superior to all other power in the state. Thus, in a despotism, sovereignty is said to reside in the king or supreme ruler, who is called the sovereign. In a democracy, where the people possess the power of governing themselves, the people are called sovereign. In the strict sense of the term, however, sovereignty, or unlimited, supreme power, is to be found in those governments only in which the power is exercised by one man, or a single body of men.

§ 40. In mixed, as well as in free governments, power is limited and regulated by a constitution, or charter. A constitution is the fundamental law of a state or kingdom. It is called the fundamental law, because it is the foundation of all other laws; that is, all laws subsequently enacted must conform to this law. A constitution has also the nature of a contract, as it expresses the terms by which the citizens of a state mutually agree to be governed. The fundamental law of France is called a charter, which is a written instrument conferring certain powers and privileges. In Great Britain it is called a constitution, but it is not written. It consists of the aggregate of laws, principles, and usages which have been formed in the course of ages, and have become established by long observance or general sanction.

§ 41. A proper distribution and limitation of the powers of government is of the highest importance. By the distri bution and limitation of power, is meant the division of the political and civil powers of a government, and the assigning of each particular class of powers and duties to separate agents. These several agents or branches of the govern ment hold a check upon each other; and all are accountable to the people from whom they derive their power; and the people themselves, as well as their agents, are restrained by the constitution.

§ 42. The division and limitation of the powers of government have been most happily effected by the constitution of the United States. The political power, that of forming or altering the constitution, the political laws, and of electing the officers of government, is retained and exercised by the

§ 40. How is power limited in mixed and free governments? What is a constitution? A charter? § 41. What is meant by the distribution and limitation of power? § 42. What is political power? Civil

people themselves. Another kind of power is that of making and administering laws for regulating the civil conduct of the citizens, called the civil power. Again the civil power is divided, and the several duties assigned to separate and distinct organs: to one of these is entrusted the power of enacting laws, called the legislative power; to another, the executive power, or the power to execute and administer the laws; and to another the power of judging of and applying the laws, called the judicial power. These several depositories of power are so constituted as to ensure an independent and faithful discharge of their duties.

§ 43. In the mixed governments before mentioned, the civil power is divided and exercised in nearly the same manner as in this country. The civil institutions of Great Britain, especially, are in a great degree similar to our own. Indeed, ours may truly be said to be but an improvement of the model furnished by England. There is in both governments a separation of the legislative, executive, and judicial powers; and each of these powers, in both, is subject to nearly the same restrictions and limitations.

§ 44. There are material defects, however, in the g vernment of these limited monarchies. These defects consist chiefly in the limited extent to which political rights are enjoyed by the people, and in the want of a separation of the political and civil powers of the government. The election of the chief magistrate and the members of the higher branch of the legislature, are political rights which are denied to the people. The king obtains his power by hereditary right, or right of birth; that is, he inherits it as property from his ancestors, and retains it by right during life. Thus he acquires and holds official power, independently of the people, and often contrary to their wishes. The nobles and peers also are independent of the people, obtaining their official power by right of birth, or by appointment of the king.

§ 45. The other defect in mixed governments is the absence of a proper distinction between the political and civil

power? How is the civil power divided? § 43. How is the civil power divided in England? § 44. In what respects are mixed governments defective? § 45. What other defect? § 46. What is the fault

powers. Their legislatures possess both the civil and polit ical powers of legislation. They have the same power to make or alter a law that relates to the constitution, as to enact or repeal laws that relate to the civil administration. Their laws cannot therefore be adjudged unconstitutional.

§ 46. Other forms of government are in these particulars still more defective. In a despotic government, as the people enjoy no political rights, there are no political laws binding on the ruler. In a democracy, each citizen has an equal voice in passing all laws, both of a civil and political nature, and in the appointment of those who administer the laws. Thus enjoying political liberty without restraint, the government will be unstable as the popular sentiment; the laws are liable to change as often as every new faction predominates; and generally the minority are made to suffer from oppressive and unequal laws.

