writ of habeas corpus shall be maintained; that no ex post facto law shall be passed nor the obligation of a contract be impaired. These are all rights created and secured by positive law. They are not absolutely essential to the existence of a highly developed political organism. Whether they shall be recognized and acted upon depends altogether upon the determination of the person or persons controling the will and force of the state. We may assert that every state should have such a bill of rights. We know, however, that it is wanting in many highly civilized states; but what is in point here is, that when we affirm that such a bill should be adopted, we are only affirming that the state should use its inherent power in a given way. Hamilton in the Federalist asserted that according to their primitive signification, as stipulations between kings and their subjects, abridging the prerogatives of the former, Bills of Right have no application to a constitution founded on the power of the people, and executed by their immediate representatives and servants. The Declaration of the Rights of Man, adopted by the National Assembly of France in 1789, asserts that men are born and remain free and equal in law; that the end of all political association is the preservation of natural rights; that the principle of all sovereignty resides in the nation; that liberty consists in the ability to do everything which shall not injure another, so that the exercise of the natural rights of each person is only limited by those which assure to other members of society the enjoyment of the same rights, and that these limits can only be determined by law; and so on, with a minute declaration of general principles which are admirable, and could be applied under any form of government. But the members of this Assembly knew very well that this declaration of abstractions would be utterly valueless, unless they themselves had the supreme power of the nation at their command, and so, on the same day, they proceeded to enact in the new Constitution that the government was monarchical, but at the same time that the National Assembly should be permanent; that all legislative power should reside in it, and that, though the king could refuse his assent to laws passed by the Assembly, yet that his veto had only a suspensive effect, and could be overruled by a succeeding Assembly. Thus actual sovereignty was lodged in the legislative body, and, as this body was the creator of the Constitution and could annul it, the Declaration of Rights imposed no limitation upon its power, and was in effect no more than a political homily addressed to the nation, pointing out certain things it should or should not do. Rights, as the creation of public or private law, vary as the will of the nation varies, and their consideration falls, therefore, not in the realm of analytical politics, which deals with the nature and organization of the nation, but in the realm of practical politics, which deals with what the state wills and does, or should will and should do. INDEX. ABSOLUTISM not incompatible with the " greatest number," 2. 'greatest good of the Achaia, League of, its territory and constitution, 254, 255; Poly- bius on, 255. Adoption, 60. Allegiance to a state and to the United States, 31. Alliances of states, 224. Amendment of the constitution, in the United States, 145-151; power of congress extended by, 247; in the German Empire, Amphictyonic assembly, 10. Antagonistic elements in society, 174. Appointments, President's function in, 183; senate's function in, Aristocracy, 40; love of, in England, 285. Aristotle, on the nature of the state, 28 ; on man's political nature, Articles of Confederation [See Confederation]. Aryans, early institutions of the, 71. Asiatic empires, lacked national unity, II; political growth in, Assembly in Virginia, first legislative, 97; representatives to, 100. Austria, upper house of, 166; influence of her rivalry with Prussia Bagehot, Walter, on nation-making, 24. Balance of power in a government, movement of, 208; in the Ger- Baltimore, Lord, 118-120. Bancroft, Archbishop, 101. Bancroft, Geo., on the Mayflower covenant, 103. Bentham, 34. Bicameral system, 164-178; advantage of, 177. Bismarck defines the chancellor's power in legislation, 160. Brewster and Robinson, 10I. British colonies in America, sovereignty over, 36; political develop- Bundesrath, its function, in legislation, 188; composition of, 226. Burgesses, House of, 1619, 98, 100. Burke, on taxing the Americans, 133; on the Revolution of 1688, Cabinet in England, 194, 222. Calhoun, on the impending crisis, 245. California, constitution of, 247. Calvin's plan of church government, 115. Canada, French in, 130; expedition against, 130; upper house of, 172. Carolina, settlement and "Constitutions" of, 120; several govern- ments in, 122; parties in, and government till the Revolu- Charters of Virginia Company, 91. Checks and balances, 208; in the government of the United States, Church, the, 72, 74; parish, support of, in England and New Citizen, of a state and of the United States, 30; in relation to City, the, in Greece and Italy, 10. |