American civics handbook

Foreword

This book is the outgrowth of class-room experience. It is published because of a demand from friends for copies of the notes which are the basis of the text. For several years the author vainly tried ro correlate Civil Government and United States History in a single course of one semester by the use of several texts ; the vanity of the effort caused the preparation of the notes of which this book is the elaboration. After five years of use, in manuscript, he has found the plan outlined within these pages eminently successful and he presents it to the public with the hope that it may be of use to others.

The text is called a handbook and is intended to be used in connection with the larger and stronger texts in Civil Government and United States History. The liberal use of note books and maps is imperative as is also the frequent use of larger texts for elaboration of topics but briefly considered in this very concise text. It is hoped, also, that it will be found very helpful for teachers and others who desire to prepare for examinations.

It is suggested that this book be used by the advanced class of the smaller secondary schools in a course of twenty weeks and that the topical method be employed in the United States History, following the list of Memorable Events in the later history and the topics given as sub-heads on the side of the pages in the earlier history.

The author has made a modest effort to correlate all history with that of the United States and with Civil Government, using the history of England as a medium. In this way it will be possible for a student to make a general review of all history in the fourth year of his course and make the facts permanently a part of his equipment by memorizing the Focal Dates.

CHAPTER I. Social Evolution

Man is a social being and the social instinct or sentiment being natural and universal, mankind is everywhere found associated in groups called social units, and when so associated man is said to be living in a state of society.

With the creation of the family the social life of men began and so- jyj an a ciety became a necessity. "In examining these social units it is found that Social Being the more civilized their members are, the greater sociability they exhibit, and, consequently, the closer they draw together in their common relations. The closer they draw together the more interests they have in common, and the more necessary it becomes that the selfish desires of individuals should give way to, when they conflict with, the general interests of the community at large."

The selfish instincts combat constantly with the higher social feelings and mankind early appreciated that the absolute reign of the selfish instincts would lead almost immediately to common destruction. In the lowest stages of civilization the sole social aim animating man to unite in social units larger than the family, in tribal or clan units, was the desire for peace.

Each soon saw that the maintenance of peace in the social unit was « « f . < to the individual advantage of each and that other interests should be se- e 1S nc8S cured through the common effort of each member of the social unit. Public Soirit

Man first desired protection for the game taken in the chase, then for p

the domesticated animals of the pastoral stage, and later formulated rules governing the ownership, at first' only temporary, of the cultivated land of the agricultural stage. From these interests developed the many laws regarding personal liberty and the right of property, which are every day becoming so intricate and complicated that now no man can live "to himself alone."

The keynote of social harmony is the subordination of the individual desires to the general good.

Wars, revolutions and immense expense of life and treasure have been necessary from time to time to keep this truth in the mind of man, and those nations have always been superior in prosperity and happiness and frequently in political power which have most perfectly obeyed this rule.

The earliest unit was the family, which is the "school of all The Family the virtues." Xext to the family is the tribe, which was originally The Tnbe! only an enlarged family, or the grouping of relatives under a patriarch.

This is the stage of social development attained by most of the savage races of today.

The Nation

Citizens and Aliens

The next stage of development is that of the nation. A nation is a community of persons, usually inhabiting a certain territory, associated under and controlled by a single government, and with a greater friendliness for one another than for others. The nation originated in identity of race, those of the same race constituting one nation : thus the nation is as originally an enlarged tribe or clan. As nations increased in size other people entered of differing races, until now few nations have absolute identity of race. Although identity of race is the chief factor causing a feeling of common nationality, yet other very important factors operate with identity of race, such as a common history, sameness of religion, similar customs, a common language and identical commercial interests.

The British have a common history, the Jews sameness of religion, the Chinese similar custom, the French a common language, the Swiss identical commercial interests.

Nations are generally organized in states. A state is an organized society or community of persons living within certain limits of territory, and aiming to secure the prevalence of justice by selfimposed law.

