Civil government of the United States and the state of Kentucky. A text-book for schools

Front matter

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UNITED STATES OF AMERICA.

UNITED STATES

Preface

Civilization, intelligence, liberty, and all that we hold sacred owe their very existence to government. Without government, the church, the school, the home, the family itself would cease to exist. Honesty, Virtue and Chastity would hang their heads in shame and weep o'er the woes of fallen man. Anarchy, the grim vulture of decaying governments, would wheel his devastating flight through a desolate and terror-smitten land.

Notwithstanding the vast importance — nay, necessity — of a knowledge of civil government to every intelligent citizen, yet it is a deplorable fact that a large majority of the people of the United States — even that small minority invested with the sacred right of suffrage — is woefully ignorant of the functions of our own government. A man who does not possess a general knowledge of the workings of the several departments of his government and the duties of its various officers is not an intelligent citizen. He can not vote intelligently, nor does he know the obligations of a citizen to his government. What right has a voter to cast his ballot for a candidate for office unless he know that candidate to be qualified for the office ? And how is he to know the candidate to be b PREFACE.

qualified unless he know the functions of the office and the duties required of its incumbent?

It is strange that while our boys and girls are forced to spend hours every day in poring over arbitrary rules in grammar and long lists of dates in history, yet hardly a thought is bestowed upon our own civil government, a subject of vastly more importance. The importance of the subject demands that it be adopted as a branch to be taught in our public schools. The object of our public school system is not to grind out educated men and women, but to make honest, intelligent, progressive citizens of our boys and girls. How can this end be attained when one of the most necessary requisites is utterly ignored? It can not be long until our school officers will see the importance of teaching civil government in our public schools. Indeed, there is a healthy public sentiment in that direction already, and the time is not far distant when it will be one of the " common school branches."

There have been many treatises on civil government published, some of them good works in their way, but none that fully meet the requirements of the public school — the district school. Most of them are too comprehensive for the needs of the elementary school, and are better adapted to the high school or college. Too much attention is paid to the dry routine of offices and officers, and not enough to the objects and benefits of government and the duties and privileges of citizenship. We not only want our chil-

PREFACE. 7

dren to be intelligent citizens, but we want them to be patriotic. We want them to feel and appreciate the priceless privileges which they enjoy under this glorious government. We want them to love the American flag and all that it symbolizes.

In order to bring about these results this text-book on Civil Government is published. The introductory chapters are devoted to the principles of civil government. In the first chapter the student is shown the need of government, and the different kinds of governments that govern the various countries of the world. This subject is treated as briefly as its importance will justify, just enough being given to give the student a clear idea of governments in general. In the second chapter are shown the obligations of a government to its citizens, and in the third the obligations of a citizen to his government. These two chapters are specially important, as it is here that the student learns the true idea of citizenship and its duties and obligations. It is here that the teacher has an opportunity to instill into the child that patriotism necessary to make of it a true, loyal citizen.

Next is taken up the civil government of the United States, and the different functions and departments of the national government, together with the various Federal officers and their qualifications, powers and duties, are briefly and exhaustively treated. The provisions of the Constitution are given and explained so that the student can readily understand them.

The civil government of the State is then given in

PREFACE.

the same comprehensive manner as the civil government of the Nation. Then follows the civil government of the county, township, district, city and town. This necessitates a special State edition for each State. While it calls for a vast amount of labor and expense, yet it is the only proper method of treating the subject of civil government of the United States.

Great care has been taken to make the work accurate and reliable. In preparing each State edition a copy of the latest revised statutes of the State under consideration has been constantly before the author, and the text made to conform to it in every particular. If any inaccuracies appear, they are attributable to changes made in the law since the adoption of the latest statutes.

The most important state documents are given verbatim, and include the Declaration of Independence, the Articles of Confederation, the Federal Constitution and the State Constitution.

With the hope that this volume will accomplish the work for which it is designed — the conversion of our boys and girls into patriotic men and women — I send it upon its mission, and may God speed it upon its way.

Danville, Indiana, March, 1889.

Chapter I. Of Governments In General

Ctv* „ ow -. /Absolute.

,'Monarchy | Limit ed.

Government. ] Aristocracy { f Active '^

[Democracy {*£"*»■

1. A state is a body of people included within certain territorial limits who are united for governmental

state. purposes and controlled by the same general laws and officers. The term is sometimes applied to the territory itself, as in the case of the States of the American Union ; but, strictly speaking, it means the citizens taken collectively.

