Elements of Civil Government by Alexander L. Peterman

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SEPARATE COMMISSIONS.--In addition to the civil service commission,
Congress has created two other important commissions not connected with
any department. The _interstate commerce commission_, consisting of
seven members appointed by the President, supervises interstate
railroads, express companies, etc., and enforces the laws which control
them. The _federal trade commission_, consisting of five members
appointed by the President, supervises the business of persons and
companies engaged in interstate commerce, except those under the
control of the interstate commerce commission.

SUGGESTIVE QUESTIONS.

1. Why does the Constitution require that the President shall be a
native of the United States?

2. Who is now President, and of what State is he a citizen?

3. When was he elected?

4. Should the President be eligible for reelection?

5. Do you think he should have the veto power?

6. Of what use is a passport in traveling?

7. What is internal revenue?

8. What was the principal cause of the national debt?

9. How many soldiers, including officers, in the army of the United
States?

10. Of what value are the weather reports?

11. Why is it right for the government to grant pensions?

12. Why should a census be taken?

13. What is the population of the United States, and what the
population of this State, by the last census?

14. What is meant by conducting a suit before the supreme court?

QUESTION FOR DEBATE.

_Resolved_, That the President and the Vice President should be elected
by the popular vote.

CHAPTER XIV.

THE UNITED STATES--(Continued).

JUDICIAL DEPARTMENT.

The judicial department is one of the three great departments of the
government, being coordinate with Congress, the legislative power, and
with the President, the executive power. The principle of three
coordinate departments of government is new, the United States being
the first nation that ever embodied it in its constitution.

The judicial system of the United States includes the Supreme Court of
the United States, the circuit courts of appeals, district courts, the
courts of the District of Columbia, the court of claims, the court of
customs appeals, a territorial court for each of the Territories, and
several commissioners' courts in each of the States.

JURISDICTION OF UNITED STATES COURTS.--The jurisdiction of United
States courts extends to the following classes of suits at law:

1. To all cases arising under laws passed by Congress.

2. Those affecting ministers, consuls, and other agents of the United
States and foreign countries.

3. Suits arising on the high seas.

4. All suits to which the United States is a party.

5. Controversies between a State and the citizens of another State.

6. Cases between citizens of different States.

7. Suits between citizens of the same State claiming lands under grants
by different States.

8. Cases between a State or its citizens and a foreign State or its
citizens.

It will be seen that all cases at law to which a State is a party must
be tried in the courts of the United States. A direct suit can not be
brought against the United States except by authority of a special act
of Congress; nor can a suit be brought against a State by a citizen of
another State, or by one of its own citizens, except by the special
permission of its legislature.

SUPREME COURT OF THE UNITED STATES.--The Supreme Court of the United
States is the highest judicial tribunal in the country. It consists of
the Chief Justice and eight associate justices, nominated by the
President and confirmed by the Senate. The country is divided into
nine circuits, each represented by a Justice of the Supreme Court. The
justices hold their offices during life, unless impeached; but they
have the privilege of retiring upon full pay, at seventy years of age,
provided they have served in the court for ten years. A quorum
consists of any six justices, and if a majority agree upon a decision
it becomes the decision of the court.

The court holds annual sessions in the Capitol building at Washington,
beginning upon the second Monday in October. The annual salary of the
Chief Justice is fifteen thousand dollars; that of the associate
justices is fourteen thousand five hundred dollars each.

The Constitution of the United States creates and names the Supreme
Court, and provides that the Judicial power shall be vested in it "and
in such inferior courts as the Congress may from time to time ordain
and establish."

JURISDICTION.--The Supreme Court has original jurisdiction in all cases
affecting ministers, consuls, and other agents of the United States and
foreign countries, and in cases to which a State is a party.

Most cases tried by it are brought before it upon appeals from the
inferior courts of the United States. They involve chiefly the
questions of jurisdiction of the inferior courts, the constitutionality
of laws, the validity of treaties, and the sentences in criminal and
prize causes. An appeal from a State court can be carried to the
Supreme Court only upon the ground that the decision of the State court
is in conflict with the Constitution or laws of the United States.

