were persons who feared that, because the constitution enumerated certain rights as belonging to the people, those not included in the enumeration were to be considered as having been surrendered to the general government. Although the nature of the constitution does not afford just ground for such an inference, the article was inserted to remove the scruples of those whose jealousy for the rights of the people had induced them to look upon the constitution with disfavor.

§ 10. The 10th amendment has nearly the same object as the preceding. "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." It has already been observed, that the constitution of the United States is an instrument of delegated, and consequently of limited powers; and that, as its powers are derived from the states, or from the people of the states, it necessarily follows, that all powers not delegated or conferred, are withheld, and belong to the states, or to the people. This article, therefore, is useful merely as declaring a rule of construction of the constitution, and as removing a material ground of opposition to it. But the granting of any power to congress does not forbid the exercise of a similar power by the states. The states retain such power, unless the constitution has in express terms given it exclusively to congress, or unless its exercise is prohibited to the states, or unless its exercise by the states is inconsistent with its exercise by congress.

§ 11. The 11th amendment was proposed at the first session of the third congress, March 5, 1794, and the announcement of its ratification by the constitutional number of states, was made by the president to congress in a message dated the 8th of January, 1798. This amendment declares that suits in law or equity shall not be "commenced or prosecuted against one of the states by citizens of another state." The 2d section of the 3d article of the constitution, extends the judicial power of the United States to controversies "between a state and citizens of another state and of foreign states." It became a question whether, under this provision, suits could be brought against a state, as well as by it. A majority of the supreme court so decided. As many suits were pending against several of the states; and as their liability to be frequently harassed by suits brought against

them created great alarm, this amendment was proposed and ratified, by which the right of private persons to bring or commence a suit against a state is taken away.

§ 12. The 12th and last amendment effects a change in the mode of electing the president and vice-president of the United States, and has been considered. (Chap. XXXIX.) This amendment was proposed at the first session of the eighth congress, December 12, 1803, and was adopted by the requisite number of states in 1804, according to a public notice by the secretary of state, dated the 25th of September of the same year.

COMMON AND STATUTORY LAW.

CHAPTER XLV.

RIGHTS OF PERSONS; FREEDOM OF SPEECH AND THE PRESS; HABEAS CORPUS ; LIBERTY OF CONSCIENCE.

§ 1. In the foregoing chapters, we have taken a general view of the government of a state, and of the government of the United States. We have seen how, in each of these governments, the several departments, legislative, executive, and judicial, are constituted, and what are the powers and duties of the officers in these departments; and how the general affairs of these governments are con ducted. We now proceed to give an abstract of the laws which more particularly define the rights, and prescribe the duties, of citizens in the social and domestic relations.

§2. The laws by which the rights of citizens are secured, and their social intercourse is regulated, are, first, statute laws, the laws enacted by the legislature, and duly published; secondly, the common law, which is not a code of written laws enacted by a legislature, but which consists of rules that have become binding by long usage and general custom. The comnon law of this country is the same as that of England, having been introduced and established

here while the people were subject to that country; and it is still considered the law in all cases in which it has not been altered or repealed by constitutional or legislative enactments.

§3. The rights of citizens are either rights of person or rights of property. By the rights of person, or personal rights, we mean the right to be free to think, speak, and act as we please, and the right to be secure from injury to our bodies or persons and our good names. The right of property is the right to acquire, hold, and enjoy property. All laws may therefore be considered as being intended to secure either the one or the other of these classes of rights.

§ 4. Among the most valuable rights of person, is the right of every citizen "freely to speak, write, and publish his sentiments" on all subjects; usually termed, “the liberty of speech and of the press." The word press is here used in its more comprehensive sense, denoting the general business of printing and publishing: hence, the liberty of the press is the free right to publish books or papers without restraint, except such as may be necessary to prevent infringements of the natural rights of other men.

