A Manual of American Ideas by Caspar Thomas Hopkins
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Title:A manual of American ideas.

Author:Hopkins, Caspar Thomas, 1816-1893.

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Print Source:A manual of American ideas.

Hopkins, Caspar Thomas, 1816-1893.

iii, [5]-320 p. front. (fold. chart.) diagr. 18 cm.

San Francisco,

Printed for the author,

1872.

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RECOMMENDATIONS. From Rev. L. Hamilton, of Oakland. OAKLAND, MARCH 23D, 1872. REV. H. DURANT, President University Califorria: DEAR SIR.-I have examined the manuscript of Mr. Hopkins’ book, concerning which you spoke to me, with some care. To say that I have been pleased with it, would not express my estimate. I fully believe it will prove the most important contribution to our educational literature that has been made in many a year. Its idea is original, its field new. It will, if adopted, open a new branch of education in our schools, than which none is more needful to the youth of our country. The work is thoroughly done. It is methodical in its arrangement, transparently simple in style (as a school book ought to be) and seems to me well nigh exhaustive of the subject. It is no dry skeleton of principles like Duer’s “Outlines of the Constitution,” or detailed commentary on them like Dr. Young’s “Civil Government.” While it is quite as systematic as the former, it is much more comprehensive than either, and infinitely better adapted to the tastes and intelligence of youth. It is made to glow with interest. It traces the history of our civil institutions, and makes us realize more vividly what they are, by letting us see out of what they grew, and how they came to be what they are. The contrast between our government and those of the old world, which is kept before the reader throughout the work, is an invaluable feature. It gives a broader view of the subject, and greatly stimulates the desire for those historical studies in which the American system finds one of its strongest recommendations. Many will, doubtless, differ from the author on several points: but I think they will find no cause to complain of a partisan presentation of his views. The partisan-the author’s individuality-are 1 I

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RECOMMENDA TIONS. lost sight of in his intense enthusiasm for liberty.

With that the whole book is throbbingly alive. It must kindle a like spirit in the scholar who studies it. It is a timely book. Our country needs it. Nothing that I have ever seen is so well adapted to kindle an earnest love in the young for our system of government, or to give them a more intelligent appreciation of both its blessings, and the dangers that threaten its stability. I hope it will receive the imprimature not only of the Faculty anr Regents of our own State University, but of every like body of men, and of every State Board of Education in our country. I trust that it maysoon be doing its good work in our schools of every grade, and become the vade mecum of every student. Truly yours, L. HAMILTON, Pastor First Independent Presb. Church, Oakland. Prom James Denman, Esq., Principal of the Denman School and Ex-Superintendent of Public Institution, San ]Fran cisco. SAN FRANCISCO, FEBRUARY 12TH, 1872. a. T.

HOPKINs, ESQ.: DEAR SIR.-I have carefully examined the manuscript of your work on American Ideas, and take great pleasure in recommending it to the favorable consideration of teachers and school officers, as a most valuable and instructive text-book, which should be used in every public and private school in our country. It is decidedly a new and important work: one which has long been needed in our American schools, to teach our youth the true principles of republican institutions, and inculcate in their youthful minds and hearts a love of liberty and patriotism. While it ably treats of the varied rights and complex duties of every citizen under our constitution and laws, yet the style is so simple as to be instructive and interesting even to the youth of our Grammar Schools. Hoping you will meet with that success in your new undertaking to which the merits of your deserving work entitle you, I remain with much respect, Yours truly, JAMES

DENMAN. ii

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RECOMMENDATIONS. FProm Ex-Governor Haight SAN FRANCISCO, APRIL 6TH, 1872.

C. T. HOPKINS, Esq.: DEAR SIR.-I have read with interest your work upon the principles of free government, designed for the use of schools and academies in the United States. I have long thought it very desirable that more attention should be paid to instructing boys and young men in those elementary principles which lie at the foundation of our American system, which cc.stitute its vital spirit, and distinguish it from the political system of the Old World. This want your work is well calculated to supply; and I believe its general use in educational institutions in this country would be of great service in what is certainly one of the most important departments of knowledge. Without some progress in this, there can be no intelligent discharge of the duties of citizenship. Your statement of political and legal principles is clear and concise, and no boy or young man can study the book without a truer insight into the nature of our institutions, and a more profound appreciation of their priceless value. I trust it may come into general use in our schools. Very truly yours, H. H.

HAIGHT. iii

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1-1

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(C#ARr_Ore) PORIZG‘0 OVA LT

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A MANUAL OF AMERICAN IDEAS. Fo) 3[6X DESIGNED 1st. For the Use of Schools.

2d. For the Instruction of Foretgners seeking Naturalization. 3d. For the -Use of Voters. BY CASPAR T. HOPKINS, M. A. “Thou shalt teach them diligently unto thy children, and thou shalt talk of them when thou sittest in thine house, and when thou walkest by the way, and when thou liest down, and when thou risest up.” “And thou shalt bind them for a sign upon thine hand, and they shall be as frontlets between thine eyes.”-Deut.

vi: 7, 8. SAN FRANCISCO: PRINTED FOR THE AUTHOR. 1872.

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j. Entered according to Act of Congress, in the year 1872, by CASPAR T.

HOPKINS, in the office of the Librarian of Congress at Washington. Right of Translation reserved. BACON & COMPANY, PRINTERS, 536 CLAY ST., SAN

FRANCISCO.

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0-4 G4 DEDICATION. JO THE TUE JDEA OF %MERICAN LIBERTY An idea not born of race, not nurtured by prejudice, not limited by seas and mountains, nor fettered by language;-a thought not suggestive of hereditary feuds, nor prone to slaughter the grandchildren of sires, who, in times past, struggled with our ancestors;-but an idea born of nature and revelation, educated by the intuitions of common sense, unlimited as the brotherhood of manl, inseparable from the highest forms of civilization;-a thought which, germinating in the souls of a few, has made our country what it is, and if carefully cultured in the minds of the multitude, will blossom and bear forever the golden fruits of peace, charity, and good will to menl,-this little work is Reverently inscribed, by THE AUTHOR. ) ‘I

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I I

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CONTENTS. AGEE. 7 13 18 19 25 33

DEDICATION…………………………………………

PREFACE………………………………………….. To TEACHERS………………………………………. INTRODUCTION, Chapter I……………………………… INTRODUCTION, Chapter II……………………………… CLASSIFICATION OF

IDEAS……………………………… PART I. POLITICAL IDEAS. LESSON.

I. Of Political Liberty and Equality……………… II. Of Law………………………………….. III. Of Government by and for the People……………. IV. Of Constitutional Government…………………. V. Of Checks and Balances in the Government……….. VI. Of the Precedents of the several Governments……… VII. Of Representation………………………….

VIII. Of Free and Public Opinion…………………… IX. Of Free Speech, Free Press, and Free Assembly…… X. Of Free Communication……………………… XI. Of Free Association…………………………. XII. Of the Rights of Petition and Instruction…………. XIII. Of Freedom of Conscience……………………. XIV. Of Education by the State, No.

I……………… XV. Of Education by the State, No.

II………………. XVI. Of the Government of the Majority……………… 35 44 50 156 64 74 78 87 94 102 108 115 118 127

134 141

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PAGE. Of the Ballot……………………………… 147 Of Universal Suffrage and Naturalization…………. 153 Of No Taxation without Representation………….. 161 Of the Subordination of the Military to the Civil Power, No. I………………………………… 168 Of the same, No. II…………………………. 176 Of the Foreign Policy of the United States……….. 180 Of Aristocracy, No.

I………………………… 187 Of the same, No.

II…………………………. 193 Of Political Parties…………………………. 201 PART II. LEGAL IDEAS. Of Crimes and Punishments…………………… 210 Of the Rights of Accused Persons, No. I…………. 217 Of the same, No.

II…………………………. 221 Of the same, No.

III………………………… 227 Of European Criminal Practice…………………. 234 Of Habeas Corpus………………………….. 238 Of Treason and its Punishment……………….. 242 Of

Impeachment………………………….. 249 Of the Rights of Property…………………….. 253 Of Bankruptcy, and Homestead Exemption……….. 258 Of Monopolies and Perpetuities………………… 262 Of Private Property taken for Public Use……..:…… 267 PART III. THE DUTIES OF THE AMERICAN CITIZEN.

LECTURE. PAGE. I. Of Earning a Living-of the Dignity of Labor………….

273 II. Of Obedience to the Laws, Respect for Religion, Personal In dependence, Voting…………………………. 279 III. Of the Choice of Candidates for Office, Jury Duty, Home…. 284 IV. Of the Universal Brotherhood of Man, Progress………… 289 V. Of Loyalty……………………………………. 294 American Political Creed………………………… 297 CONTENTS. 10 LESSON. XVII. XVIII.

XIx. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. XXVIII. XXIX. XXX.

XXXI. XXXII. XXXIII. XXXIV. XXXV. XXXVI. XXXVII.

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AME CAQ JDEAS.

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PREFACE. Had the children of the South been always educated in the same school of political and social thought as the children of the North, the civil war of I86I could not have occurred. Were the children of all citizens, whether native or foreign born, alike instructed in American principles, no apprehension for the integrity or perpetuity of the American system would disturb the reflections of the patriot. But with the ballot in the hands of every man, and the destinies of the country committed to the control of the majority-be that majority native or foreign, educated or ignorant, liberal or prejudiced, black or white, Republican or Democratic-are we sure of either the integrity or perpetuity of our institutions, unless the princibles which underlie them are brought home to the conscious knowledge of the masses of the people? Yet, what have we hitherto accomplished in popular political education? Grant that Story, Kent, Lieber, DeTocqueville, Duer, Bancroft, and many other able minds, have exhausted research in their learned addresses to the educated; how many of all who wield the ballot have read their works, or are capable of understanding them? Grant that the newspaper, the court-room, the political convention, the public meeting, the stump speech, the fourth of July oration, are continually refracting some detached ray from the American system of thought; does the popular eye learn from these disconnected and often distorted glimpses, to take in the full blaze of light which streams from the constellation of American ideas? Does the limited reading of the con 2 I

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PREFA CE. densed history of our country, in the text books used in our public schools, give any adequate conception of the differences pervading our whole political and’legal fabric as compared with those from which it was eliminated? And how generally has the light of patriotism been dimmed or altogether hidden by the clouds of ignorance, prejudice, sectionalism, and above all, of party spirit! In the South, how slight must have been the popular appreciation of the fundamental principles of personal liberty, equality, free speech, free press, free assembly, free communication, free education, the dignity of labor, progress, and even loyalty, when all of these ideas were supplanted by theories suggested in the interests of a slaveholding aristocracy, and therefore utterly subversive of the whole American system! And in the North, how feeble the attachment to our “intellectual system of government” among those multitudes who, appreciating perhaps the form but not the spirit of our institutions, opposed by every means in their power all measures intended for the suppression of that rebellion whose success would have sounded the knell of American ideas! Reading but little of history, preoccupied by the cares of life, misled by a partisan and often vicious newspaper press, misinformed by designing demagogues, conscious of the ills they bear, but regardless of others they know not of, how often do large masses of our citizens exhibit their indifference to the vital ideas of our system, their exaltation of party above country, their preference of sectarian to national principles, their willingness in fact to barter their great inheritance for any mess of pottage commended to their temporary or fancied needs by the corrupt hands of traitors to American thought! Such reflections as these, recurring at every election campaign during many years, have induced the following attempt so to collate and explain the salient points of our system, as to bring them within the comprehension of the youth of our public schools, and furnish the immigrant with a correct idea of what it means to become an American citizen. The plan of the book differs from that of all other works on the subject that I have been able to find. It differs in its object, which 14

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PREFA CE. is to explain the principles actuating the existing American order, rather than to state that order. It differs in its method, which is designed to interest the learner, not only by the use of a familiar and almost colloquial style, but by the arrangement and division of the topics on an original plan: by appeals to his own common sense, by reference to the laws of nature, and by quotations from the Bible. For the latter, I shall not insult the intelligent reader by offering an apology. I have sought to give “the truth, the whole truth, and nothing but the truth.” As a treatise on natural philosophy would be of little value should it omit to treat of the law of gravitation, so would a work on American ideas be radically defective if the Christianity which interpenetrates them were ignored. Europe unites the state with the externals of religion-America owes the state to its spirit. By plain statements of propositions, of the arguments proving them, and oftheir counterparts in the old European principles of government, I have endeavored to pave the way for that examination of the forms of our constitution and laws, (so ably analyzed in Townsend’s, Sullivan’s, Sheppard’s and Mansfield’s text books) which will be a more appetizing study after American principles have been impressed on the understanding. And this work aims to rouse the mind, whether of the youth, the foreigner or the native voter, to an intelligent attachment to ,4American ideas, and thereby-should it be so fortunate as to attain a reasonable circulation-to do something to forestall in the future such terrible conflicts of opinion, as in the past have so nearly wrecked the ship of state among the breakers of party warfare. During the years whose few spare crumbs of time, fallen from the tables of business and family care, have been all I could devote to this labor, I have noticed in the daily press an occasional call for a school book that would instruct our youth in the elements of patriotism. Even in our higher seminaries, little or nothing is taught bearing upon the future status of the pupils as leaders of American opinion. Said Governor Haight, speaking as President of the Board of Regents of the University of California, in his Commencement Address for 187: “A lack in American colleges is the imperfect instruction imparted to 15

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PREFACE. students, in the origin and formation of our complex system of government, the philosophy of the distribution of powers and of jurisdiction, the limitations of power, the proper sphere and province of government, and the rights and duties of majorities and minorities: subjects of which no educated mind should be ignorant.” The lack mentioned by the Governor is not attributable to the want of text-books, for there are many works written by experienced thinkers for the use of the higher seminaries. But if, nevertheless, this most important of all branches of education is neglected in the universities, what shall we say of the great mass of the common youth who never reach the college, and for whose use no text-book discussing anything more than the dry details of the Federal Constitution has yet been prepared? How are these youth to learn the rights and duties of citizenship? Who teaches them why a republic is preferable to a monarchy, or to place any value on the inestimable worth of free institutions? Indeed, can it be said that the mass of teachers in the public schools themselves know anything clearly about American ideas?

How many voters are there-not only voters, but professed politicians, perhaps legislators, party leaders and editors-who, so far as accurate information on this subject is concerned, are but blind leaders of the blind! It is time, now that nearly a century of unrivaled progress and stability has crystallized the once bold theories of our original American thinkers into the highest known development of political and social science, that those theories should be taught everywhere, by all, and on all suitable occasions. It is time, now that the original American stock is fast losing itself in the perennially increasing tide of European immigration, that we should realize that it is not the pedigree but the thoughts of the man which make him an American. It is time, now that hydra-headed corruption consequent on wealth and luxury, and the influx of a preponderating foreign population, have in some places sunk our ancient principles almost out of sight, that we raise again the old standards before the eyes of all the people. It is now, during the peace which has succeeded the last arming of partisan hosts, and ere sectional or sectarian rancor can again don the armor of treason, that 16

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PREFACE.F omogeneity among the serried s hereafter teach our children a necessary condition to life, i rs. Like the spots on the sun md trifling importance that they ss of the life-giving light behind C. T. H. them. SAN

FRANCISCO, February Ist, 1872. 2* 17

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TO TEACHERS. It is hoped that this little work may be found suggestive both to teacher and pupil. There is no subject treated in it that would not make a fruitful theme for a lecture of an hour’s length. Those teachers who take interest in political affairs can easily prepare such lectures, in which they will be aided to some extent by the notes and references given in the book. The more the pupils know of history, the better will they be able to appreciate the study of American ideas.

Without some knowledge of the history of the United States, they cannot be interested in the principles of the American system. As to the proper place for this study, in the curriculum of any public or private school, I make no suggestion, save that until the young mind begins to think for itself, to read the newspapers with attention, and take notice of contemporary events, it will hardly be able to comprehend the subjects which I have attempted to elucidate.

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INTRODUCTION. CHAPTER I. NATURAL RIGHTS. 1. If man had been created to live alone, he would have had an undisputed right to do whatever he pleased. He could be guilty of no crime, for there would be no other person against whom a crime could be committed. Robinson Crusoe could do no wrong except to himself. RIGIITS LIMITED BY SOCIETY. 2. But so soon as two or more human beings live together, each finds it necessary for the sake of peace, to abstain from certain acts, which however innocent in an isolated condition, would be sure to offend or injure those associated with him. Cain and Abel did not understand this. Hence, one of them killed the other. ORIGIN OF LAW. 3. Man was created a social being, and must live with 1. Could man commit crime if each person lived alone? Why not? S. Why does the presence of other persons limit natural freedom? How many of the ten commandments would have no meaning if men did not live in society? 8.

How was society formed? How does it operate to restrain individual liberty? What are the customs and manners of a people? What is fashion, what politeness, and table etiquette? When do customs take the force of law? Describe the difference in the punishment which society inflicts for bad manners, and for crimes? Has government anything to do with mere manners? If

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INTROD UCTION. others of his race. The sexes must live together; parents with children, families with families, friends with friends. Thus society is formed. As the presence of others necessarily limits the freedom of each person, there soon grows up a kind of mutual agreement, whereby the actions of each towards the other are restrained in the same manner, and to the same extent. So far as these restraints refer only to matters of small consequence, and grow up gradually and without formal enactment, they are known as the “customs” and “manners” of a people. But when it becomes necessary to compel the obedience of such as refuse to submit to society, in matters of importance to the general good, they are called “laws.” ORIGIN OF GOVERNMENT. 4. The primal object of law in society is to prevent and punish crime, or such acts as are committed by one person with the intention of injuring another. If such acts were allowed, each injured person or party would naturally seek revenge onl the author of the injury; whence continual quarrels, fighting and murder would render public peace impossible. The slow and gradual effect of experience has shown that men cannot live together unless they be agreed:* that no continued agreement is possible except the lives, the liberty, the rights of property and happiness of every individual be carefully protected. This requires that crime shall be prevented, and criminals punished; that every person shall be encouraged to lead a harmless and useful life, and discouraged from doing any act that shall cause pain or loss to *Amos, iii: 3. 4. What is the primal object of law? Define crime? What would happen if the law did not punish crime? What is government? What is the proper business of government? What does each individual conicede to the government, and why?

[CHAP. 1 20

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HINTROD UCTION. others; and that so much of the powers of self-protection inherent by nature in the individual as shall be necessary for these purposes, shall be entrusted to a few persons whose business it shall be to use those powers for protecting all the people. The persons entrusted with such powers are the” Government,” and the proper business of Government is to make and enforce the laws. CIVILIZATION. 5. The Creator has seen fit to make society a school for the development of the individual into a very different creationl from what he would be if left like the beasts, merely to gratify his animal passions. This social training or development is called ” civilization.” It is a tedious process, involving all the conditions of human existence so far as they relate to religion, knowledge, invention, law and government. Though now far more advanced than at any other period of the world’s history, it is still constantly improving. At various periods in the past, different ideas of government have prevailed, and many imperfect forms of it have beeii instituted. It took men nearly six thousand years to find out how dependent they were for their private happiness on their forms of government, and how much suffering has been the result of mistaken notions on this most important element of civilization. The earliest and most barbarous form of government was MILITARY DESPOTISM. 6. Man in a savage state was sadly given to fig,hting, and plunder. Naturally indolent, he did not cultivate the ground. If he attempted it, his crop was very apt to be 5. What is civilization? What human conditions are included in civilization? Is government an important element in it? Have men suffered for their imperfect notions of government? 6. What was the earliest form of government? Describe its origin? CHAP. 1 I 21

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INTROD UCTION. [ gathered by his enemies, or at best to be shared among all of his own class, whether they had labored with him to produce it, or not. Hence, no motive to industry could exist. Hlunting and fishing were the principal means of living to the scattered tribes; and when these failed, the deficiency was made good by a foray upon neighbors. Such invasions were, however, likely to be resisted; hence the necessity fothe tribe to act under the orders of a chief. The braves warrior thus became the head of his clan, and that he might be able to command instant obedience, his power was made absolute over the lives aind liberties of his people. Thus organized, elan foulght with clan. Occasionally, one tribe would conquer several others, and its successful chieftain ruling them all by right of conquest, wouldl unite them into one nation, and would thus become a King or Emperor. IIEREDITARY MONARCIIY. 7. But by and by the King would die, and then his principal followers would contend with each other for his crown. Civil war would follow, weakening the state, and perhaps exposiong it to conquest by some neighboring prince, waiting for such opportunity. To prevent this, it came to be conceded that the oldest son of a King should succeed to the throne on his father’s death, and thus origrinated the idea of “Hereditary Monarchy.” Nearly all the kingdoms of the world yet confine the descent of their crowns to members of their Royal families. TYRANNY OF KINGS.* 8. It came to pass however that many Kings were out *For a remarkable and graphic prophecy of the evils of the Kingly form of government, see 1st Samuel, viii: 11th and 18th verses. 1.

What is “hereditary monarchy?’” How did it originate? Does it still exist?

8. Did royalty lead to tyranny? What was the universal tendency of “osse-man power”? [CHAP. 1 22

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INTROD UCTION. rageous tyrants, using their power not for the good of the people, but for the gratification of their own passions. Some loved war, and thought only of conquests. Some loved money, of which they robbed their people. Some filled their palaces with women, regardless of the rights of husbands and fathers; or they surrounded themselves with bad characters, who brought endless miseries upon the nation. The great majority of them loved to make their power felt, and took a fiendish delight in spilling the blood of their subjects To check the universal tendency of” one-man power” to reduce mankind to slavery, various devices have been attempted. Among these, one of the most successfiil was i CONSTITUTIONAL OR LIMITED MONARCHY. 9. This institution is based upon the theory that the people have some riqhes, and it prescribes the rules and conditions by which the King shall be bound not to trample upon those rights. It also creates a parliament or council, to exercise a portion of the powers of government inde pendently of the King, who being thus watched and controlled, can no longer oppress the people. This form of government is of recent date, and most of the present European monarchies are “limited” as well as ” hereditary.” OLIGARCHY. 10. Another mode of attempting to escape from the tyranny of Kings has been frequently tried.

It is that in which the government has been entrusted to several persons with equal powers, or to a class or privileged order of men. 9. What is “constitutional or limited monarchy”? How did it originate? What new theory did it introduce? How did it change the form of government? Does this form now exist? Where? 10. What is “Oligarchy”? Where was it practiced? What was its success? CHAP. 1] 23

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I TROD UCTION.. Such were the governments of some of the old Grecian cities. Such also was the rule of modern Venice. But it has generally been found that, as soon as the power of a few has become firmly and permanently established, so that they cease to fear for the consequences of their actions, their tyranny has been as intolerable as that of any single monarch; while their personal rivalries against each other have often engendered civil commotions, attended by every frightful crime.

TIIEOCRACY. 11. Another ancient form of government was that of the Jews, whose laws were directly revealed to them by God, and administered by priests. This form is termed “Theocracy” which means, “government by God.”

There have been many imitations of it, wherein priests, claiming to act by divine command, have ruled the people with absolute power. Such was early Mahommedanism. Such to-day is Mormonism. Such was the rule of the Jesuits in Paraguiay for nearly two hundred years. This idea of government is peculiarly opposed to all constitutional forms: for the latter derive their authority from the people; but theocracy, claiming its power from God, admits no rights on the part of the people which their rulers are under any obligation to notice. DEMOCRACY. 12. This word means, “government by the people.” It was a form used by the ancient Athenians and Romans, whose people met in council, and themselves decided the measures to be adopted by the state. The town governments of New England are modern examples of democracy. 11. What is “Theocracy”? Where did it originate? Does it now exist, and where? Is it favorable to the rights of the people? 1X. What is Democracy? Where was it used? Where does it now exist? Is it practicable on a large scale? Why not? [CHAP. 1 24

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INTROD UCTION. But this form is practicable only in single towns and cities, as it is clear that there is a limit to the number of persons that can be assembled for such a purpose. It has therefore grown in America into REPUBLICANISM. 13. In which the people of the various towns and districts send their representatives periodically to perform all the duties of the government in the manner indicated by the people themselves.

This form is the outgrowth of the highest civilization yet attained by man. It is the most recent, and therefore has the advantage of all previous history, whose theories it has reversed, and whose errors it has profited by. It owes its origin to the careful reading and profound study of human nature by many of the ablest minds of the last century, and under its benign influence the people have gained more security and happiness than have ever before fallen to the lot of humanity. This form is that of the United States. CHAPTER IL In order to understand why the American ideas of government are superior to all that preceded them, it will be necessary to go back a few centuries, and thence briefly sketch the errors in opposition to which our system was framed. THEi FEUDAL SYSTEM. 14.

After the barbarians of northern Europe had over 18. What is Republicanism? When, and how did it originate? How does it compare with other forms? Where does it exist? 14. When did the Feudal System originate? Describe it? What were the powers of a King under that system?

What were the three principal means of supporting monarchy? 3 CHAP. 2] 25

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INTRODUCTION. thrown the old Roman Empire, a principle of government resulting in what was called the “Feudal System” was adopted all over Europe. According to this idea, the absolute ownership of all lands belonged to the King, who was deemed to wear his crown by “Divine Right “-
that is, he was supposed to derive his power not from the people who were under him, but from God, who alone was above him. It was therefore considered an impious act to rebel against “the Lord’s anointed,” or to refuse the most abject submission to all his commands. The King was the “fountain of honor.” He only could grant titles, or supply the means to support them out of the lands of the nation. He made such laws as he pleased, executed them himself, and appointed all tlie judges who were to enforce them. He was the commander in chief of the army; declared war and levied taxes at his discretion. He exercised absolute power of life, death, and confiscation over his people. And he supported himself in the exercise of these powers by three principal means. The first of these was the NOBILITY. 15. The King as owner of all land, and the fountain of honor, had the exclusive right to create privileged orders, such as dukes, barons, earls, counts, marquises, baronets, etc., to each of whom he granted a county, earldom, or other large tract of land, as to the Kinlg’s tenant: the eondition of the lease being, that so long as the nobleman receiving it, (and his oldest son after him) “did homage” to the King, and followed him to the wars when called on, furnishing a certain number of knights and soldiers at his own expense, the land, together with all the people living on it, should belong to him and his heirs. 15. State the privileges of the nobility? Themode of holding lands? The position of the people under that system? [CHAP. 2 26

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INTRODUCTION. The nobleman would then divide the land among his knights and “gentlemen” followers on like conditions. These, in turn, subdivided and leased it to the farmers or “peasants” for cultivation, and the latter were of course obliged to support by their labor all the hither classes of lords and gentry, while they were likewise obliged to bear arms whenever the lord of the land summoned them to war. Thus the whole body of society was organized into an army, and as the only business of the King, lords and gentlemen was war, there was small leisure or opportunity left to the people for agriculture, manufactures or commerce. But as the peasants owed their lands to the gentry, the gentry to the lords, and the lords to the King, all were alike pledged to the King’s service, no matter how much of a fool or a knave he might be. Thus all the Prince had to bestow, he lavished upon his nobles. The populace were deemed to exist only for the benefit of the higher classes, whose slaves they were. They were not considered to have any “rights,” as Americans understand them. Their property was liable to seizure whenever their masters wanted it. If they refused to disclose it, they were imprisoned or tortured until they complied. For the most trifling offenses they were put to death without judge or jury. To be charged with treason was ruin to the accused in body and estate. While all knowledge and education were carefully withheld from the people, they were taught that the King ruled as God’s representative; that to disobey him was to defy the Almighty; that loyalty to his person was the highest of virtues.‘ihey were trained to believe that the King and his nobles were of a different blood from the common people. To be born noble was the greatest earthly privilege. If base born, only the special favor of royalty could remove the stain of birth, and raise a peasant to equality with the great. CHAP. 2] 27

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INTRODUCTION. CHURCHI AND STATE. 16. The second means whereby royalty was sustained, was the Church. Religion, as it existed in the ” middle ” or “
dark agres” -as the period between the eighth and fifteenth centuries is generally called in history -was little more than a state of abject mental slavery to the power of the priests. These were a strong and numerous body, divided into many orders and ranks. Some of them, like the Knights Temrnplars and Hospitallers, were also soldiers; but all of them were under strict subordination to their own higher powers. They possessed all the little learning of the times-few, except priests, being able even to read -and this advantage gave them great power over the ignoranit populace. The people were compelled by force to accept certain doctrines, and practice particular ceremonies. Their consciences were overawed by superstitious terrors. They were taught to believe puerile fictions about saints, miracles, and the spiritual power of the priests, who sometimes wrought the people ihito religious firenzy; as in the case of the crusades, wheni all Europe; for nearly two hundred years, exhausted itself in fiuitless efforts to conquer Palestine from the Mohammedans. And they were grievously taxed for the support of the numerous and costly religious houses that for ages were maintained in every country in Christendom. 17.

The Church, as thus mnanaged by bad men, had great need of the support of the State, whose armies it kept in constant motion in the wars against heretics and Turks. So also the State depended largely upon the Church for the work of keeping the people in a submissive mood. Hence 16. Describe the Union between Church and State? What was the position and power of the priests in the middle ages? 1I. Persecution? 28 [CHAP. 2

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INTRODUCTION. the union between Church and State became universal throughout Europe, and religious persecution was everywhere a matter of course. That is to say, if any one had the presumption to speak, or even believe any doctrine adverse to what the Church taught, he was imprisoned, stripped of his property, tortured, and then burned alive. If the people of any district so taught or believed, a crusade was preached against them; armies were hurled upon them, and they were swept firom the face of the earth. Hundreds of thousands of these martyrs to liberty of belief were thus sacrificed during the carnival of blood that for centuries destroyed the best and truest from the ranks of the people. Actuated by a common love of power, the Church over the minds, the Kings over the bodies of men, they jointly enslaved the nations. Together they opposed all progress, stifled knowledge, hindered every step toward popular liberty or improvement in science. Together they crushed the people, with an iron heel, into the mire of helpless dcspair. STANDING ARMIES. 18. Such was the result of the Feudal System, and of the union of Church and State, in destroying iluman liberty during the dark ages. But in the fifteenth century gunpowder was invented. This gradually changed the whole art of war; destroying the effectiveness of the Feudal mode of assembling and supporting troops, and led to the more modern plan of “standing armies.”

Every European Kingr then began to keep as many soldiers constantly under arms as he could find the means to pay. They were thus always prepared for war, either against their nieighbors or their own subjects, should the latter choose to rebel. Arrests and punishments for treason were thus made easy. 18. When were standing armies introduced? Whatwas their effect on popular liberty? How did these three institutions affect the people? 3*

CHAP. 21 29 t I

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INTRODUCTION. The troops of course depended wholly on the crown for their pay. They were commanded by the nobility; they were therefore always in hand to put down insurrection, and often ravaged and destroyed their own people more than they did their foreign enemies. It was but seldom that any revolution could be organized with sufficient strength and secrecy to oppose a standing army; and when this happened, it was generally fomented in the interest of some disaffected noble, seeking to gratify his own ambition, rather than in behalf of the liberties of the people. SLOW

PROGRESS OF CIVILIZATIOn. 19. Thus all the principal institutions of Europe, up to the fifteenth century, seem to have had for their objects the benefit of the privileged few at the expense of the missery and slavery of the many. Even at this date the union of Church and State exists in nearly every European country, and in all the South American States. In Italy and Mexico, freedom of conscience has been conceded only within the present decade. In some European States the doctrine of “Divine Right” is yet taught. In all of them standing armies are still maintained.

Nevertheless, a long series of events has gradually bettered the condition of the lower classes. Prominent among these were the inventions of gunpowder and printing. Then came the discovery of America and consequent increase of commerce, and the Reformation-teaching men to think for themselves, followed by two centuries of religious wars, terminating in the stop to religious persecution. A succession of brilliant discoveries in every departmenet of science and art gradually overcame popular ignorance and superstition, and taught 19. In what countries is there still a union between Church and State? Is the doctrine of Divine right yet taught anywhere? Are standing armies maintained? What events tended to promote civilization in Europe? 30 [CHAP. 2

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INTRODUCTION. mankind that whatever be the outward surroundings of a human soul, ” A man’s a man for a’ that!” 20. Finally came the American Revolutionary War, and the unfolding to the nations of the principles emblazoned in our Declaration of Independence, and Federal Constitution.

From the study of these the world is now learning that the only true ideas of government are those upon which the American Republic is founded. It was reserved for the great Jefferson to pen the thought “That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new Government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” 20. What event in America hastened popular freedom?

Repeat the quotation from the Declaration of Independence? CHAP. 2] 31

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t

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CLASSIFICATION OF AMERICAN IDEAS. 1. In the Introduction, we have quoted the words from the Declaration of Independence which express the fundamentally distinctive principle of the American form of government.

“We hold these truths to be self-evident, that all men are created equal, (that is, with equal rights) that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” 2. To understand how the only government that ever existed, having for its sole object the securing of the people’s rights, does derive its just powers from the consent of the governed, it will be necessary first to discuss our peculiar POLIITICAL IDEAS, Which are the principles regulating the action of the people in forming and maintaining a government strong enough to punish criminals, regulate society, and protect its citizens in all their rights, and yet powerless to do any harm to its own lawabiding people. When these have been explained, we shall proceed to the 1. Repeat the quotation from the Declaration of Independence? 2. What are Political Ideas?

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34 CLASSIFICATION OF AMERICAN IDEAS. LEGAL IDEAS, 3. Which underlie the laws regulating the action of the government in dealing with accused persons, criminals, the right of property, and personal relations between individuals. 4. In closing the work, we shall treat of several other American ideas which cannot be included in either of the foregoing divisions. 5. Politics is the science of government. It includes the whole range of thought and action involved in the construction acnd maintenance of the Government. 6. Law embraces the whole series of enactments through which the Government acts upon the people. In the United States, every detail in all departments of the government is fixed by law. It controls the actions of all government officers,‘from the President down to the Pound-master, just as completely as those of the private citizen. It allows neither government nor governed to infringe upon the political liberty of individuals. 8. What are Legal Ideas? S. Define Politics? What does this term include? 6. What does law in the United States embrace?

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PART I. POLITICJtL LESSON I. OF POLITICAL LIBERTY AND EQUALITY. 1. The principal object of the American form of government is to secure the political or civil liberty of every citizen. 2. There are two sets of motives implanted by nature in all human beings. These are, the desire of doing evil, and the desire of doing good. Doing evil causes pain or suffering to one’s self or to others. Doing good causes pleasure or happiness to one’s self or to others. 3. aThe common or natural idea of “
liberty” is freedom from restraint; or, the free power of doing whatever one pleases, without regard to other people. This is the liberty referred to in Chapter I of the Introduction, as that which 1. What is the principal object of the American form of Government? S. What two sets of facilties are implanted by nature in every persoh? What is the result of evil doing? Wbat of well doing? 8. What is the common or natural idea of liberty? What would this idea mean if acted upon in society? Could society exist where each man should undertake to do whatever he pleased, without regard to the rights of others? Why does republicanism not succeed in France? What has always resultedfrom French attempts at republicanism? I_D

EB. S.

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POLITICAL IDEAS. a mtnan would enjoy were he to live alone. But if he live in society, it would mean “That they should take who have the power, And they should keep who can.”* Evidently society could not exist, where each man should attempt to do whatever he pleased, without regard to the rights of others. It is because of their confounding the political with the natural idea of liberty, that the Frenich have always thrown society into confusion whenever they have tried to establish republicanism. Each Frenchman thinks that all the liberty is for himself, but none of it for his neighbor! Hence the riots, the bloodshed, the ” commrnunism” of 1798
and 1871. Hence the words of the famous Madame Roland, when passing the Statue of Liberty in Paris on her way to the guillotine: “Oh Liberty! what crimes are committed in thy name.” 4. Now society has no ri#qht to interfere. with such acts as promote happiness, nor with such as injure only the peron who commits them. But it has a right growing out of the instinct of self-preservation, which is the first law of nature, to prevent all such acts as tend to injure other people. b It must forbid theft, robbery, murder and all other crimes, because the commission of such acts is destructive of the property, liberty and lives of its members. Clearly, then, such liberty as is consistent with living in society must have a different meaning from the common notion of natural freedom. Remember therefore as long as you live that 5. Political or civil liberty, is the freedom to *Wordsworth’s “Rob Roy’s Grave.” 4. Has society any right to interfere with such acts as promote happiness? Or with such acts as injure only the person who commits them? How is it with such acts as tend to injure other people? Why must society forbid crime? 5. Whatis the definition of political or civil liberty? What kind ofliberty do American institutions seek to secure to the people? Have the people a right to such liber. ty? For what object is govermment formed? 36 [LESSON

1

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LxssoN 1] POLITICAL LIBERTY, ETC. every individual to do as he pleases, so long as he does no evil to any one else.I This is the kind of freedomn which American institutions seek to secure to every one. It is the natural and ilialienable right of all men to enjoy life, liberty, (as above defined) and the pursuit of happiness; and our Declaration of Independence states the surest, and in fact the only means of securing these rights, when it says that for this object “governments are instituted among men, deriving their just powers from the consent of the governed. ” 6. -How do we know that we have the right to be.free? 1st. By the law of natulre. God created man in his own image, and breathed into his nostrils the breath of life.* In so doing, he must have endowed him with at least the same rights as he gave to the beasts and birds. No animals exist in a natural state except they are free to pursue happiness, each in its own method. And it is contrary to reason to suppose that after the Creator had made man in his own image, he would have prevented his enjoyment of his faculties to a degree at least in proportion to that of the inferior creatures. Indeed, the very fact that certain wants were implanted in his nature, implies that he was intended to be free to gratify those wants. As God gave wings to the bird that it might fly, and fins to the fish that it might swim, so he gave man hands that he should labor, feet that he should walk. He made him naked that he should clothe himself. He gave him reason that he should think, learn, and study. Hie gave him affection, that he should love, speech that he should talk, and invention, taste, the love of the beautiful, that he should improve his condition, and cultivate his mind by using the *Gen. i: 26-27. Ib. ii: 7. 6. How do we know we have the right to be free? State the argument from nature? 4 37

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POLITICAL IDEAS. treasures of creation. Now, whoever prevents his fellowman from the free exercise of all the good faculties implanted in him by Nature, violates the laws of Nature. “I am a man, therefore I have the right to be a manl.” * 7. Again, the word “rights” as used in connection with liberty, derives its meaning from the same word ” right”

when used as the opposite of “wrong.” We have already seen (see section two of this chapter) that doing evil causes suffering to one’s self or to others, while doing good causes happiness. We judge of the character of actions performed towards others by the results they are intended to produce. Now you have a right to life. If any person murders you, you suffer. Hence, murdering you is wrong, the opposite both of right and of your right to life. So you have a right to go where you please. Whoever imprisons you, causes you to suffer. Hence, such imprisonment, if attempted by a private person, is wrong, the opposite of right and of your right to personal freedom. You have a right to your limbs. Whoever cuts off your hand, causes you pain and serious injury. Hence, to cut off your hand is wrong, the opposite of right and of your right to your own body.

So also you have a right to your property. Stealing this causes you to suffer the loss of it. Parents have a right to their minor children.

Husbands and wives have rights in each other. The laborer has a right to his wages. Whoever interferes with these rights causes suffering to those interfered with. Hence, such interference is wrong, the opposite of right and of the rights of the injured parties. Thus every man’s own common sense or ” conscience,” if * Lieber’s Political Ethics, p. 179. It. What connection is there between the adjective “right” and the noun “rights”?

How do we judge of the moral character of actions performed towards others? Illustrate this in the case of murder? Of imprisonment? Of maiming? Of stealing? Does common sense or conscience guide us how to deal with one another? [LEssoN 1 38

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LESSON 1] POLITICAL LIBERTY, ETC. he will but ask it when tempted, (as we all are at times, to do some injury to another) will at once point out the wrongfulness of such conduct, and teach him to respect the rights of others. 2d. By revelation. 8. But men’s passions are often stronger than their common sense. Reason indeed exists in every sound mind, but it is a seed of slow growth; while covetousness, cruelty, and contention, like an early crop of weeds, are very apt to grow up, bloom, and go to seed, before reason has fairly sprouted. Hence, history had recorded the errors of men in their attempts to organize society during four thousand years before Jesus Christ uttered those magrical words, “All things whatsoever ye would that men should do unto you, do ye even so to them.” * This little sentence contains the essence of the American idea of Political Liberty, though so slow was humanity to appreciate the vast truth it contains, that 1700 years elapsed after its utterance, before men awoke to the necessity of adopting it as a principle of government. Christ also said, “Thou shalt love thy neighbor as thyself.” t Paul said, “Love worketh no ill to his neighbor, therefore love is the fulfilling of the law.” + James said, ” Whoso looketh into the perfect law of liberty and continueth therein, this man shall be blessed in his deed.” 11 Christ said, “And ye shall know the truth, and the truth shall make you free.”

* MIatt. vii: 12. t Matt. xix: 19, and xxii: 39. t Rom. xiii: 10. ~ John viii: 32’. 11 James i: 25. S. Why was revelation necessary to make men see clearly their relations to each other? Repeat the Golden Rule? Does the Golden Rule express the American idea of political liberty? What else did Christ say on this subject? What did Paul say? What did James say? 39

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POLITICAL IDEAS. EQUALITY. 9. Political Liberty can only exist among equals. Natural inequality exists among men by virtue of the laws of nature. That is, no two persons are created exact ly alike in body or in mind. These inequalities, society has no right to interfere with. To make the most of his own natural talents, is a right in every man which society must respect.b But inequality in rights or privileges cre ated by society, that is, by human contrivance, and not by the will of God, means that some man or men shall possess some rights established by law which other men have not. Whatever is thus added to the rights of one, must be subtracted from those of others. Now, no liberty can be complete which deprives a man of any of his rights. Hence, the existence of privileged classes in society impairs the liberty of all other classes, so that liberty and equality can only exist together. 10.‘What does the -Declaration of Independence mean when it says, ” All ineu are created equal?” It means that all men are created with equal rights. Society does not make men; it takes them already made, with all their natural differences in character and talents. And we canll only say that so far as man’s laws can affect the liberty of individuals, they shall all enjoy equal rights before those laws. 11. What says the Bible on the subject of Equality? Christ said, “Ye know that the princes of the gentiles ex 9. Among whom only can political liberty exist? What is natural inequality? Has society any right to interfere with natural inequality? Ilas every man a right to make the most of his own natural talents? What is social or political inequality? Can it exist together with an equal enjoyment of rights by all? Is liberty complete which deprives a man of any of his rights? 14. What does the Declaration of Independence mean when it says, “All men are created equal?” Explain this? 11. Repeat the teachings of Christ on the subject of equality? What did Paul say on this subject? What said James? 40 [EMS.ON 1

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POLITICAL LIBERTY, ETC, ercise dominion over them, and they that are great exercise authority upon them. But it shall not be so among you; but whosoever will be great among you, let him be your minister. And whosoever will be chief among you, let him be your servant.” ~ “Be not ye called Rabbi, for one is your master even Christ, anid all ye are brethren.

“Neither be ye called masters, for one is your master, even Christ. “IHe that is greatest among you, shall be your servant. And whosoever exalteth himself shall be abased, and he that humbleth himself shall be exalted.” t James said, “M y brethren, be not many masters, knowing that ye shall receive the greater condemnation.”+ Paul said, “In lowliness of mind, let each esteem other better than himself.” James also said, “If ye fulfill the royal law according to the scriptures,’ Thou shalt love thyneighbor as thyself,’ ye do well. “But if ye have respect for persons, (that is, a special respect for some persons more than others) ye commit sin, and are convinced (convicted) of the law as transgressors.“I Paul also said: “Ye are bought with a price; be ye not the servants of men.”[ 12. IIow came the principles of Christianity to suggest the American ideas of Liberty and Equality? The leading colonists of America were earnest believers in the Bible, and having chosen to follow its teachings as they understood them, each for himself, they were so persecuted for this bv the established churches in their European t Mait. xxiii: 8-12. Philippians ii: 3. 1st Cor. vii: 21. 12. How came the principles of Christianity to suggest the American ideas of liberty and equality? Does religion exert any influence in civilization? What was the religion of the early colonists of America? 3* LESSON 1] 41 * Matt. xx: 25-27. t Matt. xxiil: 8-12. t James ili: 1. ~ Philippians ii: 3. I[ James ii: 8, 9. Ti lst Cor.

vii: 21.

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POLITICAL IDEAS. homes that they fled to the wilds of America in search of freedom to worship God. Separated as they thus became from the rest of the world, they had much leisure for reflection. The Bible, often their only book, was in every house. It was thoroughly studied by the masses of the people. Its precepts were reduced to daily practice, and its influence was evident in all public proceedings. As we have before remarked, (See Chap.

1, Sec. 5 of the Introduction) “Civilization involves all the conditions of human existence, so far as they relate to religion, knowledge, invention, law and government.” It was the religion of the Puritans and Quakers of the 17th and 18th centuries, that stamped itself upon American civilization. NOTES. (a.) Natural liberty consists properly in a power of acting as one sees fit without any restraint or control, unless by the law of nature; being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endowed him with the faculty of free will. But every man, when he enters into society, gives up a part of his natural liberty as the price of so valuable a purchase; and in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws which the community has thought proper to establish. * For no man that considers a moment would wish to retain the absolute and uncontrolled power of doing whatever he pleases; the consequence of which is that every other man would have the same power, and thea there would be no security to individuals in any of the enjoyments of life Political, therefore, or civil liberty, which is that of a member of society, is no other than natural liberty so far restrained y human lazs (and oa farther) as is necessary and expedient for the gneral advantage of tepublic.”-ist Blackstone’s Comm. p. I25. ” Moral or natural liberty is the right which nature gives to all vnkind of.posing of teir persons and property after the mannwr they judge mos,tonsonant their happiness, on condition of their acting wotin the limits of the law of Fnature, and that they do not abuse it to the prqu. dice of axyother men.”-Burlamaqui, Ch. 3, ~ I5. “Civil liberty is the ot being restrained by any law btt what doaees i& a greaterdegr’ee to the public welfare.”-Paley, B. VI, c. 5. “Civi or legal libergty is that which consists in a freedom. from an restraints except such as atablished law imposes for the good of the community, 42 [LEssON 1

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LESSON 1] POLITICAL LIBERTY, ETC. to which the partial good of each individual is obliged to give place.”-Arch bishop of York, Sermon preached Feb. 2ISt, I777, p. 19. (b.) “The only purpose for which power can be rightfully exercised over any member of a civilized community against his will, is to pre vent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it would be better for him to do so, because it will make him happier, because in the opinion of others to do so would be wise, or even right. These are good reasons for remonstrating with him, or :easoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil in case he do otherwise To justify that, the conduct from which it is desired to deter him must be calculated to produce evil to some one else. The only part of the conduct of any one for which he is amenable to society, is that which concerns others. In the part which concerns himself his independence is of right absolute. Over himself, over his own body and mind, the individual is sovereign.”-J. Stuart Mill on Liberty, Introduction, p. 23. The only freedom which deserves the name is that of pursuing our own,good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain’it.”-Ib., p. 29. Throughout this work will be found annotations and quotations from Blackstone, J. Stuart Mill, and other English writers. In thus giving European authorities for American ideas, the suggestion at once occurs that many of the peculiarities of our system are drawn from foreign sources, and should therefore be found in their purity in the countries where they originated. The student of history will understand that though many of our fundamental ideas were the result of English thought, it was only in the free air of America that men were at liberty to collate those ideas and put them into practice. In the words of the late Thos. Starr King: “All that former thinkers have done to justify the principle of freedom, and heroes have achieved against the oppressions of despotism, and martyrs have suffered for their perilous love of liberty; all the stimulus which religion, in the past, has given to the heart’s reverence for right and the head’s loyalty to truth; all that eloquence has done to make tyranny tremble and fan the popular sense of justice to a flame; all that literature has preserved in treatise, song or drama, of past devotion to liberty and longing for its triumph, are related and have contributed to our success in the structure of a social polity. We may properly enjoy the pride, if we will be faithful to the privilege of bearing in our institutions the best thought and life of the past concerning public justice and social welfare.”-Lecture on Patriotism.

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POLITICAL IDEAS. LESSON II. OF LAW. 1. In our first lesson we defined “political or civil liberty to be the freedom to every individual to do as he pleases, so long as he does no evil to any one else.” Now suppose that some members of society insist on carrying out the natural idea of liberty, by doing as they please without any regard to the rights of others. Can peaceable citizens enjoy civil liberty where such people are allowed their own way 2 They cannot. No man can be free when he is liable to be knocked down, robbed, insulted, or murdered, by any evil disposed person. Peaceable people require that society shall protect their rights: otherwise each must go armed for his own protection. 2. ]Vhat then relieves the citizen of the necessity of defending himself against the bad men who infest every community.? Law, which protects society by punishing those who will not respect the rights of others. 3. WThat three ideas, then, are inseparable in the American system? Liberty, Equality, and Law.

4. What do you understand by “Law “. The appointed rules of a Government for the control (,f its people, commanding what is right anid forbidding what is wrong. 1st Blackstone’s corn., 44. 1. Can peaceable citizens enjoy liberty in a society where crime goes unpunished? What do good citizens require from society? 2. What relieves the citizen from the duty of protecting himself against bad men? 8. What three ideas are inseparable in the American system? 4. What is Law? 44 [LEssON 2 * 1st Blackstone’s Com., ~ 44.

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OF LA W. 5. What gives to law its power under every form of Government?

The authority of society, which is supposed to express its will through government. But at no period until the eighteenth century, nor in any country save the U-Tited States, and the ancient Grecian democracies, has the authority of laws been actually and constantly drawn from the free, voluntary expression of the people who were to obey them. The great mass of law in other countries has been enacted by governmnents composed of the ruling classes, for their own exclusive benefit, not only without consulting the people, but generally for the purpose of oppressing and plundering them. Law has always been a powerful weapon in the hands of the great for striking down the natural rights of the mnasses. 6. What are the principal objects of American laws? First. To protect the life, liberty, property and happiness of every person alike, without regard to race, religion, birth, or color, from violence and oppression, whether attempted by individuals, societies, government or its officers, or by foreign nations. Second. To promote the greatest good of the greatest number. 7.

TVhy do our laws operate precisely alike upon all persons under their control? Because in no other way can equality be enforced among the people. If there be any rights under the law given to one maln or set of men which the others do not enjoy, then there is inequality, and we have already seen that 5. What gives to law its power? In what country only does law derive its power solely from the governed? How have laws generally been enacted under other governments? For what objects? Has the good of the people been the principal object of laws in all forms of Government? 6. What are the principal objects of American laws? 7. Why do our laws operate alike on all persons? Can liberty exist without equality?

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POLITICAL IDEAS. without perfect equality the liberty of a portion of the people must be interfered with. (See Lesson I, 9.) 8. You said that the objects of lawos in the United States were to Irotect the people from oppression, whether attempted by individutals or by the government. Vhty is it necessary that the citizens should be protected fromn their own government? Because all history reeks with the innocent blood of their subjects that has been shed by Kings, Emperors, nobles and tyrants, under every pretext, and under every form of government except our own. It is a law of human nature, that unchecked power is sure to be abused. Power loves to be felt, and to strengthen itself. Ambitious men are everywhere found who seek it, and having attained it, then they labor to subjugate their race by every possible means. ThIe American system gives to its government officers power enough to serve the public, but it trusts them no further than this necessity requires. It is nearly impossible for our goverment or its officers to do harm to any citizen. Nor can oppression of any kind be inflicted on our people, until the principles of Republicanlism be overthrown. 9. WTVhat is a Conistitution?. A written statement of the principles on which a govern. ment is founded, together with the form of its conistrletion, the division and limitation of its powers, the description of its various offices, and their relation to each other. 10. Hlow many Constitutions are there in the United States? See Montesquieu, Esprit des Loix XI, 5, also Lieber’s Pol. Ethics, Book II, lxxxiii. 8. Why must the citizen be protected from his own Government?

What is the tendency of unlimited power? Are the powers trusted to Government officers in the United States limited? To what? Is it possible for our lawabiding citizens to receive harm from the Government? 9. What is a Constitution? 10. How many Constitutions are there in the United States? [LESSON 2 46

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OF LA W. There is one to each State, and one for the whole Union, called the Federal Constitution. 11. What relation does a Constitution bear to the laws? The Constitution is like the frame of a house; the laws like the boarding, roofing, plastering and finishing. The frame gives to the building its size, strength and proportion; but unless it be covered in and completed, it would be of no use as a house. To the Constitution the laws must be fitted, each law also bearing its proper relations to all the others. In this way only can a uniform, consistent complete, and just system of laws be adapted to the wants of a civilized people. 12. Are Constitutions and Laws established by the same authority? Both are ordained by the authority of the people, but they are established at different times, and through different agents. Constitutions, like house frames, are made first. They are generally drafted by a convention of delegates elected by the people for that service only, and their work is always afterwards submitted to the vote of the people; a majority of whom must vote in favor of it, or it cannot be adopted. Laws, however, are afterwards made by the legislators, who are elected every year or two for that purpose, in the manner and at the times prescribed in the Constitution. But the work of the Legislatures is not submitted to the popular vote except in very few contingencies. If they pass laws which prove to be unequal, unjust, or contrary to the Constitution, or to the public will, the next Legislature will generally repeal or amend them, or they will be declared unconstitutional by the judges. In these ways the will of the people always controls the making of the laws. 11l. What relation does the Constitution bear to the laws? 12. How are Constitutions made? Do they derive their authority from the people? How? How are laws made? How are bad laws gotten rid of? How does the public will control the making of the laws? LESSON 2] 47

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POLITICAL IDEAS. 13. Why are the Anericans peculiarly a lawabiding .people? * A. Because they are generally intelligent enough to know that society cannot exist without obedient respect for law. B. Because they know that if their obedience is not voluntary, it must be compelled by force; and that were armies, spies, informers and large bodies of police thus made necessary, the republic must give way to monarchy. C. Because the laws, being all made to please the majority of the people, they oppress no one, and are felt only by the law-breakers to whom all laws are offensive, and of these it may be said: ” No rogue e’er felt the halter draw With good opinion of the law.” 14. Into how many diferent departments may American Jaws be divided? Into six, viz: A. Criminal Law, which defines all kinds of crimes and offences against the public or “State.”

These crimes and offences include every act which may be committed against the lives, liberties, rights, property, and reputation of individuals, and the criminal law carefully prescribes the punish ments for each of such acts, which are called “public wrongs.” B. Civil Law, which prescribes the rights of persons and property, and the remedies for those who are unjustly deprived of them by what are called ” private wrongs.” t C.

Maritime Law, which relates to life, liberty and * See Romans miii: 1-7. t See Blackstoie’s Corn., Books III and IV. 18. Why are Americans peculiarly a lawabiding people? What do law-breakers think of laws 14. Into how many departments may American laws be divided? What is Criminal law? civil law?

Maritime law? Military or Martial law? Revenue law? The law of nations? 48

[LEssoN 2

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OF LAW. property on the high seas, and on lakes and navigable rivers. I).

