4. This shows us how much more extensive is the jurisdiction of a Grand Jury, when acting under the laws of the United States, than when acting under State laws. In the former it extends generally all over a State, and sometimes over several States. But in the latter it is confined to the county in which it sits.
A Grand Jury never acts but in criminal cases. A Petit Jury acts in both criminal and civil cases. The finding orconclusion arrived at by a Grand Jury is called a presentment, or an indictment. The finding of a Petit Jury is called its verdict.
5. Second, a Grand Jury sits alone (not in the presence of the court), and deliberates upon such matters of a criminal character as it possesses knowledge of, or which may be brought to its notice by the court or by other persons; and when it finds that great evils exist, and wrongs have been perpetrated, it presents them to the court, and calls the attention of the law officers to them; which is equivalent to a recommendation that judicial proceedings should be commenced to abate the evil, or to punish the wrong-doer. This is called a presentment of the Grand Jury.
And when they find, upon such evidence as they have, that a great crime has been perpetrated, or that they have good reason so to believe, and that it has been perpetrated by some person specified, they report their finding or conclusion to the Court. This is called an indictment by the Grand Jury; after which the person so charged is arrested, if at large, and can be found, and is either imprisoned or held to bail for his appearance at court to stand trial.
6. A Grand Jury never tries a case. It only says to the court by its presentment or indictment, that the case presented, or the person indicted, ought to be brought before the court, and tried for the alleged wrong or crime.
A Petit Jury sits with the court, hears the pleadings and arguments of counsel on both sides, listens to the evidence of witnesses; and then hears the charge of the judge, as to the law applicable to the case; after which they withdraw and deliberate alone upon the case, and if they agree in a criminal case, their verdict is “Guilty,” or “Not Guilty;” if in a civil suit, they say how much one party is indebted (if any), to the other.
7. The object aimed at in that article of the Constitution which stands at the head of this chapter, is to protect persons from false charges of crime, and hasty adjudication of suchcharges; for it substantially amounts to a declaration that no person shall be punished for a capital or infamous crime, unless one jury, before trial, shall, upon information and belief, charge him with the offense; and another, after trial, shall find him guilty of the alleged crime.
The above remarks are as applicable to Grand and Petit Juries, acting under State, as those which act under the United States laws.
1. The Supreme power in the United States is lodged in the general government, with its three branches: Legislative, Executive, and Judicial. The authority of this government, however, is restricted to the powers expressly conferred on it by the Constitution; all other power being reserved to the States, or the people. The States also are sovereign in their own limits, over all questions not expressly assigned to the General Government. Instead of conflict of authority there is true harmony. The people elect the members of both the classes of legislators and executives, and both are equally employed in attending to the interests of the people confided to their care; the first to General, the second to Local interests. All the members and officers of each are the servants of the Sovereign People.
2. As soon as the general government was organized under the Constitution, there arose two parties. One wished to render the General Government prominent in order to secure concentration of strength and vigor of action; the other desired to exalt the State governments in the fear that the general government might prove ambitious of too much power, and disregard the welfare of the people. As in almost all party platforms, both these seemed to take too narrow a view. Washington was held to sympathize more with the first, Jeffersonwas the acknowledged leader of the second. Together they secured a very fair mingling of both these principles in the administration and general policy of the country. A strict adherence to the meaning and spirit of the Constitution would not seem to give special favor to either, or allow a conflict of interests.
3. The Supreme Court, or the Judiciary, is the regulating, or reconciling element, which the Constitution set over the whole to see that no undue or improper action should defeat its purposes, and that no collisions of authority should occur. Its decision is final, it being the last resort in cases of appeal; and, as the only final and authoritative interpreter of Constitutional Law, it may revise the action of all other branches of both general and local government, and put them in harmony.
