Public order

“ It is with reference to these words that Mr. Justice Story remarks that “constitutions of government do not turn upon ingenious subtleties, but are adapted to the business and exigencies of human society; and the powers given are understood in a large sense, in order to secure the public interests. ”

“ Upon the most casual examination of the law books we instantly discover that cases declaring a rule of public policy in one year of grace are of very little or no value as authority in ascertaining what is the true rule on the particular subject in another and later year. ”

“ The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. ”

“ It is according to this rule that all our laws are made, which restrain men from seeking their own pleasure by sacrificing the public good. And our laws are made by men appointed by the people for the purpose, and executed by judges and officers appointed by the people, from among themselves. ”

“ The powers that impose the obligatory sanction are Law and Society, or the community acting through the Government by public judicial acts, and apart from the Government by the unofficial expressions of disapprobation and the exclusion from social good offices". ”

“ The fundamental laws, thus established in point of fact, emanate from the government, and have no sanction beyond the oath of those intrusted with the administration of them, the force of public opinion, and the responsibility of the representative to his constituent. Our constitutions emanate not from the government, but the State, the society, the creator of the government ”

“ Questions of Privilege.—These are questions which involve the rights and privileges of individual members, or of the society or assembly collectively. They take precedence over all other propositions, except a motion to adjourn.
9. Questions of Order.—In case of any breach of the rules of the society or body, any member may rise to the point of order, and insist upon its due enforcement; but in case of a difference of opinion whether a rule has been violated or not, the question must be determined before the application of the rule can be insisted upon. ”

“ From all the public servants responsibility is secured, by their being representatives, mediate or immediate, for short terms, and their powers defined. It is, on the whole complexion of it, a government of laws, not of men. ”

“ That part which authorises the government to withhold from the public knowledge what in their judgment may require secrecy, is imitated from the confederation—that very system which the gentleman advocates. ”

“ The question before us now is law enforcement. As the constitution and statute stand, they are the express mandate of the people and must be respected by public officers and citizens as long as they remain. ”

“ Some of the bills of rights in America declare, that the people have a right to meet together, and consult for the public safety; that their legislators are responsible to them; that they are servants, &c. Such declarations give people an idea, that as individuals, or in town meetings, they have a power paramount to that of the Legislature. ”

“ 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. ”

“ 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? ”

“ We have assumed so great a responsibility in necessary regulation that we unconsciously have assumed the responsibility for maintained service; therefore the lawful power for the enforcement. of decisions is necessary to sustain the majesty of government and to administer to the public welfare. ”

“ Knowledge of the fact that the public is well acquainted with the law will often bring officials up to duty, and also prevent the violation of law. Furthermore, knowledge of the law serves to strengthen public opinion in regard to its enforcement. ”

“ Laws may do much to raise and sustain the tone of all the persons engaged in public affairs as officials or as legislators, not only by appealing to their conscience, but by giving them a quick and easy reply to those who seek improper favours from them. A statute may express the best conscience of the whole people and set the standard they approve, even where the practice of most individuals falls short of the standard. ”

“ Legislative bodies especially, need to be brought into closer relations and the law makers made to realize their duty to the public and the convict in the enactment of wise, proper and righteous legislation. ”

“ In the nineteenth century, then, legal and political philosophers were agreed that the end of the legal order, the purpose of political organization and purpose of lawmaking, were to secure and maintain individual liberty. ”

“ But, driven by the necessity of events, the most respectable citizens took the law into their own hands, organized vigilance committees, and administered a rude but prompt justice which soon restored order. ”

“ 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. ”

“ They respect public opinion; and therefore, whenever they shall be called upon, they are ready to meet their adversaries, as soon as they please, before the tribunal of the public, and there to justify the constitutional nature and tendency, the propriety, the prudence, and the policy of their bill. ”

“ That we most respectfully call attention of all public officials to the potent influence of their position on all moral questions, and the necessity of greater care on their part, proportioned to the exalted nature of their offices which they occupy, that they may strengthen rather than weaken by their influence public and private observance of the Lord’s day. ”

“ 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 ”

“ In every society there are political and civil concerns on one side, and on the other social concerns; for the first, civil authority must be established—in political and civil respects every one has to acknowledge the power of its jurisdiction. ”

“ In a republic the first rule for the guidance of the citizen is obedience to law. ”

“ To ask why I am to submit to the power of the state, is to ask why I am to allow my life to be regulated by that complex of institutions without which I literally should not have a life to call my own, nor should be able to ask for a justification of what I am called on to do. ”

“ Should they be changed in human governments? No, they should not; and the nation that would delight in a good government, the best possible for its preservation and strength, should pattern, in its organization, after the kingdom of God on the earth. Here are our tribunals and courts; and our courts are courts of error, to judge every matter and cause according to its merits and demerits. ”