Military and Martial Law, for the government of the army and navy, and places in a state of invasion or insurrection. E. Revenue Law, which enjoins when, where, and how the various taxes must be paid for the support of the government. F. The Law of Nations, which regulates the conduct of different nations towards each other in all circumstances of peace or war. (This can hardly be called American law, except so far as America, in common with other civilized nations is bound by it.) 15. TVhat are the rights which are secured to every individual by the Constitutions and laws of the United States? A. The right of personal liberty, secured from injury to his life, his limbs, his body, his health, and his reputation B. The right of locomotion, or moving from place to place, or traveling at his own pleasure. C. The right of property, and to be secure in his person, his house, papers and effects from unreasonable searches and seizures. I). The right to worship God according to his own conscience. E. The right of free opinion on all subjects. F. The right of free speech. G. The right of free press. H. The rights of free communication and assciation. I. The right of free assembly. J. The rights of petition and instruction. K. The right to keep and bear arms. 15. Name the personal rights which are secured to every individual by the American laws? 5 LESSON 2] 49

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POLITICAL IDEAS. L. The right of trial by jury and other rights of accused persons. M. The right to appeal to the courts for protection to all his rights of person or property. N. The right of habeas corpus. O. The right to educate his children at the public expense. P. The rights of husband and wife. Q. The right-to all native-born men of lawful age, and to all naturalized citizens-of suffrage. R. And generally, the absolute right of sovereignty over his own body and mind, so long as his conduct produces no ill to any one else. LESSON III. OF GOVERNMENT BY AND FOR THE PEOPLE. 1.

In Chapter II of the Introduction we gave you a brief sketch of the feudal system, and some idea of what was meant by the doctrine of the “divine right” of Kings. Let us now illustrate this by a diagram. -Ki, People 1.

Describe the diagram illustrating monarchy, under the divine right doctrine? What was that doctrine? What was the position and authority of the King under that idea? Who came next to him in the State? Who were next after the council? What next? What was the position of the army? of the judiciary and police? What was Departmental government? What was the position of the people? itul~IHl I~ I l H~ H H i 50 [LESSON 3

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LESSON 3] GO VERNMENT BY AND FOR THE PEOPLE. 51 This diagram represents the monarchical state. At its top sits the King, deriving his authority from God. aAll power flows downward from him. First below him are his court, or ministers, generally chosen from among the nobles. Under these are the great body of the nobility. Next comes the state church supporting the King and nobles, and patronized by them. The army, governed wholly by the King and nobles, and often used in persecuting the enemies of the church, furnishes the great means of tyrannizing over the people. Next the judges and police, all appointed by the King and dependent on him, contribute their efforts to his service. The departmental government is the local magistracy of all the cities and villages ruling the people by the King’s authority, so that even ill their own local affairs they must obey the royal commands. Under all this heavy weight helplessly lie the masses, supporting the whole by their labor, yet having no acknowledged rights; liable to be dragged into the army, subject to have soldiers quartered in their houses, their property seized, their families outraged, and themselves made the victims of every caprice of tyranny. All history is filled with the wars, the crimes and oppressions of the governing classes. It has but little to tell of the people, except that they often rebelled, though generally i[) vain, against the outrages continually heaped upon them. This system, once universal throughout Europe has during the past century been gradually passing away. Under its false and baneful teachings no liberty and very little happiness were at all possible to the people. 2. Now this diagram represents the American system, in 2. Describe the diagram representing the American system? Where are the people in this system? Does power flow from or to the people? Is the Republican system only one government? What is the object of dividing the powers and duties of goverlment? How many distinct governments are there in the United States?

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P OLITICAL IDEAS. g “- I….. “…………………l……………….ll l.l.l.l….ll \ \ \Sehoo~1:I~seitie/ \aPTS(‘tsX C n which the people are on the top, and all power flows downwards fromn them to their several governments. And here it must be remembered, that the republican system is not one government. On the theory that the people are the fountain of power, everything must be arranged so that they can themselves manage their own affairs as far as practicable. There are thus many thousands of distinct governments in the United States. Let us see. SCHOOL DISTRICTS.

3. The lowest political division is the School District, whose inhabitants meet in general assembly, to elect school trustees, decide on the building of school houses, and the tax they will pay towards a teacher’s salary, and the supplies for the school. This forms the government of the school district, “by the people and for the people,” but it extends only to matters concerning the school. TOWNS. 4. Several School Districts lying near to each other form 3. What is the School District? What matters are acted on by the people at school district meetings? What is the extent of the government necessary in a school district? 4. What is a Town? What business is transacted at a town meeting? What officers are elected for town government? Has one town anything to do with the government of any other town? 52 [LESSON 3

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LESSON 8] GOVERNMENT BY AND FOR THE PEOPLE. 53 the Town. And here there are more officers to be chosen, for there are more public wants than in a School District, and consequently more duties to be performed. In the older States, such as those in New England, the Town’s people meet at least once a year. The three ” selectmen,” who manage the Town affairs, call these meetings. They report to the people what they have done daring the previous year, and recommend to them such measures as they think necessary for the future. Upon these, the people decide, and in this way the Town lays out roads, builds bridges, provides for the support of the town poor, and levies its own taxes for these purposes. It elects its own selectmen, road master, justices of the peace, fence viewers, pound master, constables and town clerk. And each Town, managing its own local affairs for itself, without meddling with or being disturbed by any other Town, has its own government, made “by the people, and used only for the people,” of that Town. COUNTIES. 5. But the Towns are not isolated communities. One Town is neighbor to another, and the people of both have many interests in common. Several Towns therefore form a County; and to the County government the people in the several Towns elect annually a delegate who represents that Town in the County Board of Supervisors or County Commissioners. This body has a limited power over the County roads and bridges, the County jail, hospital and records. They have the power to levy the taxes on the people necessary to pay the annual expenses of these institutions. The S. What is a County? Who manages the affairs of a County? How are the Supervisors or Commissioners elected? What are the powers of the Supervisors or Commisioncrs? What other County officers are elected by the people? What are the duties of a District Attorney? Of a County Judge? Of a County Clerk? Of a County Recorder? Of a Sheriff? Of a County Surveyor? Of a County Assessor? Of a Coroner? Of a County Treasurer? Of a Public Administrator? 5*

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POLITICAL IDEAS. people also elect a County judge, a district attorney, a County clerk and recorder; a sheriff, a surveyor, an assessor, a coroner, a treasurer, a school superintendent and a public administrator. The duties of these officers are as follows: COUNTY OFFICERS. The District Attorney is a lawyer, whose business is to prosecute persons accused of-crime before the courts sitting iii the county. The County Judge is the judge of the County Court, before which are tried all indictments for crimes committed in the County, and to which appeals may be taken, from the several justices’ courts in the different towns. The County Clerk is the clerk of the County Court, and keeps all the books and papers of the County relating to suits at law. The County Recorder copies all deeds, mortgages and other documents relating to the landed property of the citizens of the County, into books provided for that pur. pose. The Sheriff arrests criminals and keeps them in the jail, subject to the orders of the Courts. And he executes all the lawful commands of the judges, preserves the peace, and calls out the military or people of the County to assist hLim iii case of resistance to the laws. The County Surveyor makes official surveys of the County roads, and of all lands whose owners.desire to have them surveyed officially. The County Assessor fixes the values of all the lands and other property in the County for the purpose of charg ing each owner thereof with his fair proportion of the State and County taxes. The Coroner’s business is to inquire into all cases of sudden and unaccountable death occurring in the County, 54

[LEssoN 3

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LESSON 3] GOVERNMENT BY AND FOR THE PEOPLE. 55 so as to detect and punish murder, if any has been committed. He also acts as sheriff in case of that officer’s disability, absence, or death. The County Treasurer collects and keeps the taxes, subject to the orders of the supervisors, and in compliance withl thie State law. The County Superintendent of public schools presides over all the common schools in the County. And the Public Administrator takes charge of all the property of deceased persons, who have left no heirs in the County. He holds such property, subject to the orders of the Probate Court and to the rights of lawful heirs. Thus many of the duties of the Government are performed by the County officers.

These are all elected “by the people,” and they act only “for the people”

of their own County. STATE. 6. We come now to one of the grand divisions of territory and authority in the United States, to wit: the free and independent States. Of these there are now thirty-six, and in course of timine there will probably be fifty or iuore of them. Each State comprises a number of Counties. Delaware has but three, and Rhode Island has only five. Others, like New York, Virginia, and some of the northwestern States, have fifty to eighty counties. But the State is inot a confederacy of counties, any more than the counties are confederacies of towns, or the towns of school districts. The 6. What is a State? What is the political character of a State? How many States are there in the Union? How many Counties in a State? Is the State a confederacy of Counties? Is the County a confederacy of towns! What is a confederacy? (Ans.-A league or covenant whereby several governments-not the people represented thereby-are united into one.) Is the State government made by the people? Are its officers elected by the people? How are the duties of government divided among School District, Town, County, and State governments? How would the small offices be filled under a monarchy? Does the State form a complete nation in itself? What restriction is there on the powers of a State?

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POLITICAL IDEAS. State Government is made “by the people and for the people” just as are the smaller governments of the counties and towns. The fact is, the duties which under a King would be performed by thousands of petty officers sent by him into every village and district to rule the people in spite of themselves, are in the United States divided by the people, among the officers elected by themselves, to serve them in the manner prescribed by law. The State, however, contains people enough to constitute a small nation by itself. Some of them like New York, Pennsylvania and Ohio, are each already more populous and wealthy than several of the independent nations of the world. The State form of government is therefore a complete Republic, having all the powers of an independent nation, except those granted for special purposes by the people of all the States to the Federal Government, as we shall hereafter explain. NOTES.- (a) King James the First of England more than once laid it down in his speeches that “as it is atheism and blasphemy in a creature to dispute what the Deity may do, so it is presumption and sedition in a subject to dispute what a King may do in the height of his power. Good christians, he adds, will be content with God’s will revealed in his word; and good subjects will rest in the Kinig’s will, revealed iu his law.” 1

Blackstone Comn., * 238. LESSON IV. OF CONSTITUTIONAL GOVERNMENT.

1.-Theefirst step informing a State Government is the framing and adoption of a written Constitution. This is done by a convention chosen by the people of the 1. What is the first step in forming a State Governiment?

How is a State Constitution formed? How are the delegates to a convention apportioned? How is the Constitution finally adopted? 56 [LESSON 4

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LESSON 4] OF CONSTITUTO.NAL GOVERNMENT. whole territory for which the Constitution is to be formed. Each County is allowed a number of delegates to the convention in proportion to its population. The constitution is by these carefully prepared, and when adapted in their judgment to the requirements of the territory, it is published, and the people are called on to vote for or against it. If the majority of the votes are cast in its favor, it is declared adopted, and becomes the fundamental law of the land. Changing the Constitttion. 2. The Declaration of Independence declares “that whenever any form of government becomes destructive of these ends, (of seeuring the life, liberty and property of the people) it is the right of the people to alter or abolish it, and to institute a newt Goverinenwt, laying its foundations on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness.” For the purpose of avoiding the revolution and bloodshed which in Europe have almost always attended a change in the form of Government, all American Constitutions contain a clause providing how the people shall proceed if they wish to alter or amend them; and this may be done at any time the people desire it by the peaceful operation of the ballot. What the Constituttion provides. 3. A. It states the principles on which the Government is to be founded. This part of it is called the “Bill of Rights.” 2. What says the Declaration of Independence on the subject of altering forms of government? How are Constitutions altered in the United States? S. What does a State Consitution provide? What is a Bill of Rights? What is the usual construction of a Legislature? What are the differences between the two houses? What are the powers and duties of the Legislature? What are the constitutional regulations as to counties and towns? What as to a governor and lieutenant governor? What as toj udges?

What as to education, the militia, and general laws? Does the Constitution define the limits of official power? 57

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POLITICAL IDEAS. B. It provides who are entitled to vote at popular elections. C. It provides for the election of the Legislature, which consists of two separate bodies or “houses.” One of these is called the “Senate,” the other the “Assembly” or ” House of Representatives.” Of these the Senate is always the smaller body, and its members are elected for from two to six years. The members of the “Assembly” are elected for only one or two years. These two bodies assemble at regular periods fixed in the Constitution, to make laws for all the people in the State; and that instrument prescribes how the laws shall be made, and defines exactly what powers are given to the Legislature and to all other officers of the State, Counties, Towns and school distnicts. It also locates the boundaries of the State, and of each county. In this way each of the small governments is regulated uniformly with the others, County with County, and Town with Town; and all are governed by the same laws. D. The Constitution provides for the election of a Governor and Lieutenant Governor, and fixes their duties and powers. E. It also creates certain Courts, or gives power to the Legislature to provide them, so that Judges shall be appointed or elected wherever the people may require their services. F. It empowers the Legislature to provide for public education, for the organization of the State troops or ” militia,” and to pass all necessary civil, criminal and revenue laws; and it either fixes every detail of the machinery of the State government, or gives the Legislature power so to do. G. It carefully forbids all public officers to usurp any power not confided to them respectively, and 58 [LEssON 4

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LESSON 4] OF CONSTITUTIONAL GOVERNMENT. prescribes or authorizes the Legislature to prescribe for their impeachment should they violate this prohibition. 4. We have now seen that popular government begins with the school district, then extends to the Town, thence to the County, and from that to the State. We have also seen that though several school districts form the Town, several Towns a County, and several Counties a State, yet the people in each subdivision elect the various officers thereof, whose duties are fixed by law, and who are responsible to the people. We have also seen that the State is a complete republic, having all the powers of an independent nation, except those granted for special purposes by the whole American people to the Federal Government or “Union.” We have now to inquire 5. What are the nature and jpurpose of the Federal Government, or Union? Its nature is not that of a confederacy between independent States, for a confederacy, as we have shown you, (see question to Lesson 3, sec.

4) is a league or covenant, whereby several governments are united into one by the act of the governments, and not of the people they represent.

Such a league or covenant, like a bargain between individuals, when broken by one, no longer binds the others. Such was the old American confederacy, which preceded the present Constitution, and fell to pieces by its own weight before it was ten years old. Such was the Southern view of the Union for many years before the great civil war of 1861, and had it been true, the South would have been justified in attempting to withdraw from a distasteful partnership. But this view is now universally regarded as a mistaken one. The true nature and object of the American Union 4, 5. What is the nature and purpose of the Federal Government or Union? What is it not? Explain why it is not a confederacy? What is it? 59

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POLITICAL IDEAS. consist in the uniting of the people of the whole country into one great nation for certain purposes only. Those purposes are expressed inthose sections of the Federal Constitution which confine the powers of the general Government to those functions only which can be better performed by all the people united than by each State singly, and for itself alone. 6. Thus, each State unaided would be weak in case of war. Even New York would be no match for England or France. But all the States together are strong, and hence European countries are anxious to be at peace with them. Each State would be grievously taxed to maintain a separate army and navy, and to keep its Ministers and Consuls in foreign countries. But the expense of one army and navy, and one set of Ministers and Consuls, falls lightly on them all. If each State were wholly independent of the others, wars would break out between them, as they continually do among the States of Europe. But being all under one general government, domestic peace is secured. If each State were to coin its own money, there would be as many different coinages as there are States, which would greatly interfere with commerce. But one national coinage passes everywhere alike. 7. In the Federal Constitution, therefore, the people of all the States gave to the general Government the following exclusive powers: A. To lay anid collect the taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States: but all such duties, imposts and excises must be uniform throughout the United States. 6. Name some of the functions of government which are better performed by one government than by many? How about war? Army and navy? Coinage? 7. Enumerate the powers given to the General Government by the Federal Constitution? 60 [LESSON 4

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LESSON 4] OF CONSTITUTIONAL GO VERNMENT. B. To borrow money on the credit of the United States. C. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. D. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. E. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. F. To provide for the punishment of counterfeiting the securities and current coin of the United States. G. To establish post offices and post roads. H. To promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. I. To constitute tribunals inferior to the Supreme Court.* J. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. K. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. L. To raise and support armies. M. To provide and maintain a navy. N. To make rules for the government and regulation of the land aid naval forces. O.

To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions. P. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers.“t 8. toto are the several States prevented from interfering *NOTE.-The Supreme Court of the United States is established by the Constitution. See Art. I, Secs. I and 2. tart. I, Sec. 9 of the Federal Constitution. 8. How are the States prevented from interfering with the Federal Government? 6 61

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POLITICAL IDEAS. with the Federal Governmn(ent in the exercise of these powers?. The Federal Constitution explicitly forbids them. It also requires the States to perform certain duties alike, so as to preserve everywhere the liberties of the citizens, just as the State Constitution prescribes uniform regulations to all its own counties and towns. 9.‘low, op, the other hand, is the Federal Government prevented fromn intermneddlinag with the State Governments, or with the rights of the people? By the ninth and tenth amendments to the Federal Constitution, which provide that ” the enumeration (in that document) of certain rights shall not be construed to deny or disparage others retained by the people”: and that” the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 10. You now understand clearly the following principles: A. That government by the people means that the people make and maintain the Government in such form and in such hands as suit themselves, through the frequent exercise of the individual right of suffrage. B. That government for the people means that the only purpose for which Government exists is to protect the lives, liberty, property and happiness of the people, and thereby “to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to themselves and their posterity.” * C. That the first means used in the United States to carry *See preamble to the Federal Constitution. 9. How is the latter prevented from disturbing the former? 10. Repeat the principles printed in large type: A. What is government by the people? B. What is government for the people? C. What use is made of political divisions of territory in carrying these principles into practice? [LESSON 4 62

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LESSON 4] OF CONVSTITUTIO,V.AL GO VERNMENT. these principles into practice is the division of the whole territory into States; of the States into Counties of the Counties into towns, and of the towns into school districts, in each of which certain public officers are entrusted each with a minute portion of the Governnent powers. D. That each officer is elected by the voters of the district he represents. E. That each elected officer is accountable for the discharge of his official duties only to the people of the district that elects him; that is. to his own constituents, and to none others. F. That the exact powers and duties of each officer are clearly fixed by law. G. That the several States have nothing to do with each other. The several counties in each State have no right to meddle with each other, nor the different towns in a county, nor the school districts in a town. Bult each has the right to manage its ownl domestic affairs in its own way, under the general constitutions and laws, so long as it does not infringe upon the liberties of the people.*

H. That the principle of “confederacy” is carefully excluded from the entire American system. I. That the United States are all one country: the relation of the several States to the Union being merely a division between them of the several Art I, Sec. 10; IV, 3, 4; VI, 38, of Federal Constitution. D. Who elects the officers of each district? E. To whom is each officer accounitable? F. How are the powers and duities of each officer fixed? G. Have the various political divisions of territory any thing to do with eaeh other? Does each manage its own concerns? H Is the principle of confederacy admitted in the United States? I. Are the United States all one country? What is the relation of the States to the Union?

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POLITICAL IDEAS. functions of the Government, which, if not so divided, would be impossible under the Republican form. 11. That Sovereignty resides in the people, and not in any of the governmental establishments or officials.* Now turn back to the diagram representing the American system. Apply the last two chapters to it, and you will find the principle of ” Government by and for the people,” firmly alid clearly fixed ill your memory. LESSON V. OF CIHECKS AND BALANCES IN THE GOVERNMENT. 1. In Lesson II, Section 6, you learned “that the objects of laws in the United States were to protect the people from oppression, whether attempted by individuals or by the government:-that power loves to be felt and to strengthen itself, and that ambitious men are everywhere found who seek it, and hlaving attained it, then they labor to subjugate their race by every possible means.” 2. Now the prinicipal reason why the absolute monarchs of Europe have so grievously oppressed their subjects was because there was no check or limit to their power. And when under the system of “limited monarchy” the Parliament as in England, during the reigns of several of the kilngs and queens ending with Charles I, in 1648, attemrnpted to curb the aggressions of the prince, a fierce and finally a bloody controversy was waged between them. The kings claimed the unlimited right to tax the people as * Cal. Political Code, Sec. 30. 11. Where does”

Sovereignty ” reside in the United States? LESSON V.-l. Repeat the quotation from Lesson 2? 2. Whl.i have Kings bean able to oppress their people? What was the cause of dispute between the Kings of England and Parliament previous to 1648? What did the Kings continually seek to do?

How did the Napoleons manage to make themselves Emperors in France? 64

[LESSON 5

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LESSON 5] OF CHECKS AND BALANCES. a part of the prerogative of the crown.

When parliament refused its consent to such taxes, it was repeatedly “prorogued” or “dissolved,” so that the King could do as he pleased while it was not in session. Thus, having power through the army to enforce laws made by himself, he would of course make such laws as would increase his power. This has been the almost universal history of kingcraft. Even in this century, we have seen the two Napoleons in France, each abusing the too great powers entrusted to him by overthrowing the constitution of that country, and making himself emperor over the ruins of a republic. 3. Now the only way to prevent this abuse of power, and consequent enslavement of the people, is not to give the whole power of the Government to anybody; but instead of this, to give to each officer just as little as will enable him to serve the people in his own department, while another officer shall be set to watch him, and see that he does his whole duty, and nothing but his duty. 4. Thus in all American Constitutions the powers of the Government are separated into three grand divisions, viz: A. The Legislative, which makes the laws under and in accordance with the Constitution. B. The Executive, which sees that the laws made by the legislative department are obeyed. C. The Judiciary, which administers the civil and criminal law, dispensing justice between man and man, punishing criminals, and deciding whether the laws passed by the Legislature are conformable to the Constitution. Each of the principal officers who occupy these several departments is separately elected by the people, and they are not only independent of each other, but they con 8. State the only way to prevent the enslavement of the people by their governmenits? Into what three grand divisions do American Constitutions separate the powers of government? Describe the functions of thiese divisions? Is the system of checks and balances confined to the three divisions? 6* 65

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POLITICAL IDEAS. stantly keep one another in check. Nor is this inlterposition of checks and balances confined to the three divisions we have just mentioned: but it is introduced everywhere, and in all possible forms, into the administration of each division itself. THE LEGISLATIVE

DEPARTMENT. 5. All legislative bodies, whether of the States or of the general government, (called Congress) are divided into two separate houses. The upper house is called the ” Senate,” and in the Congress it is composed of two senators, elected by the Legislature of each State, who are chosen for alternate terms of six years each. In the State Legis.

latures, the senators are elected from larger districts, and for longer terms than the members of the lower house. In all cases the senators are fewer in number than the representatives, and as it is considered the highest power in the gift of the people, next to the Presidency or governorship, to be elected a senator, the original idea was that only men of ability, experience and mature years should compose that body. 6. The House of Representatives in Congress is now composed one member for every 157,109 inhabitants,* provided however, that each State shall have at least one representative, though its population be less than 157,109. The “Members of the Assembly” or lower house of the State Legislature, are elected by counties, in numbers proportioned to the population of each. 7.

Every bill passed by every legislative body must be -See Federal apportionment of 1871. 5. Describe the Lcgislative department? How is Congress composed? How are Senators and Representatives elected? 6. How are Representatives in Congress apportioned among the people? How are members of the lower house in a State Legislature apportioned? 17.

Describe the mode of making laws? What is the “Veto” power? How is it exercised? What is its effect? What checks are interposed in the lawmaking de partment? How do these checks affect the character of the legislation? [LEssON 5 66

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LESSON 5] OF CHECKS AND BALANCES. concurred in, word for word, by both Houses. It must then be signed as approved by the Executive, who, if he objects to it, must return it within ten days with his objections in writing to the House in which it originated. This is called the Executive “Veto” (a Latin word, meaning” I forbid “). When any bill or proposed law is “vetoed,” it is necessary that two thirds of both Houses shall concutr in again passing it, in which case it becomes a law without the approval of the Executive. Thus the Senate and the lower House are each a check upon the other, while the Executive is a check upon both. Whatever be the mistake due to the excitement under which one body may act, it is almost sure to be corrected by the conservatism of the other; and a wise Executive may veto a bad measure though approved by both Houses; while a wrong-headed Executive, whose veto is not sustained by his reasons for it, is apt to be set righlt by the sober second thought of two thirds of both Houses. Thus wisdom, care and prudence, are much more certain to characterize our legislation than if there were but one person, like a King or Emperor, or but one legislative body, as in France, having authority to make the laws of the Nation or States. THE EXECUTIVE. 8.

Neither Congress nor any State Legislature has any power to compel the people to obey the laws it may pass. This duty is confided by the Constitution to the Executive. The President of the United States is the Federal Executive, and his duty is to see that the laws of Congress 8. Can the Legislative department compel obedience to the laws it makes? Whose business is it to execute the laws? What are the powers of the President of the United States? Can he make or change a law? Can he declare war? For what purpose is power given to him? Is he himself subject to the laws? 67

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POLITICAL IDEAS. and the treaties between the United States and foreign countries are properly observed. For this purpose he is commander of the army and navy of the Uniited States, and of the militia of the several States when called into the actual service of the United States.* He has the power, by and with the advice and consent of the Senate, to make treaties. He nominates, subject to the approval of the Senate, ambassadors, foreign ministers, consuls, Judges of the Federal Courts, collectors of revenue, and all other officers of the United States, but he cannot declare war. Only Congress has that power. Nor can he make the least change in any law as passed by Congress. All the power that is given him is for the sole purpose of causing the laws to be respected and obeyed by the people. And those laws define his own duties with such exactness that he can no more wrong a private citizen than the citizen can inijure him, without being equally liable to punishment. 9. The Governor of each State is the Executive thereof,fand has powers within his own State analogousto those of the President within the United States. But none of his powers extend beyond the limits of his own State. 10. A part of the Executive duty is to inform the Legislature whenever it assembles, of the condition of all the public affairs of the Nation or State, respectively, and to recommend such legislation as he finds from experience that the public good requires. He can also call extra sessions of the Legislature when he thinks it necessary. He has the power of pardoning convicts or commuting their sentences, * Art. II, Sec. 22, of the Federal Constitution. 9. Who is the Executive of a State? Has a State Governor any power outside of his State? 10. What is the duty of the Executive as to informing the Legislature of the condition of the nation or state? Can he make recommendations to it? Can he call the Legislature together when necessary? What check can he exercise upon the Judisiary? What upon his subordinate officers? [LESSON 5 68

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LEsSON 5] OF CHECKS AND BALANCES. which is a check upon any tyranny on the part of the judiciary. Being responsible to the people for the good conduct of all the subordinate executive officers whom he appoints, he has the power of removing them at any time, which is a chleck upon their behavior while ill office. 11. The Executive duties are always divided into departments, each of which is in charge of a separate officer under the Presidenrt or Governor, but who is superior to all others employed in his Department. Thus the Federal ” Cabinlet” comprises seven chief secretaries, viz.: THE CABINET. A. The Secretary of State, who has charge of the foreign relations of the United States, instructs the American Minlisters at foreign courts, and receives the communications of foreign Ambassadors at the Federal capital. B. The Secretary of the Treasury, who has the care of collecting all the revenues and paying out the same, according to the laws of Congress. The system of checks and balances is complete and very complicated throughout this Department. C. The Secretary of War presides over all army af fairs. D. The Secretary of the Navy has the care of all matters relating to vessels of war, navy yards, officers, and men employed in the navy. E. The Secretary of the Interior attends to the surveys and sales of public lands, and to Indian affairs. 11. Into what departments are executive duties divided? Describe the Federal Cabinet? What are the duties of the Secretary of State? Of the Secretary of the Treasury? Of the Secretary of War? Of the Secretary of the Navy? Of the Secretary of the Interior? Of the Postmaster General? Of the Attorney General? How are the members of the Cabinet appointed to office? How does the Senate check the President? How are checks applied to all subordinate officers of Government? 69

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POLITICAL IDEAS. F. The Postmaster General conducts all the business of the post-office and transportation of the mails. G. The Attorney General is the law adviser of the President and Cabinet. All these officers are appointed by the President, “by and with the advice and consent of the Senate,” which thus, and in all his other appointments, and in the making of treaties, exerts a powerful check on the Executive. And each member of the Cabinet has clerks, employees and subordinate officers and men unider him in every part of the country-all employed in executing their particular portion of the laws of Congress. So fTr as it is possiblefor human ingenuity to accozmplish it, checks and balances are imposed tpon every one of all this army of officials, whereby each is accouttable to some one or more superiors, or to some other branch of the Government.

Thus frauds, negligence and oppression of the people are everywhere jealously watched, and generally detected, exposed and punished. 12. The Executive of each State is assisted by officers named in the State Constitution and elected by the people, such as Secretary of State, Conitroller, Treasurer, Attorney General and Surveyor General, and their duties and those of their subordinates are arranged onll similar principles to those of the Federal officers. The idea of checks and balances is here observed throughout, but, of course, on a smaller scale than in the business of the United States. THE JUDICIARY. 13. The powers and duties of the judges are to 12. How is the Governor of a State assisted in his duties? Are checks and balances preserved throughout the State governments? 13. What are the powers and duties of the Judiciary?

Are the Judges more confined by law than the Legislative and Executive?

What relation do the Judges maintain toward the law? What is the privilege of the people as quoted from the Massachusetts Bill of Rights? To whom must the people look for protection? [LESSON 5 70

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LESSON 5] OF CHECKS AND BALANCES. administer justice, as prescribed by law, in all matters in dispute between man and man that may be brought before them; and to conduct the trial acd decree the punishment of all persons charged with or convicted of crime. They are more strictly confined by law in all their acts than either of the other grand divisions of the government, for they are the high priests of the law, its oracles, its defenders, and its expounders. Their learning, honesty, and fearlessness, are the supreme safeguards of the liberties of the people, whose privilege it is to find a certain remedy by having recourse to the laws, for all injuries or wrongs which they may receive in person, property or character. “The citizen ought to obtain right and justice freely, and without being obliged to purchase it-completely, and without any denial-promptly and without delay-conformably to the laws.” * It is to the Courts of Justice, of every name and degree, that the people must look for their safety and protection fi’om every assault upon their rights and liberties. 14. Besides these powers and duties, which are common to the judges of America and of Great Britain and her colonies, American courts are entrusted with the grave power of deciding whether the laws as passed by the Legislature are “Constitutional;” that is, whether they conforr’n to the State or Federal Constitution as the case may be. If the judiciary decide against the constitutionality of any statute, it is no longer binding on the people. The courts have also the power of deciding what an obscurely worded statute means; and of reconciling laws or parts of laws that are inconsist * See Art. II, Bill of Rights, Constitution of Massachusetts. 14. What peculiar power is entrusted to American Judges?

What is an unconstitutional law? Is such a law binding on the people? What are the powers of the Judges with reference to obscure or contradictory laws? How is the Judiciarya check on the Legislature? 71

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POLITICAL IDEAS. ent with each other. No other country allows such high powers to its judges as this; and these powers operate as a powerful check upon Legislatures, whose careless or tyrannical lawmaking becomes powerless for evil when tested by the touchstone of judicial condemnation.

APPEALS. 15. The system of appeals provided in our laws, furnishes everywhere a complete check upon the injustice that may occur, despite all human precaution, in the decision of any one court. Almost every case may be appealed if there be any legal or technical reason therefor, until two or three examinations or decisions of all the points in different courts shall result in the final rendering of a just judgment. 16. Remembering now the principles stated at the close of Lesson 4, you will bear in mind A. That the American idea of Government preserves the liberties of the people, not only by means of the division of its powers and duties, between the Union, the States, the Counties, Towns and School Districts, but also by a distribution of its responsibilities among three separate but co-ordinate departments: the Legislative, Executive and Judicial. B.

That “in the government of the commonwealth the legislative department shall never exercise the executive and judicial powers, or either of them the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and 15.

What are appeals? Why are they allowed? What is their result? 16. Repeat the principles printed in large type. A. By what two systems of division does the American system secure the distribution of the powers and duties of government? B. Repeat the quotation from the Massachusetts Constitution, about the Legis lative, Executive and Judicial departments.

[LESSON 5 72

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LESSON 5] OF CRECK. AND BALANCES. executive powers, or either of them, to the end that it may be a government of laws, and not of men.” * C. That human nature, if trusted with any degree of political power, will seek to abuse that power to the injury of the people. Therefore no unchecked or irresponsible power shall be given to any man or set of men. But a small share of power shall be given to each of a great number of officers, all of whom shall check the acts, and balance the influence of the others. D.

That the President is a check upon Congress, and of course upon all the subordinate officers in every department of the executive branch of the government, who are appointed by, and responsible to him. E. The Senate is a check upon the President. So also is the House of Representatives, which may impeach him before the Senate for official misconduct. F. The Judiciary is a check, not only on crime committed by citizens, but upon the legislature, whose work it may decide to be unconstitutional. G. The Union is a cheek upon the States, and the States upon the Union. H. The State government, organizing the counties and towns, is a check upon the county and town government. * See Constitution of Massachusetts, Part 1, Sec. 30. C. What will men trusted with power seek to do with it? How must we pre vent the abuse of power? D. What is the President a check upon? The Senate? The House of Reps sentatives? Do these heeck each other? Upon whom is tl Judiciary & check? The Union? The States? The State government?, The Grand Jury? The Legislature? What is the final condition of hol office in the United States? 7 73

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POLITICAL IDEAS. I. The Grand Jury in each county is a check upon all public officers in that county, whom it may present or indict for offenses against the laws. J. The Legislature is a check upon the Judiciary, for the lower house may impeach any Judge before the Senate for malfeasance in office. And finally, no public officer is exempt from the watchful scrutiny of some other public officer, or free from the necessity of rendering an account of his stewardship. Nor is it the fault of the laws if delinquents in office escape the penalties provided for offenses.

LESSON VI. OF THE PRECEDENCE OF THE SEVERAL GOVERNMENTS. 1. We have now seen that under the American system the objects of government are attained without risk to the liberties of the individual, by the division of public powers and duties, and by the careful arrangement of checks and balances.

It remains to explain the order in which the several governments take precedence one of another, without which serious conflicts might be expected to arise between them. TOWNS AND COUNTIES SUBORDINATE TO THE

STATE. 2. Though the several school districts, towns and counties elect their own officers, and to a certain limited extent legislate for themselves at district or town meetings, or S. What is the scope of the legislation of towns and counties? Does the scope of such legislatinm include all the lawmaking required by the people? What branches of law require uniform legislation for many towns and counties? Why is it impracticable for these small districts to enact such laws? 74 [LEssoN 6

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OF PRECEDENCE. through the County Board of Supervisors, the scope of such legislation embraces but a very small part of all the departments of law which affect each individual. You can readily see that, though it is a simple matter for these small districts to provide a schoolmaster, or to repair roads, or regulate fences, the protection of all the rights of the people requires a complete system of much higher law than these. There must be the civil, criminal, maritime, military and revenue law, enacted by some power strong enough to maintain and enforce them. Such legislation by towlus or counties, each for itself, would be impracticable in several aspects: A. It would require as complete a government in each small district as is now required for a State. B. There would be great differences between the laws of the several towns and counties, causing much local inconvenience. C. The small districts would not have the power to enforce the laws. D. The State government would be superseded, because there would be nothing left for it to legislate upon or enforce. 3. For these reasons each State forms but one commonwealth, having one supreme executive, one general legislature, and one system of judiciary. The State government enacts and executes the civil, criminal, and other general laws throughout the State, though the administration thereof be often conducted by the county officers. 4. The towls and counties are formed by the 8. Why does each State form a separate commonwealth? What branches of the laws are enacted and executed by the State in all the counties? Is the administration of State laws intrusted to county officers? 4. What authority constitutes the counties and towns? What government takes precedence of them? LESSON 6] 75

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POLITICAL IDEAS. constitution or legislation of the State, which prescribe the boundaries, offices and jurisdiction of each. Any change in these particulars of county or town organization can only be made by the Legislature of the State, though such measures are also frequently submitted to the vote of the citizens affected thereby. The town and county governments are therefore subordinate to that of the State. THE

STATES SUBORDINATE TO THE UNION. 5. Though the Federal Constitution carefully enumerates the several powers entrusted to the general Government, and forbids to the States the exercise of such as would con flict with them, leaving them otherwise free to enact such domestic laws as they please, yet it often happens that there is a collision between the laws of the two Governments. In order to prevent the consequences of such disagreement, which in Europe would generally lead to civil war, the Federal Constitution provides that “This Constitution and the laws of the United States which shall be made in pur. suance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary nothwithstanding.” * 6. You see now that confusion is avoided, and perfect system secured, by the constitutional order of precedence among the several Governments. First in authority is the Constitution of the United States. * Constitution of U.S., Art. VI, Sec. 2. S. What is the provision in the Federal Constitution for preventing collisions between the several States and the Union? Which of thele governments takes precedence of the other? 6. State the order of precedence from the Union down? 76 [LEMON 6

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OF PRECEDENCE. Second.-Acts of Congress, and treaties made by the President and Senate with foreign Governments. Third.-The Constitutions of the several States, each in its own State only. Fourth.-Acts of the several Legislatures. Fifth.-Ordinances adopted by County Supervisors, or by Municipal or Town Governments. 7. No ordinance passed by a town, city or county government will be binding if it conflicts with an Act of the State Legislature or State Constitution, or an Act of Congress or foreign treaty, or, above all, the Federal Constitution. No Act of a State Legislature will be valid if it conflicts with its State Constitution, with an Act of Congress, with a foreign treaty, or the Federal Constitution. No Act of the Federal Congress will be valid if it con.

flicts with the Federal Constitution. ORDER IS IIEAVEN’S FIRST LAW. 8.

Thus, as their several moons revolve about the planets, and the planets around the sun, so the towns and counties are kept in their places by the States, and these in turn by the central Government at Washington. By the division and subdivision of territory, by the distribution of powers and responsibilities among numerous officers, and by the precedence of the several Governments, the whole American system is fitted together in such a manner as to accomplish all the objects of government without any danger to the liberties of the people. It is the greatest monument of State-craft ever erected by human wisdom. As in navigation, men first invented the raft, then the canoe, the galley, the sailing vessel, and lastly the steamer, so their ideas of government progressed slowly and gradually from the mili 7. State the limitations to the powers of each government from the town up? 7* LESSOt 6] 77

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POLITICAL IDEAS. tary despotism of the savage, up to American Republican.

ism. When men have so far relapsed into barbarism as to prefer the raft or the canoe to the swift and luxurious though complicated steamer, then only will it be consistent for them to abandon the highest form of political civilization for the old fashioned and imperfect makeshifts of monarchical misrule. May the day never dawn, when chaos shall displace the elaborate and polished order on which depend the peace and progress of our happy people. NOTES.-Mr. Webster said; “The first object of a free people is the preservation of their liberty, and liberty is only to be preserved by maintaining constitutional restraints and just divisions of political power. Nothing is more deceptive or more dangerous than the pretence of a desire to simplify government. The simplest governments are despotisms; the next simplest, limited monarchies; but all republics, all governments of law must impose numerous limitations and qualifications of authority.

In other words, they must be subject to rule and regulation. This is the very essence of free political institutions * A separation of departments, so far as practicable, and the preservation of clear lines of division between them, is the fundamental idea in the creation of all our constitutions; and doubtless the continuance ofregulated liberty depends on maintaining these boundaries.” Works of Daniel Webster, Vol. IV, p.

122. LESSON VII. OF REPRESENTATION. 1. The word “Sovereign” means supreme in power; superior to all others; highest in power; chief; independent of, and unlimited by any other; possessing or entitled to original authority or jurisdiction.” * The word “Sovereignty” signifies the right to exercise supreme power.” Now in any form of government in which the people,

Webster. 1i Define the words” Sovereign,” and “Sovereignty”? Where does Sovereignty Teside in monarchical governments? What is the Sovereign power in England? Who s Sovereign in Russia? In Germany? In the United States?

Why cannot Sovereignty be said to reside in any of the American Governments? The people being Sovereign, what than ai’e the governments?

[LESSON 7 78

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OF REPRESENTATION., being subjects, are not consulted by their king, or other rulers, the Sovereignty resides in the Government. In Great Britain the Parliament is the sovereign power.~ In Russia, the Czar. In Germany, the Emperor. But in the American system the people are sovereign.t Their government is “by and for the people.” We have seen that its distribution of powers and duties, and ever present checks and balances, among many constitutions, public officers, and districts, prevents either the Federal, the State, or subordinate governments from enjoying such supremacy as would comply with the definition of sovereignty. The people, therefore, being sovereign, their various political institutions are but the creatures of their will, or machines designed for the benefit of those who use them. 2. What is an agent? “One who is entrusted with the business of another -a substitute; a deputy.” lVhat is a representative? “Onie who represents or stands in the place of anotheran agent; deputy, or substitute.” Thus, a lawyer is the agent or representative of his clients for transacting their business before the courts. A commission merchant is an agent or representative of distant parties for buying and selling goods. A bookkeeper is the agent of his employer for keeping his accounts.

3. What is the maxim of the law on the subject of agency? ” He who acts through another, acts himself.” * First Blackstone, 51. t Webster. t Cal. Political Code, sec. 30. Qui facit per aliam facit per se. 2. What is an Agent? What is a Representative? Name some kinds of agency inch as you are familiar with? 3. What is the maxim of the law on the subject of agency? LEssoN 7] 79

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POLITICAL IDEAS. 4. What saying of Jesus Christ was quoted in Lesson I, on the subject of Equality? ” He that is greatest among you shall be your servant.” 5. What then it representation in the American system? It is the sending by the people, who are sovereign, of one man elected as the servant or agent of a great number, to vote, and act in their place and stead, in some special and limited capacity in the City, Town, County, State, or Federal Government. 6. When representatives have been elected, are they the MASTERS of the people, because for the term of their ofces they are their RULERS? On the contrary, they are the servants of those who send them. And this service is the greater in proportion to the number of citizens whose votes elect the officer. Thus, the Mayor of a city is the servant only of all the people of the city. But the President of the United States is the servant of the whole country.’ 7. -To whom are all public ojfers in the United States directly or indirectly responsible? To the people, directly when they are elected, indirectly when they are appointed. All members of the Legislative branch are elected, except when the Executive is empowered by the Constitution to fill a vacancy. Their responsibility to the people is direct. The Judiciary are also generally elected, though under the Federal Constitution, and in some of the States, the Judges are appointed by the Executive and confirmed 4. What said Jesus Christ on the subject of personal ambition? 5. What is Representation in the American system? 6. Are the officers chosen to represent the people, the masters or servants of the people? A. To whom are all public officers accountable? HIow? Who are directly respondsible to the people? Who indirectly? 80 [LESSON I

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OF REPRESENTATION. by the Senate. Their responsibility is direct when elected, indirect if appointed. The Chief Executive is always elected. So also are the Executive County Officers, and in some of the States the principal subordinate Executive State Officers. But generally, all the minor officers who are under the orders of the Executive, hold their offices by his appointment. This is especially the case in the revenue service, the army and navy, and in the State civil service. The Chief Executive is directly responsible to the people, but the responsibility of all his subordinates is indirect. 8.- What is meant by representation of representation 2 There is an instrument known among lawyers and business men by the name of “power of attorney.” It is a paper whereby one person gives to another the power or authority to do certain things in his name, and therein to bind him as if he had done them himself-say, to sell land or to receive or pay money. But as the person holding the power of attorney may be sometimes sick or absent, or unable to do all the work without assistance, the document usually contains the words “with power of substitution or revocation,” which means that the agent has the power to employ a third person to do the business entrusted to him, at his discretion and at his risk. Now the power given to certain (not to all) public officers by election, is similar to that in the “power of attorney.” And when a third party is employed by an agent, such third party is a representative of a representative, or an agent of an agent. 9.

Does the principle of representation of representation extend throughout the American system.? It does. Thus all the people do not vote at elections, 8. Explain what is meant by representation of representation?

9. Does this principle extend throughout the American system? Give some in. stances of it? LEssoN 7] 81

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POLITICAL IDEAS. but this right is confined to men who are above twenty-one years of age. Women and children do not vote, because they are nearly always dependent on a man for support and protection. As the family is a natural institution existing before all forms of government, and found everywhere, among savage as well as civilized people, the framers of our Constitution accepted it as they found it, and never thought of interfering with it by making its memnbers politically independent of each other. So, as by nature the labor and responsibility of supporting and educating the family devolve upon the man, the burdens of citizenship were by law added to his cares; and the head of the family was assumed to vote as the natural representative of his wife and children. The members of all legislative bodies, the Chief Executive and Judicial officers are elected by the votes of men, who cast their ballots partly as representatives of their families. All elected officers are therefore representatives of representatives, so far as the families of voters are concerned. But the State Legislatures elect United States Senators. Hence, the Senator so chosen is a representative of the Legislature, whose members represent the citizens, who represent their families. Again, the President and Senate appoint all the principal collectors of revenue throughout the country.

These collectors each appoint their own clerks and inspectors. Here the same principle is applied to the fourth and even fifth degree. But the clerks and inspectors are responsible to the collectors, who appoint them.

The collectors are responsible to the President, and the President to the people. Besides this political responsibility which regulates the tenure by which subordinate officers hold their places, they are held to direct legal accountability to the people through 82 [LEssoN 7

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OF REPRESENTATION. the Courts if guilty of embezzlement, fraud, or other crime or misdemeanor while in office. 10.- Why are not all Governmnent officers elected by the people? Because responsibility to the people only, being but a political and moral, and not a direct pecuniary responsibility, is too remote to be of itself a sufficient safeguard against malfeasance in office. Because the system of checks and balances requires discipline in the Executive Department, which could not exist if each officer were independent of all others and accountable only to the people. It is necessary for the dispatch of public business that the chief officer should have power to select his own assistants, and to discharge them at once in case of insubordination or dishonesty. Otherwise, he could not himself be held justly responsible for his own administration.

Furthermore, if the attention of voters at elections were distracted by a multiplicity of candidates, while their choice were limited by party nominations, bad men would be more likely to be chosen to office than when subordinate positions are filled by an Executive who can be held responsible by the people for his selections. 11.- Are all public offcers in the United States paidfor their services? The principle herein is that “every free man to preserve his independence, if without a sufficient estate, ought to have some trade or calling whereby he may honestly subsist”;* that as all offices cannot be filled with rich men, which would at once create an aristocracy, the State has no right to compel the individual to sacrifice his time and talents to the public good without a compensation at least * Constitution of Vermont, Chap. II, Sec. 25. 10, Why are not all public officers elected by the people? 11. Whgt Is the principle on the subject of paying salaries to public officials? Are any pablic offices merely honorary? Name some of them? LESSON 7] 83

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POLITICAL IDEAS. equal to what he could earn in private life. Hence, all those offices requiring any considerable portion of time and skill are accompanied by a proportionate salary or fees. There is great care taken, however, that the emoluments of office shall not be excessive. There is also a class of offices requiring but small expenditure of time, which are deemed sufficiently paid by the honor they confer upon the office-holder.

Thus the positions’of County Supervisors, City Aldermen, Town Selectmen, and members of the Boards of Education are generally offices of honor.

12.- Why are all terms of offce SHORT in the United states? A. Because men elected or appointed for a long time or for life, no matter how honest they may be at the beginning, would by and by be tempted to tyrannize over the people, and probably try in some unlawful manner to retain or increase their power by force. B. Because in the event of a bad man’s election or appointment he can do but little harm during a year or two, while if he were not removable for many years, he might rob or oppress the people, perhaps even to the point of provoking revolution. C. Because frequent elections keep the people watchful of public men and measures. Society, like water and air, requires frequent agitation to keep it pure. If elections occurred too far apart, designing men would have too much time in which to plot their own advancement at the public expense. D. Because newly elected men will more faithfully carry out the people’s wishes than those who have held 12. Why are all terms of office short in the United States? State all the four reasons given in the text? [LEssoN I 84

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OF REPRESENTA TION. office long enough to forget their accountability to the people. “The new broom sweeps clean.” 13. Whtat says the Declaration of isights of Massachqsetts on this subject? “In order to prevent those who are vested with authority from becoming oppressors: the people have a right, at such periods and in such mnanner as they shall establish by the frame of government, to cause their officers to return to private life, and to fill up vacant places by certain and regular elections and appointments.” * W/w,t says the Constitution of Maryland? ” That a long continuance in the Executive Departments of power or trust is dangerous to liberty; a rotation therefore in those departments is one of the best securities of permanent freedom.” t 14. What is thle attitude of public officers in the United States, toward the people? They are in every sense the servants of the public, that is of the whole public, regardless of the party or friends who elected or appointed them. The whole people have enacted the constitution which has created the offices, and pay the taxes or fees which furnish the compensation for work done for the whole, not for a portion of the people. Consequently, the officers must work for the public, not for themselves or their private friends. No officer can lawfully hold his office for any longer time than that for which he was elected or appointed. But if he be ambitious to serve the public well, they can, and generally will reelect * Part I, Sec. 8. t Maryland Declaration of Rights, Sec31l. 18;. What says the Constitution of Massachusetts on this subject? What says that of Maryland? 14. What is the attitude of public officials in the United States towards the people? Are they at liberty to use their offices for their own or their friends’

benefit, at the expeese of the public good? What is the only field for honest ambition? What is the consequence of dishonest ambition? Why? 8

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POLITICAL IDEAS. him, or promote him to a higher office. This is the oily field open to honest ambition in our country. Dishonest ambition can never be indulged, except the system of government be corrupted or destroyed, for it is the arch enemy of human liberty. 15. All public officers of every namne and degree ar,e pub licly spoorn to do their duty according to the Constitution and laws. What is the nature of this oath? It is solemnly calling God to witness,that the person taking, it is sincere and honest in his intention to perform his whole duty in accordance with the requirements of the authorities creating his office. Whoever violates an oath is guilty of perjury. 16. What crimes does that office-holder comnmit who zses his position) to steal the public money; who sells or trades his vote as a legislator; or who in any manner sacri~fees the good of the people to his otwn or his friends’ private advantage? Several crimes are involved in every such action. 1st. Perjury in all cases. 2d. Breach of trust. 3d. Larceny or theft. 4th. Treason to the Constitution. 5th. Injury to the rights and liberties of the people. And there may be a repetition of these crimes in the same act, or there may be other offenses committed, according to the nature of the malfeasance. Remember this, that no man can betray his trust as a public officer in the United States, without being of a nature so contemptible as to be a fit associate only for thieves and outcasts of society. Whatever there is of honesty, manliness, patriotism, conscience and honor in the human character, cries 15. Are public officials all sworn to do their duty? What is the nature of this oath?

What crime is committed by taking a false oath, or violating an oath? 16.

What crimes does the office-holder commit who uses his position to steal the people’s money, who sells or trades his vote as a legislator, or benefits himself or friends at the public expense? What is the character of the man who is capable of violating his trust as a public officer in the United States? [LEssON I 86

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LESSON 8] FREE OPINION AND PUBLIC OPINION. out aloud for strict fidelity in trusts of this nature. No man can be capable of betraying them without first parting with every virtue that makes him worthy the name of an American citizen! NOTES.-(a) The Constitution of Vermont declares “thiat all pcwer being originally inherent ill, and consequently derived from the people, llI officers of Government. whether legislative or executive, are their trustees and servants, and at all times In a legal way accountable to them. “-Chapter 1, sec. 6. The Declaration of Rights in the Massachusetts Constitutiou uses the samelanguage, substituting the words”

substitutes and agents” for “trustees and servants.”-Pars 1, sec. 5. (b) The Constitution of Vermont provides that “whenever an office, through increase of fees or otherwise, becomes so profitable as to occasion many to applly for it, the profits ought to be lessened by the Legislature. And it any officer shall wittingly and willfully take greater fees than the law allows him, it shall ever after disquslify him from holding any office in this State, until he shall be restored by act of legislation. “-Chapter 2, sec. 25. LESSON VIII. OF FREE OPINION AND PULBLIC OPINION. 1. In Lesson I, you learned that ” the principal object of the 4Amnerican formn of governmenet is to secure the political liberty of every human being,” and that “political liberty is the free(lo’n to every indivi~ual to do as he pleases, so long as he does no evil to any one else.” * Comprehending these two principles, and accustomed as native born Americans are to live in the secure enjoyment of this liberty, the numerous declarations and prohibitions in the Bills of Rights of the several States seem useless and meaningless to this generation. Never having felt the weight of the old tyranny out of which our fathers so slowly and painfully educed the code of American Ideas, and not being much inclined to study the history of the past, we are apt to forget the suffering entailed upon our *Lesson I, 5.

1. State the two principles quoted from Lesson I? 87

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POLITICAL IDEAS. progenitors by a muzzled press, prohibition of free thought, of free speech, of free association and communication. We ignore the tyranny of a State Church, of religious persecution, of orders of nobility, of taxation without representation, of military rule, of legal monopolies, of inquisitorial trials, of forced loans, of popular ignorance, and of the rights of conquest. We are but little disposed to remember that these things ever existed; and by this very ignorance we are liable to the gradual revival, at the hands of ambition and intrigue, of all the evils from which the wisdom of our ancestors has thus far protected us. To explain the meaning of the principal ideas contained in American constitutions and laws, and thus forewarn the coming citizen of the dangers to which political liberty is always exposed, is the chief design of these lessons. 2. Can any one be free who tis not allowed to THINK as he pleases? Clearly not. ” As a man thinketh so is he.” Man was created in the image of God. He is endowed with mind and soul. He has reason, understanding, mnemory, imagination, invention, end other faculties which are immortal. By the use of these talents he must make a living for himself and those dependent on him in this world, and according to their development he expects his future existence to be happy or miserable. 3. But so)lue mnen are better thinkers than others, or have had mnore time and o2,portunities to learn. TVhy wo?dd it not be better, therefore, that sutch minds should do all the thirikiny, and the rest be compelled to believe them? Because each man is responsible only to himself and his Maker for his own thoughlts. The power to think exists 2. Can any one be free who is not allowed to think as he pleases? Why not? 3. Why ought not the best thinkers be allowed to compel others to believe them?

Have men a right to interfere between any man’s thoughts and himself or his Maker? Can the attempt to regulate opinion by force succeed? What does it result in? 88 [LESSON 8

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LESSON 8] FREE OPINION AND PUBLIC OPINION. in every healthy mind; and when God has given the power, and made the happiness of every man and his dependents contingent upon the use he makes of it, it is not for any other man to deny him the right to exercise that power.* Indeed, the attempt to.

make men think alike by force, while it is the vilest kind of tyranny, can never succeed. It only makes them hypocritical and deceitful, and a nation of hypocrites can never be free. 4. But in a society where every man does his own think ing, must there not be great differences of opinion, leading to error, to sectarianism, to party feeling, and thus endan geriny the public peace? The law of Nature, which America has made the law of the land, provides a remedy for all such differences, with out the necessity of any interference by force. This is the equal right all possess of enjoying individual opinion. Cromwell said*: “Approbation (i. e. approv.

ing what one hears) is an act of conveniency, not of necessity. Does a man speak foolishly? Suffer him gladly, for ye are wise. Does he speak erroneously? Stop such a man’s mouth with sound words that cannot be gainsaid. Does he speak truly? Rejoice in the truth.” * 5. Every man has the right to disprove what he thinks is another’s error, and the universal reason or common sense in the hearers of both parties will generally decide which of the two is right. “Truth is mighty and will prevail.”