4. It is plain that the authors of the Constitution intended to fuse the separate elements, or States, into one whole, where general matters were concerned; and to leave those elements perfectly free and absolute control of all questions involving only their separate and local concerns. ThePeople, and their welfare, are the aim and end of both organizations. The possession of power for ambitious ends by general, State, or municipal organizations, or by individuals, was apparently as foreign to the thought of the whole Constitutional convention of 1787 as it seems always to have been to the mind of Washington. That great man was the leader of clear-sighted and pure-minded statesmen, and whatever weaknesses and faults have existed at any time (and there have always been an abundance of them, as there were in the times of Washington) among political leaders, it must be allowed that the Fathers had worthy sons who knew how to work correctly the problems left them by their predecessors. A single question proved quite unmanageable to the sons, as it had before to the fathers, and had to be settled by an appeal to arms; but it demonstrated the strength of the people and the ability of our institutions to withstand the severest shocks.
5. The original States adopted the Constitution after deliberatestudy, and all the States since admitted virtually do the same. Their general structure in their legislative, executive, and judicial arrangements is substantially the same as that of the General Government. The State Legislatures consist of two Houses, chosen in different ways, and for different terms; the relations between them being similar to those of Congress. Every State has a governor, answering to the President of the United States, who is the executive officer of the State government. The courts in all are organized on the same principle as the Supreme Court of the general government. Although there are small variations from the model, in various States, they do not affect the general resemblance; and, due allowance being made for the different subjects to be treated, the analysis of the general, or of any of State governments, will give a sufficiently correct view of all.
6. A State cannot make treaties with a foreign power, nor declare war against it. It cannot raise a revenue by duties on imports, nor control the postal service, or matters involving the interests of other States. It has therefore no Department for Foreign relations, its Secretary of State dealing only with State affairs. It has no Department of War, or Navy, and no Postmaster General. The Governor’s signature is necessary to the validity of laws passed by the two branches of the legislature, and in most of the States he has a veto power similar to that of the President. He has an executive council answering to the Cabinet. The courts are more numerous than those of the general government, to meet the wants of all classes of the people; ranging from a Supreme or Constitutional court, whose office it is to interpret and apply the constitution of the State; through all grades, of Common Pleas, Circuit, District, Police, and Recorder’s courts down to neighborhood courts held by Justices of the Peace, or Aldermen. There are various others in different States for special purposes.
7. States are subdivided for purposes of local government into counties and towns; and these into smaller portions for educational and other purposes.
Thus the whole is like an extensive system of machinery, wheel being fitted to wheel. From the lowest to the highest the people of each local division have entire control over the subjects in which they only are interested; and there is very little opportunity for the exercise of arbitrary power. Executive officers may be changed by election, or impeachment, if they do not give satisfaction, or prove unfaithful; and as many securities as it is possible to devise are provided against abuses, or, if a majority in any State (or the United States) believe that an improvement can be made, there are constitutional and legal methods for securing it.
Thus our country is insured against serious discontents for which no remedy is at hand; and from the revolutions and internal disturbances that interrupt the progress, and destroy the resources of so many other countries. It is a governmentof,for, andbythe people. The value of any institution or office in the United States, from the school district and director to State legislature, Congress, governor, or President, is determined by the relation it bears to the Public Welfare; and when it ceases to be useful there are, as there ought to be, legal means for laying it aside.
The original thirteen States are here arranged in the order of size—the one having the largest area being placed first. They are ranked according to theirpresentarea, the claims of some of them at first extending to territory since erected into States; and one, Virginia, has been divided. Her former area would have ranked her as first.
The States that follow are placed in the order of their admission into the Union.
Illustration of Georgia state seal
This State was the last settled of the original thirteen. It was founded in the benevolent anxiety of Gen. James Oglethorpe and others to relieve the distresses of the poor in England. Those imprisoned for debt were sent out in large numbers. With this object was connected the desire to prevent the extension of the Spanish settlements in Florida, and the English government favored the undertaking. This class of settlers proving indolent and improvident, a better was attracted by laying off many towns, in the best locations, and offering fifty acres free to every actual settler. Many Scotch and German emigrants improved this opportunity, to the great advantage of the colony.
Gen. Oglethorpe imitated the wise conduct of Penn, in his treaties with the Indians.