The government of a state is subject to change and the people, who are the state, can mould it as they will. Individually the members of a state are called citizens or subjects; collectively they are called the people.

Government is the organization of the state, the machinery through which its purposes are formulated and executed. Civil government is the control by law of the citizens of a state and this control involves the exercise of three fundamental functions : ( i ) The law-making function.

(2) The law-interpreting function.

(3) The law-administering function.

The people living under a government are divided into two classes :

(1) Citizens or subjects.

(2) Aliens.

An alien is a citizen or subject of a foreign state, residing in another state, where he is held in obedience to the laws but enjoys only such rights as the state in which he resides sees fit to grant to him, as for example: the right to acquire and own land* to vote, etc. All who are not aliens are citizens or subjects. In some countries there is a third class, called denizens, but in this country all who are not aliens are citizens. Aliens may become citizens of the United States by naturalization. So that by the Fourteenrh Amendment to the Constitution there are two classes of citizens — those of native birth and naturalized aliens. Citizenship does not of itself give the right to vote. Suffrage is a. privilege granted as a reward of merit.

Chapter II

Government is the organization of the machinery of a state, and its functions may be classified :

(i) As to the character, into legislative, the law-making power; executive, the law-administering-power, and judicial, the law-interpreting power : and

(2) As to the necessity of their performance by the state, into essential and non-essential.

Law being "a rule of action prescribed by a superior power,'' it is necessary that the superior power (the state) declare what i c law, and this the state does through the legislative power.

When the laws explicitly forbid certain acts, and attach penalties 10 their performance, such acts are termed crimes or misdemeanors, and laws forbidding them are termed criminal laws, and the persons violating them are tried in the criminal courts. When the laws have reference to other matters, such as property, contract, commerce, etc., they are termed civil laws and are interpreted and applied in civil courts.

After these laws are made and declared they must be enforced, this is done by the state through the executive function : and when there is doubt as to the meaning of a law the doubt must be sectied by the state through the judicial function.

The forms of government depend largely upon the manner of administering the three functions.

When a government combines the three functions of legislation, administration and interpretation in one and the same person, such government is called an absolute monarchy. When the government is theoretically vested, as to the three functions, in one and the same person, but the power of the ruler is limited by a constitution, formulated wholly or in part by the people, written or unwritten, such a government is called a limited or a constitutional monarchy. A government in which the chief executive and the members of the legislative department are chosen by the people and the judiciary chosen by the executive or elected by the people, is called a representative democracy, or a republic. Where the whole body of the people meet to make the laws and select in a public meeting the executives and judges, such a government is called a pure democracy. A state in which all the functions of government are in the hands of a few self-appointed leaders is called an oligarchy, or an aristocracy.

Despotic government and popular government do not designate forms distinct from monarchy, aristocracy and democracy but the terms are used to de scribe the form of political control by the people.

A popular government is one where, to the utmost degreo, a "govern-

Functions of Government

Law

Forms ot Government

Popular Government ment of the people, by the people and for the people," is realized. Thus arises the distinction between free and despotic government, as to whether rule is in accord with or without reference to, the will of the people.

As civilization advances the people grow, both in orderly habit and in moral qualities. As the distinction between right and wrong develops in a people principles of justice are more frequently followed with regard to the sanction of the state and as self-dependence develops self-government also grows, and man aspires first to individual freedom, (or the security derived from the law whereby one is protected by the government from th3 violence of other individuals), and then for political freedom, (or the power of the people themselves to determine what form of government shall be established and what shall be its power). Subjects may have great individual freedom without any political freedom, as in Rome under the emperors, and vice versa, as in the South American republics. Since the dawn of history there has been a struggle between the forces of authority and of liberty, government swinging at one time toward despotism anl peace and again toward anarcny and freedom, but in most modern civilized countries authority and liberty have been happily blended into aconstitutional state.

The functions of the state as to the necessity of their perform • ance are divided into:

(i) Essential, and (2) Non-essential.