“Truth, crushed to earth, will rise again.” Contests * “Prove all things, hold fast to that which is good.” - I Thess., v: 21. t 1 Thurloe, 161. 4.

Must not freedom of opinionrlead to confusion and discord in society? Why not? 5. Have men the right to disprove one another’s errors? What decides between them? Quote the proverbs about Truth? Can any one’s opinions injure another in such a way that society is justified in interfering? In what case only can the State interfere? 8* 89

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POLITICAL IDEAS. of thought are mental combats. No man’s mere opinions can injure any one who is not forced to receive them. The State has no right to punish what does no injury to another. But if the holding of an opinion leads its votaries to break or oppose by violence the laws of the land, then the power of the State will be used, not to crush the opinion, but to put down the violence that has resulted from it. 6. We htave already seen that the.American Government is a systemn of institutions created by the people and for the people, and that the men who adini)ister the governmnent as well as the laws they make and execute, 2nust be such as the people choose. Now, could the people have any choice in such mnatters unless each individual had the right to think, speak and act as he pleased? Certainly not. These rights must be universal and inal ienable, or tyranny would at once result. If one part of society had the power forcibly to compel the silence of the remainder on any subject, the liberties of that remainder would be at themercy of the others. De Tocqueville says: ”’ Society canll only exist when a great inumber of men coni.der a great number of things in the same point of viewwhen they hold the same opinions upon many subjects, and when the same occurrences suggest the same thoughts and impressions on their minds.” Now a people can not think as a society, unless they have the power and liberty to think as individuals. 7. What is Public Opinion? a Public opinion is nothing else than the result of individual opinions modified by one another.“t Democracy in America, p. 424. t 1 Lieber’s Pol. Ethics, p.

257. 48. Could American institutions exist without freedom to think, speak and act on the part of every person? What would result if some could enforce silence upon others? Can people think as a society without the freedom to think as individuals? I. What is Public Opinion? 90 [LESSON 8

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LESSON 8] FREE OPINXIOV AND PUBLIC OPINION. 8. TVhat is to be understood by the political proverb, “‘The voice of the people is thte voice of God”

( Vox populi, vox Dei )? It means that as the God-like attribute of reason is inherent in each individual, so the united reasoning of many individuals on the same subject, after such discussion as shall have neutralized each other’s passions and prejudices, must be nearer right than any other human authority. 9. Is this doctrine generally accepted outside of the United States? It is not. Even in England, it was never recognized at all until the revolution which dethroned Charles I in 1648,*
since whei, its progress has been so slow and gradual that even at this date its most persistent efforts among the people and in thie House of Commnons are continually defeated, or at least checked, by her timehonored aristocracy in the House of Lords. And though on the Continent the people hlave so far been inspired by the example of the United States as to claim constantly more and more of their natural rights, the day seems still distant when public opinion will be recognized as the only foundation of the Government. This idea has still much to contend with in the teachings of the doctrine of ” divine right,” whose devotees deride the notion that wisdom can reside in the breasts of the common people. These claim that the truth is to be learned only from the authority of the past, and that the men of the present have only to obey, without daring to examine for themselves whether the * 3d Bancroft, 10. 8.

What is meant by the proverb, “The voice of the people is the voice of God? 9. Is the authority of public opinion generally accepted outside of the United States? How is it in England? How on the continent? What do the adherents of Divine Right think of it? What do they predict for the United States? What does our history prove in opposition to them? 91

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POLITICAL IDEAS. dogmatism that commands them be entitled to their respect. Such teachers deny that under a “mob government,” as they call ours, there can be anything permanent, safe, true or honest. War-worn for generations as they are themselves, they are continually predicting for us rebellion, discord, civil commotion and anarchy. That these prophets of evil have been steadily disappointed (with but one exception) during nearly a century of domestic peace; a century witnessing in the United States the most wonderful growth ever attained by any nation in a similar period, is practical proof that our institutions are based upon everlasting truth. 10. You stated that ” Public Opinion is nothing else than the r2esult of individual opinions iodired by one another.” Now whatfreedomn other than that of individual thought is necessary that men may exchange their ideas, so that their modification by one another may form public opinion on any subject? A. Freedom of Speech, which is the free right of saying what one pleases both in private and in public, so long as he does not injure another by slandering him. B. Freedom of the Press, which is the free right to print and publish in any manner whatever one chooses, though it be against the government: subject to penalties for libeling individuals or corrupting the public morals. C. Freedom of Assembly, which is the free right to hold meetings for any and all objects, so long as such meetings are not held for riotous purposes, or intended to break the public peace. D. Freedom of Communication, which is the free right to travel at one’s own pleasure, and to send letters and publications through the public mails or otherwise, without 10. What freedoms are necessary to the formation of public opinion? What is freedom of Speech? Of the Press? Of Assembly? Of Communication? OfAssociation? 92

[LESSON 8

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LESSON 8] FREE OPINION AND PUBLIC OPINION. any risk of having the correspondence opened, read or appropriated by any other than the person to whom it is addressed. E. Freedom of Association, which is the free right of choosing one’s own associates, and of forming societies, clubs, parties or corporations for any purpose not inconlsistent with the laws, or designed to interfere with the rights of others. U1. Upon what basis rest cull American Constitttions, laws and institutions, w,hether political or social? Upon Public Opinion. NOTES.-” There is a force which cannot be enclosed by laws, which when need be can dispense with institutions (as in the case of Lynch Law and Vigilance Committees, H.)-it is the force of ideas, of the public mind and opinion.” Guizot’s Hist. of Civ. in E]Zrope, VII. 107. “I know one,” said Talleyrand, “who is wiser than Voltaire, and has more understanding than Napoleon himself, and all ministers who ever were, are and will be, and this one is’ Public Opinion.’ “-1 Lieber Pol. Etlties, 257, “The Anglo-Americans acknowledge the absolute moral authority of the reason of the community, as they acknowledge the political authority of the mass of the citizens: and they hold that public opinion is the surest arbiter of what is lawful or forbidden, true or false. The majority of these believe that a man will be led to do what is just and good by following his own interests rightly understood. They hold that every man is born in possession of the right of self-government, and that no one has the right of constraining his fellow-creature to be’ happy. They have all a lively faith in the perfectability of man; they are of opinion that the diffusion of knowledge must necessarily be advantageous, and the consequences of ignorance fatal.

And they all consider society as a body in a state of improvement; humanity as a changing scene in which nothing is or ought to be permanent; and they admit that what appears to them to be good to-day, may be superseded by something better to-morrow.”-De Tocquteville, 425. This description of American peculiarities would not have been written by the observant Frenchman, had not his book been addressed to his own countrymen, whose ideas on this subject he implies to be in perfect contrast with ours. 11. Upon what basis do all American Institutions rest?

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POLITICAL IDEAS. LESSON IX. . OF FREE SPEECH, FREE PRESS AND FREE

ASSEMBLY. 1. The first amendment to the Federal Constitution reads: “Congress shall make no law abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.” The Constitution of New York says: “Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or of the press.* The Constitutions of all the other States contain clauses expressing the same idea in nearly the same words. 2. Why are the rincipl’es of free speech, free press and free assembly, so universally and clearly stated? A. Because under a Government existing only by virtue of public opinion, it is necessary that the people should freely communicate with each other in order to agree on the men to be elected, and the measures to be adopted for the common good. Through free speech addressed to a free assembly, one man may talk to thousands. Through a free press circulated by free communication, he may influence tens and hundreds of thousands. Without either, the thoughts of each man, like prisoners each in his own cell, could hold only whispered converse with one another. B. Because it is necessary that all the doings, * Art. I, Sec. 8. 1. Repeat the quotation from the Federal Constitution on the subjects of free speech, free press, and free assembly? What says the Constitution of New York on this topic? What say the other State Constitutions? 2. Why are these principles so universally and clearly stated? State the substance of the resons given, using your own language?

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LESSON 9] FREE SPEECH, FREE PRESS, ETC. and especially the misconduct of the public servants should be constantly reported to their employers-the people. It is through the press that we receive the accounts of their stewardship. If the press were not free, the public liberties might be attacked without the people knowing it until too late. C. Because the individual intelligence necessary to form sound public opinion requires the universal reading of what has been said or done or discovered in the world. This cannot be unless the press be free. D. Because tyrants, like the owl or the mole, operate only in the dark. “M len love darkness rather than light, because their deeds are evil.” * The light of free publicity drives before it the machinations of all public enemies. Acts of tyranny, being made known to all the people, would speedily cease their assaults upon individual liberty. 3. It what cottatries besides the United States are these three rights guaranteed to the people? Only in England and her colonies. In all countries ruled by force, neither of them are allowed.

Especially are newspapers in such countries placed under the supervision of the police. Absolute or despotic governments are always ill danger from active and intelligent minds among their subljects, who, if allowed, would labor to bring others to their way of thinking; thus forming conspiracies and causing revolutions, which would tend to overthrow the government.

Hence the publication of newspapers in those countries is allowed, only on condition that nothing shall be printed therein which may displease the Government. * John iii: 19. 8. In what countries are these rights guarantied? How is it in Continental Europe? Under what conditions are newspapers printed there? How arc books printed there? Are all books, papers, and periodicals allowed free circulation there? 95

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POLITICAL IDEAS. If this condition be broken, the editor is fined or imprisoned; and as a final punishment, his paper is stopped by the police.

No book is allowed to be printed in such countries except it be previously approved by government censors, who refuse permission to print if it contains anything obnoxious to the ideas of the Court. Books and periodicals published in free countries are often refused admission into certain European States. The late Emperor of France was very jealous on this subject. 4. What is the office and i/fluence of the newspaper in the United States? The American newspaper is as indispensable to our institutions as air is to the lungs, or the sun to the organ of sight. It gathers from all quarters of the world the materials for cotemporary history. Under the name of “news,” it photographs all passing events, and holds them up before the eye of the nation as if painted in an ever-moving panorama. Controlled by the most active minds among the people, it informs them of war and peace, of the dealings of governments, of the movements of commerce, the triumphs of invention, and of progress in the arts and sciences. In politics it is almost omnipotent. Taking in hand the candidate for office at the moment he enters public life, it scans his every act and divines his most secret motives. It exalts him at will into a hero or degrades him into a felon. It reports his speeches, records his votes, commends or criticises his course to his constituents. It catches the fleeting rays of public sentiment, refiacts them in its powerful lens, and then like a revolvinglight it re 4. What is the character and influence of the newspaper press in the United Slates? What is included under the term “news”? What power has the newspaper in politics? How does it reflect public opinion? How are its faults counteracted? To what is the newspaper compared in the text? What would result in the Unitea States if newspapers were suppressed? [LESSON 9 96

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LESSON 9] FREE SPEECH, FREE PRESS, ETC. fleets them back again intensified a thousand fold over the whole space within its horizon. As the established organ of public opinion it has almost supplanted the platform and the pulpit. Sometimes erroneous, sometimes bitter and spiteful, it would attemnpt mischief in some quarters if not counteracted by truth from another direction. Even when recklessly partisan, the faults of each side, neutralized by the other’s efforts, fall harmless on the public minid. The newspaper press in America is the nervous system of the body politic. But the nerves can give no sensation, nor quicken the limbs, unless they be free to act. If they be bound or injured, the limbs fall helpless and palsied. Unless the press be free, public spirit must cease, for the great means of “modifying individual opinion by each other” would be taken away.

And thus, in the absence of public opinion, the commonwealth, unsuspicious and ignorant of its true condition, would fall a prey to the intrigues of personal ambition. 5. What passage of scripture suggests the American idea of free and universal publicity? “There is nothing covered that shall not be revealed, and hid that shall not be known. What I tell you in darkness, that speak ye in light. And what ye hear in the ear, that preach ye upon the house-tops.”* 6. Is the right offree assembly acknowledged by monarchical governments? Under all governments maintained by force no such thing as a political meeting can take place, except in secret, and then if detected, it would at once be broken up by the soldiery, and the persons composing it * Matthew x: 26, 27. 5. What text from scripture suggests the American idea of publicity? 6. Do Kings generally recognize the rights of free assembly? What assemblies are permitted under monarchical governments, andcl hQow are they watched and reated? 9 97’

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POLITICAL IDEAS. sent to prison. So fearful of conspiracy are some of the rulers under that form of government, that if more than three persons are seen talking together in the street they are dispersed by the police.*

Large assemblies of the people are there permitted only at church or at places of amusement, and then they are closely watched by the government agents or spies. 7. We have quoted the clause from the State Constitutions, allowing to every individual the freedom of speech and of the press, “he being responsible for the abuse of that freedom.” In what does that abuse consist? ” Political or civil liberty (see Lessons 1-5) is the freedom to every individual to do as he pleases, so long as he does no evil to any one else.” The freedom of speech and of the press is limited, by our Constitutions, precisely according to this definition. And the abuse of this freedom consists in speaking or writing injuriously about another person, whereby his or her honesty, integrity, virtue or reputation is impeached or natural defects published, thus exposing such person to public hatred, contempt or ridicule. Such language when merely spoken, is called “slander.” When written and published it is called “libel.” A person guilty of either may be sued for damages by the injured party; and libel is moreover treated as a crime, or public offense; and subjects the offender to a criminal prosecution, followed by fine and imprisonment. 8. Is there any other limitation to the freedom of the press than the laws against libel? Yes. Any obscene, low, and vicious publication, whose object is to corrupt the public morals, can be suppressed, * See Washburne’s History of Paraguay, 187. 7. In what does the abuse of the rights of free speech and free press consist? What is slander? Its punishment? What is libel? Its two punishments? S. Is there any other limitation to the freedom -of the press than punishment for libel? What? 98 [LEssON 9

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LESSON 9] FREE SPEECH, FREE PRESS, ETC. and its writers and publishers punished like other offend ers against the laws. 9. Are there any persons privileged by law to use any language they please, without being responsible for the abuse of that liberty? Yes. The Federal Constitution *
speaking of Senators and Representatives in Congress says, “for any speech or debate in either house, they shall not be questioned in any other place.” The Massachutsetts declaration of rights says, t ” The fireedom of deliberation, speech aind debate, in either house of the Legislature, is so essential to the rights of the people, that it cannot be the foundationi of any accusation or prosecution, action or complaint in any other court or place whatsoever.” The same privilege is yielded of necessity to all members of Legislative bodies throughout the country. It is also accorded to lawyers when pleading for their clients in court. No matter how bitter or injurious his speech against the opposite party or his witnesses, the lawyer cannot be punished for it. For if he gains his case, it will all be presumed to be true, and therefore necessary in obtaining justice; and if he loses his case, the judgment rendered against his client by the court will render harmless what will then appear to be false. 10. There is also greater latitude allowed to newspapers inl their criticisms of all public chlaracters-such as public officers, performers, authors, speakers and writers, than in relation to private persons, so long as that criticisln be applied only to their relations to the public.

The criminal * Art. 1, Sec. 6. 9. Who are privileged to say what they please without limit? Why? Quote from the Federal Constitution? From the Massachusetts declaration of rights? 10. Whom may the newspapers criticise with the greatest freedom? What Is the limit of criticism of a public character? What its justification? Quote from the law of libel? 99
t Sec. 21.

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POLITICAL IDEAS. law of libel provides that in all prosecutions for that offense, “the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.” * In writing concerning government officers, and of others who serve, amuse, or make their living off the public, the public good often justifies the use of language that would be punishable as libelous if used concerning a private person. 11. Why is it that the freedom of speech, of the press and of assembly are the great means of strengthening and perpetuating our form of Government, while they are so much feared by despotic governments? Because with us the people are the rulers, and these rights accorded to the people are exercised by the only source of power in the government. Hence they are with us only the tools of the workman, without which he could not exercise his calling. But under monarchies, the rulers and the ruled constitute two separate strata in society, the one above the other. Should the lower stratum, i. e. the people, be allowed the use of the means of public agitation, they would soon turn them into weapons for the destruction of the upper stratum. Hence the fear on the part of the rulers, of permitting any privilege which might bring the people to one mind in opposition to their own. With Kings and Emperors, as with men in general, ” self preservation is the first law of nature.” 12.

To what extent are the doings of public offcers published in the United States? * See the Statutes of any State on Law of Libel. 11. Why are free speech, free press, and free assembly the bulwarks of our form of government, while they are hostile to despotisms? Explain this fully in your own language? 1X. To what extent are the acts of public officers published in the United States? State fully? 100 [LEssON 9 .:1…..’.

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LESSON 9] FREE SPEECH, FREE PRESS, ETC. Every word uttered and vqte east in meetings of Congress and of all other Legislative bodies is taken down by short hand reporters, and immediately published throughout the Union, or state or city interested therein. Every act and proclamation of the Executive and heads of departments, every decision of every court of record, all the doings of foreign ministers, and the movements of the army and navy are also forthwith published. Anld this is not merely allowed as by courtesy on the part of public officers. It is made obligatory upon them by law, and in all legislative halls, in courts of justice, and public offices, provision and accommodation is always made for the use and convenience of the press. In this manner only can the people know how their servants in the government are doing their duty. 13. How is all this under other Governments? In England and her colonies, the reports of public proceedings are nearly as full as our own. But on the continent of Europe there is no publication allowed, except of so much, are rather so little, as the authorities see fit to communicate. Of the detailsof Government acts, and especially as to the measures intended, or in progress, the people, whose right to be consulted is not there recognized, know absolutely nothing. NOTES.-” The first fair play was given to a free press in the Netherlands.”-Lieber’s S. G. and C. L. 89 n. “On September 20th, I647, it was decreed by the republican government of England (under Cromwell) that no book henceforth be printed without previously being read and permitted by the public censor, all privileges to the contrary notwithstanding. House searches for prohibited books and presses should be made, and the Post Office should despatch innocent books only. All places where printing presses might exist should be indicated by authority.

Printers, publishers and authors were obliged to give caution money for their names. No one 18. How is this under other forms of government? 9*

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POLITICAL IDEAS. was permitted to harbor a printer without permission.

Book itinerants and ballad singers were whipped and imprisoned.”-LIeber’s S. G. and C. L. 94. This law drew forth from the celebrated John Milton his “Speech for the liberty of unlicensed printing,” one of the most cogent arguments in opposition to tyranny ever written. See Milton’s Prose Works. “The liberty of unlicensed printing was first and finally granted in England about I688.”-3d Bancroft, 11. “In I692 the colonial press, in spite of royal instructions, was generally as free in America as in any part of the world.”-3d Bancroft, 102. LESSON X. OF FREE COMMUNICATION. 1.

In Lesson 8, on free opinion and public opinion, you learned that freedom of communication was one of the means required for the formation of public opinion. And this right was defined as “the free right to travel at one’s own pleasure, and to send letters and publications through the public mails without any risk of having the correspondence opened, read or appropriated by any other than the person to whom it is addressed.” How (oes this freedom contrast with that allowed under monzarchical #overnmen.? In Great Britain and her colonies the people are as free in this respect as our citizens. But throughout the continent of Europe all travellers are looked upon with suspicion, and are jealously watched and traced from place to place, and country to country, by the police. No stranger is permitted to enter any frontier town unless he has a 1. Is free communication a necessary means of forming public opinion? Why?

Without it, how could the people in the various states or countries learn each other’s opinions? How do you define free communication? Does this freedom exist in Europe? Describe the passport and its object? 102 [LESSON

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FREE COMMUNICA TION. “passport” issued by the authorities of his own country; that is, before he leaves home he must prepare himself with a paper “character” telling who he is, where he comes from, his age, business and general appearance, and this must be countersigned by the Minister in his own country of that he desires to visit. This paper must be continually shown, like a ticket on a railway, and countersigned by various officers in the different places as he visits them. Should he lose this passport, or should any mistake occur about it, he will be detained perhaps for weeks or months until he finds it or rectifies the error; being meanwhile as carefully watched as if he were an escaped felon or a conspirator. 2. But in the United States any one, native or foreigner, may enter or leave the country, or any State, county, city or town, without being obliged to answer any questions, and without meeting any person having a right to stop him, except he be arrested for some offence against the laws. 3. What has been the result of this idea of free commu. nication upon travel and trade in the UTnited States.? The freedom of travel, coupled with the universal desire of mankind to enjoy that freedom, has so stimulated the construction of lines of communication that all parts of the whole country are now brought within a few days’ travel of each other.

In the item of railroads, there are more miles completed within the United States than in all the rest of the world combined. On January 1st, 1870, there were 76,366 miles of these roads built and in process 2. Are passports required in the United States? Is there any restriction to travel in our country? What? 8. What has been the result of the idea of free communication in the United States? How many miles of railroads are there? What did they cost? How many miles of canals? What did they cost?

What about steamboats? Stage roads? What is the result upon the people?

Are provincialisms as marked in the United States as in Europe? LasON 101

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POLITICAL IDEAS. of building in our country; the cost of which was estimated at $2,212,412,719, or a sum equal to the present national debt.*

All of these have been commenced since 1827. There have also been constructed 3,236 miles of canals, at a cost of $90,984, 951. t Besides which, the thousands of miles of navigable rivers and lakes swarm with steamboats, and more than 500,000 miles of stage roads connect town with town, and city with city, in a perfect net-work of. communicationl over the whole country. Thus the people of all parts of the Union are enabled to see and know each other, whereby they learn to think and act alike.

Such provincial peculiarities in dialect and manners as mark the natives of the different counties in England and the provinces of other kingdoms in Europe are hardly known in the Unlited States; while such as do exist are rapidly disappearing through the increasing intercommunication brought about by railroads. 4. What other means of cormmunication are particularly useful in the formation of public opinion in the United States? The Mails, the Telegraph and the Express. The mail service is maintained by the general Government, and thus uniform rates of postage and systematic regulations are established alike in all the States, which would not be the case were the post office controlled by the State Governments. The mail is at the service of every individual for the carriage of letters, papers, books and small parcels. It is through the mails that the enormous newspaper circulation of the country is carried on. There would be no use in allowing a free press if * One Hundred Years’ Progress of the United States, p. 216. t Ib., pp. 189,190. 4. What can you tell about the United States mails? Are they free to all? Are they liable to interference by the government? [LESSON 10 104

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LESSON 10] FREE COMMUNICATION. no means were provided for the free transmission of what is printed to the persons who are to read it. Hence, the post office is a sacred institution. There exists no power in the United States, not even in the Courts, by which a letter or paper can be lawfully taken from the post office, except by him to whom it is addressed. 5. Are not the public mails as free in Europe as in the United States?. They are not. For though the great mass of ordinary correspondence may pass without obstruction, yet if a person be suspected of crime, particularly of treason, his letters are likely to be opened in the post office by the police in hopes to find evidence against him, or detect his accomplices. In such countries no newspapers or books are allowed to enter by mail which contain republican ideas, or tend to make the people discontented with their rulers. There are many parts of Europe where this book would not be allowed to circulate. 6. Ixow are the telegraph and empress used and protected as mneans for theformnation ofpublic opinion? The telegraph (an American invention but thirty years old) now connects every town of any importance with every other, bringing the great bulk of the people almost within speaking distance of each other. By this means the newspapers each morning are enabled to record the events of the preceding day wherever they may have occurred. As a means of communication it is always in advance of the mails, and is constantly in use in conveying from point 5. Are European mails as free as the American?

In what respect do they differ? Are all books and newspapers admitted in the European mails? What exceptions are there? 6. How are the telegraph and express used and protected in the UInited States? What can you say of the telegraph? What protection does the law give to telegraphic messages?

To telegraph property? Why? Can government officers tamper with the telegraph? 105

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POLITICAL IDEAS. to point the expression of public opinion as well as private business of different sections. It is therefore the most active and powerful means of modifying the public opinion of one place by that of another. For this and other reasons it is closely guarded by law. The telegraph company must report at once to the person addressed, and to him only, the exact message received. If an operator divulges the message, or delivers it to a third party, or fails ta) report it promptly to the proper party, or if any person willfully injures any telegraph wire, materials, or property, all such delinquencies are punished by fine or imprisonment, besides a responsibility in damages to the person injured. *

No government officer has any more right to tamper with correspondence by telegraph than with that by the mails, and should Government undertake to control the telegraph as it does the mails, it would acquire a dangerous accession of power over individuals. 7. The Express business, like telegraphing, is carried on not by Government, but by corporations or individuals. But in all its transactions it is governed by laws which protect the rights of individuals. Like the mails and the telegraph, all have the right to use it alike, provided they pay the same equal charges.

The Express Company is responsible for the value of every package entrusted to it, until it has been delivered in the same condition as when received, to the person only to whom it was addressed. Failing in this, it must pay the value of the package, or the damage it has sustained while in its hands. * See the Statuttes of any State on this subject. A7. Are telegraphs and express carried on by government? What law protects the citizen who uses the express? To what extent does it protect him? 106

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LFREE COMMUNICATION., 8. What is the effect of all these means of communication in forgnming and consolidating public opinion? By these means the United States, though embracing an extent of territory larger than that of any other nation except Russia, and populated by forty millions of people, is now more quickly traversed, and its inhabitants sooner informed and consulted about public affairs, than was the case within the little State of Massachusetts, fifty years ago, when its population did not exceed a few hundred thousand. The whole country is more closely united, more compact, and more sympathetic, than any nation of a tenth of its population, or the hundredth part of its extent could have been, before railroads, steamboats and the telegraph were invented.

Consequently, public opinion is more quickly formed, more freely expressed, and a thousand times more emphatic, than it ever could be elsewhere. A month or two is now sufficient to learn the public mind of the nation on almost any subject. Without free and rapid communication in so large a country, sectional feeling would doubtless long since have destroyed the Union; and if not, time and distance would have made an united national public sentiment almost an impossibility. NOTES.-“The freedom of communion is one of the most precious and necessary rights of the individual, and one of the indispensable elements of all advancing humanity. So much so, indeed, that it is one of those elements of liberty which could never have been singled out had not experience shown that it forms invariably one of the first objects of attack when arbitrary power wishes to establish itself, and one of the first objects of conquest when an unfree people declares itself free. Lieber’sS. G. & C. L. 89. “In “police” Governments like that of France, it is customary for the S. What is the effect of all these means of communication on public opinion? How does the present United States compare with other States and countries having no railroads, steamboats, or telegraphs? What would so large a country be without them? LESSON I 01 107

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POLITICAL IDEAS. government to open letters addressed to or written by suspected persons. The same practice has at times prevailed in England.”

Ib. 93. How LETrERS ARE OPENED AND READ IN FRANCE.-A pamphlet by M. Emnile Lambry, an employe in the French Postoffice, recently published in Paris, gives some curious details about the “Cabinet Noir,” as the department for opening letters from suspected persons is called in France. Letters were opened under Charles X, and Louis Phillippe, but under the Second Empire the “Cabinet Noir” acquired an importance previously unknown. The dishonorable office of opener of letters was occupied by a man named Simonel, who, from M. Lambry’s account, seems to have been singularly well-fitted for the post he held. At first Simonel only stopped letters in obedience to a list sent to him from the Prefecture of Police. These letters were put in a bag and forwarded to the Prefecture, where they were opened and read. Simonel’s way of proceeding was as follows: When a suspected letter fell into his hands, he inserted the point of a very thin knife, specially made for the purpose, under the seal, then, by dint of steady pressure, and thanks to the skill acquired by long practice, he removed the seal whole, and without tearing the envelope. The letter read, and if necessary, copied, Simonel slightly warmed the bottom of the seal, so as to melt the wax sufficiently to attach it again to the paper. By this means he was enabled to defy detection. When letters were fastened with gum or a wafer, it was still easier to open them; a few drops of hot water were all that was necessary. Foreign mail-bags passing through Paris were not respected any more than letters to be delivered in France. LESSON

XI. OF’FREE ASSOCIATION. 1. What is understood by the principle of Free Association? The privilege every one enjoys under a free government of choosing his own associates, whether with or without any special object in so doing, or 1. What do you understand by free association? 108 [LESSON 1

1

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FREE ASSOCIATION. with an organization or otherwise, always provided that the object be such as will not interfere with the rights of other people or associations, and that the society do not disturb the public peace, nor violate any of the laws of the land. 2. To what extent is the privilege offree association avail ed of in the United States? To a degree that astonishes those foreigners in whose countries this principle is disallowed. Almost every person belongs to one or more voluntary associations. Societies are numerous in proportion to the population. Many of them often exist in small villages of only a few hundred inhabitants, and in large cities they can hardly be counted. In fact, many forms of association extend over the whole UnLion, having branches in every town.

3. HTow are these various Associations classified? They may be arranged with reference to their objects, thus: Religion, which includes all churches, Sunday schools, bible societies, religious orders, ladies sewing circles, chris tian associations, missionary societies, and the like.

Moral Reform, including all societies designed to promote morality. Such are temperance, and prisoners’ aid associations. Politics. To this division belong political parties, such as the present Republican and Democratic, and the old Whig and Know-Nothing parties. The Abolition Society, the Knights of the Golden Circle, and the Union League were all political associations. Benevolence. This object is sought by an immense variety of societies. Prominent among them are the Masons, S. How far is voluntary association availed of in the United States? 8. Classify the various kinds of associations? What kind of Societies are organized to promote religion? Moral Reform? Politics? Benevolence? Trades? Other ob jects? Business? 10 LEssON 11] 109

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POLITICAL IDEAS. Odds Fellows, Druids, Red AMen and other secret associations, national benevolent societies, hospitals and charitable institutions. Trade Unions, whereby mechanics and tradesmen band themselves together for the purpose of promoting the interests of their own trade. There are also many societies organized to benefit literature, science, the learned professions, art, education, emigration, colonization, agriculture, manufactures, commerce, and for temporary purposes without number. Lastly, under the term Business Corporations are included all those joint stock associations with capital, which are organized under the laws for the purpose of carrying on some branch of business requiring more money than one or two persons could be expected to furnish. Such are banks, railroad, insurance, toll road, mining, manufacturing, telegraph, express, and transportation companies, and many others. 4. How do these Societies operate in promoting the love of liberty, the knowledge of law, progress, and public opinion among the people? Their effect in educating the people to work together in the furtherance of common objects is so great, that if the principle of free association were abolished, the entire character of the nation would be changed. Their result upon national character is shown in several particulars, e.g. A. In familiarizing the members with parlia 4. How do these societies affect the love of liberty, knowledge of law, progress, and public opinion among the people? What is parliamentary law? What is its object? Do societies cultivate the habit of public speaking? How do they prepare the citizen for public life? Do they teach respect for the opinions of others? Do they inculcate a spirit of compromise? How do they affect the formation of public opinion? The study of the law? What are corporations? By what power are they created? Why are they called artificial persons? Why are they formed? What kinds ofbusiness do they engage in? How do associations form public opinion? 110 [LESSON 1 1

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FREE ASSOCIATION. mentary law, or the law governing all public meetings, whereby only can the united opinion of the members be fairly ascertained.

B. In cultivating the habit of public speaking. C. In preparing private citizens for public life, for the officers of associations differ from public officials only in the extent of their spheres of duty, and in the weight, not character of their responsibilities. Each Society has its constitution, its laws, its legislative and executive, and sometimes its judicial functions, like a State government in miniature, and whoever learns to administer a society becomes thereby fitted to serve the State.

D. In training the members in the respect for the rights of others, which constitutes the spirit of political liberty. E. In developing the spirit of mutual concession or compromise, which is indispensable in maintaining union of any kind, or producing united effort. F. In forming opinion under the constant check of opposition, whence results public opinion or “the opinion of individuals modified by each other.” * G. In the study of those branches of the law which affect the objects of the Society, and its relations with those who deal with it. H. Corporations exist solely by operation of law, which provides that for certain purposes only, a number of persons may act together, in the same manner as one person may do by nature. Thus, in law an individual is called a natural person, and a corporation, anl artificial person. It is by these “artificial persons”

that a very large proportion of all the heavy business of the country is carried on. To the principle of free association therefore is due a great part of the material progress which has dis * See Lesson 8, Sec. 7. LESSON

11] 111

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POLITICAL IDEAS. tinguished the United States above all the countries in the world. I. Associations of all kinds have more or less influence in forming public opinion. In fact, many of them are created for this purpose only. And they attain their objects by the use of free thought, free speech, free press, and free assembly, in addressing the facts and arguments favoring their peculiar views to all listeners and readers, so as to persuade as many as possible to think as they do. 5. What notable instance is of record showing the power of association informing public oplinion in the United kStates? The history of the Abolition Society formed in 1830. At that time the mass of the people did not realize that slavery was opposed to the general spirit of American ideas; and laws upholding that institution were passed in all the Southern States, and by Congress. For twenty years the labors of the Society were everywhere opposed and ridiculed. But they persevered, and by and by their numbers began to increase, until in 1860, the few Abolitionists of 1830, had grown into the great Republicanll party which elected Abrahaml Lincoln to the Presidency. Notwiths;tanlding the four years’ war resulting fiom that triumph wherein the slaveholding states attempted to withdraw from the Union, rather than yield in any point to the successful party, the Abolitionists finally gained all they sought in the amendments to the Federal Constitution, which for ever exclude slavery from American soil.

And now in 1871 no considerable body of men can be found anywhere, who do not think on the subject of slavery as the few original abolitionists desired to have them. 6. Are there not many associations permnitted in the 5. What notable instance can you mention of the power of association in forming public opinion? Give its history? 6. Why does our government permit associations whose objects are foreign to the American system? 112

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FREE ASSOCIA TIOO. United States whose objects are foreign to the American system, and if attained, the societies woqld have to be suppressed by the power of the governnet.t? There are. But were the government to interfere with them before they had committed any wrong act, it would be violating their rights of free association. 7. Is the object of the Fen?ian society comnpatible with American ideas.? It is not, in so far as it is an organization of persons who seek to make Ireland independent of England by military operations organized in the United States. Now, so long as the United States are at peace with Great Britain, this so ciety cannot be allowed to commence a war from our territories upon England, for this would be a violation of our treaties with that nation; and as we have already seen, treaties with foreign nations are a part of the supreme law of the land:* so when the Fenians twice invaded Canilada, our Government immediately used the army to disperse them and protect the Canadians. And so it will continue to do. But so long as the Fenians confine themselves to speaking, writing, and sending money or supplies to their fiiends in lieland, they violate no law, and the government has no right nor power to disturb them. 8. What otherforeign associations are permnitted whose objects are inconsistent wtith the American system? The Orange Society, which seeks to keep alive on American soil an old foreign religiouts feud, which, with all others of that nature, we desire to forget. Neverthe See Lesson 6, Sec. 5. /. Is the object of the Fenian Society compatible with American ideas? Why not? Then why is it protected? S. Is the object of the Orange Society consistent with our.system? Why not? Are there other foreign societies? What are their objects and tendencies? Why, and under what conditions are they protected? 10 LcSSON 11] 113

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POLITICAL IDEAS. less the Government has several times protected the Orangemen in their public celebrations; for so long as they conduct themselves peaceably towards those who differ with them, they are entitled to their freedom of association. There are also foreign societies of every nation, whose object is to keep alive the customs, associations, and love of the old countries, in the breasts of their members. Now though the object of our institutions is to obliterate all foreign distinctions and traditions, so as gradually to fuse all these strangers into one American people, all speaking our language, and recognizing only the United States as their country, yet we can accomplish this only by moral, not by legal means. To suppress these societies by law, so long as they do no harm to other people, would be to violate their right of free association. 9. Wl/y do we ind the public peace and security promoted by this freedom of association, while the safety of m)onarchical goveriments would be endangered by it? Because our whole system of Government being but a huge voluntary association, the operation of the voluntary principle in other forms is entirely consistent with it, and indeed, necessary to its support. But under a Government maintained by force, the free association of the people cannot be allowed, for its results would soon destroy the government. Therefore the natural tendency of human nature toward association finds its develop meilt on the Continent of Europe, only in secret political societies. Such are the’ Carbonari’ of Italy, and the’

Internationals’ in other countries of Europe. The frequent conspiracies which have defaced European history indicate that monarchical government has always been undermined by 9. Why do we find the principle of free association an ally of government, while monarchy finds it an enemy to publio peace? What results from confirming this tendency among men? How does America find it best to deal with it? [LESSON I 1 114

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LESSON 12] RIGHTS OF PETITION, ETC. secret associations. But Americans find the voluntary principle like water. It is better to allow it to flow at will within its natural banks, than by obstructing its course to cause inundations, which, as lately in France, are sure to sweep away in common destruction every vestige of Government and Law. LESSON XII. OF THE RIGHTS

OF PETITION AND INSTRUCTION. 1. We have heretofore seen (see Lesson 7) that the power of making the laws is confided by the American people to Legislators, who are elected to perform that duty only. We have also seen that all laws, both in their inception and their continued efficacy, rest on public opinion;. and that we protect freedom of thought, speech, the press, assembly and association, for the purpose of creating public opinion; that is, so as to furnish every facility to individuals to submit to each other’s judgment every thought and every measure which any one thinks would benefit the public if enacted into law. We have also seen that the legislators like all other elected officers are directly responsible to the people, whose servants they are. We must nlow learn in what manner public opinion is brought to bear upon these public servants.

2. The first amendment to the Federal Constitution reads: “Congress shall make no law abridging the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” 3. The Constitution of iMassachusetts says: “The people have a right in an orderly and peaceable 2. Repeat the quotation from the Federal Constitution on the subject of the right of petition? 8. What says the Constitution of Massachusetts on the right of instruction? 115

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POLITICAL IDEAS. manner to assemble to consult upon the common good; give instructions to their representatives, and to request of the Legislative body, by the way of addresses, petitions or remonstrances, redress of the wrongs done them and the grievances they suffer.* 4. In hoAct respect does the attitude of the people of the Uiiited States towards their Governmenet contrast with that of the subjects of a mnonarch, relative to petition and instruction.? In America the people are the Sovereign power, and we have no ruLling, classes distinct from the governed, who have the right to act out their own will, in spite of the will of the people. In England, Parliament is the Sovereign power; in Russia, the Czar; in Turkey, the Sultan. Lately in France it was the Emperor. But with us the people rule, and the last appeal lies to them. In other countries the people ” humbly pray” the government; here they “petition,” or if they constitute a majority of the constituency, they ” instruct ” their representatives. Oil all questions on which the public mind has been thoroughly enlighted by discussion, the doctrine of instruction to representatives is a necessary result of our institutions. 5. When a representative in Congress or a State Legislature, votes and works against the manifest will of the majority who elected himn, he is treated as a treacherous mall, who is not again to be trusted; anid so it should be, for he holds his power directly fiom the people and not by “divine right,” and his duty is to follow in all things lawful, the expressed wishes of his employers. * Massachusetts Declaration of Rights, Sec. 19. 4. How does the attitude of Americans towards their government contrast with that of subjects under monarchy?

Does the right of instruction to representatives result from the American system? 5. When is a representative considered treacherous to his constituents? 116 [LESSON 12

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LESSON 12] RIGHTS OF PETTION, ETC. 6. Hare the people the samne right of petition and instruction to the Executive and Judiciary, that they have to the Legislative branch of the Federal awd State governments? They have a limited right of petition to the Executive, but none to the Judiciary; and they have not reserved any right of instruction to either. The Executive indeed holds a portion of the Legislative power, for he can veto bills after they have passed both houses of the Legislature, and the people have the clear right to petition for the veto of any obnoxious bill. They may also petition him as Executive for the pardon of a criminal, for the appointment of an individual to office, for protection against an enemny or relief from a foreign wrong, or for the execution of some neglected statute. But as nearly all the duties of the Executive are exactly fixed by law, while in matters left to his discretion he is advised or checked by his cabinet and by the Senate, the interference of the people in matters of detail would be both unwise and injurious. It is sufficient that he answer to the people in the general tone of his administration. 7.

All the duties of the Judiciary being strictly defined by law, there is no point wherein the instructions or petitions of the people would serve any good purpose. The judges are all responsible for their errors to the higher courts, except those of the Supreme Court, and these are numerous enough to check each other. All are liable to removal on impeachment, (as we shall hereafter see) in case of flagrant misconduct; and in the case of elected judges, the people will not reelect such as have proved themselves unfitted for such a trust. 6. Have the people the rights of petition and instruction to the Executive? To what extent? Why is it limited? I. Can they petition or instruct the Judiciary? Why not? To whom are the Judges responsible? 117

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POLITICAL IDEAS. 8. Are Senators and Representatives equally bound by the instructions of the people?. No. The Representatives, or members of the lower house, are considered to be the “popular” house, or more completely representing the people than the Senate, who are expected to act more as a check upon hasty legislation, than in a more active capacity. The Senate is always the smaller body, composed of older men and elected for a longer time than the Representatives. And the United States Senators, being elected by the State Legislatures, are deemed to be only indirectly responsible to the people. Hence the Senators are left more to their own discretion. The old form of instruction by the people read: “We request our Senators, and instruct our Representatives.” LESSON XIII. OF FREEDOM

OF CONXSCIENCE. 1. Art. VI, Sec. 3, of the Federal Constitution provides that “No religious test shall ever be required as a qualification to any office or public trust under the United States.” And Article I of the Amendmlents reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” 2. The language of all the State Constitutions is very $. Are Senators and Representatives equally bound by popular instrlctions? Why not? What is the difference in this respect between the two houses? Are United States Senators directly responsible to the people? What was the old form of instruction? LESSON

13.-1. Repeat the quotation from the Federal Constitution on religious tests for office? On making laws concerning the establishment of religion?

2. Give the substance of the quotation from the Maine Constitution? Have all the States adopted the same principles? 118 [LEssoN 13

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LESSoN 13] FREEDOM OF CONVSCIENCE. full and explicit on the subject of freedom of conscience. Maine says, (Art. I, Sec. 3): “All men have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no one shall be hurt, molested or restrained in his person, liberty or estate, for worshiping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or sentiments, provided he does not disturb the public peace, nor obstruct others in their religious worship; and all persons demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws; and no subordination or preference of any sect or denomination to another shall ever be established by law; nor shall any religious test be required as a qualification for any office or trust under this State; and all religious societies in this State, whether corporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance.” 3. Virginia says: “That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence: and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity toward each other.”* 4. In what respect does consistent reason require freedorn of conscience in reliqious matters? * Virginia Bill of Rights, Sec. 16. 8. What does Virginia say on this subject? 4. Why does consistent reason require freedom of conscience in religious matters?

Has the State any right to interfere with anything that promotes the happiness of the 119

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POLITICAL IDEAS. In Lesson I, 4, we learned that “society,” (or the State) “has no right to interfere with such acts as promote happi ness, nor with such as injure only the person who commits them. But that it has a right to prevent such acts as tend to injure other people.” And in Lesson VIII, 2, we showed that no man can be free who is not allowed to think as he pleases. Now religion is the highest means known for promoting virtue and happiness among men. Consequently, the State has no right to interfere with it. As it is purely an indi vidual matter between each conscience and its maker, and as the punishment of irreligion and personal vice is the natural consequence of vicious conduct under the laws of the Creator, so long as one’s vices injure only him self, the State has no right to meddle with him. And as the right of free opinion is preeminently precious to religious people, the State particularly protects that right, and will never allow any dictation on this subject by any human being. 5. If religion be “the highest means known for promot ing virtue and happiness among men,” why is it necessary to limit the protection of the laws to those religionists only * who ” do not disturb the public peace, nor obstruct others in their religious worship”? Do religions ever disturb the public peace? This restriction is necessary, because in past ages the im perfect civilization of people professing religion has led people? Or with such things as result only in the injury of the person committing them?

Does religion promote happiness? If the want of it injures any one, who is it? Who punishes the vicious person? What is the difference between vice and crime? (Ans.: Vice is sin-an offense against God or one’s self. Crime is an offense against the law of the State. All crimes are vicious or sinful, but all sins and vices are not crimes. The State cannot punish mere lying or hypocrisy, but it does punish theft. All three are sins, but only the theft is a crime, for it injures another.) Is the right of free opinion specially valued by religious people? Why? Does the State carefully protect that right? 5. Do religions ever disturb the public peace? What was the old idea of spreading religion among the people? How did bad men injure others by these means? [LESSON 13 120

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LESSON 13] FREEDOM O.F CONSCIENCE. them to mnisunderstand its true principles, causing them to manifest their faith, not in love and good works to each other, butt in a rigid compliance with outward forms and ceremonies. Hence grew up the idea, that to spread religion it was only necessary to compel men to adopt these forms and ceremonies. 1Bad men elevated to high position in the church, and fanatical sects of all beliefs, have hereto fore inflicted frightful miseries on their race through wars and persecutions originating in this way. It is to prevent any attempt of this kind that our Constitutions are so well guarded on this point. 6. When wte remember that for fifteen centuries all the Governments of Euroj e have been closely united each with somie form of religion, which was exclusively supported and generally the only one tolerated by the State, does it not seem as if odrs were an unchristian, irreligious, or heathen forma of government. It may seem so to one educated to believe in the old European plan. But so far is this from the fact, that, on the contrary, the whole American system (as we have seen in Lesson I,) is founded on pure Christian principles; and our universal equality and freedom in religious matters have done more to spread the true spirit of religion among the people, than all the unions of Church with State, bullets, bayonets, and inquisitions that ever existed. 7. In what then does the error of those who denounce ours as an irreligious government consist.? The union of Church and State does not make a government religious. Government is a corporation. Cor 6. Is not ours an unchristian or irreligious form of government? Why not? What has been the result of our freedom and equality in religious matters? A. In what consists the error of those who denounce our Government as lrrellgious?

Can a corporation be religious? Can religion be an attribute of government? Are faith and morals individual matters? Can there be an Episcopal railroad company? Why not? What purposes is government designed for? 11 121

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POLITICAL IDEAS. porations have no souls to be saved; they are not expected to enjoy immortality beyond the grave. Hence they can be neither religious nor irreligious. Religion is not, and cannot be, an attribute of government. Faith and morals are purely individual matters. All the stockholders in a railroad company may be Episcopalians, but nobody on that account would think of the corporation as an Episcopal railroad company. Whiy? Because the stockholders are united in the company for a purely.secular purpose, with which their religion, as individuals, has nothing to do. So the Government is organized for purposes relating’wholly to the present life. Though the individuals composing it are doubtless responsible to their maker, for their public as well as their private offences, yet nobody has ever dreamed of the resurrection and judgment hereafter of any Government, considered in its corporate capacity. 8. But highest among the duties of government stands the obligation of promoting among the people the principles of personal religion and morality, without which, especially under a voluntary form like ours, no Government can long exist. America, in her mode of performing this duty, has proved more successful than any other nation, for the reasons following: A. She has incorporated the principles of Christianity, (without regard to the peculiar doctrines of any particular church or sect) id all her Constitutions and laws. B. She relies upon a religious oath, as the ultimate security for the integrity of all her public officers, for eliciting the truth from witnesses, righteous judgment from 8. What Is the highest duty of government? Can a government resting, like ours, on the voluntary agreement of the people, exist without religion and morality?

Has America been peculiarly successful in this duty? In what particulars?

State them fully? 122 [LESSON 13

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LESSON 13] FREEDOM OF CONSCIEN’CE. courts and juries, and faithful service from lawyers. Without religious faith on the part of the person taking this oath, it imposes no obligation on his conscience. C. She protects all churches, sects, and faiths with rigid impartiality from the encroachments of each other; whereby persecution is rendered impossible, and the members of different sects being compelled to live in harmony together, gradually lose their harsh prejudices, and learn, instead of hating, to “love one another.” D. She removes from ambitious and hypocritical minds the temptation to seek office in a State Church; whereby, as history shows, wicked men have often degraded and demoralized it, causing horrible miseries to the victims of their tyrannies, and utterly perverting the beneficent objects for which religion was revealed to man.’ E. She leaves the entire support of Churches to the voluntary efforts of their members, whence the prosperity of each Society depends wholly upon individual zeal; an appetite which “grows by what it feeds on.” Hence, nowhere are there so many churches and Sunday schools as inii the United States. And no nation that ever existed has been so completely governed in all its public acts by the influence of pure religion among the people. It was only in the United States thl)at a Sanitary or Christian commission would have been thought of. It was only the Uniiited States that failed to prosecute and execute rebels, when after a successful, though desperate civil war of four years, she had millions of them at hler feet. It is only the United States that has never oppressed a weaker nation, never waged an aggressive war, and never permitted cruelty or injustice to be committed in its name.

And it is in America only that popular subscriptions for the relief of suffering humanity have become a national custom, enlisting the sympathies of the people as often as famine, war, 123

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POLITICAL IDEAS. pestilence, earthquakes or fires call for the exercise of active benevolence. 9. lvhat are the evils shoien by history to result from the union of CIurchI and State, that is, the exclusive support of any oile church or sect by the Government? A. A most atrocious injury to the liberty of all whose reason or conscience could not be convinced that the National Church was the true one, for to these was denied the right of free opinion. B. A gross outrage on natural rights in compelling dissenters to pay taxes to support a church, in whose doctrines they did not believe, ald which was therefore of no benefit to them. C. Jealousy on the part of the established church towards all others, causing religious persecutions and civil wars. D. The State Church, being supported by compulsory taxation is always rich, and its rulers have great power.

Hence, bad men, not caring for souls, but only anxious for wealth and power for themselves, have often managed to control it; or appointments to livings being made through influence, regardless of talent or zeal, the ministers degenerate into mere formalists, and cease to cultivate piety amoing the people. Under a church so governed, hypocrisy takes the place of virtue, and we have already seen that a nation of hypocrites can never be free.* E. The mind that is fettered in religion is never free to act out its natural bent in other matters. Hence science, invention and progress have been always hindered, and often suppressed, in those countries where religious freedom did not exist. * See Lesson VIII, 2. 9.

What evils result from the union of Church and State? Give them in full?

Can the mind fettered inreligion act out its natural bent in other matters? [LESSON 13 124

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LESSON 13] FREEDOM OF CONSCIENCE. 10. We have said that our Government had incorporated Christian principles in its laws and Constitutions. Is there anything in this which prevents freedom of conscience to Hebrews, Mohanmmedans, Confucians, Mormons and people of no religion, any more than to the Christian sects? There is not. Christ has commanded that we “judge not, that ye be not judged.” * It is no man’s business, therefore, to undertake to pronounce his neighbor’s religion to be worse than his own.

But were we nevertheless privileged to condemn another’s faith: “God maketh the sun to rise on the evil and on the good, and sendeth his rain on the just and on the unjust.” t Now if God, the Father of all, makes no distinction in his distribution of good gifts to men with reference to their attitude towards hint in religious matters, by what right dare man interfere in the matter? 11. W]hat then is the American idea on the subject of Religious toleration? We believe that if truth and error are brought face to face, truth will always prevail in the contest.b We say to all religions: “Come and argue peacefully your differences upon our soil.

None of you shall force the other. None shall have any advantage over the rest, except the intrinsic merits of your own system, and of these merits the individual reason shall be the sole judge. So far as you teach morality and virtue the laws shall protect you, for they depend upon the public colnscience for their own force and effect. But if, under the guise of religious doctrine, you disturb the peace or intro * Mstt. vii: 1. t Matt. V: 45. 10. Does the incorporation of Christian principles in the Constitution and laws imply that only Christians have the right to protection? Why not? Have men the right to judge one another’s religion?

If they had that right, should they exercise . it in this world more severely than God does? 11. What is the general idea on religious toleration? 11* 125 t Matt. v: 45. * Matt. vii: 1.

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POLITICAL IDEA,S. duce immoral practices, (such as polygamy in Utah) the law shall prevent your injuring the public, and will punish you for doing, so as it would any other criminals.“c NOTES. - (a.) “It may justly be observed, that religious principles which (when genuine and pure) have aln evident tendency to make their professors better citizens as well as better men, have (when perverted and erroneous) been usually subversive of civil government, and been made both the cloak and the instrument of every pernicious design that can be harbored in the heart of man.” Blackstone’s Com., Book IV, Ch. viii, 103. (b.) “Then came his disciples and said unto him, Knowest thou that the Pharisees were offended when they heard that saying? “But he answered and said: Every plant which my Heavenly Father hath not planted shall be rooted up. Let them alone; they be blind leaders of the blind; and if the blind lead the blind, both shall fall into the ditch.” Matt. xv: I2-I4. (c.) “Since God hath assumed to himself the power and dominion of the conscience, who alone can rightly instruct and govern it, therefbre it is not lawful for any whosoever, by virtue of any authority or principality they bear in the government of this world, to force the consciences of others; and therefore all killing, banishment, imprisonment, and other such things, which are inflicted upon men for the alone exercise of their conscience, or difference in worship or opinion, proceedeth from the spirit of Cain, the murderer, and is contrary to the truth: providing always that no man under the pretence of conscience prejudice his neighbor in his life or estate, or do anything destructive to or inconsistent with human society; in which case the law is for the transgressor, and justice is to be administered upon all without respect of persons.” Barclay’s Apology, Prop. XIV. It was only in I858 that the English Parliament struck out the words “upon the faith of a Christian”

from the oath to be taken by a member of that body, so that a Jew could take his seat as a representative. “We find in history that no people who have not fairly learned to bear with one another can enjoy liberty. The absence of toleration is the stigma of absolutism; the establishment of’the opposition’ is the glory of freedom. Liberty allows variety; the tyrant, whether one or -a multitude, calls’heretic’ at every one who thinks differently.” Lieber’s C. L. & S. G., 56. For Scripture authority inculcating free toleration and forbidding [LEssoN 13 126

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FREE ED UCA TION. persecution, the student may consult: Zech. iv: 6; Matt.

xxvi: 52; Ib. vii: i2; Ib.v: 7-9; Ib. xiii: 24-30; Ib. vi: 44; Ib. xxiii: 33-38; John xviii: 36; Ib. xiii: 34-35; I John iv: 7-8, 20-2I; Rom. xiv: 4; I Cor. xiii: 4, 6, I3. “Religions have considered liberty as an obstacle, not as a means. They have forgotten the nature of the force to which they address themselves, and have treated the human soul as they would a material force. It is in following this error that they have been led to range themselves on the side of power and despotism against human liberty, regarding it only as an adversary, and taking more pains to subdue than to secure it. * When the question has arisen of establishing a system of permanent institutions which might truly place liberty beyond the invasions of power, the church has generally ranged upon the side of despotism.” Guizot’s Hist. of Civ. in Europe, Vol. I, p.

ii6. For a long list of quotations from the ancient church fathers, Athanasius, Hilary, Jerome, Ambrose, Cyprian and Tertullian, bitterly condemning the first persecution of heretics by the church, see “Barclay’s Apology,” written in I675, article-” Of the power of the civil magistrate.” This whole paper is a strong argument in favor of the American doctrine of freedom of conscience. It is all the more interesting, because written in the days when intersect persecution was still universal, and because its learned and earnest author was one of those Quakers who were then particularly obnoxious to the punishments of heresy. LESSON XIV. OF FREE EDUCATION BY TIIE STATE, NO. I. 1. You have now obtained a sufficient insight into the principles of American institutions to see that they are very complex. They result from the highest degree of civilization yet attained by man-from the greatest knowledge of history and of human nature ever applied to a system of 1.

