Page images
PDF
EPUB

8. The king is the supreme head of the Church in England. King James I. declared, "that as it is atheism and blasphemy to dispute what the Deity may do, so it is presumption and sedition in a subject to dispute what the king may do in the height of his power." In the State and national governments of the United States, all connection of Church and State is expressly prohibited.

9. The president can convene Congress, or the Senate alone, on extraordinary occasions. The governors of the several States can convene the State legislatures; and the king has the same power in reference to parliament. The vice-president, when acting as president, possesses all the powers of the president; and the lieutenant-governors, when acting as governors, possess all the powers of the governors. The secretaries of state have the care of all books and papers deposited in their office.. Comptrollers and treasurers, or secretaries of the treasury, superintend the fiscal concerns of the State and nation, and manage the same in the manner required by law. The treasurer receives all moneys paid into the treasury. The attorney-general prosecutes and defends all civil suits in which the State or nation are a party.

8. What position does the king hold in the Church? What did King James I. declare Is there any connection between Church and State in the State and national governments of the United States?

9. When may the president call an extra session of Congress or of the Senate? What powers in this respect have the governors of States? What power has the king? What powers belong to the vice-president when he acts as president? What powers belong to lieutenant-governors when they act as governors? Of what does the secretary of state have the care? What do comptrollers and treasurers, or secretaries of the treasury, superintend? What does the treasurer receive? What suits does the attorney general prosecute and defend?

CHAPTER XXXIX.

COUNTY AND TOWN OFFICERS.

1. WE have already seen that the States are divided into counties, and that the counties are divided into towns. Each county is a body corporate, and each town is a body corporate. In their corporate capacity they may sue and be sued; purchase and hold real or personal property for corporation purposes; and use or dispose of corporate property in such manner as may be deemed conducive to the interests of its inhabitants. Towns hold town meetings, and select their town officers. County officers are also elected,-such as county treasurer, county clerk, sheriff, and district attorney. The county treasurer receives all moneys belonging to the county, and applies the same in a manner prescribed by law. The county clerk has the custody of the books and records of the county. The district attorney prosecutes, on behalf of the people, all criminal suits.

2. The sheriffs of counties are invested with great powers. In England, three names are presented to the king by the judges, and the king selects one of the three, whom he appoints sheriff for four years. As keeper of the king's peace, he is the first man in the county, and superior in rank to any nobleman therein. 1. He may apprehend, and commit to prison, all persons who break the peace, or attempt to break it, and may bind any one in a recognizance to keep the peace. 2. He is bound, by

1. How are States divided? What is each county and town? In their corporate capacity, what may they do? For what purpose do towns hold town meetings? What county officers are elected? What does the county treasurer receive? Of what has the county clerk the custody? What is the business of district attorneys?

2. How are sheriffs selected in England? For what time? As keeper of the king's peace, what is their rank? Whom may he apprehend and

virtue of his office, to pursue and take all traitors, murderers, felons, and other criminals, and commit them to jail for safe custody. 3. He is bound to defend his county against any of the king's enemies; and for this purpose, as well as for keeping the peace and pursuing felons, he may command all the people of his county to attend him; and every person over fifteen years of age, and under the degree of a peer, is bound to obey under pain of fine and imprisonment. The sheriff executes all process issued to him from the courts. When an action is brought on for trial, he summons the jury. When the action has been. tried, he carries into execution the judgment of the court. His duties in criminal actions are: 1. To arrest; 2. To commit to prison; 3. To summon a jury; 4. To execute the sentence of the court. The sheriff's deputies may perform nearly all the duties of the sheriff. Most of these duties are exercised by sheriffs in the several counties of the several States.

CHAPTER XL.

MARRIAGE.

