The Government Class Book by Andrew W. Young

A >> Andrew W. Young >> The Government Class Book

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26

Sec.7. _Religious rights_ consist in the right of a man to make known and
maintain his religious opinions, and to worship God in that way and
manner which he believes in his conscience to be most acceptable to his
Maker. This right is called also the _right of conscience_. But in
exercising this right, a man may not abuse it by violating the rights of
others, or disturbing the peace and order of society.

Sec.8. Now, although human rights are thus divided into classes and
differently defined, they are all natural rights. It is generally held
in this country as a truth, that "all men are created equal;" that is,
born with the same rights. And if men, as social and moral beings, are
fitted by _nature_ and designed for government and laws, we conclude
that their political, civil, and religious rights, and all other rights
to which they are entitled by the law of nature, are natural rights.

Sec.9. _Liberty_ is the being free to exercise and enjoy our rights, and is
called natural, political, civil, or religious, according to the
particular class of rights referred to. Thus the exercise of rights
guarantied by the constitution or political law, is called political
liberty. The free enjoyment of rights secured by the civil or municipal
laws, is called civil liberty. And freedom of religious opinion and
worship is called religious liberty.

Sec.10. Hence liberty itself is a natural right. The words _right_ and
_liberty_, however, have not the same meaning. We may have a right to a
thing when we have not the liberty of using it. John has a pencil which
is justly his own; but James takes it from him by force. John's liberty
to enjoy the use of his pencil is lost, but his right to it remains.
James has no right to the use of the pencil, though he enjoys the use of
it.

Sec.11. This example serves also to explain further the use of the
different terms applied to rights and liberty. John's right to his
pencil, being guarantied to him by the laws of civil society, is a
_civil_ right. It is with equal propriety called a _natural_ right,
because, by the law of nature, he has a right to the use of his pencil.

Chapter III.

Laws, defined.

Sec.1. Law has been briefly defined. (Chap. 1. Sec.6.) As in the case of
rights and liberty, laws are distinguished by different names; as, the
law of nature, or natural law; the moral law; the law of revelation, or
revealed law; the political law; the civil or municipal law.

Sec.2. The _law of nature_, is of the highest possible authority, being
established by the supreme Lawgiver himself. It is called the law of
nature, because it is right in itself--right in the nature of things,
and ought to be obeyed, though no positive command had ever been given
to men. It is a perfect rule of right for all moral and social beings.
It is that eternal rule of right to which God himself conforms.

Sec.3. The law of nature, as a rule of human action, arises out of man's
relation to his Maker and to his fellow men. As a creature, he must be
subject to the laws of his Creator, on whom he is dependent. He is also
in a measure dependent upon his fellow beings. All being created equal,
each is bound by the principles of natural justice to render to others
that assistance which is necessary to make them as happy as himself, or
which they justly owe to him in return.

Sec.4. The _moral law_ is that which prescribes to men their duties to God
and to each other. As a rule of human conduct therefore, it corresponds
exactly to the law of nature. The moral law is briefly expressed in the
decalogue or ten commandments, and is still more briefly summed up in
the two great commandments, to love God with all our heart and to love
our neighbor as ourselves. God being its author, it is called the
_divine law_; and, being found in the Holy Scriptures, in which his will
is revealed to mankind, it is called the _revealed law_, or _law of
revelation_.

Sec.5. _Political law_, as has been observed, is that system or form of
fundamental rules, called the constitution, by which the people in their
political capacity, or as a body politic, agree to be governed. The
nature of this law will more clearly appear from a more particular
definition of constitution, and from a description of the manner in
which a constitution is made. (Chap. V.)

Sec.6. The word _municipal_ was used by the Romans to designate that which
related to a _municipium_, which was a free town, or city. The rights of
a citizen of such free city or town were called _municipal rights_, and
its officers were called _municipal officers_. In this country, the word
is not only used in this limited sense, but is extended to what
pertains to a state. Hence the body of laws which prescribe the duties
of the citizens of a state, are called the _municipal_ or _civil law_.
And the term is used to distinguish the laws made by the legislature, or
law-making power of the state, from the constitution, or political law,
adopted by the people in their political capacity.