He commenced his settlement at Savannah, in 1733, cheerfully assisted by the South Carolinians, who were pleased to see a barrier placed between them and the Spaniards. Oglethorpe had several conflicts with them, and succeeded in protecting his colony. The introduction of slaves was at first forbidden; but, as the colony seemed to fall behind the neighboring provinces for want of laborers, the restriction was removed. In 1752 the company gave up their charter, and Georgia became a royal province. It took part with the other colonies in resistance to the aggressions of the English ministry, at the Revolutionary period, and its condition during the war was similar to that of North and South Carolina. Being new, and on the frontier, it was not conspicuous.
The northern part of the State is uneven, the central andlower sections productive under a wise and careful culture, but easily exhausted under bad management. She has long navigable rivers, and her manufacturing and commercial capabilities are excellent. The system of slave-labor and the misfortunes of the Civil War have embarrassed her progress, but the energy of her people is fast raising her to her proper rank as a flourishing State.
Georgia has an area of 52,009 square miles, equal to 33,285,760 acres. She was named after George II.
The population in 1870 was 1,200,000, which entitles her to nine Representatives in Congress.
The State lies in the fifth judicial circuit, and has two judicial districts; also four ports of entry—Savannah, Brunswick, St. Mary’s, and Hardwicke; and two ports of delivery—Augusta and Sunbury.
The capital is Atlanta. The State election is held on the first Tuesday in August. The Legislature meets on the second Wednesday in January.
The enacting clause of her laws is: “Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met; and it is hereby enacted by the authority of the same.”
Illustration of North Carolina state seal
A Florentine navigator, sent out by Francis I., King of France, first published an account of this region. He visitedit in 1524. Ribault, a French protestant, sent out with a colony by Admiral Coligni, in 1564, named the southern coast Carolina, from Charles IX. (in Latin Carolus), King of France. The colony was not permanent. In 1585 Sir Walter Raleigh made an unsuccessful attempt to establish a colony on Roanoke Island. Some fifty years later the colonists of Virginia made a settlement in the limits of this State, called Albemarle. This territory was patented to a company of noblemen. The first colony, founded before this patent was issued, and enjoying entire liberty, became an asylum from the religious intolerance, almost universal at that time. In 1666 they numbered 800.
Many French Huguenots, attracted by this freedom and the mild climate and extreme fertility of the soil, settled here and added greatly to the industrious and virtuous elements of the population. The revolutionary struggle was singularly bitter and bloody in this State and South Carolina, from the number and sanguinary character of the royalists and tories, and from the partisan or guerrilla mode of warfare adopted.
The majority were, however, determined and valiant patriots, and rendered it impossible for the British to establish a firm control over this part of the country.
The eastern surface is low, the western mountainous, and much of the midland is covered with pine forests which produce large quantities of turpentine. The soil is favorable to agriculture. Yams, rice, and cotton, in addition to the cereals, are raised with success. The fisheries in Albemarle Sound are an important source of wealth. A large number of minerals are found in the State. Like most of the Southern States, its resources have been but partially developed.
This is one of the original thirteen States, and has an area of 50,704 square miles, equal to 32,450,560 acres, with a population of 1,069,614 (one-third colored), and entitled to eight members of Congress. North Carolina, by act of 1866, was located in the fourth judicial circuit, which is composed of Maryland, Virginia, West Virginia, North Carolina, andSouth Carolina; and is divided into three judicial districts, called the districts of Albemarle, Pamlico, and Cape Fear. The collection districts, and the ports of entry and delivery in this State have been so often modified and discontinued that there is some uncertainty as to the number. There are, as near as we can determine, ten districts, ten ports of entry, and nine ports of delivery.
Raleigh is the capital. There the Legislature meets biennially on the first Monday in November. The State election is held on the first Thursday in August.
The enacting clause of the laws is as follows: “Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same.”
Illustration of New York state seal
The “Empire State” is very fortunately situated for the promotion of all the interests that form the basis of prosperity of a Nation. It contains the commercial metropolis of the country, which is connected, by its great navigable river, the Hudson, and the Erie canal, with the fertile interior and the commerce of the chain of great lakes in the west; while Lakes Ontario and Champlain furnish the means of profitable trade with Canada on the north. As its natural commercial facilities are unrivaled, so also, every auxiliary that can be furnished by art is employed to develop its resources and to attract trade and manufactures.
