Andrew W. Young

“ Again, a free government is better adapted than any other to promote the welfare of a nation. But if the people are not properly educated, they are incapable of self-government. And as many persons are unable to pay for the tuition of their children, the safety of the government itself requires the establishment of a system of education, by which the great body of the people may be fitted to discharge their social and political duties. ”

“ The plan of government in this country is peculiar. To a person previously unacquainted with our political institutions, it might seem strange, after having read the foregoing description of the state governments, to be told that there is still another and a different government to which the people are subject. How the people of more than thirty states, all having complete and distinct governments, can at the same time be subject to another government, also complete in all its parts, he would not immediately understand. He would not know what is meant by the government of the United States. ”

“ War ought never to be undertaken without the most cogent reasons. In the first place, there must be a right to make war, and just grounds for making it. Nations have no right to employ force any further than is necessary for their own defense, and for the maintenance of their rights. Secondly, it should be made from proper motives, the good of the state, and the safety and common advantage of the citizens. Hence, there may be, according to the law of nations, just cause of war, when it would be inexpedient to involve the nation in such a calamity. ”

“ Under the reign of a wise and virtuous ruler, the rights of person and property may be fully enjoyed, and the people may be in a good degree prosperous. But the requisite virtue and wisdom have seldom been found in any one man or a few men. And experience has proved that the objects of civil government may be best secured by a written constitution founded upon the will or consent of the people. ”

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

“ The rule which makes foreigners amenable to the laws of the state in which they remove, does not apply to embassadors. They are not responsible to the laws of the country to which they are sent, even when guilty of crime. When their conduct is dangerous to the government and its citizens, all that can be done is, either to deprive them of liberty by confinement, or to send them home and demand their punishment. As every nation has a right to treat and communicate with all others, it ought not to be deprived of the services of its representative. ”

“ It requires each nation to respect the rights of all others, and to do for them what their necessities demand, and what it is capable of doing, consistently with the duties it owes to itself. And the general good of mankind is as really promoted by the application of this law to the affairs of nations, as by its application to the affairs of individuals. ”

“ There are persons who, believing all wars to be wrong, can not conscientiously do military service. As it is the object of our government to secure to every person the liberty of conscience as well as other rights, the constitutions of many of the states provide, that those who are averse to bearing arms, may be excused by paying annually a sum of money instead of rendering the service. ”

“ The freemen of a state could not all meet in a single assembly.
§9. The government of this country, though a government of the people, is not one of the kind just described; it is a republic. A republic is a government in which the power to enact and execute the laws is exercised by representatives, who are persons elected by the people to act for them. Yet, as not only the election of representatives, but the adoption of the constitution or form of government itself is the act of the people; and as, therefore, all power comes from the people, the government is also democratic ”

“ An absolute monarchy is sometimes called despotism. The word despot is from the Greek, and means master, or lord. It has nearly the same meaning as tyrant, which also is from the Greek, and signifies king. These words at first meant simply a single ruler. They are now applied, for the most part, to rulers who exercise authority over their subjects with severity. In an absolute despotism, the monarch has entire control over his subjects. They have no law but the will of the ruler, who has at command a large force of armed men to keep his people in subjection. ”

“ The law of nations consists of those rules by which intercourse between nations is regulated. In its present improved state, the law of nations has not long existed. Ancient nations were little governed by the principles of natural justice. Little respect was paid by one nation to the persons and property of the citizens of another. Robbery on land and sea was not only tolerated, but esteemed honorable; and prisoners of war were either put to death, or reduced to slavery. By this rule of national law, commerce was destroyed, and perpetual enmity kept up between nations. ”

“ To preserve and transmit the blessings of constitutional liberty, we need a healthful patriotism. But a genuine love of country is hardly to be expected where there is not a proper appreciation of our political institutions, which give it its preeminence among nations. And how can they be duly appreciated if they are not understood? It has been one of the objects of the writer to bring to view the chief excellencies of our system of government, and thus to lay, in the minds of youth, the basis of an enlightened and conservative patriotism. ”

“ The tenth amendment is similar to the preceding. "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." In other words the powers which the constitution has not given to the general government, nor prohibited the states from exercising, the states or the people have reserved to themselves. So clear is it, that they retain all power which they have not in words parted with, that it seems strange to many that the insertion of such a provision should ever have been thought necessary. ”

