The Government Class Book by Andrew W. Young

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Chapter XIX.

Courts other than Justices' Courts; Grand and Petit Juries, &c.

Sec.1. The court next higher than a justice's court, is a court held in
each county, generally called a _county court_, or _court of common
pleas_. This court is usually held by a county judge elected by the
electors of the county in most of the states; in some, appointed by the
legislature; and in others, by the governor, with the advice and consent
of the senate. In a few of the states this court consists of more than
one judge. In some states, county courts are held by judges of the
circuit courts.

Sec.2. In this court are tried civil causes in which are claimed sums of
greater amount than a justice of the peace has jurisdiction of, and
criminal causes in which are charged the lower crimes committed in the
county. Also causes removed by appeal from a justice's court are tried
in this court; in which cases it is said to have _appellate_
jurisdiction. Courts are also said to have _original_ jurisdiction;
which means that suits may _originate_ or commence in such courts.

Sec.3. There is in every state at least one court, and in most of the
states there are two or more courts of higher grade than a county court.
They are called in the different states by different names; as _circuit
court_, _superior court_, _supreme court_, and _court of appeals_. A
_circuit_ court probably obtains its name thus: A state is divided into
judicial districts, in each of which one or more judges are elected,
who go around holding a court once a year or oftener in each of the
counties composing a judicial district. This court usually has both
original and appellate jurisdiction; it being a part of its business to
try appeals from the county courts. It also tries such of the higher
crimes as a county court has not the power to try. Courts in which
crimes are tried are sometimes called courts of _oyer and terminer_.

Sec.4. Every county court, and every circuit having like jurisdiction, has
a jury to try issues of fact, and a grand jury. An _issue of fact_ is
when the _fact_ as to the indebtedness or the guilt of the party charged
is to be determined from the testimony. An _issue of law_ is one in
which it is to be determined what is the _law_ in the case, which is
done by the judge instead of the jury. The jury by which issues of fact
are tried, as distinguished from a grand jury, is called a _petty_ or
_petit jury_. It consists of twelve men, all of whom must agree in a
verdict.

Sec.5. The manner of selecting grand and petit jurors is prescribed by law.
A number of judicious men in each town are selected by some person or
persons lawfully authorized; and the names of the men so selected are
written on separate pieces of paper, and put into a box in each town,
and kept by the town clerk; or as is the practice in some states, the
names of the men designated as jurors in the several towns are sent to
the county clerk, and by him kept in a box. Previous to the sitting of
the court, the requisite number is drawn out the box; and the men whose
names are drawn, are summoned to attend as jurors.

Sec.6. It is the business of a _grand jury_ to inquire concerning crimes
and misdemeanors committed in the county; and if there appear just
grounds of accusation against any person, they make to the court a
presentment or formal charge against him, upon which he is to be put
upon trial. The number of grand jurors is not always the same. In some
states there may not be more than twenty-three nor less than twelve. It
is not required that they shall all agree in order to put a person upon
trial.

Sec.7. On the opening of the court, the grand jurors are sworn to make a
true presentment of all things given them in charge. The judge then
gives them a charge, and appoints one of them foreman; and the jurors
retire to a private apartment to attend to their duties. They hear all
complaints brought before them against persons for crimes and breaches
of the peace, and examine witnesses who appear to testify; and when it
is requested, they have the assistance and advice of the state's
attorney; or as he is called in some states, the _district attorney_, or
_prosecuting attorney_. If they think any person complained of ought to
be tried, they draw up a writing, in which they charge him with the
offense of which they think him guilty. This is called an _indictment_.
It is signed by the foreman, indorsed "a true bill," and carried by the
jury into court. If the person accused has not before been arrested, he
may now be arrested, and put upon trial. (See Chap. XVIII, Sec.12-14.)

