Parens patriae

“ There is much evidence that some juvenile courts, including that of the District of Columbia, lack the personnel, facilities and techniques to perform adequately as representatives of the State in a parens patriae capacity, at least with respect to children charged with law violation. There is evidence, in fact, that there may be grounds for concern that the child receives the worst of both worlds: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children. ”

“ Because the State is supposed to proceed in respect of the child as parens patriae and not as adversary, courts have relied on the premise that the proceedings are 'civil' in nature and not criminal, and have asserted that the child cannot complain of the deprivation of important rights available in criminal cases. ”

“ Any attorney general of a State may bring a civil action in the name of such state as parens patriae on behalf of natural persons residing in such State . . . to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. ”

“ They suggest that the appearance as well as the actuality of fairness, impartiality and orderliness-in short, the essentials of due process-may be a more impressive and more therapeutic attitude so far as the juvenile is concerned. For example, in a recent study, the sociologists Wheeler and Cottrell observe that when the procedural laxness of the 'parens patriae' attitude is followed by stern disciplining, the contrast may have an adverse effect upon the child, who feels that he has been deceived or enticed. ”

“ See 15 U.S.C. § 15c (a) (1) (extending parens patriae representation only to resident natural persons) . These unrepresented consumers might seek intervention and further delay the prompt determination of the suit. ”

“ It hath lately been asserted in Parliament, that the Colonies have no relation to each other but through the Parent Country, i. e. that Pennsylvania and the Jerseys, and so on for the rest, are sister Colonies by the way of England; this is certainly a very round-about way of proving relationship, but it is the nearest and only true way of proving enemyship, if I may so call it. France and Spain never were, nor perhaps ever will be, our enemies as Americans, but as our being the subjects of Great-Britain. ”

“ Unquestionably confusion of thought is caused by the careless use of the term Empire into which English people have fallen. Applied to India and the crown colonies it is admissible, though with the qualification that in practice the Empress of India acts as much under advice as the Queen of England. As a name for the 'slowly grown and crowned Republic' of which the mother-land is the type and the great self-governing colonies copies, the term Empire is a misnomer, and has none of the meaning which it has when applied to Russia, Austria, or the France of the Napoleons. ”

“ It seems designed as a lesson for the human race in the transitory nature of power applied from without.
The vast fabric passed with himself; was gone like a shadow when he was gone. The unity of the Empire was buried in the grave of its founder. In twenty-nine years (by the treaty of Verdun) three kingdoms emerged from the crumbling mass. France, Italy, Germany, already separated by race repulsions, had taken up each a distinct national existence, the Imperial crown remaining with Germany. ”

“ Had America singled out any particular French citizen, complimented him with the title of Citizen of America, which he without suspecting any fraudulent intention might accept, and then after having invited or rather inveigled him into America made his acceptance of that Title a pretence for seducing or forcing him from his allegiance to France, would not France have just cause to be offended at America? And ought not America to have the same right to be offended at France? ”

“ Why is it that we hesitate? From Britain we can expect nothing but ruin. If she is once admitted to the government of America again, this Continent will not be worth living in. Jealousies will be always arising; insurrections will be constantly happening; and who will go forth to quell them? Who will venture his life to reduce his own countrymen to a foreign obedience? The difference between Pennsylvania and Connecticut, respecting some unlocated lands, shews the insignificance of a British government, and fully proves, that nothing but Continental authority can regulate Continental matters. ”

“ It is to France alone, I know, that the United States of America owe that support which enabled them to shake off the unjust and tyrannical yoke of Britain. The ardour and zeal which she displayed to provide both men and money, were the natural consequence of a thirst for liberty. But as the nation at that time, restrained by the shackles of her own government, could only act by the means of a monarchical organ, this organ—whatever in other respects the object might be—certainly performed a good, a great action. ”

“ If the colonies were conquered, France would feel the vengeance of England; if they were freed and self-governing, the principle of Monarchy had a staggering blow.
In the mean time, as the American Revolution moved on toward success, there was talk in the cabin as well as the château of the "rights of man." In shops and barns, as well as in clubs and drawing-rooms, there was a glimmering of the coming day.
"What is true upon one continent is true upon another," say they. "If it is cowardly to submit to tyranny in America, what is it in France?" ”

“ Each of these opinions has some superficial ground of justification; each process of reasoning has, if pushed to its final conclusions, fatal defects. But is there not reason to believe that the growth of the Empire is bringing us to a point when the policy of England and her colonies may be entirely coincident on the great questions of peace or war? ”

“ It is to the peculiar honour of France, that she now raises the standard of liberty for all nations; and in fighting her own battles, contends for the rights of all mankind.
The same spirit of fortitude that insured success to America; will insure it to France, for it is impossible to conquer a nation determined to be free! The military circumstances that now unite themselves to France, are such as the despots of the earth know nothing of, and can form no calculation upon. They know not what it is to fight against a nation ”

“ France had not won the leadership of European civilization.
In the coming reign, new forces, new conditions, were to widen the field of national ambitions. And it was the nation across the channel which would grasp these forces and distance her rivals in an advance along the untried paths of commerce and a world-wide expansion.
With a strange apathy France had seen herself mistress of a large part of the American Continent, won for her by adventurous Frenchmen and Catholic missionaries. She did practically nothing to develop this magnificent colonial empire. ”