The peculiar province of the Supreme Court is to interpret the
Constitution, and in all conflicts between a State and the nation the
final decision rests with the Supreme Court of the United States. It
may, and does, modify its own judgments; but until it modifies or
reverses a decision, it is final, and from it there is no appeal.
Whether its decree be against a private citizen, a State, the Congress,
or the President, that decree is "the end of the whole matter," and
must be obeyed.

The Supreme Court is more admired and praised by foreign critics than
is any other of our institutions. It is conceded by all to be one of
the strongest and best features in our system of government. In a free
country like ours, such a tribunal is necessary to prevent the
legislative and executive departments from trespassing upon the
Constitution, and invading the rights of the people. Therefore the
Supreme Court of the United States has been appropriately called "the
balance-wheel in our system of government."

UNITED STATES CIRCUIT COURTS OF APPEALS.--Each United States circuit
embraces several States, and has two or more circuit judges. One
justice of the Supreme Court is also assigned to each circuit. There
are nine circuit courts of appeals, one for each United States circuit.
All appeals from the district courts must be made to the circuit courts
of appeals, except in cases expressly provided by law to be taken
direct to the Supreme Court; but provision is also made for appeal from
the decision of the circuit courts of appeals to the Supreme Court in
certain classes of cases.

UNITED STATES DISTRICT COURT.--Each State has one or more United States
district courts, each presided over by a district judge. The district
court has both civil and criminal jurisdiction in all cases under the
national law which are not required to be brought in other courts.
Before 1912 there were so-called "circuit courts" usually held by the
district judges, for the trial of certain important kinds of cases; but
these were abolished by an act of 1911.

In each State a large majority of the civil and criminal cases must be
tried and finally decided in the State courts. However, among the
important cases tried in United States courts are those concerning
patents, copyrights, and bankruptcy, those involved in the regulation
of interstate and foreign commerce, and offenses committed against the
postal and revenue laws.

Interstate commerce cases are often in the form of appeals from the
orders issued by the interstate commerce commission, fixing the freight
and passenger rates of railroads, etc. Such a case is heard by three
judges sitting together, and an appeal from their decision can be taken
directly to the Supreme Court.

If the circuit and district judges desire, they may retire upon full
pay at the age of seventy, after ten years of consecutive service.

COURT OF CUSTOMS APPEALS.--The customs court consists of a chief judge
and four associate judges. It decides disputes over the rates of duty
payable on imported goods. It holds sessions both at Washington and in
other cities.

COURT OF CLAIMS.--The court of claims holds its sessions at Washington,
and consists of a chief justice and four associate justices. It hears
and determines claims against the United States. No one could bring
suit against the national government without permission from Congress;
but a person having a claim against it may submit the claim to the
court of claims for trial, and, if the claim is declared to be legal
and just, it is almost always paid by act of Congress.

OTHER COURTS.--The _District of Columbia_ has six supreme court
justices and three justices of a court of appeals. Their jurisdiction
is similar to that of the United States district courts and circuit
courts of appeals, but is confined to the District of Columbia.

_Territorial courts_ consist of a chief justice and two associate
justices, who hold their offices for a term of four years, unless
removed by the President. A territorial court holds its sessions in
the Territory for which it is constituted, and has jurisdiction of
cases arising under the laws of Congress and the laws passed by the
territorial legislature.

Appeals are taken from the courts of the District of Columbia and from
the territorial courts to the supreme court of the United States.

A United States commissioner's court consists of a commissioner
appointed by the judge of the district court. The chief duties of this
court are to arrest and hold for trial persons charged with offenses
against the United States, and to assist in taking testimony for the
trial of cases. A judge of a State court or a justice of the peace may
act as United States commissioner, but while engaged in such duties he
is an officer of the United States, and not of the State.