§ 47. In a representative form of government, in which the political rights of the people, and the civil powers of the government, are separately exercised, the evils incident to other governments are happily avoided. The government of the United States, in this, as in many other respects, furnishes an example of the superiority of this form of government over every other. The constitution wisely provides for the security of civil liberty, while it lays all necessary restraint upon the exercise of political power. It effectually and entirely separates the political from the civil power, reserving the former to the people. It divides the civil powers into legislative, executive, and judicial, defines the powers which belong to these several branches of the government, and confines each within its appropriate sphere of action. This system has been satisfactorily tested by the people of the United States, and is justly regarded as a model of government to other nations.

of a despotic government in this respect? Of a democracy? § 47. What are the characteristics of a representative form of government?

CHAPTER VI.

The manner in which Political Power is exercised.

§ 48. For the more convenient exercise of political power, as well as for the civil administration, a state of considerable extent must be divided into districts of smaller territory. Indeed, without such division, the purposes of government could not be carried into effect. It has been remarked, that the people of a state, being too numerous to meet in one vast assembly to make laws and transact the public business, elect a small number to represent them. But to elect these representatives and other officers, and to make the constitu tional or fundamental law of the state, are political duties, which must be performed in a personal and collective capacity. Hence the necessity of small territorial divisions, in which the people may assemble within their respective districts for political purposes.

§ 49. The smallest division of a state is into towns. Several of these compose a county, and several counties the state. These districts correspond to similar institutions in England, the country of our ancestors. Counties and towns are incorporated by a general law of the state. Like all other corporations they have the power of acting under one name, and of managing their local concerns.

§ 50. Of equal necessity are these divisions to facilitate the civil administration. The general law-making power of a state cannot extend its supervision to all the minute interests which are continually springing up in every section of the state. Besides, these minor concerns can generally be best regulated by some competent authority in the neighborhood where they arise. No less does the effectual dispensation of justice require such a division. A single state court could not investigate all the cases which would be brought before it for adjudication. Persons obliged to have recourse to the laws to obtain satisfaction for wrongs, would either sustain farther injury by delay, or entirely fail of ob

§ 48. Why is the division of a state necessary? § 49. How is a state divided? § 50. Describe the conveniences of a division of

taining justice. Crime would be encouraged and multiplied, because offenders, in many cases, must needs go unpunished. And witnesses, as well as parties to suits at law, would be subjected to much inconvenience and expense in attending court from the remote parts of the state.

With these brief and general observations on the necessity of the division of a state into towns and counties for civil and political purposes, we shall proceed to show the manner in which political and civil powers are exercised by the people of the United States.

§51. First, political power. Perhaps the most important act in which the people of a state exercise their political rights, is that of making and establishing a constitution, or form of government. It is important, because it is to be the guide of those to whom the administration of the govern ment shall be committed, and must consequently affect, favorably or unfavorably, the interests of every citizen.

§ 52. A state constitution is generally formed in nearly the following manner: A number of delegates, as they are usually called, corresponding generally to the number of representatives which compose the legislature of the state, represent the inhabitants of the several towns or counties, and are chosen by the electors in the same manner as representatives in the state legislature are chosen. These delegates meet in convention, and agree upon a form of rules for the government of the state. These rules, which have the nature of articles of agreement between the citizens, are then proposed to the people for their adoption. The people, after having had sufficient time to consider these articles, again meet in their respective towns, and vote directly for or against the proposed constitution. If a majority of the electors vote in favor of its adoption, it is declared to be the constitution of the state.

53. Again, political power is exercised in electing the public officers, required by the constitution or by law to be elected by the people, to serve in the several administrations of state, counties, and towns. The electors meet in their

state for civil purposes. § 51. What is the first act of political power? § 52. Describe the manner of forming a state constitution. § 53. For what other purpose is political power exercised? Describe the manner