Sec.7. If, as has been said, the laws of the Creator form a perfect rule of
conduct for all mankind, and ought in all cases to be obeyed, then all
human law ought to agree with the divine law. If a human law is contrary
to the divine law, or if it requires us to disobey the commands of God,
it is not binding, and should not be obeyed. So the Scriptures teach.
They speak approvingly of men who disobeyed human authority, and who
gave as the reason, that it was their duty to obey God rather than men;
and they furnish many examples of good men who submitted to severe
punishment, even to death, rather than do what they knew to be contrary
to the divine will.

Sec.8. But although the divine will as revealed in the Scriptures, is a
perfect rule or law for all mankind, and although human laws ought to
conform to the divine law, yet it would be impossible to govern the
people of a state by that law alone. The divine law is broad, and
comprehends rules to teach men their whole duty; but it does not specify
every particular act of duty. Much of it consists of general principles
to which particular acts must be made to conform. It requires men to
deal justly with each other; but men do not always agree as to what is
right. Human laws, therefore, become necessary to declare what shall be
considered just and right between man and man.

Sec.9. It may be observed, further, that all the divine precepts could not
be carried into effect in civil government. They are spiritual, and
reach to the thoughts and intents of the heart. They require us to love
our Creator supremely, and our neighbor as ourselves; in other words, to
do to others as we would that they should do to us. But as the
omniscient God only knows when men fail in these duties, no human
authority could enforce such a law. Human laws, therefore, have respect
chiefly to the outward acts of men, and are designed to regulate their
intercourse with each other.

Sec.10. Although the laws of the state can not compel men to fulfill the
great law of love, it is nevertheless morally binding upon all. A
perfectly holy Creator could consistently require of his moral and
accountable creatures nothing less than supreme love to himself, and
equal love to one another. This, as has been remarked, is in accordance
with the law of nature, which is right in the nature of things. (Chap.
III. Sec.2, 3.)

Sec.11. While the divine law accords perfectly with the principles of
natural justice, the giving of it to mankind manifests the wisdom and
benevolence of the supreme Lawgiver. Man is so formed, that it is for
his highest happiness strictly to obey this law. The generous man, in
relieving the wants of others, contributes to his own happiness. The boy
who divides an apple with his fellow, is more happy than he would be if
he retained the whole to himself. It is generally true, that, in
performing acts of kindness and charity to others, we most effectually
promote our own happiness, and feel the saying to be true, "It is more
blessed to give than to receive."

Chapter IV.

Different Forms of Government. Monarchy; Aristocracy; Democracy;
Republic.

Sec.1. Governments have existed in a great variety of forms. The earliest
governments of which we have any knowledge, are the patriarchal.
_Patriarch_, from the Greek, _pater_, father, and _arkos_, chief, or
head, means the father and ruler of a family. This kind of government
prevailed in the early ages of the world, and in a state of society in
which the people dwelt together in families or tribes, and were not yet
formed into states or nations. The patriarchal government existed before
the flood, and for a long period afterward. Abraham, Isaac, and Jacob,
the fathers of the Hebrew race, as also the sons of Jacob, the heads of
the twelve tribes, were called patriarchs.

Sec.2. After their departure from Egypt, the government of the Hebrews was
a _theocracy_. This word is from _theos_, God, and _kratos_, power, and
signifies a government by the immediate direction of God. The laws by
which they were governed were given to them on Mount Sinai by God
himself, their leader and king. This theocratic form of government, with
some changes, existed until the coming of the Messiah.

Sec.3. But the forms of government which have most prevailed, are
designated by the terms, monarchy, aristocracy, and democracy, or
republic. These words severally indicate by what persons, and in what
manner, the governing power of a state is exercised. This power is
usually called the _sovereign_, or _supreme_ power. Where kings rule,
they are called sovereign; and where the power is in the hands of the
people, the people are sovereign. In the strict sense of the term,
however, entire sovereignty, or supreme power, exists only where power
is exercised by one man, or a single body of men, uncontrolled or
unrestrained by laws or by any other power. But in a more general sense,
it is that power in a state which is superior to all other powers within
the same.