Its river was discovered by the celebrated navigator, Captain Henry Hudson, in 1609, and he gave it his name. He was employed, at this time by the Dutch, who claimed and settled the territory in the following year. They established posts on Manhattan Island, where New York now stands, and at Albany—calling the country in general, New Netherlands. They held it until 1644; laying claim, also, to Connecticut and New Jersey. Their rule was despotic, and when the Duke of York, afterward James II., King of England, sent a squadron to enforce English claims to it, the inhabitants declined to resist, and it became an English colony without a struggle. The cityand colony received the name of New York and continued henceforth in English hands. Its position favored a steady-growth in population and wealth; and it took an active part in the Revolution. Its central position made it the pivot of the war, the leading struggles taking place in or near it. New York city was held by the British during most of the war, but the skillful strategy and watchfulness of Washington, and the valor of his officers and troops preserved the river in American hands throughout. It ratified the Constitution July 26th, 1788, and soon outstripped every State in all things, except education, no State being able to compare with Massachusetts in that respect.
New York is the largest and richest city in the Union. The State abounds in salt and mineral springs, and its central and western parts are unexcelled for agriculture; while the eastern, more mountainous, but nearer to markets, and more abundant in water power, is equally favorable to grazing and manufactures.
Its area is 47,000 square miles, equal to 30,080,000 acres. The population in 1870 was larger than that of any other State, being officially stated at 4,364,411. It has thirty-three Members of Congress.
It forms part of the second judicial circuit, and has three judicial districts; eleven ports of entry, and fourteen ports of delivery, with the privilege of eight or nine others if the President of the United States deems them necessary.
The Capital is Albany. The State elections are held on the Tuesday after the first Monday in November, and the Legislature meets on the first Tuesday in January in each year. The style of the enacting clause is: “Be it enacted by the people of the State of New York represented in Senate and Assembly.”
Illustration of Pennsylvania state seal
“The Keystone State” has been eminently fortunate in three various ways. Its founder, William Penn, happily united benevolence and high political wisdom, with a thrifty and prudent economy, and possessed sufficient influence and tact to infuse his colony with his own qualities to a large degree, and the advantages acquired in the beginning, have shed their favoring influence on all its future, to the present time.
Penn, as proprietor of his province, had almost kingly power; yet, as a law-giver, he acknowledged the liberties of the people, and accustomed them to many of the forms of self-government afterward incorporated into the Constitution of the United States. His just and conciliatory conduct toward the Indians, and the exemption of Pennsylvania from barbarous Indian wars, in consequence, proves the utility of the practice of unvarying justice and kindness toward them; and stands in strong and significant contrast with the opposite course, so often pursued, and with results so distressing.
A colony was established by Penn in the southeastern part of the State, in the year 1682. The government was conducted by a governor, a council of three, and a House of Delegates, chosen by the people. The largest religious liberty was allowed, and punishment of crime was mitigated from the severity, customary in those times, to something like the mildness now practiced among us.
The colony enjoyed seventy years of enlightened government, and prospered greatly. A large immigration of hardy and thrifty Germans and Swedes spread over the State and supplied,in Revolutionary times, the “fighting material” which the religious principles of the Quakers forbade them to furnish.
The second eminent advantage of the State, was in its central position, the facilities furnished to commerce and trade by the Delaware river on its eastern boundary, and the Ohio, on the west, connecting it with the valley of the Mississippi.
The third superiority, later in development in some of its features, relates to its wealth of resources. Lying midway between north and south, its climate is temperate and mild. Its soil on the eastern border and along the valleys of its numerous rivers is of great fertility; while its inexhaustible coal deposits are far more valuable in promoting the steady growth of her citizens in wealth than mines of gold. Iron, copper, zinc, marble and slate are, apparently, inexhaustible. Her railroads and canals furnish a suitable means for the development of these resources, and the transportation for all her valuable commodities to profitable markets, and prove her later citizens to have inherited the economic wisdom and thrift of the founder of their State.
