Civil

This word has various s. 4, provides, that the president, significations.

1.

It is used in con- vice president, and all civil officers tradistinction to barbarous or sav- of the United States, shal] be reage, to indicate a state of society re- moved from office on impeachment duced to order and regular govern- for, and conviction of, treason, briment; thus we speak of civil life, bery, or other high crimes and miscivil society, civil government and demeanors. By this term are incivil liberty.

2.

It is sometimes cluded all officers of the United used in contradistinction to criminal, States who hold their appointments to indicate the private rights and under the national government, remedies of men, as members of the whether their duties are executive community, in contrast to those, or judicial, in the highest or the which are public and relate to the lowest departments of the governgovernment; thus we speak of civil ment, with the exception of officers process and criminal process, civil of the army and navy. Rawle on jurisdiction and criminal jurisdiction.

Const. 213; 2 Story, Const. § 790; 3.

It is also used in contradistinction a senator of the United States, it to military or ecclesiastical, to natu- was decided, was not a civil officer, ral or foreign; thus we speak of a within the meaning of this clause in Appx. 57, 58; Rawle, Const. 213; Serg. on Const. Law, 376; Story, Const. ) 791. ‘CIVIL REMEDY, practice; this term is used in opposition to the remedy given by indictment in a criminal case, and signifies the remedy which the law gives to the party against the offender. In cases of treason and felony, the law, for wise purposes, suspends this remedy in order to promote the public interest, until the wrongdoer shall have been prosecuted for the public wrong. 12 East, 409; R. T. H. 359; 1 Hale’s P. C. 546; 2 T. R. 751, 756; 17 Ves. 329; 4 Bl. Com. 363; Bac. Ab. Trespass, E 2; and Trover, D. This is the principle of the common law; it has been adopted in New Hampshire. N. H. Rep. 239; it has been changed in New York by statutory provision, 2 Rev. Stat. 292, § 2, and by decisions in Massachusetts, except perhaps in felonics punishabte with death, 15 Mass. R. 333; in Ohio, 4 Ohio R. 377; in North Carolina, 1 Tayl. R. 58. By the common law, in cases of homicide, the civil remedy is merged in the felony.

1 Chit. Pr. 10.

Vide art. Injuries, Merger.