Civil authority

“ For all that nature requires is that there should be an efficient civil authority, not that this man should have it, or that one man or other should have it all, or that a certain class in council assembled should engross it, or that all the inhabitants of the country should participate in it. ”

“ They were the fundamental principles for which civil society is organized into government in all countries, and must be respected in their administration under whatever temporary dominant authority they may be exercised. ”

“ As to the share of power, authority, direction, which each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society."—Ibid. ”

“ Two authorities, each having a distinct object, but united and being mutually the complement one of the other, have the guardianship of human interests—interests of time and interests of eternity. One, the civil authority, has for its direct domain, temporal affairs. ”

“ He whose office it is to govern a supine or an abject people, cannot, for a moment, cease to extend his powers. Every execution of law, every movement of the state, every civil and military operation, in which his power is exerted, must serve to confirm his authority, and present him to the view of the public as the sole object of consideration, fear, and respect. ”

“ Those Subject to Civil Law.—Civil laws oblige all those who are in any way subject to their authority.
(a) Citizens, when in the country, are bound by all the laws that pertain to them; when outside the country, they are bound by some laws, such as those that regulate their personal status and office, but not by others, in particular such as are of a territorial character. ”

“ This political authority is the sovereignty." Again this writer remarks: "The authority of all over each member essentially belongs to the body politic or the State."
By this same writer it is also said: "The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority; they equally participate in its advantages. ”

“ No magistrate, whether temporary or hereditary, can with safety neglect that reputation for justice and equity, from which his authority, and the respect that is paid to his person, are in a great measure derived. Nations, however, have been fortunate in the tenor, and in the execution of their laws, in proportion as they have admitted every order of the people, by representation or otherwise, to an actual share of the legislature. ”

“ All citizens, without distinction, are eligible for public offices. The natural, civil, and religious liberty of men, and their absolute independence of all authority save that of the law, forbid any inquiries into their opinions, speeches, and writings, as long as they do not disturb order, or interfere with the rights of others. ”

“ The second is that the authority thus legitimately constituted should respect the legitimate liberties of those whom it is called to govern. A good system for the formation and organization of authority, a good system of securities for liberty, are the two conditions in which the goodness of government resides, whether civil or religious. ”

“ The civil service can never be placed on a satisfactory basis until it is regulated by law. For the good of the service itself, for the protection of those who are intrusted with the appointing power against the waste of time and obstruction to the public business caused by the inordinate pressure for place, and for the protection of incumbents against intrigue and wrong, I shall at the proper time ask Congress to fix the tenure of the minor offices of the several Executive Departments and prescribe the grounds upon which removals shall be made during the terms for which incumbents have been appointed.
Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people, it will be the purpose of my Administration to maintain the authority of the nation in all places within its jurisdiction; ”

“ Civil government being the sole object of forming societies, its administration must be conducted by common consent. Every species of government has its specific principles. Ours perhaps are more peculiar than those of any other in the universe. ”

“ And if the people have given up to governors, legislatures, the judiciary and to the officers of the law certain powers, rights and privileges, this authority coming of or from the people, it is expected that they shall act for and in the interests of the people ”

“ Under the Second of these Divisions may be ranged all the Art of the Legislator and Politician, all the power of Laws and Government. These do constitute the Civil Power; and a State may then be said to be in good Order, when all the other Powers are subservient to this; when they own its superior Excellence and Energy, pay it a ready Obedience, and all unite in Support of its Rule. ”

“ 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. ”

“ But from this grant I infer, as before hath been touched, that the sovereign, original, and foundation of civil power, lies in the people—whom they must needs mean by the civil power distinct from the government set up: and if so, that a people may erect and establish what form of government seems to them most meet for their civil condition. ”

“ The ancient commonwealths thought themselves entitled to practise, and the ancient philosophers countenanced, the regulation of every part of private conduct by public authority, on the ground that the State had a deep interest in the whole bodily and mental discipline of every one of its citizens ”

“ State authority must serve the welfare of the people, liberty, peace and the progress of democracy.
(6) Those active in public service are servants of the community as a whole and not of any one party. Their activity is supervised by the popular representative body. ”

“ Thus, instead of a council with restricted powers and divided authority, we have a few men assuming positions of genuine responsibility, as regards both the originating and enforcing of laws. My colleagues will show that such a concentration of powers in one small body is necessary and desirable, both from the legislative and administrative point of view. ”

“ All these tendencies are observable, and civil service reform is to be studied in connection with them and with all other political reform movements. Eternal vigilance, and not merely the mechanical selection of public officers, is the price of liberty. ”

“ Whether the legislative and administrative agencies of society can be kept in the main free from bias by private interests, and true to the idea of common good, without popular control; whether again, if they can, that 'civil sense,' that appreciation of common good on the part of the subjects, which is as necessary to a free or political society as the direction of law to the maintenance of a common good, can be kept alive without active participation of the people in legislative functions ”

