Office. (Latin officium, duty, employment.) In a political sense, an employment under government.

Republic. (Latin res, a thing, an affair, and publica, public.) A state or country in which supreme political power is exercised

FORMS OF GOVERNMENT.

by the people through elected representatives.

Sovereign. (French souverain. sovereign.) Superior in power to all others.

Subject. (Latin subject us, lying under.) One who is under the authority of a sovereign. In a country having a monarchical government every person except the monarch is a subject. In a republic there are no subjects.

Every person is equal in rank and right before the law.

Throne. (Greek thronos, a chair of state.) A monarch's chair of state. The word is used figuratively to mean the office or power of a monarch. The word crown is also used in the same sense.

7. Forms of Government. — Governments have been established on many different plans. The forms of government existing in the world to-day may be classed under two general designations — the monarchical system and the republican system.

8. The Monarchical System. — A monarchy is a government in which supreme authority is vested in one person | a monarch), who is usually called king, emperor, or sovereign. The king is not elected. He holds office for life, and when he dies his son or heir becomes sovereign by hereditary right.

The oldest son of a king succeeds his father by right of birth. If

there is no son, the eldest daughter succeeds, except in some countries \yhere females are excluded from the throne. If there is no daughter or son, the crown devolves on the nearest blood-relation.

9. Two Forms of Monarchv. — There are two kinds of monarchy — absolute or despotic, and limited or constitutional.

In the absolute or despotic monarchy there is no law-making body. The will of the sovereign is the only law. At his pleasure, and with or without cause, the absolute monarch may imprison or put to deatli any of his subjects. At his pleasure he appoints such officers as he may require to assist him in governing, and when he pleases he may dismiss them from office.

A limited or constitutional monarchy is a monarchy in which the power of the sovereign is limited by a constitution and by laws. In a constitutional monarchy the king must rule in accordance with the laws, and in the exercise of his authority he must act on the advice of his cabinet, which is composed of public officers, who are responsible to the people, and who may be dismissed from office through a vote of the people's representatives in the parliament or legislature.

The governments of Russia, Turkey, and many countries in Asia, are absolute monarchies. Most of the governments of Europe are constitutional monarchies.

10. The Republican System. — Republican government is government by the people through authorized representatives. In a republic no man rules by a right of birth. There is no sovereign. There are no subjects. All men are of equal rank before the law. The laws are made by persons elected for that purpose by the people, and the laws are administered and executed by officers, some of whom are elected by the people, and some appointed by officers who have been elected by the people.

11. The Idea of Representation. — Republican government is government by the people, but in large communities all the people cannot come together to express their opinions or wishes on questions of government. For example, it would be extremely inconvenient, if not practically impossible, for all the people of the United States, or of any of our States, to meet in any one place to vote on proposed laws, or improvements in the laws. In a progressive country like ours new laws are constantly being made, or old ones improved. Though it were possible for all the people to come together to make laws, there could be no proper discussion, or wise

FORMS OF GOVERNMENT.

deliberation, in so vast an assembly. The necessity of the representative system is, therefore, evident. Instead of all coming together, the people in their several districts elect persons as their representatives, and those representatives meet at the capital of the. country or State to make laws, and transact other public business which may be assigned to them.

In some of the states of ancient Greece proposed laws were voted on at assemblages of all the people who were recognized as citizens. This was called pure democracy. But the citizen population of any one of those states was probably less than the population of a small American county of the present day.

12. ^Majority Rule. — Representative government is based on the principle of majority rule. Where all men have eqnal rights in public affairs, the only practicable way of peacefully settling controversies on public questions is to take a vote upon them, and let the will of the majority prevail. If ten men had been cast on the island with Crusoe, the first thing they would have done would have been to consider how best to provide for their common protection. In such a case, so long as there were no differences of opinion among the eleven, there would be no difficulty. But one might propose something to which the others might object as, in their opinion, bad for the common interest. If the one should refuse to yield to the will of the others, force would have to be employed. The ten, being physically a greater power than the one, could compel him to submit, for they could imprison him or put him to death. But instead of a minority of one there might be a minority of five. In such case, the two parties being so nearly equal in number, a physical force conflict might result in much of life.

But if the eleven men, at the outset of their conference,

24 CIVIL GOVERNMENTS

had bound themselves to an agreement or compact that the majority should rule ; that is, that the opinion or will of the greater number should, after discussion, be submitted to by all, there could have been no need of resort to physical force. Such a compact is the basis of the republican form of government. It is embodied in a written constitution upon which republics are usually established.

TOPICS FOR EXAMINATION AND REVIEW.

7. Forms of government: monarchical, republican.

8. Monarch)'. Supreme authority vested in one person.

9. Two forms of monarchy. Absolute or despotic, limited or constitu-

tional. In the absolute or despotic, no law but the will of the sovereign. In the limited or constitutional, the sovereign must rule according to law.

10. The republican system. Government by elected representatives of

the people.

