USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 17
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When civil society is once formed, government at the same time results of course as necessary to preserve and keep that society in order.
Unless some superior be constituted, whose commands and decisions all the members are bound to obey, they would still
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remain in a state of nature, without any judge upon earth to define their several rights and redress their several wrongs.
Forms of Government .- There are but three regular forms of gov- ernment, viz: A Monarchy, an Aristocracy, and a Democracy.
In a Monarchy the government is intrusted to the hands of a single person.
In an Aristocracy it is lodged in a council composed of select members.
In a pure Democracy it is vested in an aggregate assembly con- sisting of all the free members of the commonwealth.
An Absolute Monarchy is a government in which the supreme ruler governs according to his own will and is not controlled by any established laws.
A Limited Monarchy is a government in which the supreme ruler is restricted by laws made by representatives chosen by the people.
A Republic is a government in which the authority is exercised by representatives of the people.
The difference between a Democracy and a Republic is, that in the former the people themselves rule, and in the latter the repre- sentatives of the people. A pure Democracy exists only in a country where all the people can assemble together and make laws. A Republic may be either an Aristocracy or a Democracy.
Our Government, which is a representative Democracy, is divided into three distinct branches or departments, viz: the Legislative, the Executive, and the Judicial.
The Legislative department makes the laws.
The Executive department enforces the laws.
The Judicial department interprets the laws.
These departments will be described in detail in succeeding chapters.
The United States .- The United States is composed of numerous States. It has a Constitution defining the rights and powers of the National Government. All "the powers not delegated to the United States by the Constitution, nor prohibited by it to the
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OF CIVIL GOVERNMENT GENERALLY.
States, are reserved to the States respectively or to the people."
The Constitution may properly be called the "foundation stone" of the Government of the United States. Neither the Congress nor the Legislature of any State can pass any law contravening or opposing it.
A State is one of the commonwealths or bodies politic, the peo- ple of which commonwealths make up the body of the nation: it is composed of counties.
Each State has also a Constitution of its own. Its operations are confined to the boundaries of the State, and the Legislature thereof can not pass any law in violation of it. It defines the rights and powers of the State Government.
That portion of our national domain not organized as States is divided into districts called Territories. The government of a Territory is similar to that of a State.
The National Constitution binds the people of the nation.
The State Constitution binds only the people of the State.
The United States has its own laws and officials.
Each State has also its own laws and officials.
A County is a particular portion of a State separated from the rest of the territory for certain purposes in the administration of the affairs of the State government.
The Civil Governments of all the States are very similar in charac- ter, the laws of each being much alike. A familiarity with the gov- ernment of one State will give the student a very good idia of all.
QUESTIONS.
What is civil government? Why was it established? What are the foundations of society? How was the preservation of mankind effected? What keeps mankind together, and demon- strates the necessity of this union? What is the natural founda- tion and cement of civil society? What is meant by the original contract of society ? What should the community do? What should each individual do? What is necessary for protection ? When does government result? For what is it necessary? Why should a superior be constituted and obeyed? Name the different
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forms of government, and define them. What is a Republic? Tell the difference between a Republic and a Democracy. What is the Government of the United States? Of what is the United States composed? What is the Constitution of the United States? What are the reserved rights of the States? What may the Con- stitution be properly called? What can not the Congress nor the Legislature do? Of what is a State composed ? What is a State? What does the National Constitution bind? What does the State Constitution bind? What do the United States and State have? What is a county? What is the character of the civil government of the States?
CHAPTER II, COUNTY DISTRICTS.
In Tennessee each county is divided into Road, Civil and School Districts, called townships in some States.
Road Districts .-- Roads are a necessity, and are essential to the prosperity of any community.
It is the duty of every government to provide for making roads and keeping them in repair.
In this State the County Courts of each county are authorized by law to open and keep in repair public roads whenever it is necessary.