The essential functions are admitted by all but Anarchists, and are classified (by President Wilson) as:

1. The keeping of order and providing for the protection of persons and property from violence and robbery.

2. The fixing of the legal relation between man and wife and between parents and children.

3. The regulation of the holding, transmission and interchange of property and determination of its liabilities for debt or for crime.

4. The determination of contract rights between individual 3.

5. The definition and punishment of crime.

6. The administration of justice in civil causes.

7. The determination of the political duties, privileges and relations of citizens.

8. The dealings of the state with foreign powers and the advancement of its intellectual interests.

The non-essential functions are those which regulate the economic, industrial and moral interests of the people. This pertains to the government regulation of such matters as harbors, rivers, roads, the post system, canals, care for the poor and insane, etc. There is a wide divergance o* view and opinion as to the extent the government should participate in the non-essential functions. Excessive interference tends towards socialism and communion and lack of interference lowers the standard of the stateand creates classes and an artistocracy.

ELEMENTARY LAW

CHAPTER III. Elementary Law

As the functions of state as to character are law-making, law-interpreting and law-administering, it is important to know something of elementary law.

The law of civil conduct is of two kinds, international, prescribed by the common consent of Christian nations, regulating their intercourse with one another, and in this country administered through the Dept. of State, by means of the Diplomatic service sometimes with the help of the consular and naval services, and interpreted by the Federal courts; and municipal law, prescribed by the supreme power of a state regulating the intercourse of its state with its subjects and of those subjects with each other.

American municipal law, is, as to its object, Federal, prescribed by Congress and the Constitution and Treaties, and State, prescribed by the state legislatures, under the state constitutions.

Law protects rights and redresses wrongs. Rights, at law, are of two kinds, public and private, and Wrongs, are of two kind, Private, (known as torts) where the rights of private persons are violated, and Public, (known as crimes), where the rights of the state over its people, or those of the people in, or against, the state, are either diminished or destroyed.

Besides the written law (and in England the un-written law), there are other rules of civil conduct, which are practically applied, by certain courts, to the enforcement of rights and the redress of wrongs. The most important of these is that system of rules known as Equity. Equity is intended to supply the defects, and correct the evils, created by the universality and inflexibility of the rules of law. When law fails to give protection or redress, relief must be sought in equity. It is administered by Courts of Chancery or Equity.

Private rights are of two kinds. Absolute and Relative. Private Wrongs are the violation respectively of the various kinds of private rights. There are three absolute private rights, the Right of Personal Security; the Right of Personal Liberty; the Right of Private Property.

Personal Security is the right every man has to legal and uninterrupted enjoyment of his life, limbs, body, health and reputation. Personal Liberty is the right to be legally free from imprisonment, and a person will be delivered from illegal imprisoning by the judicial proceeding known as the Writ of Habeas Corpus. Private property is the right which every man has to use and dispose of all his property, subject to no control save that of law.

Property includes whatever can be exclusively possessed and

International

and

Municipal

Law

Rights and Wrongs

Absolute Private Rights

IO

Property

Relative Private Fights enjoyed, and is classified as to intrinsic character as corporeal and incorporal ; and as to legal character into Real, or that which is, in contemplation law, immovable, and Personal, or that which is movable in contemplation of law.

The interest in property is known as an Estate, and is both real and personal. The subject of estates is one of the most complicated and elaborate in law. Estates in real property, in this country, are now nearly ail granted by. deed or by will. An estate is acquired by means of a title, and a title is therefore the means by which the owner of an estate acquires his right of property. There are many kinds of titles, the most important of which are those by devise (will, etc.,) marriage, judicial decree, public grant (land patent), private grant (deed) and by contract.

The Relative Private Rights are four: Husband and Wife: Parent and Child : Guardian and Ward : Master and Servant.

The violations of Public Rights are Public Wrongs. Public Wrongs, or Crimes, are of three classes : Treason, Felony and Misdemeanor.