Sec.4. A form of government in which the supreme power is in the hands of
one person, is called a monarchy. The word _monarch_ is from two Greek
words, _monos_ sole or only, and _arkos_, a chief; and is a general name
for a single ruler, whether he is called king, emperor, or prince. A
government in which all power resides in or proceeds from one person, is
an _absolute_ monarchy. If the power of the monarch is restrained by
laws or by some other power, it is called a _limited_ monarchy.

Sec.5. A monarchy is called _hereditary_ in which the throne passes from
father to son, or from the monarch to his successor, by inheritance. On
the death of a sovereign, the eldest son is usually heir to the crown;
or if there is no son, it falls to the daughter, or some other relative.
A monarchy is _elective_, where, on the death of the ruler, his
successor is appointed by an election. A few such monarchies have
existed.

Sec.6. An absolute monarchy is sometimes called _despotism_. The word
_despot_ is from the Greek, and means _master_, or _lord_. It has nearly
the same meaning as _tyrant_, which also is from the Greek, and
signifies _king_. These words at first meant simply a single ruler. They
are now applied, for the most part, to rulers who exercise authority
over their subjects with severity. In an absolute despotism, the monarch
has entire control over his subjects. They have no law but the will of
the ruler, who has at command a large force of armed men to keep his
people in subjection. The governments of Russia and Turkey are highly
despotic.

Sec.7. An _aristocracy_ is a form of government in which the power is
exercised by a privileged order of men, distinguished for their rank and
wealth. The word _aristocracy_ is from the Greek word _aristos_, best,
and _kratos_, power, or _krateo_, to govern; and means a government of
the best. It is also used for the nobility of a country under a
monarchical government. _Nobles_ are persons of rank above the common
people, and bear some title of honor. The titles of the English nobility
are those of duke, marquis, earl, viscount, and baron. These titles are
hereditary, being derived from birth. In some cases they are conferred
upon persons by the king.

Sec.8. A _democracy_ is a government of the people; the word democracy
being from the Greek _demos_, the people, and _krateo_, to govern. In a
government purely democratic, the great body of freemen meet in one
assembly to make and execute the laws. There were some such governments
in ancient Greece; but they necessarily comprised small territories,
scarcely more than a single town. The freemen of a state could not all
meet in a single assembly.

Sec.9. The government of this country, though a government of the people,
is not one of the kind just described; it is a republic. A _republic_ is
a government in which the power to enact and execute the laws is
exercised by representatives, who are persons elected by the people to
act for them. Yet, as not only the election of representatives, but the
adoption of the constitution or form of government itself is the act of
the people; and as, therefore, all power comes from the people, the
government is also democratic; and is properly called a _democratic
republic_, or a _representative democracy_.

Sec.10. A republic is sometimes also called a _commonwealth_. _Common_
signifies general, and is applied to what belongs to or is used by the
people generally. _Weal_ means welfare or happiness. _Wealth_ also was
formerly sometimes used for weal. Hence _commonwealth_ means strictly
the _common good_, or the _common happiness_. In a general sense it
signifies a state; but it is properly applied to a free state, one in
which the people enjoy common rights and privileges. Hence every state
in the union is a commonwealth or republic.

State Governments.

Chapter V.

The Nature and Objects of a Constitution, and the Manner in which it is
made.

Sec.1. Of all the different forms of government which have existed, a
republican government, on the plan of that which has been established in
this country, is believed to be best adapted to secure the liberties of
a people, and to promote the general welfare. Under the reign of a wise
and virtuous ruler, the rights of person and property may be fully
enjoyed, and the people may be in a good degree prosperous. But the
requisite virtue and wisdom have seldom been found in any one man or a
few men. And experience has proved that the objects of civil government
may be best secured by a written constitution founded upon the will or
consent of the people.