Are American institutions complex? Why? What do they rest upon? Can they exist after the people have ceased to respect them? Suppose none of the people could read, could they have any opinion on such subjects? Why not?

What knowledge is necessary to fit a man for voting? ‘ LESSON 14] 127

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POLITICAL IDEAS. Government. Yet they all rest upon public opinion, for they are simply what the people have made them,and whenever the people cease to respect them they can no longer exist. Suppose, now, that none of the people were able to read: COuld there be any opinio)z among thetn on such subjects as we have been discussing? Clearly not. To understand American ideas, one must know a great deal that is only to be found in books, or at least in the newspapers. Without being able to attain such knowledge by reading, no man is fit to be a voter. 2. Suppose that from one whole generation of children all the knowledge that the world has already attained were entirely withheld: what would be the result? From that time forward all science, art and civilization would disappear from among men. “In the common course of nature all the learned and wise and virtuous are swept away by death, almost as soon as they become learned and wise and virtuous, and they are succeeded by a generation who come into the world wholly devoid of learning and wisdom and virtue. The parents may have sought out the sublimest truths, but these truths are noihing to the children until their minds also shall have been raised to the power of grasping and understanding them. The truths indeed are immortal, but the beings who may embrace them are mortal, and pass away, to be followed by new minds, ignorant, weak, erring, and tossed hither and thither on the waves of passion. Hence, each generation must learn all truth anew each for itself, and must rise to the practice of the virtues requisite to sustain the position of their ancestors; and the first S.

What would result if all knowledge were withheld from one generation of children? Does knowledge survive the person who has attained it? Can parents bequcath their knowledge to their children? How is knowledge to be perpetuated? What is the condition of each soul born into the world as to knowledge? 4i [LESSON 14 128

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FREE ED UCA TION.r generation which fails to do this, loses all, and comes to ruin, not only fbr itself, but for its successors.”* 3. How then can public opinion in favor of our system be perpetuated in future generations. Only by the universal, carefill and systematic training of the young in all the knowledge that has been gained by their ancestors. 4.

Suppose they are trained in a differentt school from that of their fathers: will they be likely to approve or condemn their factthers’

opin?ions? The greater number of those so trained will believe their teachers and disbelieve their fathers, though now and then, if the teaching be false, there will appear some minds strong enough to seek and appreciate the truth, in spite of a false education. These, however, would generally be opposed and kept down by the multitude. 5. From these considerations you must see at once that even were there nothing peculiar in the American system, all civilization must cease, unless taught to each successive generation. And as our institutions are peculiar in the fact that they depend wholly on public opinion, while this depends upon individual ability to form and express opinion, it follows that every individual must be more or less educated, or our system will cease to exist. Conversely, in proportion to the excellence and universality of this education will be the progress and power of our institutions, and the peace and happiness of the people. * Horace Mann’s Lecture on the Necessity of Education in a Republican Government. 8. tJow can public opinion be perpetuated in favor of our institutions? 4. If children be educated differently from their fathers, will they be likely to approve or condemn their fathers’ opinions? 5. Upon what then does the continuance of our system depend? In what case will it cease? In proportion to what will it progress? LESSON 14] 129

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POLITICAL IDEAS. 6. Suppose that only a few among the people were editcated, what relation would these few sustain to the ignorant masses?

The relation of teachers to their pupils, or of leaders to their followers. Is this a republican relation No. Equality before the law is best attained when there is no great inequality in other respects. This is especially so as regards knowledge. Ignorance loves and worships a hero; heroes are very apt to be ambitious, and to sacrifice constitutions, laws, and the rights of others on the altar of their ambition. Hence heroes and hero worshipers are destructive of republican equality, which does not tolerate such old-world idols as Alexander, Julius Cesar or Napoleon. And as regards the relation of pupil to teacher, no one needs to be reminded that the crude, halfformed ideas of the learner do not affect the opinion of his instructor, however they may influence the minds of their fellow pupils; while a word from the teacher will generally be accepted as authority by them all. So that any community of opinion between the learned few and the ignorant many, can exist only so far as the opinion be dictated by the few and accepted by the many. And this is aristocracy, and not republicanism. If power be conceded to the populace under these conditions, demagogues will always rule them to their destruction. 7. What is the relation between education and crine? 6. If but few were educated, what would be their relation to the mass of the people? Is this a republican relation? How would inequality of knowledge affect republicanism? Are heroes and hero worship consistent with our system? Why not? Under what conditlon only can there be a community of opinion between the learned few. and ignorant many? To what does this tend? 7. What is the relation between education and crime? Are there criminals everywhere? What expense do criminals cause to the State? What damage do they cause to the people? [LESSON 14 130

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FREE EDUCATION. Prison statistics, whereever they have been regularly kept, show that a large majority of all the inmates of prisons come from the lowest and most ignorant classes of society. Now in all communities there are more or less criminals. Human nature is everywhere the same, and no society has yet reached such perfection as to be able to dispense with criminal law. But when we find that the greater the amount of popular education the fewer criminals there will be, the duty of the Government in the matter becomes self-evident. You know that the expense and trouble of arresting, trying, keeping and punishing criminals are the most important as well as burdensome of the duties of Government; especially when the principal object of that government is “to protect the lives, liberty and property of the people.” The State must pay large numbers of policemen, constables and sheriffs, to arrest the law-breakers; judges, lawyers and juries to try them; jails and jailors to confine them; all of which costs more or less of the people’s money in taxes. Besides which, there are always a larger number of criminals who evade punishment, than of those who are caught and punished, whereby the security of the people is continually endangered. 8. Now it has been found by many years’ experience that it costs less money to prevent crime by so educating the children as to make them good citizens, than to punish them after they have become criminals, for want of education. As without the help of the Government, only a few would be educated, while “the greatest good to the greatest number” requires that all should enjoy that privilege, it thus becomes the S. Does it cost less to educate than to punish? Why does the State undertake the charge of education? What reason is given: A. On the score of popular intelligence? B. Equality of knowledge? C. Economy? D.

Humanity? E. Education of public officers and good citizens? F. The danger of class education? LESSON 14] 131

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POLITICAL IDEAS. duty of the State to provide education for all children at the public expense. Understand, therefore, that the reasons why the State undertakes this duty are: A. The necessity of general intelligence among the people, so that a healthy public opinion may always exist in support of the Constitutions and laws of the land. B. The necessity of an approximate equality of knowledge among all the people, so that they shall not be at the mercy of demagogues or tyrants, or lend themselves to the support of an aristocracy. C. Economy in the use of public funds, which would be wasted in heavy expenditures in capturing and punishing as criminals those who at less expense can be educated-to be good citizens.

D. Humanity, in educating instead of punishing the children of those who are too poor to pay for education. E. The necessity of qualifying future generations to become public officers, intelligent jurors, honest witnesses, capable legislators, and self-dependent, useful members of society. F’ The certainty that if education were left to those only whose parents appreciate, or are able to pay for it, it would be carried on in the interest of sects, of parties, or of cliques; whereby the dangers of future class prejudices, religious animosities, and possible civil disturbances would seriously interfere with the peace and progress of society. 9. -fow then is the busintess of education conducted in the United States? We have already alluded (See Lesson 3, 3) to the School District, as the smallest political division in our 9. How is public education managed in the United States? What is the school district? Does the State or Federal government take charge of education? What is taught in the primary schools? At whose expense? What are the government schools called? Are the people free to patronize othier schools? ..- I’ [Lrssos 14

132

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FREE ED UCA TION, system. In each of these, the State (inot the Federal) government provides for the support of a public school, in which reading, writing, and arithmetic are taught to all children between the ages of six and eighteen years, whose parents choose to send themn. The whole expense of this instruction is borne by the public, in the shape of taxes, though the manner in which the taxes are raised varies in different States. In no case is the pupil charged with any part of the cost. These schools are calle4 Cormmon, or Public schools. Those who prefer to send their children to private schools are, of course, free to do so. But the money paid for such schooling is not deducted from any man’s school tax. 10. Besides these schools for teaching the primary branches, others are provided by the State, especially in the cities and larger towns, such as Grammar schools and High schools, where boys are fitted for college; Cosmopolitan schools, where modern languages are taught; Evening schools for the benefit of grown persons, who have no spare daylighlt for study; and Normal schools, where young, persons are prepared for the business of teaching. Above them all comes the State University-at least in some of the States, as Michigan and California  where any person, nmale or female, may pursue the highest course of instruction necessary for professional life. Thrloughout all these schools, several distinctive principles are carefully observed. Thiese are: A. No charge is ever made for tuition B. They are open to all comers, without distinction. Rich and poor, black and white, members of all 10. What schools besides primary, are provided by government? What are grammarand highschools?

Cosmopolitanii? Evening? Normal? WhlatStates nmusinain free Universities: What is a Uiiversity? What distinetive principles are observed in all the public schools? Is any chlrge made for tuition? Are they open to all? Why?

Are sectarian doctrines allowed to be taugltt? Are public moneys granted to private schools? 12 e . :.. ‘ LESSON 14] 133 12

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POLITICAL IDEAS. churches or of Do church, male and female, all are alike entitled to education at the public charge. As all are equal before the law, so all are treated exactly alike by the law. C. No sectarian doctrines are allowed to be taught in any of them. D. No public money is allowed by law to be appropriated to any except the regular public schools. LESSON XV. OF FREE EDUCATION BY TIIE STATE, NO. II. 1. We have stated (Lesson 13, 8) that ” highest on the list of Governmental duties is that of promoting among the citizens thle principles of personal religion and morality.” But religion and morality are best promoted by teaching them as a part of the education of children. Now, the business Qf the Churches is to teach religion. Their ministers are all educated men. Why thez would it not be better that ministers should have the control of all education? It has already been explained that the American method of promoting religion is the indirect one of equally protecting all forms of faith and of giving to none any legal advantage over another. To teach the doctrines of any one sect at the public expense would, to that extent, unite the State to that sect, resulting ill an injury to other sects, whose doctrines were not so taught. And to divide the school money raised by taxing all citizens, regardless of 1. Is it not better, considering that religion and morality are a necessary part of education, that this whole subject should be controlled by ministers? What is the American mode of promoting religion among the people? If the State taught the doctrines of one sect oply, what wnold result? What if it taught the doctrines of all sects? ..* -.. 134 [LESSON 15

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FREE ED UCA TION.V creed or no creed among the different sects, would be an union of state with all Chlurches, whereby they would have a direct interest in politics, and their ministers, leaving their pulpits to wrangle with each other in and around legislatures over the division of the school money, would soon introduce politics into the Churches, and the Churches into politics. Furthermnore, children educated in sectarian schools are likely to be taught sectarianiiisin above all other things, for it is on their schools that all sects rely to a great extent for their own perpetuity. 2. Now it is a peculiarity in human nature, that whoever professes sincerely any religious creed, does so because he believes that creed to be the only true one commanded by God himself binding on every conscience, and not subject to chainge by any human direction. Hence, the believers in each creed are certain to think themselves only to be right, and all who differ with them to be wrong. They are also extremely sensitive on the subject, especially when their peculiar doctrines embrace matters not within the province of reason. This tenacity and sensitiveness of opinion lead to irreconcilable differences, and if these are uncontrolled, to bitter hatredls, persecutions, intolerance, and civil war. Hence the necessity of subordinating the externals of all religions to the law of the land, and the danger of allowing any portion of the rising generation to be educated to believe that the Church should control the civil government. Hence the necessity of educating the children of all sects as much together as possible, 2. Why do people generally connect themselves with particular churches? Are they inclined to believe themselves or others right? Are they sensitive about their creed? What do this tenacity and sensitiveness lead to? What is the only prevenitive of this? Why should children of different sects be educated together as much as possible? Must the separation of Church and State be complete?

LrE,sso,N 15] 135

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POLITICAL IDEAS. so that-whatever religion they may finally embracethey may have learned in common to respect each other’s rights under the law.

For these reasons, the separation of Church and State must be complete.

There must be positively no point of contact between them, for if there were one, history proves but too clearly that there would soon be many. 3.

The American idea on this subject is therefore clear and unmistakable. We say: Let the various churches teach their own children religion as they understand it, in their homes and in their Sunday schools. Let them establish private schools and seminaries where they may teach their own faithli if they choose. All are protected in that right. Let the habits and manners of children attending the State schools be formed on the principle of the Golden Rule. Let honesty, sinicerity, politeness, truthtlfulness, hlonor, and mutual respect be inculcated by 1 recept and example. These, together with the free culture of the mind, pave the way for purely religious teachings. But with the doctrines of the various sects, neither the government nor the government schools can have any relation whatever, without danger not only to the best interests of both, but to the public peace. 4. So sensitive is the truly American mind on this subject, that whenever the attempt is made (as it frequently has been) to secure grants of public monoey for the benefit of particular churlches and church schools, or to obtain for a sect the control of the public schools, it thrills through all the nerves of public opinion, like the rumors of coming pestilence, for it is felt as a vital assault upon the liberties of the nation. 8. State the American idea fully on this subject? 4. [low are attempts to get grants of school money or the control of coinmon schools by a sect felt by all true Americans? 136 [LEssoN 15

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FREE El) UCA TION. L 5. Why does not our law leave the business of educating children to their parents? Is it not unjust that persons who have no children should be taxedfor the education of those of other people?. There are many parents too poor to pay for educating their children, or too ignorant themselves to feel the neces sity for so doing, or too needy or greedy of their children’s earnings to spare them from work long enough to go to school. But as the children of such parents would, of course, grow up ignorant and vicious, childless persons who have the same interest in public order and security as parents have, would suffer in common with others, in life, liberty and property from the crimes of such children; and would be taxed for their share of the expense of arresting and punishing the criminals. But we have already seen that education costs less than punishment, to say nothing of its greater humanity. Hence childless persons have an equal interest with all others in public education, and there is no injustice in taxing all alike for the support of public schools. 6. Are there not very di(ferent notions connected with the word “Education “? What is the American idea of it? The word “Education” is derived from the Latin word “Educo,” which means “to draw out.” Used in its highest sense it means the development or unfolding of all the powers of man, as they were implanted in each individual by his Maker. This, of course, tends to cultivate the individuality of each mind; that is, to 5. Why does not our law leave education to the parents? What would become of the children of poor and vicious parents if the State failed to educate them? Are childless persons interested in the security of society? Do they have to be taxed for the arrest and pulishmen)t of criminals? Is education cheaper and more humane than punishment? Is there any injustice in taxing childless persons for educating other peol)le’s children? 6. What is the word education derived from? What does it mean when used in its highest sense? Give in your own language the illustration from the acorn? 12* LESSON 15] 137

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POLITICAL IDEAS. bring out any special talent with which it was endowed by nature. To illustrate: the acorn is not a tree, but only a seed, which, if it be planted in a rich soil, where the rains will nourish and the sun warm it, will spring up and grow, slowly but surely, into a noble oak. No training will produce a pine tree out of an acorn, nor an oak tree from the seed of the pine. But neglect, a poor soil, or exposure to injury, will prevent the seed from sprouting, or will dwarf or destroy the growing tree. So with the mind. As God made it so will it develope, each like each seed, after its own kind, if opportunity and culture are applied to it. If these be wanting, it will slumber on, as unproductive as the seed sown upon the rock. If these be misapplied, it will be distorted or destroyed; and that instruction is misapplied which would treat all minds alike, or seek to change the laws which Creation has impressed upon each mental organism. 7. The true, that is the American idea of education seeks the development of each individual, the cultivation of all his powers and the supression of evil in him. It seeks the good, the beautiful, the true. It aims to make each man independent, intelligent, self-reliant, just, practical, capable of examining both sides of all questions before pronouncing judgment, familiar with human nature and its short comings, upright, honorable, merciful, thoughtful, and kindly disposed to all other men. It seeks to qualify all men to form, hold and express opinions, while it especially inculcates respect for the opinions and rights of others. It seeks to promote universal common sense, to make freemen-free above all I.

State the American idea of education? 138 [LEssoN I 6

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FREE ED UCA TION. things in mind, without which there can be no other freedom; to make men lawabiding, tenacious of rights, opposed to wrongs, progressive, energetic, faithful to trusts, and ambitious of a good name.

Such is the ideal character of the American citizen. Such the expression of the American idea of education. 8. To the question “Are there not very different notions connected with the word Education,” we reply that there are those who would treat all minds alike, in cramming the memory with the dead precedents of antiquity, while they bow the reason to the dust in abject submission to authority. To such teachers of despotism, learning is to be gathered solely from the writings and sayings of a certain school of men. Progress is forbidden, for the mind is fettered in its search for truth among the works of the Creator. In such schools, those arts and accomplishments may be taught that stir not the reason, which is latent in every mind; but the “development” the American seeks is not for their pupils. For them the flaming sword of authority, like the angels at the gate of Eden, guards every approach of freedom of inquiry. “Thus far shalt thou go and no farther” greets their eyes at every turn. Such “trailing”

(for it is not education in the American sense) characterized the despotisms of the middle ages, and prevents the Chinese mandarin from being guilty of the impiety of knowing more than his fathers. It tends to destroy the spirit of liberty, and restore despotic authority whenever and wherever it may prevail. The American idea of education has filled the patent office with more than 100,000 new inventions in less than a century. Thile other is incapable of progress, for it can at the best 8.

State the despotic notion of education? Is a man trained under this notion fit to be a voter? 139 LESSON 15]

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POLITICAL IDEAS. only repeat itself. No man who has merely been trained to accept another’s opinion, and not educated to form his own, is fit to be entrusted with the ballot NoTES-” With us the qualification of voters is as important as the qualification of Governors, and even comes first in the natural order. She theory of our government is-not that all men, however unfit shall be voters-but that every man, by the power of reason and the sense of duty, shall become fit to be a voter. * Education must prepare our citizens to become municipal officers, intelligent jurors, honest wit nesses, legislators or competent judges of legislation-in fine, to fill all the manifold relations of life. For this end it must be universal. The whole land must be watered with the streams of knowledge.

It is not enough to have, here and there, a beautiful fountain, playing in palace gardens; but let it come, like the abundant fatness of the clouds upon the thirsting earth.”-Horace Mann: Lecture on Common School Education, p. 84. “Germany, with most of the other continental countries, England, and the United States present three different methods of administering the national elementary education. The Prussian educational system is purely governmental, emanating solely from a minister of instruction immediately dependent on the crown. The universities, the gymnasia and the primary schools are all under laws and regulations, which proceed respectively from the crown, from the provincial government, and from the communes (villages). Every child in the kingdom is obliged, under pains and penalties, to attend school at least from the age of seven to that of fourteen, and the result is that the Prussian people are efficiently educated throughout the entire community, and that the universities send forth a large body of highly educated men. The national education of all the German states closely resembles that of Prussia. The universities, colleges and primary schools of France, are in like manner established and directed by governmental authority. Permission is however given to any teacher, under certain conditions, to open a private school; and denominational schools may be registered on the government list of educational institutions. But in England, no schools (except-those connected with pauper, naval, military, and penal establishments) are initiated by the civil government, or to any considerable extent managed by it. The education of the people is under the care of the established church and of the other religious organizations, and the government comes to their aid by bestowing 140 [LESSON 15

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LESSON 16] MAJORITY GO VERNM”ENT. grants on certain conditions when its assistance is required. The system is entirely different in the United States, where, though the State government take the initiative, they only go so far as to ordain that schools of a certain character must exist among a given population. All the questions concerning the buildings, teachers, and methods of instruction are determined by the people in their capacity of free citizens. The government provides for education, but leaves to the people the duty of accomplishing the provision.

Consequently, there is much diversity in the educational condition of different parts of the country, the school system being generally most complete in the most compactly settled States, especially tlhose of New England.”-Armerican Encyclopedia, Art. Edzucation. LESSON XVI. OF THE

GOVERNMENT OF TIlE MAJORITY. 1. If any number of people attempt to live peaceably together, they can do so only in one of two ways: Either one must govern and the rest obey, which is monarchy, or they must agree amongo themselves that each shall be free to do whatever he pleases, so long as in doing so he does not prevent others from doing the same, which is republicanism. Now if all men were virtuous, and inclined to do to their neighbors only what they desire their neighbors to (lo to themn, would such things as government and law be necessary? Clearly not, for the principal object of these is to protect the lives, liberty, property and happiness of the citizens, by the prevention and punishlment of crime, which would not exist if all men were perfect. 2. It follows then that if law and government must 1. Would Government or law be necessary if all men were virtuous? Why not? 2. If they must exist, is it necessary that common consent should indicate whether the majority or minority shall rule? If all submnit to one, what form of government results? If the many submit to the few, what? 141

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POLITICAL IDEAS. exist, and must be based, as the American idea requires, upon thle consent of the people, that there mast be some mode agreed on, to decide between the different opinions that are certain to be advanced by different portions of the people as to the details of that law and Government. If there is to be no submission of many to one as under the monarchical form, then the people must be unanimous, or else it must be agreed that either tihe majority or the minority are to have their will over the rest. 3. Su,ppose the m)inority were to ru(le, icat wOould be the result? An aristocratic or oligarchic form of governmelnt, under which the few rule the many, and soon acquire such wealth and power, hereditary or otherwise, that they become able to override the liberties of the masses?

4. You see then that if one governs while the rest obey, we have a monarchy; if a few rule the many, we have an aristocracy. A republic, therefore, is possible only where the many rule the few. Heuce, throughoutt the whole American system, whether in elections by the people, or in public meetilngs, or in the acts of associations or of legislative bodies, every question put to vote is decided in favor of the majority of the votes cast. This, in fact, is the onlly manner in which it can be ascertained what public opinion is. We learn this all important fact by counting the individual opinions as expressed by the ballot. And when the majority have carried an election, the minority have to submit to the result. 8. What would follow if the minority ruled? 4. Whly does the majority rule in the United States? To what does the rule of the majority extend? What is the object of a popular election. What must the minority do when they have lost an election? 142 [LESSoN 1 6

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LESSON 16] MAJORITY GOVERNMENT. 5. lo what extent must the m)inority submit? Only so far as to allow the men elected by the majority to take peaceable possession of their offices, or the measures carried by the election to take the form of law, without further opposition on their part. If Demnocrats elect their man for Governor, the Republicans must respect him as Governor. If Republicans elect a majority to the Legislature, the laws that Legislature passes are binding on Democrats.

The theory is, that whoever is elected to office by any party becomes at once the Officer of the whole people, regardless of party. Should he attempt to discriminate between party fiiends and foes, in his administration of the Government, (except ill the appointment of his political firiends to office) such condluct would at once render him liable to impeachment, for it would be a violation of his oath of office.*

6. And here it is necessary to bear in mind two principles: A. All the rights of the minority, as citizens, are guaranteed by the Constitution and laws, and are just as complete after they have been defeated at an election as they were before. The least attempt on the part of the majority to interfere with those rights would at once be repressed by the Courts, or if necessary by the whole civil and military force of the State or Nation, or both. If the majority were to undertake to disregard the civil power, or resist * See Lesson VII, 14. 5. How far must the minority submit? Are public officers, elected by a majority, the servants of the whole people? Should an officer discriminate between party friends and foes, of what would he be guilty? 6. Are the rights of the minority under the Constitution and laws affected by a defeat at an election? What would result if the majority should attempt to interfere with those rights? If the minority resist the majority by force, of what are they guilty? 143

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POLITICAL IDEAS. the national forces, then they would be guilty of treason. In fact, the great benefit of a Constitution and its main object are to protect the minority from the oppressive and arbitrary action of the majority: to check popular action under temporary excitement, until passion can subside and reason regain its supremacy. B. The minority must quietly submit to the majority on those points decided by the election. If they resist by force, they become guilty of treason.* 7. Best supp)ose an election has been unfairly or illegally condZcted, have the minority no remedy? Certainly. The laws regulating elections are very full and exact in every State. They prescribe who may vote, and how voters shall be registered, so that persons not qualified attempting to vote may be detected and punished. They provide sworn officers to receive and cotunt the votes; and for a recount by other officers, in case the votes are claimed to have been incorrectly counted. In elections of members of any legislative body, each house, being the judge of the qualifications of its own members, examines and decides all questions touching contested elections of such members. If anything canl be proven illegal or fraudulent in any election, all necessary means for the relief of parties injured thereby are thus provided by law. Such cases are of frequent occurrence, and can always be peaceably and fairly settled. 8. But suppose party spirit runs high, and the questions at issue have produced keen excitement among the people, so that the minority feel chagrined and aggrieved by their defeat. Have they then no remedy? * This was the attitude of the Southern States when Abraham Lincoln was elected President in spite of them in 1860. They preferred to revolt against the Union rather than submit to the result of the election. Hence the civil war of 1861. 7. What remedy have the minority if an election be gained by fraud, or illegally? 144 [LESSON 1 6

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LESSON 16] MAJORITY 0 VERNMENT. Their only remedy in such case is an appeal to public opinion. They may talk, write, and publish as much as they please, for the purpose of strengthening their party for the next election, which is sure to occur’ in one, two or four years, during which period the hope of winning the victory next time goes far to soften the hardship of defeat. But anything more than agitation is entirely inadmissible. Otherwise, thle whole fabric of government would be revolutionized or overthrown on the occasion of every election. If a rebellion is to follow one defeat at the polls, it must be allowed to all; and then instead of the beautiful order and system of our laws, universal anarchy and civil war wouldl continually desolate the land.* 9. Is not the power of the mnajority in the United States so u)li,;7ited as to be liable to abuse? This depends upon several conditions A. So long as it is exercised wholly within the limits prescribed by law, as by voting legally at regular elections, it can produce no injury to the rights of the minority. This power would be an intolerable despotism, worse than mnonarchy, were it not for the Con * In Mexico and Peru, ever since they became republics (so called) nearly every electiocn of importance has been followed by armed rebellion or revolution, originated by the party defeated at the polls. Thus the unwillingness of minorities to submit peaceably to the miiajority has almost wholly destroyed the protection which government ought to affo)rd to life, liberty and property in those countries. The SpanishAmerican republics have copied the forms of our institutions, but their people have never understood American ideas, nor will they ever have the opportunity to do so until they have first thoroughly separated the Church from the State, and established free education by the State. S. Suppose party spirit runs very high, and the minority feel aggrieved by their defeat, have they no remedy? If so, what?

What would result if they had the right of resistance? What has resulted from the armed resistance of minorities int Mexico and Peru? 9. How far is the power of the majority liable to abuse? Is it so liable when legally exercised? hlow in the case of mobs, vigilance committees, and lynching parties? Are these destructive of institutional government? How are majorities checked by public opinion? 13 145

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POLITICAL IDEAS. stitutional limitations which protect the minority. This preeminent virtue in Constitutional governments cannot be too strongly impressed upon the minds of the people. B. When it is exercised outside the law, as by mobs, vigilance committees, and lynching parties, it becomes wholly irresponsible and tyrannical. But the lawabiding disposition of the people generally discourages this class of movements, which, though they have frequently occurred in the frontier settlements, are the exception, not the rule, of American conduct. These movements are destructive of institutional government. All right-minded citizens will bend their efforts, if need be, to improve defective administration of the laws by means clearly within the Constitution. But they will not set the Ship of State on fire for the sake of destroying rats and cockroaches. C.

Majorities in the United States may and do exist on such a variety of subjects, and with reference to so many different districts; while they are so liable to change from time to time, that the use made of their power is always moderate. In fact, of late years their power has been almost wholly confined to the appointment of their partisans to office.

All party leaders know and feel that any abuse of power would recoil upon them at the next election, and probably put them into the minority in their turn. American majorities are therefore very fearful of public opinion, and this is generally a sufficient check upon them. 146 [LEssON

16

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OF THE BALLOT. LESSON XVII. OF THE BALLOT. 1. Three great advantages which a Republican form of government possesses over the Monarchical are these The Republic is constructed solely to benefit the people; the Monarchy, to benefit the governing class at the expense of the people. Hence, in the Republic, whose public officers are continually changing, no ruling class distinct from the people can be formed; but in the MAlonarchy not only the King, the nobles, and the established Church, but all the subordinate officers, become banded together as a ruling or governing class, the higher officers bequeathing their power, with their titles and wealth, to their children, whether the latter be fit to exercise such power or not.

2. In the Republic, power is divided among the different departments of the Government. The Legislature may pass a bad law, but it cannot enforce it. The Executive may desire never so much to change the laws, but he can only enforce those the.Legislature makes. The Judiciary can only administer the laws as it finds them. But in an absolute monarchy the King makes, executes and administers the laws to suit himself. Consequently his power is unchecked, and usually goes on increasing until the people revolt, and recover back some portion of their liberty by force. This tendency to augment royal power exists even in Constitutional Monarchies.

This was the case several times in the 1. What is the object of the republican form of government? Of the monarchical formi? C<T a distinct ruling class be fotnd under the republic? Why not? Can such a class be found under a monarchy? Who form such class? How do they perpetuate their power? 2. Is power divided under the republican form? How? Under the monarchical form? What results frolm the concentration of power? How does this end? LESSON 171 147 -0

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POLITICAL IDEAS. history of England, and has occurred in almost every European kingdom. 3. Though under a wise and good King monarchy may be exercised solely for the good of the people, the disposition of the King is the only guarantee for good government. A good King dies, his sonl succeeds. Who knows, until his reign has begun, that lie will imitate his father’s virtues? And if he does not-if hlie be vicious and cruel, like Nero and Caligula; warlike, like Charles XII of Sweden; effeminate, like Heliogabalus or Louis XI of France; haullgty and overbearing, like Henry VIII and Elizabeth of England, how are thlte people to help themselves, except by revolution, whose issue may prove that “it were better to bear the ills they have, than fly to others that they know not of”? Now the great advantage the republic offers over monarchy is in this: that while the powers granted to each public officer are so limited that his hands are tied for evil, and his term of office is too short to allow the necessary time in which to organize conspiracies against the public good, lie is also liable to be replaced by a better man; perhaps appointed to fill the vacancy occasioned by his own impeachment, certainly at the close of his term of office. And herein lies the crowninig glory of our system.

We have the whole community from which to select our office-hoiders.

Consequently it must always be the fault of the people themselves if any but the best men are selected for office. 4. It is the I)riivilege of every voter to express his itdividual fre]fereeice it the elections of putblic officers, acld his pri 8. Mlay not the people be happy undier a wise and good king? What guarantee have they for the continuation of such happiness? How do they know what they are to expect from the son ofa good king? low arc they to help themselves if lhe proves to be a tyrant?

Wherein lies the crownil)g advantage of the republic over monarchy? Whose fault is it if a bad man be elected to office? . Whlat is the right of suffrage? Whlat is a ballot? Describe it? [LESSON 17 148

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IOF THE BALLOT. vate views as a contribution to public opinion, by means of the ballot. This privileye is called the ” 7iglht of Suffragle.” What is a ballot? The ballot is a piece of paper on which are written or printed the nanmes of the persons and offices respectively for whom the citizen wishes to vote, and his “yes” or “no” respecting the proposition on which public opinion is to be taken. This paper is folded so that no one except the voter can know how he votes. A ballot used at an election for officers is printed as follows: For Governor……………………………..JOHN JONES For Lieuzteioant-Governor………………….HENRY WINKLE For Treasurer………………………….. JOtIN HALIFAX For Secretary of State……………..HIRAM OLIVER For Superintendent of J)Ptublic Instruction……….H. B. DAWSON f CHARLES S. CAPP LORING PICKERING For Members of Assembly………….. F. M’CRELLISH JOHN H. HITTELL [ ZENAS

CROWELL And for all the other officers to be chosen, the name of the person and the title of the office for which he is a candidate must be distinctly printed or written. If there be a measure submitted to the electors, the proposition must be written or printed upon the ballot, after which must appear the words” yes” or “no.” 5. How is an election conducted? At the time fixed in the constitution or by law for the holding of the election, polling places are fitted up by the proper officers, one or more in each school district, town 5. Describe the mode of conducting an election? What are election “precincts”? What officers preside at elections? Describe the ballot box? How are the ballots presented and deposited? How many ballots can each citizen vote? Suppose he votesmore than once at the same election? When are the ballots counted? By whom? To whom does the county clerk issue certificates of election? When is a measure declared to be carried? 13* LESSON 17] 149

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POLITICAL IDEAS. or city ward where they will be easy of access to the respective voters in such “precincts,” as they are called. The officers presiding at anl election are generally an inspector, two judges of election, and the necessary clerks. The polls are open at sunrise or at eight o’clock in the morning, and kept open till sunset. A closed box called a “ballot box” is provided, generally made partly of glass, so that the people can see its contents. A small hole is left in the top of the box. As each voter presents his folded ballot, it is taken by the inspector and at once dropped into the box. Each voter is entitled to but one ballot, and if detected voting, more than one, or more than once at the same election, he is liable to punishment. After all the ballots have been deposited, they are carefully counted by the three officers and recorded by the clerks, and to those candidates who have received the highest number of votes cast the county clerk issues his certificate of election. And the measure voted upon is declared ” carried,” if more than half the ballots thrown are found to be in favor of it. Otherwise it is “
lost.” 6. What is the advantage in voting by ballot, rather than by other methods? The principal advantage of the ballot is in its secresy. Every citizen has the right of “free opinion.” This would be of no use to him except he were also protected in the free expression of opinion. Now, as there is no escape from the result of the ballot, candidates and their friends are wholly dependent for their success on how each person votes.

If they knew for whom he cast his vote, the disappointed candidates might afterwards injure him; and for fear of such injury many citi 6. What is the advantage of voting by ballot? Why is secrecy desirable? What would result if every man’s vote were known? What is the English mode of voting?

150 [LESSON 17

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OF THE BALLOT. zens occupying dependent positions in society might be induced to vote contrary to their own wishes. For instance: a wealthy manufacturer or contractor might say to the hundreds of citizens in his employ, “Vote for my frienids, or I will discharge you from my works.” Now if Americans were to vote as the English do, viva voce, that is by speaking the names of the persons voted for, the employer could note each mal’s vote, and could discharge those who voted against his interest. (The viva voce method of voting is kept up in England apparently to enable the nobility to control the votes of their tenants; hence the opposition of the House of Lords to the recent attempts to introduce the ballot in that country.) But as the ballot is secret, no man knows how another votes, and thus the free choice of the individual is protected. Even the employes of the Governmenlt may vote against it; no one can call tlfiem to account for what cannot be proved.a 7. Is all voting in the United States done by ballot? All voting by the people at elections in the Northern and Western States is required by law to be done by ballot. But in the State Legislatures, and in Congress, all voting is by “Yeas and Nays.” That is, each member speaks his vote aloud, so that it may be heard by all present, and recorded by the clerk. The reason of this is, that legislators are the servants of the people, to whom they are responsible for all their public actions. But the people would not know whether to approve or condemn their acts, unless it were known exactly what they have done. The legislator is judged by his record, and this is found in the books of the clerk, and is also published in the newspapers from day to 7. Is all voting done by ballot? How is it in the Legislatures? In Congress? Why is publicity necessary as regards the votes of public servants? LESSON 17] 151

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POLITICAL IDEAS. day. Publicity here is as essential as secresy is in the election by the people. 8. I~ow is voting m)anaged at p’tblic meetings, and at those of associations, and corp)orations? The presiding officer after stating the motion calls out, “All in favor of this motion will signify it by saying Aye.” Contrary minded will say ” No.” He judges by the sound whether the Ayes or Noes are most numerous. But sometimes they are so nearly equal that he is doubtfill. A ” division” is then ordered.

Sometimes this is effected by his calling out “all in favor of the motion will hold up their right hands.” These being counted, the same request to all opposed to do likewise settles the question. Or the two sides rise and go to the opposite sides of the room, where they remain until counted. But at meetings of political conventions called for the purpose of making nominations for office, the choice of candidates is generally effected by ballot. So also at elections of officers by Societies and corporations.

NOTE.-(a) The writer is, of course aware of the many devices resorted to by political parties, in so marking the backs of tickets with colors, vignettes, etc., that their challengers at the polls may know the political complexion of every voter. But this practice, though efficient for the puposes of party drill, is subversive of the American idea of the secrecy of the ballot. Probably none of the many inventions of that numerous class who are ever seeking to bend the popular will to their own private advantage, has done more injury to our institutions than this, whereby the party whip has been most effectively applied to the backs of thousands, who otherwise might have voted for the best men, regardless of party; that is as free citizens, rather than party slaves. It is time that the law everywhere forbade all such infringements upon the primordial right of a “free ballot.” 8. How is voting managed at public meetings, and at meetings of associations, corporations, etc.? Describe a “division” at suchl meetings? How is voting conducted at conventions, and meetings held for electing officers? 152 [LESSON 17

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UNIVERSAL SUFFRAGE. LESSON XVIIL OF UNIVERSAL SUFFRAGE. 1. TVhat is the qneaning of the termn “Universal Suffrage? It means that all qualified male citizens shall have the right to one vote each, without regard to their birth, their wealth, religion, attainments, or position in society.

It is a term not strictly accurate, because the privilege of votingc is far from being universal. Thus women, children, convicts, insane persons, foreignborn men who have not become naturalized, and citizens of other States who have inot ” acquired a residence,” are not entitled to vote in any State. But the term “Universal Suffirage” has been adopted in America, in opposition to the “limited” or ” quialified ” sufi’age of Elilgland, which allows only those persons who have a clear income of a certain sum per year to vote at elections. 2. ihVhy ale not the several classes of people mnentioned in the last sectio)n allowved to vote? Women are excluded for the reasons given in Lesson 7, 9, and also because, according to the views hitherto prevailing(, their natural sphere is the family, where the domestic occupations of the home and of society should exclusivbly occupy them. These occupations cannot be laid aside, in order that women should concern themselves in public matters, without great iinjury to their more important duties. 1. Define the term ” Universal Suffrage” as used in the United States? Is the term anll accurate one? Who are not allowed to vote? Why has the term “universal,” as applied to suffrage, been adopted in America? Define “limited” or “qualified”

suffrage? 2. Whiy are women not allowed to vote? Children? Convicts?

Insane persons? Foreigners? Citizens of other States? LESSON 18] 153

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POLITICAL IDEAS. Children are excluded, because they cannot have sufficient knowledge to take part in the government of the country.

Convicts are excluded, as those who break the laws are not fit to have any voice in making them. All persons convicted of felonies, that is, crimes whose punishment is confineinent in the State Prison, are deprived of their votes forever after, unless pardoned by the governor before the expiration of the terms of their respective sentences. Insane persons are of course unfit to have or exercise the right of Suffrage. Foreigners cannot be expected to understand our complex system of government, or to have aily interest in the result of an election. If they desire to become citizens, they can easily do so by complying with the law. If not, their votes might be cast ili the interest of a foreign nation. And citizens of other states, having the right of suffrage at their own homes, cannot enjoy this rigrht in two places at once. 3. Considerinq that a large part of Legislation consists in makingt laws about propgerty, and in layi)g taxes, why is not the Enzlish pro)perty qualifcatioin of voters better than ours? Because another and more important portion of lawmaking, and a large proportion of the duties of the executive and judiciary, (who are often elective in the United States, but inot in Great Britain) relate to the protection of life and liberty, in which all are alike concerned, whether rich or poor; while those laws relatil(ng to property only do not concern the poorer classes. Also, because no one can be voted for unless he be himself a citizen and entitled to vote. Now, it often happens that well educated men are poor, so that S. Why is not the English plan of requiring voters to own property better than the American plan? Which is the most important; life, liberty, or property? Have the poor any interest in questions of mere property? Have they in life and liberty? Which are the most numerous class everywhere, the rich or the poor? [LESSON 18 154

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UN!IV’ERSAL SUFFRA GE. if none except men of property were allowed to vote, sonme of the best minds in the country would be denied any voice in tile administration of the Government. 4. Who then are entitled to vote in the United States? A. Every man, white or black, born in the United States, who is at least twenty-one years old, and has resided six months*
or more in the State, and thirty days or more previous to the election in the county or precint where he claims to vote. But Indians not taxed are excluded. B. All foreignborn men at least twenty-one years old, who have become naturalized citizens of the United States. And this any foreigner may do by a residence of five years, provided that at least two years before his application for admission as a citizen he shall have declared his intention upon oath, before a court, that he intenids to become an American citizen; and at the expiratidn of the five years he swears to support the Constitution of the United States, and to renounce all allegiance to every foreign prince or state. C. Sons of persons duly naturalized, who were under twenty-one years of age at the time their fathers were naturalized, are, if living in the United States, allowed to vote as citizens after they have become of age. 5. Are the laws relating to citizenship State or Federal laws? All laws relating to citizenship and elections are enacted by the several States. But the conditions of naturalization are regulated by Congress under Article I, * In some States, twelve months’ residence is required. 4. Who are entitled to vote in the United States? Name the three classes? 5. Are the laws relating to citizenship State or Federal laws? How about naturalization laws? What does the Fourteenth Amendment provide on this subject? LE.SSON 18] 155

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POLITICAL IDEAS. Section 7, Clause 4 of the Federal Constitution, which gives to Congress the exclusive power “to establish an uniform rule of naturalization.” Aild in 1865, the Fourteenth Amendment to the Federal Constitution was adopted, whereby the number of representatives in Congress of a State denying the right of suffrage to any class of its male citizens (except in punishment of crime) is abridged in proportion to the number of citizens so debarred from voting. 6. TVhat is the meaning of the phrases, “ballot box stuffing,” ” voting early and often,” ” repectting,”

andl ” coloniz ing,” tOhich ite hear so often about election times? It is carefully provided by law in all the States, that each citizen shall vote but once at each election, and that the ballots shall be correctly counted just as they were deposited by the voters. But as bad men will always show their contempt for the law, and for the liberties of others, whenever they think they can do it safely, so several varieties of firaud have been invented by dishonest politi cians, to secure the election of their firiends in spite of the wishes of the honest voters. Thus “Stuffing ” is the corrupt and firatLaudulent insertion of a large number of ballots into the ballot box, before the ballots are collted. “Voting early and often,”

and “repeating,” (which are the same thing) are the acts of such persons as so vote more than once at the same or different polls, during the same election. “Colonizing” is the procuring of a large number of citizens, whose real residence is outside of an election precinct, to take temporary lodgings within it, so as to control the choice of its voters in their own affairs. All these, as well as every other device to prevent the 6. What is the meaning of the phrase “ballot box stuffing? ” Voting early and often “? ” Repeating”? ” Colonizing”? Are such acts (] l l? What will result when the people are deprived of the freedom of elections through fraud or otherwise? [LESSON 18 156

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UNoI VERSA L SUFFRA G E, fair expression of public opinion at the ballot box are crimes tending directly to the destruction of our form of government. As such, they are forbidden, and severely punished by law. Our system cannot tolerate any interference whatever with the freedom of the ballot. WI-hen the masses of the people are by such means deprived of this, the great palladitin of our liberties, the time will not be far distant when tyranny in its worst form, because devised and established by the worst of men, will overthrow the entire fabric of American Institutions. NATURALIZATION. 7. Hfow (oes it happez that foreiqners are allowed to becom)ne citizens of the Untited States? America was originally settled from Europe. Even at the period of the Revoluttion, many of those who fought on the American side were natives of various European countries, who, like the immediate ancestors of the native-born Americans at that time, came to this country to secure the enjoyment of liberty.

Common opinions made these foreigners equally with the natives the champions of freedom. The same community of opinion will produce the same result till the end of time. (See Section 5.) Hence it has always been the American idea that if a foreignborn resident be sincerely attached to the principles of the Constitution of the United States, he has a right to become a citizen without regard to his place of birth. 8. A great want in America has always been popula 7. Who settled America originally? D)id any foreigners assist the Americansin the Revolutionary War? Why? What made them, equally with native born Americans, the champions of freedom? What will produce the same result till the end of time? What is the Amnerican idea on the subject of admitting foreigners to citizenship? S. What great want has alwas existed in America? Itow was it remedied? What has resulted from the inlducements offered to immigrants? Were political rights 14

LEssoN 18] 157

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POLITICAL IDEAS. tion. It has therefore been deemed advisable to stimulate immigration from Europe by all the means in our power, inclusive of the offer of equal political privileges to immigrants. By these and other inducements mnillionrs of people have been enticed-away from the poverty and oppression of Europe to become fiee and prosperous members of our commonwealth. And to this immigration is due a large proportion of the wonderful growth of the United States. 9. What new idea has reselted fromn the large immigration of Europeans into the United States on the subject of change of allegiance? The old European doctrine was that Kings have a divine andcl inalienable right to the obedience of all persons born within their dominions. “Once a subject always a subject,” was for centuries an English maxim. Of course, under this view no manl’s personal wishes could be consulted as to his nationality any mnore than as to his color, his language or his race. To the Prince under whom he was born was his allegiance due through life, regardless of his inclination or of his residence in a foreign land. Among peoples who were constantly at war with each other, and whose men were always wanted for soldiers, while the restrictions upon communication and commerce prevented all but a very few from seeking a foreign residence, this doctrine long held undisputed sway.

But with the rise of the United States the question of naturalization and allegiance assumed an importance previously unthought of. The Germans and Irish crossed the Atlantic by the million, sought admission to American citizenship, became thus subject to military duty in their adopted country, among these inducements? In the growth of the United States in any degree the consequence of immigration? 9. What was the old European notion as to allegiance? Why was this doctrine universally accepted? What inconveniences were occasioned by it to American naturalized citizens?

Have any European governments changed their views on this subject? Which of them, and when? [LESSON 18 158

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UNIVERSAL SUFFRAGE. and yet were liable to be treated as traitors if captured in arms ag(ainst the country in which they were born. They were besides held liable to the various obligations of subjects in case of a visit to their native land. It is only very recently that Germiiany and Great Britain hlave been induced to yield their timehonored prejudices on this subject* to the American idea, which is 10. That every man has the natural right to emigrate from his native country, and to transfer his allegiance to any other.t The right of emigration is consequent upon the right of firee comnmunication. (See Lesson 10.) Government by and for the people would be imperfect if any class of the people, such as resident foreigners, were permanently excluded from all voice in its management. As the power of no nation can be extended so far as to protect all the rights of its subjects who reside within the territory of another nation, such subjects would lose the benefit of all government unless they were protected by that of the country where they reside. But on our theory, those who are protected are those who constitute thle Sovereign power.

Hence the doctrine of equal rights to all the people compels the admission to citizenship of all foreigners who desire it, and who comply with the laws enabling them to identify themselves with our people. 11. Moreover, the existence among us of large * Germany first recognized the right of expatriation of her subjects by treaty with the United States in 1867.

Great Britain followed her example in 1871. t See Constitution of Indiana, Art. I, Sec. 36; Kentucky, XII, 29; Vermont, I, 19. 10. S,tate the American idea? What other American idea is the right of emigration consequent upon? Would government by and for the people be perfect if any class were permanently excluded from its management? In what case wouli unnaturalized foreigners be without the benefits of government? Why does our system compel the admission of foreigners to citizenship? 11. What would be the result if large bodies of residents had no interest in the gov LESSON 18] 159

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POLITICAL IDEAS.. bodies of people having no interest in the government would naturally breed discontent and insubordination among them, thus conlverting(r them into a dangerous aid turbulent element, especially in case of a war between the Unitedcl States and the country they came fiom.

This is avoided by the transfer of their allegiance to the United States.

NOTES.-To illustrate how small a proportion of the whole population really exercises the franchise, the following table showing the white population of the whole United States compared with the number of votes cast at several of the Presidential elections will prove interesting: I’er cent of Years. White Population. Votes Cast. Votesto Pop. Votes to Pop. 1828

IO,537,378 1,160,418 I I 1832 I I, I69,616 1,290,.468 II, 1836 I2,I I17,968 1,50I,298 12 1840 14,189 895 2,402,659 17 1844 I-5,469,287

2,702,546 17 1848 17,154,551 2,874,71I2 i6 1852 20,027,899 2,936,896 I4

This gives an average of fourteen voters to each one hundred of the whole white population. But there are always a large number of voters who do not attend the elections. The usual calculation is one voter out of five of the population. It will thus be seen that each voter represents five persons (See Lesson 7-9). The above table isfrom Lieber’s C. L. and S. G., p. 432. “Virginia was the first state in the world (I655) composed of separate boroughs diffused over an extensive surface, where the government was organized on the principle of universal suffrage. All persons without exception were entitled to vote. * They considered it hard and unagreeable to reason that any persons shall pay equal taxes, and yet have no vote at elections. Servants, when their time of bondage was completed, at once became electors, and might be chosen burgesses.”-1 Bancsoft, 231.

ernment? How would this affect the United States in case of war? How is this cause of disturbance avoided? 160 [LEssON 18

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LESSON 19] TAXATION ANDI) REPRESENTA TION. LESSON XIX. OF ” NO TAXATION

WITHIOUT REPRESENTATION.’. 1. In Lesson IV, 10, we have seen that the principal object of the American Government is the protection of the lives, liberty and property of the people. This duty involves the employment of a large number of officers, who must be provided in every State, County and Town, for the purpose of arresting, trying and punishing criminals. All these officers must be paid for the time and skill devoted to the public service. There must also be provided all army and navy, for the common defense in time of war, and for the protection of our shipping in foreign places. 2. The pay of all these public servants, and other necessary expenditures of Government, require annually large sums of money, and this money can only be obtained from the payment of taxes by the people. 3. Are not taxes paid by the people under all forms of Governm2ent? They are. But in nearly all countries, except the United States and Great Britain and her colonies, the people have no voice in levying the taxes, nor any recognized right to inquire into the public expenditure. 4. What are the Constitutional principles of the United States on this subject? 1. WVhlat is the principal duty of the American system of Government? What does thls duty involve? Must public officers be paid for their services? How about an army and navy? 2. Where must the government get the money to pay its expenses? 8. Are not taxes paid by the people under all forms of government? Have the people everylwhere any voice in levying taxes? Have they any right to inquire into the public expenditure? In what countries are these rights conceded? 4. Quote the Constitutional regulations onl the subject of representation and direct taxation? Hlow are representation and taxation apportioned? How often are represenitatives apportioned? What body has the sole power to levy federal taxes? How must direct taxes be laid? 14* 161

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POLITICAL IDFAS. Article I, Sec. 2, clause 3, of the Federal Constitution, reads: “Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers.” And Section 9, clause 4, of the same article provides that: ” No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.” (This census is taken every tenth year.) Article I, Section 8, reads: “The Congress shall have power to lay alla collect taxes, duties, imnposts and excises, but all duties, imposts and excises shall be uniform throughout the Ulnited States.” Thus representation and direct taxation, so far as the Federal Government is concerned, must be in proportion to population. And Congress has the exclusive power to lay and collect Federal taxes, but can only do so in an uniform mannaier throughout the whole country. 5. The same principles precisely are found in all the State Constitutions. Their taxes are laid only by the representatives of the people, assembled in the Legislatures, while these representatives are apportioned every five or ten years, according to the population, and taxation must be equal and uniform throughout the State.

6. Ilow mary dCifferent sets of taxes are paid by the people of the United States? Every tax-payer, (except unnaturalized foreign residents) * See the Constitutions of the several States. 5. What principles on this subject are adopted in the State Constitutions? Who levies the taxes? How are the representatives apportioned? How often? How must the taxes be apportioned? 6. How many different sets of taxes are paid by the people of the United States? Who levies federal taxes, and for what are they expended? State taxes? County taxes? Town and city taxes? 162 [LEssoN 1 9

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LESSON 19] TAXATION AND REPRESENTATION. is a citizen, not only of the United States, but of his own State, his County, and his Town or City.

Each of these districts has its own government, its own expenses to pay, and consequently raises its own taxes. Thus: A. Federal taxes are levied by Congress, and are used to pay the expenses of the Federal Government.

B. State taxes are laid by the State Legislatures, for the purpose of defraying the cost of the State Governments. C. County taxes are imposed by the County Commissioners or Supervisors, and are expended for County purposes. D. Town taxes are voted at Town meetings, and City taxes by the Aldermen of the City, and these cover the cost of the Town or City governments. And in many States each School District taxes itself for the support of its public school. 7. Butt we have seen that the people who pay these taxes vote for the members of Congress, for the State Legislators’

for the County Supervisors, and for the City Aldermen. We have also seen that by virtue of the law of agency in the system of representation the people really tax themselves, through their chosen agents. In this, the only way possible, the tax-payers give their consent beforehand to all demands that may be made upon them for taxes; and, provided there be no fraud or mismanagemenlt of the public funds by the officers, all good citizens pay their taxes cheerfully. 8. TWhy are taxes usually cpaid without grumnbliny by the Americat people? A. Because they know that no government can be car 7. Do the people elect the representatives who lay these several taxes? Do they therefore tax themselves? How? 8. Why are taxes generally paid cheerfully by the American people? Can goverilmeit be carried on without taxes? Without government can there be any security to 163

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POLITICAL IDEAS. ried on without them; and that without government no man’s life or liberty would be secure. B. Because without government, property would have no value, for thieves and robbers would permit no peaceable possession or enjoyment of it. C. Because, even though our system of government should cost more than any other, it is worth more; but in reality it should cost less, for we have no large standing armies to maintain. D. Because the taxes are required to be equally assessed upon all property liable to pay them. E. Because they are levied and collected by the agents of those who pay them, and are not demanded by force. F.

Because the people have the right to call their public servants to account for the moneys they receive: to indict and punish those guilty of embezzlement, and to turn out of offiee at the next election those who betray their trust. 9. If there be no taxation without relpresentation in the United States, can it be also said that we have no representation without taxation? Practically, yes. It may be said that there are no persons ill the.community, except wild Indians, who escape taxation altogether. There is usually a small poll tax which every man has to pay.

And so long as taxes are laid upon real estate and merchandise, all who live in houses, eat food, or wear clothes, are obliged to pay a part of such taxes in the addition they cause to the prices of rents, provisions, and other articles life, liberty or property? Why is government necessary to give value to property? Is our government worth more than any other?

Does it cost more? Why not? Are the taxesequally assessed upon all? Are they levied and collected by the people’s own agents? Have the people the right to call these agents to account? How can they punish delinquents? 9.

Is there any representation without taxation in the United States? Are there any persons who escape taxation? How do people pay taxes indirectly?

Show how the price of board is increased by taxes levied on the landlord’s real estate, and on thy merchant’s goods? [LESSON 19 164

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LESSON 19] TAXATION AND REPRESENTATION. which the citizens consume. Thus the owner of a boarding house, which he could rent for $1,000 per year, may be taxed $100. The landlord therefore raises the rent to $1,100. But the tenant paying this additional rent, and also higher prices for taxed provisions than if the merchants whlo sold them were not taxed, must add all these taxes to the price he would otherwise charge for board. So that the boarder has to pay $4 per week for his meals which without taxes could be furnished for $3. Now as no voters are so poor that they cannot, as a general thing, at least pay for -their board, it happens that all who vote do actually pay taxes in some form. 10. _Bet the rich macn, who consumnes every year many times what the poor man d(oes, mngst therefore pay many times as much tax. ]Vhy theit should he not have votes in proportion? A.