In the U. S. as denned by the Constitution, Treason consists only in levying war against the U. S., or in adhering to their enemies, giving them aid and comfort. Felonies were originally those crimes involving in punishment forfeiture of estate, but as forfeiture in this country is forbidde.i, it includes those crimes usually punishable by death or imprisonment in a State prison. Misdemeanor includes all crimes that are neither Treason nor Felony. Felonies against the person, are Murder, Manslaughter and Rape. Against property ^rson, Burglary, Larceny and Robbery. Each state legislates regarding the classification of crimes and the student desiring further knowledge should examine the Statutes of his state.

Judicial procedure regarding private wrongs (torts) is called a

Civil Suit in Law and regarding matters in Equity is called a Civil

Suit in Equity: procedure regarding Public Wrongs or Crimes n

called a Criminal Case.

There is some difference in the procedure in Law and in Equity, and much difference between Civil and Criminal Cases. In cases at Law the person who makes the complaint, that is brings the suit, is termed plaintiff (in Equity complainant), and the one against whom the suit is brought, the defendant.

The essential difference in the methods of trial in law and in Equity is that in law cases there is a jury of six or twelve men selected from the vicinity to decide the facts, and the judge who presides determines the law which is applicable: while in equity cases the judge decides both law and facts, and there is no jury.

By the statutes of many states a jury is permitted in equity cases; especially in divorce cases.

The first thing to do in beginning proceedings is to determine what court has jurisdiction of the case. This depends upon the location of the parties or of the property. The plaintiff then files a precipe, which is a paper suggesting that a writ be issued by the court summoning the defendant to appear before it.

(2) The next step is for the plaintiff to file with the court his formal complaint, called in law a "declaration" and in equity s "bill of complaint" and to notify the defendant that the suit has

ELEMENTARY LAW

I It been brought against him. The defendant then replies or answers in the "plea," and his defense may be again answered by the plaintiff in the "replication," and so on, if necessary, through the re joinder, surrejoinder, rebutter, sur-rebutter, etc., until the exact points at controversy are determined, or as stated technically, until the "issue" is determined. This stage is called' the process of "pleading."

The law case is then ready for (3) trial, but in equity the parties then proceed to take depositions or take evidence before a master in chancery and in equity the lawyers argue the case before the judge as to the conclusions drawn from the facts presented. All the evidence and documents in the equity case are called the record. In the trial (3) of a case at law both lawyers state to the judge and' jury the points each expects to make. Then the witnesses on each side are examined and cross-examined, under very delicate rules of evidence as to admissible testimony.

(4). This concluded, the lawyers, in what are called "prayers" or "instructions, " ask that the judge instruct the jury that the law which is applicable is such and such. The judge grants such prayers as he sees fit, and instructs the jury as to the law, and directs them that if they find the facts as based upon the given evidence to be so and so, they are to give a decision in favor of the plaintiff; or if they find the facts to be otherwise, then they are to decide in favor of the defendant.

5. This decision by the jury is termed the "verdict," and must be concurred in by all twelve of the jury.

The next step is for the defeated party, if he so desires, to take an appeal to a higher court.

In a law case this takes the form of an argument in the higher court, in which there is no jury, based upon the alleged errors committed by the judge of the lower court in any of his rulings either upon the admissibility or inadmissibility of evidence, or in his instructions to the jury, which alleged errors have been excepted to by the defeated party at the time made. Other grounds of error may also be adduced. The higher court rarely interferes with the verdict of a jury in the court from which the appeal is taken; only where the verdict is very evidently unreasonable or where there is some technicality as to the personelle of the jury will the higher court s'et aside a verdict on appeal. If the judge of the higher court thinks the trial judge committed material error a new trial is ordered in the lower court.

Appeal

In the case on appeal to a supreme court in a suit in equity the whole "record" goes to the higher court and the trial is substantially similar to that held in the lower court.

In a criminal case the first step is the arrest of the offender.