Sec.8. As grand juries do not try crimes, but merely make inquiry into
them, some may not readily perceive the necessity of such juries.
Innocent persons might be subjected to great inconvenience and expense
in defending themselves in court against the slanderous reports or false
accusations of evil minded persons. It is to prevent this that grand
juries are instituted, who make careful examinations into the cases
brought before them, and do not often charge persons with crime unless
there is a strong probability of their being found guilty on trial.

Sec.9. So important was the institution of grand juries considered, that
the constitution of the United States, to which the constitutions and
laws of the states must conform, was made to provide, that "no person
shall be held to answer for a capital or other infamous crime, unless on
a presentment or indictment of a grand jury," except in certain cases.
(Con. U.S., Amend. Art. V. For the definition of "infamous crime," see
Chap. VI., Sec.7.)

Sec.10. It is the opinion of many that this requirement of a previous
indictment by a grand jury has reference only to the courts of the
United States; and that the states may dispense with it. Hence, efforts
are now making in some states to abolish grand juries. It is supposed
that an examination at all times before a justice or a judge, when the
prisoner can be present with his witnesses, is more likely to protect
him against being unnecessarily subjected to the trouble and expense of
a trial, than before a grand jury, where complaints are often made by
malicious persons, and sustained by the testimony of partial or corrupt
witnesses.

Sec.11. The _supreme court_ is generally the next higher, and in most of
the states, the highest state court. This court differs somewhat in the
different states, both in the manner of its formation and in its
jurisdiction. It is believed, however, to have, in the states generally,
both original and appellate jurisdiction, civil and criminal. In the
state of New York and a few other states, there is one higher court,
called _court of appeals_, which has appellate power only. Its business
is to review cases from the supreme court.

Sec.12. Suits in the county, circuit, and supreme courts, are commenced by
a _writ_, (in some states a summons or a declaration,) which is served
by the sheriff of the county in which the suit is to be tried. He also
serves warrants and executions issued by these courts. A sheriff is to
these courts what a constable is to a justice's court. His powers and
duties have been elsewhere described. (Chap. XIV., Sec.8.)

Chapter XX.

Chancery or Equity Courts; Probate Courts; Court of Impeachment.

Sec.1. It might be supposed, that in instituting the courts which have been
described, all necessary provision had been made for securing justice to
the citizens. But many cases arise in which justice and equity can not
be obtained in these courts. To afford relief in such cases, a court
has been established called a _court of equity_, or _court of chancery_.
What often renders it impossible to get justice in ordinary courts of
law, is the want of witnesses; but in a court of equity the parties may
themselves be put on oath.

Sec.2. A debtor, to avoid the payment of his debts, may conceal his
property or his money; but this court may compel him to disclose and
give up the same to satisfy an execution; and it may prevent persons
indebted to him from making payment to him. A person refusing to fulfill
a contract may, in courts of common law, only be sued for damage; but
this court may in certain cases compel him to fulfill the contract
itself. It may also restrain individuals and corporations from
committing fraudulent acts, and prevent persons from committing wastes
on land and certain other injuries, until the right at law can be tried.

Sec.3. Courts of chancery were established, it is believed, in a majority
of the old states. But separate and distinct organizations called
chancery courts, now exist in but a few states; the power to try suits
in equity having been given to the judges of the common law courts.

Sec.4. Suits _in equity_ are not commenced as suits _at law_. The plaintiff
prepares a bill of complaint, the facts stated in which are sworn to by
himself. The bill, which contains a petition or prayer that the
defendant may be summoned to make answer on oath, is filed with the
clerk of the court, who issues a subpoena commanding the defendant to
appear before the court on a day named. A trial may be had on the
complaint and answer alone; or witnesses may be introduced by the
parties. The case is argued by counsel, and a _decree_ is pronounced by
the court, which the court has power to carry into effect.

