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Of the Militia of the State. 1. In order to defend a country against attacks from foreign enemies, and to put down insurrections and rebel. lion against the government by its own citizens, it is the practice of every government to keep the country prepared for events of this kind. For this purpose, men are required to meet every year on certain days, for instruction in the art of war. This is usually called military exercise, or training.
2. By the laws of this state, all white male citizens of the United States, residing within this state, between the ages of twenty-one and forty-five years, are liable to do military duty, except the following : Ministers of the gos. pel ; militia officers, having been uniformed and equipped, and having served five years ; members of uniformed companies seven years; and acting members of fire companies, while such, and in time of peace, after they cease to be members. Certain public officers, while in office, are also exempt.
3. Besides these, there are persons exempted by the laws of the United States. They are the vice-president, and all executive and judicial officers of the government of the Uni. ted States; members of congress, and its officers; customhouse officers and their clerks; post-officers, and drivers of mail stages; ferrymen employed at ferries on post-roads; pilots and mariners. The president, it will be seen, is not among the list of the exempt, he being commander-in-chief of the militia of the nation. [Const. U. S., Art. 2, sec. 2.]
4. By an act of the legislature in 1844, the rank and file of the militia are not required to train, except in time of war. All persons of the age mentioned, except those who are exempted by law, are to be enrolled in the militia, and, instead of training, to pay every year fifty cents, or labor
1. For what purpose are military trainings? 2. Who are liable to do military duty ? "Who are exempt by the laws of the state ? 3. Who wo exempt by the laws of the United States? 4. What portion of the
on the highways one day. The money is collected by the township assessor, and paid to the treasurer of the county.
5. All military officers and members of volunteer conpanies, while regularly performing military duty, are exempt from the poll-tax of two days' highway labor, but not from any
other road tax. And any person enrolled in the militia, who shall join a volunteer company, becomes thereby exempt from the payment of the fifty cents, or the one day's labor on the road.
6. Volunteer companies are composed of men between eighteen and forty-five years; but minors may not be enrolled, without consent of their parents or guardians. These companies are the only acting militia of the state, and are the first to be ordered into service in case of war, or to suppress riots, or to aid the civil authorities in executing the laws. There is a company muster of volunteer companies every year, and also a brigade muster of the sev. eral volunteer companies, for review and inspection.
7. The governor is, by the constitution, made the commander-in-chief of the militia of the state. [Const. Art. 2, sec. 10.] He has power to call them out, when their services are wanted. The highest military officer under the governor, is the adjutant-general, and is appointed by the governor. The constitution declares by whom the different officers shall be elected. [Art. 5.]
8. The adjutant-general discharges the duties of the inspector-general, and distributes all orders from the .com, mander-in-chief to the several divisions, or other corps of the militia ; attends all public reviews, where the commander-in-chief shall review the militia; and obeys all orders to him relative to carrying into execution and perfecting the system of military discipline, established by law.
9. It is believed that the law abolishing the trainings and
militia do not train? How and what do they pay instead? 5. Who are exempt from poll-tax? 6. Of whom are volunteer or uniform companies composed? What is said of their being called out? Of their musters? 7. What military office has the governor? What' officer does he appoint? 8. What are the duties of the adjutant-general! 9. Can you give any reasons in favor of abolishing military trainings?
musters of the great body of the militia, is a good one; first, because they had become so inefficient as to produce no material improvement in discipline; secondly, the time spent in these useless exercises, and the money expended for arms and equipments, were highly burdensome to many citizens; thirdly, they tended to injure the public morals; and fourthly, there is little or no probability of a war, or other occurrence, requiring a large portion of the militia of the country to be called into immediate service. The vol. unteer companies are supposed to be sufficient for any event that is likely to happen.
10. Happily, the practice of settling disputes by war, is growing unpopular among civilized nations. War is a dreadful evil, and ought to be discouraged, and, if possible, avoided. How much better it would be, if nations should settle their disputes as individuals do, without fighting! If the love of military honor were less encouraged, and the principles of peace duly inculcated, the time would be hastened when i nations shall learn war no more.”
