Elements of Civil Government by Alexander L. Peterman

A >> Alexander L. Peterman >> Elements of Civil Government

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15

MORAL RIGHTS AND DUTIES.--Man is a moral being; that is, he is
conscious of good and evil. Therefore he has moral rights and duties.

He has rights of conscience, with which it is not the province of
government to interfere. He naturally worships a Being superior to
himself, and feels the obligation to deal justly with his fellow-men.
He has a right to do and say all things which are not unlawful or wrong
within themselves. It is his right to worship when he pleases, whom he
pleases, and as he pleases.

The moral rights and duties of the people are concerned in the
maintenance of religion, the support of churches, in reverence for
things sacred, in acts of charity and benevolence, in living an upright
life, and in teaching lessons of morality, honesty, industry, and
usefulness. Whatever is implied in the word _ought_, correctly used,
is a moral duty.

POLITICAL RIGHTS AND DUTIES.--By the social compact, men also agree to
abandon a part of their natural rights in order to participate in the
government. They agree in part to be governed by others, in order that
in part they may govern others. The rights of participation in the
government, such as voting and holding office, are called political
rights, because they affect the public policy of society.

Political rights do not belong to men by nature, but are conferred by
government. Within reasonable bounds, they may be enlarged or
restricted without injustice. Since they are conferred by the
government, the power to vote and to hold office is a privilege to be
enjoyed rather than a right to be asserted.

In the United States the political rights of the people are carefully
set forth in the Constitution. The smallest functions of government,
such as the size and color of a postage stamp, or the employment of a
page in the State legislature, touch the political rights of the
citizen. Appointment and elections to public office, the enactment of
laws, and the performance of public duties are questions of political
concern.

Good laws, good administrations, and the perpetuity of the government
itself, depend upon the manner in which the people discharge their
public duties. A man who habitually fails to vote and to take interest
in the political affairs of his country may be a good man, but he is
certainly a bad citizen.

To be a good citizen is to aid intelligently in giving the people good
government. For a man to hold himself aloof from politics, unless his
action is based upon conscientious scruples, shows his interest in
himself, and his lack of interest in his country.

SUGGESTIVE QUESTIONS.

1. Why does happiness depend upon the maintenance of rights?

2. How do persons _born_ under government agree to be governed by the
laws?

3. If the claims of people as to their rights conflict, how is the
difference settled?

4. What is meant by the phrase "common carrier"?

5. Is it right for men to hold aloof from public affairs because there
is corruption in politics?

CHAPTER XVII.

LAW AND LIBERTY.

Through law rights are secured, and the performance of some duties is
enforced. _Law_ is a rule of action, prescribing what shall be done
and what shall not be done. Laws exist for the purpose of securing the
rights of the people. The enjoyment of rights is _liberty_.

As the enjoyment of rights depends upon their security, and as they are
secured by law, therefore liberty is based upon law. Without law there
could be no political liberty, and the civil liberty of the people
would be narrow and uncertain. It may be said, therefore, that there
can be no true liberty without law; but laws may be so many and so
stringent that there can be no liberty. Liberty and _just_ laws are
inseparable.

Liberty and rights are of the same kinds, _industrial_, _social_,
_moral_ or _religious_, and _political_. The words "rights," "law,"
and "liberty" are full of meaning, and in a free country suggest ideas
of the deepest reverence.

ORIGIN.--The laws of the country are partly human and partly divine.
They were framed by man, but some of them are based upon the laws of
God. Some are of recent origin, and many are so ancient that their
beginning can not be traced. When men began, to live in society, they
began to make laws, for laws at once became necessary. Laws are
undergoing constant changes, as new conditions arise and new customs
prevail.

KINDS OF LAW.

The _moral law_ prescribes our duties to men, and also to God. It is
summed up and revealed in the Ten Commandments, and is the same as the
law of nature taught us by our consciences.

The _common law_ consists of the principles and rules of action applied
by the courts in cases not regulated by express legislative acts. It
is the unwritten law which has been practiced for ages in England and
the United States. In all States of the Union, except Louisiana, cases
not covered by the acts of the legislature are tried by the common law.