Before a new road can be opened, or an old one discontinued or altered, due notice must be given to all persons interested. Three or more suitable persons, called "Jury of View," are appointed by the County Court to view the ground and report to the court. The court may then, upon this report and other evidence, deter- mine whether the road shall be established, altered, or discon- tinued.
A writ to assess damages to land through which it is propo-d for the road, or the alteration of the road, to run, may be issued by the court, and a jury may assess the damages, which may be paid out of the county levy. No road shall be ordered to be
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opened through any town lot, orchard, burying-ground, building, or yard without the consent of the owner.
Roads shall be opened sixteen feet wide, or, near a town, thirty feet wide.
Any person who willfully obstructs a road in any way shall be liable to pay a fine.
The County Court shall divide all the roads in the county into Districts, and appoint a Commissioner in each District, who is required to keep the road in order.
A Commissioner is not allowed to resign under two years, unless he remove from the District.
All male persons, over eighteen and under forty-five years of age, who are able to labor, shall be assessed to work on some road, and shall be liable to pay a fine upon failure to attend and work on the road, after being notified by the Commissioner.
Commissioners of roads receive pay for their services.
Turnpike roads are built by corporations. under charters. The corporation may acquire the land over which the road is to run by purchase. or by a writ to assess damages, as in the case of pub- lic roads. The law regulates the tolls and manner of travel upon the roads.
School Districts .- Education is of the highest consideration, and is indispensable to every government.
School Districts are established in each county by the County Court.
The School Fund is derived from a poll tax and taxes levied upon all the real and personal property in the State, and from interest on county bonds.
Each district is under the control of three Directors elected by the qualified voters of the district. One shall be elected each year, for the term of three years, to fill the place of the Director going out of office. The Board elects its Clerk and Chairman.
They shall have the general control of the school district. They shall employ the teacher, and may remove him for proper cause. It is the duty of the Clerk to take the census each year of all
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the children who are permitted by law to attend the common schools, and report the same to the County Superintendent, and they shall make a yearly report to the County Superintendent of the general condition of the district. For any neglect of duty they are liable to pay a fine and be removed from office.
They receive no compensation, but the Clerk gets two cents per capita for taking the census.
Girl Districts-The ofice of Justice of the Peace is of ancient origin. It came to us with the common law and with English institutions. It is a very important office, and the duties are numerous and responsible.
Each county is divided into Civil Districts.
Two Justices of the Peace are elected in each Civil District every six years. by the qualified voters thereof.
The court of a Justice of the Peace is always open, and he may hear and determine causes within his jurisdiction at any time.
He has limited jurisdiction in civil causes. He is a conservator of the peace in his county, and can inflict fines and imprisonment for penal offenses of a certain character, such as riots, routs, and breaches of the peace. He can hold investigating trials where persons are charged with felonies or high crimes, and require bail. He can bind persons to keep the peace.
A Justice's fees are the compensition for bis services, with $1.50 per day for not more than two days of any one term, and mileage for those not residing within five miles of the Court House for attending the County Court. He gives a bond for the faithful discharge of his duties.
A Constable is elected every two years in each Magisterial or Civil District.
His duties are to execute all civil and criminal processes issued by the proper courts. He may also execute notices, rules. orders of courts, and make arrests.
His fees are his compensation.
He is required to give a bond for the faithful discharge of his duties.
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OF COUNTY OFFICERS. QUESTIONS.
How is a county divided? What of roads? What is the duty of the Government in regard to roads? What power can open and keep roads in repair? How are roads opened, altered. or discontinued? How are damages assessed? How are the dam- ages paid? Through what places shall a road not run? How wide shall roads be? What is the penalty for obstructing a road ? Who can divide roads into districts? Who appoints the Commiis- sioner? What persons shall work on a road? What is the pen- alty for a failure to attend and work? How are turnpike roads built? How are lands acquired by them? What regulates the tolls and manner of travel? What of education? By whom are school districts established? What is the school fund? Under whose control are the districts? For how long are the Trustees elected? Who is Chairman of the Board? What are the Direc- tors? What are their powers and duties? What is their com- pensation ? What of the office of Justice of the Peace? How i- each county divided? How many Justices in cach district? How long do they serve? What are the powers of a Justice of the Peace? What is the compensation of a Justice of the Peace? For how long is a Constable elected? What are his duties What is his compensation ? Does he give a bond ?