TERM OF SERVICE.--Justices of circuit courts, district courts, the
customs court, the court of claims, the courts of the District of
Columbia, and of the territorial courts, are appointed by the President
and confirmed by the Senate. The justices of these courts, except of
the territorial courts, hold their offices during life, unless
impeached. This life tenure of office, and the provision that a salary
of a justice shall not be reduced during his term, render the courts of
the United States independent of Congress and public opinion, and tend
to preserve the purity and dignity of their decisions.

The salary of a judge of the circuit court is seven thousand dollars;
that of a judge of a district court is six thousand dollars; that of a
judge of the customs court is seven thousand dollars; and that of a
justice of the court of claims is six thousand dollars, except the
chief justice, who receives six thousand five hundred dollars.

OFFICERS OF COURTS.--The United States district courts have grand
juries and trial juries, who perform duties similar to those of juries
in State courts. With the consent of the Senate, the President
appoints for each district a United States district attorney and a
United States marshal.

The _district attorney_ represents the United States in all civil cases
to which it is a party, and is the prosecuting officer in criminal
cases.

The _marshal_ is the executive and ministerial officer of the court,
with duties similar to those of a sheriff.

The Supreme Court of the United States appoints a _reporter_, who
reports--that is, edits and publishes--its decisions. This court also
appoints its own _marshal_. The decisions of the district court are
reported by the Judge, or by an attorney under the judge's sanction.
Each court appoints a clerk, who keeps a record of its proceedings;
gives a history of each case; notes all orders, decisions, and
judgments; has charge of all money paid; and keeps and fixes the seal
of the court.

The circuit courts of appeals appoint their own marshals and clerks.
The duties of these officers are similar to those performed by the
marshal and clerk of the Supreme Court. The circuit courts of appeals
have no reporters.

SUGGESTIVE QUESTIONS.

1. Who is chief justice of the United States, and of what State is he a
citizen?

2. Why should a judge hold his position during a long term of years?

3. This State is a part of what United States circuit?

4. What justice represents this circuit in the supreme court?

5. Who is judge of the United States district court of this district?

6. Why can no person bring suit against the United States except by
special act of Congress?

QUESTION FOR DEBATE.

_Resolved_, That the jury system should be abolished.

PART II.

CHAPTER XV.

GOVERNMENT.

Government is defined as _rule_ or _control_. It is that which
governs, and also the act of governing. In its political sense, it
means the supreme authority of a State or other political community, or
the act by which this authority is applied. It is sometimes said to be
a system of institutions for the restraint of people living in the
social state or social condition.

The word _govern_ is derived from a Latin word which first meant _to
steer the ship_, and then very naturally came to mean _to guide, to
direct, to command_.

"The comparison of governing with steering is a very happy one," for
the interest of him who steers is the same as that of the people in the
ship: "all must float or sink together." So the interest of those that
govern, of those that guide "the ship of state," as we often express
it, is the same as that of the people.[1]

ORIGIN AND NECESSITY.--The origin of government is unknown; its
beginning can not be traced. People everywhere, in all the varying
degrees of civilization, recognize the necessity of a supreme
authority, to whom all owe and render obedience.

Men can not long live in the same vicinity without some kind of
political organization. Without some sort of government--that is, some
supreme power to settle disputes--the people would be in continual
warfare; there could be no security to person or property; each
individual could look to himself alone for safety; "his hand would be
against every man, and every man's hand against him."

Wherever men are found they live under some form of government, however
rude and imperfect. In all parts and in all ages of the world they
have seen the necessity of some power to protect the weak and restrain
the strong, and have therefore set up a supreme authority for the
common welfare.

A body of people living under government is called _society_, and the
agreement existing between them, for their common welfare, is called
the _social compact_.

Men are so constituted that society is necessary to their happiness.
Therefore they seek the social state and join the social compact, thus
agreeing to be governed by law and order.

FOR THE PEOPLE.--Government is for the people, and not for the rulers.
Officers, the highest and the lowest, are merely the servants of the
people.

All governments derive their just powers from the consent of the
people, and are established and maintained for their good. All powers
which are exercised without the consent of the people are unjust and
tyrannical.

