lishing a government of their own, insert this provision in their constitution.

§ 10. A person committed, confined, or restrained of his liberty for a supposed criminal matter, or under any pretence whatsoever, may, before the final judgment of a court is pronounced against him, petition a competent court or judge, stating the cause of complaint. The judge then issues a writ against the party complained of, commanding him to bring before the court or judge, the body of the person confined; and if he shall refuse to do so, he may be imprisoned. If, upon examination, it appears that the complainant has been illegally confined, the judge may discharge him.

§ 11. Liberty of conscience is the liberty to discuss and maintain our religious opinions, and to worship God in such manner as we believe most acceptable to him. History informs us of many countries in which the people have been prohibited the enjoyment of this most valuable of all human rights. Even in some called Christian, thousands have been put to death for the expression of their religious opinions. § 12. But the rights of conscience are now more extensively tolerated. In some countries, however, there is still what is called an established religion; that is, some religious denomination receives the support of the government, as in Great Britain. This is called " a union of church and state." But in this country the government does not interfere in religious matters, except to protect and secure to every denomination, "without discrimination or preference, the free exercise and enjoyment of religious worship."

EXERCISES.

§ 1. By what instrument are our most valuable rights secured?

§ 2. What is implied in "liberty of speech and of the

press

§ 3. What restrictions upon this liberty formerly prevailed in other countries ?

§ 4. May men in this country speak and publish of others what they please? Is any restraint of this kind an abridgment of a man's national rights? Why not?

§ 5. What is the difference between slander and libel? Which is the greater offence?

§ 6. Does common law make a distinction between true and false statements as to their constituting a libel?

§ 7. What provisions have been made in this country in this respect?

8. Is a person liable to the same extent for slander as for libel?

§ 9. Define habeas corpus. How came this right to exist in this country?

§ 10. Describe the nature and effect of a writ of habeas corpus.

§ 11. What is liberty of conscience? Can you name any countries in which men have suffered death for expressing their religious opinions?

§ 12. Can you name any countries where any form of religion is patronized by government?

CHAPTER XLIV.

Of the Government of the United States.

§ 1. Ir has been attempted, in the foregoing chapters, to illustrate, in a clear and familiar manner, the principles of civil institutions in their application to the goverment of the states. If the young reader has carefully studied these chapters, it is presumed he now understands how the powers of government in a state are divided; and by whom and in what manner these powers are exercised; and what are his rights and duties as a citizen of the state in which he resides.

§ 2. It will be next in order to treat of the government of the United States, and to show what are our relations to it; for the youngest student in political science probably knows, that while he is a citizen of a state, and is subject to its government and laws, he is at the same time a citizen of the United States. And as he is subject also to the laws and government of the United States, and will soon have duties to discharge as a citizen under this government, it is neces

sary to know what relation he sustains to the same, and also what relation the state governments and the government of the United States bear to each other.

§ 3. The government of this country is complicated. Not only is there a complete government in each of the thirty states of the Union to which the people are subject, but the people of these several states are united in one general government, whose powers control, in certain matters, the people and governments of the states. The form of this govern ment is similar to that of state governments, its powers being divided into legislative, executive and judicial; and its constitution is called the "Constitution of the United States." The people of the states being thus incorporated into one great nation under a general constitution, this government is sometimes called the national government. The several states being united in a confederacy, the government is also called the federal government; the word federal being derived from the Latin, fœdus, and signifying a league, or contract, or alliance.

§ 4. To learn the nature of the general government, and our relations to it as citizens of the United States, we must go back to the time when the American colonies were subject to great Britain. The colonies, though they were all subject to that country, had no political connection with each other. They were, in this respect, as independent of each other as so many different nations. Hence there was no such thing as being a citizen of the United States. Every person was only a citizen of the state in which he resided.

§ 5. During the controversy with Great Britain, it became necessary for the colonies to agree upon some general measures of defence. For this purpose, the first great continental congress, composed of delegates from the several colonies, met at Philadelphia on the 4th of September, 1774. The next year, in May, another congress met to propose and to adopt such farther measures as the state of the country might require; and the same congress, on the 4th of July, 1776, declared the colonies to be "free and independent states."

§ 6. This declaration was called "The unanimous Declaration of the United States of America:" but the states were

united only in certain measures of safety. There was no government which exercised authority over the states. The people were subject to their respective state governments only. They were not yet incorporated into one nation for the purpose of government, as now, under a constitution. Hence, they were not yet properly citizens of the United States.

§ 7. To provide effectually for the future security, as well as the immediate safety of the American people, congress deemed it necessary that there should be a union of the states under some general government; and in November, 1777, that body agreed upon a plan of union. The articles were called "Articles of Confederation and perpetual Union between the States;" and were to go into effect when adopted by the legislatures of all the states. Some of the states were slow to agree to the articles; but they were finally adopted, March 1, 1781.

§ 8. The states were now united in a kind of national government, but it was not such a one as the present; as will appear by noticing a few points of difference between them. In the first place they were different in form. The confederation was merely a union of states. It had not, as the national government now has, the three departments of power, legislative, executive and judicial. It had only a legislature, and that consisted of a single body, called congress; and to this congress the several states were entitled to send an equal number of delegates, which number must be at least two and not exceeding seven.

§ 9. The nature of that union as a mere confederation of states, appears farther from the manner in which questions were determined by congress. A question was not decided by a majority of the delegates voting in its favor, but by a majority of states. If a majority of the delegates of any state voted in favor of a measure, that state was set down in the affirmative; but if a majority voted against the measure, the state was placed in the negative. Thus each state gave but one vote; and a question having in its favor a majority of the states, was declared to be carried. If an equal number of the delegates of a state voted for and against a proposition, such state was said to be divided, having no vote.

So also a vote of a state was not counted if there were not at least two delegates present and voting.

§ 10. That government differed from the present also in regard to its powers. The confederation was a very weak government. Its powers were vested in congress. The congress was to manage the common affairs of the nation, and to enact such laws (if laws they might be called) as should be deemed necessary; but a main defect in the system was, that congress had no power to carry its requisitions

into effect.

§ 11. For example, it belonged to congress to ascertain the number of men and the sums of money to be raised to carry on the war, and to call on each state to raise its due share; but congress could not compel a state to do so. The government had no power to lay and collect taxes; it was dependent upon the states for raising the money to defray the public expenses. It could, and did, to some extent, borrow money in its own name, on the credit of the Union; but it had not the means of repaying the money so borrowed. The power being reserved to the states to lay the taxes, it depended upon the good will of each of the legislatures of the thirteen independent states whether a measure of defence could be carried into operation. Indeed, in some few instances, states either refused, or reluctantly yielded compliance with the orders of the federal government.

§ 12. It may be asked, how so weak a government could keep the states united. Probably it could not have done so but for the peculiar condition of the country at that time; for it appears that after the return of peace this government was found very inefficient. The plan was devised in a time of war, and had respect to the operations of war rather than to a state of peace; and a regard to their own safety induced the states to obey the orders of congress. It was therefore a sense of danger from abroad, rather than any power in the government, that kept the states together.

§ 13. The case of the states at that time was like that of persons who readily unite in resisting a common danger, or in pursuing a common interest; but when the danger is passed, and the desired object attained, their union and friendship are easily broken. So it was with the states.

The war