“ Permit me, in the first place, to observe that as it is impossible for me to suppose that it could have been the intention of France to seduce any citizens of America from their allegiance to their proper country by offering them the title of French citizen, so must I be compelled to believe, that the title of French citizen conferred on Thomas Paine was intended only as a mark of honorary respect towards a man who had so eminently distinguished himself in defence of liberty, and on no occasion more so than in promoting and defending your own revolution. ”

“ All our treaties, whether of alliance, peace, or commerce, are formed under the sovereignty of the United States, and Europe knows us by no other name or title.
The division of the empire into states is for our own convenience, but abroad this distinction ceases. The affairs of each state are local. They can go no further than to itself. And were the whole worth of even the richest of them expended in revenue, it would not be sufficient to support sovereignty against a foreign attack. In short, we have no other national sovereignty than as United States. ”

“ The Pan-American Union, as well as other organizations and publications with the Pan-American object in view, do sincere and arduous work which has borne much industrial and social fruit, but their labours are necessarily spread over a great field: nor can Consuls do everything, however energetic. ”

“ To say the very least, to be a defender of one's country is a not unworthy ambition. It is therefore extremely likely that into the great career offered by an Imperial service many colonists with military predilections would be drawn. Even if their sole object were to prepare themselves for the service of the particular part of the Empire to which they belonged, the wider training to be obtained in the highly organized system of a great state would be invaluable. ”

“ These banded powers, pushing into the wilderness their indomitable soldiers and devoted priests, unveiled the secrets of the barbarous continent, pierced the forests, traced and mapped out the streams, planted their emblems, built their forts, and claimed all as their own. New France was all head. Under king, noble, and Jesuit, the lank, lean body would not thrive. Even commerce wore the sword, decked itself with badges of nobility, aspired to forest seigniories and hordes of savage retainers. ”

“ The people of her surrendered colony, carrying on, along with the British provinces, the agitation for responsible government by methods entirely constitutional, save for the slight outbreak of 1837, have gained and continue in the secure enjoyment of a popular freedom as complete as that of any country in the world; a recognition for their religion such as that religion cannot command in France. ”

“ Your authority in the Jerseys is now reduced to the small circle which your army occupies, and your proclamation is no where else seen unless it be to be laughed at. The mighty subduers of the continent have retreated into a nutshell, and the proud forgivers of our sins are fled from those they came to pardon; and all this at a time when they were despatching vessel after vessel to England with the great news of every day. In short, you have managed your Jersey expedition so very dexterously, that the dead only are conquerors, because none will dispute the ground with them. ”

“ These two provinces, associated with France for more than two centuries in good and evil fortune and constantly opposed to hostile attack, have consistently sacrificed themselves in the cause of national greatness; they have sealed with their blood the indissoluble compact that binds them to French unity. With one accord, citizens who have remained in their own homes and the soldiers who have hastened to join the colors, proclaim by their votes or by their action on the field, to Germany and to the world, the unalterable determination to remain French. ”

“ The war that cost twenty-one millions was the war of the con-federates, historically called the grand alliance, consisting of England, Austria, and Holland in the time of William III. against Louis XIV. and in which the confederates were victorious. The present is a war of a much greater confederacy—a confederacy of England, Austria, Prussia, the German Empire, Spain, Holland, Naples, and Sardinia, eight powers, against the French Republic singly, and the Republic has beaten the whole confederacy.—But to return to my subject. ”

“ The Britannic nations and America all contain an individualistic form of patriotism that lends itself to Pan-Angle federation. Just as {207} American Pan-Angle gives allegiance to the ideals behind the dull earth he calls his home, be it city, town, township or parish ”

“ Perrin, a native of France, honorary member of their corps. I have seen publications inviting Catholics, contrary to the laws of the land, to arm themselves to reform the constitution in Church and State. I have seen encomiums on Louis XVI., the friend of mankind and the assertor of American liberty.... They may invite the French to invade our country. I have seen invitations to the dregs of the people to go to drills and form into corps; we should therefore distinguish between the gentlemen—the original Volunteers—and those sons of sedition. ”

“ For a nation {55} like ours, constantly expanding, and with possibilities for further extension even greater than the United States, common sense would seem to indicate the maturity of the first great colonies, the period when they might fairly be expected to desire some final decision about their national destiny, as the time when the basis of a Federal system, applicable on a fixed principle to all, should be determined. They are then free, as each advances to maturity, to choose between independence and entrance into the national system. ”

“ Citizens Legislators!—The French nation has, by a universal decree, invited to France one of our countrymen, most worthy of honor, namely, Thomas Paine, one of the political founders of the independence and of the Republic of America. ”

“ You may now present memorials to what court you please, but so far as America is the object, none will listen. The policy of Europe, and the propensity there in every mind to curb insulting ambition, and bring cruelty to judgment, are unitedly against you; and where nature and interest reinforce with each other, the compact is too intimate to be dissolved.
Make but the case of others your own, and your own theirs, and you will then have a clear idea of the whole. Had France acted towards her colonies as you have done, you would have branded her with every epithet of abhorrence ”