KINDS.--Government is of two kinds, civil and military.

_Civil government_ is the government of civil society, or the
government of the people in a peaceful state.

_Military government_ is the government of men in a state of war. It
prevails in the army and the navy, and sometimes in districts which are
the scenes of military operations.

Military government is conducted by the rules of martial law, and in
its penalties and exactions is much more severe than civil government.

FORMS OF CIVIL GOVERNMENT.

There are many forms of civil government, but they may be reduced to
three principal systems:

1. _Monarchy_: government by one person.

2. _Aristocracy_: government by a few persons.

3. _Democracy_: government by the people.

Every government is either one of these forms or is composed of two or
more of them.

MONARCHY.--A _monarchy_ is a government whose chief authority is vested
in one person, usually called king, queen, emperor, empress, or prince.
Monarchies are absolute or limited.

In an _absolute monarchy_ there is no limit to the power of the
monarch; his wishes are the laws of the people. The people are his
property, and in his person are combined all the powers of government,
legislative, executive, and judicial. Russia is the only civilized
nation whose government is still an absolute monarchy.

In a _constitutional monarchy_ the sovereign, or chief ruler, must
govern by laws made by a representative body elected by the people.
England and Germany are constitutional monarchies.

In an _hereditary monarchy_ the sovereign inherits the ruling power,
usually from his father.

In an _elective monarchy_ the sovereign is elected for life, usually by
the dignitaries of other nations.

A _patriarchy_ is a monarchy in which the chief power is exercised by a
patriarch, or father. The authority of the patriarch is confined to
his tribe. This form of government was common in ancient times, before
tribes were combined into nations.

A _theocracy_ is a monarchy whose rulers claim to be under the direct
guidance of God. The government of the ancient Hebrews was a theocracy.

ARISTOCRACY.--An _aristocracy_, sometimes called _oligarchy_, is a
government in which the supreme authority is vested in a privileged
few, distinguished by their wealth and social position.

The privileged class are usually called nobles. They are above the
common people in rank and bear titles of honor. These titles are
mostly inherited, but are sometimes conferred upon persons by the
sovereign.

An aristocracy never exists by itself; it is always combined with some
other form of government, usually with a constitutional monarchy. The
government of England is partly aristocratic; the House of Lords, one
of the bodies of Parliament, being composed of nobles.

DEMOCRACY.--A _democracy_ is a "government of the people, by the
people, for the people." It is a government by many, instead of by one
or by a few. Hereditary titles are inconsistent with democratic
government, and therefore never exist in a democracy.

A _pure democracy_ is a government conducted by the people in person.
It is practicable only in a political community so small that all the
people may assemble at the seat of government. The New England "town
meeting" is almost the only example of a pure democracy in the world at
the present time; certainly the only example in the United States.

A _republic_, or _representative democracy_, is a government conducted
by representatives elected by the people.

The United States, Mexico, France, Switzerland, and all South American
nations are republics, and the republican principle of government is
growing in popularity throughout the civilized world.

No form of government is equally good for all peoples. A certain form
may be good for one country and bad for another country. A republic,
which is the best government for a well-educated and virtuous people,
is the worst for an ignorant and depraved people.

The excellence of a republican government depends upon the knowledge
and virtue of its citizens. The people are the rulers, and, if they
are wise and virtuous, they will rule well; if they are ignorant and
depraved, they will rule ill. Therefore the hope of a republic like
ours is, that its people will continue to grow wiser and better.

[1]Fiske's _Civil Government of the United States_.

SUGGESTIVE QUESTIONS.

1. Why is military government more severe than civil government?

2. Could society exist without law? Why?

3. Why is a republic a bad form of government for an ignorant people?

4. Are the people of the United States growing wiser and better?

5. Is this State improving in civilization?

CHAPTER XVI.

JUSTICE.

The object of government is to protect the people, and to render
justice to them. _Justice_ is the security of rights. A _right_ is a
well-founded claim; that is, a just claim of one person upon other
persons.