CHAPTER III. OF COUNTY OFFICERS.
In Tennessee each county has a Judge or Chairman of the County Court, a Clerk of the County Court, a Trustee, a Sheriff. a Register, an Assessor, a Surveyor, a Coroner, a Superintendent of Common Schools, a Clerk of the Circuit Court, and a Ranger.
Judge of the County Court .- The County Jailge or Chairman of the County Court is elected for one year. He is a Magistrate, and has jurisdiction of both civil and criminal causes. He holds a court four times a year, called the Quarterly Court, which is also the Court of Claims.
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His fees, with a yearly allowance out of the county levy made by the Court of Claims, are his compensation for his services.
Clerk of County Court .- A Clerk of the County Court is elected every four years.
His duties are as follows, viz: To make settlements with guar- dians and administrators of their accounts. To keep a record of all the proceedings of the County Court and Quarterly Court -. To issue all marriage licenses in the county. To be the custodian of all county officers' bonds, of the Assessor's books, of the po !!- books and books of election, and of all other papers required by law to be recorded or kept in his office.
His fees are the compensation for his services. He is required to give a bond for the faithful discharge of his duties.
Sheriff .- The office of Sheriff is an ancient one, and was trans- mitted to us by our English ancestry.
A Sheriff is elected every two years, but is ineligible, after a third term, for two years.
The duties of Sheriff are as follows, viz:
To execute all civil and criminal processes from the different courts properly issued and placed in his hands; also to execute notices, rules of court, and similar papers.
He is a peace officer, and may make arrests.
He may appoint deputies with the same powers as his own.
He shall execute all persons condemned to be hanged.
He may command and take with him, if need be, the power of the county, or a part thereof, to aid him in the execution of the duties of his office, civil or criminal.
He shall attend the Circuit, County, and Quarterly Courts, and Chancery Courts of his county, and keep order therein.
His fees are his compensation.
He is required to give bond for the faithful discharge of his duties.
Assessor .- The Assessor is elected for four years.
He may appoint assistants with the consent of the County Court.
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He shall cause all the property in the county to be listed for taxation, and he shall fix a full and fair value upon all the estate so listed. and enter the same in the tax book.
He shall make a report of his assessments and deliver his books to the Clerk of the County Court by the first Monday in June.
He shall report to the Judge or Chairman of the County Court any person who shall refuse to give in a list of his property for taxation. and said Judge or Chairman shall then make the assess- ment from such information as he can obtain.
The compensation of the Assessor. is a certain commission on. the amount assessed by him.
He is required to give bond for the faithful discharge of his duties.
Board of Equalization .- The Board of Equalization consists of four freeholders holding no county office. Their salary is $2.50 per day. The County Judge or Chairman is a member of the Board er catrin. He receives no pay. They are appointed by the County Court. and are required to revise the list as reported by the Assessor.
County Surveyor .- The County Surveyor is elected for four years.
He may appoint one or more deputies.
His duties are to excoute promptly and faithfully every order of survey, made by any court, of lands lying in his county, and make out and return a true plat and certificate thereof, accompanied by explanatory notes.
He is required to give a bond for the faithful performance of his duties.
His fres are his compensation.
Corner-The Coroner is appointed by the County Court for two years.
Ifis Aaties are to hold an inquest upon the body of any person slain. drowned, or otherwise suddenly killed, and to execute from the court when Sheriff is incompetent.