The _civil law_ is the law that prevailed among the ancient Romans. It
is still in use among most of the nations of continental Europe. In
Louisiana it is applied to cases not covered by the laws of the
legislature. The words _civil law_ are sometimes used to denote the
law governing civil suits.

_Statute law_ consists of the acts passed by legislative assemblies.
The words are used to denote the opposite of common law. The enactment
of a statute by a State legislature repeals the common law previously
in force upon the same subject.

_International law_, often called the _law of nations_, consists of the
rules and customs prevailing between civilized nations in their
relations with one another. It is based upon the law of nature, the
law of right and wrong.

_Criminal law_ is the law governing criminal cases. It is partly
common law and partly statute law. "Ignorance of the law excuses no
one."

_Parliamentary law_ consists of the rules and customs governing
parliamentary assemblies. It prevails in all law-making bodies, in
conventions and deliberative meetings.

_Martial law_ is the law which regulates men in military service. It
prevails in the army and the navy. The courts which apply it are
called _courts martial_. Martial law is noted for its severity.

_Maritime law_, or _marine law_, is the law especially relating to the
business of the sea, to ships, their crews, and navigation. The courts
of maritime law are _admiralty courts_.

_Commercial law_ is a system of rules for the regulation of trade and
commerce. It is deduced from the customs of merchants.

COURTS.--Laws are administered, that is, explained and applied, by
means of courts. A _court_ is a body organized for the public
administration of justice. A court may consist of a single judge or
justice, or of a number of judges acting together.

A court can administer the laws only in cases which are brought before
it. The highest court in the land can not make an order or render a
judgment until the question comes to trial in a regular way.

SUITS.--_Suits at law_ are called _causes_, _cases_, or _actions_.

A _civil cause_ is a suit between persons, brought to recover rights or
to secure compensation for their infraction.

A _criminal cause_ is a charge brought by a State or by the United
States against a person for the commission of a crime.

The _plaintiff_ is the person who brings the suit. The _defendant_ is
the person against whom the suit is brought.

In all criminal cases in State courts, the State is the plaintiff; in
other words, society prosecutes the offender in the name of the State.
In criminal cases in the United States courts, the United States is the
plaintiff.

JUDGES.--The judge represents the majesty of the law, and is often
called the court. He maintains the dignity of the trial, determines
the method of procedure, interprets the law, instructs the juries,
renders judgment, and in criminal cases passes sentence upon the
offender. Judges are presumed to be learned in the law, and to be
perfectly just and impartial in their rulings.

JURIES.--Most of the courts of this country have two juries, called
respectively, _grand jury_ and _trial jury_ (or _petit jury_).

The purpose of the grand jury is to investigate crime, and to present
charges, called indictments, for trial by the court. The number of
grand jurors to the court varies in different States, being not more
than twenty-four and not less than twelve. The grand jury has a
foreman, elected by it, or appointed by the judge of the court.

The grand jury inquires into violations of the law, and if, in the
judgment of twelve jurors, the evidence in a particular case warrants a
trial, a formal written charge is prepared, and the foreman indorses
thereon, "_A true bill_." Upon this indictment the offender is tried
by the court.

In a few States grand juries are rarely if ever called, the indictment
being found "on information" or on evidence presented to a court
commissioner.

A trial jury usually consists of twelve men, but in some States a
smaller number may be accepted by the judge of the court, in certain
cases, by the agreement of the counsel upon the opposing sides. The
trial jury hears the testimony and argument, and then decides upon the
truth of the facts in dispute, and renders a verdict or decision in the
suit, and in criminal cases convicts or acquits.

In some States all the jurors must agree, or there is no verdict. In
other States the jury may render a verdict by the agreement of less
than the whole number of jurors. Under certain regulations a party to
a suit may _challenge_, that is, reject, a part or all of the jurors,
and have others selected in their stead.

ORIGIN OF JURIES.--Grand juries and trial juries are of great
antiquity. It is thought that they existed among the Saxons in the
north of Europe before they invaded and settled England, more than
fourteen hundred years ago. The jury system and many other political
institutions of the United States are derived from England.