“ A constitution is in the nature of an agreement between a whole community or body politic and each of its members. This agreement or contract implies, that each one binds himself to the whole, and the whole bind themselves to each one, that all shall be governed by certain laws and regulations for the common good.
§4. The nature of a constitution will further appear from the manner in which it is made. It is evident that a people, in establishing a constitution, must have some right or authority to act in the business. Whence this right is derived, we will not now stop to inquire. ”

“ Hence we see that congress was dependent for every thing upon the good will of thirteen independent states. It is a wonder that a government of such inherent weakness should bring the war to a successful issue. It was a sense of danger from abroad, rather than any power in the government, that induced a sufficient compliance with the ordinances of congress to achieve the independence of the states. ”

“ The money which is needed to pay the expenses of administering the government, if the state has no permanent source of revenue, or income, must be raised by taxation. A tax is a rate or sum of money assessed upon the person or property of a citizen for the use of the state. When assessed upon the person, it is called a poll-tax, or capitation tax, being a certain sum on every poll, or head. But as persons ought generally to contribute to the public expenses according to their ability, taxes are more just and equal when laid upon the property of the citizens. ”

“ The administration of justice in courts of law is not left entirely to the justices and judges. Parties may not always have sufficient confidence in the ability, honesty, and impartiality of the justice by whom a suit is to be tried, to intrust their interests to his judgment. Therefore the constitutions of all the states guaranty to every person the right of trial by a jury. This right has been enjoyed in England many centuries. ”

“ But it may be said, if each nation is independent of every other, and if there is no constituted authority to enforce the fulfillment of treaty stipulations, the rights guarantied by treaties are still insecure. But few governments are so devoid of a sense of honor as, by a palpable violation of treaty obligations, to incur the odium and condemnation of all mankind. ”

“ The appointment of judges of the supreme court by the president and senate, seems to be proper. Their election by the people, most of whom could have little or no knowledge of the persons who should be chosen, would be injudicious. Besides, the mass of the voters are not so competent to judge of the qualifications necessary for so important a judicial office, as those to whom the constitution has given the power of appointment. ”

“ A nation is not bound, however, on the occurrence of a war, to change its customary trade, and to cease supplying a belligerent with articles of trade which such belligerent was wont to receive from her, although the goods may afford him the means of carrying on the war. So if a nation has been accustomed to lend money to another for interest, and the latter should become engaged in war with a third power, the neutral would not break her neutrality if she should continue to lend her money. ”

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

“ When the subjects of any government have carried their revolt so far as to have established a new state, and to give reasonable evidence of their ability to maintain a government, the right of assistance is unquestionable. ”

“ The rights of a nation in war at sea are essentially different from those in war upon land. The object of a maritime war is to destroy the commerce and navigation of the enemy, with a view of weakening his naval power. To this end, the capture or destruction of private property is necessary, and is justified by the law of nations. Hence, for the purpose of attack as well as defense, every nation of considerable power or commercial importance, keeps a navy, consisting of a number of war vessels, ready for service. ”

“ It has ever been a cause of wonder and regret to many, that the traffic in human beings should have been permitted by the constitution, even for the most limited period. It is, however, a gratifying fact, that congress exercised its power for terminating the foreign slave trade, at the earliest possible period. A law was passed in 1807, to go into effect in January, 1808, making it unlawful, under severe penalties, to import slaves into the United States; and in 1820, the African slave trade was by law declared piracy, and made punishable by death. ”

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

“ The right to be secure in our good names, which is included in the right of personal security, is protected by the law against slander and libel. A slander is a false and malicious report or statement tending to injure another in his reputation or business, and which, if true, would render him unworthy of confidence or employment; or it is the maliciously charging of another with anything by which he sustains special injury. The slander of a person by words spoken, is a civil injury, that is, an injury for which redress is to be obtained in a civil suit for damages. ”

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

“ A corporation, or body politic, is an association of persons authorized by law to transact business under a common name, and as a single person. The laws of the state give such authority to the inhabitants of counties and towns. The people of a town or county have power, to some extent, to manage their own internal affairs, and to make rules and regulations for their government; and they may buy, hold, and sell property, and sue and be sued, as an individual. Similar powers are given to rail-road, banking, insurance, and other incorporated companies. ”

“ By an act of congress, every territory belonging to the United States in which a government has been established, is entitled to send a delegate to congress, who has a right to take a part in the debates of the house, but not the right of voting. ”