§ 5. It was formerly common among the monarchical goveruments of Europe, to prohibit persons from speaking against the sovereign or his government. Books and papers could not be published until they had been examined and approved. The persons authorized to examine the manuscripts, were called censors. With the progress of free principles, however, these restrictions upon the freedom of speech and of the press have been, in most of these countries, essentially relaxed or entirely removed.

§ 6. In the United States, no law can be passed which shall prevent the humblest citizen from censuring the conduct of the highest officer of the government. Men may not, however, speak or publish against others whatever they please. While the constitution guaranties freedom of speech and of the press, it makes men "responsible for the abuse of that right." Without some restraint, men might, by false reports or malicious publications, injure the good name, the peace, or the property of others. Nor may they, in all cases, even speak the truth of others to their injury.

§ 7. To defame another by a false or malicious statement or report, is either slander or libel. When the offense con

sists in words spoken, it is slander; when in words written or printed, it is called libel. As a slander in writing or in print is generally more widely circulated, and likely to do greater injury, it is considered the greater offense. Hence damages may sometimes be recovered for slanderous words printed, when for the same words merely spoken, a suit could not be maintained. In case of slander, a man is liable only for damages in a civil action; but for libel, a person is not only liable for private damages, but he may also be indicted and tried as for other public offenses.

§ 8. By the common law of England, the libel was considered as great when the statement was true as when false, because the injury might be as great; therefore, when prosecuted for libel, a man was not allowed to prove to the jury the truth of his statement. But it may sometimes be proper to speak an unfavorable truth of others. In most of the states, therefore, it is provided by law or by their constitutions, that "the truth may be given in evidence to the jury; and if the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted." In the state of Vermont, however, and perhaps a few other states, if the party prosecuted proves the truth of his statement in any case, he is acquitted.

9. Another valuable personal right is the privilege of the "writ of habeas corpus." This is a Latin phrase, and means, have the body. This privilege was long enjoyed by the people of Great Britain before the settlement of the colonies, and by the colonists, as British subjects, to the time of their independence. It was natural, therefore, that the latter, in establishing governments for themselves, should insert in their constitutions a provision guarantying so valu able a right.

§ 10. A person committed, confined, or restrained of his liberty, for a supposed criminal matter, or under any pretense whatsoever, may, before the final judgment of a court is pronounced against him, petition a competent court or judge, stating the cause of complaint. The judge then. issues a writ against the party complained of, commanding him to bring before the court or judge, the body of the person confined; and if he shall refuse to do so, he may be imprisoned. If, upon examination, it appears that the com

plainant has been illegally confined, the judge may discharge him.

§ 11. Liberty of conscience is the liberty to discuss and maintain our religious opinions, and to worship God in such manner as we believe most acceptable to him. History informs us of countries in which the people have been prohibited the enjoyment of this most valuable of all human rights. Even in some called Christian, thousands have been put to death for the expression of their religious opinions. But the rights of conscience are now more extensively tolerated. In some countries, however, there is still an established religion; that is, some religious denomination receives the support of the government, as in Great Britain. This is called a union of church and state." But in this country, the government does not interfere in religious matters, except to secure to every denomination, "without discrimination or preference, the free exercise and enjoyment of religious worship."

CHAPTER XLVI.

DOMESTIC RELATIONS.-MARRIAGE, AND THE RELATION OF HUSBAND AND WIFE; PARENT AND CHILD; GUARDIAN AND WARD; MINORS; MASTERS, APPRENTICES AND SER

VANTS.

§ 1. To make a marriage contract binding, several things are necessary: Persons must have sufficient understanding to transact the common business of life; hence, lunatics and idiots cannot bind themselves in marriage. The parties must not be nearly related to each other. The laws of the states generally declare at what degrees of relationship persons are forbidden to marry. Persons must be of sufficient age. In states where the age of consent, (as it is called,) is not fixed by statute, the common law must govern, which allows males to contract marriage at the age of fourteen years, and females at the age of twelve. Persons must act freely. If the consent of either party has been