CHAPTER III.

Laws.-The Law of Nature-Law of Revelation—Municipal Law-Law of Nations.

§ 19. Law, in its widest sense, signifies a rule of action, and is applied to all kinds of action, whether animate or inanimate, rational or irrational. According to established principles in nature, all matter tends to decay; all ponderous bodies determine towards the centre of the earth; heat and moisture promote the growth of plants. This invariable tendency of all species of matter to certain motions, changes, and relations, as well as those which govern human conduct, are called physical laws, or the laws of nature. Law, in a more limited sense, denotes the rules of human action; the precepts by which man, as a moral, social, and accountable being, is commanded to regulate his behavior.

§ 20. The law of nature, as applied to man, is a rule of action arising out of the natural relations which he sustains to his Creator and to his fellow men. As a creature, he must be subject to the laws of his Creator, on whom he is dependent. The will of the Creator is his law, and is called the law of nature. This law is founded in those relations of justice which existed in the nature of things prior to any positive precept; that is, it is a perfect rule for all rational and moral beings, and is right in itself, without depending on any positive command to make it so. It is that eternal law of right to which God himself conforms. Man, as a social being, is subject to the same law. He is in a mea sure dependent on his fellow beings. All men being created equal, each is bound by the unchangeable principles of natural justice, to render to all others that assistance which is necessary to make them as happy as himself.

$21. The law of revelation is that which is found in the Holy Scriptures, in which Divine Providence has directly revealed his will to mankind. This law is designed to aid man, in his present imperfect state, in acquiring a know.

§ 19. What is law? § 20. What is meant by the law of nature? 21. What is the law of revelation? What is the tendency of these

ledge of his duty to his Maker, and to his fellow men. This revealed or divine law agrees with the original law of nature. Both originate from the same source, are equally binding, and tend alike to promote the good of mankind. All human laws derive their force from the laws of nature and revelation; and so far as they are contrary to the natural or divine law, they are not morally binding upon men.

§22. Law, as the word is generally used, has reference to the government of men as members of the body politic; and signifies an established rule, prescribed by a competent authority in the state, commanding what its citizens are to do, and prohibiting what they are not to do. As it is designed to regulate the conduct of the members of a community, and to secure to them their civil rights, it is called municipal, or civil law. Civil law originally signified the Roman law; and it is sometimes still used to designate that law. Municipal, derived from a Latin word, had reference to the particular customs of a single municipium, or free town; but it is now, with sufficient propriety, applied to a state or nation governed by the same laws and customs.

§ 23. Of municipal or civil law there are two kinds; the written law, and the unwritten or common law. A written law is a law or rule prescribed or enacted by authority, and published and recorded in writing. It means nearly the same as statute. Statute is usually applied to acts of a legislative body consisting of representatives. In a monarchy, the laws of a sovereign are called edicts, decrees, ordinances. The common law is not written: it is founded on the principles of justice, and derives its binding force from long usage, established customs, and the consent of the nation. The common law of England was brought hither by our ancestors; and it is still the law of this country, except such portions as have been repealed by positive enactments or

statutes.

§ 24. As all mankind cannot be united in a single community, they must necessarily divide into many, and form separate states and nations, independent of each other, and

laws? § 22. To what has law generally reference? What is it called when used in this sense? § 23. Define written law, and common law. § 24. What is meant by the law of nations? Whence arises.

yet, of necessity, maintaining a mutual intercourse. Hence arises another kind of law, called the law of nations. The laws of nations are those rules by which nations regulate their conduct towards each other. Writers on the laws of nations have divided them into three kinds: the natural, the conventional, and the customary laws of nations.

The law

§ 25. The natural law of nations is the law of nature applied to nations or states as moral persons. It is also called the necessary law of nations, because nations are absolutely obliged to observe it; and it is called the internal law of nations from its being binding on the conscience. of nature applied to the affairs of nations, as well as when applied to the affairs of individual persons, aims at the general good of mankind. It requires each nation to do for others what their necessities demand, and what it is capable of doing, without neglecting the duties it owes to itself.

