The Government Class Book Designed For The Instruction Of Youth

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§1. Mankind are social beings. They are by nature fitted for society. By this we mean that they are naturally disposed to associate with each other. Indeed, such is their nature...

§1. We have spoken of the rights of men, and of laws as designed to secure to men the free enjoyment of their rights. But a more particular definition of rights and laws will be...

§1. Law has been briefly defined. (Chap. 1. §6.) As in the case of rights and liberty, laws are distinguished by different names; as, the law of nature, or natural law; the mora...

§1. Governments have existed in a great variety of forms. The earliest governments of which we have any knowledge, are the patriarchal. _Patriarch_, from the Greek, _pater_, fat...

§1. Of all the different forms of government which have existed, a republican government, on the plan of that which has been established in this country, is believed to be best...

§1. One of the first provisions usually inserted in a constitution of a free state, is that which declares who shall be allowed to take a part in the government; that is, to who...

§1. For the convenient exercise of political power, as well as for the purposes of government generally, the territory of a state is divided into districts of small extent. It h...

§1. Having shown the nature of a constitution and the manner in which it is made and adopted, it will next be shown how the powers of government under a state constitution are d...

§1. The legislature of every state in the union is composed of two houses--a senate and a house of representatives. The latter, or, as it is sometimes called, the lower house, i...

§1. The legislature meets as often as the constitution requires, to enact such laws as may be necessary to promote the public welfare, and to perform such other duties as are as...

§1. When the two houses are duly organized and ready for business, the governor sends to both houses a written communication called _message_, in which, as the constitution requ...

§1. The chief executive power of a state is, by the constitution, vested in a governor. The governor is chosen by the people at the general election; in South Carolina by the le...

§1. Among the executive officers who assist in the administration of the government, there are in every state, some or all of the following: a secretary of state, a controller o...

§1. Some of the purposes for which a state is divided into small districts have been mentioned. (Chap. VII, §1.) There are other reasons, equally important, for these territoria...

§1. The districts of territory into which counties are divided, are, in some states, called _towns_. In others they are called, and perhaps more properly, _townships_; and the n...

§1. Cities and incorporated villages have governments peculiar to themselves. Places containing a large and close population need a different government from that of ordinary to...

§1. Having seen how the legislative and executive departments of a state government are constituted, and how the laws are made and executed, the manner in which the local affair...

§1. The administration of justice in courts of law is not left entirely to the justices and judges. Parties may not always have sufficient confidence in the ability, honesty, an...

§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...

§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 ar...

§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 p...

§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 prot...

§1. In carrying out the purposes of government, provision ought also to be made to secure to the people the means of obtaining a suitable reward for their industry, and to rende...

§1. Banks, we are told, were first instituted in Italy, where certain Jews assembled, seated on benches, ready to lend money, and to exchange money and bills; and _banco_ being...

§1. It is the practice of governments to keep their respective countries prepared to defend themselves against foreign enemies. For this purpose all men liable to do military du...

§1. The plan of government in this country is peculiar. To a person previously unacquainted with our political institutions, it might seem strange, after having read the foregoi...

§1. As early as the year 1774, the colonies united in the plan of a congress, to be composed of delegates chosen in all the colonies, for the purpose of consulting on the common...

§1. Having given, in the preceding chapter, a sketch of the union under the confederation, we shall next show the nature of the union under the present constitution, commencing...

§1. The first article of the constitution describes the manner in which the legislature is formed, and prescribes its principal powers. It declares, "All legislative powers here...

§1. "The senate of the United States shall be composed of two senators from each state; chosen by the legislature thereof, for six years; and each senator shall have one vote."...

§1. Having shown how the legislative department of the general government is constituted, we proceed to consider its powers. It is thought proper, however, first to notice one i...

§1. Next in the list of powers is "the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The need of no power under the...

§1. In regulating foreign commerce, congress has also passed navigation laws. _Navigation_ is the art of conducting ships and other vessels. It has reference also to the rules t...

§1. The next clause grants to congress the power "to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States." W...

§1. Congress has power "to establish post-offices and post-roads." The post-office department, from the facilities which it affords for the circulation of intelligence and the t...

§1. The next clause grants to congress the power "to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations." _Piracy_ is co...

§1. While the constitution confers on congress all the powers deemed necessary to be exercised for the general welfare, it imposes on congress certain restrictions, the most of...

§1. The next section contains restrictions on the powers of the states. "No state shall enter into any treaty, alliance, or confederation." [For the definition of _treaty_ and t...

by a treaty, or contract, for their mutual benefit. _Confederation_ and _alliance_, have nearly the same meaning. If the states, separately, were allowed to make treaties or for...

§1. The second article of the constitution relates to the executive department. Of the necessity of a separate and distinct power to execute the laws, we have already spoken. (C...

§1. The powers and duties of the president are next given. "The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the severa...

§1. The great amount and variety of the executive business of the nation, requires the division of this department into several subordinate departments, and the distribution amo...

§1. We come now to the third article of the constitution. The first two sections provide for the organization, and prescribe the powers, of the courts of the United States. The...

§1. The constitution defines treason, as follows: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them...

§1. "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, prescr...

§1. The 5th article provides for amending the constitution. It prescribes two different modes for proposing amendments, and two modes of ratifying them. Amendments may be propos...

§1. It is remarkable that, during a period of seventy years, the constitution has received so few alterations. Although twelve articles of amendment, so called, have been adopte...