Because under the Amnerican system the property of the few is of small consequence compared with the lives, liberty and happiness of the many.

(See Lesson XX, 3.) B. Because such a distribution of votes would create a legal aristocracy of wealth, thus destroyilng, equality among the people.

C. Because it would be impracticable in operation, for no man could accurately state how much he has paid for indirect taxes, alnd it would be as difficult anDl expensive to determine each mali’s voting power on this plan, as to assess and collect his taxes. 11. IVo)ezen pacy taxes, yet they do not vote. Is nt this an excelption to the rule, No tacxatioit withoutt representation? 10. Why should not the rich who pay high taxes, have more votes than the poor, who pay but little tax? What is the viluec of property compared with life and liberty? How would equality be affected by allowing votes to property? Would such a scheme be practicable? Why not? 11. Why is it not an exception to the rule of no taxation withoutrepresentation, that, women are not allowed to vole? Is this theory true in practice? What is the present state of public opinion on the question of women voting? 165

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POLITICAL IDEAS. Apparently it is, yet really it is not. In our Lesson on Representation (Lesson VII, 7) we showed that according to the original American idea the family is represented at the polls by its male head.

Latterly it is being urged that this idea does not meet the facts, because there are many single women and widows who have no male relative to represent them, but who are nevertheless taxed. It is now a question before the people whether or not on this and other grounds, women shall be allowed to vote in their own behalf. 12. How camne the principle of “No taxation without representation” to be adopted as an Amnerican idea.? It was inherited fiom Elngland by our forefathers. The British House of Commons has for centuries claimed the exclusive right to firame the tax laws of Great Britain, by virtue of the fact that its members were the only representatives of the people. The Kings formerly disputed this right, claiming that the crown should exercise it as a part of the royal prerogative. This dispute was one of the causes of the revolution which ended by the execution of King Charles I, in 1648. * But it has taken England a long while to learn “to do as she would be done by”; and tle persistent attempt of her Parliament to force the American colonies to pay taxes, while they were denied representation in that body, was one of the grievances that brought on our war of independence. You have read of the Boston tea party. It was the result of the principle “No taxation without representation.” 13. Oi what principle are the taxes levied under monarchical government? * See Lessen V, 2. 1X. How came the principle “No taxation without representation” to be adopted as an American idea” What was the old quarrel between King and Parliament on this subject? Hlow did it end? Was l’arliament willing to do as it would be done by in this connection? How did it treat the American colonies? What was the result of this? What do you know of the Boston tea party? 1:l. O0 whet principle are taxes levied under mnaiarchical governments? How in constitutional monarchy? In absolute monarchy? How was it in the middle ages in Europe?

[LEssoN 19 166 * See Lesson V, 2.

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LESSON 19] TAXATION AND REPRESEiVTATIO.,V. In constitutional monarchies, the American principle prevails to a limited extent; that is, the assembly, (called the States General, Diet, Cortez, etc.) votes the taxes as prepared by the crown ministers before the tax can be collected. But the members of such assemblies are not necessarily elected by the people, and can hardly be deemed their representatives in the American sense. In absolute monarchies, like Russia and Turkey, the Emperor or Sultan levies such tax as he pleases. But until the present century, throughout continental Europe the business of levying taxes was arbitrary, unequal, confiused and unjust. For ages an outrageous series of plunderings and robberies was committed upon all whose wealth became known to the court or its spies. Americans, since the revolutionary war have never felt the evils from which their European ancestors suffered, owing to the impositions practiced upon them by arbitrary governments. NOTES.-” The following picture of the reign of Stephell in England, (A. D. II24) from the Saxon Chronicles, may be worth inserting. “The nobles and bishops built castles, and filled them with devilish and wicked men, and oppressed the people, cruelly torturing them for their money. They imposed taxes upon towns, and when they had exhausted them of everything, set them on fire. You might travel a day, and not find one man living in a town, nor any land in cultivation. Never did the country suffer greater evils. If two or three men were seen riding up to a town, all its inhabitants left it, taking them for plunderers. And this lasted, growing worse and worse, throughout Stephen’s reigni.”-Hallam’s Aliddle Ages, 338, notes. During the reign of Henry II, in England, “The right of wardship was abused, by selling the heir and his land to the highest bidder. Women, and even men, fined (i. e., paid a tax) to the crown for leave to marry whom they would, or not to be compelled to marry any other. Towns not only fined for original grants of franchises, but for repeated confirmations. The Jews paid exorbitant sums for every common right of mankind, for protection, for justice. Men fined for the king’s good’will, or that he would remit his anger, or to have his mediation with their adversaries. Many fines seem, as it were, imposed in sport 167

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POLITICAL IDEAS. Thus, the Bishop of Winchester paid a tun of good wine for not reminding the King to give a girdle to the Countess of Albermarle; and Robert de Vaux paid( five best palfreys that the King might hold his peace about Henry Pinel’s wife. Another paid four marks for leave to eat.

Men fined to have right done them, to sute in a certain court, to impleadl a certain person, to have restitution of the land they had recovered by lawv. From the sale of that justice which every citizen has a right to demand, it was an easy transition to withhold or deny it. Fines were received for the King’s help against an adverse suitor, that is, for perversion of justice, or delay. Sometimes they were paid by opposite parties and for opposite ends. These were called counter fines, but the money was sometimes returned to the unsuccessful suitor.”-Hallam’s Middle Ages, 338. LESSON XX. OF THE SUBORDINATION OF THE MILITARY TO THE CIVIL

POWER, NO. I. 1. In reading the Constitutions of the several States, one finds such clauses as the following: “Every citizen has a right to keep and bear arms for the common defense, and this right shall never be questioned.” “No standing army shall be kept up in time of peace, and the military shall in all cases and at all times be in strict subordination to the civil power.” “A well regulated militia is tile proper and natural defense of a free government.” Standing armies are dangerous to liberty, and ought not to be raised or kept up without consent of the Legislature.“t Const. Maine, Art. I, Sec. 16; Const. New Jersey, Art., Sec. 12; Maryland, Art. I, Sec. 27; California, Art., Sec. 12. t Const.

New Jersey, Art. I, Sections 25, 26. 1. Quote the clauses from the State Constitution on the right to keep and hear arms? On a standing army, and the subordination of the military to the civil power? On the militia? On standing armies in their relation to liberty? [LESSON 20 168

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LERoS 20] MILITARY AsND CIVIL POWiER. 2. We also find in the Federal Constitution ” No State shalt without the consent of Congress keep troops or ships of war ill time of peace, or engage in war unless actually invaded, or in such imminent danger as will not adnmit of’ delay’”*

Congress shall have exclusive power to raise and support armies andI a navy; to declare war; to govern the army and navy; to provide for organizing, artmi’rn, ann ddiscipliiiina the militia; to provide for calling forth the militia to execete the laws of the Union, suppress insureitioons, and repel invasions,” etc.t 3. N’?w, qwhat mectn these r eyulctions?’ They mean the expression of three purely Amer ican ideas, all of vital importance to aur wholo system. A. That war itself is an evil, utterly inconsistent: with the life, liberty and happiness of the individual, and therefore to be resorted to only ir defense of life, liberty and happiness, nor then (emergencies. excepted) except by the deliberate choi. of th& whole nation represented in Congress. B. That not only are armies, especiaI, stalnding armies, dangerous to the liberties of the peaople, an has been and yet is constantly proved by history, but that the habits of camp life are fatal tly the personal independence of the soldiery, thus im t,me unfitting them to be freemen. C. That as the moral strength of the naffoir lies in the aggregation of individual opinions, thum forming * Federal Constitution, Art. I, Sec. 10, Clause 2. t Federal Constitution, Art. I, Sec. 8, Clauses 11-16. S. Quote the clause from the Federal Constitution on the limitation to the pow,e T of the States as to keeping troops and engaging in war? As to the exclusive powerA of Congress over war matters? 8. Repeat the three principles which are expressed by these clauses? 15 169

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POLITICAL IDEAS. public opinion, or the public mind; so the physical force of the nation resides in the arms of the people, which constitute the public body. As the mind of a man rules his body, so the public mind shall rule the public body. Let us examine these propositions in detail. 4. War itself is an evil, utterly inconsistent with the life, liberty and happiness of the individual, and therefore to be6 resorted to only in defense of life, liberty angd happiness; nor then (emergencies excef’ted) except by the deliberate choice of the whole nation represented in Congress. History is written in the blood of the slain. Its every page is stained with the gore of multitudes who, in every country except our own, have been continually offered up as sacrifices to the ambition of their rulers. For ages the favorite hero has been the conqueror; that is, the monster who has killed the largest number of his fellow-beings, made the most widows and orphans, destroyed the greatest amount of the products of human labor, and done the most to prevent the progress of civilization.

For the wars waged to aggrandize such men, monarchy is largely responsible., The King is but one man. The power to wage war rests in his single breast. His standing army is ever ready to attack his weaker neighbors, or to crush his own people in case of revolt against his tyranny at home. On whom fall the evils of warfare, if not on the masses of the people? What matter to the rank and file of the army who are slain, or maimed for life; what matter to those who are beggared in fortune, to the widowed and orphaned, whether their sovereign be victor or vanquished?

What liberty can there be for the subject who is liable at any moment to be conscript 4. What is the chief subject dwelt upon in history? Who has always been the favorite hero? Why is monarchy favorable to a state of war? On whom fall the evils of war? What libert.y can the subjects of a warlike king enjoy?’ Would there have been less war if the consent of the people had always been necessary before declaring it? 170 [LESSON 20

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LF.SSON 20] MILITARiY AND CIVIL POWER. ed, separated from his dependent family, and subjected to the labors, privations, sickness, and death incident to campaign service? How much less would war have ravaged thle world had the deliberate consent of the people been always necessary before declaring it? 5. These evils, so palpable, so grievous, are utterly intolerable to freemen, except they be forced upon them in self defense.

Then, indeed, when a power uncontr6lable by the civil law threatens the peace, the integrity, the honor of the nation, or the lives and liberties of the citizens, war becomes the only alternative to a permanent submission to tyranny and outrage. But so reluctant have the United States always been to engage in it, even in self defense, that the colonies patiently endured British misrule and oppression for ten years, from 1764
till 1774, before they commenced the Revolutionary war. And the same patient endurance was shown towards France during Washington’s administration as President, and towards England for more than six years, (during which she captured nine hundred American vessels) before the war of 1812.* The effect of these long delays, incurred while seeking to avert war by negotiation, was that Congress was supported in its action by the public opinion of the country, and hence both those wars were successful.

But the United States have never yet waged an offensive war. So long as our institutions are preserved in their purity they never will. Peace is the normal condition of American society, for in peace only can our citizens individually enjoy * Swinton’s Condensed History of the United States. S. Are the evils of war tolerable to freemen? Only in what case?

Illave the United States been reluctant to engage even in defensive wars?

How was it before the Revolutionary war? How before the war of 1812? What was the effect of the long delay in declaring those wars? Have thie United States ever engaged in offensive war? What is the normal condition of American Society? Why? 171

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POLITICAL IDEAS life, liberty and happiness. In this, civilized society is like a forest; the storms which break and uproot the trees, the fire which devours every green thing firom off the face of the earth, are destructive of all growth, perfection, usefuiness and beauty. 6. Not oly are armnies, especially standigg armies, dctngerous o to the liberties of the people, as has been and /et is constantly proved by history, but the habits of camtp life are fatal to the personal independence of the soldiery, thus in timne unfttitg thenm forfreemnen. Julius Coesar was for many years a successful Roman general in ancient Gaul. Being a man of genius, learned, eloquent, an excellent soldier and ambitious, he formed the design of making himself master of his country by means of the army, whose affections he had won fiom their nation to himself. He accordingly marched upon Rome, whose people, expecting anything butt treason from their favorite general, were wholly unprepared to oppose him. He seized the city, overthrow its free institutions, and made himself Emperor. 7. After Coesar succeeded many emperors, nearly all of whom were like himn selected, supported, (and some of them were dethroned) by the army, without any regard to the will of the people. Decay and corruption now sapped the life of the once powerful mistress of the world. The soldiers, always reeking with crime and debauchery, gave laws to thIe Empire. The Senate was corrupted, public spirit disappeared; tyranny, plunder, civil war, substituted chaos for the once boasted order of the Roman State. For several ceinturies things went from bad to worse, until the feeble remnant of the greatest people of ancient times was 6. Repeat the second of the three principles? What lesson do we learn from the treason of Julius Csesar, and the rile ofl’ the ary of the Roman Empire? What produced the downfall of that Empire? 172 [LESSON 20

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LESSON 20] MIlITARY AND CIVIL POWER. swept into oblivion by the barbarian hordes of Attila and Alaric. 8. The history of modern Europe has repeated the lesson learned from Rome, in a hundred instances; yet to this day, standling armies are everywhere the bulwarks of thrones. Between three and four millions of men are kept constantly under arms in Europe; men taken from productive industries; for the most part prevented from marrying or forming domestic ties; maintained at enormous expense upon taxeswrung from the remainder of the people; and all this merely to enable the monarch to crush the liberties of hlis own subjects, or attack those of neighboring nations, 9. But toe stated that’the habits of camnp life are fatal to the personal iidelpendence of the soldiery, thus in timne unjitting them to be freemen. The government of an army is essentially a despotism. One mind only must rule the host, and this can be done only by the stratification of the entire mass, so that each rank shall receive orders firom above, and transmit them below. But the rank and file have always to obey. To hesitate is to incur prompt punishment; to disobey is death. No individual thought, no public opinion, no freedom of speech, of the press, of communication, can be allowed in an army. Having no home, the soldier knows no social or domestic obligation. Having no trade, he loses all interest in the business of the country. And thus, unaccustomed to freedom, to the rights and duties of citizenship, he presently loses his love of liberty, and power to be free. He becomes a 8. Do we learn the same lesson from the history of modern Europe? How many menii are there il the present standing armies of Europe? What effect do these armies exert on European peace and liberty? 9. Of what nature is the government of an army? How is this kind of government effected? What have the rank and file to do with it? Has a soldier the same rights as free citizens? Has he the same social arnd business connections as free citizens have? What is somietimes t’ie soldier’s feeling toward his commander? Wlhat sometimes results from this feeling? 15* 173

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POLITICAL IDEAS. mere machine in the hands of his superiors, and learns to rely on others for his every motive. Soldiers sometimes almost worship their genlerals, while they are lost if left to themselves. Indeed, one of the elements of success in the character of a great general is the art of attaching his soldiers to his person. The men who have often been led to victory by the same leader, learn to look upon him as the sun in the heavens. He is all there is to them of government, wisdom, forethought, and power. What wonder that they will follow such a man through fire and flood, fighting for his interest as foi their own. caring little about those abstract qualities, patriotism and justice, in the excitement of pushing the fortunes of their darlinig commander! 10. The soldiers of standing armies thus become fit only to be the tools of the tyrant, and the dupes of the deinagogoe. Not only may such armies be turned, like those of Cesar, against the liberty of the State, but the degradation of camp life destroys the independence of character without which freedom cannot exist. As the disbandment of anl army after a war is always marked by an increase of crime among the people, so the intermingling of soldiers with citizens tends only to public demoralization. NOTES.-(a) In 17i%X

King Frederick William of Prussia, father of Frederick the Great of that nation, in letters instructing the tutors of his son.as to the kiad of education they were to give the Prince, uses following language: ” With his increasing years, you will more and more, to a most especial degree, go upon fortification, the formation of a camp, and the other war sciences, that the prince may, from youth upwards, be trained to act as officer and general, and to seek all his glory in the soldier pro.

f.tssio. This is whither it (his education) must all tend. You must 10.

What do soldiers of standing armies become fit for? In what two ways do OnAiag armies endaager liberty? 174 [LESSON 20

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LEssoN 20] MILITARY AND CIVIL POWER. both of you, in the highest measure, make it your care to infuse into my son a true love for the soldier business, and to intpress upon him that as there is nothing in the world which can being a Prince renown and honor like the sword, so he would be a despised creature before all men if he did not love it, and seek his sole glory therein.”-Carlyle’s Frederick the Great, Vol. I, page 357. The armies of Europe on a war footing aggregate 3,810,766 men, in about the following proportions:

England………………………………………… 2oo00,000ooo Germany……………………………………….. 824,900

Austria………………………………………… 733,926

Italy………………………………………….. 415,200

France…………………………………………. 456,740

Russia………………………………………….. 8oo,ooo Spain………………………………………….. 80,oo00o Turkey…………………………………………. 300,000 3,810o,766

These are supplied with 10,244 cannon, and 512,350 horses. Moreover, the military system of Russia, Germany and France is such, that the number of trained soldiers in the various reserves, scattered through the country, can be doubled in a very brief time. In Germany every young man owes the State three years of service in the army, and after his discharge he is liable at any time in case of war to be summoned to the field. The result of these military organizations is a more formidable fighting power than the world has ever before seen; but the possession of such power leads to its frequent use. Hardly a decade rolls by, that does not witness a European war. The American gratifies his love of this kind of excitement in the battle of ballots. But in Europe, where this harmless species of fighting-is unknown, political events are still decided only by bullets.

(b.) Louis Napoleon, late Emperor of the French, was a great admirer of Julius Caesar, whose treatment of his country he imitated. In 1852 he gave eagles to serve as standards to the French army, at a grand military review at Chalons. On this occasion, which he named the “festival of the eagles,” he addressed the army as follows: “Soldiers, the history of nations is in great part the history of armies. On their success, or on their reverses, depends the fite of civilization and of the country. When they are vanquished, there is either invasion or anarchy; when victorious, glory and order. In conse 175

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POLITICAL IDEAS. quence, nations, like armies, pay a religious veneration to the emblems of military honor, which sum up in themselves a whole past existence of struggles and of triumphs,” &c. If civilization in this nineteenth century depends on the success of armies, it would be interesting to inquire of Louis Napoleon, now (I872) in exile, whether he deems French civilization to be inferior to the German, because the latter have been victors in the recent war? To such absurd sophisms are the minds of those monarchs driven, who seek to retard civilization by their adherence to the tyrannical principles of the dark ages! LESSON XXI. OF

TIlE SUBORDINATION OF TIIE MILITARY TO TIlE CIVIL POWER, NO. II. 1. The third proposition in our last lesson was: ” That as the morcdal strength of the nation lies in the aggregation of individual opinions, thus formnitg public olpinion, or the public mind, so the physical force of the nation resides in the arms of the people which constitute the public body.

As the mind of a man r~les his body, so the public mind shall rule the public body. We have seen that the civil power in the United States exists only by virtue of public opinion, as expressed in laws framed by the agents of the people.* We have also seen how the numerous and complex institutions of government all move harmoniously, each in its own orbit, bound together by the common object, “the greatest good to the greatest number,” as the planets are by the universal bond of gravitation,t and we have seen that peace is the normal condition of the American people. 2.

Now would not all this beautiful system and order be See Lesson VIII, 11. t See Lesson VI, 8. 1. Repeat the third of the three propositions? .

Would not tile system and order of American institutions be destroyed if the army were allowed any power in politics? What dangers would result frot it? 176 [LEssbs 21

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LESSON 21] MILITARY AND CIVIL POWER. thrown into confusion if the arnmy were allowed the smnallest in fluence in shapiny the political cou(rse of the coun?try. Would not the soldiers interfere at elections, compelling citizens, as in France, to vote to please their commanders? Would not a popular general be able to elect himself emperor, to override and abolish the Constitution, and thus to destroy liberty in the interest of his own despotism? The history of both Napoleons shows how easily this may be done. 3. To forestall such perils we treat the army as “a good servant, but a bad master.” We have invented a system whereby, when the defense of the nation requires it, an immense army can be produced at short notice.

But when the emergency is over, the soldiers are at once returned to their homes and private occupations. 4. tVhat then are the peculiarities of the American military systemi? A. A small regular army, sufficient merely to garrison the forts, protect the military property of the nation, and keep the Indians in check, is always maintained. But the term of enlistment is limited to five years. B. The Federal Government has established a large military academy at West Point, where a moderate number of young men, drawn from the several States in proportion to their representationl in Congress, are educated in the science of war. This institution is relied on to furnish commanders for the national troops in case of war. C. Every individual throughout the nation has 8. How do Americans treat their army?

Have we a military system of our own? 4. State the peculiarities of the American military system? A. WVhlat about the regular army? Its terms of enlistment? B. T”hie military academy? Its object? C. The citizen’s right to keep and bear arms? 177 l 4

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POLITICAL IDEAS. the Constitutional right to keep and bear arms. This accustoms the people to their use. (This right is not allowed by governments that are afiaid of the people.) D. The Federal Government constantly manufactures and keeps on hand immense quantities of cannon, small arms and military stores, which are kept in its various arsenals throughout the Union. E. Each State has its own militia system, under which volunteer companies and regiments are formed from among the citizens. The officers of these troops are appointed by the Governor, who is the State Commander-in-chief. These troops are not paid except when in actual service. But they are drilled ofien enough to discipline them, without taking them away from their families or business for that purpose.

F. Should any riot or insurrection occur too strong to be put down by the Sheriff of the County where it happens, the Sheriff, who is a civil officer, applies to the Governor for aid. The Governor, also a civil officer, being first satisfied that the necessity exists, orders out the State troops. If the available power of these troops be insufficient to enforce the law, he calls upon the President of the United States for assistance. The President, another civil officer, thereupon orders the regular army to the scene of disturbance. If this be not strong enough, he calls out the militia of all the States. If the organized militia of all the States be insufficient, he will call for volunteers, a certain number, proportioned to the population, being sum moned from each State. These are paid and armed by the Federal Government, and commanded by Federal Generals, though the State Governor appoints all officers below the .D.

The Government supplies of arms and military stores? E. The militia system of the States? F. Describe the manner in which military force is called into action in case of insurrection or invasion? [LESSON 21 178

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LEssoN 21] MILITARY AND CIVIL POWER. rank of Colonel. If a sufficient number of men will not volunteer, that is, offer voluntarily to serve for tje “bounty” and pay tendered by the Government, then the President orders a “draft,” which compels the service of those citizens drawn by lot, unless they furnish a substitute. In these ways an army can always be obtained. The Government had an army of over 1,000,000 men in the field at the close cf the rebellion of 1861. G. The army never votes as a body. But the soldiers who are citizens of the several States vote while in camp at such elections as are held in their own States. These votes are counted at their homes, as if they were personally present. H. No enlistment of volunteers is permitted for a longer term than three years, or for the war, so that the soldiers shall not have time to forget their independence as freemen, or to become too strongly attached to their leaders. I. The commanding officers receive their orders from the civil Government, by whom they are held to a strict accountability through martial law. J. In case of invasion, the mode of procedure would be the same as in case of insurrection, except that the first movements of defense would originate with a State Governor or the President. K. No State has any authority to declare war, to keep a standing army in time of peace, or to keep ships of war without consent of Congress. 5. By these means the military is rendered capable of G. Does the army vote as a body? How do soldiers vote?

H. For how long are volunteers enlisted? Why is the term limited? I. From whom do the commanding officers receive their orders? [navy? K. Has any State the authority to declare war? Or keep a standing army or 5. Are these means sufficient for the requirements of the nation in case of defeni ar? Have we need of an army for aggressive wars? Do the United States see ttack or oppress other nations? Is the military always kept subordinate to the civil power? Have the United States always prospered in war? How long only will they continue to be victorious? Why? 179

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POLITICAL IDEAS. sufficient power and service to protect the nation in all cases of defensive war. We want no army and navy for any other purpose. We seek not to attack or oppress our neighbors, and we have no neighbors, at least on our continent, strong enough to be at all likely to attack ius.

In all events the military is kept in strict subordination to the law of the land. Our military system is a new thing in history; buit that it is eqnal to any in the world for the protection of liberty and honor, is proven by the fact that we have been victors in all our wars, whether foreign or domestic. And our armies always will be victorious so longR as we fight only in self-defense. The reason of this is, that defensive war is always just. It is in such wars that the sacrifices of patriotism, courage, energy and devotion are sure to be offered by every citizen upon the altar of his country. And when a great nation is thus excited to act all together, no power on earth can resist it Thrice is he armed who hath his quarrel )ust.” LESSON XXII. OF THE FOREIGN POLICY OF THE UNITED

STATES. 1. In what respects has America shown more justice and magnanimity in her treatment of foreign nations, than any other coutntry? We have seen in Lesson I, 5, that “political liberty is the freedom to every individual to do as he pleases, so long as he does no evil to any one else.” Freemen taught in this principle cannot divest themselves of the idea that 1. To what international principle does the idea of political liberty lead? Does America claim a higher grade of Christian civilization in her treatment of foreign powers, than any other nation? 180 [LEssON 22

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FOREIGN POLICY. nations as well as individuals have a natural right to do as they please, so long as they do not molest other nations. In her recognition of the rights of other nations, America can safely challenge the world to confute her claim to a loftier place in Christian civilization than has ever been attained by any other nation. 2. We have in foregoing lessons alluded to the maxim ” Might makes Right,” as practiced for ages by monarchical governments. We have seen that European history is but the narrative of never-ending struggles among monarchs to rob each other of their dominions. We have not space in this little work for more than brief allusion to these facts of universal history. But we urge you to repair a great neglect of the present generation of Americans by cultivating the study of history. By this course only can you learn to appreciate the institutions of your country; in contrasting their freedom, their beneficence, their tender care of human happiness and of justice, with the abominable system of canonized crime, out of which, like the flower bed out of the manure heap, our principles of government have been developed. 3. By the study of history you will learn that from the earliest ages the only recognized mode of aggrandizing a nation was by the conquest of its neighbors. Sesostris of Egypt, the earliest conqueror of whom we have any record, began the long story of aggressive wars. He was followed by Cyrus and Darius of Persia, Alexander of MIacedon, by the republic and empire of Rome, by Carthag(e. Then come the names of Attila, Alaric, the 2. What was and is the monarchical principle in dealing with weaker Governments? What is European history a narrative of? Is history a necessary study in learning the value of American ideas? Why? 3. What has been the recognized mode of aggrandizing European nations? Who was the earliest conqueror? Name some of the principal conquerors in the old world? Did any of those conquerors accord any rights to the conquered beyond those mentioned in the laws of war? Did they think or know of any mode of gaining territory except by force? 16 LESSON 22] 181

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POLITICAL IDEAS. Caliphs of the East, Charletnmagne, Tamerlane, Genghis Khan, William the Conqueror, Charles V of Germany, Ferdinand and Isabella of Spain, Louis XIV of France, Charles XII of Sweden, Frederick the Great of Prussia, Marlborough, Napoleon I, besides hosts of lesser names down to Frederick William, Von Moltke, and Bismark of Germany, in 1871. All of these won their fame by the conquests of other nations, whose territories they added to their own or their sovereign’s dominions. But who among them all ever realized that the conquered had any rights beyond those mentioned in the laws of war, which the victors were bound to respect? Which of them ever dreamed of consulting the wishes of the people of a conquered province in the matter of their government, or of paying for the lands annexed? Which of thein ever thought, while dethroning vanquished kings, dispossessing people of their property, carrying them off into captivity or slavery, or at best compelling them to pay tribute, as the alternative of worse suffering, that there was any law, higher than mere brute power, which entitled the defeated party to any mitigation of their fate-? 4. You will also observe in reading history that all these belligerent nations regarcted each other either as energies or allies, with respect to present or future wars; so that diplo macy was useful mainly to arrange alliances for the next invasion. Thus nearly all European wars have involved several nations, some of which had no quarrel of their own, but took sides in the fi,ght either for the sake of their share of plunder, or to prevent some nation from becoming stronger thon the rest. 5. Even the original settlers of our country 4. How did those belligerent nations regard each other?

What was the principal use of diplomacy? Did European wars generally involve more than two nations? 5. Did the early American settlers bring over the European ideas on these subjects? How did they acquire the lands of the Indians? How did William Penn [LF~SON 22 182

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FPOREIGN POLICY. brought these barbarous notions with them. They thought nothing of robbing the native Indians of their lands, or of forming alliances with some tribes for the sake of exterminating others. None of them except Penn and his colony of Quakers considered that the Indians should be paid for their patrimony. And in the old French war of 1754, the New Englanders did their best to assist the British in driving the French out of Canada, and conquering that province for old England. But when American independence had been won, and the Federal Constitution adopted; when the great Washington had uttered his farewell address to his countrymen, full of wise and beneficent counsels as to their intercourse with foreign nations; a purely American system of foreign policy was adopted. 6. This system is expressed in the phrase: “Peace and friendship with all nations, but entangling alliances with none.” America makes no aggressive war. She accords to all nations all their rights; seeks commercial intercourse with all; claims respect and immunity. for herself and her citizens from all; but abstains from political connections with any of them. Out of these general ideas has grown that of purchasing from foreign nations such territory as we require for our ow’n purposes. In pursuance of this idea we have increased our area to more than eight times that occupied by the original thirteen states; and this we have done without depriving any nation of its just rights, without engaging in the quarrels of acquire his lands from the natives? Did New England assist in the conquest of Canada from the French? When and how did the present American idea originate? 6. What phrase expresses the fort igi policy of the United States? Whal are the peculiarities of this policy? What idea has grown out of these general principles? How do we acquire foreign territory? How much land have we thus acquired? Have these acquisitions been attended by any injustice to other nations? Have we engaged in the quarrels of other nations; or prosecuted any war for the purposes of robbery or spoliation? LESSON 221 183

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POLITICAL IDEAS. other nations; or prosecuting any war merely to gratify the thirst for robbery and spoliation. 7. These acquisitions have beenii as follows: In 1803, we purchased from France all the territory between the Mississippi River and the Pacific Ocean-all of which was then called Louisiana. For this we paid $15,000,000, and by this purchase we avoided a war with Napoleon I. This was the first instance in the world’s history in which purchase instead of conquest was resorted to, for the purpose of adding to the territory of a strong and ambitious nation.* In 1818, we purchased Florida from Spain for $5,000,000, again avoiding a war through this negotiation.t In 1845, Texas was annexed at thie request of her government; the United States assuming her debt of $10,000,000. This brought on a war with Mexico, (which attacked the American troops sent to occupy the western part of Texas); resulting in the defeat of the Mexicans, and occupation of their country by our armies. But this war was closed in 1848, by a treaty whereby Mexico sold to the Unllited States all her claim to the disputed part of Texas; also all the territory now included in California and Nevada, Utah, New Mexico and Colorado Territories. For this the United States paid to Mexico $15,000,000, and assumed the payment of Americani claims against her to the amount of $3,000,000 more. To all the inlabitants of the purchased regions were guaranteed their liberty and property, the right of self government, and citizenship if they desired it.+ This is the first case recorded in history in which a conquest was followed by the payment to the * Spencer’s History of the United States, Div. V, page 37, et. seq. t Ib., Div. VI, 322. t See the treaty of Guadalupe Hidalgo. 1. Relate the particulars of our purchase of Louisiana? Florida? Annexation of Texas? Relate the history of the purchase of Californiia, Nevada, Utah, New Mexico and Colorado? Of the Mesilla Valley and Arizona? Of Alaska? [LEssON 22 184

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FOREIGN POLICY. vanquished of the-full value of the lands taken by the victor. In 1854, we purchased from Mexico the Mesilla Valley and Arizonia Territory, for which we paid $10,000,000. In 1868, we purchased from Russia the territory of Alaska, for which we paid $7,000,000. 8. We have also settled questions of disputed boundaries, and other subjects of contention, with Great Britain on several occasions, each time removing causes of irritation that in Europe would surely have resulted in war.

Thus in 1842, the northeastern boundary of Maine, and vexatious difficulties about the fisheries, were amicably settled by Daniel Webster and Lord Ashburton, who were appointed commissioners by the respective Governments for that purpose.* In 1846 we made a similar settlement with Great Britain of the northwestern boundaries of the United States, whereby we acquired a quiet title to Oregon and Washington Territories, by giving up our own claim to the lands lying north of latitude 49~. And in 1871, a dispute growing out of this last treaty has been referred to the Emperor of Germany for arbitration. 9. The same principles have always regulated our dealings with the Inditns. Notwithstanding the barbarism and cruel treacheries of these savages, and their weakness compared with our power, our Government has always refused to deprive them of their lands without payment. Hence the expenditure of several millions of dollars annually in the administration of Indian affairs, and the making of a separate treaty, purchasing the lands of every * See Ashburton Treaty, U.S. Statutes. 8.

What settlements avoiding war have been made with Great Britain? 9. What principles have marked our treatment of the Indians? 16* LEssoN 22] 185

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POLITICAL IDEAS. tribe before sending the Government surveyors to lay them out in farms for sale to settlers. 10. You see, in this brief sketch of the foreign policy of the United States, how carefully the nation has followed the sage counsels of the Father of our Country. Said Wash ington, in his Farewell Address: “Observe good faith and justice toward all nations. Cultivate peace and harmony toward all. Religion and morality enjoin this conduct: and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened and at no distant period a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence.

Who can doubt that in the course of time and things the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it? Can it be that providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas, it is rendered impossible by its vices.” 1L Finally, though there is no international law which protects weak nations from robbery and extortion by the stronger, the United States in this matter are a law unto themselves. With us, the rule to “do unto others as we would they should do unto us,” is a sufficient pro tection to the rights of other nations at our hands. To have been the first people to apply the Golden Rule to national conduct, is a higher glory than if a conquered world were bleeding at our feet. 10. Give the substance of the extract from Washington’s Farewell Address? 11. Is there any international law which protects weak nations fromn stronger ones? What law governs the United States in this particular? What great glory have we acquired from our treatment of weak nations? I 186 [LEssoN 22

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ARISTOCRACY. LESSON XXIII. OF THE AMERICAN IDEA OF ARISTOCRACY, NO. I. 1.

What clauses of the Federal Constitution forbid the existence of orders of nobility or the conferring of titles in the United States? Section 9, of Article I, reads: ” No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office or title of any kind whatsoever from any king, prince or foreign State.” Section 10, of the same Article, reads: “No State shall grant any title of nobility.” Several State Constitutions contain similar prohibitions. 2. In Lesson III, we learned the difference between the doctrine of the divine right of kings and the popular basis of government.

Iii the former we saw that the nobles derived their power and estates from the king,* in return for which they supported the throne by helping to keep down the people: whose natural rights were impaired to the extent of the exclusive privileges monopolized by the nobles. In Lesson I, we showed you that liberty cannot exist except among equals. The Fathers of the Republic were therefore extremely jealous lest any title of nobility should be acquired by Americans. Hence the prohibition in the Constitution, both to the Federal and State Governments, ever to grant a title of nobility. Hence the forbidding of any Government officer to receive * “All degrees of nobility and honor are derived from the king as their fountain.” Blackstone’s Corn., XII, “Of the Civil State.” 1. Repeat the Constitutional prohibitions of orders of nobility? 2. Were the early Americans jealous lest titles of nobility should be created? Why? On what condition can a foreign nobleman become an American citizen? LEssoN 23]

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POLITICAL IDEAS. such title from any king, prince or foreign State. Hence no foreign nobleman is allowed to become a naturalized citizen of the United States, unless he abjures his title of nobility.* 3. The American “
fathers” believed only in Nature’s noblemen -that ” an honest man is the noblest work of God.” And the system they framed has now for a century developed the nobility of nature in tens of thousands of minds, which but for liberty and popular education would only have illustrated those lines of Gray: “Full many a flower is born to blush unseen And waste its sweetness on the desert air Full many a gem, of purest ray serene, The dark unfathomed caves of ocean bear.“t 4. The American idea of aristocracy is beautifully expressed by Robert Burns, in his song entitled: A4 MAN’S A MAN FOR ALL THAT.“t Is there, for honest poverty That hangs his head, and all that? The coward slave, we pass him by, We dare be poor for all that?

For all that, for all that, Our toil’s obscure, and all that; The rank is but the guinea’s stamp, The man’s the gold for all that. What though on homely fare we dine, Wear humble gray, and all that; Give fools their silks, and knaves their wine, A man’s a man for all that; * See Act of 17.95. t Gray’s Elegy in a Country Church-yard. t I have taken the liberty to make this poem intelligible to American youth by substituting English for some of its Gaelic words. 8. In what kind of nobility did the American fathers believe? What has resulted from the system they framed? 4. Repeat the song quoted from Robert Burns? 188 [LEssoN 23

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ARISTOCRACY. For all that, and all that, Their tinsel slow, and all that, The honest mnan, though ne’er so poor, Is king of men for all that. You see yon ninny called a Lord, Who struts, and staies, and all that, Though hundreds worship at his word, He’s but a fool for all that; For all that, and all that, His ribbon, star, and all that, The nsan of independent mind He looks and laughs at all that. A king may make a belted knight, A marquis, duke, and all that, Bait an honest man’s above his mightGood faith! he must not try that; For all that, for all that, Their dignities, and all that, The pith of sense, the pride of worth, Are higher ranks, for all that. Then let us pray, that come it may, As come it wuill, for all that, That sense and worth, o’er all the earth, May take the prize, and all that; For all that, for all that, It’s coming yet, for all that, That man to nan, the world o’er, Shall brothers be, for all that. 5. Is it not unjust, as well as absutrd, that one class of men should claim the right to lord it over others? ifow could such a system have originated? The freedom which every body in America enjoys is a new thing. One hundred years ago it was only beginning to exist. You will not therefore be 5. Is American freedom a new thing? Where else does it exist? Are you a descendant of slaves? Describe the condition of the lower classes in England three hundred years ago? How did many of the present family names originate? Lmssos 23] 189

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POLITICAL IDEAS. startled when told that you, and probably all your acquantaince, are the descendants of slaves! Under the Feudal system in Europe, as you learned from Chapter II of the Introduction, the lands all belonged to the lords by grants from the King. The lower classes of the people were attached to the lands, and were deemed a part of the property, just as were the slaves on the southern plantations before our civil war of 1861. We know men whose family names are Smith, Aliller, Farmer, Shepherd, Carpenter, Weaver, Hloulder, and so on. But MAr. Ailler’s ancestor was not called Mr. Miller; he was called Jack the Miller, the bond slave of the lord on whose land he was born. He and his mill, his wife and children all belonged to his lord. Robert the smith did his lord’s smithing. Billy the carpenter made his lord’s wood work. Jimmy the shafter made his lord’s arrows, and Hugh the farmer plowed and sowed, and reaped and garnered for his lord. Less than three hundred years ago, Queen Elizabeth had no less than three thousand of these serfs or slaves on the crown lands of England. 6. Hfow was this class emancipated? It was never done by positive law, but it came about slowly and gradually by custom.

Some wise lord called Jack the plowman, and said:” Jack, give me a hundred bushels of wheat a year, and what you make over that you may keep for yourself.” He called Hlugh the miller, and said: ” Hugh, give me fifty sacks of flour a year, and you may run the mill for yourself,” and so on.

Thus the personal service of the serf was turned into rent, and these slaves were permitted to own the wages they earned beyond their rent. But they did not yet own themselves. They, their wives and children, still belonged to their lord. 6. How were the English serfs emancipated? What was the origin of rent? What powers did the lords exercise over the serfs?

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ARISTOCRACY. He still could force them to work upon his highways without wages; compel them to join him in the chase; lead them out to war; or force them to beat the ponds all night long to keep the frogs firom croaking, so that he might sleep. 7. But some of these serfs who thus paid rent were idle and thriftless, and by and by there appeared other serfs, more industrious and intelligent, who offered to take their lands and pay a higher rent. The lord availed himself of this competition in rents, and thus the lazy serfs were torn up by the roots from the soil in which they had vegetated; were forced to move off and take care of themselves, and became free without intending it. Hugh the miller thus became MIr. Miller; Billy the carpenter, MAr. Carpenter; and Jack the smith became John Smith, Esq. THE LOWVER CLASSES STILL DEGRADED. 8. But though no longer slaves, this new class of freemen did not rise in the political or social scale.

There was no common school system in England to destroy the differences between men born of high or low degree. They have no suffrage in England now, as mere men, for they cannot vote without some property qualifications. They were regarded as a clownish and degraded class. Even Shakspeare, whose father could not write, and who could probably trace back his own lineage to some svear-shakizg slave, puts into the mouths of his upper classes such phrases as, “Mechanic slaves with greasy aprons”; “Mechanical and dirty hand”; “Base dunghill villain, and mechanical”; “Hard hands of peasants”; “Worthlless peasants”; “Base lacquey peasant”; “Rogue and peasant.” And so slow Y. How came the serfs free? Did they seek to be free? Was their freedom the result of law? 8. Did the freedmen rise in the social scale? Have men the right of suffrage in England, as mere men? What is the qualification of voters there? What language does Shakspeare use in speaking of the laboring classes? What is now the comparative standing of the laboring classes in all European countries?

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POLITICAL IDEAS. has been the progress of our emancipated ancestors, that less than a century ago, waiters at the English taverns used to wash the money which they gave back in change to the gentry, dry it with a clean towel, and then present it on a silver salver! Iu England, and indeed, over all continental Europe, the laboring and mechanical classes are despised by the ” ladies” and “gentlemen” of the upper circles, and occupy a position of inferiority, fiom which it is almost impossible for them to emerge, otherwise than by emigrating to America.* 9. Hbow facrel it with the nobility all this time? How fares it yet with them in nearly every European country? Possessing privileges granted to them or their ancestors by the king; they own the land on which all others are rent-paying, tenants. Rolling in enormous wealth, the proceeds of their rents, they lack nothing that money can buy. Education in its highlest sense, architecture and other fine arts, social eminence, political influence, seats in the House of Lords of which only death or treason can deprve them-these are but a few of their privileges. In England, a peer of the realm cannot be arrested in civil cases. Sitting in judgment, he gives not his verdict upon oath, like an ordinary juryman, but ulpon his honor! He answers also to bills in chancery upon his honor, and not upon oath. It is much more penal to spread false reports of the nobles than of other men; scandal against them be ing called by the peculiar name of scandalurn )nag)zctun, and subjected to peculiar punishments by divers ancient statutes.t 10. The nobles attend upon the King’s person. They are * The last three pages are altered from a speech delivered by Hon. J. W.

Dwlnelle, at San Francisco, August 27th, 1871. t Blackstone’s Corn., ~

402. 9. Iow fares it with the nobility? What legal privileges has an English lord? 10. What is the position of the nobles in the English government? 192 [LEssoN 23

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ARISTOCRACY. always members of his ministry, high in command in the Army and Navy, preferred by the king for foreign ministers and as governors for colonies. They have the right to appoint priests in the State Church to their livings. And when assembled in the House of Lords, no measure can become a law until it has received their approval. The House of Lords constitutes the highest court of appeal known to the English law. The nobles alone have the right to hunt in the king’s forests, and to reserve large tracts for game parks, though the lands thbis wasted be never so much needed to raise food for human beings. 11. You now see how the modern system of European nobility originated, and how its operation tends to divide society into classes. You can also form some idea as to its injury to the rights of the people, its utter inconsistency with the American doctrine of equality, and its consequent injustice to the great mass of mankind. Of the absurdity and falsehood of the pretensions of the nobility and gentry we shall treat in the next lesson. LESSON XXIV. OF THE AMERICAN

IDEA OF ARISTOCRACY, NO. II. 1. The question remaining for discussion at the close of the last lesson was: Is it not absurd that one class of men should claim the right to lord it over others? The modern European idea of exclusive privileges con 11. Are orders of nobility injurious to the people? Are they consistent with equality? 1. Was the idea of conferring special privileges on the ruling class absurd, under the feudal system?

How is it in reference to the pretensions of the descendants of the old nobles? 17 LESSON 24] 193

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POLITICAL IDEAS. ferred upon the ruling class originated from the feudal system; and as a part of a consistent whole, though erroneous and oppressive, it was not absurd originally. But when we come to consider the pretensions of the descendants of those ancient nobles, and especially of the subordinate stratifications of society under monarchical rule, there is much which the American must either laugh at or despise. ANCESTRAL

ARISTOCRACY. 2. The highest pretensions of nearly all modern European aristocrats depend upon the so-called “purity of their blood.” That is, all they are and all they have they owe to the talents, the good fortune or position of their fathers. In England there are officers called heralds, whose business it is to trace the genealogies of those who boast of having “blue blood” in their veins, and to establish by their researches what “coats of arms ” * such persons are authorized to assume.

If, by the aid of these heralds, one can prove himself descended from some great person long since dead, European opinion deems him of better or purer blood than others not so fortunate. And this tendency to honor men for what their ancestors were, regardless of what they are themselves, runs all through monarchical society. Yet look at it for a moment. rrITS

FALLACY. 3. Every human being has two parents, four grand parents, eight great grand parents, sixteen ancestors of the * A species of inherited man-mark, highly valued by men incapable of earning any other distinction.

2. Upon what do the claims of modern aristocrats generally depend? What are heralds? For what purposes are they employed? When is an European regarded as of better blood than others? What tendency runs through European society on t his subject? 8. How many ancestors of the 15th generation does every person have? How much of any man’s blood can be “noble” in this point of view? [LEssoN 24 194

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ARISTOCRA CY. fourth generation, thirty-two of the fifth, and so on. By the time he has gone back to the fifteenth generation, or 500 years, he finds he had no less than 32,768 ancestors, of that date. Now if one ancestor out of 32,768 was noble, what do the heralds know of the remaining 32,767? Even if they prove much intermarriage among them-though fifty, or an hundred, or five hundred of them were nobleis it not self-evident that however clearly one may trace a few drops of his blood, the great bulk of it must be derived from a multitude of people, of whom he can know nothing except that they must have included all conditions and characters of men? ABSURDITY OF FAMILY PRIDE. 4. This degrading and sycophantic notion of respecting a man on account of the circumstances, property or title of his fathers, instead of estimating him by his personal qualities, is contemptible enough in the eyes of all right-minded Americans. But when it comes to be applied to those who consider themselves aristocrats by reason of the intellectual superiority of their ancestors, its absurdity becomes evident. The law of nature in matrimonial attachments causes opposites to attract each other. An intellectual man or woman generally marries a person who is mentally his or her inferior.

Their children taking after both parents, to a greater or less degree, are therefore necessarily inferior to the best of them. If this were otherwise, aristocracy would be intensified by nature, through successive generations of great minds. But so far is this 4. How do Americans regard the claims of those persons to respect who have only their inherited honors or property to boast of? How with those descended from great intellects? What is the matrimonial law of attraction? How does this affect children? What would be the result on society if this law did not exist? Do the sons of great men always degenerate? Does nature create hereditary aristocracies of talent? Do we observe such a phenomenon in our own country? What was the reply of Marius to the taunt about his low birth? LEssoN 24] 195

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POLITICAL. IDEAS. from being the case, that “the sons of great men always degenerate.” The few cases to the contrary that have occurred in history are the exceptions that prove the rule. Nature creates no hereditary aristocracy of talent. The greatest of men, such as Alexander, Aristotle, Socrates, Hannibal, Cesar, and Washington, left no children. In our own country, the descendants of Franklin, Jefferson, Jay, AIarshall, Hamilton, Jackson, Webster, and Clay, have none of them exhibited the talents of their immortal progenitors. The great men of America are in fact like Marius of Rome, who, being taunted with the remark that “he was the son of a nobody,” retorted, “I would rather be the first of my race than the last of yours.” From these considerations we see how absurd is the notion that the longer the process of diluting the blood of a great man goes on, the purer that blood becomes. As well tell us that the farther one goes from a fire, the greater are its light and heat! THE AMERICAN IDEA. 5. Now the American idea of aristocracy is drawn solely from Nature and Revelation.

We say, let all men be equal so far as human laws only are concerned; equal in rights, as they are in breathing the air or seeing the sun. But in respect to the infinite varieties of talent and character bestowed at each man’s creation by his Maker, the law must not repress, but protect the development of the individual. No two persons are created exactly alike. Some have gifts of eloquence, poetry, or fine art. Some are inventors; some authors; 5. Fromi whence is the American idea of aristocracy derived? Do we create inequalities by law? Does nature create them? How does our law treat thein? How does it protect natural talents, and acquisitions? What aristocracy results from this protection? Is tiis a natural aristocracy? Can free laws interfere with it? 196 LLEssoN 24

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ARISTOCRACY. some excel as soldiers, sailors, mathematicians, mechanics, or financiers. Now the American law protects each in his possession of all that he can himself gain by the exercise of his peculiar talent, so long as he does not trespass upon the rights of other people. Reputation is defended against slander and libel. The author is protected by the copyright laws; the inventor by the patent laws. Tile acquisitions of all are secured by the thousand provisions of the civil law. And thus during the lives of successful persons, they enjoy the benefits of a sort of aristocracy. Thus we have the aristocracy of talent; the aristocracy of learning; the aristocracy of wealth. The mass of mankind naturally honors successftul men in every calling, and successful men will naturally reverence and assist each other. But this kind of aristocracy is natural, and is consequent upon a free state of society. Freedom would be destroyed were the law to interfere with it. AMERICAN ARISTOCRACY NOT HEREDITARY. 6.

But we have no such laws as the English contrivances of primogeniture and entail, whereby property is handed down firom generation to generation, in the line of the oldest son only. Tile rich American, dying without a will, leaves his property to all his children, male and female, share and share alike. And each, being free to do what he pleases with his share, generally soon experiences the truth of the proverb, that ” riches certainly make themselves wings; they fly away as an eagle toward *Prov.

xxiii: 5. 6. Have we any laws of primogeniture and entail? What are these laws? What is their result upon society? What becomes of the rich mal’s fortune when he dies in thle United States? Can titles be conferred upon successful men in America? Must each man earn his own honors, and reputation? Does the personnel of American aristocracy continually change?

Why does it not endanger the liberties of the people? 17* LESSON 24] 197

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POLITICAL IDEA& heaven.” Even if this do not happen, a large fortune, divided into several portions, becomes diffused among several persons. The soldier, the author, the statesman, cainnot receive a title firom majesty, to be handed down to his oldest son after him. The son of the soldier must wini his own epaulettes. The son of the statesman must make his own speeches. The son of the author must write his own books. No man can profit by his father’s reputation, whilst the chances are, that in making one for himself he will be completely outstripped by the son of some blacksmith, cobbler, or hod-carrier, who never dreamed of being father to a senator, or a genius. Thus the personnel of American aristocracy changes so constantly that it is too transient ever to endanger the liberties of the people. WIO SUCCEED AMERICAN ARISTOCRATS? 7. Who but the children of the people? Who but those enjoying equal advantages of education and development under equal laws, who are clever enough, strong enough, persevering and industrious enough to win the prizes which our system offers anew to each generation? “To him that hath (talent, industry, and perseverance) Chal be given (more talent, industry, and perseverance, and their rewards in the good things of the world); but from him that hath not, shall be taken away even that which he hath.” NOTES.-Said Spotswood, a royal governor of the colony of Virginia, in I7Io0: “The inclinations of the country are rendered mysterious by a new and unaccountable humor which hath obtained in several countries, of excluding the’gentlemen’ from being burgesses, and choosing only persons of mean figure and character.”-2d Bancroft, 453 Mate xxv: 29. X. Who succeed American aristocrats? Quote the text from Matthew? 198 [LEssoN 24 * Ma,tt. xxv: 29.

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ARISTOCRACY. “The immense majority of the American families were not of the ‘high folk of Normandy,’ but were of the low men who were Saxons. This is true of New England; it is true of the South. Shall the Vir ginians be described in a word? They were Anglo Saxons in the woods again, with the culture and intelligence of the seventeenth cen tury.‘The major part of the house of burgesses now consisted of Virginians that never saw a town.’

The Anglo Saxon mind, in its serenest nationality, neither distorted by fanaticism nor subdued by superstition, nor wounded by persecution, but fondly cherishing its active instinct for personal freedom, secure possession, and legis lative power, had made its dwelling place in the empire of Powhattan.” -2d Bancroft, 452. “That the sweat and tedious labor of the husbandmen, early and late, cold and hot, wet and dry, should be converted into the pleasure, the ease and pastime of a small number of men; that the cart, the plow, the thresh, should be in inordinate severity laid upon nineteen parts of the land to feed the appetites of the twentieth, is far from the appointment of the Great Governor of the world.” Penn, I, 496. “Man is equal to his fellowman. No class can by long apprenticeship, or a prelate’s breath, by wearing black, or shaving the crown, obtain a monopoly of moral truth.”-Barclay, VII, 310, 311.

“Every man has God in his conscience. All men are alike by creation, and it is a slavish fear which reverences others as gods. What a pother has noble blood made in the world! But men of blood have no marks of honor stamped on them by nature. My Lord Peter and My Lord Paul are not to be found in the Bible. My Lord Solon or Lord Scipio is not to be read in Greek or Latin stories.”-Barclay, I, 417. For Bible authorities forbidding either the creation or reverence of privileged orders among men, the reader can consult the following: Matt. xx: 25-28; Matt. xxiii: 8-12; Matt. ii: Io; Acts. x: 34; Job. xxxiv: I9; James iii: I; 1stPeter v: 3; Romans ii: II; Jamesii: 2-9; Phillippians ii: 3; Matt. vii: I2; job.

xxxii: 21-22. “No man or association of men have any other title to obtain advantages, particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public-and this title being, in nature, neither hereditary nor transmissable to children or descendants, or relations of blood, the idea of a man born a magistrate, law-giver or judge, is absurd and unnatural.”-Const. lIassachusetts, Part I, Sec. 6. THE PRINCE AND THE

CITIZEN.-Within a year or two, the whole LissoN 24] 199

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POLITICAL IDEAS. world has had extraordinary opportunities of measuring the distance between Princes of the blood royal and a plain citizen of the United States, as anounced by public opinion. The Duke of Edinburgh visited but few places outside the dominions of his royal mother, and cannot be justly brought into competition with the latter. The Grand Duke Alexis of Russia is now on his travels, attended by a splendid fleet of war vessels, and a no less splendid retinue of courtiers and high nobility. He is received everywhere with the honors due his rank, and the generous hospitality of the nations. It is to his position, and not to the individual, that unsparing homage is done. He comes as the princely representative of one of the most powerful empires in the world-as the nearest immediate relative of the Czar-and he comes in all the pride, pomp, and circumstance of royalty itself. Wherever he goes, he will be received with the attention due to the Grand Duke, and it is meet that such should be his greeting. Another quite different picture now presents itself for remark. A plain citizen of the United States, holding no official position, representing no one but himself, in a quiet, unostentatious and perfectly republican style, makes a tour of observation extended to many countries, with as many differing systems of government, laws, habits, religion, and observances. His whole attendance is composed of two ladies and a male friend. No fleets, nor armies-none of the surroundings which herald rank and royal blood-accompany his movements, but wherever he goes, kings and princes delight to do him honor.

