J. T. McCleary

“ It is well in many ways, as we have seen, to have in every town, village, and city, courts of limited jurisdiction. But to establish justice in any generous or satisfying sense there should be within the reach of every citizen a court competent to try any difference between individuals regardless of the amount in controversy, and able to punish any crime against the laws of the state. To bring such a court within the reach of every one was the original reason for the establishment of the county, and remains today the greatest advantage derived from its existence. ”

“ Although sovereignty implies the right of a government to enter freely into such relations with any other nation as may be mutually agreeable, the nations of Europe feel at liberty in self-defense to interfere with any arrangements that threaten the "balance of power." Thus France would feel justified in opposing a very close alliance between Prussia and Spain.
It is our good fortune not to have any dangerous neighbors. We are reasonably sure of peace so long as we act in accordance with the counsel of Washington, "Friendly relations with all, entangling alliances with none." ”

“ And Lieber, in his very able work on Civil Liberty and Self-Government, says, "A sound penal trial is invariably one of the last fruits of political civilization, partly because it is one of the most difficult of subjects to elaborate, and because it requires long experience to find the proper mean between a due protection of the indicted person and an equally due protection of society.... It is one of the most difficult things in all spheres of action to induce irritated power to limit itself." ”

“ The more tyrannical a government is the more likely it is to be plotted against, and the more suspicious it becomes. If treason were undefined, the government might declare acts to be treasonable which the people never suspected to be so. This had occurred so many times, and good men had so often been sent on this charge to an ignominious death, that the framers of the constitution deemed it prudent to define treason carefully in the fundamental law itself. ”

“ Why does the death of a member end the firm—that is, why not let his heir succeed to his right in the firm as he succeeds to his real estate?
May the private property of a partner be taken to satisfy the debts of his firm? May the firm's property be taken to satisfy the debt of one of its members? Can men dissolve their debts by dissolving their partnership? If one partner continues the business agreeing to pay all indebtedness of the firm, is the retiring partner released from obligation in relation to the debts? ”

“ It is, therefore, a general rule that a people may adopt such form of government as they choose, and that whenever they wish they may amend or entirely alter it. [Footnote: A change in the form of government does not release the nation from prior obligations.] And the government formed has a right to operate without dictation from other powers. Nor has any foreign nation a right to inquire how the government has come into being; sufficient that it is the government.
This right of a nation to manage its own affairs is called sovereignty. ”

“ What territories are now seeking admission into the sisterhood of states? How does a territory become a state? What advantages are gained by becoming a state? Is congress bound to admit new states? Can congress compel a territory to become a state? Can it compel a state to remain a state? Is there such a thing in our system as a state out of the Union?
What does a citizen of the United States lose by moving into a territory?
Does the constitution define a republican government? Is any particular department charged with the duty of guaranteeing to each state a republican form of government? ”

“ Pirates and Privateers.—Pirates, acting under no authority, having no purpose to serve except to enrich themselves at the expense of any one else, are not protected by any nation, and may be put to death by any one capturing them. But privateers, acting as an arm of the government and by its authority, granted by its letters of marque and reprisal, must be treated as prisoners of war. ”

“ As our congress is organized, the members of the house of representatives, being elected by popular vote and for a short term, are likely to represent with considerable faithfulness the wishes of the people. But the people may be for a time wrong—as, for instance, in the persecution of the "witches"—and senators, who by their mode of election and length of term are made somewhat independent, can comparatively without fear do what seems right, even if temporarily unsupported by public opinion. ”

“ Whom else can such persons therefore vote for? If this state desired higher qualifications in electors for United States representatives, how could she require them? Should not the United States designate the qualifications of voters for members of congress? May one who is not a citizen of the United States vote for a member of congress? ”

“ To show that government is a necessity to man, let us imagine a company of several hundred men, women, and children, who have left their former home on account of the tyranny of the government. So harshly have they been treated, that they have ascribed all their misery to the thing called government, and they resolve that they will have none in their new home. ”

“ Causes.—A nation may wage war to defend any right which as a state it is bound to protect, to redress wrong, or to prevent injury; for instance, to defend its own sovereignty; to protect a citizen in his rights; to obtain satisfaction for insults to its flag, its ambassadors, or its good name; for the violation of treaty rights; to prevent injury, as by checking the onward march of some "conquering hero." War for conquest is not now recognized as legitimate. ”

“ II. Resolved, That we do hereby declare ourselves a free and independent people; are, and of right ought to be a sovereign and self-governing association, under the control of no power, other than that of our God and the general government of the congress: To the maintainance of which independence we solemnly pledge to each other our mutual co-operation, our lives, our fortunes, and our most sacred honor. ”

“ The United States constitution and most of the State constitutions declare that no person shall be held to answer for a criminal offense, except a minor one, "unless on the presentment or indictment of a grand jury." This is to save people from the vexation and expense of arrest and trial unless there is reasonable presumption of their guilt. On the other hand, a grand jury should aid in bringing to justice persons who indulge in practices subversive of public peace, but which individuals are disinclined to prosecute, such as gambling. ”

“ They help each other in building the houses; each takes from the forest the wood that he needs for fuel; they graze the cattle in a common meadow; they till a common field and all share in the harvest. For a time all goes well. But mutterings begin to be heard. It is found that some are unwilling to do their share of the work. It becomes manifest to the thoughtful that community of property must be given up and private ownership be introduced, or else that the common work must be regulated. In the latter case, government is established by the very act of regulation ”