This may be without warrant where there is great certainty of the criminal, or with warrant, which is a paper issued by a magistrate commanding an officer to arrest the man therein described for alleged criminal act. The accused is than brought before a magistrate, who, if he has jurisdiction, may give immediate trial, if not he may commit the accused to await the action of the grand jury for trial before the proper court, and unless release J on "bail" (a bonded security given by friends guaranteeing the appearance for trial of the accused at the proper time), the accused awaits trial in jail.

There are three ways in which one suspected of crime may be formally accused : By information, which is a written accusation.

Criminal Case

Formal under oath, by a public prosecutor, to a competent court: an

Accusation} indictment, which is a written accusation presented by a grand jury,

Inlfctmcn? under oath, and upon the suggestion of the public prosecutor, to a

Presentment competent court.

The grand jury then considers the evidence and if they deem it sufficient order the arrest and trial of the accused by assenting to the indictments and returning them as "true bills." If the indictments are returned "not true bills" the accused, if in custody, is at once released.

The third form is the presentment, which is a written accusation presented by the grand jury upon its own motion.

The main differences in the trial of a criminal case from that of a civil is that the public prosecutor acts for the State as plaintiff : the first step is the arraignment, or formal demand of the guilt of the prisoner. In answering he is said to plead to the indictment, information or presentment. After the usual trial procedure, differing but slightly from the civil, the jury brings a verdict of "guilty" or "not guilty," and the judge imposes the sentence. An appeal may be taken by the defendant but not by the state. After conviction a pardon may be granted by the Governor in State cases, other wise by the President.

HISTORICAL FOUNDATIONS I 3

CHAPTER IV. . Historical Foundations

As Europe has furnished the dominant races of America and as America has evolved its institutions from those of Europe it i:> necessary to begin the study of American History with a brief survey of European history.

In considering history from the viewpoint of Civics it will be best to examine very briefly the events which were steps in the struggle between liberty and authority. Not to be burdened with a mass of dates and facts the following events and dates have been selected as those pertaining to the illustration of man's gradual emancipation from tyranny.

B. C. 776. First Olympiad. Beginnings of Greece and culture.

B- C. y^3- Founding of Rome. Beginning of Rome and rule by law.

B. C. 490 Battle of Marathon. Persia and Orientalism crushed in Europe.

B. C. 331. Battle of Arbela. Persian Empire in Asia crushed by Alexander.

B. C. 55. Invasion of Britain by Caesar. Law and order enters England.

B.C. 4. Birth of Christ. Religious toleration begins. Focal Dates

A. D. 410. Alaric sacks Rome. Romans leave Britain. Way opens for Saxons.

A. D. 449. Hengist and Horsa enter Britain. Local self-government begins.

A. D. 597. St. Augustine in Britain. Christianity in Britain.

A. D. 622 Hegira of Mohammed. Asia reformed and uplifted.

A. D. 800. Charlemagne crowned. Beginning of Holy Roman Empire.

A. D. 1066. William the Norman becomes king of England. Centralization.

A. D.i 21 5. Magna Charta granted the Barons by John. "The first Bulwark."

A. D. 1265. First House of Commons. Parliamentary government begins.

A. D. 1438. Invention of Printing. Freedom of the press

begins.

A. D. 1492. Discovery of America by Columbus. "A haven

for the persecuted."

A. D. 15 17. The Reformation. Freedom of Worship. A. D. 1628. Petition of Right. "The second Bulwark oi

English Liberty."

A. D. 1689. Bill of Rights. "The third Bulwark." A. D. 1776. Declaration of Independence.

As the English language is the tongue of the people of the Africa* United States and as the institutions of the United States are de- Civic rived largely from those of England, the real history of the peo- History pj e f t ^ e United States commences, previous to 1776, with the beginning of the history of England. The American Civic History may be divided into three parts as follows :

Part I. The History of England previous to 1776. Part II. The events in America from 1776 to 1828, the period when the United States was dominated by foreign influences. Part III. The events from 1829 to the present.

