Page:Black's Law Dictionary (Second Edition).djvu/553

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GOVERNMENT

erclsed upon the Individual members of an organized jnral society by those invested with the supreme politicnl authority, for the good and weifare of the body politic: or the act of exercising supreme politicai power or control.

2. The system of polity in a state; that form of fundamental rules and principles by rihlch a nation or state is governed, or by which individual members of a body politic are to regulate their social actions; a constitution, either written or unwritten, by which the rights and duties of citizens and public officers are prescribed and defined, as a monarchical government, a republican government, etc. Webster.

3. An empire, kingdom, state or independent polltical community; as in the phrase, “Compacts between independent goveruments."

4. The sovereign or supreme power in ii state or nation.

5. The machinery by which the sovereign power in a state expresses its will and exer- cises its functions; or the framework of po- iitical institutions, departments, and offices, by means of which the executive, judjciai. legislative, and administrative business of the state is carried on

6. The whole class or body of officeholders or functionaries considered in the aggregate. upon whom devolves the executive, judicial. legislative, and administrative business of the state.

7. In a colloquial sense, the United States or its representatives, considered as the prosecutor in a criminal action; as in the phrase. “the government objects to the witness."

—I‘ede:-ul government. The government of the United States of America, as distinguished from the governments of the severai states. —Government annuities societies. These societies ars formed in England under 3 8: 4 Wi:ii. IV. c. 14. to enable the liidustrious classes to make provisions for themselves by purchas- mg, an advantageous terms, a government anniiity for life or term of years. By 10 8: 11 Vict. c. 45. this not, as well as 7 it 8 Vi:-t. C. 83. amending it, wers repealed, and the whole law in relation to the purchase of government Iunuifics, through the medium of savings banks, was consolidated. And by 27 8: 28 \'icr. c. 43. additional facilities were afforded for e pur- chase of such annuities, and for assuring pay- ments of money on death. Whnrt0n.—Guvernmerit de fauto. A government of fact A government actually exercising power and control in the state, as opposed to the true and iavifui government: a government not estab- lished accorrlirig to the constitution of the state, or not lawfully entitled to recognition or su- premarcg, but which has nevertheless supplanted or isplaced the overnment de jitre. A government deemed unnwful, or deemed wrongfiii or unjust, which, nevertheless, re:-sires resently habitual obedience from the bulk of t e com- munity Aust. Jur. 324. There are severai de- grees of what is called "do frrcto government”

u a government, in its highest degree, assumes a character very closely resembling ;hat of a lawful government. This is when the nsiirping government expels the regular author- liies from their customary seats and functions,

Bl.Law Dict.(2d Ed.)—35

545

GOVERNOR

and establishes itself in their place, and so becomes the actual government of a country. The distinguishing chai'ncterisL'ic of such a government is that adherents to it in war against the government do furs do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in behalf of the country or otherwise will, in general, be respected by the government do iurc when restored.

But there is another description of government, called also by pLlbli(‘.lSi'5 a "government do fad-o." but which might, perhaps. be more aptly denominated a “government of paramount force." Its distinguishing characteristics are (1) that is existence is maintained by active military power, within the territories, and hgrinst the rightful authority, of an established and lawful government; and (2) that, while it ex- ists. it must necessarily be obeyed in civil matters by private citizens who, by acts of obedi- ence, rendered in submission to such force, do not become responsible, as wron5_'-doors, for those acts, though not warranted by the laws of the rightful government. Actual govei-nnri-nts of this sort are established over districts dilIering greatly in extent and conditions. They are usually administered directly by military authority, but they may be administered. also, by civil authority, supported more or loss by military force. Thoriuyzton v. Smith, 8 Wall. 5. 9 19 L. Ed. 361. The term “de facio." as (in tive of a government, has no well-fixed and HEA- inire sense. It ls, perhaps. most correctly used as signifying a goverumi-rit completely, (hr,m__vh only tempor-inl_v, established in the place of the lawful or regular government, occupving its capital, and exercising its power, and which is ultimately overthrown, and the authority of the gorernniont de jure re-established. Thomas v. Taylor. 42 Miss. 651, 703. 2 Am. Iie . 625. A government do [arm is a government t at rin- lavifnll gets the possession and control of the rightfu legal government, and maintains itself there, by force and arms, against the will of such legal government, and ciaims to exercise the powers thereof. Chisholm v Coleman. 43 Ah 204, 94 Am. Dec. 677. Avid see further Smith v. Stewart. 21 La. Ann. 67. 99 Am. Dec 70‘); Willianm v. Bruffy. 96 U. S. 176, 24 L. Ed. 716; Keppel v. Railroad 00., 14 Fed. Cas. H 357.—Gavernmerit do jnre. A government of right; the true and lawful government; a government established according to the constitution of the state, and lawfiilly entitled to urognition and supremacy and the administration of the state, but which is actually cut off from power or control. A government deemed nw- ful, or deemed rightful or just which. neverthe- less, has been supplanted or dispinced; that is to say, which rcceives not presently (although it received formerly) habitual obedience from the bull: of the communiw. Aust. Jur. 324.—Loeu.l government. The government or administration of X1 particular loeaiity; especially, the governmental authority of a municipal_cor13oration, as a city or coruity. over its local and individual aifairs. exercised in virtue of power delegated to it for that purpose by the £“lPlfll gorcrnmcni: of the state or nirtion.—Mixed government. A form of government [‘L\'||bll.|‘ ing some of the features of two or all of the three primary forms. viz.. monnrclly, al'lSt0f‘l:\® K and democr:rcy.—B.epub1loa-n gave:-nmcn . One in which the p0WPi"S of sovereignty are vested in the people and are excrcised l - the people either directly, or through r ‘(V untatives chosen by the people, to vilrnm run: iv 1nw- ers are specially delegated. Black. Col---t. Law 3d Ed.) 309: In re Driican. 1-19 U. S. 449, 11

up. Ct. 573. 35 L. Ed. 219; Minor v. Happersett, 2] Wall. 175, 22 L Ed 627.

GOVERNOR. The title of the chief ex- ecutive in each of the states and territories

of the United States; and also of the chief M