Both the grand jury and the trial jury are firmly grounded in this
country, being recognized, in the constitutions of nearly all the
States and the Constitution of the United States, and are regarded as
among the strongest supports of a free government.

OFFICERS OF COURTS.--Each court has one or more ministerial officers,
variously designated as _constable_, _sheriff_, _tipstaff_, or
_marshal_. Each court also has one or more clerks, and sometimes other
officers. _Attorneys_ are considered officers of the courts in which
they practice. They usually represent the plaintiff and the defendant
in court and are then called _counsel_.

LEGAL PROCEEDINGS in civil cases begin by the court issuing a writ, at
the instance of plaintiff, summoning defendant to appear. The
defendant responding, pleadings are filed--the claims of plaintiff, and
answer or demurrer of defendant. If these disagree as to facts, the
court subpoenas witnesses. In the presence of judge and jury, the
plaintiff states his case and the defendant his defense, witnesses are
examined and cross-examined, and the case is argued. The judge then
charges the jury--summarizing the evidence and indicating points to be
decided; the jury retire to prepare their verdict, which is announced
and recorded as the judgment of the court.

In criminal cases the accused may be arrested on a grand jury
indictment or a magistrate's warrant. Unless the crime is murder, the
accused may be released upon bail until trial, which proceeds as in
civil cases.

SUGGESTIVE QUESTIONS.

1. Why does the State prosecute offenses, instead of leaving this duty
to private persons?

2. What is meant by passing sentence upon an offender?

3. Do you believe in the jury system, or in the trial by several judges
sitting together? Why?

4. Have you ever seen a court in session?

5. In this State a grand jury has how many members?

CHAPTER XVIII.

SUFFRAGE AND ELECTIONS.

SUFFRAGE.--The most important political right is the right of suffrage;
that is, the right to vote. As the government exists for the benefit
of the governed, the purpose of suffrage is to place it under their
control. It gives each qualified voter a voice in public affairs, and
places the country under the rule of the people.

As the interests of the voters and their families are the same, and as
the voters represent these interests, the whole people, including women
and children, have an influence in the government. The whole machinery
of the State and of the United States is in the hands of those who do
the voting.

IMPORTANCE.--The importance of this right can scarcely be
overestimated. It constitutes the difference between a free country
and a despotism. There can be no freedom unless the right to vote
resides in the people; nor can there be good government unless this
right is exercised with an intelligent regard for the public welfare.
Yet vast numbers of voters never realize the power they wield or the
great responsibility it entails upon them.

ELECTIONS.--The right of suffrage is exercised by means of elections.
An election is the direct method of ascertaining the will of the people
upon public affairs. They are held for the purpose of giving the
people opportunity to express their choice in the selection of
officers, and thus to make known their will upon questions of public
concern.

METHODS OF VOTING.--There are three methods of voting--_viva voce_, by
ballot, and by machine. A man votes _viva voce_ by announcing to the
election officers the name of the candidate of his choice, and having
it recorded upon the polling-list. A man votes by _ballot_ by handing
to the officers a slip of paper containing the name of the candidate
voted for. The officers deposit the ballots in a box called the
_ballot-box_. A voting machine has a knob or lever for each candidate,
and is so arranged that the voter can record one vote.

The _viva voce_ method was once considered the best; but voting by
ballot or by machine has supplanted it generally in the United States.

The Australian system provides at each polling-place a private
apartment, called a booth, where each voter in private prepares his
ballot from a printed list of all the candidates, and then hands it to
the officers, who deposit it in the ballot-box.[1]

OFFICERS OF ELECTIONS.--The officers of elections at each polling-place
are usually two or more supervisors, inspectors, or judges; a clerk;
and a sheriff, marshal, or other officer of the peace.

The _supervisors_ or inspectors decide who are entitled to vote under
the law, and in elections by ballot they deposit the ballots in the
ballot-box.

The _clerk_ makes a list of the names of voters, and when the election
is _viva voce_ he records the votes.

The _sheriff_ or other peace officer preserves order at the polls, has
charge of the ballot-box and polling-list after the election closes,
and delivers them to the proper authorities.

