Elements of Civil Government. Alexander L. Peterman
interferes with the life, liberty, property, or happiness of another. Any act which interferes with the rights of others is an offence against the common good and against the law. It is chiefly for the prevention and punishment of these unlawful acts that the civil district exists, with its court and its officers.
All legal voters of the district have the right to participate in its government by exercising a free choice in the selection of its officers, except in States where these officers are appointed. They have the right to cast their votes without fear or favor. This is one of the most important and sacred rights that freemen possess. Free government can not exist without it. The law guarantees it, and all the power of the State may be employed to maintain it. Therefore, whoever prevents a voter from exercising the right of suffrage does it at his own peril.
DUTIES.--As the citizens of the civil district have rights, they also have corresponding duties. As they may demand protection and the preservation of the peace, so it is their duty to obey the law and assist the officers in its enforcement, in order that the same protection may be extended to the whole people. Each should abstain from acts that injure others, and render cheerful aid to all in securing their rights through the law.
All qualified voters have the right, and it is also their duty, to vote. The voters elect the officers of the district, and are therefore its rulers. When they fail to vote, they fail to rule--fail in their duty to the people and to themselves. The duty to vote implies the duty to vote right, to vote for good men and for good measures. Therefore, citizens should study their duty as voters, that they may elect honest, capable, faithful officers, and support the parties and principles that will best promote the good of the country? Every one should study his political duty with the best light that he can obtain, decide what is right, and then vote his sentiments honestly and fearlessly. If the district has good government, the voters deserve the credit; if it has bad government, the voters deserve the blame.
OFFICERS.
The officers of the district are the justices of the peace and the constable. In some States there is only one justice to each district, in other States there are two, and in others there are three.
JUSTICE OF THE PEACE.--The office of justice of the peace is one of dignity and importance. Justices can render great service to society by the proper discharge of their duties. They may have much to do with enforcing the law, and therefore the best men should be elected to this office.
ELECTION, TERM OF OFFICE.--Justices of the peace are usually elected by the qualified voters of the district. In some States the governor appoints them. The term of office is two, three, four, or even seven years, varying in different States.
DUTIES.--The duties of justices of the peace are principally judicial, and their jurisdiction extends throughout the county. Upon the sworn statement of the person making complaint, they issue warrants for the arrest of offenders. With the aid of juries, they hold court for the trial of minor offences--such as the breach of the peace--punishable by fine or brief imprisonment. They sometimes try those charged with higher crimes, and acquit; or, if the proof is sufficient, remand the accused to trial by a higher court. This is called an examining trial. They try civil suits where the amount involved does not exceed a fixed amount--fifty dollars in some States, and one hundred dollars in others--and prevent crime by requiring reckless persons to give security to keep the peace. Justices sometimes preside, instead of the coroner, at inquests, and in some States they have important duties as officers of the county.
CONSTABLE, ELECTION, TERM OF OFFICE.--There is usually one constable--in some States more--in each civil district. Constables, like the justices, are elected in most States; but in some they are appointed. The term of office is usually the same as that of the justice in the same State.
DUTIES.--The constable is termed a ministerial officer because it is his duty to minister to, or wait upon, the justice's court. He serves warrants, writs, and other processes of the justice, and sometimes those of higher courts. He preserves the public peace, makes arrests for its violation, and in some States collects the taxes apportioned to his civil district.
SUGGESTIVE QUESTIONS.
1. In what respect does civil government differ from family or school government?
2. Why does the government of the civil district concern its people directly and others remotely?
3. What is meant by the civil unit? By what names is it known in the various States?
4. What are the three general classes under which the civil unit may be considered?
5. Why can not free government exist without the right to vote?
6. Why should the people try to secure their rights through the law?
7. What is the purpose of the subdivision of a county into districts?
8. Define in general terms the rights and duties of the citizens of civil districts.
9. By what other names are justices of the peace sometimes called?
10. Why is the jurisdiction of a justice's court limited?
11. Who are the justices of this civil district?
12. When elected, and what is their term of office?
13. Who is constable of this district?
QUESTION FOR DEBATE.
Resolved, That the government of the civil district should have a legislative department.
CHAPTER IV.
THE TOWNSHIP OR TOWN.
INTRODUCTION.--We have learned that in the Southern States the civil unit under various names may be described under the common name of the civil district; that in the New England States it is called the town, and in many of the Western States it is known as the township. As the powers and functions of the town and the township are the same in kind, differing only in extent, and as the two names are so often used, the one for the other, we shall consider both under the head of the township.
As a rule, the township possesses more extensive governmental functions in the Eastern than in the Western States, and in the West it possesses functions much more extensive than those of the civil district in the South. Many of the most important powers that belong to the county in the Southern States belong to the township in the Eastern and the Western States.
FORMATION.--In the Eastern States the townships were formed in the first settlement of the country, and afterward a number of townships were combined to form the county. In the Western States the townships were surveyed, and their boundaries marked, by agents of the general government, before the Territories became States of the Union. As a natural result, the townships of the Eastern States are irregular in shape and size, while those of the Western States have a regular form, each being about six miles square. In the Western States the township is usually composed of thirty-six sections, each section being one mile square, and containing six hundred and forty acres of land.
PURPOSES.--It is an old and