“ If one person or group of persons could make the laws, interpret them, and enforce obedience to them as interpreted, the power of such person or persons would be unlimited, and unlimited power begets tyranny. One of the purposes of a constitution is to limit the power of the government within its proper sphere, and to prevent misuse of authority; and this organization of the government in three departments, each acting independently so far as may be, and acting as a check upon the others, is one of the modes of limitation. ”

“ May a minor act as principal? As agent? A watch left at a jeweler's store for repairs is injured by the workman; who is responsible to the owner? On account of a road overseer's neglect a horse is injured by stepping through a hole in a bridge; to whom shall the owner look for damages? If a person is notified that another claims to represent him as agent and he neglects to repudiate the claim, is he responsible for acts of the claimant as agent?
May an agent having authority to fix prices sell to himself?
May a clerk in a store take goods at regular marked prices? ”

“ We will neither lift him up because he is "his father's son," nor cast him down because his father was unworthy.
Situated as we are, with no powerful rivals near us, with the ocean between us and the countries of Europe, the common defense requires no great standing army to eat up our substance and to menace our liberties. Living in the north temperate zone, the belt of highest civilization, in a country capable of producing almost everything desirable, there is every reason to believe that, if we are true to ourselves and our opportunities, we may long enjoy prosperity and peace. ”

“ If one of our senators should resign today, to whom would the resignation be addressed? How would the vacancy be filled? How long would the appointee serve? Could the governor appoint himself?
How long at least must an alien live in the United States before being eligible to the Senate? Has anyone ever been refused admission, after being duly elected, on account of shortness of citizenship?
Who is now vice-president? Who is president pro tempore of the Senate? Why is it not correct under any circumstances to speak of the president pro tempore as vice-president? ”

“ The law will not compel a person to give something for nothing. But the amount of the consideration is usually unimportant, so long as it is reasonable. Anything is a consideration which is of benefit to the person promising or of loss or inconvenience to the other. An illegal consideration is, however, not a consideration; nor is the performance of a moral duty, nor the doing of what would be a legal duty without the promise in question. If the consideration fails, the contract fails. One has no right to sue on a contract unless he has performed or offered to perform his part. ”

“ Why Limited in Powers.—The question suggests itself, Why can a corporation do only certain things? The most obvious answer is, that this is consequent upon its mode of creation. Being a creature of the legislature, it can have only those powers which are specifically or impliedly granted to it. But pushing the matter farther, it may pertinently be asked, Why doesn't the legislature endow it with power to do anything that may properly be done by a natural person? ”

“ If any one should be caught making cigars without a license, before what court would he be tried? If an American owed money to an ambassador from a foreign country, and declined to pay it, how could the ambassador get his pay? If the ambassador owed an American, how could the American get his pay? Would you, if the United States government asked you to represent it in a foreign country, like to be tried by a court of that country?
If a murder be committed in the District of Columbia, in what court is the trial had? If committed in Minnesota? ”

“ To put the thought in other words, the power to declare war belongs to the sovereign: in this country, the people are sovereign, therefore the power to declare war belongs to the people, and they act through their representative body, congress. ”

“ ARTICLE II. RIGHT TO BEAR ARMS. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
It should not be the policy of a republic to keep a large standing army. An army is expensive, it takes so many men from productive industries, and it is dangerous to liberty—it may from its training become the instrument of tyranny. ”

“ Thus we see that the principal elements of the courts of today, the establishment of justice as a public trust, the determination of the facts by means of witnesses and a jury, the application of the law by one or more judges, the right of appeal to a higher court, are not artificial, but in the nature of things. ”

“ In other words, all are interested in the prevalence of peace and the rightful settlement of disputes. That this work may surely be done, it is obvious that society must appoint certain persons to attend to it; that is, society organizes to establish justice.
Communities take their character from that of the individuals composing them, therefore communities are selfish. A third reason appears, then, for the organization of society, namely, the common defense.
But this organization of society is the very thing that we call government. ”

“ In some countries no salary is paid to legislators, the theory being that with the temptation of salary removed only persons of public spirit will accept election. Our argument is that unless some remuneration be given, many persons of public spirit and possessed of capacity for public service would be barred from accepting seats in the legislature. In other words, the state wants the services of her best citizens, and does not wish lack of wealth on the part of any competent person to stand in the way. ”

“ How is an oath administered in court? What persons may not serve as witnesses? If a criminal should make confession of the crime to his lawyer, could the lawyer be subpoenaed as a witness on the trial? Name some things "exempt from execution" in this state. What is to hinder a bitter enemy of yours, if you have one, from having you committed to prison. Can a civil suit proceed in the absence of the defendant? ”

“ Some who are possessed of property die without making a will. They are said to die intestate. To see that the provisions of wills, if any be made, are complied with, and, in case no will is made, to make sure that the property comes into possession of those best entitled to it, is the important and wellnigh sacred duty of an officer called the judge of probate. If no one is named in the will to look after the education and property of minor heirs, the judge of probate may appoint a guardian. The appointee must give bonds for the faithful discharge of his duty. ”

“ Find out all you can about common law. What is meant by a civil suit as distinguished from a criminal suit? What is meant by a case in equity? When an appeal is taken what is subject to re-examination? What is not? Why?
What conditions determine the just amount of bail? Of fines? What cruel punishments have you heard or read of as being administered by public authority? When and where were such punishments not "unusual"? Was the eighth amendment necessary? What limit is there to things which "The People" may do? To the powers of the United States government? To those of a State government? ”