“ The principle of all sovereignty rests in the people. 142No body or individual can possess any authority which does not expressly emanate from the nation.
“The sole end of all government is the public good. That good demands that the legislative, executive, and judicial powers should be distinct and defined, and that their organization should secure the free representation of the citizens, the responsibility of their deputies, and the impartiality of the judges. ”

“ Defining the object of civil government, in the most extensive sense, to be the making provision for the secure and comfortable enjoyment of this life, by preventing one man from injuring another in his person or property; I should think the office of the civil magistrate to be in no great danger of being incroached upon, by the methods that men might think proper to take, to provide for their happiness after death. ”

“ They have handed down to us the representative principle, the jury method of trial, civil law, a clear conception of the rights of a citizen, a jealous regard for law and tradition, a comprehensive system of political checks and balances, model systems of local government and civil service, and methods of governing, civilizing, and unifying alien peoples which have never been equalled. ”

“ In every country, and at all times, an order of things may be conceived—civil, political, penal and administrative laws—which would best conform to the general interest, and be the most favourable to the well-being and progress of the nation. ”

“ The great struggle in the evolution of government has concerned the concentration of power. The universe administrators have learned from experience that the evolutionary peoples on the inhabited worlds are best regulated by the representative type of civil government when there is maintained proper balance of power between the well-co-ordinated executive, legislative, and judicial branches. ”

“ In our complex system of polity, the public will, as a source of authority, may be the will of the people as composing one nation; or the will of the States in their distinct and independent capacities; or the federal will, as viewed, for example, through the Presidential electors, representing, in a certain proportion, both the nation and the States. ”

“ In the first, supreme power remains in the hands of the collective body. Every office of magistracy, at the nomination of this sovereign, is open to every citizen; who, in the discharge of his duty, becomes the minister of the people, and accountable to them for every object of his trust.
In the second, the sovereignty is lodged in a particular class, or order of men; who, being once named, continue for life; or, by the hereditary distinctions of birth and fortune, are advanced to a station of permanent superiority. ”

“ I mean to inquire if, in the civil order, there can be any sure and legitimate rule of administration, men being taken as they are and laws as they might be. In this inquiry I shall endeavour always to unite what right sanctions with what is prescribed by interest, in order that justice and utility may in no case be divided. ”

“ That it is the duty of the Federal government, in all its departments, to protect, when necessary, the rights of persons and property in the territories, and wherever else its constitutional authority extends. ”

“ Knowledge of the civil law will, likewise, be necessary for the orator whom we have described, and together with it knowledge of the customs and religion of the commonwealth of which he may take charge, for how shall he be able to give counsel in public and private deliberations if ignorant of the many things which happen together particularly to the establishment of the State? ”

“ This being the case, the institution of civil society is for the purpose of making an equalization of powers that shall be parallel to, and a guarantee of the equality of rights. The laws of a country when properly constructed apply to this purpose. ”

“ Take, for instance, the exercise of political power. Is a state free in proportion to the number of its subjects who are admitted to rank among its citizens, or to the degree in which its recognised citizens are invested with political authority? ”

“ From the family certain powers are delegated to the next higher social unit, the village or communal group, which in its turn concedes certain of its inherent rights to the organic group of communities, or states, and finally the states commit to the last and general authority, the national government, some of the elements of authority that have been delegated to them. ”

“ The second class of limitations upon official power provided in our constitution prescribe and maintain the distribution of power to the different departments of government and the limitations upon the officers invested with authority in each department. This distribution follows the natural and logical lines of the distinction between the different kinds of power—legislative, executive, and judicial. ”

“ The authority of the laws which govern society is not found in the fact that the laws have been made by the will of the majority, or the will of the minority, or by the will of a king, or by the wills of any [236] or all of the people; but because they are founded in the constitution of human nature. ”

“ Civil liberty, in this kingdom, has two direct guarantees; the open administration of justice according to known laws truly interpreted, and fair constructions of evidence; and the right of parliament, without let or interruption, to enquire into, and obtain the redress of, public grievances. ”

“ Government within the State has widened down from autocratic authority to authority broad-based upon a people's will. The expansion of the principle of representation is responsible for that development. ”

“ The foremost duty, therefore, of the rulers of the State should be to make sure that the laws and institutions, the general character and administration of the commonwealth, shall be such as of themselves to realize public well-being and private prosperity. ”

“ The essence of the legislative authority is to enact laws, or, in other words, to prescribe rules for the regulation of the society; while the execution of the laws, and the employment of the common strength, either for this purpose or for the common defense, seem to comprise all the functions of the executive magistrate. ”

“ At the close of his reign King, Lords, Commons, the Courts of Justice, the forms of public administration, the relations of Church and State, all local divisions and provincial jurisdictions, in great measure the framework of society itself, have taken the shape which they essentially retain. ”