Sec.5. There is another kind of courts which are in their nature different
from ordinary law courts, and are called _probate courts_. There is in
every county a probate court held by a _judge of probate_, whose duties
relate to the proving of wills and the settling of the estates of
persons deceased. A _will_ is a writing in which a person gives
directions concerning the disposal of his property after his death. The
Latin word _probatus_ means proof; from which _probate_ has come to be
applied to the proving of a will. (See Wills and Testaments.) In the
state of New York the judge of this court is called _surrogate_, and the
court is called _surrogate's court_.

Sec.6. There is still another court in every state, which is not a common
law court. It is the _court of impeachment_. The name is applied to the
senate when sitting on a trial of impeachment. An _impeachment_ is a
charge or accusation against a public officer for corrupt conduct in his
office; as if a governor, for money offered him, should approve and sign
a law; or a judge should, for money or from some other selfish or
personal motive, give a wrong judgment. The constitution gives to the
house of representatives the power to impeach, and to the senate the
power to try the persons impeached. This practice has come from Great
Britain, where the impeachment is made by the house of commons, and the
house of lords is the high court of impeachment.

Sec.7. The house of representatives, in a case of impeachment, acts in
nearly the same manner as a grand jury in a court of law. A complaint is
made to the house; and if, upon examination, there appear to a majority
of the members present sufficient grounds for the charge, an accusation
in writing is prepared, called _articles of impeachment_, and delivered
to the senate. In some states, a majority of the members elected is
necessary to impeach. The president of the senate orders the court to be
summoned. The accused is brought before the court to answer to the
charge, and has counsel assigned him. The senators are sworn truly to
try and determine the impeachment according to evidence; and a day is
fixed for trial.

Sec.8. The house of representatives usually choose from their number a
committee of managers to conduct the trial, the proceedings in which are
the same as in law courts. The senators retire and deliberate as jurors
in such courts. Two-thirds of the senators--in some states two-thirds of
all the senators elected--must concur in order to convict the person
accused. If a person is convicted, the court may remove him from
office, or disqualify him to hold any office in the state, for a time,
or for life; or may both remove and disqualify him. This court can
pronounce no other sentence. But if the act committed is a crime, the
offender may also be indicted, tried, and punished in a court of
justice.

Sec.9. Judicial officers may also be removed by the governor on address of
the legislature. If a judge is suspected of corrupt conduct in his
office, or of being incompetent to discharge its duties, complaint is
made to the legislature, and the party complained of is notified, and an
opportunity is given him of being heard in his defense. If both
branches, by the required majorities, concur in the opinion that he
ought to be removed, they address the governor, setting forth their
reasons for the removal. If the governor considers the reasons
sufficient, the officer is removed. This mode of removal does not exist
in all the states. In New York, and perhaps in a few other states, the
legislature makes the removal without the concurrence of the governor;
and in that state some of the lower judicial officers may be removed by
the senate on the recommendation of the governor. In a few states,
judges are not removable by impeachment.

Chapter XXI.

Assessment and Collection of Taxes.

Sec.1. Every government must have the power of providing means for its
support. The money which is needed to pay the expenses of administering
the government, if the state has no permanent source of revenue, or
income, must be raised by taxation. A _tax_ is a rate or sum of money
assessed upon the person or property of a citizen for the use of the
state. When assessed upon the person, it is called a _poll-tax_, or
_capitation tax_, being a certain sum on every poll, or head. But as
persons ought generally to contribute to the public expenses according
to their ability, taxes are more just and equal when laid upon the
property of the citizens. Few poll-taxes are levied in this country.

Sec.2. There are certain kinds of property which are exempt from taxation;
such as the corporate property of the state, of counties, and of towns,
including the buildings in which the public business is done, the
prisons, jails, asylums, &c., and the lands attached to them;
school-houses and meeting-houses, with the lands attached;
burying-grounds, and the property of literary and charitable
institutions. But the property of business corporations, as rail-road,
banking, insurance, manufacturing, and other stock companies, like that
of individuals, is liable to taxation. _Real estate_, or _real
property_, is land with the buildings and other articles erected or
growing thereon. _Personal estate_, or _personal property_, consists of
movables, as goods, chattels, money, and debts due from solvent debtors.