§ 26. But there are cases in which the law of nature is not applicable to states as to individuals. The individual members of a community are associated for their mutual benefit, under laws by which they agree to be governed. But as nations are independent of each other, each is the sole judge of its rights, and of the means and manner of obtain. ing satisfaction for injuries done by others. In disputes be tween two nations, each may judge for itself what its duty requires; and no other has a right to interfere otherwise than by peaceably endeavoring to reconcile the parties.

§ 27. A law of nations is conventional, when it is estab lished by leagues or treaties. A convention is an assembly of persons who meet for civil or political purposes. Any agreement or contract between nations is deemed conven. tional, even though entered into without a formal meeting. A treaty is a bargain or contract between nations, by which they mutually promise to regulate their intercourse. This agreement is made by one or more persons appointed by each party, who meet for the purpose; and it becomes bind. ing whenever it shall have been sanctioned or ratified by the governments of the respective parties.

their necessity? § 25. What is the natural law of nations? §26. Why is not the law of nature in all cases applicable to states as to indivi. duals? 27. When is the law of nations called conventional? What

§ 28. The customary law of nations is founded on usages and customs which have been long observed, and tacitly consented to, by nations. Any custom that has thus become established by long usage, is deemed binding upon all who have adopted it, until they expressly declare that they will no longer adhere to it. But no custom, however long observed, can have any binding effect, if its observance require the violation of a natural law; and such custom should be abandoned.

CHAPTER IV.

Different Forms of Government.

§ 29. THE design of every government is, or ought to be, to promote, in the highest degree, the general happiness and welfare of its citizens; and that must be considered the best form of government, which, when well administered, conduces most to this end: and from what has been said in the preceding chapters, it may be concluded, that this object is most nearly attained, when the members of a community enjoy the greatest freedom in the exercise of their natural rights. Very few, however, of the governments which have hitherto existed, have been well adapted to this purpose.

§ 30. Every government of which we have knowledge, is in some respects different from every other; though some writers have reduced all governments into three classes, monarchy, aristocracy, and democracy. But as these seve ral forms of government have undergone material changes; and as in many of them some of the principles of each of these kinds of government are combined; a regular classification of them is perhaps impossible; and it cannot be very important. Governments may, however, be said to be either arbitrary, as when supreme or absolute power is exercised

is a convention? A treaty? § 28. What is meant by the customary law of nations? How long is it binding?

§ 29 What ought to be the design of every government? § 30.

by one man or a single body of men; free, as when the people govern themselves; or mixed, when the powers of government are divided between a king or other privileged persons, and men who are elected by the common people to represent them.

31. A monarchy is a state or government in which supreme power is lodged in the hands of a single person. Such a state is usually called a kingdom, or an empire. This name is generally given to a large state only. The name of monarchy is sometimes applied to a state or kingdom, in which the chief magistrate has not supreme power; but in which he is limited by a constitution or laws. Hence we speak of despotic or absolute monarchies, and of limited or mixed monarchies.

§ 32. In a despotism, absolute power is exercised by one man, who has no guide but his own will. Despot is a word of Greek origin, signifying master, or lord. At a later period it became an honorary title, given by the Greek emperors to their sons and sons-in-law, when governors of provinces. At present it means an absolute ruler, as the emperor of Russia. In a narrower sense, it conveys the idea of tyranny. Tyrant, also, is of Greek origin, and has nearly the same meaning as despot, signifying king, or absolute ruler. These words had not originally the bad signification which is now attached to them. But as those who possess unlimited power usually abuse it, these words came at length to signify abuser of power.

§33. Turkey and Russia are despotic in a high degree. In Turkey, the sultan has unlimited control over the property and lives of his subjects, especially the highest officers of state, whom he can remove or put to death at his will. He makes laws, but is not subject to them. He is restrained only by the Koran and the fear of rebellion. The Koran is the bible of the Mahometans, containing the pretended revelations of their prophet. The people have no political rights; and such is their ignorance, that they seem not to know that they could be in a better condition.

What different classes of government exist? § 31. What is a monarchy? § 32. What is a despotism? Define despot and tyrant. § 33. What particular governments are despotic? What is the Koran?