2. A society is a group of individuals living in some locality, or at some period, who are united by a

society, common bond of nearness or intercourse, or who recognize one another as acquaintances and associates. Society is necessary to civilization. The highest degree of manhood can only be attained in society. Without associates, man becomes morose, suspicious and selfish. His mental faculties not only become stunted for want of exercise, but his moral nature is dwarfed, and he recedes away from the ideal of humanity.

3. The government of a state is the power that controls it. Without government the state can not Government, exist. It is the outgrowth of society, just as society is the natural result of human intercourse. Man is not only social, but he is selfish. He has a disposition to dictate, and to want to have his own way. He comes in contact with his fellow-man, and there is a conflict of opinions ; and unless there be some authority to arbitrate these disputes, society would become a scene of continual strife and confusion. Again, men, by working in harmony, may be the source of great mutual aid that could not otherwise be rendered, such as the common defense, public improvements, etc. Hence, government is a necessity of society.

4. Civil government is the authority that controls a state in time of peace. Martial law, emanating

ernm?nl! directly from the military power, is the authority that controls a state in time of war, insurrec-

PEINCIPLES. 15

tion, or rebellion, when the civil authority is powerless to enforce its laws. Civil government has immediate constitutional or legislative sanction, while martial law has not.

5. Since government implies a rule of action, it follows that a rule must first be made, then it must be

De P artment3 explained, and lastly it must be enforced.

Government. This gives rise to three functions of government called departments. They are the legislative, which enacts the laws; the judicial, which interprets them ; and the executive, which executes them.

6. All governments may be classified under the following three heads : monarchy, aristocracy and democ- Gofer n nments. racy. This classification is based upon the source of the supreme power.

7. A monarchy is a government in which the supreme power is vested in one person. Monarchies

Monarchy, are absolute and limited. An absolute monarchy is one in which all the three functions of government are vested in the monarch, or ruler. An absolute monarchy is also called a despotism. A limited monarchy is one in which the three functions of government are not all vested in one person. A limited monarchy is usually governed by a constitution, while an absolute monarchy is not. Russia and China are absolute monarchies, while England and Germany are limited monarchies. Monarchies are also hereditary and elective. A hereditary monarchy is one in which the monarch inherits the throne, while an elective monarchy is one in which the monarch is chosen by a body of electors.

8. An aristocracy is a government in which the supreme power is vested in a few persons. If these

Aristocracy, persons inherit their offices, the aristocracy is hereditary ; if they are elected by the people, it is elective. If they appoint themselves without the consent of the people, it is called an oligarchy. The triumvirate and decern virate of ancient Rome are examples of aristocracies.

9. A democracy is a government in which the supreme power is vested in the people, or the state itself.

Democracy. Democracies are of two kinds, pure and republican. A pure democracy is one in which the people themselves hold and exercise directly the legislative function. A republic is a democracy in which the legislative function is delegated to representatives called legislators, who are chosen by the people for a stated term. These legislators meet at some place, usually the seat of government, at stated times, and enact the laws that govern the state. A pure democracy is practicable only in countries of very small extent and population. Some of the early American colonies were pure democracies, except that they owed allegiance to European countries. In countries of great extent and population a pure democracy would be impracticable, for the reason that the people could not assemble in one legislative body to enact the laws. The representation would be unequal also, the districts near the seat of government being largely represented, while the remote districts would have little or no representation. In countries of any considera-

PEINCIPLES. 17

ble extent and population a republic is the most practicable. The representation is not only equalized, but better legislators are secured. Of all governments the republic is best adapted to the wants of an intelligent and civilized people. The United States and France are examples of republics. The chief executive of a republic is generally called the president, and he is elected by the people for a term of years.

10. There is probably no government in existence to-day that belongs strictly to any one of these classes Gov^kments. of governments. All governments, to a more or less extent, combine their different features. Great Britain is called a monarchy, yet it*is a mixture of all three classes of governments. The monarchial features are seen only in its rulers who rule by hereditary right ; yet its monarchs have been stripped of authority by the constitution and parliament until they have hardly as much power as our presidents. The aristocratic feature is seen in the House of Lords, the members of which hold their seats by virtue of their birth. The House of Commons is republican, its members being elected by the people. Even our own boasted republic does not possess a distinct division of governmental functions. Our president exercises legislative authority in his power of veto, and his judicial authority is shown in the appointment of the judges of the various United States courts. The United States Senate exercises executive power in confirming the appointments of the president ; and the courts exercise legislative authority in that every decision rendered by them be- 2 comes a precedent upon which to base future decisions.

