yet, of necessity, maintaining a mutual intercourse. Hence arises another kind of law, called the law of nations. The laws of nations are those rules by which nations regulate their conduct towards each other. Writers on the laws of nations have divided them into three kinds: the natural, the conventional, and the customary laws of nations.

§ 25. The natural law of nations is the law of nature ap. plied to nations or states as moral persons. It is also called the necessary law of nations, because nations are absolutely obliged to observe it; and it is called the internal law of nations from its being binding on the conscience.

The law

of nature applied to the affairs of nations, as well as when applied to the affairs of individual persons, aims at the general good of mankind. It requires each nation to do for others what their necessities demand, and what it is capable of doing, without neglecting the duties it owes to itself.

§ 26. But there are cases in which the law of nature is not applicable to states as to individuals. The 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 of each other, each is the sole judge of its rights, and of the means and manner of obtaining satisfaction for injuries done by others. In disputes between two nations, each may judge for itself what its duty requires; and no other has a right to interfere otherwise than by peaceably endeavoring to reconcile the parties.

§ 27. A law of nations is conventional, when it is estab. lished by leagues or treaties. A convention is an assembly of persons who meet for civil or political purposes. Any agreement or contract between nations is deemed conven. tional, even though entered into without a formal meeting. A treaty is a bargain or contract between nations, by which they mutually promise to regulate their intercourse. agreement is made by one or more persons appointed by each party, who meet for the purpose; and it becomes binding whenever it shall have been sanctioned or ratified by the governments of the respective parties.

This

their necessity? 25. What is the natural law of nations? §26. Why is not the law of nature in all cases applicable to states as to indivi duals? 27. When is the law of nations called conventional? What

§ 28. The customary law of nations is founded on usages and customs which have been long observed, and tacitly consented to, by nations. Any custom that has thus become established by long usage, is deemed binding upon all who have adopted it, until they expressly declare that they will no longer adhere to it. But no custom, however long obscrved, can have any binding effect, if its observance re. quire the violation of a natural law; and such custom should be abandoned.

CHAPTER IV.

Different Forms of Government.

§ 29. THE design of every government is, or ought to be, to promote, in the highest degree, the general happiness and welfare of its citizens; and that must be considered the best form of government, which, when well administered, conduces most to this end: and from what has been said in the preceding chapters, it may be concluded, that this object is most nearly attained, when the members of a community enjoy the greatest freedom in the exercise of their naturai rights. Very few, however, of the governments which have hitherto existed, have been well adapted to this purpose.

§ 30. Every government of which we have knowledge, is in some respects different from every other; though some writers have reduced all governments into three classes, monarchy, aristocracy, and democracy. But as these several forms of government have undergone material changes; and as in many of them some of the principles of each of these kinds of government are combined; a regular classification of them is perhaps impossible; and it cannot be very important. Governments may, however, be said to be either arbitrary, as when supreme or absolute power is exercised

is a convention? A treaty? § 28. What is meant by the customary law of nations? How long is it binding?

§ 29 What ought to be the design of every government? § 30

by one man or a single body of men; free, as when the people govern themselves; or mixed, when the powers of government are divided between a king or other privileged persons, and men who are elected by the common people to represent them.

§ 31. A monarchy is a state or government in which supreme power is lodged in the hands of a single person. Such a state is usually called a kingdom, or an empire. This name is generally given to a large state only. The name of monarchy is sometimes applied to a state or kingdom, in which the chief magistrate has not supreme power; but in which he is limited by a constitution or laws. Hence we speak of despotic or absolute monarchies, and of limited or mixed monarchies.

§ 32. In a despotism, absolute power is exercised by one man, who has no guide but his own will. 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 those who possess unlimited power usually abuse it, these words came at length to signify abuser of power.

§ 33. Turkey and Russia 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 his will. He makes laws, but is not subject to them. He is restrained only by the Koran and the fear of rebellion. The Koran is the bible of the Mahometans, containing the pretended revelations of their prophet. The people have no political rights; and such is their ignorance, that they seem not to know that they could be in a better condition.

What different classes of government exist? § 31. What is a monarchy? § 32. What is a despotism? Define despot and tyrant. $33. What particular governments are despotic? What is the Koran?

§ 34. An aristocracy is a government in which supreme power is exercised by a privileged class of men, distinguished for their rank and wealth. The word is from the Greek, and means the government of the wisest or best. An oligarchy is a species of aristocracy. It is a government in which the supreme power is lodged in a few hands. This word is of similar origin, and signifies the government of a few. These words are now used in an odious sense.

§ 35. A limited monarchy is a government in which the people have some political rights. Great Britain and France are limited monarchies. In Great Britain the powers of government are in a king, nobles, and a body of men who represent the common people. The nobility are persons who are entitled by birth to the highest civil honors and privileges. These, with the archbishops and bishops, constitute the house of lords. The house of commons is composed of the representatives of cities, boroughs, and counties, and are chosen by persons possessing the property or quali fications required by law. These two branches of the gov ernment, when united in making laws, are called the parlia ment. All acts of parliament must be approved by the king before they become laws.

§ 36. In France, similar powers are exercised by a king, chamber of peers, and chamber of deputies. The king proposes the laws, makes appointments, and declares war. He nominates the peers, whose rank and dignity are somewhat similar to those of the English nobility. The deputies are elected by the electoral colleges. In the governments of Great Britain and France are combined the principles of monarchy, aristocracy, and democracy. They may therefore be called emphatically, mixed governments.

§ 37. A democracy is a form of government in which the supreme power is in the hands of the people collectively, or in which the people meet in one assembly, and enact and execute the laws. The governments of ancient Greece were democracies. Every freeman was a member of the legis

34. What is an aristocracy? An oligarchy? 35. What is a limited monarchy? By whom are the powers of government exercised in Great Britain? § 36. How are the powers of government divided in France? What kinds of governments are those of Great Britain and France? 37. What is a democracy? § 38. What is the govern

lature, and voted personally in the assembly of the people. But this cannot be done in a large community. An assembly composed of all the freemen of a single state of this union would be too numerous to transact business. In the small democracies of Greece, their legislative assemblies were so large as to render it impossible for them to act with due deliberation; and much confusion and disorder often prevailed in them. The word democracy is derived from the Greek, demos, people, and kratos, power, and means ruling by the people.

§38. The government of the United States, as well as that of each of the states composing the union, though often called a democracy, is more properly styled a republic. A republic is a state in which the powers of government are exercised by representatives elected by the people. Instead of enacting laws in person, the people choose a small number to represent them. Ours is therefore a representative republic; or it may with propriety be termed a representative democracy, as all power emanates from the people, though in part exercised through their representatives.

CHAPTER V.

Of Sovereignty-and of the Separation and Distribution of

the Political and Civil Powers.

§ 39. In all governments there is what is called a sovereign, or supreme power. The word sovereignty, when applied to a nation, means only its independence. A nation or state which has the right of making its own laws, and the right of making war and treaties with other nations, is called a sovereign or independent state. But in its application to the internal government of a state, the word sovereignty has a different meaning. It signifies supreme power; power

ment of the United States called? What is the difference between a republic and a pure democracy?

39. What is the meaning of sovereignty when applied to a na tion? What is it when applied to the internal government of a state?