Sec.2. The word _constitute_ is from the Latin, and signifies _to set_, to
fix, to establish. _Constitution_, when used in a political sense, means
the established form of government of a state. In a free government,
like ours, it is properly called the _political law_, being established
by the people as a body politic, or political body. (Chap. III,
Sec.5.) It is also called the _fundamental law_, because it is the
_foundation_ of all other laws of the state, which are enacted by the
legislature for regulating intercourse between the citizens, and are
called the _municipal_ or _civil_ law, and must conform to the
fundamental, or political law.

Sec.3. A constitution is in the nature of an agreement between a whole
community or body politic and each of its members. This agreement or
contract implies, that each one binds himself to the whole, and the
whole bind themselves to each one, that all shall be governed by certain
laws and regulations for the common good.

Sec.4. The nature of a constitution will further appear from the manner in
which it is made. It is evident that a people, in establishing a
constitution, must have some right or authority to act in the business.
Whence this right is derived, we will not now stop to inquire. There is,
however, somewhere power to enact a law authorizing the people to make a
constitution and prescribing the manner in which it is to be made.

Sec.5. In forming a constitution, the people must act collectively. But
their number is too large to meet in a single assembly. Therefore they
choose a small number to act for them. One or more are chosen in each
county, or smaller district, and are called delegates. A _delegate_ is a
person appointed by another with power to transact business as his
representative. The assembly composed of the delegates so elected, is
called _convention_; a name given to most public meetings other than
legislative assemblies. Delegate and representative are words of nearly
the same meaning. The latter, however, usually designates a person
chosen to assist in making the laws of the state.

Sec.6. The rules agreed upon by the convention as a basis of government,
are arranged in proper form. The several portions relating to the
different subjects are called articles, and numbered; and the articles
are divided into sections, which also are numbered. But what has been
thus prepared by the convention is not yet a constitution. It is only a
draft of one, and can not become a constitution without the consent of
the people to be given at an election. If a majority of the persons
voting at such election vote in favor of the proposed constitution, it
is adopted, and becomes the constitution of the state.

Sec.7. One of the most valuable rights of the people under a free
government, is the right to have a constitution of their own choice.
Indeed it is in this right that their freedom principally consists. It
is by the constitution that their rights are secured. All the people
join in establishing the constitution; but they do not all unite in
making and executing the laws; in other words, they do not themselves
administer the government; this is done by their representatives. But if
these should enact unjust and oppressive laws; the people, having by
their constitution reserved the right to displace them, may do so by
electing others in their stead.

Sec.8. In an absolute monarchy the people have no political rights--the
right to establish a form of government for themselves, and the right to
elect those who are to make and administer the laws. The monarch has
entire control over his subjects. He can take their lives and property
when he pleases. His will is their law; and he has at command a large
force of armed men to keep his people in subjection.

Sec.9. In a limited monarchy, the people have some political rights. Such a
monarchy is Great Britain. The king or sovereign is in a measure
restrained by laws; and he can not make laws alone. The laws are framed
and agreed to by parliament, and must be approved by the king or queen.
Parliament consists of two bodies of men, the house of lords and the
house of commons. The members of the latter are elected by the people,
who, in such election, exercise a political right.

Sec.10. But the political right of establishing a constitution or form of
government, is not enjoyed by the people of that country. They have no
written instrument, like ours, called constitution, adopted by the
people. What is there called the constitution, is the aggregate or sum
of laws, principles, and customs, which have been formed in the course
of centuries. There is therefore no restraint upon the power of
parliament; hence no law which may be enacted is contrary to the
constitution; and the people have not the same security against the
enactment of unjust laws as the people of the United States.

Chapter VI.

Qualifications of Electors; or, by whom Political Power is exercised in
the States of this Union.

Sec.1. One of the first provisions usually inserted in a constitution of a
free state, is that which declares who shall be allowed to take a part
in the government; that is, to whom the political power shall be
intrusted. As this power is exercised by voting at elections, the
constitution very properly prescribes the qualifications of electors,
or, in other words, declares what shall be necessary to entitle a man to
the right of voting, or the right of suffrage. When, therefore, we speak
of the people politically, we mean those only who are qualified
electors.