1. THE institution of marriage may be regarded as the foundation of civil society. Families begin with marriage; and hence arise the various relations of husband, wife, father, mother, children, brothers, sisters, and all the

commit to prison? What is he bound to do by virtue of his office? Against whom is he bound to defend his county? For this purpose, whom may he command to attend him? What is the penalty for disobedience? What process does the sheriff execute? When an action is brought to trial, who summons the jury? Who carries the judgment into execution? What are his duties in criminal actions? What duties may be performed by his deputies? Where, except in England, are most of these duties performed by sheriffs?

1. How may the institution of marriage be regarded? With what do families begin? What relations arise from marriage? What is the

other degrees of kindred. Parental solicitude for the welfare of children, and the constant exercise of paternal advice and restraint, has greater influence in protecting the morals and securing the happiness of society, than all civil authority.

2. Marriage, in England and in the American States, is declared to be a civil contract. The law treats it as it treats all other civil contracts, allowing it to be good and valid in all cases where the parties, at the time of making it, were competent, willing, and actually made such contract. The impediments to marriage by the Roman civil law were: Non-consent of parents; want of age; want of citizenship; natural defects of mind or body; consanguinity; affinity. The general rule for prohibition on account of consanguinity and affinity was: "All such as are real parents and children to each other, or in the place of parents and children, are forbidden to marry together." In the right line of parents and children, marriage was prohibited ad infinitum, whether the relation of parent and child was derived from nature, or introduced by adoption. Marriage in the right line was forbidden. on account of affinity, no less than consanguinity. This provision extended equally to freemen and to slaves. The statutes of New York declare that all marriages between parents and children, including grand-parents and grand-children of every degree, ascending and descending, and between brothers and sisters of the halfblood, as well as of the whole blood, are incestuous, and absolutely void. These are the only prohibitions on account of consanguinity and affinity. The Code Napoleon has adopted precisely the same extent of prohibition, as

effect of parental solicitude for the welfare of children, and the constant exercise of paternal advice and restraint?

2. Where is marriage declared to be a civil contract only? How does the law treat it? When is it valid? What were the impediments to marriage by the Roman civil law? What was the general rule for prohibition on account of consanguinity and affinity? To what extent prohibited in the right line? What do the statutes of the State of New York declare as to the prohibition of marriage on account of consanguin

forming the impassable line between lawful and incestnous marriages. In the twenty-second century of the history of the world, marriage between brothers and sisters of the half-blood was not prohibited. Abraham, the patriarch and founder of the Jewish nation, married his sister of the half-blood, as appears from the twelfth verse of the twentieth chapter of Genesis. When the Levitical law was given, these marriages were prohibited.

3. In most of the United States, marriage between uncles and nieces, and aunts and nephews, is prohibited. This is in accordance with the Levitical law. It is not prohibited in all the States, as we have seen. From the time of the Emperor Claudius to that of Constantine, the marriage of a brother's daughter was allowed. In Massachusetts, Ohio, and several other States, marriage between nearer of kin than first cousins is prohibited.

4. Persons of unsound mind are incompetent to make a marriage contract. To constitute a valid marriage, ac-^ cording to the laws of England, it is necessary-1. That the parties be not within the prohibited degrees of consanguinity or affinity; 2. That the male be of the age of fourteen, and the female of the age of twelve, with the consent of parents or guardians; 3. Of the age of twentyone years, without the consent of parents or guardians; 4. That the parties be of sound mind; 5. That the parties be single; 6. That they consent to the marriage; 7. That the marriage be celebrated in pursuance of the publication of bans or license; 8. That the marriage be celebrated by one authorized to celebrate the same. Marriages

ity? What marriages are forbidden on account of consanguinity by the Code Napoleon? What relative did Abraham marry? By what law of the Jews was such marriages prohibited?

3. What marriages are prohibited by the Levitical law? What is the rule in most of the States of the Union? Are marriages of uncles and nieces prohibited in all the States? For what time were such marriages allowed by the Roman government? What is the rule of marriage as to consanguinity in Massachusetts ?

4. What is the rule as to persons of unsound mind? To constitute a valid marriage according to the laws of England, what is necessary? Within what degree of consanguinity is marriage prohibited in Eng

« PreviousContinue »