11. Various names are applied to monarchies, among which may be mentioned empire, kingdom,

Monarchies, principality, grand duchy, duchy and electorate. The basis of distinction is mainly the extent of territory which they govern. An empire is a monarchy controlling an extensive scope of territory, generally composed of different countries or nations. The ruler of an empire is usually called an emperor or empress. Sometimes they have special titles, as, for instance, the emperor of Russia is called the Czar; Turkey, the Sultan ; Japan, the Mikado. A kingdom is a monarchy controlling a smaller extent of territory than an empire. Its ruler is usually called a king or a queen. A principality is ruled by a prince ; a grand duchy by a grand duke ; a duchy by a duke ; and an electorate by an elector.

12. A colonial government is the authority that governs a province belonging to some other nation.

other Forms It derives its powers from the government to Government. w hich it is subordinate. The Dominion of Canada and Cuba are examples of colonial governments. A tribal government is the authority that controls a tribe of savage or uncivilized people united under one leader or government. Southern Arabia, in Asia, and Senegambia, in Africa, are examples of tribal governments. When a people have no government or controlling power, they are said to be in a state of anarchy.

13. It is of the utmost importance that the student iix carefully in his mind the distinction between the Distinction be- o-overnment and the state. The state is the

tween Gov- ©

ern stlte. and whole body of people united for the purposes of government, while the government is only that portion of the state to which is delegated the authority to perform the functions of government. The government is subordinate to the state, and derives all its power from the state. It is the creature of the state, and exists only through its suffrage. It is true that the government may usurp the supreme power and subordinate the state to its authority, as in the case of absolute monarchies, but it can only do so by the expressed or tacit consent of the state. The state is immutable : governments may rise, flourish, and pass away, but the state remains.

14. The sovereignty of a state is its right to exercise supreme authority over its own subjects and afsovereignty. fairs. A state is a sovereign state when it possesses this power, and no other government has a right to dictate to it in the management of its affairs. When a state does not possess this power, but is subject to some other government, it is a colonial dependency of that government. The United States and Great Britain are sovereign states, while Indiana and the Dominion of Canada are not.

15. While a division of the functions of government is of the utmost importance, yet it is best not

FunSnl to draw the lines too closely. To do so were to make each function absolute within itself. By allowing them to a limited extent to overlap each other they serve as checks upon each other. In the United States, for example, all bills passed by Congress must be approved by the President before they become laws, unless passed over his veto ; and the Supreme Court decides whether or not a law is constitutional. On the other hand, all treaties and important appointments made by the President must be confirmed by the Senate; and the President appoints the judges of the Supreme Court.

16. Owing to the cupidity of human nature, the possession of power creates a desire for more. Thus constitutions, it naturally follows that the tendency of all governments is away from the people and toward despotisms. To this fact can be traced the origin of all monarchies. A simple pastoral people, unfitted for exercising governmental powers, will leave such matters to others of more executive ability. Some one possessed of ambition and a tendency to rule and dictate will soon acquire an influence over them, and they will finally come to look upon him as their superior, their defender in time of war and their judge in time of peace. Finally, after many years of this state of affairs, the people begin to believe that he possesses absolute control over them, and he in his turn exercises it, and thus becomes a despot. His household would naturally share the respect shown him by the people, and his children in their turn become rulers. Thus may hereditary monarchies come to exist. To guard against this gradual centralization of power, the people have resorted to constitutions. The constitution is the supreme law of the state, and all other laws must be in accordance with it. It enumerates the rights of the people that the government must respect, prescribes the powers and duties of the different functions of the government, and makes provision for any changes that may be necessary to be made in the constitution. Constitutions may be written or unwritten. The advantage of a written constitution over an unwritten one is that it can not be changed except in the manner prescribed by its provisions, while an unwritten constitution is constantly undergoing changes. The United States has a written constitution, while Great Britain has an unwritten constitution.

17. In addition to the constitution of a state, special enactments and decisions are being constantly

Laws, made to suit the demands of the times. These are called laws, and they must be in accordance with the provisions of the constitution. If they do not thus agree with the constitution they are said to be " unconstitutional," and hence without force. Laws are of two kinds, statute law and common law. Where the two conflict, statute law takes precedence. Statute law includes all the enactments in accordance with the constitution made by the legislative department of the government. Common law includes all the decisions of the courts not reversed, and all of the unwritten law of England, not set aside by statute, and which, by precedent and long usage, has come to be recognized as established law.

18. A code of laws is a collection of all the laws in force in a state, arranged in an orderly, systematic

C L°aws°. f manner, and published by authority of the government as comprising all the laws in force in the state at that time. This code is sometimes called the General Statutes. As the legislative department is constantly making changes in the old laws and enacting new ones, the code is revised at intervals in order to eliminate laws that have been repealed and include new ones made.