11. Idea of representation. All the people cannot come together to

make laws. Hence the people delegate that power to representatives elected in districts. Pure democracy. In some countries all the citizens voted on proposed laws.

12. Majority rule. The only way of peacefully settling differences

on questions of government. The basis of the representative system.

Part II Government In North Carolina

CHAPTER I.

INTRODUCTORY.

DERIVATION AND EXPLANATION OF TERMS.

Allegiance. (Latin ad, to. and - . to bind.) That which binds a person to the government of his country ; the duty of a citizen to be faithful to the constitution and laws.

Colony, i Latin colere, to cultivate, to dwell.] A company of people who leave their own country and le in another country. The thirteen colonies of North America were originally composed of people who came to this country from the countries of Europe.

Committee. Latin con, together. and miff erf. to send.) One or more persons to whom any matter or business is referred by a -•-r body. It is often inconvenient for a legislative body, or a lan:e meeting, to discuss the details of a proposed measure. >mmittee i irately to

con-ider detail.- and report upon them to the larger body.

Congress. (Latin con, together, and gressus, going.) A meeting of persons for any purpose. Provincial Congress. The meeting of delegates from the counties of North Carolina. Continental Congress. The meeting of delegates from the thirteen States.

Convention. (Latin con. together, and venire, to come.) An assembly of delegates elected to meet and do some special business, generally having relation to polities.

Our political parties have conventions for the purpose of choosing candidates for public offices.

County in former times was a territory or district under the authority of a count. The word is derived from the Latin comes, a companion. The count was the row pan ion of the king or emperor.

Delegate. (Latin de, from, and legare, To send, as an ambassador.) A person sent from, or by, others to represent, or act for, them in any business, particularly a per-

CIVIL GOVERNMENT.

son sent to take part in the business of a convention.

Jurisprudence. (Latin jus, right or law, and prudentia, foresight or knowledge.) The science of law; the system under which laws are administered.

Political. (Greek polis, a city or state.) Relating to the affairs of a state. Hence politics, the science of government ; the business of regulating and managing the public affairs of a country.

Province. (Latin pro, for, and vincere, to conquer.) Originally a

Roman name for the government established over conquered territory. A territory for which a government is provided by an outside power and maintained by force.

Resolution. (Latin re, again, solvere, to loosen, to dissolve. ) Hence the loosening or separating of a thing into the parts of which it is composed. Resolutions at a meeting of any kind are proposals put to the meeting for its approval.

Resolutions are usually separated or resolved into several heads or parts.

13. Early Government of North Carolina. — For many years North Carolina was a province. The people were subjects of the King of England, and acknowledged his sovereign right to govern them. The king did not govern in person, but through officers who acted in his name. Some of these officers he appointed, some he permitted the people to elect, but every act of every officer was in the name and by the authority of the king. These officers included a governor, an assembly, judges and magistrates, sheriffs, constables, etc., almost the same that we have to-day.

In England the power of the king was limited by the " Bill of Rights " which he had signed, and which protected English citizens from the abuse of sovereign power. The people of North Carolina, though living in a province, believed they were English citizens and protected by the " Bill of Rights." They submitted to the sovereign power of the king so long as they believed this power to be limited in this way ; but when the king assumed powers prohibited by the "Bill of Rights," they determined to resist. These acts of the king are all enumerated in

INTRODUCTORY.

the Declaration of Independence. (See Appendix, p. viii.)

The Mecklenburg Declaration. — On the 20th May, 1775, more than a year before the Declaration by the Continental Congress at Philadelphia, at a county convention in Mecklenburg, a series of resolutions was d, in which the delegates, in the name of the citizens of that county, absolved themselves from " all allegiance to the British Crown," abjured " all political connection with that nation,'' and declared themselves to be " a free and independent people." (See Appendix, p. iii.)

The Mecklenburg Committee Resolves. — The Mecklenburg Declaration was followed, on 31st May, by another set of resolutions adopted at the same place, by a Committee acting in the name of the Convention and of the citizens. These resolutions declared

"That all Commissions, civil and military, heretofore granted by the Crown to be exercised in these Colonies, are null and void, and the Constitution of each particular colony wholly suspended/'

The resolutions also set forth the details of a system of provisional government for the county, which should be

" In full force and virtue until instructions from the Provincial Congress regulating the jurisprudence of the province shall provide otherwise."

Though the other counties of Xorth Carolina did not make formal declarations of independence, they had their committees of safety, and were active in resistance to tin* oppression of the British government. All the counties elected delegates to the Provincial Congress. The royal governor, alarmed at the uprising of the people, fled from the State.

14. Three months after the Mecklenburg Declaration (August 20, 1775) the Provincial Congress met at Hillsboro, and took temporary charge of the government of North Carolina and prepared to defend it. In April of the next year another congress met at Halifax and empowered their delegates to the Continental Congress " to concur with the delegates of the other colonies in declaring independency." They knew the king would attempt to reestablish his sovereignt}^ by force of arms, but they believed that the provinces united were strong enough to maintain the rights which they now asserted.