ance with the directions of a writ, due and regular in form and issuing from a court of competent jurisdiction, and does not exceed its mandates, the law protects him against personal liability for the consequences of his acts, although they work injury to private rights.15 But not so if he uses his official position or the process of the courts to oppress or injure persons from private motives or for private gain. A postmaster who receives a letter with direc tions to send it by registered mail, and does not register it, whereby the letter is lost, is liable in damages to the sender.1 And so, in general, is any officer whose services the public have a right to demand, and who unjustifiably neglects or refuses to perform the duties laid upon him by law. 15 Sample v. Broadwell, 87 Ill. 617; Watson v. Watson, 9 Conn. 140; Wilmarth v. Burt, 7 Metc. (Mass.) 257. 14 Fitzgerald v. Burrill, 106 Mass. 446. 10. The United States of America is a nation, possessing the character and attributes of sovereignty and independ ence. 11. Politically speaking, the United States is a union of separate commonwealths, called "states." Territorially it includes: (a) The states. (b) The territories. (c) The District of Columbia. Definition of "Nation." A nation is a people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. Besides the element of autonomy or self-government, that is, the independence of the community as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the constitution of a nation that it should be an organized jural society, that is, both governing its members by regular laws, and defining and protecting their rights, and re specting the rights and duties which attach to it as a constituent member of the family of nations. The word "nation" is to be distinguished from the related terms "people," "state," and "government." The people constitute the nation. But when we speak of the people, we use the term to designate those who live within the territory of the nation and who belong to it by such residence and by race and community of customs and characteristics, without implying the idea of government. The word "nation" adds to this conception the idea that the "people" are organized into a jural society and occupy a position among the independent powers of the earth. But the term "nation" is more nearly synonymous with "the people" than is the word "state." The last term denotes a single homogeneous political society, or body politic, organized and administered under one government and one system of law. It is not so much used to characterize the inhabitants of the country, as to convey the idea of the government as a unit. A nation may be politically divided into several states, as was formerly the case in Italy. And conversely, one state may comprise several nations or parts of nations, as is the case in the Austro-Hungarian Empire. But such conditions are anomalous. Normally, the nation and the state are the same. The word "government" is properly used to denote either the act of administering the political affairs of a state, or the system of polity therein prevailing, or the aggregate of persons who, for the time being, are intrusted with the administration. of the executive, legislative, and judicial business of the state. The United States a Nation. From the foregoing it will easily be seen that the United States, considered as a unit, possesses all the characteristics and attributes, and is entitled to the designation, of a nation. It is composed of one people, united by language, customs, laws, and institutions, as well as by birth on the soil or adoption into the family of native citizens. It has the character of an organized jural society, governed, in all things concerning the whole people, by one system of law and one constitution. It occupies a distinct portion of the earth's surface. It acknowledges no political superior. It has also an inherent and absolute power of legislation; for a mo ment's reflection will show that the present apportionment of leg BL.CONST.L.-2 CHAPTER II. THE UNITED STATES AND THE STATES. 10-11. Nature of the American Union. 12. Sovereignty and Rights of the States. 13. Sovereignty of the People. 14. Form of Government in the United States. 16. Nature of the Federal Constitution. 17. The Constitution as a Grant of Powers. 18. The Constitution as the Supreme Law. NATURE OF THE AMERICAN UNION. 10. The United States of America is a nation, possessing the character and attributes of sovereignty and independ ence. 11. Politically speaking, the United States is a union of separate commonwealths, called "states." Territorially it includes: (a) The states. (b) The territories. (c) The District of Columbia. Definition of "Nation." A nation is a people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. Besides the element of autonomy or self-government, that is, the independence of the community as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the constitution of a nation that it should be an organized jural society, that is, both governing its members by regular laws, and defining and protecting their rights, and re specting the rights and duties which attach to it as a constituent member of the family of nations. The word "nation" is to be distinguished from the related terms "people," "state," and "government." The people constitute the nation. But when we speak of the people, we use the term to designate those who live within the territory of the nation and who belong to it by such residence and by race and community of customs and characteristics, without implying the idea of government. The word "nation" adds to this conception the idea that the "people" are organized into a jural society and occupy a position among the independent powers of the earth. But the term "nation" is more nearly synonymous with "the people" than is the word "state." The last term denotes a single homogeneous political society, or body politic, organized and administered under one government and one system of law. used to characterize the inhabitants of the vey the idea of the government as a unit. politically divided into several states, as was formerly the case in Italy. And conversely, one state may comprise several nations. or parts of nations, as is the case in the Austro-Hungarian Empire. But such conditions are anomalous. Normally, the nation and the state are the same. The word "government" is properly used to denote either the act of administering the political affairs of a state, or the system of polity therein prevailing, or the aggregate of persons who, for the time being, are intrusted with the administration of the executive, legislative, and judicial business of the state. The United States a Nation. It is not so much country, as to conA nation may be From the foregoing it will easily be seen that the United States,. considered as a unit, possesses all the characteristics and attributes, and is entitled to the designation, of a nation. It is composed of one people, united by language, customs, laws, and institutions, as well as by birth on the soil or adoption into the family of native citizens. It has the character of an organized jural society, governed, in all things concerning the whole people, by one system of law and one constitution. It occupies a distinct portion of the earth's surface. It acknowledges no political superior. It has also an inherent and absolute power of legislation; for a mo ment's reflection will show that the present apportionment of leg BL.CONST.L.-2 |