“ The sacred rights of this society we are to hold fast—such as, her right to elect her own officers, to call her own meetings, appoint her own fasts, and exercise her own discipline, independently of the state. ”

“ Yet I can truly aver that, to the best of my ability, I have administered the law as I understood it, and to the ends of suppressing crime and wrong, and upholding virtue, truth and right; aiming to give confidence to honest men, and to confirm in all good citizens love for our country, and a pure trust in her law and magistrates. ”

“ There is a feeling of respect for authority, a regard for that which is believed to be law, a peculiar sense of duty towards the State in most men, which prevents them from assuming a position even of firmness in the assertion of their rights. ”

“ How striking and instructive to observe the abstract rules of justice brought to bear, with equal readiness and precision, upon ordinary and extraordinary combinations of circumstances!—to witness the dead letter of the law become animated with potent vitality for the regulation of human affairs! ”

“ When public bodies are engaged in the exercise of general powers, you cannot judge of the propriety of their conduct, but from the result of their systems. They may be forming plans which required time and diligence to bring to maturity. ”

“ III. Do you promise not to be concerned in plots and conspiracies against the government of the country in which you live; but patiently to submit to the decision of the law and the constituted authorities?
Ans. I do.
IV. Do you promise to pay a proper respect to the civil magistrates, to work diligently, live creditably, and act honorably by all men? ”

“ The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interests of individuals. ”

“ The State might require such oath for any period of their past lives, might call upon them to affirm whether they had observed the Ten Commandments, or had discharged any particular civil or moral duty, or had entertained any particular sentiments, or desires, or sympathies, as a condition of their being allowed to engage in one of the ordinary pursuits of life, in a profession, trade, or business. It might impose conditions which individuals and whole classes in the community would be unable to comply with, and thus deprive them of civil and political rights. ”

“ Can any measures furnish a more instructive lesson, or a more salutary admonition, in the whole history of parties, at once to moderate our zeal, and awaken our vigilance, than those, which stand upon principles repudiated at one time upon constitutional scruples, and solemnly adopted at another time, to subserve a present good, or foster the particular policy of an administration? ”

“ All government is founded on opinion and a sense of duty; and wherever the supreme magistrate, by any law or positive prescription, shocks an opinion regarded as fundamental, and established with a firmness equal to that of his own authority, he subverts the principle by which he himself is established, and can no longer hope for obedience. ”

“ That to secure these rights governments are instituted among men, deriving all their just powers from the consent of the governed." Here is the great truth, the vital principle, upon which our Government is founded, and which demonstrates that the right of a voice in the conduct of the government, and the selection of the rulers, is a right and privilege of all citizens. ”

“ Oppressive statutes within the legislative power are too readily enacted. Abuses in administration are too long permitted to exist. The only remedy for these is a more enlightened [Pg 167] public opinion, a wider diffusion of the spirit of impartiality, a greater realization of the right and need of every person to life, liberty, and the results of his industry and economy. ”

“ Now every society has the right of providing for what concerns the general interest, so that in permitting the parties to choose the judges of facts, the State reserves to itself the power to name the judges of right, who are the interpreters of the law. ”

“ For the execution of the laws and the defence of the kingdom, there exists a public force. It is necessary, then, to determine the principles which should direct it, and how it should be employed.
‘Recapitulation.
‘Declaration of the rights of man. Principles of the monarchy. Rights of the nation. Rights of the King. Rights of the citizens.
‘Organization and rights of the National Assembly. Forms necessary for the enaction of laws. Organization and functions of the Provincial and Municipal Assemblies. Duties and limits of the judiciary power. ”

“ What is government? The reverend gentleman who occupied this platform asserts that governments are divine, when all history teems with their sacrilegious proceedings. Or does he mean simply that this government is divine? If so, where is its sign-manual? The proper function of law as applied to society, is the protection of the rights of the individual. When it fails in this it is no longer binding on the conscience, according to the authority of one of the brightest lights in jurisprudence, whence this nation borrowed its common law. ”

“ Read into the simple precepts what modern interpretations you will, and one finds the elements necessary for training the citizens of a state to be justly governed by the consent of the governed.
Less significant laws reached out to regulate the personal life of the people: a talebearer was liable to penalty; a liar, a drunkard, a Sabbath-breaker, a profane man might be whipped, branded, imprisoned, or put in the stocks. ”

“ 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. ”

“ In the formation of the law, regard should be often had to the convenience, to the faculties, to the interests, and to the habits of the citizens, sometimes even to their prejudices, but in the interpretation of it, nothing but justice should be regarded. ”

“ The national will is the supreme law of the Republic, and on all subjects within the limits of his constitutional powers should be faithfully obeyed by the public servant. ”