Blacks Law Dict. 1st ed

FEDERAL GOVERNMENT

480

FEAL

received this name from the feddies, (q. «.,) who were charged with its administration. FECIALES. Among the ancient Ro mans, that order of piiests who discharged the duties of ambassadors. Subsequently their duties appear to have related more par ticularly to the declaring war and peace. Calvin.; 1 Kent, Coram. 6. FEDERAL. In constitutional law. A term commonly used to express a league or compact between two or more states. In American law. Belonging to the general government or union of the states. Founded on or organized under the consti tution or laws of the United States. The United States has been generally styled, la American political and judicial writings, a "fed eral government.'' The term has not been im posed by any specific constitutional authority, but only expresses the general sense and opinion upop the nature of the form of government. In recem. years, there is observable a disposition to employ the term u national" in speaking of the government of the Union. Neither word settles anything as to the nature or powers of the government. "Fed eral" is somewhat more appropriate if the govern ment is considered a union of the states; "nation al" is preferable if the view is adopted that the state governments and the Union are two distinct systems, each established by the people directly, one for local and the other for national purposes. See 92 U. S. 542; Abbott FEDERAL GOVERNMENT. The system of government administered in a state formed by the union or confederation of several independent or quasi independ ent states; also the composite state so formed. In strict usage, there is a distinction be tween a confederation and a, federal govern ment. The former term denotes a league or permanent alliance between several states, each of which is fully sovereign and in dependent, and each of which retains its full dignity, organization, and sovereignty, though yielding to the central authority a controlling powerfor a few limited purposes, such as external and diplomatic relations. In this case, the component states are the units, with respect to the confederation, and the central government acts upon them, not upon the individual citizens. In a federal government, on the other hand, the allied states form a union,—not, indeed, to such an extent as to destroy their separate organ ization or deprive them of quasi sovereignty with respect to the administration of their purely local concerns, but so that the central power is erected into a true state or nation, possessing sovereignty both external and in

FEAL. Faithful. Tenants by knight service swore to their lords to be feal and leal; i. «., faithful and loyal. FEAL AND DIVOT. A right in Scot land, similar to the right of turbary in Eng land, for fuel, etc. FEALTY. In feudal law. Fidelity; al legiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedi ence and service. Fealty signifiesfidelity,thephrase " feal and leal" meaning simply u faithful and loyal." Tenants by knights' service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords; and fealty was one of the conditions of their tenure, the breach of which operated • forfeiture of their estates. Brown. Although foreign jurists consider fealty and homage as convertible terms, because in some con tinental countries they are blended so as to form one engagement, yet they are not to be confounded in our country, for they do not imply the same thing, twmage being the acknowledgment of ten ure, and fealty, the vassal oath of fidelity, being the essential feudal bond, and the animating prin ciple of a feud, without which it could not subsist. Wharton. FEAR. Apprehension of harm. Apprehension of harm or punishment, as exhibited by outward and visible marks of emotion. An evidence of guilt in certain cases. See Burril, Circ. Ev. 476. FEASANCE. A doing; the doing of an act. A making; the making of an indenture, release, or obligation. Litt. § 371; Dyer, (Fr. Ed.) 566. The making of a statute. Keilw. 16. FEASANT. Doing, or making. FEASOB. Doer; maker. Feasors del statute, makers of the statute. Dyer, 3b. FEASTS. Certain established festivals or holidays in the ecclesiastical calendar. These days were anciently used as the dates of legal instruments, and in England the quar ter-days, for paying rent, are four feast-days. The terms of the courts, in England, before 1875, were fixed to begin on certain days determined with reference to the occurrence «f four of the chief feasts. FECIAL LAW. The nearest approach to a system of international law known to the an cient world. It was a branch of Roman ju risprudence, concerned with embassies, dec larations of -war, and treaties of peace. It

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