In most States, at the close of the election the officers _canvass_,
that is, examine the votes cast, and certify the number of votes
received by each candidate.

In some States the ballot-box is sealed at the close of the election,
and delivered to the canvassing board of the county. In such cases the
canvassing board of the county canvasses the vote, and in State and
national elections sends returns to the canvassing board of the State
at the State capital.

In some States election officers are appointed by the county officers,
usually by the county judge or probate judge; in other States they are
elected by the people.

BRIBERY.--Bribery in elections is one of the serious evils of politics.
_Bribery_ is offering or receiving a reward for voting. In most
States, in addition to other penalties, persons convicted of giving or
taking bribes are _disfranchised_; that is, are not permitted to vote
thereafter. In ancient Athens a man convicted of corrupting a voter
suffered the penalty of death.

The selling of a vote is regarded as one of the most infamous crimes
that men can commit. Not even the conviction of theft so lowers a man
in public esteem as a conviction of selling his vote, for bribery
savors of both theft and treason. To sell his suffrage is to sell his
manhood, his country, and his convictions. Most men who sell their
votes do it through ignorance; they are not aware of the enormity of
the crime. He who knows its infamy, and yet barters his suffrage for
money, is unworthy of the smallest trust, or even of the recognition of
honest men.

[1]For details regarding this system see Chapter XIX.

SUGGESTIVE QUESTIONS.

1. In what way are voters responsible for the government of the country?

2. Do you believe in frequent elections? Why?

3. Do you believe in public voting or in secret voting? Why?

4. Why should election officers be fair and honest men?

5. What do you think of vote-buying and vote-selling?

CHAPTER XIX.

THE AUSTRALIAN BALLOT SYSTEM.

ORIGIN.--The idea of the secret ballot system, now known under its
various modifications as the Australian Ballot System, was first
proposed by Francis S. Dutton, member of the legislature of South
Australia from 1851 to 1865. At that time the vices frequently
accompanying open elections had begun to flourish in Australia.
Bribery, intimidation, disorder, and violence were the order of all
election days. The plan was elaborated, and became a law under the
name of the "Elections Act" in 1857.

The beneficial results of this method soon became evident to other
countries, and the movement spread to Europe, Canada, and the United
States.

IN THE UNITED STATES.--A similar system to that originally adopted in
Australia was first introduced into the United States by its adoption
in 1888 in the State of Massachusetts and in the city of Louisville,
Kentucky. The next year the legislatures of Indiana, Montana, Rhode
Island, Wisconsin, Tennessee, Minnesota, Missouri, Michigan, and
Connecticut passed laws providing for new systems of voting, more or
less resembling the Australian system; and now their example has been
followed by almost all the other States.

PRINCIPLES.--Although there are many modifications of detail in the
statutes of the various States, there are two essential features of the
ballot-reform system which are everywhere observed:

_First_, An arrangement of polling, by which compulsory secrecy of
voting is secured, and intimidation or corruption of voters is
prevented.

_Second_, One or more official ballots, printed and distributed under
authority, on which the names of all candidates are found.

REQUIREMENTS.--The following are the requirements of the system:
Ballots must be provided by public expense, and none but these ballots
may be used. On these ballots should be printed the names of all
candidates who have been nominated previously to the election, with the
names of the offices for which they have been nominated and of the
parties they represent.

There are two forms of ballots: the _blanket ballot_ and the
_individual ballot_. The former is arranged in some States so as to
group candidates by parties, and in other States by the offices for
which they are nominated. In many cases the names of candidates are
alphabetically arranged, so that there can be no accusation of giving
one party or candidate precedence as to position on the ticket. In a
few cases, the name of the party to which the candidate belongs does
not appear on the ballot at all, but only the name of the office for
which he has been nominated; but in most cases the name of each party
is printed either at the head of the ticket or opposite the name of
each candidate, or in both places.

Where _individual ballots_ are used, a separate ballot is printed for
each party or independent ticket.

VOTING.--Special sworn clerks are engaged to distribute these ballots
to voters at the polls.

