and the governor of the state, are not mentioned among the persons who are free from military duty. By the constitution of the United States, the president is commander-inchief of the army and navy of the United States; and of the militia of the several states also, when called out into actual service; and by the constitution of the state, the governor is the commander-in-chief of the militia of the state.

§ 5. Persons who refuse to appear at military parades after having been duly warned, are afterwards tried by a military court called court martial, consisting of three military officers; and if upon trial such persons cannot show that they were necessarily absent, they are fined in such sum as the law prescribes. And they are also liable to fine if they attend, but are not equipped as the law requires. For the trial of high military officers, courts sometimes consist of more than three members.

§ 6. The highest militia officer next in rank to the governor, is the adjutant-general of the state; who keeps a list of all the higher commissioned officers, containing the date of their commissions, their rank, the corps they belong to, the division, brigade and regiment, and the places of their residence. He distributes all orders from the commanderin-chief to the several divisions; attends public reviews where the commander-in-chief shall review the militia; and obeys all orders from him relative to carrying into execution the system of military discipline established by law. The adjutantgeneral is appointed by the governor.

§ 7. There is also a commissary-general, who, from the nature of his duties, is properly a military officer. He has the care of the arsenals and magazines, and the articles deposited in them. An arsenal is a building in which are kept cannon, muskets, powder, balls and other warlike stores; all of which are to be kept in repair and ready for use. commissary also furnishes the officers of the militia such articles as they are entitled to receive for the use of their companies.

The

§ 8. There are persons who, believing all wars to be wrong, can not conscientiously do military duty. As it is the object of our government to secure to every person the liberty of conscience as well as other rights. the constitutions of the

states provide, that those who are averse to bearing arms, may be excused by paying annually a sum of money as an equivalent for the service requi ed by law. But it may well be doubted whether compelling a man to pay money is not itself a violation of the rights of conscience. Hence, in some states, all persons belonging to the society of Friends, usually called Quake.s, are exempt without the payment of an equivalent.

§ 9. By the laws of New York and Ohio, the rank and file of the militia in those states are not requi ed to train in time of peace. Persons subject to do military duty, except those connected with the uniformed companies, are enrolled in the militia; and instead of doing duty, they annually pay in New York seventy-five cents, and in Ohio fifty cents, or one day's labor on the highways.

10. Laws abolishing trainings and musters of the great body of the militia, meet with great favor, and for these, among other reasons: first, the militia system produces no material improvement in discipline; secondly, the time spent in these useless exercises, and the money expended for a ms and equipments, are burdensome to many citizens; and thi dly, there is no probability of a war at any time, or of any other occurrence, requi ing a large portion of the militia to be called into immediate service. The volunteer companies are supposed to be sufficient for any event that is likely to happen.

§ 11. Happily, the practice of settling controversies between nations by war, is growing unpopular in civilized and Christian communities. War is a fearful evil, and ought to be discouraged, and, if possible, avoided. Were govern ments so disposed, they might in most cases settle their differences peaceably and honorably, as individuals do. If the love of military honor were less encouraged, and the principles of peace duly inculcated, the time would be hastened when "nations shall learn war no more."

EXERCISES.

§ 1. What is the object of a military establishment? Are there not other means equally effective of securing the pub'ic peace and safety?

§ 2, 3. What persons are liable to do military duty? Who are exempt?

§ 4. What duties devolve upon the national and state executives?

§ 5. What is a court martial; and what is its business? 6. Mention the general duties of an adjutant-general? 7. What is the business of a commissary-general? § 8. What provision is made to excuse persons conscientiously averse to bearing arms? What is liberty of con

science?

§ 9. What peculiarity exists in the militia laws of New York and Ohio?

§ 10. What is your opinion as to the utility of military trainings? Give your reasons.

§ 11. Mention some of the evils of war. By what peaceable means might national controversies usually be settled?

CHAPTER XXVI.

Judicial Department.-Justices' Courts.

§ 1. In the preceding chapters it has been shown how the laws of the state are made, and how the government is administered; 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. Sometimes we mean by court, the judges or justices, jurors, and other persons engaged in a trial; but frequently only the judges or justices holding the court are

meant.

§ 2. A government without some power to decide disputes, to award justice to the citizens, and punish crime, according to the laws of the state, would be incomplete. It would he improper to allow every man who thinks himself injured to be judge in his own case. Laws would be of little use.

Mankind in general are apt to be partial to themselves; they would therefore be unsafe judges between themselves and others. Besides, only a small portion of the people are sufficiently learned in the law to be judges.

§ 3. Hence, justice is best secured to the citizens by having recourse to the courts for the redress of injuries, and for the punishment of crimes; and that no injustice may be done to any member of the community, constitutions require, that in all cases of crime, however openly the same may have been committed, the offender shall have a fair and impartial trial.

§ 4. There are several kinds of courts in each state. Some are of a higher, others of a lower order: by which is meant, that some have greater jurisdiction than others. In speaking of the jurisdiction of a court, reference is had to its power to pronounce the law. The word jurisdiction is composed of two Latin words, jus, law, or juris, of the law, and dictio, speaking; hence juris dictio, a speaking or pronouncing of the law. The jurisdiction of a court therefore means how far, and in what cases, it has power to 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. Justices' Courts. Justices of the peace are in some states elected by people in the towns, in others they are appointed by the legislature, or by the governor in connection with the senate or some other body of men. Justices of the peace usually have power to 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.

7. The party that sues is called plaintiff; the party sued is the defendant. Actions may be commenced by the

parties going voluntarily 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 summons is delivered to the constable.

§ 8. A summons issued by a justice of the peace, is addressed to a constable of the town, in some states to any constable of the county, commanding him to summon the defendant to appear before the justice on a day and at an hour specified, to answer the plaintiff in a suit, the nature of which is mentioned in the summons.

§ 9. If the defendant is found, the constable serves the summons by reading it; and if the defendant requests it, the constable must give him a copy of it. If he is not found, a copy must be left at his place of abode, with some one of the family of suitable age. The constable returns the summons to the justice, at or before the time named for trial, with an indorsement on the back of it, stating the time it was served, and also whether personally served, or served by

copy.

10. Either party may appear in person, or by attorney, that is, another person appointed to answer and act for him. When parties have appeared and answered to their names, they make their pleadings; that is, the plaintiff declares for what he brings his suit; and the defendant declares the nature of what he has to offset against the plaintiff's demand; or he pleads that he has paid him, or that he never owed him, as the case may be. These acts of the parties are called joining issue.

§ 11. A man's word is not taken as evidence in his own favor in a court of justice: he can not establish a fact without witnesses. The justice, therefore, at the request of either party, issues a subpoena, which is a writing commanding persons to appear and give evidence. Subpoenas may be served by a constable or other person, who must pay, or offer to pay, the witness the fees allowed by law for one day's attendance, or the witness is not obliged to attend.

§ 12. If a person duly subpoenaed, and whose testimony