CHAPTER XIII.

RIGHTS AND DUTIES OF AMERICAN CITIZENS.

The study of federal, state and local institutions in the United States has brought out many of the rights of a citizen and the duties which he owes to the government under which he lives, and it is fitting in conclusion to briefly summarize these, in order that they may be more clearly understood.

Rights. The rights to which a citizen is justly entitled are included under two heads-his right to have a voice in the government, and his right to be protected. The former right is granted to an individual, when he is permitted under reasonable limitations to vote for public officers and to hold public office. It is the duty of the government to protect its citizens in the enjoyment of their inherent rights of life, liberty, reputation and property. The bills of rights in the federal and state constitutions compel the respective governments to secure to the individual these personal rights. This right of protection is not only his within the United States, but follows him wherever he goes, and if his natural rights are infringed in a foreign country he may justly require the full diplomatic and military power of the nation to protect him in them.

Duties; Support of Government. The duties of a citizen to his government may also be classified under two heads to support the government and to obey its laws. In support of the government a citizen is bound to contribute his share to the maintenance of its different

branches, and this he does by the payment of taxes, either directly or indirectly. If he fail to perform this duty the government compels him to do so, and in extraordinary cases he may be required to surrender his property for public uses. A citizen should further support the government by exercising his political rights. This he does by taking part in party primaries and by voting on election day. The chief danger to a republic and republican institutions lies in the primaries and elections being corrupted by dishonest and unscrupulous men for their own purposes and benefit. It is, therefore, the imperative duty of every citizen to attend the primaries of his party, to vote honestly and intelligently at elections, and to do all that he is able to secure the nomination and election of trustworthy and competent men to public office. Whenever the national or state government is menaced by foreign invasion or by insurrection at home it is the duty of a citizen to take up arms in its defense if his services are required and he is competent by reason of age and physical condition; and in case he fails to volunteer, the national government may, if necessary, compel him to serve (see Book I., pages 6 and 102), while, as we have seen, every able-bodied citizen of New York is, by its Constitution, a member of its militia and liable to be called upon at any time for active service. Furthermore, it is the duty of a citizen, when required by a sheriff, to serve upon the posse comitatus and aid him in preserving the peace or securing a criminal, and so, too, a citizen must assist a police officer, when the latter requests, in making an arrest or preventing violations of law. Of much the same character is the duty of a citizen to serve

as a juror in the federal and state courts and act impartially in the trial of cases, for the jury system is justly considered one of the strongest safeguards of personal rights and liberties.

Obedience. The obligation of a citizen to obey the laws is so evident as to need no discussion. It is even more important than the duty to support the government, for without obedience to law society would be in a constant state of disorder and anarchy. The police powers of the national, state and local governments which vest in the executivo branches are constantly employed to compel obedience, while the judicial branches impose upon those who are disobedient the penalties fixed by law.

Summary. There are then reciprocal duties imposed upon the government and upon its citizens, which each may justly demand of the other, and which are essential to the stability of society and the welfare of the individual. In brief, every citizen must support the government and obey its laws; and the government must permit every citizen to have a voice in public affairs and protect him in his inherent rights. Upon these mutual obligations of the state and the individual rest the entire fabric of our republican institutions.

APPENDIX.

THE CONSTITUTION OF THE STATE OF NEW YORK.

WE, THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.

ARTICLE I.

Section 1. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

§ 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

§3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

§ 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

§5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

§ 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury, and in any trial in

any court