His jury shall be composed of seven good and lawful house-
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keepers of the county, summoned and sworn by himself, who. upon their oaths. shall inquire, and say in writing, if they know in what manner the person came to his death or the house to be broken; when, where. how, and by whom, and who were present, and who are culpable for the act.
If any person by such inquest be found culpable. the Coroner shall forthwith arrest and commit such person to the county jail. to be dealt with according to law.
He shall bury the person over which an inquest is held, or .deliver him to his friends if required.
He is required to give a bond for the faithful performance of his duties.
His fees are his compensation.
County Superintendent .- The County Superintendent is elected for two years.
His duties are as follows, viz: To have general supervision over the common schools in his county; to visit the schools: to report to the Superintendent of Public Instruction the census of each common school district in the county; to make an annual report to the Superintendent of Public Instruction of the general condi- tion of each common school in his county, including the number of pupils, the average wages of teachers, etc .: and to examine and grant certificates of qualification to teachers.
He is allowed an annual salary by the Quarterly Court, to be paid out of the county levy.
Clerk of Circuit Court .- A Clerk of the Circuit Court is elected every four years.
His duties are to keep a record of all the orders and proceeding of the Circuit Court of his county; to grant certificates to wit- newest to administer oaths, and to perform such other duties as may be legitimately required of him by the Judge of the Circuit Court.
His fees are his compensation for his services.
He is required to give bond for the faithful discharge of his duties.
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OF COUNTY OFFICERS.
Jailor .- The Sheriff is Jailor by virtue of his office, or he may appoint one.
His duties are to have custody of the jail, and to receive and keep all persons in the jail who shall be lawfully committed thereto until they are lawfully discharged. He shall treat them with humanity, and furnish them with proper food and lodging during their confinement, and shall deliver such as die in jail to their friends, if requested, or have them decently buried at the expense of the county.
His fees are his compensation for his services.
Ranger .- The Ranger is a constitutional officer, elected by the County Court. for two years or until his successor is elected.
His fees are his compensation.
His chief duties are to give notice of the taking up of estrays; to secure their return to their owner; to cause the taker up of animals to be compensated for their trouble, and one-half the appraised value of the estrays to be paid to the County Trustee. This office is falling into disuse.
Eligibility of Oficers .- Each of the officers described in this chapter must be at least twenty-one years of age, a citizen of the United States, a resident of the State two years next preceding his election, and of the county one year.
Vacancies-A vacancy in the office of Clerk of the County Court, Sheriff, State's Attorney, Assessor, Surveyor, Coroner, and County Superintendent, is filled temporarily by the Quarterly Court until an election.
A vacancy in the office of County Judge is filled temporarily by the Justices of the Peace of the county until an election.
A vacancy in the office of Clerk of the Circuit Court, by the Judge thereof until an election; and a vacancy in the offices of Justices of the Peace and Constable, by election by the voters till the next regular election.
QUESTIONS.
For how long is the County Judge elected? What are his duties and powers? What is his compensation ? Does he give a
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bond? For how long is the County Clerk elected? What are his duties? What is his compensation? Does he give bond" For how long is the Sheriff elected? When is he ineligible for re-election? What are his duties and powers? What is his conr pensation? Does he give bond? For how long is the Assessor elected ? What are his duties and compensation? Does he give a bond? What is the Board of Equalization? What are their duties? For how long is the County Surveyor elected? What are his duties and compensation ? Does he give a bond? For how long is the Coroner elected? What are his duties and con- pensation ? Does he give a bond? For how long is the County Superintendent elected? What are his duties and compensa- tion? Does he give bond? What is the term of office of Circuit Court Clerk? What are his duties? His compensation, etc .? Who is Jailor? What is the Ranger? What are his duties and compensation ? What of the eligibility of these county officers? How are vacancies to be filled?
CHAPTER IV.
COURTS.
County Courta .- A County Court is held monthly by the County Judge or Chairman in each county. It is opened on the first Mondays, and may be kept open during the month. It is a court of record.