§1. Having taken a general view of the state governments and the government of the United States, and seen how wisely they are adapted to promote the general welfare and secure...

§1. To render a marriage contract lawful, the parties must be of sufficient age, called the age of consent; which, by the common law of the land, is fourteen years in males, and...

§1. Parents, as the natural guardians of their children, are obliged to provide for their support and education during their minority, or while they are under twenty-one years o...

§1. Every citizen of the United States is capable of holding lands, or real estate, and of taking them by devise, descent, or purchase, and of selling and conveying away such es...

§1. In whatever manner a person acquires possession of real estate, whether by devise, descent, purchase, or gift, evidence of possession consists, usually, in a _deed_, which i...

§1. The term _incorporeal hereditaments_ may, to some readers, need explanation. A _hereditament_ is a thing capable of being inherited. Land, and all things attached to it by t...

§1. Real estate, the title to which is conveyed by deed, as distinguished from other estates in land, is called an _estate of inheritance_. An estate of inheritance, that is, an...

§1. A _contract_ is an agreement between two or more persons, by which the parties agree to do, or not to do, a particular thing. Contracts are _executory_, when the stipulation...

§1. A Sale is a transfer of the title to property to another person for a certain price; or the exchange of a commodity for its equivalent value in money. The exchange of one co...

§1. The title to property is sometimes transferred with fraudulent intent. A debtor, to place his property beyond the reach of his creditors, sells or assigns it to others by wa...

§1. The word _bailment_ is from _bail_, French, to deliver. (Chap. XVIII, §14.) Bailment, in law, is a delivery of goods, in trust, upon agreement that the trust shall be execut...

§1. An _agent_, or factor, is a person intrusted with the management of the business of another, who is called _principal_. The words _agent_ and _factor_ both signify a deputy,...

§1. A partnership is an association formed by contract between two or more persons, for joining their money, labor, or skill, in lawful business, the profits to be divided and t...

§1. A promissory _note_ is a written promise to pay a specified sum at a certain time, to a person named, or to his order, or to the bearer. A common form of a note is the follo...

§1. A bill _of exchange_ is a written order or request to a person in a distant place, to pay a third person a certain sum of money. The following is a common form:

§1. The statutes of each state define the crimes of which its laws take cognizance. The definitions given in this chapter, agree substantially, it is presumed, with those of sim...

§1. The _law of nations_ consists of those rules by which intercourse between nations is regulated. In its present improved state, the law of nations has not long existed. Ancie...

§1. The seas are regarded as the common highway of nations. The main ocean, for navigation and fishing, is open to all mankind. Every state, however, has jurisdiction at sea ove...

§1. Wars are offensive and defensive. The use of force to obtain justice for injuries done, is _offensive war_. The making use of force against any power that attacks a nation o...

§1. When a nation has resolved on making war, it is usual to announce the fact by a public declaration. In monarchical governments, the power to declare war, which of course inc...

§1. A neutral nation is bound to observe a strict impartiality toward the parties at war. If she should aid one party to the injury of the other, she would be liable to be herse...

§17. What if a governor refuses to sign a bill? Are bills presented to the governor in this state? If so, and he disapproves them, by what majorities must they be again passed?...

§14. What afterwards made it necessary for congress to exercise more extensively its powers to regulate trade? When did the system of protection properly commence? Where has sin...

§8. When, where, and by whom are the votes counted? How is the election determined? If no person has a majority of all the votes, by whom is the election made? How do the member...

§3. What other powers has the president? For what purposes are treaties made? Who exercises this power in monarchies? Why is not the house associated with the president and senate?

§12. How are postmasters paid for their services? State the rates of commission. To what amount of compensation are postmasters limited? What postmasters are appointed by the pr...

§9. What important object is so cared by the supreme court? How are state laws and the decisions of state courts affected by the decisions of the supreme court of the United Sta...

§5. What is attainder? Its meaning here? By the common law, how did the sentence of death for treason affect the traitor? What has congress declared concerning conviction for tr...

§2. In giving effect to this provision, what has congress enacted? In case of a judicial proceeding, what is required? What in case of an act of a state legislature?

§6. What rights does the fifth article guaranty? Can you give any reason why a person fairly tried and acquitted should not be tried again? What does the sixth article require?

§3. How long, in come states, are first purchasers secure before recording? What is the law in this state? What claim does a purchaser thus dispossessed still retain? Can you te...

§7. What is a right by _prescription_? How many years' peaceable use gives a person such right? What change in this term has been made in some states? What is it in this state?

§10. What is an estate at will? Are such estates common? In what case are they held to be tenancies from year to year? What if a tenant for years hold over after his lease?

§8. In what cases is an agent responsible to the person with whom he deals? In what case is a principal liable for goods bought by an agent in his own name?

§8. For what amount are the special partners liable? Whose names are used For what are the general partners liable? If the partnership is to be dissolved by the act of the parti...

§2. What is the effect of inserting "or bearer," or, "or order"? If payable to order, how is it made negotiable? Why is a note called negotiable? If not negotiable, how is it to...

§1. Are the penalties for crimes the same in all the states? Is the measure of punishment always the same for the same offense, in any state? Who fixes the measure of punishment?

§9. In what case is the property of an enemy in a neutral vessel liable to seizure? What is done with the property of neutrals found in an enemy's vessel?