government

Government is not partly public or partly private, depending upon the governmental pedigree of the type of a particular activity or the manner in which the Government conducts it.

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1. The regulation, restraint, supervision or control which is exercised upon the individual members of an organized jural society by those invested with the supreme political authority, for the good and welfare of the body politic; or the act of exercising supreme political power or control.
2. The system of polity in a state; that form of fundamental rules and principles by which 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 governments."
4. The sovereign or supreme power in a sinte or nation.
5. The machinery by which the sovereign power in a state expresses its will and exercises its functions ; or the framework of political institutions, departments, and offices, by means of which the executive, judicial, legislative, and administrative business of the state is carried on.
6. The whole class or body of office-holders 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."

— Federal government. The government of the United States of America, as distinguished from the governments of the several states.

— Government annuities societies. These societies are formed in England under 3 & 4 Wm. IV. c. 14, to enable the industrious classes to make provisions for themselves by purchasing, on advantageous terms, a government annuity for life or term of years. By 16 & 17 Viet. c. 45, this act, as well as. 7 & 8 Viet, c. 83, amending it, were repealed, and the whole law in relation to the purchase of government annuities, through the medium of savings banks, was consolidated. And by 27 & 28 Viet. c. 43, additional facilities were afforded for the purchase of such annuities, and for assuring payments of money on death. Wharton.

— Government de faeto. A government of fact. A government actually exercising power and control in the state, as opposed to the true and lawful government; a government not established according to the constitution of the state, or not lawfully entitled to recognition or supremacy, but which has nevertheless supplanted or displaced the government de jure. A government deemed unlawful, or deemed wrongful or nnjust, which, nevertheless, receives presently habitual obedience from the bulk of the community. Aust. Jur. 324. There are several degrees of what is calied "de faeto government." inch a government, in its highest degree, assumes a character very closely resembling that of a lawful government This is when the usurping government expels the regular authorities from their customary seats and functions, and establishes itself in their place, and so becomes the actual government of a country. The distinguishing characteristic of such a government is that adherents to it in war against the government de jure 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 de jure when restored. But there is another description of government, called also by publicists a "government de facto," but which might, perhaps, be more aptly denominated a "government of paramount force." Its distinguishing characteristics are
(1) that its existence is maintained by active military power, within the territories, and against the rightful authority, of an established and lawful government; and
(2) that, while it exists, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience, rendered in submission to such force, do not become responsible, as wrong-doers, for those acts, though not warranted by the laws of the rightful government. Actual governments of this sort are established over districts differing 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 less by military force. Thorington v. Smith, 8 Wall. 8, 9, 19 L. Ed. 361. The term "de facto," as descriptive of a government, has no well-fixed and definite sense. It is, perhaps, most correctly used as signifying a government completely, though only temporarily, established in the place of the lawful or regular government, occupying its capitol, and exercising its power, and which is ultimately overthrown, and the authority of the government de jure re-established. Thomas v. Taylor, 42 Miss. 651, 703, 2 Am. Rep. 625. A government de facto is a government that unlawfully gets the possession and control of the rightful legal government, and maintains itself there, by force and arms, against the will of such legal government, and claims to exercise the powers thereof. Chisholm v. Coleman, 43 Ala. 204, 94 Am. Dec. 677. And see further Smith v. Stewart, 21 La. Ann. 67, 99 Am. Dec. 709; Williams v. Bruffy, 96 U. S. 176, 24 Lu Eld. 716 ; Keppel v. Railroad Co.., 14 Fed. Cas. 357

— Government de jure. A government of right; the true and lawful government; a government established according to the constitution of the state, and lawfully entitled to recognition and supremacy and the administration of the state, but which is actually cut off from power or control. A government deemed lawful, or deemed rightful or just, which, nevertheless, has been supplanted or displaced; that is to say, which receives not presently (although it received formerly) habitual obedience from the bulk of the community. Aust. Jur. 324

— Local government. The government or administration of a particular locality; especially, the governmental authority of a municipal corporation, as a city or county, over its local and individual affairs, exercised in virfue of power delegated to it for that purpose by the general government of the state or nation.

— Mixed government. A form of government combining some of the features of two or ali of the three primary forms, viz., monarchy, aristocracy, and democracy.

— Republican government. One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated. Black, Const. Law (3d Ed.) 309; In re Duncan, 139 U. S. 449, 11 Sup. Ct. 573, 35 L. Eld. 219; Minor v. Hap-persett, 21 Wall. 175, 22 In Ed. 627.

1. The regulation, re- SST straint, supervision, or control which is exercised upon the individual members of an organized jural society by those invested with the supreme politiea! authority, for the good «nd welfare of the body politie; or the act of exercising supreme political power or control. 2. The system of polity in astate; that form of fandamental rules and principles by which 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 aud pubiie oificers are prescribed and defined, as a monarchical government, & republican government, ete. Webster. 3. Anempiro, kingdom, state, or independent political community; as in the phrase, “Compacts between independent governmeuts.” 4, The sovereign or supreme power in a state or nation. 5, The machinery by which the sovereign power in a state expresses its will and exerby means of which the executive, judicial, legislative, and adininistrative business of the state is carried on. 6. The whele class or body of office-holders 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 ils representatives, considered as the prosecutor in a criminal action; as in the phrase, “the government objects to the witness.” We understand, in modern political science, by “state,” in its widest sense, an independent society, acknowledging no superior, aud by the term “vovernment, ” that institution or aggregate of institutions by which that socicty makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of pre seribing them. “Government” is the aggregate of authorities which ruleasociety. By “administration,” again, we understand in modern times, and especially in more or less free countri¢s, the aggregate of those persons in whose hands the reins of government are for the time being, (the chief ministers or heads of departments.) But the terms “state,” “government,” and “adminis Lration” ure not always used in their strictness. The government of astate being its most prominent feature, which is most readily perceived, “government” hus frequently been used for “state;” and the publicists of the last century almost always used the term “government,” or “form of government,” when they discussed the different political societies orstutes On theother band, “government” is often uscd, to this day, for ‘administration, ” in the sense in which it has been explained. Louvier. GOVERNMENT AWNNUITIES SO-

natural and political law, is the manner in which sovereignty is exercised in each state. ‘There are three simple forms of government, the democratic, the aristocratic and the monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is intrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.