It has power to appoint guardians, administrators, road coli- missioners, officers of elections. to make settlements with fidu- ciaries, to probate wills.
Quarterly Courts .- The Quarterly Court is a county court held by the Justices of the Peace in the county, and presided over by the County Judge. It has power to fix the county levy, to make appropriations for the benefit of the county, to provide for the maintenance of the paupers in the county, to fix the salaries of the County Judge and County Superintendent, and make appro-
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priations therefor, and do such other acts as may be lawfully required. It meets four times a year.
Circuit Courts .- The State is divided into districts. termed Judi- cial Circuits, in which several counties are included. Circuit Courts are held in each one of these counties.
They have original jurisdiction of all matters in law within its county, of which jurisdiction is not by law exclusively delegated to some other tribunal, and have all power necessary to carry into effect the jurisdiction given.
Special terms may be called by the Judge. Besides the juris- diction in civil causes, which is not limited in amount, they have jurisdiction over high crimes and misdemeanors, such as murder, manslaughter, arson, robbery, etc.
It is presided over by a Circuit Judge, who is a conservator of the peace throughout the State.
They are courts of record.
They are usually held three times a year, and last for several days or weeks, according to the business.
Officers of Circuit Court .- In each Judicial Circuit there is a Circuit Judge and a State's Attorney.
Circuit Judge .- A Judge of the Circuit Court must be a citizen of the United States, a resident of the district one year next pre- ceding his election, at least thirty years of age, and must be "learned in the law."
He is elected for eight years by the qualified voters of his dis- trict.
The Circuit Judge receives a regular salary allowed by law. payable monthly out of the State treasury.
State's Attorney-A State's Attorney shall be elected for eight years. He must be twenty-one years of age. a citizen of the United States, must have been a resident one year next preceding the election in the State and district. and a licensed practicing attorney.
His duties are to attend each Circuit Court held in his district. to prosecute all violations of the criminal and penal laws therein, and to discharge all other duties assigned him by law.
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His fees are his compensation and a per centum of the fines and penalties recovered by the State in cach Circuit Court in hi- district.
Chancery Courts-The State is divided into Chancery Division composed of several counties, over which one judge, called the Chancellor, presides, holding court twice a year in each county. This is a court of large civil jurisdiction, and is very popular with the legal profession and litigants, one reason being that an appeal to the Supreme Court settles the case without the necessity of another appeal.
Clerk of Chancey Court .-- The clerk of the Chancery Court is called the Clerk and Master, who is appointed by the Chancellor for a term of six years.
Other Courts-Criminal Courts and Common Pleas Courts are also sometimes established by special acts of the Legislature. Their powers and jurisdiction are similar to those of Circuit Courts.
Supreme Court .- The Supreme Court is the highest court, and the court of last resort in this Stato. It is composed of five judges. who represent three different divisions respectively into which the State is divided.
Judge of the Supreme Court .- A Judge of the Supreme Court must be a citizen of the United States, a resident of the State five years next preceding his election. at least thirty years of age, and must be learned in the law.
One Supreme Judge is elected for each division of the State. and two for the State at large, not more than two to come from one division of the State.
They are elected for eight years. They are allowed annual salaries, payable monthly out of the State treasury.
Chief Justice .- The judge who presides during the sessions of the court is called the Chief Justice. He is elected by the other four judges.
Click .- The Clerk of the Supreme Court is elected by the court every eight years.
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It is his duty to keep a record of the proceedings of the court.
He must be a citizen of the United States, and a resident of the State one year next preceding his election.
His fees are his compensation.
Reporter. - The Reporter of the Supreme Court is appointed by the court.
His duties are to publish such decisions as the court may direct, and to represent the State in criminal cases before the court.
He receives an annual salary, payable monthly out of the State treasury.
Marshal .- The Marshal of the court is appointed by the court for one year.
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