Potentates place their resources at his disposal. His person is as safe as if he lived in a sanctuary. Palaces fly open at his approach. Railways, war vessels, camels, and elephants are at his command. Music, feasting, and every hospitality are lavished on him by royal hosts. Nothing is omitted to render him happy and welcome. It is the man, and not his position, which commands such notable respect. It is his brilliant genius, his wonderful mental calibre, his powerful intellect, his splendid services to his country, which have provided him with Aladdin’s lamp. Such Americans as William H. Seward need no royal blood to command a world’s homage. 200 [LESSON 24

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POLITICAL PARTIES. LESSON XXV. OF POLITICAL PARTIES. 1. Americans are very apt to lose sight of the principles of their government, because their eyes are too often blinded by the glare of party fireworks. Since the earliest days of the Republic, party strife has always enlisted the feelings and passions of the whole people, from the President in the Capitol to the lowest ward politician in the cities. And to such a degree of fury has party spirit been indulged, that we seem on the verge of civil war at every general election: and in 1861 that catastrophe actually resulted on a larger scale than the world ever before witnessed, and involving consequences that will be felt to the remotest generation of our people. 2. Is the political party an American idea, or is it only an evil inseparable from free institutions? From what we learned in Lessons VIII to XI, and XVI to XVIII, concerning free and public opinion, and the means of making and ascertaining it, we see that political parties are a logical sequence of a republican form of government. The people are sovereign. The majority rules. In order to ascertain the majority, propositions must be stated and candidates nominated to sustain or oppose them; the voters must be marshaled in favor of or against them; and sufficient opportunity given to each citizen to understand what and whom he votes for at the 1. Why do Americans often lose sight of the principles of their Government? Have political parties always existed? Do they include all citizens? Do they ever threaten civil war? Have they ever resulted in civil war? When? 2.

Are political parties necessary under our form of government? Why? Can majorities be ascertained or political opinion formed on political questions without them? What machinery is used by political parties? Is party apparently superior to patriotism in the United States? Is it really so? What limit must be observed in the use of party? LESSON 25] 201

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POLITICAL IDEAS. election called to decide the questions at issue. Hence, party platforms, newspapers, political conventions, mass meetings, processions, “stump” speaking, political clubs, societies, leagues, and unions. Hence the excitements of every political canvass. Hence the apparent supremacy of party to patriotism in the public mind. And hence the necessity of always bearing in mind where the benefits of political parties end, and where the dangers of party spirit begin. THEIR BENEFITS.

3 “Eternal vigilance is the price of liberty.” ” The opposition is the glory of a free government.” While under monarchy, opposition is kept down by force, its leaders executed, or imprisoned, or banished as traitors, its meetings proscribed and prevented by the police: with us it is a portion of the grand system of checks and balances in the Government. Each set of party leaders knows that their continuance in office depends upon the majority at the next election, and that the majority will be against them if by mismanagement of public affairs they lose the public confidence. Hence one weighty reason why, no matter who holds the offices, our Government has always been so conducted as to secure all the objects for which it was created.* 4. The violent moral agitations which precede our frequent elections are a sufficient, though harmless, gratifica * See Lesson IV, 10. 8. What is the position of the “opposition’” under a free government? What is it under monarchy? What is the effect of the opposition on the minds of parties in power? What result has this produced on the administration of the,Government? 4. What is the effect of political excitement in satiating the natural love of contest in the human breast? Are men naturally contentious? How isthis passion gratified in Europe? How in America? Which method is most conducive to happiness? What should thoughtful minds tired of our politics remember? 202 [Li&ssoN 25

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POLITICAL PARTIES. tion of the popular love of excitement which, by the laws of human nature, must have occasional free vent everywhere, in some shape or other. Men naturally are contentious. They must have fighting of some kind; some cause to espouse, some enemy to overcome. In Europe this passion is sated by frequent wars; but with us it is sufficiently exhausted by the mimic war of the ballot box, without producing any physical harm to either victors or vanquished. Thoughtful minds should remember this when wearied of the party clack that is continually dinned illto their ears. Better to bear this ill than fly to its alternative, so frightfully destructive of human happiness under all other governments. 5.

Parties are the only means of causing Government to feel its responsibility to the people, by continually changing the persons who compose it. “Rotation in office” * is an American idea. Alternation in party majorities is the only means of reducing this principle to practice.

THEIR DANGERS. 6. But while political parties are necessary, and beneficial when confined within their legitimate bounds, they become fraught with the gravest dangers when allowed to exceed those bounds. Said Washington, in his Farewell Address to his countrymen: “Party spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all gov * See Massachusetts Declaration of Rights, Part I, Sec. 8. 5. How do parties affect rotation in office? What is the effect of this upon the minds of the public servants? 6. What dangers are inherent in party spirit? Give the substance of the quotation from Washington’s Farewell Address to his countrymen? LESSON 25] 203

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POLITICAL IDEAS. ernments, more or less stifled, repressed or confined: but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. “The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually iilcline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation on the ruins of public liberty. * Party spirit serves always to distract the public councils, and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another; foments occasional riot and insurrection. * In governments purely elective it is a spirit not to be encouraged. From their natural tendency it is cer tain there will always be enough of that spirit for every salutary purpose; and there being constant danger of ex cess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it de mands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.” 7. These words of the immortal Washington, so thor oughly fulfilled in our own day, should never be forgotten by any American citizen. Remember, therefore, that: A. Party spirit, like water and fire, is necessary under the American system. But it must be kept ‘. -A. What does party spirit resemble in its uses and abuses? How must it be controlled? If not controlled, what results? 204

[LEssON 26

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POLITICAL PARTIES. within bounds, or, like the flood or the conflagration, it will sweep away or destroy the whole fabric of our institutions. B.

That the legitimate sphere of political parties is in the election of men to offices created by existing Constitutions: in the promotion of measures tending to improve or alter existing laws, by Constitutional means: or in procuring amendments to the Constitution in the manner provided therein.

C. That party spirit exceeds the limits prescribed by the public safety, when it seeks to overthrow the Government by force. This is treason and revolution. D. That party becomes dangerous when it Takes geographical limits; Admits religion among its principles; Seeks to govern by a higher law than the Con stitution; Seeks the personal interest of its leaders; When its meetings are secret; When its members use signs, pass -words, badges and colors; When it interferes with private friendships; When it employs lying, slander, falsehood and deception; When it coerces individual opinion; When it destroys individuality of character; When it secures the election of bad men, on party grounds only; When it tampers with the election laws B. What is the legitimate sphere of party? C. When does it transcend the limits of public safety? D. When does it become dangerous? Give each of the thirteen case men tioned? 18 LEssoN 251 205

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POLITICAL IDEAS. by bribery, by “stuffing the ballot box,” ” colonizing,”

or other means; When it forgets patriotism in its own interest, merging the great system of American ideas in the fleeting questions of the hour, or in the interests of particular men. E. That the safest, most permanent and most useful line of party division, is that between conservatives and progressives. - F. That no good citizen should hesitate to leave any party, which, being guilty of these errors or excesses, endangers the peace and permanence of the American nation. When all parties are thus alike tainted, then the dissolution of our Government becomes only a question of time. NOTES.-For an able and exhaustive discussion of the subject of this Lesson, see Lieber’s Political Ethics, Vol. II, 412. E.

What is the safest, most permanent and useful line of party demarkation?

F. When should good citizens leave a party? What will happen when all political parties become demoralized? p 206 [LEssoN 25

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ABT LEGAL IDEAS. IIx

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I

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PART II. L-EG.4L IDE.4S. 1. On turning back to the “Classification of American Ideas,” you will see that we have hitherto treated exclusively of “POLITICAL IDEAS, which are the principles regulating the action of the people in forming and maintaining the Government in such shape that it is strong enough to punish criminals and protect its citizens in the enjoyment of all their rights, and yet powerless to do any harm to its own lawabiding people.” 2. We come now to the discussion of those LEGAL IDEAS
which underlie the laws through which the Government deals with accused persons and criminals, and regulates the rights of property and personal relations between man and man. 3. In Lesson II, 14, (of Law) we saw that American Laws are divided into Criminal, Civil, Maritime, Military, and Revenue Laws, and the Law of Nations. Were we to undertake to give a clear idea of all those departments of law, not only would such discussion greatly exceed the limits of this work, and be above the comprehension of young minds, but it would embrace a field occupied in common by all systems of laws. For all civilized 18*

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LEGAL IDEAS. nations have laws regulating the arrest and punishment of criminals, personal rights, property, armies, taxes, shipping, and foreign relations; and so vast is the scope of these laws that very few even of professional lawyers are found to be expert in those of any country save their own. We have heretofore, in Lessons 20 and 22, explained the distinctive American idea which subordinates the military to the civil power. In Lessons 5 and 9, we have shown that in Amer. ica there is no taxation without representation, and that all officers employed in collecting the revenue are responsible to the people. And in Lesson 22, we have shown something of the American mode of dealing with foreign nations.

We have now no more to say on the subjects of Military or Revenue law, or the Law of Nations. And on the topics of Criminal and Civil Law, we propose only to touch upon those fundamental ideas, peculiar to our system, which are of vital importance to personal liberty and happiness; as expressed in our Constitutions and Statutes, and easy of comprehension to every reader. LESSON XXVL OF CRIMES AND PUNISHMENTS. 1. What is the division ine between crimninal and civil law? The same that distinguishes public from private wrongs. “Private wrongs, or civil injuries, are an infringement or privation of the civil rights which belong to individuals, considered merely as individuals; public wrongs, or crimes and misdemeanors, are a 1. What is the distinction between criminal and civil law? Define private wrongs? Define public wrongs? Give an instance of a private wrong? Of a public wrong? (The teacher can here exercise his pupils by requiring them to give a variety of cases of each, so as to attain a clear idea of the fundamental division of law.) 210 [LEssoN 26

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LEssoN 26] CRIMES AND PUNISHMENTS. violation of the public rights and duties due to the whole community, considered as a community, in its aggregatse capacity. If I detain a field from another man, to which the law has given him a right, this is a civil injury and not a crime; for here only the right of an individual is concerned, and it is immaterial to the public which of us is in possession of the land; but treason. rob.

bery, and murder, are properly ranked among crimes; since, beside the injury done to individuals, they strike at the very being of society, which cannot posibly exist if actions of this sort are suffered to escape with impunity.”* The divisions between criminal and civil law are therefore the same as stated in Lesson II, 14. 2. The criminal law beingtheprotection of civilizedsociety to the individual members thereof, against the acts of such persons as will not voluntarily respect the rights of others, must be framned and executed in such manner as to show clearly what acts are criminal. How is this managed in the United States?.

The Legislatures of all the States, and the Congress of the United States, pass laws defining all the crimes and misdemeanors which are intended to be punished by their respective courts. That is, the laws of each State refer only to crimes and misdemeanors committed within that State, and these are investigated and punished only by the courts of that State. And the criminal laws of Congress refer only to offences which cannot be reached by the State courts, such as piracy and murder on the high seas, and criminal acts committed in the District of Columbia and * Blackstone’s Com., Book IV. 5. 2. How must the criminal law be framed and executed? How is this managed in the United States? What is the distinctive jurisdiction between the government of the State and the United States in this department? Who is the prosecuting party in criminal actions? Why? Wherein is the commonwealth offended by the commission of a crime? 211

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LEGAL IDEAS. the territories where there are no State governments, or against the Federal government. In these cases the crimes are punished by the Federal courts. In all criminal cases the State or the United States (according to their several jurisdictions) is the prosecutting party, because the government, undertaking as its first duty to protect life, liberty, and property, is offended by every violent assault upon individual rights; for these injure, not only individuals, but the dignity and peace of the commonwealth. DEFINITIONS OF PARTICULAR CRIMES. 3. All crimes and misdemeanors are strictly defined in the laws. No matter how grievous an act may be, if it were not defined to be a crime when committed it cannot be punished, for it violates no law. Crimes are divided into classes like the following: A. rimes against the government and people, such as treason, and the misprision (or knowledge and concealment) of treason. B. Offenses against the persons of individuals, such as murder, manslaughter, mayhem, (or maiming) duelling, prize fighting, drawing deadly weapons, poisoning, rape, assault, false imprisonment, and kidnapping. C. Offenses against habitations or other buildings, such as arson, burning of ships, and burglary. D. Offenses against property, such as robbery, larceny, receiviing stolen goods, embezzlement, destroying title deeds. E. Forgery and counterfeiting of money, papers, etc. F. Crimes against public justice, such as perjury, 8.

Are all crimes and misdemeanors strictly defined by the laws? Can any act be punished as a crime, if not so defined in the law when the act was committed? Are crimes divided into classes? What crimes are included among those against the government and people? Against the persons of individuals? Against habitations and other buildings? Against property?

What are forgeryand counterfeiting? Crimes against public justice?

Offenses against the public peace? Against public morality? Against health and police? What offenses are punishable by United States laws? 212

[LEssoN 26

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LESSON 26] CRILES AND PUNISHMENTS. bribery, stealing or altering records, conspiracy, extortion, and opening another’s letters. G. Offenses against the public peace, such as riot, disturbing the peace at night, disturbing religious assembly, and libel. H. Offenses against public morality, such as bigamy, polygamy, gambling, and lotteries. I. Offenses against health and police, such as maintaining nuisances, selling bad provisions, and obstructing the public highway. J. Offenses by cheats, swindlers, and other fraudulent persons. K. Fraudulent and malicious mischief.* The criminal laws passed by Congress also punish violations of Federal Statutes, such as offenses against the Post office, counterfeiting United States coin or securities, frauds on the United States revenue, etc.

DISTINCTION BETWEEN CRIME AND SIN. 4. Now as we have firequently repeated, every person is permitted under our form of government to do whatever he pleases, so long as he does not infringe upon the rights of others. All acts that infringe upon the rights of others are forbidden by the laws.

Therefore every person may do as he pleases, so long as he does not violate the laws, and he can violate the criminal law only by intentionally committing some act which is especially and clearly * See Statutes of California, “Crimes and Punishments.” 4. What is the distinction between crime and sin? Are there not many acts wrong in themselves, which the State cannot punish as crimes or misdemeanors? Where does the St.Lte begin to have the right to interfere? Can the State notice mere motives? Does it notice the motive when a criminal act has been committed? Can any act be a crime unless it proceeded from a criminal motive? Quote the instance illustrating this distinction? Which of the Ten Commandments does the State not enforce? Why not? ‘213

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LEGAL IDEAS. prohibited, and to which a distinct punishment is attached by the law. And here the distinction between sin and crime must be carefully borne in mind: Sin is offending against the laws of God, and includes not only such acts as tend to injure other people, but also such as injure only the person who commits them. But with the latter class of offenses (as we have seen in Lesson I, 4,) society, that is the State, has nothing to do. Neither can it notice mere motives so long as they are not carried into effect, although no act is criminal unless committed with a criminal intent. To illustrate: John says, ” Whosoever hateth his brother is a murderer.” * Hating one’s brother is a sin, but so long as the brother is not injured by such hatred no crime is committed. By such sin the hater hurts only himself, for he destroys his own peace of mind; but so long as he does no injury or ” overt act” to his brother, the State cannot notice his mental condition. But let him give way to this feeling, and beat or kill his brother: now the crime or overt act is committed which the State must notice, because it must protect the brother’s right to life and liberty; and in trying the murderer, the hatred must be proved as the motive to the crime, for it is no murder to kill a man by accident. So also, American law does not undertake to enforce those of the Ten Commandments which prescribe man’s duty towards God. To attempt this would be for man to usurp the place of God. It would interfere with freedom of conscience; re-unite Church and State; establish an inquisition over men’s most secret thoughts, and throw society into confusion. * 1 John iii: 15.

This means that he has the motive in his heart which, if indulged, will make him a murderer. [LESSON 26 214

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LESSON 261 CRIMES AND PUNISHMENTS. The State therefore has nothing to do with sin; it deals only with crimes and misdemeanors as defined by its own laws, and to each of these it prescribes a special degree of punishment, in proportion to the offense.’ PUNISHIMENTS. 5. As all crimes are assaults upon life, liberty, property and happiness of the persons suffering therefrom, so the government punishes criminals by the deprivation of their life, liberty or property, and consequent happiness. But the punishment in the United States is always graduated according to the nature of the offense.s Thus, nmurder in the first degree, which is the killing of a human being with malice aforethought, is punished with death.

So also is treason, and the willful burning or breaking open of a house, whereby a life or lives shall have been destroyed. Murder in the second degree, and manslaughter, arle punished with imprisonment in a State prison for ten years or for life. Grand larceny, burglary, forgery, bigamy, and all other offenses described in the laws as “felonies,” are punished by confinement in the State prison for not less than one year, or for a longer period, proportioned to the gravity of the offense. Many other lesser offenses, known by the name of “misdemeanors,” are punished by imprisonment in a County Jail for not more than one year. Many offenses, both felonies and misdemeanors, are also punishable by fines, or by both fine and imprisonment, at the discretion of the Judge. A person convicted of any felony thereby forfeits his right of suffrage t By the laws of England, a century ago, not less than one hundred and sixty different offenses were punishable with death.-Blackstone’s Com., Book IV, 19. 5. How is punishment in the United States always proportioned? What crimes are punished with death? What with imprisonment for life, or for a long term of years? What for a shorter term? How are mnisdemeanors punished? What other punishment is used besides death and imprisonment?

What criminals are deprived of the right of suffrage? How only can this be restored? 215

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LEGAL IDEAS. as long as he lives, unless pardoniled by the governor before the expiration of his sentence.* OBJECTS OF PUNISHMENT. 6. The objects of punishment under the American system are threefold: A. The amendment of the offender himself; in that he will not be likely to offend again, after having found by experience that “the way of the transgressor is hard.“t B.

Deterring others from crime through dread of his example. Hence, one motive for the universal publication of all court proceedings in the United States. C. Depriving the party ijuring another of the power to do future mischief. Hence, the punishments of death and of long imprisonments.++ But the motive of revenge being under all circumstances forbidden to men, must never enter into the punishment of criminals by the State. ” Vengeance is mine, I will repay, saith the Lord.”~ NOTE.-The distinction between crime and sin, as limiting the power of society over the individual, has been strangely overlooked in all countries ruled by priests, without much distinction of the religion they taught. Nearly all of the supposed offenses punished by the inquisition were those against God-certainly, they were not against other men, or society. And in the Blue Laws of New Haven colony, the Anti-Quaker laws of Plymouth and Massachusetts Bay, the Blue Laws of New York, Maryland, Virginia and South Carolina, (see Case, Tiffany & Co’s edition, Hartford, I838) many curious statutes are recorded, fettering the freedom of thought and private conduct of individuals almost as thoroughly as the Levitical Law of Moses.

But the early colonists “builded greater than they knew.” Their mistakes are but trifles, when we consider the present consequences of the principles they eliminated, during the colonial school days of the nation.

* See Lesson XX, “Of Universal Suffrage.” t Proverbs xiii: 15. t Bslackstone’s Corn., Book IV, 12. ~ Rom. xii: 19. See al,o Deut. xxxiii: 35, 41, 45; Ps. xciv: 1: Heb. x: 30. 6. What are the objects of punishment under the American system? Is revenge ever admitted as a motive of punishment by the State? 216 [LEssON 26

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LESSON 27] RIGHTS OF ACCUSED PERSONS. LESSON XXVII. OF THE RIGHTS OF

ACCUSED PERSONS, NO. I. 1. Most of the crimes forbidden by our laws are in like manner prohibited by the laws of monarchical governments, as also are many acts which are not deemed criminal in America. But in the United States the object of all our institutions is to protect the citizen. A person who is merely accused, but not yet convicted of crime, is as much entitled to this protection as any other citizen. Why should he not be?

Every human being is liable to be mistaken, and may accuse the wrong person of an offense against the laws, or may make a malicious accusation, or may cause a person to be arrested for an actwhich is not a crime. Or the officers of the Government may seek to oppress individuals by false charges, unfair trials, illegal imprisonments, or cruel or unusual punishments. Hence an untold amount of suffering, endured during many ages by millions of innocent persons, accused of crimes under monarchical governments. To prevent this, our whole system of criminal practice is based upon the maxims that “every man is to be presumed innocent until he is proved to be guilty,” and that “it is better that a hundred guilty persons should escape, than thatone innocent person should suffer.” Hence the greatanxiety to do no injustice, and the tender care of all his rights extended by the law to each person accused of crime. This protection to such persons is one of the most striking pecu 1. What is the object of all American institutions? Is a person who is merely accused, but not convicted of crime, entitled to protection? Why should he not be? Wlhat mistakes are liable to arise in making accusations? What tyrannies threaten personal liberty under pretense of accusation of crime? On what two maxims is our whole criminal law based? Is the protection of accused persons in all their rights a distinctive American idea? 19 217

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LEGAL IDEAS. liarities of the American system. It neither is nor has been exhibited to the same extent, under any other form of Government. 2. What are the provisions of the American Constitution on this subject? Art. III, Sec. 2, Clause 3 of the Federal Constitution reads: “The trial of all crimes except in cases of impeachment shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.” Art. IV of the amendments to the Federal Constitution reads: “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon probable case, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Art. V of those amendments reads: “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases alising in the land or naval forces, or in the militia when in actual service in time of war or public danger;* nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law.” Art. VI of the amendments reads: “In all criminal prosecutions, the accused shall enjoy the * These offenses are punished by Military Law. See Lesson 2,14.

2. Quote Art. III, Sec. 2, of the Federal Constitution? Quote Art. lV of the amendments? Art. V of the same? Art. VI of the same? Art. VIII of the same? 218 [LESSON 27

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LESSON 27] RIGHTS OF A CCUSED PERSONS. right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and have the assistance of counsel for his defense.” Art. VIII of the amendments reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” 3. In all the State Constittitions the principles of the above quotations are adopted, and the laws made both by Congress and the State Legislatures in accordance therewith, secure to every person accused of crime the most perfect justice throughout all thle proceedings.

A few of these provisions are as follows: “A crime or public offense is an act or omission forbidden by law, and to which is annexed upon conviction either of the following punishments: first, death; second, imprisonment; third, fine.” “Public offenses are divided into Felonies and Misdemeanors.” “A Felony is a public offense, punishable with death, or by imprisonment in a State Prison.” “Every other public offense is a misdemeanor.” “No person can be punished for a public offense ex 38. What is the legal definition of a crime? How are public offenses divided? What is a felony? What is a misdemeanor?. Can any person he punishable for a public offense except on conviction in a competent court? What two elements are required to constitute a public offense? Are acts deemed criminal which result from accident or misfortune, or are not prompted by evil design or culpable negligence? Why are not all crimes punished alike?

What-would result if light offenses were punished as severely as flagrant crimes? Within what time must prosecution for crimes be commenced? Can idiots or lunatics be punished for crimes? Can a child under fourteen years of age? 219

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LEGAL IDEAS. cept upon legal conviction in a court having jurisdiction thereof.” “In every crime or public offense, there must be an union or joint operation of act and intention or criminal negligence.” “All acts committed by misfortune or accident shall not be deemed criminal, where it satisfactorily appears that there was no evil design or culpable negligence.” “No person who is an idiot or lunatic, or who is under fourteen years of age, shall be found guilty or punished for any crimne.*

“All penalties ought to be proportioned to the nature of the offense. No wise legislature will affix the punishment to crimes of theft, forgery and the like, which they do to murder and treason. Where the same undistinguishable severity is exerted against all offenses, the people are led to forget the real distinctions in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses. For the same reason a multitude of sanguinary laws is both impol itic and unjust, the true design of all punishments being to reform, not to exterminate mankind.“t Thle time after the commission of offenses, within which a prosecution must be commenced, is limited by law to three years in the case of all felonies except murder, and to one year in the case of misdemeanors. 4. All judicial proceedings are protected by the solemn oath or affirmation of all who take part in them. The judges, grand and petit jurors, lawyers, dis trict attorney, clerk, sheriff, complainant, witnesses and reporters, are all sworn according to law to perform their * See Statutes of California,” Criminal Practice.” t Constitution of New Hampshire, Art. I, Sec. 18. 4. What is the use and purpose of the judicial oath in courts ofjustice? 220 [LEssoN 27

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LESSON 28] RIGHTS OF ACCUSED PERSONS. respective duties honestly, faithfully and truly. Even if the oath fails to bind the conscience of any of them, which rarely happens, the person so failing is liable to punishment for perjury. LESSON XXVIII. OF THE RIGHTS OF ACCUSED PERSONS, NO. II. 1. We proceed now to discuss in their natural order the several rights with which American constitutions and laws invest all persons accused of crime. No person shall be deprived of life, liberty or property without due process of law. Not only shall each individual be protected against all other individuals in the enjoyment of all his rights, but the Government itself shall have no power to infringe upon those rights, except they be forfeited by the criminal acts of the citizen. And in this case, to prevent all injury that might be inflicted through the tyranny or avarice of public officers, they are strictly bound in all cases to follow the law to the very letter. As all men living under a Republican government give their consent to the law, which without it could not exist, so criminals cannot complain of the just operation of that law: though it deprives them, by way of punishment for crime, of life, liberty or property. 2. Every man is presumed to be innocent until he is proved to be guilty. Cal. Criminal Practice, Sec. 365. 1. Can any person be deprived of life, liberty or property without due process of law? Has the Government any more power under the law to oppress an individual than private persons have? Must public officers follow the law strictly? 2.

Quote the legal maxim as to the presumption of the innocence of accused per sons? Has this maxim or its opposite been generally practiced under monarchies? What must be positivel. proved under the American rule? 19*

221

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[LESSON 28 The opposite of this maxim has been generally practiced under monarchies, where a mere accusation puts a man under the necessity of proving his innocence, in which, even if innocent, he may not be successful. In America, the prosecution must prove positively the guilt of the accused. Though he be really guilty, unless he be proved so, he must be acquitted. This principle is a great protection to persons unjustly accused of crime. 3. No warrant shall issue but upon probable cause, sup ported by oath or affirmnation, and particularly describing the place to be searched, and the person or thigiss to be seized. In monarchical countries, nothing is more common than for the police or soldiery to invade private houses, ransack their contents, seize books, letters and persons, and carry them off at the pleasure of the rulers, who may desire to get rid of a troublesome subject by taking this method to find evidence against him. Nothing of this kind is tolerated in America. A warrant is the written order of a magistrate, commanding a sheriff or constable to arrest a certain person, or search a certain place for a certain thing -
say, for stolen property. But no judge can issue such a warrant at his own pleasure. He must wait until some person makes a sworn complaint, stating a probable cause for the issue of the warrant. Whoever makes such a complaint falsely may be sued by the party injured, for damages for false imprisonment.* And whoever makes an arrest of a person except on a warrant legally issued, or for a public offense attempted or * Statutes of Cal., Crimes and Punishments, Sec. 52. S. What is a warrant? Can Judges issue warrants at their own pleasure? On what condition only can they issue warrants? What remedy has the party who is falsely accused in a sworn complaint? Can persohs be seized and places searched by policemen and other public officers without a warrant? In what cases? Are warrants for arkss required in monarchical countries? 222 LEGAL IDEAS.

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LESSON 28] RIGHTS OF ACCUSED PERSONS. committed in his presence, or for a felony,* is liable to danmag(es therefor. Whoever enters another’s house against the ovwner’s will, except armed with a warrant, is punishable as a trespasser or burglar. 4. I’he trial of all crimnes shall be held in the State where the said crimes shall have been committed. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been comnitted, which district shall have been previously ascertained (made definite) by law. Before the Revolution, the British authorities in the colonies used to send Americans accused of crime to England for trial, compelling them to leave their homes and business for months and years, and to indemnify their witnesses for a similar expense and loss of time, or go to trial without them. The result was ruin to any one so unfortunate as to be accused, whether he were guilty or not. Hence the careful provision in the Constitution above quoted. In Lesson III, 5, we learned of the division of the States into Counties, and something of the duties of the County Judge and District Attorney. A County is always a Judicial District, and before the Courts of each County are tried the offenses committed within it. Thus the distances to be traveled and expenses to be incurred by the accused and his witnesses are made as small as possible, while a jury selected from the vicinity where the crime was committed is more likely to err on the side of mercy, than to be guilty of injustice to their accused neighbor. * California Criminal Practice, Sec.

140. 4. What was the British practice before the Revolution as to sending accused persons from America to England for trial? What hardships resulted therefrom? What is the Constitutional provision as to the place where the trial of crimes shall be held? What is a Judicial District? What objects are gained by restricting the trial to the Judicial District in which the crime has been committed? 223

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LEGAL IDEAS. 5. The accused shall have the right to a speedy trial, because when a trial is delayed witnesses may go away, or they may have time to forget points in their testimony. Furthermore, a long period of suspense before trial is an useless and cruel aggravation, especially to an innocent person. For this reason, in Courts having both civil and criminal jurisdiction, the civil business must always wait until all the criminal cases have been disposed of. Life and liberty are more precious than mere property. 6. The accused shall have the right to a public trial.

(See Lesson IX, 2, D.) Neither Judge or Jury, or District Attorney, will be aslikely to commit injustice in the presence of their master, the public, as they would if their proceedings were secret. This provision, however, refers only to the Petit or Trial Jury, which finally determines the case. It does not refer to the Grand Jury, whose business is only to begin, not to end, the prosecution. 7. Excessive bail shall not be required. Bail is the security given to a Judge for the appearance of anl accused person for trial, on condition that meanwhile he may have his liberty. A bail bond must be signed by two or more persons, householders and residents of the County. The accused has the right to offer bail for his appearance in every case, except where the offense charged is punishable with death, and the proof against him is evident, or the presumption of his guilt is great. In such cases he must remain in jail for safe-keeping. But when the offense is bailable, the Judge is limited to the exaction of such an amount of bail as shall be in pro. 5. Why is the accused entitled to a speedy trial? Does criminal hbusiness take precedence of civil in Courts that have jurisdiction over both? Why? 6.

What is gained by the accused in a public rather than a private trial? I.

What is bail? Have all accused persons the right to offer bail for their appearance at trial? What is the limit as to the amount of bail that may be required? What are the objects of admitting accused persons to bail?

Why is bail refused in case of clime punishable with death? What is the general principle in regard to subjecting accused persons to restraint before conviction? 224 [LEssoN 28

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LEssoN 28] RIGHTS OF A CCUSED PERSONS. portion to the crime. Otherwise, the accused who could furnish $5,000 bail, but not $20,000, might be obliged to lie in jail. The objects of bail are threefold: A. To avoid depriving the accused of his liberty until he is clearly proved guilty. B.

To save the country the expense of maintaining him while awaiting trial.

C. To give him every opportunity to seek his witnesses and prepare for trial, which he could not have if imprisoned meanwhile. Bail is refused in capital cases, ” where the proof is evident or the presumption great,”

because every one knowing himself guilty of a capital crime would naturally save his life by escaping, even though his bailors should thereby lose their money; and thus the worst of crimes would be very apt to evade punishment. The general principle in all cases is, that no person charged with a public offense shall be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.*

8. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Graznd Jury. t The Grand Jury consists of from fifteen to twenty-four citizen tax-payers, residents of the County, whose names are drawn by lot, by the County Judge, County Clerk and Sheriff, from a list of fifty such names, taken at random from a list of tax-payers in the County. Their business is to inquire under oath into r Cal. Penal Code, 1872, p. 150. t Statutes of Cal., “Jurors,” Art.

II, 5; see also Foreyth’s History of Trial by Jury, Chap. 10. 8. Describe the Grand Jury? How is it formed? What is its mode of procedure? What is an indictment? A “true bill?” What is meant by “ignoring” a bill? 225

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LEGAL IDEAS. all cases of reported violation of law, or neglect or misconduct of the public officers within the County. If any twelve of the twenty-four, after hearing the evidence against any accused person, think that the proof is sufficient to make his conviction probable, their presiding officer or foreman indorses the words “a true bill” upon the written accusation or “indictment” prepared by the District Attorney in the case. (See Lesson III, 5.) The Grand Jury sits in secret, the accused having no right to defend himself before them, though in some States they may hear both sides if they desire it.* If they find the proof insufficient, the bill is “ignored,” (that is, they refuse to indict the accused) when all proceedings against him are at once stayed. 9. Why does the Grand Jury sit in secret.? A. Because the malicious prosecutions commenced and ended before it can do no harm to the persons accused, who would have been uselessly injured by a public accusation. B. Because indictments are frequently laid against persons not yet arrested, who, if forewarned by a public indictment, would escape arrest. C. Because wealthy criminals, or evil-doing public officers, might tamper or interfere with the Grand Jury, if they knew of the investigation of their misdeeds; whence the course of justice might be interrupted. 10. Whby is the Grand Jury necessary to the protection of individual liberty? The principle that runs all through republican institutions was expressed by Solomon, when he said: “Where no counsel is, the people fall: but in the multitude of counsellors there is safety.” “One-man power” is a This is the case in California. 9. Why does the Grand Jury sit in secret? 10. Why is the Grand Jury necessary to the protection of individual liberty? [LEssoN 28 226

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LESSON 29] RIGHTS OF ACCUSED PERSONS. monarchical, not an American idea.

One is more apt to err than twelve. A Judge accustomed to dictation from the bench is more apt to be tyrannical than twelve or twenty-four ordinary citizens, whose natural bent would be to “deal gently with the erring.”

All the rights of accused persons are a sacred trust in the hands of the Government, any abuse of which strikes directly at the foundations of individual liberty. Any one accusing officer would be apt to abuse this trust. When the Grand Jury is composed of good citizens, as it generally is, it is an institution before which the guilty must needs tremble, while no innocent person need fear it. The Grand Jurors are a committee of the sovereign people, sent to see whether the laws are properly obeyed and executed. The office is full of dignity. No patriotic citizen should fail to execute it when called on, with zeal, impartiality and honor. LESSON

XXIX. OF THE RIGHTS OF ACCUSED PERSONS, NO. III. 1. In all crimizal prosecutions the accused shall enjoy the right to be informed of the nature and cause of the accusa. tion, and to have the assistance of counsel for his defense. Nothing would be a greater mockery of justice than to put a person upon his trial upon a charge of which he were ignorant, or to subject him to the dangers of a prosecution without the assistance of counsel learned in the law; yet 1. Has the accused person the right to be informed of the charge against him? To have counsel for his defense? Would the contrary course be unfair or unjust? Is it practiced in Europe? How is the accused protected in these respects in American Courts? What is “arraignment”? In what case is counsel assigned by the Court without expense to the accused? 227

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LEGAL IDEAS. nothing has been more common on the continent of Europe. In the United States the accused is informed of his accusation and of his rights in the following manner: After the grand jury has indicted the accused, and he has been arrested and brought before the court for arraignmenlt, “if’ he appear without counsel he shall be informed by the court that it is his right to have counsel, before being arraigned, and shall be asked if he desire the aid of counsel. The’ arraignment’ must be made by the court, or by the clerk or district attorney under its direction, and consists in reading the indictment to the defendant, and delivering to him a copy thereof including the list of witnesses endorsed on it, and asking him whether he pleads guilty or not guilty to the indictment.’” As the effect of pleading guilty, (that is, confessing the crime) is to dispense with the trial and convict the accused, who must then be sentenced by the court, the judges are very careful not to allow him to plead guilty except he do so with a full knowledge of all his rights, and of the consequences of this act. If the defendant be too poor to employ an attorney, the Court will assign him counsel without charge.t This right is peculiarly American. Even in England, from whence we have derived the basis of our criminal law, counsel were not allowed at all to persons accused of felonies below the grade of treason, till the year 1836.++ 2. No person shall be compelled in any criminal action to be a witness against himself. It has been the standing rule for centuries in European California Criminal Practice, Secs. 271, 272. t California Penal Codle, 1872, Sec. 987. t Townsend’s Analysis of Civil Government, p.

255. X. Can the accused be compelled to testify against himself? How is this in continental Europe? Why is the testimony of the accused superfluous? What do you think of extorting confession by the use of torture? [LEssON 29 228

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LESSON 29] RIGHTS OF A CCUSED PERSONS. continental countries, to compel accused persons to criminate themselves by every device of imprisonment, chains, starvation, rack, thumb-screws, and other tortures whicii mali,naiit iilgenuity could irnvenlt. Under our system, any onie wishing to confess can do so, when called upon to plead guiilty or not guilty. But thlough the accused, if guilty, always knows more of the crime than any one else, his motive to lie is so great that no dependence could be placed upon any statement he might make, except so far as it was corroboi-ated by other evidence. And if innocent, lie has, of coturse, nothing to confess; though his accusers, except they have othler evidence, can never tell whether his deniiial of the charge be ti-ue or false. In either case, therefore, confession is superfluous, and the attempt to extort it by torture is bt-barous and inhuman. Such practice is “rating a man’s virtue by the hardiness of his constitution, and his guilt l)y the sensibility of his nerves.” 3. In) (ill cririncal actiones the accused shall have the right to be co n)fro2te(d wtith the wit?resses agaiinst him, aid to have compulsory Barocess for obtaining witnesses in his. favor. It is a cimmonl failing of human nature, that men are very apt to,ay behindl one’s back what they dare not or would not saly to his face. They are also much more apt to be strictly truthftil when they expect to be cross.examined by the lawyer, aind contradicted by the witnesses for the accus.ed, thai when acusing him before the secret Grand Jury, whei-e there is no such check to their testimony, or talking against him elsewhere. Hence, fairness towards the accused requires his presence when evidence is to be offered against him. IV Blackstone, 326. 8. What right has the accused as to being confronted with the witnesses against him? Why would it be unfair or unjust to deIIy this right? What right has he as to procuring the attendance of witnesses in his favor? What is the argument in support of this right? 20 229

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LEGAL IDEAS. Again, the accused may be poor; his witnesses may care nothiing for him, or they may be afraid to assist him against the power of the government, or of an influential prosecution. How eminently just, therefore, is the provision that the State shall exert its power as much in his behalf as in its own; that the very court which is to punish hint if lie be found guilty, shall compel his witnesses to attend the trial, and that the State shall pay their expenses.* TRIAL BY JURY. 4. The trial of all crimes, exceft in cases of i?npecechment, (to be hereafter discussed) shall be by jury. Ill order that the trial, whose object is only to ascertain the truth of the accusation, may be perfectly fair, and free from prejudice, malice, and especially from judicial tyranny, our law requires the submission of all questions of fact to a jury of twelve citizens, chosen fiom among the people in such a manner as to prevent absolutely any partiality for or a,ainst the accused. For the details of the manner in which a trial jury i.s selected, the student may consult the statutes of his own State. He will find them framed with all the care that experience, skill, and a jealous watchfulness over the rights of the accused canll possibly suggest. If a jury of the requisite impartiality cannot be obtained in the county where the crime is committed, which sometimes hapl)pens in very notorious cases, the judge must send the case to another county where such prejudice does not exist.t * Statute of California, ” Fees of Witnesses.” t Cal. Penal Code, 1872, Sec. 1033. 4.

De,scribe a trial by jury? (The teacher will here explain the manner in which juries are impaineled under the laws of his owni State.) Why is the judgment of twelve meni more apt to be right than that of oiine? What points in every case are to be decided by the jury? What is the office of the Judge in a jury trial? What is the Judge’s “charge”? Describe the mode of rendering a verdict? What happens when the jury do not agree? 230

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LESSON 29] RIGHTS OF ACCUSED PERSONS. The reasons for substituting the judgment of twelve citizens for that of one judge, in the institution of Trial by Jury, are the same as those heretofore given in Lesson III, 10, in treating of the grand jury. Before the trial jury, and in open court, over which presides the judge, all the witnesses on both sides are examined and cross-examined. The office of the jtudge is only to see that the laws of evidence are enforced, and the management of the case on both sides is conducted accord(ing to law. After the testimony is all given, the district attorney for the people, and the counsel for the accused, each ill turn argue their side to the jury. The judge then “charges” them, that is, he informs them of the law applicable to the case “at bar.” The jury then retire in charge of the sheriff, for consultation among themselves. If they agree, on their return to the court they pronlounce the accused “guilty,” or “not guilty,” which is called rendering a “verdict.” If they cannot agree after twenty-four or forty-eight hours, they are dismissed, and a new jury must then be emlanneled, and a new trial had. Under the American system the jury must always be unanimous. If only one of the twelve holds out against the others, the case must be tried again. NEW TRIALS AND APPEALS. 5. You will naturally think that if the rights of an accused person are so carefully guarded as related above, no injustice can possibly be done him. But though the verdict of a jury settles nearly all cases, it sometimes happens that a mistake has been made in followiing the forms of law; or the jury may have misunderstood the facts, or been guilty of misconlduct in finding their verdict; or new evidence 5. I)oes the verdict of a jury settle all cases? In what cases must the Judge grant a new trial? In what cases an appeal? What are the proceedings in case of an appeal? 231

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LEGAL IDEAS. may be discovered. In all such cases, the jnldge may set aside the verdict, and order a new trial. S,)matimas also, the judge will have made some error in admitting or excluding testimony, or in explaining the law to the jury. In such cases, on the demand of the attorney for the defense, and for good reasons given, the judgre must allow his rulings to be revised on an appeal to the Sipreme Court, where all the points of law at issue are argued bythe two attorneys in the case. If the Supreme Court finds error in the proceedings, it will order the defendant to have a new trial. If not, then the decision of the lower court is affirmed, and its sentence of punishment is carried into execution. 6. Cretel or unusual p?unishmnents shall not be inficted. As we have seen in Lesson XXVIII, 5, all punishments in the United States are limited to death, fine and imprisonment, and these are graduated by law according to the offense.

Americans do not tolerate the whipping post, the knout, the pillory, the stocks, the galleys, branding, cropping, of ears, banishment, or transportation, all of which are yet reg(ulaily inflicted in some parts of Europe: nor the rack, tliumb-screws, dungeons, and other tortures formerly in universal use on that continent. 7. -Yo person shall be sttbject.for the same offense to be twice pitt ing jeopardy of life or limgb. Once acquitted, the prisoner is firee. The State will not expose him a second timne to punishment oi the same charge. Otherwise an accusation might haug over a man for a lifetime, and the contemplation of the ever possible contili,geilcy of his again passing the ordeal of trial would forever destroy his happiness. If the State cannot convict on the first trial, she never can try it again. 6. Can cruel or unusual punishments be inflicted by law in the United States? To what three punishments are the Courts restricted? How is this on the continent of Europe? 7. Can any person be subject for the same offense to be twice put in jeopardy of life or limb?

Why not? [LES01-T ‘9 232

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LESSON 291 RIGHTS OF ACCUSED PERSONS. 8. In case of a reasonable doubt whethere the guilt of the accused is satisfactorily showvn, he is entitled to an acquittal. When there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convzcted of the lowest of such degrees only.* So far is the American system from condemning a man merely because he is accused, or of forcing him to crimimate himself, that the Government Inust make out its case with perfect clearness and certainty.

If it fails in this, the accused must be acquitted. When, after a Grand Jury has charged a person with murder, the proof ()fiered by the District Attorney leaves it doubtful whether he committed murder or manslaughter, the Petit Jury can find him guilty only of the lesser offense. 9. We might occupy several more lessons in giving details of the minor rights conferred by law upon accused personas, but the foregoing will be sufficient to indicate the American ideas on this subject. The pupil should study these principles thoroughly: for though it is to be hoped that he may never be obliged to claim these rights, yet the time will surely come when as juror, or witness, or perlhaps as Judge or Court officer, he will be obliged to administer the law, and accord these rights in the case of somne unfortunlate fellow-citizen. And he cannot be competent as a citizen to pass judgment upon the mnanner in which the judiciary of the country is conducted, unless he be familiar with the principles on which that branch of the Govern menrt is founded. * Cal.

Penal Code, Secs. 1096,1097. 8. What is the effect of a doubt in the minds of the jury as to the guilt of the accused? What the effect of a doubt as to whether he has committed a greater or lesser crime? 9. Why should you be familiar with the rights of accused persons? 20* 233

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LEGAL IDEAS. LESSON XXX. OF EUROPEAN CRIMINAL PRACTICE. 1. JVhat are the poisnts of contrast between the American and the old inquisitorial mnethod of crimnial procedure or the continent of Europe? The monarchical governments of continental Europe, until the date of the French Revolution of 1789, displayed as little regard for thle rights of accused persons as for all other popular rights. As their armies were used to put down insurrections by the masses of the people, so the business of the police was rather to persecute than prosecute those individuals who became obnoxious to the Governmenlt. The method of trial, if it deserved the lame, was borrowed from the Inquisitionl, and consisted principally in forcing the person accused to confess his guilt by torture. History is full of the horrible barbarities thus indflicted upon the helpless and often innocent victims of malevolent power: while, undoubtedly, of the millions who hlave suffered and died under these tortures, but very few cases are recorded in the books. 2. Under this system there was no jury, no indictment, no warrant required for arrest, no bail, no counsel, no publicity, no distinct laws of evidence, no legal definition of specific crimes, no prohibition of cruel or unusual puni,ments, no limitation of trial to the district where the crime was committed, no compulsory attendance of defendant’s 1. Have the rights of accused persons been as carefully guarded on the continent of Europe as they niiow are in the United States? What method of trial was principally used previous to 1789?

What was the procedure under it? 2. Was there aty jury under thissystem?

Was there counsel? Indictment? Warrant of arrest? Publicity? Distinct laws of evidence? Legal definition of crimes? Prohibition of cruel or utttsual punishments? Limitation of district? Compulsory attendlance of defetdant’s witnesses? Presumption of innocence before conviction? Benefit of doubt to the prisoner? Habeas corpus? Limitation of time in which to prosecute? 234

[LESSON I0

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LESSON 3(] EU.OP E. AN CRIMINAL PRACTICE. witnesses, no presumption of innocence befire conviction, no benefit of doubt to the prisonel, ino resl)ojisibility of judges,ave to the crown, no habeas corpus, no limitation of timne within which to prosecute. 4. BKit instead of these protections to the accused, the trial seems t,) have been conducted oni the priiicil)le that a mere accusation deprived the victim of all rights, and that the whole proceedings were to be for the sole benefit of the prosecuting party. It aimed at knowiii’ thle tiuthl, but the means to arrive at it were very little egarldedl. The laxity and injustice of its mode of procedul’e are slhown iii the following oiuiits: A. TI.e “
inqliriinlg ” judge, that is, the judge who had been al))itilited to lead thie whole iinquiry, spelit day after day with-thle I)risonler, iii the presence of oily olle witness, who was ]his secietary. This judge, whose wllole skill had beeni exerted to bril)g the plrisoner to ct,nfe’s,ion, or to establish h}is guilt, was also frequently the fir,St sentencing judge, aliil also very stiongly ilifiueliced the seliteice. This was as if our offices of detective, district attorney, judge and juttiy were all combined ilnto one. B. Tile inlquiring, judge was whiolNly unrestricted as to time, alid an accused person might remain unider trial for years. He was also unlimited as to the meaiis he might use to establish the guilt of the accused. He couild take hearsay evidence at his discretion. He-,was allowed to resort to all kiids o(f tricks it’ order to work uponl the imagination of the prisoner. He might call him up) at midiighit, examine himn, aid thlen suddenly show him a skull. Every unworthy auid puerile motive to confess the offense was resorted to. 4. What priuciples were substituted for all these? Describe tlihe mode of procedure of the “
iiquiriig ” judge? Was it his principal duty to extort colitessioi? What meanis might lie use for this purpose? On what presumptioin was the wh,Ile proceedljg based? Was there any cross-examiiiation of witnesses? Were punishments inflicted in proportion to the crime conmmitted? 235

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LEGAL IDEAS. C. There was no regular indictment, nor did the law require that the accused should know what was charged against him. D. The whole proceeding was based on the presumption that the accused was guilty, anid must disprove the charge ag,ainst him. E. The moral torture which was applied to induce confession was immense;.an(l the judge was autithorized by law to punish with lashes or other physical means every contlradiction or lie proved from the testimony of the accused himself. F. There was no cross-examination of witnesses. G. Puniishments were not inflicted in proportion to the crime of which the accused was proven guilty, but in accordance with the degree of proof against him.* 5. At the present day, this system still prevails ill those countries where trial by jury has not yet been established, though the growth of civilization, aided in the politicai affairs by the examples of England and the United States, by incrieleasing publicity, regard for public opinion, and commuinication with free countries, has softened its harsher features. Trial by jury has been introduced as follows: In France, in 1791. But in that country a verdict may be given by a majority of the jury. And it has been found of little use in trials of political offeiinses, for the government has generally managcred in this class of cases so to pack or intimidate tle juries, as to secure the conviction of persons obnoxious to it. *

Condensed from Lieber’s Self Government and Civil Liberty, pp. 457-463. 5.

Does the inquisitorial trial still exist? In what countries? When was the jury trial introduced into France? Must the verdict be unanimous in that country? When was the jury trial introduced into Belgium? Portugal?

G(reece? Geneva? Germany? Sardinia? What has been the effect,f the example of England and the United States upon continental Europe, in softening the modes of treating accused persons? [LF,ssON 30 236

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LESsON 30] EUROPEAN CRIMINAL PRACTICE. In Belgium, in 1830. In Gepeva, in 1844. In Portugal, in 1832. In Germany, in 1845. II} Greece, in 1834. In Sardina, ill 1849.* 6. The foregoingr will furnish some notion of the particulars wherein the criminal practice of a large part of Eturope yet differs fiom the justice and mercy so happily blenle(Id in the American system. Though it be possible tlhat fewer criminals escape punishmenit il Europe tlhan in the ULnited States, the conscientious mind cannot help preferritlg the reflection that with us fewer innocents are mistakenly and cruelly punished. The American cannot forget the words of Him who said even to a conscious criminal, “Woman, hath no man condemned thee? Neither do I condemn thee. Go and sin no more.“t NOTEFS.-It would seem that torture continues to exist in some parts of Europe. The following is taken from the “London Spectator” of Deceml)er 22d, I849), which gives as its authority the Allgemeine Zeitung, published at Augsburg, not far from Switzerland: “A strange circumstance has just taken place at Herisan, the capital of Inner Apl)enze]l, in Switzerland, showing how much in these countries of old liberties, civilization is behinclhand in some matters. A young girl of nineteen, some months back, assassinated her rival. Her lover was arrested with her, and as she accused him of the crime. both were put to tdte torture. The girl yielded to the pain, and confessed her crime; the young man held firm to his denial; the former was condemned to death, and on the seventh of the month was decapitated with the sword in the market place of Herisan, after a two hours struggle with four men who were appointed to execute the sentence.”-Lieber’s C. L. and S. G., p. 463, note. The novel reader will get a fair idea of the old French mode of dealing with accused persons, in the first chapter of the ” Count of Monte Forsyth’s Htistory of Trial by Jury, pp. 347-367. t John viii: 11. 6. What humanie reflection compensates the American for the fact that with us criminals soimetimes escape punishment? What saying of Christjustilies our sybtem? 237

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LEGAL IDEAS. Cristo.” Also of French punishments from Vol. I of” Les JIiserables,” by V. Hugo. For an interesting account of Paraguayan trials, as conducted under the tyrant Lopez the younger, within the past decade, the reader is referred to Washburne’s History of Paraguay, I871. LESSON

XXXI. OF HABEAS CORPUS AND EX POST FACTO LAWS. 1. What is meant by the termn ” Ihabeas Corpes”? This term is a Latin law phrase, ald means “You may hlave the body.” It is applied to a ” writ” or writteni instruinent issued by certain of the higher judges who are specified by law, and addressed to any person who may be complained of as guilty of keeping, another imprisoned or deprived of his liberty” without due process of law,” as required by the Constitution. The object of this writ is to protect personal liberty. 2. What says the Federal Constitotion on the subject of Habeas Corpus? “The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.”-Art. I, Sec. 9, Clause 2. The several State Constitutions contain substantially the same clause. 3. What was the oriyin of this writ? It was derived by the American States from Great Britain, where it was enacted by Parliament in the reign of Charles II.*

The writ of habeas corpus has, since that time, not * Lieber’s C. L. and S. G., 66. 1. What is the meaning of the term habeas corpus? Describe the writ of habeas corpus? What is its otbj,ct? 2. Quote the clause front the Federal Constitution on this subject? Il. What was the origin of this writ? In what countries is it used, and for what purposes? 238 [LEssoN 31

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HABEAS CORPUS, ETC. only in Britain, but in all her colonies, as well as in the United States, been relied upon as the most efficient device ever invented by man, to prevent all manni3r of illegal inmprisonments, and unlawftul restraints of persons. 4. Ilow does this writ operate int practice? It sometimes happens, ill the administration of law and goverilmelit, that a person is wroingfully imprisoned or restrained of his fieedom, before he has been lawfully tried and ordered to be imprisoned in punishment for some crime. Sometimes also persons may be implrisoned by individulals without any pretense of the foirms of law: as by illegally holding a child in custody, or locking a person in a room. Thus, we will suppose James Smith to be imprisoned in the San Francisco Conuty Jail: A.

IJe, or some person for himn, swears to a written statement, called an affidavit, that lie is wrongfully detained in the s,aid jail by John Short, the jailor. This affidavit is addressed to the Judge of one of thle higher Courts, as the Supreme, District, or County Court, and a writ of habeas corpus is asked for from the Court. B. The writ is always thereupon issued, commanding John Short to bring the body of James Smith before the Court on the day mentioned in the writ. The notice given is always very bnief, generally only one or two days. No Judge having jurisdiction can refuse to issue this writ whenever applied for legally. C. The writ is served by the Sheriff, who reads it to Short, and gives him a copy of it if requested. D. On the day named in the writ, Short appears in Court, brgin(ging James Smith with aim, and Shlort exhibits to the Judge the documents, or other legal proofs, whereon he claims the right to the custody of Smith. 4. How does it operate in practice? Give a detailed account of its workings? Does it determine whether or not the prisoner is guilty of any charge against him? LESSON 31 ] 239

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LEGAL IDEAS. E. If these proofs are satisfactory to the Court, the prisoner is ordered back to prison. But if they are insufficient, the prisoner is released. The p)roceeding under the writ of habeas corpus does not determine whether or not the prisoner is guilty of any crime, but simply whether hlie is rightfiully or wrongfilly imprisoned at the time of inquiry. Excessive bail may have been required of him, and he may have been unable to procure it, though he may have offered bail in a reasonable sum. Tile papers on which he was imprisoned may be void for want of proper form, or they may be defective in substance. A man may be guilty, yet illegally imprisoned. 5. Every American citizen, or foreigner resident in America, if restrained of his liberty before conviction, has the right to sue out a writ of habeas corpus, to ascertain the legality of his imprisonment. The only exceptions to this rule are: A. When the privilege of the writ is suspended by proper authority in a time of insurrection or invasion. B. When a person has been imprisoned for contempt of Court. C.

When the imprisonment is by order of a Court having exclusive jurisdiction of the subject matter involved in the c(ase. 6. In cases of rebellion or invasion it is generally necessary to suspend this writ for a time. In such emergencies it becomes necessary to imprison traitors, spies, and other disaffected persons, sometimes in large numbers, in order to prevent their assisting the enemy. Were every such person entitled to all his civil rights at such a time, the enemy could often overthrow all the instituti,)ns of 5. Has every person on American soil the privilege of the writ of habeas corpus? What are the only exceptions? 6. Why is the writ necessarily suspended in time of rebellion or invasion? [LF.SSON 3.1 240

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HABEAS CORPUS, ETC. the country, while the law was enforcing one of them.