Of Courts of Justice.- Justices' Courts. 1. In the preceding chapters it has been shown how the laws of the state are made, and how the government is ad. ministered ; and also what are the powers and duties of officers in the legislative and executive departments of the government. There is another class of officers, whose powers and duties remain to be described, called judicial officers. The business of judicial officers is to administer justice to the citizens; and when sitting for that purpose, they are called a court.
2. The necessity of courts of justice is easily seen. It would be improper to allow every man who thinks himself 10. Is war desirable ? Can you mention any of its evil consequences !
1. What is the business of judicial officers? 2. From what does the Some have gen
injured, to be judge in his own case, as to what is right or wrong, and to punish others for acts which he might think to be contrary to law. If such were the case, there might as well be no law at all. Mankind are generally partial to themselves; and therefore they would be unsafe judges between themselves and others. Besides, but a small portion of the people are sufficiently learned in the law to be judges.
3. Hence, that justice may be done to all, as far as possible, it must be obtained in courts of law; and to prevent injustice from being done to any member of the community, the constitution requires, that in all cases of crime, however openly it may have been committed, the offender must have a fair and impartial trial. [Const. Art. 8, sec. 7.]
4. There are numerous kinds of courts in the state, some of a higher, and others of a lower order. eral, and others special jurisdiction, and that which is more limited. When we speak of the jurisdiction of a court, we have reference to its power to pronounce the law. The word jurisdiction is composed of two Latin words, jus, law, and dictio, a speaking; hence juris dictio, a speaking of the
The jurisdiction of a court, therefore, means how far, and in what cases, it has power to try and determine questions in law.
5. Some courts have power only to try civil causes; others have jurisdiction in causes both civil and criminal. Some have jurisdiction in cases arising in any part of the state; others only in cases arising within the county. As most suits at law are tried in justices' courts, and as cases may be carried up from them to the higher courts, we shall begin with the lowest, and proceed to the highest.
6. Justice's Court.—Justices of the peace are elected for three years; the number for each township to be determined by the court of common pleas. The trustees of the township give notice of the time and place of elections to fill vacancies. Justices are commissioned by the governor.
necessity of courts of justite appear? 3. To prevent injustice in case of crime, what does the constitution require ? 4. What different kinds of courts are there? What is jurisdiction ? 5. What difference is there between the jurisdiction of one court, and that of another ? 6. For
7. A ustice of the peace can try a cause only in the own for which he is chosen, and in which he resides. He can try civil causes only, and only those in which a limited sum is sued for. Causes are called civil, when money is claimed; criminal, when persons are tried for crime. Causes, actions, and suits, though somewhat different in meaning, are words generally used to signify the same thing,-meaning prosecutions at law, or lawsuits. A justice can try suits only in which the sum sued for does not exceed $100; but he may take and enter judgment on the confession of a defendant, for any sum not exceeding $200.
8. Actions must be brought before a justice of the township in which the defendant resides; otherwise a plaintiff might maliciously take a defendant to a remote part of the county, simply to give him unnecessary trouble, or perhaps to compel him to a settlement on unjust terms. A plaintif is the party that sues; the party sued is called defendant, because he defends himself in the suit.
9. Actions may be commenced by the parties going volun. tarily before a justice ; but this is seldom done. Suits are generally commenced by process, which means a written instrument issued by a justice, enforcing proceedings at law. The process by which a suit is in most cases commenced, is a summons ; and the action is considered commenced, on the day when the surmons is delivered to the constable.
10. A summons is addressed to any constable of the township, commanding him to summon the defendant to appear before the justice, on a day, and at an hour specified, which must be not less than three, nor more than 12 days after the date of the summons, to answer the plaintiff in a plea mentioned ; and the summons must be served at least three days before the time when the defendant is to appear.
what term are justices elected? What number? How and when are vacancies filled ? 7. How is a justice's jurisdiction limited? What is a civil suit ? Criminal ? Define cause, action, suit. To what sum is a justice limited ?_8. In what township must a suit be brought? Who is the plaintiff? Defendant? 9. How are suits usually commenced ? What is a process? A summons? 10. What does a summons contain ?