treasurer the amount of the state tax; and the remainder is applied to the payment of the county expenses. And the amount collected for town purposes is paid to such persons in the town as are by law authorized to receive the same.

CHAPTER XXI.

THE MILITIA.

§ 1. To defend a country against foreign enemies, and to put down insurrections and rebellion against the government by its own citizens, it is the practice of governments to keep their respective countries prepared for events of this kind. For this purpose, men are required to meet every year on certain days for instruction in the art of

war.

§ 2. All white male citizens of the United States, between the ages of eighteen and forty-five years, are liable to do military duty in the states in which they reside, except such persons as are exempt by the laws of the state and of the United States. Persons exempt by the laws of the state, are usually the following: Ministers of the gospel; commissioned officers of the militia having served a certain number of years; members of uniformed companies having served for a specified term; members of fire companies; certain public officers while in office; and in some states, teachers and students of colleges, academies and common schools; and a few others. Persons exempted by the laws of the United States, are the vice-president and all executive and judicial officers of the government of the United States; members of congress and its officers; custom-house officers and their clerks; post-officers and drivers of mail stages; ferrymen employed at ferries on post-roads; pilots and mariners.

§ 3. It will be seen that the president of the United States, 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 com

mander-in-chief 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.

§ 4. Persons who, having been duly notified, refuse to appear at military parades, or, appearing, are not equipped as the law directs, are tried by a military court, called court martial, consisting usually of three military officers, or of such other persons as may be appointed according to the law of the state. If the persons tried do not show good cause for their delinquency, they are fined in such sum as the law prescribes. In certain cases, courts may consist of more than three members.

§ 5. The highest militia officer next in rank to the gov ernor, 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.

§ 6. There is also, in some states, a commissary-general, who 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. The commissary also furnishes the officers of the militia such articles as they are entitled to receive for the use of their companies.

§ 7. 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 required by law. But it may well be doubted whether compelling a man to pay such equivalent is not itself a violation of the rights of conscience. Persons conceiving it no less morally

wrong to commute for the service than to perform it, have refused to do either, and have submitted to the forcible collection of the commutation money, and, in some instances, even to imprisonment. Hence, in some states, all persons belonging to the society of Friends, usually called Quakers, are exempt without the payment of an equivalent.

§ 8. By the laws of New York and Ohio, the rank and file of the militia in these states are not required 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 a small tax, which, in New York, is fifty cents, and in Ohio fifty cents, or a day's highway labor.

§ 9. Laws abolishing trainings and musters of the great body of the militia, are growing into 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 arms and equipments, are burdensome to many citizens; and thirdly, there is no probability of an occasion requiring a large portion of the militia to be called into immediate service. The volunteer companies and the standing army of the nation, are deemed sufficient for any supposable emergency.

§ 10. Happily, the practice of settling controversies between nations by war, is becoming less popular in civilized and Christian communities. War is a fearful evil, and ought to be discouraged, and, if possible, avoided. Were governments 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."

CHAPTER XXII.

EDUCATION; SCHOOL FUNDS; SCHOOLS, &C.

§ 1. The object of a good government is to promote the happiness and welfare of its citizens. To protect them in the enjoyment of life and the fruits of their labor, is not its whole duty. It should go further, and make express provision for improving the condition of the people, especially the less favored portions of them.

§2. The prosperity and happiness of a people depend essentially upon their education. In many of the eastern countries, the people, for the want of intelligence, are degraded and miserable. They are governed by a despot, who rules over them with great rigor. Such is their ignorance, that they know not that there could be any improvement in their condition: consequently, they could not gov ern themselves as the people of this country do. It is only where the people are well educated, that a free government can be maintained. Therefore, if we would secure a continuance of the blessings of good government, the advantages of education must be enjoyed by the citizens generally; and it is the duty of the government to provide the means for promoting the general diffusion of useful knowledge. The states have accordingly instituted school systems for the instruction of children and youth of all classes.

§ 3. But the states do not all provide these means in the same manner, nor to the same extent. In most of them the schools are supported only in part, in a few of them wholly, at the public expense. In some states, a fund has been provided, the income of which is annually applied to this object. A fund, in general, is a sum of money used for carrying on business of any kind. The money, or capital stock, which a merchant employs in trade, is a fund. Also the moneys and other property of a state, which are set apart for paying the expenses of the government, or for the construction of canals, roads, and other public improvements, are called funds. The interest of these funds, and the income from other sources, are called the revenue.

§ 4 In some states, school funds are provided by appropriating the public lands, which are lands owned by the state as a corporate body; the proceeds of which, from sales or rents, constitute a part or the whole of the school fund, the interest of which is annually applied to the support of schools. If the income from the school fund is insufficient for this purpose, the deficiency may, as is done in some states, be supplied, in whole or in part, by taxation, or from the state treasury. In several of the states, the common schools are wholly supported at the public expense.

§ 5. Many of the new states have large school funds. At an early period, while most of the territory from which these states have been formed was yet the property of the United States, and uninhabited, congress passed an act, designating a particular section of land (number sixteen) in every township, for the support of schools therein. By this act, one-thirty-sixth part of the lands within each of these states, has been thus appropriated, besides smaller portions granted for the benefit of a university in each state. These lands are in the charge of the proper officers, who dispose of them, and apply the proceeds as the law directs.

§ 6. The school funds of many of the states have been largely increased by certain moneys received from the United States. In 1837, there had accumulated in the national treasury, about thirty millions of dollars over and above what was needed for the expenses of the government. By an act of congress, this surplus revenue was distributed among the states then existing, to be kept by them until called for by congress. Although congress reserved the right to recall the money, it was presumed that it would never be demanded. That it never will be, is now almost certain. Many of the states have appropriated large portions of their respective shares for educational purposes. From its having been said to be only deposited with the states, this fund is sometimes called the United States deposit fund.

7. School moneys coming from the state treasury, or state fund, are usually apportioned among the several towns of the state; and each town's share of the same, together with what may be raised in the town by taxation,