Elements of Civil Government Part 22

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 G.o.d. 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 G.o.d. 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 pa.s.sed by legislative a.s.semblies.

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 a.s.semblies. 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 pa.s.ses 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 _pet.i.t 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 inst.i.tutions 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 const.i.tutions of nearly all the States and the Const.i.tution 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 pa.s.sing 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?