Pennsylvania valiantly bore the share in the struggles and sacrifices of the Revolution to which her position, her wealth and numbers, called her. Philadelphia—“The City of Brotherly Love” (the name means this,) was the first capital of the Republic. It was there that the Declaration of Independence was originated and signed.
Its area is 46,000 square miles, equal to 29,440,000 acres. The population in 1870 was 3,515,993, entitling her to twenty-seven Representatives in Congress.
It is in the third judicial circuit; and forms two judicial districts. There are two ports of entry, and two collection districts. Harrisburg is the capital; the Legislature assembling on the first Tuesday in January, the State elections being held the second Tuesday in October.
The enacting clause of her laws is: “Be it enacted by the Senate and House of Representatives of the Commonwealth ofPennsylvania in General Assembly met; and it is hereby enacted by the authority of the same.”
Illustration of Virginia state seal
“The Old Dominion,” as this State has been called, in familiar style, has certain high claims to such a distinctive appellation. It was the colony in which the first permanent settlement was made, and for fourteen years before the perils of the wilderness were encountered by the Puritan Fathers of New England, it confronted famine and Indian hostility. Its people were quite different in character from those of most of the other colonies. While many were from the lowest classes, a goodly number of the gentry and nobility of England were transplanted to this colony. Some were men of wealth, character and influence; and the hereditary value of that element became conspicuous when revolutionary times came, and the colonial government, which had been from the first, kept closely dependent on the royal will, being set aside, permitted to this class a free field of action. None were more eloquent, more zealous, more valiant or wise, during the “time that tried men’s souls.” The talents, patriotism, and wisdom of Washington, Jefferson, Madison, Monroe, and many others almost equally useful, attest the quality of the Virginian stock of patriots, and shed honor on their native State.
It was settled in 1607, at Jamestown. The infant colony was long exposed to danger of destruction by Indian hostility; but, favored by circumstances, grew up to strength, and became a protection to others. An almost constant struggle was maintained with the royal governors, who were disposed to encroach on their liberties. Notwithstanding the number of decayed and worthlessgentlemen, and the dregs of the English populace, who entered as components into her population, as awhole, they proved worthy of the republic they so largely helped to rear. Their best blood was spilled in its cause, and their material support was never withheld in time of need.
This State is much varied in surface. In the southeast it is low and level; in the west and northwest mountainous, with numerous large streams and fertile vallies, and a charming climate. Its mineral wealth of coal, iron and salt is very great; its water power for manufacturing purposes unsurpassed; and its commercial position everything to be desired. None of these advantages have been more than partially improved; and the future of the State is destined to be exceedingly brilliant. Old and nourishing colleges testify to the interest taken in education; and railroads and other means of internal development have already prepared the way for its greatness. She exports tobacco, flour, oysters, and cotton, and her agricultural wealth is constantly improving.
Virginia is also one of the original thirteen States, and had an area previous to the division in 1862, of 61,352 square miles, equal to 39,265,280 acres; but after West Virginia was set off as a separate State, there were but 38,352 square miles left of this once great State, equal to 24,545,280 acres.
The population in 1860 amounted to 1,596,318, which entitles the State to nine Members of Congress. By the division the number of Representatives was cut down to nine; the new State receiving three out of the twelve. Population in 1870, 1,224,830.
Virginia lies in the fourth judicial circuit, which by the act of 1866, was composed of this State, Maryland, West Virginia, and North Carolina and South Carolina. There were two judicial districts in this State, anterior to the division; the Eastern and the Western. There is now but one.
There were also twelve collection districts in this State, and twelve ports of entry, all of which remain the same as they were before West Virginia was cut off, for they were all located on the Atlantic coast, or on the bays and rivers running into the Atlantic Ocean; there are also ten ports of delivery.
Richmond is the capital. The State election is held on theTuesday after the first Monday in November. The Legislature meets on the first Monday in December.
The enacting clause of the laws of Virginia is: “Be it enacted by the General Assembly.”