The public safety is of more importance than individual rights. It was for this reason that the writ of habeas corpus was suspended by Congress (only the Legis. lature has power to suspend it) during the four years civil war from 1861 to 1865.* 7. In Lesson XXVI, 3, we saw that ” all crimes and misdemeanors are strictly defined in the laws. No matter how grievous an act may be, if it were not defined to be a crime when committed, it cannot be punished, for it violates no law.” But if, after such an act has been committed, the Legislature should have the power to make it a crime, the concession of such a power to any branch of the Government would be dangerous to liberty, for it would permit the criminal laws to be continually changed so as to suit special cases as they might arise. All laws relating to crimes and misdemeanors which are intended to act backwards in point of time, are called “ex post facto laws,” and are expressly forbidden by Article I, Sec. 9, Clause 3, of the Federal Constitution, which provides that “No ex post facto law shall be passed.”

8. Ex post facto laws are “those which render an act punishable in a manner in which it was not punishable when committed.” This definition includes: A. Such laws as render criminal an act done before the law was passed, which was then innocent. B. Such laws as make an act more criminal than it was when committed. * See “Analysis of Civil Government,” by Calvin Townsend, 211; Duer’s Constitutional Jurisprudence, 153. ”’. What is an expost facto law? Are such laws permitted by the Federal Constitution? Why not? S. What laws are included under the terma ex post facto? 21 LESSON 81] 241

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LEGAL IDEAS. C. Such laws as inflict a greater punishment than was affixed by law to the act when it was committed.* 9. Every person is bound by the law as it exists at the date of every action he performs of which the law can take notice. He is therefore presumed to know what the law is. But no one can be presumed to know what the law will be some future time: Hence the prohibition of ex post facto laws. NOTES.-Long imprisonments before trial are customary on the continent of Europe, in order to harass the subjects. Guerazzi and other liberals were sentenced in Tuscany, July ist, I853, after having been imprisoned for fifty months before they were brought to trial. It is useless to mention more instances: for long imprisonment before trial is the rule in absolute governments, whenever it suits them.-Lieber’s C. L. and S. G., 66, note. In France, where such jealousy is shown of everything which touches national honor and equality, people do not attach themselves so religiously to personal liberty. The quiet of the citizen may be disturbed, his home may be violated, he may be made to undergo for whole months a preventive imprisonment, personal guarantees may be despised, and a few generous men will raise their voices: but public opinion will remain calm and impassive as long as no political passion is awakened. Here lies the great reason for the violence of authority: it can be arbitrary, because there is no curb to check it.

Works of Louis Napoleon, Ed. 1854, Art. “Of Individual Liberty in Emjland.” LESSON XXXII. OF TREASON AND ITS PUNISHMENT. 1. Turn back to Chapter II, of the Introduction, and refresh your memory as to the “Feudal Systemn,” and the “Divine Right” of Kings. * See Duer’s Const.

Jurisprudence, 355. A. Is every person presumed to know what the law is at any particular time? Can he be presumed to know what it will be after the Legislature shall have changed it? [LEssoN 31 242

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TREASON. 2. “Treason ” is the offense of attempting to overthrow the government of the State to which the offender owes allegiance, or of betraying the State into the hands of a foreign power.* 3. In despotisms, the King is the sole representative of the State. Said Louis XIV, of France: “The State! that is me!” t Every attempt therefore against the life of the King was and is treason. Not only so: this crime was extended so as to include every attempt against those members of the royal family whose lives were important in the succession to the crown; and also all attempts at rebellion, or disobedience to the royal authority. Absolute monarchs have invariably been very jealous of their power, and correspondingly severe in their punishments of every case of insubordination, whose promoters were always characterized as “traitors.”

And as constitutional monarchies were a slow and painful growth out of the once universal feudal ideas of Europe, they were for a long time as careful to frame stringent laws against traitors of every degree, as the most tyrannical Kings could have desired. So great was, for ages, the universal horror of treason, that the mere suspicion of it was thought worthy of the severest punishment.1 The guilt of the accused was often taken for granted before trial, and the most unjust, vindictive and outrageous cruelties have been repeatedly committed in every European country, upon persons who could not * Webster. t Lieber’s C. L. and S. G., 82. S. Define the term treason? 8. Who is the sole representative of the State in a despotism? Was every attempt against the King treasonable? How was this view of the crime extended? How was treason regarded and punished by absolute monarchs? How under constitutional monarchies? What oppressions have been inflicted upon persons accused of treason? LESSON

82] :243 t L’etat, c’est mol I

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LEGAL IDEAS. have been convicted, had they been allowed any opportunity to prove their innocence. 4. Among the offenses on the part of subjects punished as treason by various English laws, were the following: Compassing or imagining the deaths of the King, Queen or heir to the crown; Violence offered to the Queen, or to the King’s oldest daughter, or to the wife of his heir; Levying war against the King; Adhering to the King’s enemies, and giving them aid and comfort; Counterfeiting the coin of the realm; Killing a King’s officer; Breaking prison or rescuing a person charged with treason; Burning houses to extort money, stealing cattle, willful poisoning, execrating the King, counterfeiting his signature or seal, refusing to abjure the Pope, marrying any female of the royal family without the King’s consent, throwing doubt upon the King’s supremacy, &c.* 5. As a specimen of old English punishments for high treason we quote the following: “1. That the offender be drawn to the gallows, and not be carried or walk; 2. That he be hanged by the neck, and then cut down alive; 3. That his entrails be taken out and burned, while he is yet alive; 4. That his head be cut off; 5. That his body be divided into four parts; 6. That his head and quarters be at the King’s disposal.”

And this punishment for treason, the great Sir Edward Coke tells us, “is warranted by divers examples in Scripture, for Joab was drawn, Bithan was hanged, Judas was embowelled, and so * Blackstone, Book IV, 77, et seq. 4.

Name some of the offenses described as treason by English laws? 4.

Describe the old English punishment for high treason? How did Sir Edward Coke justify such barbarities? 244 [LESSON 8-2

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TREASON. of the rest.” * (By the same style of argument we presume Sir Edward would have justified the imitation of all the crimes narrated in the Bible!) 6. Now the American system of government, as we have seen, does not hang upon the slender thread of one man’s life or authority, but is built upon the broad and solid basis of the whole people. Hence there is no necessity with us for the timid nervousness on the subject of treason which is inherent in all monarchies. Hence we have no occasion to make an exception, in the case of persons accused of this crime, to those universal principles of justice and mercy which are interwoven in all our criminal laws. The very provision in our Declaration of Independence, “that whenever any form of Government becomes destructive of life, liberty and happiness, it is the right of the people to alter or to abolish it,”

while it would be construed as a justification of treason under a monarchy, in fact disarms it under a republic. There is but little room for conspiracy to overthrow a government that provides for its own alteration by changes in the Constitution and laws, whenever the people desire it. There remains but a limited field, therefore, for the commission of treason, and this is defined in the Federal Constitution as follows. TREASON DEFINED. 7. “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” t * Blackstone, Book IV, 93, and note. t Const, Art. III, Sec. 3, Clause 1. 6. Does the American Government depend on the life of any one man? Upon what foundations is it built? Is there any necessity with us for such severe treatment of treason? Can we not afford to treat traitors as leniently as we do other criminals? Why is there but little room for conspiracy to overthrow our Government? AV.

Define treason as specified in the American Constitution? 21* LxrssoN 32]

245

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LEGAL IDEAS. RULES FOR InS TRIAL. 8. “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court.” ITS PUNISHMENT. 9. ” The Congress shall have power to declare the pun. ishment of treason: but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” t The several States have adopted the language of the Federal Constitution, on the subject of treason, as against the State. And Congress, as well as the several State Legislatures, have affixed to it the punishment of death. The crime, and required evidence of it, are so clearly and simply expressed in these extracts, that it is unnecessary to comment upon them. 10. What is meant by” attainder,” and “corruption of Rood”Y These terms are used in the laws of England, whereby, when Parliament passed a bill declaring a person guilty of high treason, he was thereupon deemed to be “attainted,” that is, stained or corrupted. The operation of this sentence was, that all the property of such person was at once forfeited to the crown, and he was rendered incapable of inheriting land or titles from his ancestors, or of keeping what he had, or transmitting anything to his heirs. That is, the law of England punished the innocent for the crime of the guilty, and undertook to visit the Art. III, Sec. 3, Clause 1. 5. State the Constitutional rule for its trial? 9. Its punishment? Do the State laws vary from the federal on this subject? What punishment is affixed to this crime by statute? 10. What is meant by “attainder” and “corruption of blood “? What Injustice resulted from these laws in England? Is such injustice possible under our system? 246 [LEssoN 82 t Ibid., Clause 2.

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TREASON. offense of the father upon the children; not merely to the third or fourth generation, but to his latest posterity.* All such injustice as this is forbidden by the clause above quoted from our Constitution. A conviction of treason in the United States may be accompanied by forfeiture of property, during the life of the person convioted, should Congress so enact. But even Congress has no power to persecute a child for the crime of its father by corrupting its blood, or confiscating its patrimony. Such barbarity as this we are content to leave among its associate villainies in Europe, where it originated. 11. Though American laws provide for the capital punishlment of treason as defined in the Constitution, public sentiment has always been averse to enforcing the penalty. Hence, at the close of the great civil war of 1861, when the great majority of the people of eleven States had been guilty of levying war against the United States, and were completely at the mercy of the victorious nation, no attempt whatever to enforce the laws against trea.

son was made by the Government. Though such an opportunity would have doubtless been improved by every monarchy in existence, by wholesale slaughters, banishments, and confiscations, (such as were employed against the communists in France in 1871) the American Government contented itself by simply disfranchising for a time those who were responsible for the Rebellion. For we felt that our institutions, founded as they are upon the * Duer’s Const. Jurisprudence, 336 11. Has public sentiment in the United States been in favor of enforcing the penalties against’ treason? Were any of the Southern people prosecuted for treason after the close of the civil war of 1861? What was the limit of the punishment imposed upon the South?

How did this compare with the treatment of the communists by the French Government in 1871? Why are Americans indisposed to inflict severe Ipunishment for treason? What is the scripture rule on the subject of treatment of enemies? Has America followed this rule more faithfully than other nations? LsmoN 82] 247

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LEGAL IDEAS. consent of the people, cannot be maintained by force. “If thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head. Be not overcome of evil, but overcome evil with good.” * Have not the United States proved their civilization superior to that of any nation that ever existed, in their compliance on so magnificent a scale with this precept of the Apostle?

NOTES.-We may consider the American law of high treason as the purest in existence, and it shows how closely the law of treason is connected with civil liberty. Chief Justice Marshall said: ” As there is no crime which can more excite and agitate the passions of men than treason, -no charge demands more from the tribunal before which it is made a deliberate and temperate inquiry. Whether the inquiry be directed to the fact or the law, none can be more solemn, none more important to the citizen or to the government: none can more affect the safety of both.”-Lieber’s C. L. and S. G., 83. THE HOTEL DE VILLE -WHAT HAS BEEN WITNESSED FROM rrS

WINDOWS.-Strange and terrible scenes, witnessed from the windows of the Hotel de Ville, have been enacted on the Place de Greve (now Place du Hotel de Ville) in days not very far removed from ours. One of these occurred on Monday, March 28, I757. All the windows that commanded a view of the square were filled with noble ladies and gentlemen, splendidly attired. It was a dazzling blaze of goldembroidered garments, of glittering orders, of floating plumes, and priceless gems. The assemblage was radiant and gay, chatting and laughing; and yet, from time to time, eager looks were bent upon a space in the centre of the square, surrounded by palisades; and guarded by horse and foot. Was there to be a tournament?

What was the promised entertainment, which had attracted so many gallant gentlemen and so many beautiful and high-born ladies? A sort of thrill running through the assembled thousands, a sudden silence, preceded the appearance on the square of a pale, slender man, who advanced surrounded by guards and officers of justice. The lugubrious procession halted. The prisoner, for such he was, was stripped, bound, ironed, and laid * Rom.

xli: 20, 21. [LZSSON 32 248

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IMPEACHMENT. upon the scaffold in the centre of the palisades. Then followed the most horrible scene that the imagination can conceive. The right hand of the sufferer, which held a knife, was burned. He uttered a terrible cry as the member crackled in the blaze, and was then silent and looked at the charred stump with mournful attention. Then the executioner tore out pieces of flesh from his arms and legs, and poured into the flesh a mixture of melted lead, boiling oil, hot pitch, wax and sulphur; at which, says the official report, ” the aforesaid criminal cried out at several intervals,’ My God! Strength! Strength!” O Lord, my God, have pity on me!” O Lord, my God, how I suffer!” Lord, my God, give me fortitude!’” As during the burning of his hand, he uttered cries at the infliction of each fresh torture, then became calm and silent, and patiently contemplated his wounds. Four young and vigorous horses were then harnessed to his limbs; but, though they pulled with all their strength, and though the extension of the members was prodigious, they did not succeed in quartering the sufferer until the surgeon’s knife had scored the joints. The victim lived till the last limb was torn from his body, and then only gave up the ghost. His mangled remains were thrown upon a pile of wood and burned to ashes. The punishment had lasted hours, and night closed upon the horrible scene. The name of the victim, whose tortures were contemplated with satisfaction by the most refined ladies of the kingdom, was Robert Francis Damiens, and his crime that of stabbing Louis XV with a knife. The king was very slightly wounded, but terribly alarmed. The assassin was arrested on the spot. His motive was religious fanaticism; the King being at variance with the Archbishop of Paris and hostile to certain pretensions of the Church. No one but a king would have ordered such a diabolical punishment to be inflicted. But what monsters of cruelty the great majority of monarchs have been! LESSON XXXIII. OF

IMPEACHMENT. 1. We have several times alluded in previous lessons to impeaohment as a means used iinder the American system 1. What Is impeachment? LESSON 83] 249 impeachment as a means used -under the American sy-stem

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LEGAL IDEAS. to eject a bad public officer from his position, before the close of the term for which he was elected or appointed. WVhat is Impeachment? It is the calling to account or arraignment of a public officer, for maladministration of his office. 2. What public officers are liable to impeachment? A. The President and Vice President of the United States, the Judges of the Supreme Court, and of the various United States courts, and other chief officers. But impeachments are not necessary in the case of Senators and Representatives, for each house havil)g the exclusive control of its own members, and the right to expel them for malfeasance, this power is sufficient for their governance.* Neither is impeachment necessary in dealing with subord inate appointees of the Executive, who, being politically responsible for their conduct, can remove them at his pleasure.t B. The governor, lieutenant governor, secretary of state, controller, treasurer, attorney general, surveyor general, judges of the Supreme Court and district courts of a state, are liable to impeachment in their several states. (All these officers are elected for fixed terms.) But State senators and members of assembly, and appointees of the governor to civil offices, are not so liable. 3. Where does the power of Impeachments reside, and before what courts are they tried? In the case of a Federal officer, the impeachment is pre * Duer’s Const. Jurisprudence, 66. 2. What Federal officers are liable to impeachment? Are Senators and Representatives so liable? Why not? Are subordinate appointees of the Executive so liable? Why not? What State officers are liable to impeachment? What State officers are not so liable?

8. Where does the power of impeachment reside? Before what court are impeach, menits tried? How is this in the case of Federal officers? How in the ease of State officers? Who presides in the Senate when sitting as a Court of Impeachment? [LEssN 33 250 t Federalist, Sec. 65.

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IMPEA CHMENT. pared and managed by the house of Representatives, and is tried before the Senate.* In the case of a State officer, the lower house of the Legislature conducts the impeachment before the State Senate. The Chief Justice of the Supreme Court presides over the Senate, when sitting as a Court of Impeachment. 4. What rights are secured to public ofeers under im. peaehment? The accused has substantially the same rights that are guaranteed to persons accused of crime before the ordinary courts of law. The trial is conducted in a manner similar to that of a criminal indictment by a grand jury.t 5. What are the limits to the punishwments that can be inflicted by the Senate on impeachment? A. Removal from office. B. Disqualification to hold and enjoy any office of honor, trust or profit under the Federal or State government, as the case may be.+ But the party found guilty, may be further indicted and punished by the ordinary courts, if his offense be amenable to the criminal laws. Thus, a judge, removed from office on impeachmenit for accepting a bribe, may also be prosecuted for the offense against the law, and sentenced to the State prison. ~ 6. For what ofenses may public officers be impeached? The United States Constitution says: “The President, Vice President and all civil -officers of the * United States Const., Art. I, Sec. 2, Clause 5. lb., Art. I, Sec. 3, Clause 6. t Townsend’s Analysis. 147. t United States Const., Art. I, Secs. 3, 7. Also, Cal. Penal Code, 1872, Sec. 749. S New York Penal Code, Sec. 126. 4. What rights are secured to public officers under impeachment? How is the trial conducted? 5. What is the limit to the punishment that can be inflicted by the Senate on impeachment? If the offense be also amenable to the laws, what further punishment may be inflicted, and by what authority? 6. For what offenses may public officers be impeached? Quote the clause from the Federal Constitution on this topic? LESSON 38] 251

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LEGAL IDEAS. United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”* 7. Why is impeachment provided for in all our Constitutions, and yet so carefully quarded as to its limits, its mode ofprocedure, and its punishment? A. It is provided, because without it there would be no means of dispossessing a corrupt or disloyal officer (above the grade of appointee, who is removable at the pleasure of the Executive) until the expiration of his term of office; whereby the public interests might suffer. B. It is limited to the charges of” treason, bribery or other high crimes or misdemeanors,” because otherwise, party zeal or popular clamor might procure the disgrace and removal of good officers belonging to the opposite party, on frivolous pretences; thus endangering not only the rights of the persons impeached, but of the public, to the extent of the interests confided to the care of such officers. C. It is limited as to punishment, because such offenses as constitute a disqualification to hold office must in the nature of things be passed upon separately from the penalties visited by ordinary punishment upon ordinary citizens. For instance, a Governor may commit a murder. Though he be Governor he is, nevertheless, as liable to be hung for such a crime as any one else. But it would be a great public inconvenience as well as scandal, were the chief of ficer of a State to retain his office while undergoing a trial, imprisonment and execution for a murder. Therefore, he must be first stripped of his office, and then as a private citizen let him be handed over to the criminal courts to be dealt with as usual. On the other hand, were impeach * Art. II, Sec. 4.

A’. Why is impeachment provided for in all our constitutions? Why is it limited to treason, bribery, and other high crimes and misdemeanors? Why is it limited as to punishment? [LESSON 33 252

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RIGHTS OF PROPERTY. ment to include the ordinary criminal punishment for the crime committed, the Legislature, while engaged in an impeachment case, would be interfering with the Judiciary. (See Lesson V.) 8. How are unfaithful subordinate state officers removed? By information, followed by trial and conviction for malfeasance in a State court.* 9. Is impeachment pDrely a2i Am4nerican institution? No. For it was derived by the United States from England. But it exists nowhere else than in these two countries; and its use in England is much more limited than in America.

LESSON XXXIV. OF TIlE RIGHTS OF PROPERTY. 1. Next to life and liberty, it is the duty of the Government to protect all its citizens alike in their rights to acquire, enjoy, and dispose of property. Every individual in the United States is entitled to the absolute ownership of the proceeds of his labor, industry, knowledge and skill; to the savings or accumulation thereof, generally called “capital”; to the earnings of that capital in profits, rents, interest or by dividends; and to such property as he may acquire through gift or inheritance. There are two departments of the law which protect the individual in these rights, viz: The criminal law, and civil law. * See cal. Statutes, Act of 1853. S. How are subordinate State officers removed for malfeasance? 9. Is impeachment purely an American institution? 1. What important right next to life and liberty must be protected by the Government? To what property is every citizen entitled?

What two departmenta of law protect the individual in his right to property? 22 LESSON 34] 253 * See Cal. Statutes, Act of 1853.

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LEGAL IDEAS. PROTECTION TO PROPERTY BY THE CRIMINAL LAW. 2. In the classification of crimes quoted in Lesson XXVIII, 3, were enumerated offenses against habitations and other buildings, such as arson and burglary; offenses against property, such as robbery, larceny, receiving stolen goods, embezzlement, destroying title deeds; forgery and counterfeiting; offenses by cheats and swindlers, etc. All these offenses against property are both public and private wrongs. We have already seen in what manner the public wrong is ascertained and punished. The private wrong is remedied by restoration of the thing stolen, or its value. Stolen property of every description must be returned to the true owner thereof.

Even though the thief may have sold it to an honest purchaser, that purchaser is compelled by the law to surrender it to the lawful owner on his proof of a clear title to it. t And in case the property has been destroyed, or made away with so that it cannot be restored, then the law gives to the sufferer a claim for its value upon the person who has unlawfully deprived him of it, together with damages for the further loss and inconvenience occasioned by its detention.t ” Government is bound to assist the rightful owner of property in recovery of the possession of it, when it has been unjustly lost.”~ PROTECTION TO PROPERTY BY THE CIVIL LAW.

3. Butt there are a thousand occasions for dispute about property between individuals, wherein one seeks to get * New York Crim. Proc., 759. t New York P. C., 783. t Kent’s Corn., II, 323. ~ Kent, 11, 334. S. What crimes against property can you enumerate? Are these offenses both public and private wrongs? Why? Are there therefore both public and private remedies therefor? What is the remedy for the public wrong? Whatfor the private wrong? 8. Describe what you understand to be a civil suit? How do such actions arise? Does the government undertake the settlement of disputes about property between 254 [LrssON 34

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RIGHTS OF PROPERTY. possession of his neighbor’s lands, goods, or money, without committing any crime, or in which neither party is guilty of any wrong, yet they cannot agree about the matter at issue. For the settlement of such cases, (which are termed civil suits) courts are everywhere provided; each sitting at stated terms in its own district, and administering the law according to the circumstances of each case.

Attorneys are generally engaged by both parties, but their fees and all other expenses of the suit are paid by the parties thereto. In case of error by the judge and in several other cases, the party aggrieved has the right of appeal, or of a new trial. Appeals may be taken always to at least one higher court, sometimes to a third and fourth one. Every step in every suit is carefully prescribed by law, so as to prevent injustice, and secure perfect fairness between the parties. And to preclude any attempt at tyr. anny by the judges, the Federal Constitution provides: “That the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.*

It also contains the following provisions: “No one shall be deprived of property, without due process of law.” “In all cases at common law wherein the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.“t Should any judge accept a bribe, that is, take money or other gift from one side as the price of a judgment against the other, (a very common crime in half civilized, corrupt, * Art. IV, of Amendments. individuals? By what means? Are the rights of the parties to civil suits carefully guarded by law? How about appeals? New trials? Jury trials? Attorney? Who pays the cost of civil suits? What Constitutional provision precludes tyranny by the Judges? Repeat the other clauses quoted from the Constitution on this subject? What is the punishment for judicial bribery? LESSON 341 255 t ArL V, of Amendments.

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LEGAL IDEAS. or decaying governments) all our constitutions provide for his impeachment.* 4. The right to property, being less valuable than the right to life,a offenses against mere property shall not be punishable by death, nor shall property be protected, except as against criminals, at the expense of liberty. These principles are purely of American origin.

Even in England, from whose constitution we have drawn many of our ideas, the punishment of death has, until quite recently, been inflicted, not only for murder and arson in the first degree as with us, but also for robbery, burglary, larceny, and many other crimes.b That is, the criminal law of England protected property at the expense of life. And it also protected property at the expense of liberty, for by the laws of that country, a person unable to pay his debts was, and is yet, liable to be imprisoned, sometimes for life unless the debt be sooner paid; and this without any regard to the guilt or ininocence of the debtor. Such imprisonments, too, were not the result of a public prosecution, as for crime; but were simply a legal way of gratifying the revenge of the creditor upon the unfortunate person through whom he had lost his money.

To this day, the debtor prisons of England are filled with these unfortunates; though the causes for which they may be imprisoned have been much restricted of late years.t 5. Now as we have already seen,- no offense against *See Lesson XXXV. t See Dickens’ “Little Dorrit.” t Lesson XXVII[,‘5. 4. Is the right to property less valuable than that to life?

Are offenses against mere property punished with death in the United States? Is property protected at the expense of liberty, except as against persons guilty of a public offense? Are these principles purely American?

How many crimes were formerly punishable with death in England? Did England protect property at the expense of life and liberty? What is imprisonment for debt? Is this practiced in England? 5. Is the imprisonment of thieves and robbers in the United States inflicted for the private or public offenses committed by them? Can a creditor imprison his debtor? What case forms an exception to this rule? Why? [LESSON 34 256

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RIGHTS OF PROPERTY. mere property is punishable by death in the United States, and though house-breakers, incendiaries and thieves are imprisoned, their deprivation of liberty is due to their offenses, not so much against the property, as against the peace and dignity of the state.

But’no plaintiff obtaining a judgment in a civil suit for money or property can get anything thereon from the defendant, exa cept money or property. He cannot imprison the debtor who cannot pay, except he has committed a fraud; and in that case,,though he can cause the arrest of the debtor, the latter is always admitted to bail, and his imprisonment can follow only upon a conviction for fraud in a criminal court.* 6. As nearly all matters relating to the protection of property are under the exclusive control of the several States, and are not included in the powers entrusted to the Federal Government, the United States Constitution is silent on the subject of im. prisonment for debt. But the Constitutions.of several of the States contain clauses like the following: “No person shall be imprisoned fbr debt in any civil action on MESNE or FINAL process, (that is, neither while the suit is in progress or has been ended by a judgment) except in case of fraud.t NOTES.-(a) “The life is more than meat, and the body than rai. ment.”-Luke xii: 23. “A man’s life consisteth not in the abundance of the things which he possesseth.”-Luke xii: 15. (b) “It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than a hund’ed and sixty have been declared by act of parliament to be felonies wvithout benefit of clergy; or in other words, to be worthy of instant death.”-Blackstone, IV, 19. *

Cal. P. C., 154, 155; New York P. C., 212,213. t Const. of Cal., Art. I, Sec. 15. 6, Does the Federal Constitution forbid imprisonment for debt?

Why not? Hlow is it in the State Constitutions? 22* LEssoN 34] 257

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LEGAL IDEAS. LESSON XXXV. OF BANKRUPTCY AND HOMESTEAD EXEMPTIONS. 1. Mere inability to pay one’s debts shall not prevent a man from earning his living, or deprive his family of their right to a home. Previous to the recent enactment of bankrupt laws, inability to pay one’s debts in any European country was one of the worst misfortunes that could overtake a human being. Under the Roman law of the twelve tables the creditors of a bankrupt might cut his body in pieces, and each of them take a proportionable share; or they might imprison him in chains, subjecting him to stripes and hard labor, or sell him, his wife and children into perpetual foreign slavery. And the modern laws of Europe have always been very severe in exacting the last farthing from the debtor, who was sure to be stripped of all his property, including his house, furniture, and tools of trade. His family were turned homeless beggars into the street; his reputation was ruined for life, and he was sent to jail, and thereby disabled from earning a living for himself, or his family. 2. In no American idea is our superior justice, humanity, and regard for natural rights more beau tifully displayed, than in our treatment of the unfortunate but honest debtor. The Federal Constitution provides t that “Congress shall have power to establish uniform laws on the subject of bankruptcies, throughout Blackstone. II, 473. See also, Leviticus xxv: 39, 47; and Matt. xviii: 25. t Art. I, Sec. 8, Clause 4. 1. What was the condition of persons unable to pay their debts in Europe, previous to the enactment of bankrupt laws? How was it under the Roman law? 2. Is the American idea on this subject superior in humanity to the European laws?

Repeat the clause from the Federal Constitution on the subject of bankruptcies? What do American bankrupt laws provide? What is meant by property exempt from execution? What is the effect of a discharge in bankruptcy? 258 [LESSON 36

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BANKRUPTCY, ETC. the United States.” Such laws have been passed. They provide that when a person becomes honestly unable to pay his debts, (or “insolvent”) he can turn over to an officer, to be appointed by a Federal court for that purpose, all his property for the benefit of all his creditors alike, except what is exempt from execution-that is, such props erty as the law allows him to keep for the use of his family, or to enable him to earn a living. And this being done, without fraud or concealment, or any attempt thereat, the debtor is discharged from his debts. He can then resume business. If he prospers, he may if he pleases pay his old creditors in full, (and the motives of conscience, honor, and the high respect earned by such acts, induce many to do so). But the creditors can never compel payment from the bankrupt, nor can they after his discharge interfere with his future property or business. Neither is any man’s reputation injured by a discharge in bankruptcy, when rendered necessary by circumstances beyond his control, and not impugning his good judgment, or good faith. 3. It may seem atflrst sight that bankrupt laws work very harshly as against creditors, and are anything rather than aprotection to property. But it must be remembered: A. That no person is OBLIGED to become another’s creditor. Whoever sells goods or lends money on trust, does so of his own free will. It is’for him to decide beforehand whether the advantage he expects to gain by making a loan or sale be sufficient, provided the money be paid when due, to recompense him for the risk he runs of never receiving it. If the debtor fails to pay, which often happens by misfortune or accident, this is one of the chances the creditor took. It would be a great 8. Do bankrupt laws work any injustice to creditors? Why not? Can a dishonest bankrupt take the benefit of the act?

Is equality of payment a hardship to creditors? Why should creditors not be allowed to claim more than their proportion of the props erty of a bankrupt? LESSON 35] 259

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LEGAL IDEA[R hindrance to trade and commerce, if the debtor were to be forced to take all the chances of loss to others that might grow out of his own honest transactions. In case of dishonesty, however, not only is no discharge in ban*ruptoy allowed, but for fraud the party guilty of it is liable to punishment. B. As all the creditors took their chances on the debtor’s having money enough to pay all his debts, and it turns out that there is only enough to pay a portion of, those debts, then it is much more fair and reasonable that each creditor should get his proportion of what is left, than that one or two should get it all, and the rest, nothing. This equality of payment is specially secured by bankrupt laws.

C. If the debtor honestly gives up all his available property, that is, all the property on which his creditors trusted him, that.should be all that they in reason could ask of him. The old plan of” once bankrupt, always bankrupt” inflicted a life Qf-misery on all who were so unfortunate as ,to fail in business. No such person could ever hope to rise again, because as fast as he would begin to save a little property, some one of his old creditors would seize it, and educe him once more to beggary.

Better that many persons should each lose a portion of their property, than that one person, and those dependent on him, should be condemned to a life of hopeless poverty and disappointment. OF PROPERTY EXEMPT FROM

EXECUTION. 4. It is the American idea that every man owes to the world an equivaleat for his living, and therefore must not be 4. What is the American idearelative toevery man’s right to earn his living? What in relation to the duty of married men to support their families? Which debt is most binding, the support of one’s family, or the payment of his debts?

What legislation results from this idea? What property is generally exempted from execution bylaw? Which States are most liberal in this respect? 260 [LEssoN 35

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BANKRUPTCY, ETC. deprived (except in punishment for crime) of the means of earning that equivalent. Furthermore, that a married man owes to his family, by the law of nature, food, clothing and shelter; which debt cannot be cancelled by any law of society, compelling him to deprive his innocent dependents of the necessaries of life, in order to pay other debts of less binding obligation. Hence, nearly all the States have passed laws “exempting from forced sale” the home of the family, a certain quantity of the land, teams, tools and seed of the farmer; provisions for the family for a certain time; their furniture and clothing, the tools of the mechanic, the library of the professional man, etc. Tie laws of the newest states are the most liberal in these. respects. The Constitution of California provides that ” the Legislature shall protect by law from forced sale, a certain portion of the homestead and other property of all heads of families.” NOTES.-Exemption of portions of debtor’s property is increasing in various states of the Union, and seems to indicate a progressive policy in this respect. In New York, the house and land of the debtor, he being a householder, and having a family, to the value of one thousand dollars, are now exempted from sale under execution. To entitle the debtor to such exemption, a notice that they are designed to be held as a homestead must be recorded in the clerk’s office of the county. This exemption is additional to that which previously protected certain personal property of the debtor. See Vol. III, p. 479, n. a.; Laws of New York, I850, p. 499, ch. 260. Similar laws exisist in Vermont, see Vermont laws of i849; in Iowa, laws of I849, ch. 80; in Ohio, laws of I850; in Massachusects, laws I857; in New Hampshire, laws 185I; in New Jersey, laws I852; in Kentucky, laws I854, ch. 497; in Tennessee, laws of I856, ch. 77; in Alabama, I853-54, Nos. 8, 13; and in California, where the homestead exemption is $5,00o0, Wood’s Digest, ch. XLII, 2580. See also same work, Art. 953, Sec. 219, for a very liberal scale of exemptions of the tools of nearly all trades and professions. See also Kent’s Corn. III, 478, and notes. Cal. Const., Art. VI, Sec. 15. LESSON 351 261

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LEGAL IDEAS. Bankrupt laws have existed in England for more than three centuries, but their benefits are wholly confined to the mercantile classes. -Blackstone, II, 476. LESSON XXXVI. OF MONOPOLIES AND

PERPETUITIES. 1. As the greatest good to the greatest number is best promoted when wealth is distributed thro?ghouit the mass of the people,*
the lws sh(ll not favor monopqoolies, or hereditary accumulation in the hands of a few, nor tend to make the rich richer, or the poor poorer. We have already seen in our first lesson that liberty cannot exist without equality; nor equality, when any class of men are allowed rights which are denied to others. Hence no monopoly, that is, “the exclusive power of dealing in any species of goods, or with any country or market,“t “exclusive command or possession,” can be granted to individuals or corporations by Congress, or by Legislatures, without a gross and dangerous violation of a fundamental American idea. Our doctrine is, that all kinds of business are free to all who engage in them, so far as the law is concerned. Not only so, but all combinations or agreements among dealers, in any one kind of business, to raise prices or limit the quantity of any article produced, are contrary * “Give me neither poverty nor riches, lest I be full and deny Thee, and say, Who is the Lord? or lest I be poor and steal, and take the name of my God in vain.” Proverbs xxx: 8. t See Webster’s Dictionary. 1. State the proposition at the beginning of this lesson? What is a monopoly? Can monopolies be granted by Congress or the Legislature consistently with the American idea? Why not?

Are agreements to raise prices among dealers in any branch of business protected by law? Why not? How are they prevented? What exceptions are there in favor of authors and inventors? Why are these exceptions made?

Are they made for a fdxed period? 262 [LESSON 36

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MONOPOLIES, ETC. to the laws against “restraint of trade,” and therefore illegal.* The only exceptions to these general and uniform laws are those in favor of authors and inventors: to each of whom is granted, for a limited period, the exclusive right to publish his own books, or make and sell his own inventions. These exceptions are tolerated because a new book or machine takes nothing away from other books and machines, unless it be better than they: in which case the public is greatly benefited by their composition or invention. But without the hope of gain, offered by the copyright and patent laws, very few would care to write books, or invent machines, and thus the greatest of all incentives to the progress of civilization would be taken away. After the expiration of the stipulated time, any one is free to print the book or manufacture the invention, and thus the monopoly is short-lived. ]GLISH MONOPOLIES. 2. In the days of Queen Elizabeth, of England, the trade of that Kingdom was grievously interfered with by her wholesale granting of monopolies. And this abuse of royal power did not cease with her reign. Such were the exclusive privileges granted to the Hudson’s Bay Company, (which still exists) for collecting furs in North America, and to the celebrated East India Company for the control of the East Indian trade. Such also were the crown grants to the early proprietors of the American colonies. Thus, to William Penn was granted the State of Pennsylvania; to Lord Baltimore the whole State of Maryland, &c.; and from these proprietors all the colonists were obliged to purchase their lands. *Blackstone, IV, Chap. 12. l. Were monopolies formerly granted by the English sovereigns? Name some of them?

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LEGAL IDEAS. AMERICAN MONOPOLIES. 3. It must be acknowledged that Congress has seriously violated this principle in a number of instances, in the granting of immense tracts of land to railroad corporations; and lately in the exclusive commercial grant made to the Alaska Fur Company, for the taking of furs in the Territory of Alaska. So far as land grants to railroads are concerned, public sentiment is now (1872) demanding a change in the policy of the Government: for it has been found that those huge corporations are rapidly endangering the liberty as well as the equality of the people. PRIMOGENITURE AND ENTAIL. 4. England has two laws designed expressly for the perpetuation of wealth in families, by inheritance from generation to generation. One of these is the law of Primogeniture,* by which the eldest son is the legal heir to all his father’s lands, leaving only the personal property, if any, to his younger children, who are thus often obliged to become dependent on the older brother, or to go out and work for their living while he is rolling in wealth. The other is the law of Entail,t whereby a person making a will can make it impossible for his heirs, perhaps to the third or fourth generation, to sell his landed property. By the operation of these two laws the largest estates the world ever heard of are retained in the possession of certain English families, who by this means, aided by their titles, and other hereditary dignities, are enabled to maintain their power in perpetuity. * Blackstone, iv, 421.

t lb., chap. vIL 8. Has Congress violated this principle? In what cases?

What is the present condition of public sentiment on this subject? 4.

Describe the English law of primogeniture? What is its effect? Of entail?

How does this law operate? What is the joint effect of these laws in promoting monopolies? 264 [LESSON 36 * Blackstone, IV, 421. t Ib., Chap.

VII.

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MONOPOLIES, ETC. NO SUCH LAWS IN THE UNITED STATES. 5. But in America, nothing of this kind is allowed. Both of these laws are inifringements upon liberty, for the youngest son, or the daughter, has as good a natural right to inherit a portion of the father’s wealth as the oldest son. It is no fault in the former, no merit in the latter, that one happened to be born at a different time, or of a different sex, from the other. Why should their fortunes differ on such a ground? And the heir inheriting property under restraint from selling it, cannot do as he will with his own, so that he cannot enjoy all the rights of property over it. No law of primogeniture or entail finds place on American statute books.* 6. The laws shall not tend to make the rich richer, nor the poor poorer. If the laws had such tendency, they would lead directly to the formation of aristocracy, and would be unjust to the poorer class-that is to the great majority-for the rich are always a very few among the whole number of people. Thus, if a monopoly of trade in a certain article, such for instance as coal, could be procured by law in favor of a certain set of dealers, no person would then be allowed to buy coal except from the monopolists, who would of course put up the price so as to become enormously wealthy at the expense of the multitude who buy coal. Such a law would make the rich man richer, and the poor man poorer. 7. Now it is impossible for the law in a free country to prevent temporary commercial monopolies: for the move * See Lesson XXVI. 5. Is anything of this kind allowed in the United States? What injustice is effected by the laws of primogeniture and entail? 6. Do American laws tend-to make the rich richer, and the poor poorer? What would be the tendenicy of such laws?

Give an instance of their operation? 7. Is it possible for the law in a free country to prevent temporary commercial monopolies? Why not? What laws should be left free to govern trade? Must the 23 LESSON 36] 265

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LEGAL IDEAS. ments of trade left to themselves are governed by the laws of trade. These laws are better understood by some men than by others, and as the shrewd, far-seeing business man is as much protected by law in his acquisitions, (provided no law be violated in gathering them) as the ignorant, stupid or careless man, he will naturally add to his wealth at the expense of others not so able or so fortunate. And at first sight this looks as if the law were partial to such men. But this is a mistake. The laws of the game of chess are the same to both players; but that does not deprive the better player of his superior skill, nor of his consequent ability to win the game. The rules of base ball are alike to both clubs, but that does not prevent the best muscle, skill and practice from driving the weaker and less expert party from the field. If there were laws in such games giving to one party the right to the victory in all cases, then such laws would be as unfair and oppressive as laws of the land which should make the rich richer and the poor poorer. The American idea herein is, that the laws of the land shall not restrict the laws of trade. Thus all have an equal chance, except as against the superior knowledge, activity, energy, prudence, economy and foresight, with which nature and education always favor some individuals more than others. And shrewd financiers are continually scheming to form and control commercial monopolies. In this they may succeed for a time, but the duration of their success is always brief. Death, revolutions in fortune, and free competition soon break up laws of the land protect all, including shrewd and energetic men, in their honest gains? Why? Would there remain any motive for exertion, if industrious and prudent people were denied the enjoyment of the fruits of their labors? Must not some, therefore, succeed better than others? Would it be just for the laws to compel a division of the property of the rich in favor of the idle and poor? What is the restriction in the United States upon the enactment of laws interfering with the laws of trade? Why are mere commercial monopolies temporary in their nature? What only can create a permanent monopoly? 266 [LrssoN 36

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LESSON 37] PRIVATE PROPERTY, ETC. the scheme. Nothing but legislation can create a permanent monopoly, and this kind of legislation is unconstitutional in nearly all the States.* 8. American law. sustains, in some respects, the same relation to property that it does to religion. The State depends for popular morality on the churches, and for popular prosperity on business: therefore all churches are free, and all business is free. The State cannot ally itself to any one sect to the exclusion or injury of any other: t neither can it favor one business to the damage of another. The religionist is left to the control of his own church in all matters pertaining thereto; so the merchant, manufacturer and tradesman are left to the operation of the laws of their respective callings. The results are parallel, for while the voluntary zeal and activity of religions was never more marked than in the United States, so the variety of occupations, the energy of industry, and the general pursuit of wealth, were never more productive than among our people. LESSON XXXVILI. OF

PRIVATE PROPERTY TAKEN FOR PUBLIC USE. 1. “Private property shall not be taken for public tse without just compensation.”+ There are two cases in which government rightfully takes * Thus, the Constitution of California provides that “No perpetuity shall be allowed except for eleemosynary (i.

e., charitable) purposes.” Art, XI, Sec. 16. t See Lesson XIII. t Federal Constitution, Amendment V. 8. In what respects does American law bear the same relation to property as to religion? LESSON XXXVII. - 1. In what two cases may the government rightfully take private property for public uses?

What is the consideration given by the govern 267

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LEGAL IDEAS. private property for public use. The first is by way of the taxes levied upon all the people in proportion to their property for the purpose of paying its regular expenses,* for taxes are the price of the protection which the government gives to the lives, liberties and remaining property of the tax-payers and their families. 2. The other case is when the government requires land for the erection of public buildings, forts, lighthouses, navy yards, railroads, or canals, all whereof are a greater good to a greater number of people than the land is to its owner.

And, in case of war, an army in need of supplies will take the horses, wagons, and crops of the farmer, or goods of the merchant. In all such cases, what is wanted by the many, (represented by the government) must often be taken from the few. But if it were taken without paying the just value thereof, then the few would be oppressed by the many, and great injustice would result. For instance: if the country be invaded, it benefits all the citizens alike to have the enemy beaten. All therefore should pay in proportion to their property for the expense of defending the country. If however, an individual were liable to be deprived of all he has for the public benefit, he would be assessed much more than his share of this expense, while the public would escape payment for what is thus applied to its benefit. Justice and equality therefore require that what the public needs, the government shall have the right to take, but it must pay a fair compensation for it. If the owner refuses the price offered by the govern * See Lesson XXI. ment to the people for the taxes they pay? Why, and on what conditions, is it proper for the government to take other private property for public use? Repeat the quotation from the Constitution? Does not the public good often require the use of private property? Could government be carried on successfully if it had not this power? How is the price to be paid for such property determined? 268

[LESSON 37

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LissoN 37] PRIVATE PROPERTY, ETC. ment, the latter will take the property, and afterwards pay such amount for it as the verdict of a jury, or the award of commissioners, will pronounce a fair compensation. In this way only can the government perform its dutyto the people without either oppressing individuals or being defrauded by them. For it often happens that the government is the only purchaser for a piece of land so situated as to be indispensable for a fort, a lighthouse, or a road, and yet worthless for any other purpose, but for which the owner demands an extortionate price: or in case of emergency, the owners of articles needed for the supply of troops might refuse to furnish them except at many times their value. Thus the many would be taxed for the benefit of a few, and the powers and purposes of government seriously crippled or embarrassed by individual greed. Private property must therefore be yielded up to government, when the public good requires it, but the owner thereof must be compensated in the fair value of such property. 23* 269

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I

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PART XXIX LECTURES ON THE DUTIES OF THE AMERICAN CITIZEN.

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I I

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PART III. OF THE DUTIES OF THE AMERICAN CITIZEN. LECTURE I. EARNING A LIVING. 1. We have hitherto sketched the outlines of many of the peculiar ideas which animate the American system of government. The list of topics is not complete, nor can it be made so without far exceeding the limits of a school book. Those who desire to know more may follow up this study through many volumes of history, political science and law, and then perceive that there is still much to be learned. We hope, however, that enough has been shown in this little work to excite the young citizen to push forward to a higher plane of knowledge: enough to suggest to all readers the grave responsibilities they sustain as voters under the American system. For it is upon the personal character of the citizens that the whole political and legal edifice rests. If the public are corrupt, so will the government be. If the people are careless of their public duties, knaves (or fools, the tools of knaves) will surely control the public destinies. If the people lose the sense of justice, the bench will no longer administer it. If they become fond of military glory, the shock of arms I 0

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DUTIES OF THE CITIZEN. a and cries of the wounded will soon drown the voice of industry. If they patronize a flagitious press, the press will demoralize them in turn. If they cease the practice of Christian charity, strife and proscription will soon displace peace and good will among men.

All these evils, or others of similar nature, have from time immemorial overtaken those nations whose people, enervated by luxury or intoxicated by prosperity, have given the reins to their individual passions, and thus dry-rotted the virtue of society. 2. It is a maxim in natural philosophy that there is no particle of matter, however small, but it affects every other body of matter in the universe, however large. So it is in the American commonwealth; in which there is no person, however humble, who does not influence in some degree the entire community. Yet no one person in a republic is responsible for the acts of all: hlie must answer only for his own. Can you not see at once, that if every citizen always acted under the sense of personal responsibility, the acts of the public would necessarily be reasonable and just? 3. We come now to consider what principles should actuate each individual, in so regulating his own conduct that he may be worthy of the exalted name of an American. To you, young man, we especially address this discussion; for in a few years youth will become manhood, and upon you individually, and on no one else, will devolve your share of the destinies of this great nation. THE DIGNITY OF

LABOR. 4. You have heard the expression, “the dignity of labor,” but you have probably not realized the meaning of it. If your parents are poor, and have been obliged to 274 [LECTURE 1

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DIGNITY OF LABOR. work on a farm, or in a factory, store or shop, for wages so low that they could hardly feed you; surrounded by ignorant, perhaps vicious, fellow-laborers; you have doubtless thought hardly of their lot, and wondered what the politicians meant who came for votes, and talked of the dignity of labor. And if you are the child of wealth, accustomed to look down upon menials and mechanics; to prize a soft hand and fine clothes as the marks of the “C gentleman,” you have learned to despise labor as something beneath the level of your standing in society.

But both these notions are fatal errors, relics of monarchical traditions-false in fact, dangerous in their tendencies, and totally opposed to the American idea. 5. The American doctrine is, that all labor is honorable-labor of the hand as well as of the head. It is only with labor of some kind that man is able to pay the world for his living. Every one must somehow get food, clothing and shelter, or he cannot live. But he can do this only in one of two ways: either he must provide for his own wants, or some one else must do it for him. *If the latter, then the recipient of such favors, having little or nothing to do, is not only a burden upon whoever supports him, but is a useless member of society. His faculties rust for want of use; his passions take possession of him, for he must needs amuse himself; idleness breeds vice; vice leads to crime; and by and by the State will very likely be charged with his support as a vagrant, a drunkard, a gambler, or a criminal. “Satan finds some mischief still For idle hands to do.” On the other hand, whoever maintains in idleness a person able to support himself, is burdened with more than his share of responsibility. His rights are invaded, for the other does not so enjoy his liberty as to permit his father LECTURE 1] 275

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DUTIES OF THE CITIZEN. or friend to do the same. And if it be the State that is so burdened in supporting paupers and convicts, then the cost of their maintenance must be laid, in taxes, upon the shoulders of the laboring members of the community; who must thus divide their earnings with those who have no personal claim upon them. 6. But if the citizen (having no inherited wealth) depends upon himself to pay his way, he must convert the sweat of his brow or the toil of his brain into some article valuable to other men, in exchange for which his living, and generally more, will be furnished him; and what results from this process? A. The earth is made to yield abundantly, to supply the wants of man. Millions of civilized people are supported by the cultivation of the same lands that in a natural state would feed only a few savages. B. The powers of men are developed, for it is a law of human nature that these powers can become strong only by use. The more you do, the more you become able to do. The weak muscles of the city fop would be exhausted by a few moments of the labor which the hard-handed fariner or wood-chopper easily performs day after day. The trained thought of the lawyer makes light of many a mental task which to the uneducated is wholly impossible. “Practice makes perfect.” C. Universal occupation creates universal happiness and virtue.

There is no misery like long continued idleness. Busy people have no time for vice. “The consciousness of a well-spent life makes old age pleasant.”

D. Industry of one kind creates another. Thus, agriculture creates manufactures; manufactures stimulate the mechanic arts; both of these require commerce, which binds all nations in peaceful communication with each other. [LECTURE 1 276

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DIGNITY OF LABOR. E. The habit of self-support creates self.reliance, self-respect, self-restraint, prudence and judgment. Direct contact with the laws of nature-the result of all work-makes men thoughtful. Habits of thought continually extend the circle of knowledge. Dealing with other men ill the transactions of business sharpens the observation, and stimulates the ambition to make the best use of all opportunities. 7. Now all self-supporting men and women are laborers. It matters not what kind of labor they perform, so long as each serves the community to the best of his or her ability, to at least the extent of earning the necessaries of their own lives. Paul did not discriminate against menial or mechanical labor when he wrote to the Thessalonians: “That ye study to be quiet, and to do your own business, and toto work with your own hands, as we commanded you: that ye may walk honestly toward them that are without, arnd that ye mnay have lack of nothinq.”* Nor did he fail to set an example of industry, of which he reminded them when he said, that “Neither did we eat any man’s bread for naught, but wrought with labor and travail night and day, that we might not be chargeable to any of you.“t 8. Do you now ask: Where is the dignity of labor? Is there no dignity in that wonderful industry that has cleared our lands of their boundless forests, and supplanted the straggling Indians of three centuries ago with forty millions of civilized beings? Is there no dignity in the genius that invented the cotton gin, the steamboat, the telegraph, the monitor, the reaping machine, and has filled the patent office with more than a hundred thousand other inventions in less than a century? Is * I Thess. iv: 11, 12. t II Thess. iii: 8. (Paul was a tent-maker by trade.) 24 LECTURE’,! ]

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DUTIES OF THE CITIZEN. there no dignity in the construction of our 52,000
miles of railroads, our 3,200 miles of canals, our 500,000 miles of mail roads, and our tens of thousands of ships and steamers? Is there no dignity in the building of a hundred cities, and of ten thousand villages and towns; in the culture of hundreds of millions of acres of land; in the working of mines; in a thousand factories; in the printing houses, the schools, the churches, the commerce of the United States? Yet what but labor has wrought all these great works? 7. Beware, therefore, how you undertake to despise labor. Rather honor it, and this for its own sakefor its results to others as well as for the rewards it brings. Who can tell what it is doing to-day for even the humblest toilers, or to what heights it may raise the lowest of its votaries! Washington began life as a surveyor, Franklin as a printer, Lincoln as a splitter of rails; Henry Clay was a mill boy; Daniel Webster was a farmer; A. T. Stewart was a clerk. Take the great men of the nation at any period, and you will find that all of them learned to work in their youth, nine-tenths of them at some menial or mechanical occupation. If they had not thus been thrown upon their own resources, they never would have developed the powers which afterwards won their way to the highest places in their country’s gift.

10. Your first duty, therefore, to yourself, your family, and your country, is to show that you honor useful work by learning a trade or profession, whereby you can pay to the world an equivalent for your living. And thereafter, never degrade yourself below the level of an American citizen by owing any one the favor of supporting you, or those dependent on you. 278 [LECTURE 1

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OBEY THE LAWS. LECTURE II. OBEY THE LAWS. 1. You cannot have understood the foregoing lessons, without perceiving that except the mass of the people VOLUNTARILY obey the laws, there is no binding force in any of the institutions of the country. You are one of the mass of the people. Should you as a single individual, or in company with a few others, undertake to break the laws, you will be very likely to suffer for it as a criminal.

Should you be one of a large number who conspire against the institutions of the land, you would all be enemies of law and order or in effect, traitors to American ideas. And should you succeed in enlisting a majority of the people against the constitution and laws, then you would introduce revolution; and chaos, confusion and bloodshed would take the place of peace, order, and prosperity.* 2. It becomes therefore a matter of public necessity that every individual should WILLINGLY obey the laws. It is especially so in America, because here the laws are based upon public opinion, and we have no standing army, no governing class, to compel obedience, if the mass of the people oppose the law. (See Lesson VIII, 11.) And in all cases where the law affects individuals, they are presumed to know what it requires. If this were otherwise, every criminal could plead his ignorance of the law as an excuse for crime, and he would thus escape punishment. But as very few persons besides attorneys anid public officers can find the time to study all the details of the statutes, you can save yourself that labor, and yet keep out of all serious trouble by simply * Such was the French Revolution of 1789. ‘LECTURE 21 279

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-DUTIES OF THE CITIZEN. observing tdwards all the Golden Rule; “

Whatsoever ye would that men should do to you, do ye even so to them.,’ No citizen of a free government who observes this rule will ever be arrested on a criminal prosecution, or have any disputes, at least of his own making, involving the rights of others. RESPECT FOR RELIGION. 3. It is a natural inference that if there be one text in the Bible of so great advantage to human happiness, there must be many such in the sacred volume. If the superior civilization of the American Constitutions and laws be based (as we have seen) upon the Bible, then those constitutions and laws will be best understood when examined in the light of the Bible.

Such was the view of the fathers of the Republic. Such, in effect, was the advice of the great Washington, when in his farewell address to his countrymen he used this beautiful language: “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness-these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and cherish them.

A volume could not trace all their connections with private and public felicity. Let it simply be asked, Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and ex [LECTURE 2

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LECTURE 2] PERSONAL INDEPENDENCE. perience both forbid us to expect that national morality can prevail in exclusion of religious principles.”* 4.

It is your duty therefore to respect and reverence religion. Connect yourself and family with some church, if not as memnbers, at least as attendants and contributors. Even though in all things you can adopt no religious faith as your own, you will at least thus discharge a debt every man owes to his children, and assist in the perpetuation of religion among the people, who without it would soon lose the civilization they owe principally to its divine teachings. The religious feelings of others you will always treat as sacred. PERSONAL INDEPENDENCE. 5. In him who realizes the vast fields which political liberty offers to his occupation-whose energies are excited by work-who realizes that he is one of the sovereign people, and has all the rights that are enjoyed by the most favored of his fellow-citizens-in such a man there grows a feeling of personal worth and independence which scorns the dictation of other men. No such man needs to pin his faith on another’s coat sleeve, or abjure his own right of opinion at the bidding of those no better than himself. To him the books of nature and of art are as widely open as to any one. His faculties are such as God made them, to whom alone he is accountable for their use or abuse. To him “authority” has no meaning except the command be from Deity, or from the laws of the land which he himself has helped to frame. To him the attempts of his fellow-mortals to clothe themselves with the attributes of the Almighty, and to claim the right to force the wills or the consciences of other men, are but as the ravings of the insane, or the toothless drivel of senility. The American * Spencer’s United States History, Div. IV, p.

