The Government Class Book Part 7

--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.

--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 a.s.sistance 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, --12-14.)

--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 inst.i.tuted, 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.

--9. So important was the inst.i.tution of grand juries considered, that the const.i.tution of the United States, to which the const.i.tutions 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., --7.)

--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.

--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.

--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., --8.)

Chapter XX.

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

--1. It might be supposed, that in inst.i.tuting 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.

--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.

--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.

--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 pet.i.tion or prayer that the defendant may be summoned to make answer on oath, is filed with the clerk of the court, who issues a subpna 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 p.r.o.nounced by the court, which the court has power to carry into effect.

--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_.

--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 const.i.tution 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.

--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 a.s.signed him. The senators are sworn truly to try and determine the impeachment according to evidence; and a day is fixed for trial.

--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 p.r.o.nounce 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.

--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.

a.s.sessment and Collection of Taxes.

--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 a.s.sessed upon the person or property of a citizen for the use of the state. When a.s.sessed 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.

--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 inst.i.tutions. 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.

--3. As the property of every person is to be a.s.sessed in proportion to its value, it is necessary, first, to make a correct valuation of all the taxable property. For this purpose, the a.s.sessor or a.s.sessors pa.s.s 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.

--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 a.s.sessors, (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 a.s.sessed, these also are set down in the lists at such sums as the law directs to be affixed to each poll.

--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.

--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 a.s.sessors. 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 a.s.sessed 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.

--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.

--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.

--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.

--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.

--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 inst.i.tuted school systems for the instruction of children and youth of all cla.s.ses at the public expense.

--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 ca.n.a.ls, roads, and other public improvements. The interest of these funds, and the income from other sources, are called the _revenue_.

--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, const.i.tute 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.

--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 pa.s.sed 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.

--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 acc.u.mulated 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_.

--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.

--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.

--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.