The _marshal_ is the executive and ministerial officer of the court, with duties similar to those of a sheriff.
The Supreme Court of the United States appoints a _reporter_, who reports--that is, edits and publishes--its decisions. This court also appoints its own _marshal_. The decisions of the district court are reported by the Judge, or by an attorney under the judge"s sanction.
Each court appoints a clerk, who keeps a record of its proceedings; gives a history of each case; notes all orders, decisions, and judgments; has charge of all money paid; and keeps and fixes the seal of the court.
The circuit courts of appeals appoint their own marshals and clerks.
The duties of these officers are similar to those performed by the marshal and clerk of the Supreme Court. The circuit courts of appeals have no reporters.
SUGGESTIVE QUESTIONS.
1. Who is chief justice of the United States, and of what State is he a citizen?
2. Why should a judge hold his position during a long term of years?
3. This State is a part of what United States circuit?
4. What justice represents this circuit in the supreme court?
5. Who is judge of the United States district court of this district?
6. Why can no person bring suit against the United States except by special act of Congress?
QUESTION FOR DEBATE.
_Resolved_, That the jury system should be abolished.
PART II.
CHAPTER XV.
GOVERNMENT.
Government is defined as _rule_ or _control_. It is that which governs, and also the act of governing. In its political sense, it means the supreme authority of a State or other political community, or the act by which this authority is applied. It is sometimes said to be a system of inst.i.tutions for the restraint of people living in the social state or social condition.
The word _govern_ is derived from a Latin word which first meant _to steer the ship_, and then very naturally came to mean _to guide, to direct, to command_.
"The comparison of governing with steering is a very happy one," for the interest of him who steers is the same as that of the people in the ship: "all must float or sink together." So the interest of those that govern, of those that guide "the ship of state," as we often express it, is the same as that of the people.[1]
ORIGIN AND NECESSITY.--The origin of government is unknown; its beginning can not be traced. People everywhere, in all the varying degrees of civilization, recognize the necessity of a supreme authority, to whom all owe and render obedience.
Men can not long live in the same vicinity without some kind of political organization. Without some sort of government--that is, some supreme power to settle disputes--the people would be in continual warfare; there could be no security to person or property; each individual could look to himself alone for safety; "his hand would be against every man, and every man"s hand against him."
Wherever men are found they live under some form of government, however rude and imperfect. In all parts and in all ages of the world they have seen the necessity of some power to protect the weak and restrain the strong, and have therefore set up a supreme authority for the common welfare.
A body of people living under government is called _society_, and the agreement existing between them, for their common welfare, is called the _social compact_.
Men are so const.i.tuted that society is necessary to their happiness.
Therefore they seek the social state and join the social compact, thus agreeing to be governed by law and order.
FOR THE PEOPLE.--Government is for the people, and not for the rulers.
Officers, the highest and the lowest, are merely the servants of the people.
All governments derive their just powers from the consent of the people, and are established and maintained for their good. All powers which are exercised without the consent of the people are unjust and tyrannical.
KINDS.--Government is of two kinds, civil and military.
_Civil government_ is the government of civil society, or the government of the people in a peaceful state.
_Military government_ is the government of men in a state of war. It prevails in the army and the navy, and sometimes in districts which are the scenes of military operations.
Military government is conducted by the rules of martial law, and in its penalties and exactions is much more severe than civil government.
FORMS OF CIVIL GOVERNMENT.
There are many forms of civil government, but they may be reduced to three princ.i.p.al systems:
1. _Monarchy_: government by one person.
2. _Aristocracy_: government by a few persons.
3. _Democracy_: government by the people.
Every government is either one of these forms or is composed of two or more of them.
MONARCHY.--A _monarchy_ is a government whose chief authority is vested in one person, usually called king, queen, emperor, empress, or prince.
Monarchies are absolute or limited.
In an _absolute monarchy_ there is no limit to the power of the monarch; his wishes are the laws of the people. The people are his property, and in his person are combined all the powers of government, legislative, executive, and judicial. Russia is the only civilized nation whose government is still an absolute monarchy.
In a _const.i.tutional monarchy_ the sovereign, or chief ruler, must govern by laws made by a representative body elected by the people.
England and Germany are const.i.tutional monarchies.
In an _hereditary monarchy_ the sovereign inherits the ruling power, usually from his father.
In an _elective monarchy_ the sovereign is elected for life, usually by the dignitaries of other nations.
A _patriarchy_ is a monarchy in which the chief power is exercised by a patriarch, or father. The authority of the patriarch is confined to his tribe. This form of government was common in ancient times, before tribes were combined into nations.
A _theocracy_ is a monarchy whose rulers claim to be under the direct guidance of G.o.d. The government of the ancient Hebrews was a theocracy.
ARISTOCRACY.--An _aristocracy_, sometimes called _oligarchy_, is a government in which the supreme authority is vested in a privileged few, distinguished by their wealth and social position.
The privileged cla.s.s are usually called n.o.bles. They are above the common people in rank and bear t.i.tles of honor. These t.i.tles are mostly inherited, but are sometimes conferred upon persons by the sovereign.