Sec.2. To be competent to exercise the right of suffrage, a person must be
a freeman, or, as we sometimes say, he should be his own master. While
under the control of a parent or guardian, he might be constrained to
act contrary to his own judgment. All our state constitutions,
therefore, give this right only to free male citizens of the age of
twenty-one years and upwards; twenty-one years being the age at which
young men become free to act for themselves.

Sec.3. But even if this freedom were obtained at an earlier age, it would
not be expedient to bestow this right upon persons so young. They have
not the necessary knowledge and judgment to act with discretion. Some
are competent at an earlier age; but a constitution can make no
distinction between citizens. It has therefore, in accordance with the
general opinion, fixed the time at the age of twenty-one, when men shall
be deemed capable of exercising the rights and performing the duties of
freemen.

Sec.4. That a man may vote understandingly, he must have resided long
enough in the state to have become acquainted with its government and
laws, and to have learned the character and qualifications of the
persons for whom he votes. State constitutions therefore require, that
electors shall have resided in the state for a specified period of time,
varying, however, in the different states from three months to two
years. In most of the states, they must also have resided for some
months in the county or district, and be residents of the town in which
they offer to vote.

Sec.5. But in giving the right of suffrage to all free male citizens
twenty-one years of age, it is not given to every _man_, because all
_men_ of that age are not citizens. Persons born in foreign countries
and residing here are _aliens_, and are not entitled to the political
rights of persons born in this country. They are presumed to have too
little knowledge of our government, and to feel too little interest in
public affairs, on their first coming hither, to be duly qualified for
the exercise of political power. Laws, however, have been enacted for
naturalizing aliens after they shall have resided here long enough to
become acquainted with and attached to our government. By naturalization
they become citizens, entitled to all the privileges of native or
natural born citizens, (Chap. XXXIV, Sec.3, 4.)

Sec.6. The constitutions of most of the states confer the rights of an
elector on _white_ male citizens only. Maine, New Hampshire, Vermont,
Massachusetts, and Rhode Island, are the only states in which colored
men have the same electoral rights as white citizens. In New York, men
of color owning a freehold estate (an estate in lands) of the value of
$250, are qualified voters.

Sec.7. It is provided also in state constitutions, that electors committing
infamous crimes are disfranchised. _Franchise_ is a right or privilege
enjoyed by the citizens of a state. Hence the right of voting at
elections is called the _elective franchise_; and an elector, when
deprived of this privilege, is _disfranchised_. An _infamous crime_ is
one which is punishable by imprisonment in a state prison. Men guilty of
high crimes are deemed unfit to be intrusted with so important a duty as
that of electing the persons who are to make and execute the laws of the
state. It is provided, however, that if such persons are pardoned before
the expiration of the term for which they were sentenced to be
imprisoned, their forfeited rights are restored.

Sec.8. By the earliest constitutions of many of the old states, electors
were required to own property, or to have paid rents or taxes, to a
certain amount. In the election of the higher officers, freeholders only
were entitled to vote. A _freeholder_ is an owner of real estate,
(property in lands,) which he holds in his own right, and may transmit
to his heirs. In the constitutions of the newer states, property has not
been made a qualification of an elector; and in the amended
constitutions of the old states this restriction upon the elective
franchise has been removed, until it has nearly ceased to exist in the
United States. It is now enjoyed by all white male freemen, with few
exceptions, in almost every state of the Union.

Chapter VII.

Elections.

Sec.1. For the convenient exercise of political power, as well as for the
purposes of government generally, the territory of a state is divided
into districts of small extent. It has been remarked, that the people of
a state, being too numerous to meet in one assembly to make laws and
transact the public business, elect a small number to represent them.
But to elect these representatives and other officers, and to adopt the
constitution, or fundamental law of the state, are political duties,
which must be performed by the people in person, and in a _collective_
capacity. Hence the necessity of small territorial divisions, in which
the people may assemble for political purposes.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26