_Rights_ are the most important things that a person can possess,
because his happiness depends upon them. They are real things, for
whose protection governments are instituted. The kind and extent of
the rights recognized and protected in any country determine the form
of its government. As a rule, there is more freedom among citizens of
a republic than among those of other governments, because a republic
guarantees more rights.

RIGHTS AND DUTIES.

People have many rights, and they have as many duties. Each right
given to a person is a trust placed in his hands for him to discharge.
A right implies a duty, and a duty implies a right. Rights and duties
go hand in hand. For example, children have a right to the protection
of their parents, and this implies that it is the duty of children to
obey their parents.

CIVIL RIGHTS AND DUTIES.--Rights and duties are civil and political.
_Civil rights_ are sometimes called _inalienable rights_, because they
can not be justly taken away except as a punishment for crime. They
are chiefly those rights with which we are endowed by nature. They are
not conferred by any earthly power, but are given to every human being
at his birth. They are called civil rights, because they belong to the
citizen in his ordinary daily life. Among civil rights are:

1. _The right to personal security_; that is, the right to be free from
attack and annoyance;

2. _The right of personal liberty_; that is, to go when and where he
pleases, provided he does not trespass upon the rights of others; and

3. _The right of private property_; that is, the right to use, enjoy,
and dispose of what he has acquired by labor, purchase, gift, or
inheritance.

The greater part of these rights belong to men whether living in
society, that is, under government, or living without government.
Their natural rights are more extensive without society than with it,
but are far less secure. Without government natural rights are
unlimited; each person may lay claim to all land and to all it
produces, provided he is strong enough to maintain his claim by force.

When men join the social compact, they agree to abandon some of their
natural rights, in order to be protected by the government in those
which they retain; that is, each person agrees that in making his own
claims he will have due regard for the similar claims of others.

In entering the social compact, men also agree to submit their personal
claims to settlement by the law, instead of going to war to maintain
them. They agree to refer their disputes to courts established for
that purpose. As a rule, under government, right prevails; without
government, might prevails.

_Civil rights_ are divided into _industrial rights_, _social rights_,
and _moral_ or _religious rights_.

INDUSTRIAL RIGHTS AND DUTIES.--It is the right and duty of each person
to provide in his own way, providing it is legal and honest, for
himself and those dependent upon him. All business transactions; the
search for homes, comforts, and wealth; agriculture, manufacturing,
mining, and commerce; the conduct of all professions, occupations, and
industries; the interests of farm laborers, operatives in factories,
miners, clerks, and all persons engaged in mental or physical labor,
are based upon industrial rights and duties.

The wages of people, the hours of labor, railway and telegraph lines,
canals, express companies, other common carriers, the various kinds of
employment, and the organization of men in different branches of
industry to advance their interests, are questions affecting industrial
rights. These rights underlie all efforts of people to improve their
financial condition.

SOCIAL RIGHTS AND DUTIES.--Each member of society has rights as such,
and these are called _social rights_. They include the rights of
personal security and protection. They underlie all efforts for the
improvement of the social condition of the people. Society is
interested in better schools, in public health, in the reformation of
criminals, in good highways and streets, in safe buildings, in
well-lighted cities and villages, in the maintenance of charitable
institutions, in the establishment of sources of harmless amusement,
and in the preservation of peace and order.

The comfort and convenience of the public are even more important than
the comfort and convenience of any person. Therefore, individual
rights must yield to public rights when the two conflict. For example,
the land of a private citizen may be condemned by the proper
authorities, and be used for public highways or other public purposes.
The government pays the owner of the property condemned, but usually
less than his estimate of the value.

This right of society, existing above the right, of any of its members,
is called the RIGHT OF EMINENT DOMAIN. By it individual rights must
yield to the rights of society, of the government, or of a corporation.
A corporation is an association of individuals authorized by law to
transact business as a single natural person. Railway companies,
banks, chartered cities and villages, and the counties of some States
are corporations.

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