ENGLISH CONSTITUTIONAL HISTORY

*5

CHAPTER V. Richard Edward

Henry V, 1413: Henry

Part I — English Constitutional History

The dates of the reigning monarchs are the bases of English chronology. The following is the list: (England has been ruled by tight dynasties, Norman, 1066: Plantagenet, 11 54: Lancaster, 1399: York, 1 46 1 : Tudor, 1485; Stuart, 1603; Nassau, 1689: Brunswick-Hanover, 1714; Saxon rule was so weak and non-centralized that it has been disregarded : ( Saxon ; Egbert 828 ; Alfred 878).

NORMAN: William I, 1066: William II, 1087: Henry I, 1 100: Stephen, 1135.

PLANTAGENET : Henry II, 1 1 54 1 199: Henry III, 12 16: Edward I, 1272: ward III, 1327: Richard II, 1377.

LANCASTER: Henry IV, 1399 VI, 1422.

YORK: Edward IV, 1461 : Edward V, 1483: Richard III, 1483.

TUDOR : Henry VII, 1485 : Henry VIII, 1509 : Edward VI, 1547: Mary, 1553: Elizabeth, 1558.

STUART: James I, 1603: Charles I, 1625: (Commonwealth, 1649), Charles II, 1660: James II, 1685.

NASSAU: William and Mary, 1689: Anne, 1702.

BRUNSWICK: George I, 1714: George II, 1727: George III, 1760: George IV, 1820: William IV, 1830: Victoria, 1837: Edward VII, 1901.

True American Civic History commences during the reign of George III. Previous to that our history was identical with that of England. The following is a brief sketch of the constitutional changes previous to the Declaration of Independence.

While it is usual to speak of the English as a mixed race formed out of the fusion of the Britons, the Anglo-Saxons, the Danes and the Normans, yet one element has maintained a decided predominance; this element is the German or Teutonic, sometimes called the Anglo-Saxon. When the Anglo-Saxon invaders secured a foot-hold in Britain in the 6th Century they established institutions there, which still exist in modified form and form the basis of American civil life. While the English race owes its virility largely to its mixed character, yet England and the United States owe

Kings of England

English a Mixed Race i6

Shire

County

Borough Manor

Eorl, those their high position in the world of nations largely to the predominance of the elastic Anglo-Saxon institutions.

The Teutons brought to Britain three groups of people : or noble: Ceorl, or free yeoman; and two classes of Slaves attached to the land and those attached to the person.

They divided England into

( i ) Public or Folcland, and (2) Private or Bocland.

In the former originated our American Public Domain, an. I in the latter the land held by private ownership. As the regal office advanced in dignity and power the King was substituted for the Nation and the Folkland became Crownland. The unit of the territorial division was the Tun, (township or vicus), occupied by a group of free owners, and governed by a tun-gerefa, (or elected head man), and its tun-gemot, or assembly of freeman. The tuns were grouped in Hundreds, (called Wapentakes in the counties settled by Angles), ruled by a Hundred-man and a Hundredgemot, or Hundred-court. A group of a Hundred constituted the Shire and the united Shires made up the Kingdom.

The Shire, meaning simply a "share' or a larger whole, called also Scire, was originally a small kingdom, one of the divisions of the original Heptarchy (or seven kingdoms) : it was ruled by a Scir gerefa, or Sheriff, conjointly with an Ealdorman, who was originally elected by a general assembly of the small kingdom. In 828 the many small Teutonic kingdoms dividing Britain were united by the conquest of Egbert of Wessex and then for the first time we have a united England. On the annexation of an under-kingdom to Wessex the ealdormanship usually became herditary in the old royal house and the sheriff became the special representative of the King. He was judicial president of the Scir-gemot and general executor of the law. After the Norman Conquest the word County, meaning the domain of a count or earl, was partially substituted