The voter is allowed a limited time--say five or ten minutes--to retire
into an election booth erected for the purpose, to make his choice of
candidates or ballots. If the blanket ballot is in use, he does this
by placing a cross opposite the name of the desired candidate or list
of candidates; or by crossing out all others; or by means of pasters
for the substitution of names. If individual ballots are provided, he
selects the one he prefers, or corrects it to his liking by pasting
upon it a single name or an entire ticket. If he prefers, he may write
the names of candidates of his own nomination in place of those already
printed. He, then, without communicating with any one, deposits his
ballot as his vote. Only one man is allowed to enter a booth at a
time, and none but the ballot clerks and the man about to deposit his
ballot are allowed within the enclosure erected for the purpose.

In some States the booths are separated one from the other merely by
partitions, as indicated in the cut, page 181; but in other States each
booth is a separate compartment with a door, which is closed to prevent
even a suspicion of any external observation.

[Illustration: (Page 181) Arrangement of polling place as required by
Massachusetts law.]

In many States, assistance is rendered to the illiterate or the blind.
In some cases, in order to aid those who can not read, each party
adopts a device, as an eagle or a flag, which is printed on the ballot.
In most States a voter who declares that he can not read, or that by
some physical disability he is unable to mark his ballot, may receive
the assistance of one or two of the election officers in marking it.

Every ballot must be strictly accounted for. If any person in
preparing a ballot should spoil it, he may obtain others, one at a
time, not exceeding three in all, provided he returns each spoiled one.
All ballots thus returned are either immediately burned or else
cancelled and preserved by the clerk.

ADVANTAGES.--The advantages which have already accrued from the
adoption of these laws are manifold:

_First_, A secret ballot offers an effectual preventive against
bribery, since no man will place his money corruptly without satisfying
himself that the vote is placed according to agreement.

_Second_, It secures the voter against the coercion, solicitation, or
intimidation of others, and enables him to vote according to the
dictates of his conscience.

_Third_, Bargaining and trading at the polls is prevented, and with
these much tumult, riot, and disorder must of necessity disappear.

_Fourth_, Money is made less of a factor in politics, and the poor man
is placed on a plane of equality with the rich as a candidate.

In addition to these obvious advantages, the ballot reform movement
promises to have much wider effects, and to pave the way and lay the
foundation for other political reforms.

FORMS OF BALLOTS.--On pages 185, 186, and 187 are given forms of
ballots and other matter illustrating various methods employed in
carrying out the ballot laws of the States. It will be observed that
each of these three ballots is representative of a different method.

In the _first_ ballot shown, no party name appears, and the names of
candidates for each office are arranged in alphabetical order. On this
form of ballot, which most resembles that used in Australia, the
individual candidate is made prominent, and party connection does not
appear at all.

_Second_, In the Massachusetts ballot, the names of the candidates are
arranged alphabetically under each office, but in addition to this, the
party name appears opposite the name of each candidate. On this form
of ballot, while the party connection of each candidate is indicated,
greater prominence is given to the individual, and the voter is
required to make choice of a candidate for each office separately. He
cannot vote a straight ticket by a single mark.

_Third_, In the _Indiana_ ticket, the names are grouped according to
party, not according to office, the party name appearing at the head of
the ballot as well as at the side of each name. On this form of
ballot, the party connection of the candidate is made most prominent,
and while provision is made for voting for individuals representing
different parties, still the voting of a straight ticket is made most
easy.

Many States use the party-column principle of the Indiana ticket, but
modify the form of the ticket in various details. The party emblem is
sometimes omitted from the circle used in voting a straight picket, or
placed just above that circle. The square opposite each candidate's
name is sometimes placed after the name instead of before it; and is
usually left blank.

A _fourth_ form, namely, that of the _individual ballot_ as used in the
State of _New Jersey_, can not be here shown, as a separate ballot is
required for each party or each independent nomination. These separate
ballots are all _official_, and are furnished at public expense; but
the use of an _unofficial_ ballot is practically allowed, since the
voter is permitted to take to the voting booth a paster ballot
containing a complete party ticket, printed and furnished at party
expense. This he can paste over the official ballot and deposit as his
vote.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15