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26. These are the eternal and unchangeable laws of good and evil to which the Creator himself conforms; and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions. Among the principles of these laws are the following: That we should live honestly, should hurt nobody, and should render to every one his due. And in order to prompt men to pursue the rule of right, the Creator has been pleased to make their happiness depend on the practice of this rule. This law of nature is superior to all other laws. It is binding in all countries, and at all times; and no human laws which are contrary to it, are of any validity.

27. If man's reason were always, as before his transgression, clear and perfect, and unclouded by prejudice, he would need no other guide: but his moral faculties having been impaired, Divine Providence, in compassion to the frailty, imperfection and blindness of human reason, has been pleased to discover and enforce his laws by immediate and direct revelation. The doctrines thus delivered are called the revealed or divine law, and are found in the Holy Scriptures. These precepts agree with the original law of nature. Both originate from the same source, are of equal obligation, and tend alike to promote the good of mankind.

28. Upon these two foundations, the law of nature and the law of revelation, all human laws depend: that is to say, no human laws should be suffered to contradict these. If any human law should enjoin us to do any thing that is forbidden by the natural or divine law, we are bound to transgress that human law. But in regard to matters which are neither commanded nor forbidden by those superior laws, a human legislature may make an action unlawful which before was not so. If the congress of the United States should pass a law, prohibiting the importa

of nature? 25. What are some of the principles of the law of nature? What is the extent of its obligation? 27. What is the revealed or divine law? With what other law does it agree? To what do the laws of nature and of revelation tend? 28. On what

tion of a certain commodity from a foreign country, the importation of such commodity would be an unlawful act, although in itself not unlawful, being neither commanded nor forbidden by a superior law.

29. Municipal or civil law, as defined by Blackstone, is a rule by which particular districts, communities or nations are governed; a rule of civil conduct prescribed by the supreme power of a state, commanding what is right, and prohibiting what is wrong. Municipal, derived from a Latin word, had reference to the particular customs of one single municipium or free town; yet it is with sufficient propriety applied to a state or nation which is gov. erned by the same laws and customs.

30. But the definition of municipal law, as given by the celebrated English commentator, is not strictly correct when applied to municipal law in a free government, where absolute and unlimited power is not committed to any one of its organs. A discriminating American author gives the following as a more accurate definition : Municipal law is a rule of civil conduct prescribed by a competent authority in the state, enjoining what ought to be done, and prohibiting what ought not to be done."

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31. Chancellor Kent, in his commentaries on American law, observes: "The principle in the English government, that the parliament is omnipotent, does not prevail in the United States; though, if there be no constitutional objection to a statute, it is with us as absolute and uncontrollable as laws flowing from the sovereign. power under any other form of government. But in this, and in all other countries, where there is a written constitution designating the powers and duties of the legislative, as well as of the other departments of the government, an act of the legislature may be void as being against the constitution."

laws do human laws depend for their validity? 29. How is municipal or civil law defined? 30. What other definition is given to it? 31. What difference in the nature of the English and United States' governments, renders this distinction necessary as applied to the

32. As it is impossible for the whole race of mankind to be united in one great society, they must necessarily divide into many, and form separate states and nations, entirely independent of each other, and yet liable to mutual intercourse. Hence arises another kind of law, called the law of nations. This law is defined to be "the science of the law subsisting between nations and states, and of the obligations that flow from it." It is properly divided into three kinds: First, the necessary or internal law of nations; secondly, the conventional; and thirdly, the customary law of nations.

33. The internal law of nations is the law of nature applied to nations or states as moral persons. This law is called necessary, because nations are absolutely obliged to observe it. It is called internal, as it is obligatory in point of conscience. It is also termed the natural law of nations. The law of nature as applied to nations, as well as when applied to individuals, aims at the general good of mankind. It requires them to do for others what their necessities demand, and what they are capable of doing, without neglecting the duties they owe to themselves. So far as the law of nations is founded on the principles of natural law, it is equally binding in every age, and upon all mankind.

34. There are, however, some cases in which the law of nature is not applied to states as to individuals, as the subjects are different from each other. 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, each is the sole judge of its rights, of the violation of these rights by others, and of the mode of redress. In case a dispute arises between two nations, no other is permitted to impose constraint on either party. Each has the liberty of judging what its duty requires.

respective governments? 32. What is understood by the law of nations? Whence does it arise? 33. What is the internal law of nations? Why is it called necessary? Why internal? What are the nature and objects of this law? 34. Why is not the law of nature applied, in all cases, to nations as to individuals? 35. How

35. Obligation is distinguished into internal and external. It is internal, as it binds the conscience, and comprehends the rule of duty: it is external, as it is considered relatively to other men, and as some right flows from it. External obligation is divided into perfect and imperfect, as is also the right produced by such obligation. The perfect obligation is that which produces a right to constrain him on whom the obligation rests, to fulfil it; the imperfect gives only a right to demand. The obligations and rights of nations are therefore imperfect: each has the liberty of judging what its duty requires, and of doing as it chooses, without being obliged by another to do otherwise.

36. The law of nations is conventional, when it is established by treaties, leagues or agreements. A treaty is a bargain or agreement between two nations, by which they mutually promise to be governed in their conduct toward each other. This law is also called the arbitrary law of nations. It is fully obligatory on the contracting parties, so far as it does not violate the rights of others, or the duties which each owes to itself.

37. The customary law of nations is founded on a tacit consent of those nations that have observed it with respect to each other, and is mutually binding on all who have adopted it, until they expressly declare that they will not adhere to it. No custom, however, though it may have been established by long and universal usage, is of any force, if its observance requires the violation of a natural law; and such custom should be abandoned.

is obligation distinguished? How is it internal? and how external? What is perfect obligation? and what imperfect? 36. When is the law of nations conventional? Why is it called arbitrary? What is a treaty? 37. What is the customary law of nations?

CHAPTER IV.

Of the different Forms of Government.

38. GOVERNMENT, in a political sense, is that form of fundamental rules and principles by which a state or nation is governed, or by which the members of a body politic are to regulate their social actions. By government is also meant the administration of public affairs, according to established constitutions, laws and usages.

39. The object of government is to secure to the members of a community the enjoyment of their natural rights. As every government is designed to promote the happiness and well being of its citizens, that government must be the best which conduces most to this end. Governments, good or bad, have existed in all ages.

40. The most common forms of government are the following:

(1.) A despotism; in which arbitrary power is exercised by one man. 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 the possessor of uncontrolled power usually abuses it, they came at length to signify abuser of power.

41. Turkey and Russsia 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

38. What is the meaning of government? 39. What is its object? 40. What is a despotism? What is the origin of the words despot and tyrant? 41. What power does the sultan possess? What is

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