396. 24* 281

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D UTIES OF THE CITIZEN. “proves all things,” that he may “hold fast that which is good.”* He will never consent to make that proof by proxy, or to wear the chains with which arbitrary dogmatism is ever ready to fetter him. CULTIVATE OPINIONS OF YOUR OWN. 6. As you go through life, you w1ll often move in an atmosphere of lies. False statements of facts, exaggerated rumors, fallacious arguments in books and newspapers, one-sided pleadings by attorneys and stump orators, controversies among many sects of which all cannot be right, errors in the garb of science, mistakes in judgmentthese will harass you at every turnl. If you follow all who seek to lead you, the weather-cock will not be more variable. In such case you will be a turn-coat in politics, a pervert in theology, “everything by turns, and nothing long.” Such a character as this is as unmanly and unAmerican as it is unnecessary. To be led about at another’s will is the badge of indolence, the mark of a dormant and feeble mind. You are not responsible for the errors of others, though mobs or parties believe them, until you adopt them as your own. Neither are you to be credited with the truths of others, unless they commend themselves as truths to your own reason. But you ARE responsible for your acts, whether performed merely to please another, or because you consciously choose to act out your own convictions. This responsibility is to God, to your ovwn conscience, to your family, your friends, and to your country. Why should you betray all these by the cowardly surrender of your right of free opinion to those who would use you for their own purposes? Personal independence of thought and character is the most striking characteristic of the true Amer 1 Thess. v: 21. [LECTURE 2 282

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LECTURE 2] NEVER NEGLECT TO VOTE. ican citizen. Be sure you are right before you act: you will not then have to yield to others the credit due to your own good sense, nor be liable to the charge of vacillation or subserviency. NEVER NEGLECT TO VOTE. 7. As the law is designed for the punishment of evil men, while good men may live without being conscious of its existence, so knaves are continually trying to get possession of the government, which is apt to be neglected by those who neither fear its power, nor covet its offices.‘To such an extent has this evil grown in our country, that the phrase “the filthy pool of politics” has become a popular by-word, expressing the idea that to take an active part in political affairs is to throw aside respectability. No greater misfortune could have befallen our institutions than such a conviction in the public mind. What! Shall our lawmakers be chosen only from among the law-breakers? Shall the defense of our rights be entrusted to ignorance and vice? Shall criminals be sent to the Capital instead of the State Prison? Shall only sharpers and blacklegs select our candidates for office; thieves and bullies control the ballot box; corrupt partisans sell or pervert justice in the courts? Shall the jury be packed with perjurers; the Executive join hands with plunderers; and defaulters revel in the public spoils? 8. That such abuses of our system do occasionally show themselves, is due to the fact that the best citizens neglect to take part in political conventions, to attend the primaries, and vote at elections.

Let not this political CRIME be laid to your charge. See that you attend every meeting, convention and election where your voice or your vote may help to turn the scale in favor of good men and sound principles. Let not the com 283 IK

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DUTIES OF THE CITIZEN. binations of self-seeking politicians succeed’.

Expose their villainy and double dealing. Do your utmost to secure the nomination and election of trustworthy candidates for every office. Let it not be said that for want of your vote the worst ticket was triumphant, or the wrong resolution adopted. Liberty cannot be preserved merely by the written law. Constitutions are not self-executing. They are like ships: no matter how strong and well built, they are of no use without a competent crew. And as a drunken or unskillful ship’s company, though shipped for only the shortest voyage, will wreck the finest vessel; so will ambitious and corrupt public’officers make speedy destruction of the liberties of the nation. Never forget in all your public conduct that “Eternal Vigilance is the price of Liberty.” LECTURE III. THE OFFICE SHOULD SEEK

THE MAN, AND NOT THE MAN THE OFFICE. 1. In Lesson XIX, 3, you may recall this passage: ” We have the whole cornmmunity fromt which to select our office. holders; consequently, it must be the fault of the people themselves if any but the best men are selected for ofie.” Now, who are the best men to be trusted with office? Who but those who are naturally and socially prominent by reason of their talents, education, patriotism, public spirit, correct business principles, good habits, and experience in public and private affairs. You will find few men who comprise all these good qualities, but there are always enough of them to fill the offices in any town, city or State. When you find a man whom you can trust in your own 284 [LECTURE 3

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LECTIURE 3] OFFICE SHOULD SEEK THE M’A1. private business, THAT is the man who can be trusted with public interests. In the choice of Judges you will also, of course, select some one learned in the law. In selecting Legislators, the same principle should apply; for you might as well go to a carpenter to make you a pair of boots, as to expect anything but mischievous legislation from men totally ignorant of the work of lawmaking. And in filling all offices, nominating conventions should seek the best man for each public employment, asking concerning him only three questions: Is he honest? Is he capable? Is he the best man for the place?

2. But when you observe any individual manceuvering to carry a nomination or election in his own favor, especially by the use of money or promises, ALWAYS VOTE AGAINST HIM! Why does such a man seek office? Is it to make a living? No man who cannot earn a living out of office is fit to be trusted in it. Is it from love of power? The world is full of people who love power for its own . sake, but these are the very persons who cannot be trusted with the liberties of republicans. America wants servants, not masters, in her public places. Is it for the honor of an election? There is no honor in forcing one’s self into office. Such manner of obtaining it is always at the expense of the honor with which the officer might otherwise be regarded. The Senator who buys his seat commands no respect from the people. Is it from love of notoriety? The vain fellows who are the slaves to this failing never become celebrated. Their brains are too light for the work which alone earns enduring fame. 3. If none of these motives are attributable to the office-seeker, there can remain but one other, and this the 285

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-DUTIES OF THE CITIZE2.Y worst in the catalogue: His object must be to make money at the expense of the people-by the sale of his official services. Never vote for such a candidate under any possible circumstances! When you are willing to rely on the word of a perjurer, to trust a traitor, to employ a thief as your cashier, or a burglar as your private watchman, then it will be time enough to trust the public interests to the care of the corrupt office-seeker! 4. Whoever, therefore, nominates himself to an office of trust or profit, especially if he be apparently determined to succeed by fair means or foul, and is assisted by men of questionable reputation, should invariably be voted down by all highminded citizens. The motives of such a candidate must always be unworthy or corrupt. Honest, patriotic men never force themselves before the public. These wait until the public calls for them. The fathers of our country did not pack conventions, bribe delegations, or buy the press to secure their own elections. They waited till the office sought the man.

WheL we peruse the illustrious names in our early history, can we not recognize the kind of men the offices sought! Let it be the duty of your generation to prove the republic still superior to monarchy, by always seeking out and promoting such citizens as the nation may justly delight to honor. Remember that the offlces under our form of government were not created to gratify the ambition or rapacity of individuals. They were designed for the employment of the best talent obtainable for the service of the sovereign people. When the interests of office-holders become paramount to those of the public, then republicanism must be acknowledged a failure. [LECTURE 3 286

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JURY DUTY.-HOME. JURY DUTY. 5. You will occasionally be called on as a citizen to serve on the jury, and when summoned you will be very apt to find it inconvenient to attend. You will often begrudge the loss of time and absence from your business which this duty demands at your hands, and you will therefore get excused from it if you possibly can. But how will this disposition on your part affect the administration of justice? It is the good citizens, not bad ones, who are always busy. Suppose all the good men were to be released from the jury on such grounds, does it not follow either that the trial by jury must be abolished, or else that the idle, the dissolute, who may be the friends or even partners of indicted criminals, or of corrupt litigants, will find their way to the jury box, there to acquit the guilty, or sell their votes to the highest bidder? Yet what other result can follow the general reluctance on the part of the best citizens to serve their country as jurors? 6. Never shirk your duty when called to aid in administering the law, as a grand or trial juror.

Apart from the solemn duty you will thus render to your country, you will find the service more than comnpensated by the instruction you will derive from it. For it will make you familiar with the forms of justice, the rights of persons, and of property, with the civil and criminal law, and the law of evidence. - To study human nature in the court room is always interesting. And jury duty is excellent discipline for the mind, for it cultivates the reason and helps to form habits of discrimination between truth and falsehood, which elsewhere will serve you in good stead. HOME.

7. Home! the abode of the highest earthly bliss, the nursery of domestic virtue, the evr-flowinig fountain of LXCTURE 3] 287

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DUTIES OF THE CITIZEN.3 love, the beginning of our existence, the point of contact between successive generations, how sacred the associations which cling around it in every Anglo-Saxon breast! How do we all revere the self-denying father and toiling mother who brought us into being, tended our childhood, formed our earliest ideas; fed, clothed and sheltered us, during the dependent years of youth; advised us unselfishly, as only parents can, in our first essays to walk alone the slippery paths of life!

What love and companionship so soothing as that of a wife; what friendship so strong as that of brothers and sisters; what enjoyment so pure as that of father and mother caressed by their own affectionate children! Will you not perform your part in perpetuating the great American idea of Home? 8.

Or will you neglect your duty as a man and a citizen, by selfishly remaining single, preferring the mean, isolated gratification of avarice to the highest happiness vouchsafed to man? Or if you marry, can you expect to realize the ideal domestic life in crowded hotels and boarding houses-where fashion supplants nature; where the wife must substitute idleness, extravagance and folly for the industry and economy of her own domicile; where the husband must encounter the temptations of luxurious dissipation; and where children are not only denied their rights to liberty and health, but are merely a nuisance to the artificial society that deems itself afflicted by their presence? 9. Such was not the idea of those old puritans, Huguenots and Quakers, who, with their noble families of sturdy sons and thrifty daughters, laid the foundations of this great republic. Nor will the men and women of your generation hand down our institutions in their purity to posterity, unless they preserve from desecration the sacred idea of home. 288 [LEICTURF, 3

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LECTURE 4] BROTHERHOOD OF MAN. Live, therefore, in your own house. Protect the privacy of your family. Regard the comfort, beauty and attractiveness of your dwelling as objects worthy of your careful attention, for to these your children will look back in after life as upon the bright colors of the sunset cloud. Prove yourself a good husband and father. Exert your every energy in the education of your children. See that they thoroughly understand and love the system of American ideas. And rest assured that when old age creeps over your declining years, the remembrance of duty rightly performed to those who are to come after you, will add more to your peace of mind than every other gift this world has power to bestow.

NOTE.-” Lo, children are an heritage and gift that cometh of the Lord.

Like as the arrows in the hand of the giant, even so are the young children. Happy is the man that hath his quiver full of them; they shall not be ashamed when they speak with their enemies in the gate.”-Psalm cxxvii: 4-6. LECTURE IV. THE UNIVERSAL BROTHERIIOOD OF MAN. 1. “God, that made the world and all things therein, hath made of one blood all nations of men for to dwell on all the face of the earth.”* You have gathered from the lessons of this book that mankind have always been prone to wars and persecutions. Divided into many nations, races, and religions, each point of difference has been made the subject of bloody debate. Feuds between clans and faiths have been handed down from father to son; so that even yet the smouldering em * Acts xvii: 24, 26. 25 289

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DUTIES OF THE CITIZEN. bers of ancient wars are ever ready to kindle new conflagrations among the descendants of ancient foes. Thus the Mohammedan hates the Christian; the Russian detests the Turk; the Caucasian races despise the Indian, the negro, and the Mongolian. There is a rancorous feeling between the French and Germans; between the English and the Irish; between the Protestant and the Catholic; between the Greek and Latin churches; between the Jew and Gentile; and between various Protestant sects. What are all these hereditary spites but remnants of barbarism, or the outgrowth of depraved prejudice? Shall it be said that the Christian civilization of the United States does not rise above these foolish and wicked old-world notions? Can it be that all men are invited to enjoy the blessings of civil liberty in this “land of the free”; that to all men who profess attachment to our Constitution the ballot is entrusted, irrespective of birth or of faith; that the law protects all, educates all without distinctions of any kind; and yet no higher morality than that of Europe or Asia inspires our ideas? 2. You have studied the foregoing lessons to little use, if you cannot free your mind from all prejudices of class, faith, color, or nationality. How dare you discriminate, where God does not, or deny the rights which His laws, re-enacted in American institutions, have guaranteed alike to every human being? There may be among us those who have not enjoyed your advantages of free education-the slaves of tyranny, of ignorance, and vice. But where did you acquire the right to blame such people for the accidents of their birth and early training? Had you been so born and trained would you be any more advanced than they? Have they not by nature the same reason and understanding, the same passions and feelings, the same body and mind, that you have?

[LrCTURE. 4 290

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PROGRESS. How mknow you but in their hands, American advantages would have produced even higher results than in yours? How know you what American education will do for their children? 3. Commiserate, then, the failings and mnisforttnes of others. Relieve their sufeerinys. Enlighten their nminds. But despise not any man who equally with yourself was created in the image of God. PROGRESS. 4. Given a nation of many millions of freemen, each dependent on his own exertions for all his acquisitions; each trained to think, act, and work for himself, knowing that the law will secure to him alone the fruits of his labors, who can calculate the aggregate of the productions, the inventions, the knowledge of such a nation? The American discards the old notion of building an empire by the conquest of weaker peoples. But in the conquest of nature, what excitement in discovery, what happiness in enjoyment, what pleasure in accumulating knowledge and wealth, what growth towards a higher existence than that which is bounded by our perishing bodies! The works of the Creator, the laws of mind and matter, the study of humanity, the development of the earth’s riches, the extension of commerce, the annihilation of space-what fields do these open to the possession of all who choose to occupy them! Hence, the American is a firm believer in human progress. 5. To the savage a drop of water suggests no ideas beyond a wetting in the rain, or the slaking of thirst; yet let us see with what a world of thought progressive knowledge has invested it. We may treat it in connection with the law of gravitation, which not only causes the rain to fall, but the earth to keep its orbit, and all the planets to revolve around the sun. LECTURE 4] 291

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.DUTIES OF THE CITIZEN. We may think of it in relation to light, which the cloud drops refract into many colors forming(r the rainbow; or it suggests the lens, through which we bring down the stars to our level, or summon the smallest atoms of creation to our plane of observation. We may observe the forms it takes, such as the sphere, the circle, the ellipse, the parabola, and proceed thence to the study of the higher mathematics. We may view it through the microscope, and find it a little world in itself, filled with animals, occupying their place equally with the whales and the fishes in the order of animated nature. We may consider it with reference to the laws of attraction and repulsion, and of storms; we may treat of its thousand chemical relations; its mechanical properties; its offices in the wonderful mechanism of living bodies; its effects in watering the earth, so that it shall produce food for man and beast; its powers in driving mills and machinery; its uses in the form of steam; its terrors when frozen into the iceberg; its properties when congealed into snow; and its agency in navigation. 6. Now, all this knowledge connected with one little drop of water did not spring at once into existence. It came gradually. Step by step, slowly and cautiously, the mind progressed from one point to another, until it reached its present standing place. And the same course has been followed in all other branches of knowledge. In agriculture, manufactures, trade, communication; in law, government, morals, philosophy, mathematics, astronomy, chemistry, music, the mechanic arts, and in religion, men are far more advanced in 1872 than they were in 1850. They knew more in 1850 than in 1800; more then, than in 1700, and so on, back to the dark ages. But as our present stage of knowledge, if predicted five hundred years 292 [LECTURZ 4

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PROGRESS. ago, would have been ridiculed as impossible, or attributed to the agency of th devil, such may be our present ignorance as to the direction and extent of future attainments. Certainly, progress was never so rapid as in the nineteenth century, and it shows no signs of slacking its speed. After all that has been accomplished, may we not say with the aged discoverer, Sir Isaac Newton: “I feel like a little child playing among the pebbles on the sea shore, while the great ocean of knowledge lies unexplored beyond me.” 7. Listen not then to those who decry progress, and are continually pointing to the past as to the only source of truth. Had such false teachers been always able to deceive, but little knowledge, no science, no invention, would now have ameliorated the human condition. No free America would ever have existed; no political liberty would guarantee personal rights. Religions would still persecute, tyranny would yet enslave the masses of mankind. Said Lord Bacon, three hundred years ago, “Antiquity deserveth this reverence, that men should take a stand thereupon, and discover what is the best way, but when the discovery is well taken, then to make progression.” And Paul said, “This one thing I do: forgetting those things which are behind, and reaching forth unto those things which are before, I press toward the mark for the prize of the high calling of God.” * What would America be to-day, if she had not always breathed the atmosphere of progress? 8. In your own career, see to it that you exemplify this great American idea. You owe to your posterity not only all you have received from your ancestors, but also all that you may be able to add thereto. Every man is debtor to his own trade, profession or calling. Every man owes to his Creator an account of the use Phillipians iii: 13. 25 LECTURE 4] 293

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DUTIES OF THE CITIZEN. he makes of his natural talents. And he owes to his courntry the development of its natural wealth, and the improvement of political, social and moral influences, at least within his own immediate circle. If each citizen of your generation does his whole duty in this direction, the United States of fifty years hence will be far in advance of what they are to-day. But if each man sits down content with What the last generation has done for him, the timehonored mental inactivity of China will soon replace the energy of a free and therefore progressive people. LECTURE V. LOYALTY. 1. To what can Americans be loyal?. Can we attach ourselves to persons in power, as the English and Germans do to their Kings and Emperors? This is impossible, for where the persons of the rulers change so frequently as with us, such feeling towards any individual can amount to nothing more than temporary popularity. The patriotism of an American has no reference to Presidents or Governors. 2.

1)o we love the American nation? But ours is not a nation in the strict sense which is necessary in order to evoke this feeling. Among our people there are, and probably always will be, a large foreignborn population, who are commingled with the natives born and with each other, but not combined into one race. A New Englander cannot feel towards an Irishman, a Negro, or a German, as all Irish and Germans feel towards their compatriots. We lack the oneness of descent, of language, of faith, which binds the old nations together. [LECTURE 5 - 294

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LOYALTY. 3. Do we love the land of our birth? This love is naturally limited to the immediate surroundings of our early youth. The Vermonter may be attached to his own beautiful State for the sake of its scenery, and its associations with the home of his boyhood and his relatives; but he cannot feel the same regard for the distant everglades of Florida, the canebrakes of Louisiana, the great prairies of the West, or the forests of Puget Sound. Our country is too vast to claim attachment to the soil equally from all its citizens. And partial attachments of this nature led large numbers during the late civil war to limit their patriotism to their respective States, whereby their idea of loyalty was actually the cause of their rebellion. 3. There remains therefore but one definition of loyalty which commends itself equally to all Americans, whether of the North, the South the East or West. Loyalty in the Unite& States is simply intelligent attachment to the system of American ideas. These, and these only, cause us to differ from other nations and peoples. To these we owe our wonderful growth and national power. To these only are due the institutions which have done more for human happiness than any other under the sun. These alone loom up in the consciousness of every citizen high above all merely local interests, temporary issues, and party strifes. In these American nationality consists. What these ideas are, we have endeavored to explain.

You have tested them by the light of reason, traced their harmony with each other, learned to recognize them all as parts of one great whole, each necessary to all the rest, like the several stones in an arch, or parts of a machine. You hlave seen that their central thought is the ever.prominent “personal liberty of the individual “; that to preserve this liberty every one of our institutions is essential in its LECTURE 5]

295

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DUTIES OF THE CITIZEN. own place, and must be protected from enemies of American freedom. You have had a glimpse of the duty which will certainly be assigned you in the maintenance of these institutions. How much more important a part may be yours than that of a mere private citizen, only time and your own public spirited life can determine. But whatever be your future position, may you never lose sight of the dangers that will befall society if our ideas be badly administered, much more if they be changed.

In principle they cannot be changed, without retrogression from our present stage of civilization. In their details and applications, the work will be partly yours to realize some of the progress which should mark each generation of Americans. 4. Discard, therefore, from your mind all obsolete notions of loyalty, patriotism, and love of country. No matter where a man was born, nor what his station in his own fatherland; no matter what his faith, his language, or his education; he becomes a loyal American so soon as he understands and LOVES the American system of ideas, preferring them to any other. Without this knowledge, he is liable to vote away his liberties; without this attachment he may join the ranks of willful traitors. With both, he may join in the great chorus, and sing with Longfellow: “Thou, too, sail on, 0 ship of State! Sail on, 0 Union, strong and great! Humanity with all its fears, With all the hopes of future years Is hanging breathless on thy fate! We know what Master laid thy keel, What Workmen wrought thy ribs of steel, Who made each mast, and sail, and rope, What anvils rang, what hammers beat, In what a forge, and what a heat, 296 [LECTURE 5

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LECTURE 5] AMERICANIS POLITICAL CREED. Were shaped the anchors of thy hope! Fear not each sudden sound and shock, ‘T is of the wave, and not the rock; ‘T is but the flapping of the sail, And not a rent made by the gale!

In spite of rock, and tempest’s roar, In spite of false lights on the shore, Sail on, nor fear to breast the sea! Our hearts, our hopes, are all with theeOur hearts, our hopes, our prayers and tears, Our faith, triumphant o’er our fears, Are all with thee-are all with thee! TIIE

AMERICAN’S POLITICAL CREED. 1. I believe in liberty, equality and law: in the sovereignty of the People: and in Government by and for the People through representation, and according to written constitutions. 2. I believe that all men were created with certain inalienable rights, among which are life, liberty and the pursuit of happiness: and that Governments are instituted among men to secure these rights by means of institutions.

3. I believe in free and public opinion: in free speech, free press, free assembly, free communication and free association: in the division of powers and responsibilities among public officers: in the rights of petition and instruction: in universal religious liberty, and in free public education by the State. 4. I believe in universal suffrage: in the rule of the majority and the submission of the minority; ill peace and good will to all nations, but entangling alliances with none: in free naturalization, and in the universal brotherhood of man. 5. I do not believe in taxation without representation: in hereditary aristocracy: in legal monopoly: in standing 297

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DUTIES OF THE CITIZEN. armies in time of peace: in government by force: in orders of nobility: in aggressive war: in slavery: in the union of Church and State: in violence, tyranny or oppression: or in the Divine right of Kings. 6. I believe in treating every man as innocent until he be proved guilty: in the rights of accused persons: in a fair trial by jury: in moderate and reformatory punishments in proportion to the offense: in habeas corpus: in tempering justice with mercy: and in the sacred obligation of an oath. 7. I believe in personal independence: in the dignity of labor: in obedience to the laws: in religion as the basis of morality: in electing only the best men to office: in a happy home: and in progress. 8. And I believe that loyalty in the United States consists in the intelligent attachment to the system of American ideas, to whose maintenance in perpetuity I pledge my life, my fortune, and my sacred honor. [LECTURE’ 5 298

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x x aa

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I I

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INDEX. Abolition Society, sketch of……………………. Accused persons, rights of-First Lesson on………… Second Lesson on……….

Third Lesson on……….. entitled to protection by law……………….. dangers of…………………………… to be deemed innocent till proved guilty……… A; ~ ~ ~~…. ~s os constitutional provisions concerning…………. have right to be informed of accusation, and of counsel for defense…………………..

when poor, entitled to free counsel………….. cannot be compelled to criminate themselves….. have right to be confronted with witnesses……. have right of compulsory process to obtain wit nesses in their favor…………………. not to be twice put in jeopardy for same offense.. entitled to benefit of doubt……………….. Acquisitions of talent protected by law……………. Administrator, public……………………….. Agent, what is all…………………………… Alaska, purchase of………………………….. Allegiance, change of, a natural right………………. consequent on the right of free communication…

change of views of, owing to United States……. old European idea of……………………. Ambition, honest, only field for in United States…….. dishonest, the arch enemy of liberty……….. American political creed, page 297……………….. American Government, principal object of…………. ….e.*…….. esson. Section. 11 5 27

28 29 27 1 27 1 27 1 28 2 27 2 1 1 8 1 26 29 29 29 29 I 1 2 3 29 29 29 24

3 7 22 18 18 18 18 .7 7 8 7 8 5 5 2 7 9 10 9 9 14 14

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INDEX. Lesson. Section. 2 13 Americans, a lawabiding people…………………. American Ideas, not understood in SpanishAmerican Re publics……………………………….

Appeals…………………………………… 4s ………………………………… Appointments by the President………………….. Aristocracy-First Lesson on…………………… Second Lesson on……………………..

American idea of………………………. Ancestral, absurdity of………………….. British, a check on public opinion…………… Legal, forbidden in United States……………

Natural……………………………… American, not hereditary………………… therefore temporary…………………….. Arizona, purchase of………………………….. Arms, people’s right to bear……………………. Armies, standing, dangerous to liberty…………….. injury of to Europe………………………

Armories, Federal…….. Introduction-Chap. 2, Sec. 18 Army, not allowed to influence the Government……… a good servant but bad master…………….. regular in United States………………….

never votes as a body in United States……….. 16 5 29 5 23 24 24 24 8

23 24 24 24 22 21 20 20 21 21 21 21 21 21 8 9 3 11 11 8

Arsenals…………………………………… Assembly, free, defined……………………….. right of denied under European governments….. Assessor, County, duties of………………………..

Association, free, Lesson on……………………….

defined……………………………… 10 10 ……………… -

-………. why it strengthens American Government, though injurious to kingcraft………………… extent of in United States………………… Associations, objects of classified………………… effect of in promo,ing liberty, knowledge and progress………………………….. effect of on public opinion………………… instances of effect on public opinion………… Attainder and corruption of blood……………….

forbidden by Federal Constit ution…………… 302 8 15 5 11 5 2 9 2 5

6 6 7 4 3 8 4 2 3 4 4 4 ‘10 6 5 11 11 11 9 3 11 11 11 32 32 14 4 5 9

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Lesson. Section. Attorney General………………………………. 5

11 Authority of the several American Governments, order of 6 6 of the past, doctrines of submission to………. 8 9 Bail, defined……………………………….. 28 7 not to be excessive…………………….. 28 7 threefold objects o f……………………. 28 7 when refused and why…………………… 28 7 Ballot, Lesson on………………………….. 17 definition o f…………………………… 17 4 advantages of voting b y…………………. 17 6 secrecy of essential to liberty………………. 17 6 ballot-box stuffing……………………….. 18 6 dangers of interfering with……………….. 18 6 Bankruptcy and homestead exemption, Lesson on……. 35 shall not prevent earning a living……………. 85 1 Roman ideas concerning………………….. 35 1

European…………………………….. 35 1 superior humanity of American idea of…………. 35 2 Bankrupt laws, why not unjust to creditors…………. 35 8 Benevolent associations……………………….. 11 3 Bible, quotations from to prove liberty……………. 1 8 I” ” ” equality……………. 1 11

“Blue blood” 24 2 “Blue blood………………………………..24 2

Books, printed under government censorship in Europe… 9 3 Brotherhood of man, universal……… Lecture 4, Sec. 1 Burns, Robert, quotation f r o m………………….. 23 4 Cabinet, Federal…………………………….. 5 11 Caesar, Julius, the destroyer of Roman liberty…………20 6 California, purchase of………………………… 22 7 Camp life, unsuited to freemen…………………… 20 6 “s ” as”2…………………… 20

9 Candidates for office, nominating themselves not to be supported………………. Lecture 3, Sec. 2 Capital crime, no person to be held for except upon indict ment by grand jury……………………… 28 8

Carbonari…………………………………. 11 9 Changing the Constitution………………………4 2 Checks and balances in the Government, Lesson on… 5 …oooI’ 5 INDEX. 303

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INDEX. Lesson. Section. 5 12 -5!6 4 8 9 2 9 a 7 3 1 8 1 11 1 12 13 8

Checks in State governments……………………

detailed………………………………. between each State and United States……….. Christ, sayings of……………………………. ……………………………..

……………………………… * -. -…,..,,………………….

…………………………….. Christianity, how suggesting liberty and equality…….. principles of, incorporated in American institutions Church and State……..Introduction-Chap. 2, Sec. 16 evils of uniting………………………… disconnected in United States……………… Citizen, American, duties of-Lectures on, page.

273… Citizen, the national character rests on that of individuals ………………………. Lecture 1, Sec. 1 Citizenship, regulated by State, not Federal laws.. Civilization, slow growth of. Introduction, Chap. 1, Sec. 2 ………… Introduction-Chap. 2, Sec. 21 Classification of American ideas, page 273. Colonizing voters…………………………… Communication free, Lesson on………………….. definition of……………………………

progress of, means of in United States………. result of……………………………… …………………….o…..

Complaint, sworn, the preliminary to a warrant……… Confederacy excluded from American system………..

defined………………………………. Congress, the legislative branch of Federal Government.. powers
of…………………………….. Conscience, freedom of, Lesson on……………….. Constitution, what it provides……………………… Constitutional government, Lesson on……………. Constitution, how’changed………………………

how formed…………………………… Federal, nature and purpose of……………. State, description of…………………….

Constitutional convention………………………. Constitution, defined and explained………………. necessary to protect minority……………… 18 10 8 10 10 10 28 4, 4 5 4 13 4 4 4 4 4 4 4 2

16 304 13 13 2 18 bs 6 10 3 3 8 -3 10 5 5 I 3 2 i 5 1 9 6

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305 Lesson. section. 36 1 5 5 11 8 11 4 82 9 8 5 8 5 4 10 Copyright laws……………………………..

Coronep……………………………………. Corporations, a form of association……………….. office of in the United States………………. Corruption of blood, forbidden in United States……… County government……………………………

officers………………………………. Counties have nothing to do with each other……….. Creed, American political, page 297……………… Crime, definition of…….. Introduction-Chap. 1, Sec. 4 and sin, distinction between……………….. Crimes to be strictly defined by law………………. elements of…………………………… involved in breach of trust by public officer…… to be tried in district where committed………. Criminal and Civil law, distinction between…………. law, how enacted in the United States……….. practice, European, Lesson on……………….

Crusades……………. Introduction-Chap. 2, Sec. 17 Customs and manners, origin of…………………. ………………

Introduction-Chap. 1, Sec. 8 Debt, imprisonment for……………………….. Declaration of Independence, quoted………………. …………….. Introduction-Chap. 2, Sec. 20

~s ~ 44…………..,,…,.. o Defensive war, all that the United States propose to un dertake……………………………… Democracy, defined……Introduction-Chap. 1, Sec. 12 Departments of Government, separation of……….. Diagram illustrating “Divine Right of Kings”……… American theory of government……………. Dignity of labor………………… Lecture 1, Sec. 4 Distribution of powers among districts and officers…… District

Attorney…………………………….. Divine Eight………..

Introduction-Chap. 2, Sec. 14 yet taught in Europe- ” Chap. 2, Sec. 19
teachings of…………………………… I;ivision of territory for purposes of Government…….. 26* 1 5 INDEX. 26 2a 27 7 28 26 26 80 4 8 8

16 4 1 2 84 4 21 5 8 8 8 16 1 2 1 12 16 ~ 5 8 9 4 10

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306 Lesson. Section. 29 8 Doubt, benefit to be given to accused……………… Duties of American citizen, Lectures on, page 273…… Education by the State, Lesson on……………….. and crime, relations of…………………… American idea of………………………. different ideas of……………………….. economy of public…………………….. humanity of public……………………… necessary for perpetuation of American ideas….. why not left to the clergy………………….. Education, why not left to parents……………….. Elections, how conducted………………………. presidential, table of votes cast at………….. Entail, English laws of……………………….. not allowed in United States………………. evils of……………………………….. Equality, Lesson on………………………….. (…………………………….

commanded by the Bible…………………. Equal rights………………………………… Eternal vigilance is the price of Liberty…..Lecture 2, 8 Ex post facto laws, Lesson on…………………… defined………………………………

Execution, property exempt from………………… Executive, a check upon the Legislature…………… checked by the Legislature……………… check on Judiciary……………………… cannot declare war……………….

I……. cannot injure a citizen…………………… duties and powers of……………………… of a State is its Governor…………………. power of in appointing subordinate officers……. limited right of petition to………………… Express business…………………………….. protected by Government…………………. European criminal practice, Lesson on……………. Family, a natural institution……………………..

their claim for support precedent to those of cred itors…………………………….. INDEX. 14 14 16 15 14 14 14 16 15

17 18 86 36 36 1 1 1 1 7 6 8 8 8 5 2 5 5 note 4 5 6 9 9 10 30 31 86 35 5 5

5 5 5 5 12 10 10 80 I 8 4 7 7 10 8 8 8 9 .10 6 4 7 9 85 4

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Lesson. Section. Family pride, absurdity of……………………… 24

4 Federal Government, its purpose and nature…………… 4 5 how prevented from interfering with States………. 4 9 Felony, defined……………………………… 27 8 Fenian society………………………………. 11 7 Feudal system………..Introduction-Chap. 2, Sec. 14 Florida, purchase of………………………….. 22.1 Foreign policy of United States, Lesson on………….. 22 more just than that of any other nation………… 22 3 societies in the United States……………….

11 8 territory, purchases of……………………. 22 6 Foreigners, naturalization of, Lesson on……………. 18 7 rights of to naturalization………………… 18 7 why admitted to citizenship……………….. 18 7 Fountain of honor, the King the………………… …………….. Introduction-Chap. 2, Sec. 14

Free, we are by nature………………………… 1 6
revelation…………………………. 1 8 communication, Lesson on………………… 10 defined…………………………….. 10 1
education by the State, Lesson on…………….14 how do we know we have the right to be………… 1 6 speech, free press, free assembly, Lesson on…… 9 why they must be free………………….. 9 2 not allowed in monarchies…………….. *9 3
defined…………………………….. 8 10 association defined………………………… 8 10 opinion, and public opinion, Lesson on………… 8 Freedom, what kind American institutions secure……….. 1 5 of conscience, Lesson on…………………… 1

Golden Rule, embodied in American idea of Liberty….. 1 applied by United States to international conduct.. 22 its observance sufficient to prevent crime…….. ……………………….. Lecture 2, Sec. 2 Government by and for the people, Lesson on………….. 3 (I 11 11 It ~~~……….I by the people, defined……………………… 4 for the people, defined……………………… 4 duty of to promote religion…………………. 13 1 10 10 8 INfDEX. ‘307 8 11

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INDEX. Lesson. Section. 16 4 7 7 1 7 10 7 11 8 1 Government of the majority, Lesson on…………… General, the powers of defined…………….. * in the United States merely a machine……….. officers, why they are not all elected…………..

are they all paid……………………. object of in America…………………….. origin of………. Introduction-Chap.

1, Sec. 4 what constitutes…Introduction-Chap. 1, Sec. 4 summary of its principles……………….. Governor, is executive of a State, his powers……….. Grand Jury………………………………… why it sits in secret…………………….. why necessary to individual liberty………….. Habeas Corpus, Lesson on………………………

defined………………………………. when it may be denied…………………… suspended………………………….

Happiness, individual, dependent on Government…….. ………………

Introduction-Chap. 1, Sec. 5 Heralds aid heraldry…………………………. History of United States, the study of necessary to appre ciate American ideas…………………..

proves the truth of American ideas…………. Home, duty of perpetuating American idea of………. …………………………. Lecture 3, 7

Homestead exemption and bankruptcy, Lesson on……. Honorary offices…………………………….. Hypocrites cannot be freemen…………………… Ideas, classification of American, page 33………….. political, defined, page 35……………….. legal, defined, page 209…………………. Idleness, inconsistent with character of good American citizen………………….. Lecture 1, Sec.

6 Immigrants, equal political privileges offered to……… Immigration, encouraged by United States…………. to United States changed old ideas of allegiance.. Impeachment, Lesson on……………………….

defined………………………………. is it purely an American idea………………. S08 4 5 28 28 28 31 81 31 31 10 9 8 9 10 1 5 6 24

2 22 8 9 9 35 8 11 8 18 18 18 88 88 38 8 8 9 1 9

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-809 Lesson. Section. :33.-2 33 6 33 6 33 -4 -33 7 33 3 ‘33 2 34 4 -22 9 1

9 Impeachment, members of Legislature not liable to….. offenses subjecting officers to………………. punishment after……………………….. rights of persons under…………………. why of very limited application……………. where the power of resides………………..

who liable to………………………….. Imprisonment for debt……………………….. Indians, treaties with…………………………. Inoquality exists by nature, how…………………. Industry, advantages of……………. Lecture 1, Sec. 6 Independence, personal……………Lecture 2, Sec. 5

Declaration of….. Introduction-Chap. 2, Sec. 20 Intelligence, universal, requires free speech, free press and free assembly………………………….. International society………………………….. Interior, Secretary of…………………………. Institutions, American Government a system of……… all rest on public opinion………….. European, object of to benefit the few……….. ……………..

Introduction-Chap. 2, Sec. 19 Insurrection, how suppressed…………………….. Invasion, how repelled………………………….. Jesus Christ, his sayings quoted………………….. -………………………

………………… ………………… ………..o…….. Jealousy of public officers………………………. Judge, County, duties of………………………… Judicial oaths………………………………. Judiciary, check upon Legislative branch………….. duties and powers of…………………….. department of Government………………..

power of construing laws…………………. declaring laws unconstitution al………… no right of petition or instruction to………… Jury duty, importance of performing.. Lecture 3, Sec. 5

Grand………………………………. 3 8 2 5 11 5 4 14 18 3 14 14 ‘7

.:INDEX. 9 11 5 8 2 9 11 6 10 21 4 21 4 7 1 9 ‘9 1 5 3 27 1 5 5 5 5 12 28

8

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INDEX. Lesson. Section. 29 4 30 5 5 2 20’ 4 5 2 Jury, trial by………………………………… when introduced in continental Europe…….. Kings, controversies with as to their powers…………

largely responsible for European wars……….. no check to their power………………….. owners of all lands under Feudal system…….. …………….. Introduction-Chap. 2, Sec. 15 powers of under… Introduction-Chap. 2, Sec. 14 tyranny of………

Introduction-Chap. 1, Sec. 8 Labor, dignity of…………………Lecture 1, Sec. 4 duty of American citizen to….Lecture 1, Sec. 10 is lionor;able…………….. Lecture 1, Sec. 5 triumphs of American………. Lecture 1, Sec. 8 Law, Lesson on……………………………… abiding people, the Americans are a…………. definition of…………………………… departments of American………………… distinction between civil and criminal…………. criminal, how enacted in United States………..

every person presumed to know the……………. ~~~” ” ” ” ~Lecture 2, Sec. 2 origin of………. Introduction-Chap. 1, Sec. 3 objects of……….Introduction-Chap. 1, Sec. 4 “

American……………………… necessary to protect the people from oppression by the Government. Introduction, Chap. 2, Sec. 8 protects life, liberty and property…………… source of its power……………………… what it embraces in United States, page 209….. Laws, why they operate alike upon all in United States… League or covenant, defined……………………… Legal ideas, defined, page 209…………………… Legislation, both houses must concur in…………… Legislature, instruction of……………………..

Legislative department…………………………. how organized……………………… Libel, how punished………………………….. Liberty, natural……………………………… French idea of………………………… 310 2 13 4 2 26 26 31 40 36 14 1 2 9 2 6

28 1 2 5 2 q 4 5 7 4 3 5 7 3 3 5 12. 5 5 9 1 1

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311 Lesson. Section. 8 1 .1 5 23 5 1 8 22 1 27 4 4 7 Liberty, political, defined………………………. ……………………….. a new thing in history………………… commanded in the Bible……………… national, recognized by United States…………

Limitation of criminal actions…………………… of Federal authority in Constitution…………. Living, every one must earn his.

Lecture 1, Sec. 5 Lords, anointed……….Introduction-Chap. 2, Sec. 14

Louisiana, purchase of………………………… Loyalty, what constitutes in United States………….. ……………………….

Lecture 5, Sec. 1 definition of in United States…. Lecture 5, Sec. 3

Man, created a social being. Introduction, Chap. 1, Sec. 3 Mails, sacred to the public use……………………. not free from governmental interference in Europe. Majority, government of the, Lessons on…………… reason for…………………………. power of, how far liable to abuse…………… Marriage, opposites attract in……………………. Middle ages, state of religion in…………………. …………….. Introduction-Chap. 2, Sec. 16

“Might makes right “…………………………… Military despotism, the earliest form of government…… …………… Introduction-Chap.

1, Sec. 6 how formed…. Introduction-Chap. 1, Sec. 6 Academy at West Point………………….. system of United States………………….. subject to civil power-First Lesson on………. “, ” ” Second Lesson on………. Constitutional provisions quoted……………. Militia, State……………………………….

Minority must submit, to what extent……………….. rights of protected by Constitution………….. …. -…….. Misdemeanors, defined………………………… “Mob government,” European nickname for republics… Monarchy, hereditary origin of…………………..

……………… Introduction-Chap. 1, Sec. 7 21 21 20 21 20 21 16 16 16

27 8 INDEX. 22 7 10 10 16 16 16 24 4 5 2 9 4 22 2 4 4 1 4 6 6 7 3 9

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INDEX. Lesson. section. Monarchy, constitutional or limited…………….. ……………… Introduction-Chap. 1, Sec. 9

Monopolies and perpetuities, Lesson on………………. 36

English……………………………….. 36

American…………………………….. 36 Teminporary commercial, the law cannot prevent… 36Monopoly
defined……………………………… 36 Moral reform associations……………………… 11 Motives, good and evil……………………………. 1 Natural rights………..

Introduction-Chap. 1, Sec. 1 Nature’s
noblemen…………………………….. 23 Naturalization of foreigners, Lesson on………………. 18 ” ” “1……………. 18
regulated by Congress……………………. 18 why necessary under American Goverinment……… 18 if refused would create disaffection……………. 18 Napoleons, First and Third, both abuse the powers en trusted to them……………………………5 Navy, Secretary of…………………………… 5…. Neglecting to vote, evils of…………Lecture 2, Sec. 8 New trials………………………………… 29 Newspapers, published under government censorship in Europe………………………………

9 office and influence of in United States………….. 9 Nobility in England, privileges of…………………… 23 absurdity of orders of…………………… 24 orders of forbidden in United States…………… 23 Oaths,
judicial………………………………. 27 Obey the laws………………….Lecture 2, Sec. 1 Object of American form of Government……………. 8 Office-holder, faithless, crimes………………………. 7 faithless, a detestable character……………….. 7 Officers, public, accountable only to their own constituents 4 elected by voters of their own districts only…… 4 powers of clearly fixed by law………………. 4 of army, receive orders from civil government…. 21 Office should seek the man………… lecture 3, Sec. 1 the best men should always be chosen to……… ……………………….. Lecture 3, Sec. 1 312 2 7 1 3 2

2 7 4 5 10 11 2 11 5 3 4 9 4 1 16 16 10 10 10 3

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313 lesson. Section. 7 14 7 14 7 12 Officers, public, must serve the people, not themselves… must retire on close of official term…………. Offices, why all terms of are short………………..

Oligarchy…………… Introduction-Chap. 1, Sec. 10 Opinion, free anid public, Lesson on………………. free, the right of all Amnericans…………….. public, in England, checke(l by the aristocracy…. not recognized by teachers of “Divine right” Opinions of your owni, cultivate…….. Lecture 2, Sec. 6 Oppression, prevented by short terms of office………. Order is heaven’s first law……………………… civil in United States……………………. Orange society………………………………. Parliaments, contests with royal power……………. ii”~ ” ” ” Lesson on…….. Parties, political, are they all American idea………… a part of our system of checks and balances….. benefits of……………………………..

danger of when corrupt………………….. duties of citizen in relation to…………………. relieve the popular love of excitement……….. safest division between……………………

checks necessary upon…………………. Parties, political……………………………. Party spirit, diangers of………………………… Washington’s opinion of………………….. Passport system described……………………… Patent laws……………………………….. People, American, the descendants of slaves…………. English, how the lower classes were freed…….. European, the lower classes degiraled……….. Petition and instruction, right of, Lesson on………… to the Legislttive powers…………………. limited right of to the Executive………….. no right of petition to Judiciary……………….. People, the fountaini of power………………………. are
sovereign………………………….. Persecuttions, religious….

Introduction-Chap. 2, Sec. 17 Personal rights, enumeration of………………….. independence………………Lecture 2, Sec. 5

27 IND EX. 8 8 8 8 4 9 9 7 6 6 11 5 25 25 25 25 25 25 25 25 25 11 25 25 10

36 23 23 23 12 12 12 12 3 4 13 8 8 8 2 2 3 3 7 7 4 7 7 3 6 6 1 5 6 8 4 6 7

2 10 2 16

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IND EAX. Lesson. Section. Politics defined, page 34………………………. Political ideas defined, page 33………………….. ” ” ” page 34………………….. Political liberty, defined………………………..

………………………….. creed, American, page 297……………….. parties, Lesson on……………………….

Populace, position of under feudal system……… …………….

Introduction-Chap. 2, Sec. 15 Population, always a want in United States…………. Postmaster General…………………………….

Power loves its own increase…………………….

…………………… the only way to check abuse of……………..

no unchecked given to any officer in United States of Attorney…………………………… Powers of Government separated……………….. ………………. Precedence of the several governments, Lesson on…… President, powers and duties of the……………… Press, free, Lesson on…………………………. definition of…………………………… abuse of…………………………

9 how punished………………………. Priests, power of in middle ages………………… …………….. Introduction-Chap. 2, Sec. 16

Primogeniture and entail, English laws of………….. not allowed in United States………………. evils of………………………………. Principles of Government, summary of……………. Private property taken for public use, Lesson on…….. taxes…………………………….. for public improvements………………. Progress, an American idea…………

Lecture 4, Sec. 1 American, partly due to immigration……….. Property, rights of, Lesson on…………………… constitutional provisions concerning…………. exempt from execution…………………… not protected at expense of life…………….. nor at expense of liberty except as against crim - inals…………………………….. 8 11 8 1

3 16 7 3 16 314 1 5 8 1 25 18 5 2 5 5 5 7 5 5 -6 5 9 8 9 9 8 10 7 8 36 36

36 4 37 37 37 4 0 5 10 1 2 18 34 34 35 34 8 3 4 4 34 4

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315 Lesson. Section. 34 4 34 2 34 3 34 1 28 1 3 5 20 3 5 16 7 11 8 8 7 8

10 8 10 10 8 32 10 Property, how protected in England……………..

protected by criminal law………………… civil law…………………………. subordinate to life and liberty………………… Protection of life, liberty and property by law………… Public administrator………………………….. mind must rule the public body……………. officers always responsible, always watched….. offices, honorary………………………..

opinion, Lesson on……………………… definition of………………………. requires free speech, press, assembly, etc….. the basis of all American institutions……. effect of free communication upon……….. averse to punishment of treason…………… perpetuation of in favor of American institu tions………………………….. Public and private wrongs, distinction between……… servants, to whom accountable…………….. Publications, privileged……………………….

Punishments……………………………….. object of……………………………… to be proportioned to offense……………… cruel and unusual prohibited……………….

Purchase of foreign territory……………………. Louisiana, Florida, etc…………………… Recorder,

County…………………………….

Reformnation………….Introduction-Chap. 2, Sec. 19 Religion, no establishment of by law……………… …….o,o…..o.o.. promoted by universal toleration……………… respect for………………

Lecture 2, Sec. 3 Washington’s Farewell Address on…………..

………………………. Lecture 2, Sec. 3 Religious associations………………………….

tests……………………………….. Removal of unfaithful public officers………………

“Repeating”…………………………………. Representation, Lesson on……………………… coextensive with American system………….. 13 13 13 IND-EX. 14 26 7 9 26 26 27 29 22 22 3 3 1 7

10 5 6 3 6 6 7 2 8 11 13 33 18 7 7 8 1 8 9

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INDEX. Lesson. Section. 7 8 7 9 7 9 19 4 19 9 18 5 5 6 12 8 7 2 7 5 7 6 5

6 17 1 Representation of representation explained………… of families, by their male head…………….. of women by men………………………. relations of to taxation…………………… without taxation, is there in the United States…. curtailed by State disfranchisement of citizens….

Representatives, apportionment of……………….. bound by instructions………………………. definition of…………………………… in United States………………………… are they the masters or servants of the people… Representatives, House of………………………

Republic, advantages of over monarchy…………… Republicanism, origin of…Introduction-Chap. 1, Sec. 13 Responsibility of public servants, direct and indirect….. Responsible, each person is for his own acts………… ……………………….. Lecture 2, Sec. 6 Restraint of trade, laws against………………….. Reveinge, not an element in American punishments…… Revolution, American….. Initroduction-Chap.

2, Sec. 20 Revolutions, European, not in interest of people…….

…………….. Introduction-Chap. 2, Sec. 18 “Rich richer, and poor poorer……………………..3 Rights, natural, limited by society………………… ……………… Introduction-Chap. 1, Sec.

2 as opposed to wrongs…………………….

equal………………………………. enumeration of as secured by American system… of accused persons-First Lesson on………… ” ” “

Second Lesson on………. ~” ” ” Third Lesson on……….. Riots, how suppressed………………………… Roland, Madame…………………………… Roman Empire, decay of……………………… Rotation in office……………………………..

…………………………….. 1 1 2 27 28 29 21 1 20 7 25 Schools, public……………………………….

districts……………………………… have no concern with each other……………. 316 7 7 35 1 26 6 36 6 7 10 15, 4 3 7 12 5 14 3 4 9

3 10

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317 Lesson. Section. 1 8 1 11 14 10 15 1 15 2 5 5 Scripture, quotations from to prove liberty…………. 1” ” ” ” equality……………

Sectarian doctrines not taught in public schools……

Senate…………………………………….. Senators not so strongly bound by instructions as Repre sentatives………………………… Servants, public…………………………….

Sheriff………………………………………… Sin and crime, distinction between……………….. the State does not meddle with…………….. Slander, how punished…………………………

Slavery, of lowver classes in Europe……………… Societies, classification of………………………. secret in Europe……………………….. Society, how formed…….

Introductionr-Chap. 1, Sec. 3 has a right to prevent what acts………………… Soldier, life of a, unsuited to personal independence…. Soldiers, how they vote………………………..

Sovereignty in the people………………………. definition of………………………………. ……………………….

definition of…………………………… when it resides in the Government………….. Speech, free, defined………………………….. ” ” abuse of…………………………. ” “
privileged………………………… Standing armies of Europe, iiumbers of……………. ” ” State forbidden to keep……………

State, form of government of…………………… a complete republic……………………. States, hleave no power to declare war……………… and the Union…………………………. how prevented from interfering with the Union…. have no concern with each other…………… not sovereign…………………………..

subordinate to the Union…………………. State, Secretary of……………………………. 4 6 9 3 10 1 4 -1 10 7 9 note 4 6 6 4

1 8 10 10 5 11 INDEX. 12 7 3 26 26 9 28 11 11 8 14 5 4 4 7 5 3 9 1 20 20

21. 4 7 12 7 7 8 9 9 20 21 3 3 21 4 4 4 4 6 5

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INDEX. Lesson. Section. 5 12 6 3 4 10 18 18 1 18 3 18 2 4 10 3 6 State officers……………………………….. each forms one commonwealth……………. Subdivision of country, as a means of government…… Suffrage, universal, Lesson on……………………

defined……………………………. why no property qualification for……….. who are 4e’iied, and why…………….. Summary of principles of government……………….. Surveyor, County……………………………. Taxation, no without representation, Lesson on……… ” ” ” origin of………. necessitv of……………………………. direct and representation to be proportioned…… Taxes, why cheerfully paid in United States………….. different sets of…………………………. how the people tax themselves…………….. levied by Legislative power……………….. how levied under monarchy………………..

Telegraph, protected but not controlled by Government… Territory, foreign, purchases of………………….. Test, religious……………………………….. Texas, purchase of……………………………. Theocracy…………..

Introduction-Chap. 1, Sec. 11 Thought, free, essential to liberty………………… why it must be free……………………… free, the right of all Americans…………….. Toleration, promotes religion……………………. Town government…………………………….. Towns have nothing to do with each other…………. and counties subordinate to the State………… ………… their powers limited, why…………………. Trade
unions…………………………………. Travelers in Europe regarded with suspicion…………… ” United States free………………….. Treason, under feudal system…………………… ………….. Introduction-Chap. 2, Sec.

15 and its punishment in United States, Lesson on…

defined………………………………. 3 2 3 4 8 4 10 2 4 2 3 1 2

318’ 19 19 19 19 19 19 19 19 19 10 22 13 22 12 1 4 8 6 7 5 13 4 6 .1 7 8 8

8 13 3 4 6 6 6 11 10 10 32 32 1

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Lesson. Section. Treason, American view of……………………….so 32 5 Constitutional provisions concerning………… 32 6 English punishment o f…………………… 32 4 offenses deemed treasonable in Europe……….. 32 3 European idea and treatment o f…………….. 32

3 public opinion in United States averse to punishing 32 10 Treasury, Secretary o f…………………………. 5 11 Treaties avoiding war by United States…………… 22 8 Trial by jury……………………………….. 29 4 conditions o f…………………………… 28 4 new and appeals………………………… 29 5 Tyrannies, the old, ignored in United States……….. 8 1 Tyranny avoids publicity……………………….. 9 2 Union, Federal, nature and object o f………………. 4 United States, all one count,ry…………………… 4 not sovereign……………………… 4 Constitution, laws and treaties are the supreme law of the land………………….. 6 Universal suffrage, (see suffrage) Lessoni o n…………. 18 brotherhood of man…………Lecture 4, Sec. 1

Universities…………………………………. 14 Veto power, how exercised……………………… 5…. Vices, personal, lead to national decay.. Lecture 1, Sec. 1 Volunteer military system in United States……………. 21 Volunteers, enlisted only for three years……………… 21 Vote, never neglect to…………….. Lecture 2, Sec. 7 who disqualified to, and why…………………. 18 who entitled to……………………………. 18 why women have no……………………….19 * why property has no, in United States………….. 19 Voters, ” colonizing”

of…………………………. 18 Voting, by ballot, advantages of………………… 17 in political conventions………………. 17

“early and often”………………………… 18 in Legislative bodies vivat voce, why…………….. 17 how conducted at popular elections…………….. 17 in public meetings………………….. 17

” Vox populi vox Dei,” meaning of………………. 8 INDEX. 319 5 10 10

5 10 7 4 4 2 4 11 10 6 6 8 6 7 5 8 8

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INDEX. War, Secretary’of…………………………….. 5 an evil……………………………….. 20 Wars, monarchy largely responsible for………………. 20 aggressive, of constant occurrence in Europe….. 22 common in colonial days of America……….. 22
defensive, all that United States contemplates….. 21 always just………………………… 21 Warrants, when to be issued………………………28 Washington’s Farewell Address on foreign policy………..22 on party spirit………..25 on respect for religion… ……. Lecture 2, Sec. 3 Wisdom, more of in republican than in royal legislation.. 5 Women, why not allowed to vote………………………….. 7 ““1…………………. 19 320

Section. 11 3 4 3 1 5 5 5 3 10 6 7 7 11

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