19. The penalty is the punishment inflicted upon a law-breaker for disobeying the law. This is ad-

penaity. ministered in various ways, and varies in severity according to the enormity of the crime committed. The most usual forms are execution, imprisonment, disfranchisement, banishment and fine. In many of the less civilized countries torture is still inflicted upon the criminal. There must not only be a penalty prescribed for the violation of a law, but there must be a certainty that the penalty will be inflicted. If this were not the case the people would have no respect for the law, and the government would have no control over them.

20. A citizen is a member of the state entitled to the protection of the government of that state in the

citizen, enjoyment of his civil liberty and privileges both at home and abroad. Citizens may be of two classes, native-born and naturalized. A native-born citizen is one born within the territory controlled by his government, or one born out of the limits of the

PKINCIPLES. 23

territory controlled by his government, provided that his parents were citizens at the time of his birth. A naturalized citizen is one born in a foreign country who emigrates to the country of his adoption, renounces allegiance to his native country, and complies with the requirements provided by his adopted country. A resident of a country who is not a citizen is called an alien.

21. Suffrage is the right which the citizens of some states have of voting for the election of rulers or the

suffrage, adoption of measures pertaining to the government and welfare of the state. The election of officers is usually held at specified times, when the electors cast their votes according to the provisions of the constitution and laws of their country. An elector is a citizen who possesses the right of suffrage. A person convicted of a crime is sometimes deprived of the right of suffrage, or the privilege of holding office. He is then said to be disfranchised.

22. The right of suffrage has not always been accorded the people. The time has been when all gov-

M K J uT e Uy ernments were despotisms, and the people were made to believe, through their ignorance and superstition, that their rulers derived their authority directly from God. Civilization and enlightenment have shown the people the fallacy of this belief, and they have claimed the privilege of suffrage as a right, and in many instances have wrested the privilege from their unwilling rulers in hard-fought and bloody revolutions. The doctrine of suffrage is based upon the principle that the majority should rule. While the tendency, of all free governments is toward universal suffrage, yet its consummation is practically unattainable. Citizenship includes not only men, but women, children, idiots, maniacs and convicts. There must always be some limit to the granting of the right of suffrage to these. We are yet very far from the point where a majority may be said to rule. As an illustration, take the election of Governor in Massachusetts in 1875 :

Population of the state 1,651,652

Number of persons entitled to vote, 351,056 Number of votes cast for successful

candidate 83,639

It will be seen from these statistics that the number of persons expressing a choice for the successful candidate for Governor was only about one-twentieth of the number of citizens in the state, and yet we say " a majority rules."

23. By tenure of office is meant the term for which an officer is elected. In some cases, especially in raon-

T office. ' archies, this is for life ; but in democracies the term is usually limited to a definite time, generally a stated number of years. The advantage in having the term limited is that if he prove to be incompetent or unworthy, the people, by a new election, may remove him and elect a new officer.

24. The capital of a country is the seat of government. It is here that the chief ruler resides. If the

capital, etc. government be limited, the legislative bodies usually meet at this place, and the higher courts also hold their sessions here. The metropolis of a country is its chief city.

REVIEW QUESTIONS.

1. What is a state ?

2. How else is the term sometimes used ?

3. What is a society ?

4. Why is society necessary to civilization ?

5. What is government?

6. Why is government necessary to the existence of a state ?

7. What is civil government ?

8. What is martial law?

9. Show the distinction between civil government and martial law.

10. How many functions has every perfect government, and what gives rise to them?

11. Name each department of government and tell its function.

12. In how many and what classes may all governments be included ?

13. Define each class.

14. What is an absolute monarchy?

15. By what other name is it sometimes known ?

17. What is a limited monarchy?

19. Give the principal features of resemblance and difference between an absolute and limited monarchy.

20. Upon what other basis are monarchies divided, and into what classes ?

21. What is an aristocracy?

23. Into what classes are aristocracies divided?

24. "What is an oligarchy ?

25. What is a democracy ?

26. Into what classes are democracies divided ?

27. What is a pure democracy?

29. What is a republic ?

31. Give the comparative merits of a republic and a pure democracy.

32. What is the chief executive of a republic usually called ?

33. What are mixed governments ?

34. In what respects is Great Britain a mixed government ? The United States ?

35. By what names are monarchies usually known ? ' 36. What is an empire ?

38. Give some of the names applied to rulers of empires.

39. What is a kingdom?

41. What are the rulers of other forms of monarchies called?

42. What is a colonial government ?

44. What is a tribal government ?

46. • What is anarchy ?