Sec.3. As the property of every person is to be assessed in proportion to
its value, it is necessary, first, to make a correct valuation of all
the taxable property. For this purpose, the assessor or assessors pass
through the town, and make a list of the names of all the taxable
inhabitants, and the estimated value of the property, real and personal,
of each; and returns of the same are made to the proper county officers,
who cause the tax-list for each town to be made out, and order the taxes
to be collected.

Sec.4. In some states, persons liable to taxation are themselves required
to furnish lists of all their taxable property, printed blank lists
having been previously distributed among them for this purpose. To
secure an accurate valuation, the assessors, (called also _listers_,)
may require persons to make oath that they have made a true statement of
their property and its value. In states where the polls of the
tax-payers are assessed, these also are set down in the lists at such
sums as the law directs to be affixed to each poll.

Sec.5. Before a tax-list can be made out, it must be known what amount is
to be collected in each town. This amount is made up of three parts:
First, the sum wanted to pay the expenses of the town for the preceding
year; secondly, the town's share of the county expenses; and thirdly,
its proportional share of the expenses of the state government, or of
what is to be raised for state purposes.

Sec.6. The apportionment of the amount of the state and county expenses
among the several towns, is made according to the amount of property in
each as valued by the assessors. The state auditor or controller, having
received from the several counties returns of the value of the property
in each county, is enabled to determine its quota of the amount to be
raised for state purposes. To each county's share of the state expenses
is added the sum to be raised in the county for county purposes; and the
amount is apportioned among the towns in proportion to the value of the
assessed property of each. Then adding to each town's share of the
amount of the state and county expenses, the amount to be raised for
town purposes, gives the sum to be collected in the town.

Sec.7. Having thus ascertained the sum to be raised in each town, the
officers whose duty it is, cause a tax-list to be made out, in which the
amount of each person's tax is set opposite his name and the estimated
value of his property. The tax-list of each town, certified and signed
by the proper persons, is put into the hands of the collector, with a
warrant ordering the same to be collected.

Sec.8. The money collected for county and state purposes is paid to the
county treasurer, who pays to the state treasurer the amount raised in
the county for state expenses, and retains the remainder to be expended
in the county. The money collected for town purposes is paid to such
persons in the town as are by law authorized to receive the same.

Chapter XXII.

Education. School Funds; Schools, &c.

Sec.1. The proper object of government is to promote the welfare and
happiness of its citizens. For this purpose, it must provide for making
and properly administering laws to protect the people in the enjoyment
of life and the fruits of their labor. But it should go further, and
make express provision for improving the condition of the people,
especially the less fortunate portions of them.

Sec.2. The prosperity of a state or nation depends essentially upon the
education of its citizens. This is seen by comparing the condition of
the people of this country with the condition of the people of those
countries where the benefits of education are not enjoyed. Ignorance
tends to make men idle, vicious, and miserable. On the other hand,
learning is not only a means of enjoyment in itself, but of improving
the social condition of a people.

Sec.3. Again, a free government is better adapted than any other to promote
the welfare of a nation. But if the people are not properly educated,
they are incapable of self-government. And as many persons are unable to
pay for the tuition of their children, the safety of the government
itself requires the establishment of a system of education, by which the
great body of the people may be fitted to discharge their social and
political duties. The states have accordingly instituted school systems
for the instruction of children and youth of all classes at the public
expense.

Sec.4. In most of the states, the schools are supported only in part, in a
few of them wholly, at the expense of the states. Some states have
provided funds, the income of which is annually applied to this object.
_Fund_ generally signifies the money or capital stock employed in
carrying on trade or any other business operation. _State funds_ are the
moneys and other property of the state which are set apart for paying
the expenses of the government, or for the construction of canals,
roads, and other public improvements. The interest of these funds, and
the income from other sources, are called the _revenue_.

