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Thus, as before remarked, in all societies, government of some kind, becomes a matter of necessity; and all government may be considered as giving up some portion of our liberty and our rights, to secure the remainder.

In a society where the people possess absolute liberty, the many are rendered immediately the slaves of the few; the weak are subjected to the strong; despotism is ever ready to take possession of a community, contending for absolute liberty. It is indispensable for the security of order, justice, peace and happiness, that society should form a government, and submit to the restraints it imposes. No other mode has yet been found, by which the whole community can enjoy even a moderate degree of liberty and happiness..

A man who expects to enjoy liberty without paying for it, without surrendering a portion to secure the rest, judges and acts as foolishly, as one who wishes to rear a crop of Indian corn, but yet is too stingy to furnish the seed to plant.

A member of society, in giving up a part of his liberty to secure the rest, acts on the principle of insurance, in which a man gives five or ten dollars to have his house or property insured against fire, for one year. Government is a kind of mutual insurance against robbery, plunder, murder, and injustice. Government has been compared to a partnership, in which all have shares, each one participating in the profit and loss of the concern.

The great problem of government is to find out the utmost enjoyment of liberty, compatible with the good of society. Every law should be considered in two points of view: first, how far it abridges natural liberty, and how far, therefore, it

is an evil; and secondly, the good it will do by prevention of evil, or by the direct procurement of benefit to society. Every act of legislation should be tested in this way; and no act should be passed, which, after such an examination, does not promise a balance of good.

Government is sometimes spoken of as a social compact an agreement between all the members of community. This is rather a definition of what government should be, than what it is. In the United States, where the people make the government, it may be called a social compact or agreement between the members of the community; but in Russia, where the people at large have nothing to do with making the government, it can hardly bear this designation. The government is there forced upon the people, and established without their co-operation.

It may be indeed said that submission implies assent, and that this submission makes the people parties to the social compact or agreement; but we know that in many cases, this assent is extorted by military power, or other circumstances which control the freedom of the citizens. There can be, strictly speaking, no compact which is not freely entered into by all parties; any government, therefore, which is founded in force, which has not the free sanction of the people at large, is not a social compact. The origin and binding force of government will be hereafter discussed.

CHAPTER XVI.

Government continued.

GOVERNMENT, it will be understood, embraces three distinct things: 1st. The system or form of government, usually founded upon some constitution, either written or sanctioned by the people, or established by usage; 2d. The statutes and laws; 3d. The administration, consisting of the officers, appointed to see that the laws are obeyed, and the action of the government sustained.

The system or form of government of the United States, is prescribed in a written constitution, sanctioned by the people. The statutes are the laws enacted by congress, agreeably to this constitution. The administration consists of the president of the United States, his secretaries, &c.

The system or form of government of Massachusetts, or New York, or Ohio, or any other of the separate United States, is also prescribed by a written constitution, sanctioned by the people of the state. The statutes consist of the laws passed by the state legislatures; and the administration consists of the governor and his immediate officers. No law is binding that violates a constitution, for the makers of the laws have authority to act only by that instrument.

In Great Britain, the form of government is prescribed and sanctioned by usage, and not by any particular written document. The laws are the statutes enacted by parliament and signed by the king; the administration consists of the king and his ministers. In France, there is a written con

stitution; the laws are enacted by a parliament, and the king with his ministers are the administration. Many of the systems of Europe are similar to that of France, while others are despotic.

There is another division, belonging to the governments of most civilized countries, which distributes the powers of the rulers into three branches: 1st, the legislative, or law-making power: 2d, the judicial, or judging power; and 3d, the executive power.

CHAPTER XVII.

The Legislative Power-the. Legislature.

[graphic]

The House of Representatives at Washington.

THE legislative power is usually vested in a certain number of persons chosen by the people, or a portion of the people, for that purpose. These

are commonly divided into two branches, called the upper and lower house.

These two bodies of men usually assemble in two different rooms in the same building, and discuss various acts, resolutions, and laws. When a law is introduced into either house, it is called a bill. It is read by the speaker or president of the house, and after being sufficiently discussed, the speaker or president puts it to vote; that is, he calls upon the members in favor of it to say ay, and those opposed, to say no.

If there are more ayes than noes, the bill passes; if not, it is lost. The bill being passed, is sent to the other house. It is there discussed, and voted upon. If it passes, it goes to the governor or president, or king, and if he signs it, it becomes a

law.

This is the usual mode of making laws, or of legislation, in civilized countries. In savage or barbarous countries, where there are no written laws, of course there is no legislature; all power, legislative, judicial or executive, being absorbed by the king, or chief, and his immediate officers and dependents. Where such a state of things exists, the people have nothing to do in making the government. All they are required to do is to submit.

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