47. What is the distinction between the government and the state ?

48. What is meant by the sovereignty of a state ?

49. What is a state called that is not a sovereign state ?

50. Give an example of a sovereign state. Of a state not sovereign.

51. Why is a close separation of the functions of government not advisable ?

52. What is a constitution ?

53. What is the purpose of a constitution ?

54. How many and what kinds of constitutions are there ?

55. What country is governed by a written constitution ? By an unwritten constitution ?

56. What are laws ?

57. What kinds of laws are there? Which is the higher authority when they conflict ?

58. What does each include ?

59. What is meant by a code of laws ?

60. Why is it necessary to frequently revise the code?

61. What is meant by penalty ?

62. Why is a penalty necessary to the enforcement of a law ?

63. What is a citizen ?

64. In what ways may a person become a citizen ?

65. What is an alien?

66. What is suffrage ?

67. What is an election ? Elector?

68. What is meant by disfranchising a person ?

69. What is meant by the " majority rule?"

70. How have the people obtained the right of suffrage ?

71. What is meant by tenure of office?

72. What is the advantage of having the length of term limited to a definite time ?

73. In what form of government is the term usually limited ?

74. What is the capital of a country ? Metropolis ?

75. What is the capital of the United States ? Of your State?

76. What is the metropolis of the United States ? Of your State?

GOVERNMENTS OF THE WORLD.

I 1 Republics

l 2 Of America

l 3 North America

1* United States

2 4 Mexico 2 3 South America

1* Argentine Confederation

2 4 Bolivia

3 4 Chili

4 4 Colombia

5* Paraguay

6 4 Peru

7* Uruguay

8 4 Venezuela.

9* Ecuador 3 s Central America

1* Guatemala

2* Costa Rica

3* San Salvador

4 4 Honduras

5 4 Nicaragua 4 s West Indies

1* Hayti

2 4 Santo Domingo 2 2 Of Europe l 3 France 2 3 Switzerland 3 3 Andorra (in Spain) 4 3 San Marino (in Italy) 3 2 Of Africa

l 3 Liberia (Negroesfrom U. S.) 2 3 Orange River Free State. 3 3 Transvaal Republic 2 1 Empires

l 2 Of South America — Brazil 2 2 Of Europe l 3 Germany 2 3 Austria-Hungary 3 3 Russia 4 3 Turkey 3 2 Of Asia l 3 China

CIVIL GOVERNMENT.

2 3 Japan

3 3 Turkey (belonging to Turkey in Europe) 4 s Turkestan 5 3 Persia 4 2 Of Africa — Morocco 3 1 Kingdoms

l 2 Of Europe l 3 Belgium 2 3 Denmark

3 3 Great Britain and Ireland 4 3 Italy

5 3 Netherlands (Holland) 6 3 Portugal 7 3 Spain

l 3 Burmah] 2 3 Siam J-Indo-China 3 3 An am J 3 8 Of Africa.

I 3 Abyssinia 2 3 Madagascar 3 3 Ash an tee 4 3 Dahomy 4 2 Oceania — Hawaiian Islands 4 1 Tribal Governments l 2 Of Asia

l 3 Southern Arabia 2 3 Afghanistan and Beloochigtan 2 2 Of Africa

l 3 The Sahara

2 3 Soudan and Equatorial Africa 3 3 Senegambia 4 3 Zanquebar 5 1 Colonial Governments l 2 Of America

l 3 North America

l 4 Greenland and Iceland (Belong to Denmark) 2 4 Dominion of Canada "I r . n . r> .. . N 3 4 Newfoundland } «° Great BrUain ^

2 3 South America

1* British Guiana (to Great Britain)

2 4 French Guiana (to France) 3 4 Dutch Guiana (to Holland) 3 3 Central America — Balize (to Great Britain) 4 s West Indies

1* Greater Antilles

l 5 Cuba and Porto Eico (to Spain)

2 5 Jamaica (to Great Britain) 2 4 Lesser Antilles

l 5 Santa Cruz ) ,, ^ M

2*St.Tl l omas}( to - D<!m ' ,crf )

5 5 The other Islands (to Great Britain) 3 4 The Bahamas (to Great Britain) 2 2 Of Europe

l 3 Gibraltar (to Great Britain)

2 3 Malta (to Great Britain)

3 3 Corsica (to France)

4 3 Balearic Isles (to Spain)

5 3 Bulgaria (to Turkey) 3 2 Of Asia

l 3 Hindostan ")

2 3 British Burmah

3 3 Ceylon

4 3 Hong-Kong )■ (to Great Britain)

5 3 Aden

6 3 Singapore

7 3 Malacca J

8 s Lower Cochin China (to France)

9 3 Siberia ~\