Sec.5. In some states, school funds are created by appropriating the public
lands, which are lands owned by the state as a body corporate. The
proceeds of these lands, from sales or rents, constitute a part or the
whole of the school fund, the interest of which is annually applied to
the support of schools. If the income from the school fund is
insufficient for this purpose, the deficiency may, as is done in some
states, be supplied, in whole or in part, by taxation, or from the state
treasury.

Sec.6. Many of the new states have large school funds. At an early period,
while most of the territory from which these states have been formed was
yet the property of the United States, and uninhabited, Congress passed
an act by which a particular section of land (number sixteen) in every
township is reserved for the support of schools therein. By this act,
one thirty-sixth part of the lands within each of these states has been
thus appropriated, besides smaller portions granted for the benefit of a
university in each state. These lands are in the charge of proper
officers, who dispose of them, and apply the proceeds as the law
directs.

Sec.7. The school funds of many of the states have been largely increased
by certain moneys received from the United States. In 1837, there had
accumulated in the national treasury about thirty millions of dollars
over and above what was needed for the support of the government. By an
act of congress, this surplus revenue was distributed among the states
then existing, to be kept by them until called for by congress. Although
congress reserved the right to recall the money, it was presumed that it
would never be demanded. That it never will be, is now almost certain.
Many of the states have appropriated large portions of their respective
shares for school purposes. From its having been said to be only
_deposited_ with the states, this fund is sometimes called the _United
States deposit fund_.

Sec.8. School moneys coming from the state treasury, or state fund, are
usually apportioned among the several towns of the state; and each
town's share of such moneys, together with what may come to the town by
taxation or from its school lands, is divided among the several
districts according to the number of children between certain ages in
each district, or in such other manner as may be directed by law. If the
moneys thus received are insufficient to pay the wages of teachers, a
rate bill is made out in each district for the deficiency, and collected
from the persons whose children have been taught in the schools.

Sec.9. The towns, or townships, are divided into districts of suitable size
for schools, which are called _district schools_. From their being
supported by a common fund, and designed for the common benefit, or from
the lower or more common branches being taught in them, they are also
called _common schools_. One or more _trustees_ or _directors_ are
chosen in each district to manage its affairs; a _clerk_ to notify
meetings and record the proceedings of the same; and a _collector_ to
collect taxes for building and repairing school-houses, and all rate
bills for the payment of teachers.

Sec.10. The highest school officer is the _state superintendent of common
schools_, or, as he is sometimes called, _superintendent of public
instruction_. The superintendent collects information relating to the
schools; the number of children residing in each district, and the
number taught; the amount paid for tuition; the number of school-houses,
and the amount yearly expended in erecting school-houses; and other
matters concerning the operation and effects of the common school
system. If there is no other officer whose duty it is, the
superintendent also apportions the money arising from the state funds
among the several counties. He reports to the legislature at every
session the information he has collected, and suggests such improvements
in the school system as he thinks ought to be made.

Sec.11. There is in every county an officer who receives from the state
superintendent the money apportioned to the county, and apportions the
same among the towns; reports to the state superintendent the number of
children in the county; and performs such other duties as the law
requires. In some states, there is no such county officer; but the money
is apportioned by the state superintendent among the towns; and the
reports from the towns are made directly to the state superintendent.

Sec.12. In the towns are officers whose duties are to examine teachers,
visit schools, apportion the school moneys among the districts, and to
collect the lists of the number of children in the several districts,
with such other information as the law requires, and report the same to
the county officer, or, if there is none, to the state superintendent.
In some states, there is in each county an officer or a board of
officers, for examining teachers, and performing certain other duties
relating to the schools of the county.

Sec.13. Academies and colleges also receive aid from the state, to a
limited extent. A distinct fund is created in some states for their
benefit; in others, they are aided by special appropriations from the
state treasury.

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