constitution or legislation of the State, which prescribe the boundaries, offices and jurisdiction of each. Any change in these particulars of county or town organization can only be made by the Legislature of the State, though such measures are also frequently submitted to the vote of the citizens affected thereby. The town and county governments are therefore subordinate to that of the State.

THE STATES SUBORDINATE TO THE UNION.

5. Though the Federal Constitution carefully enumerates the several powers entrusted to the general Government, and forbids to the States the exercise of such as would conflict with them, leaving them otherwise free to enact such domestic laws as they please, yet it often happens that there is a collision between the laws of the two Governments. In order to prevent the consequences of such disagreement, which in Europe would generally lead to civil war, the Federal Constitution provides that "This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary nothwithstanding."*

6. You see now that confusion is avoided, and perfect system secured, by the constitutional order of precedence among the several Governments.

First in authority is the Constitution of the United States.

* Constitution of U. S., Art. VI, Sec. 2.

5. What is the provision in the Federal Constitution for preventing collisions between the several States and the Union? Which of theße governments takes precedence of the other?

6. State the order of precedence from the Union down?

Second.-Acts of Congress, and treaties made by the President and Senate with foreign Governments. Third. The Constitutions of the several States, each in its own State only.

Fourth.-Acts of the several Legislatures. Fifth.-Ordinances adopted by County Supervis ors, or by Municipal or Town Governments.

7. No ordinance passed by a town, city or county government will be binding if it conflicts with an Act of the State Legislature or State Constitution, or an Act of Congress or foreign treaty, or, above all, the Federal Consti

tution.

No Act of a State Legislature will be valid if it conflicts with its State Constitution, with an Act of Congress, with a foreign treaty, or the Federal Constitution.

No Act of the Federal Congress will be valid if it conflicts with the Federal Constitution.

ORDER IS HEAVEN'S FIRST LAW.

8. Thus, as their several moons revolve about the planets, and the planets around the sun, so the towns and counties are kept in their places by the States, and these in turn by the central Government at Washington. By the division and subdivision of territory, by the distribution of powers and responsibilities among numerous officers, and by the precedence of the several Governments, the whole American system is fitted together in such a manner as to accomplish all the objects of government without any danger to the liberties of the people. It is the greatest monument of State-craft ever erected by human wisdom. As in navigation, men first invented the raft, then the canoe, the galley, the sailing vessel, and lastly the steamer, so their ideas of government progressed slowly and gradually from the mili

7. State the limitations to the powers of each government from the town up?

tary despotism of the savage, up to American Republicanism. When men have so far relapsed into barbarism as to prefer the raft or the canoe to the swift and luxurious though complicated steamer, then only will it be consistent for them to abandon the highest form of political civilization for the old fashioned and imperfect makeshifts of monarchical misrule. May the day never dawn, when chaos shall displace the elaborate and polished order on which depend the peace and progress of our happy people.

NOTES.-Mr. Webster said; "The first object of a free people is the preservation of their liberty, and liberty is only to be preserved by maintaining constitutional restraints and just divisions of political power. Nothing is more deceptive or more dangerous than the pretence of a desire to simplify government. The simplest governments are despotisms; the next simplest, limited monarchies; but all republics, all governments of law must impose numerous limitations and qualifications of authority. In other words, they must be subject to rule and regulation. This is the very essence of free political institutions *** A separation of departments, so far as practicable, and the preservation of clear lines of division between them, is the fundamental idea in the creation of all our constitutions; and doubtless the continuance of regulated liberty depends on maintaining these boundaries." Works of Daniel Webster, Vol. IV, p. 122.

LESSON VII.

OF REPRESENTATION.

1. The word "Sovereign

means supreme in power; superior to all others; highest in power; chief; independent of, and unlimited by any other; possessing or entitled to original authority or jurisdiction."*

The word "Sovereignty" signifies the right to exercise supreme power.'

Now in any form of government in which the people,

* Webster.

1. Define the words " Sovereign," and "Sovereignty"? Sovereignty"? Where does Sovereignty reside in monarchical governments? What is the Sovereign power in England? Who is Sovereign in Russia? In Germany? In the United States? Why cannot Sovereignty be said to reside in any of the American Governments? The people being Sovereign, what than are the governments?

being subjects, are not consulted by their king, or other rulers, the Sovereignty resides in the Government. In Great Britain the Parliament is the sovereign power.* In Russia, the Czar. In Germany, the Emperor.

But in the American system the people are sovereign.† Their government is "by and for the people." We have seen that its distribution of powers and duties, and ever present checks and balances, among many constitutions, public officers, and districts, prevents either the Federal, the State, or subordinate governments from enjoying such supremacy as would comply with the definition of sovereignty. The people, therefore, being sovereign," their various political institutions are but the creatures of their will, or machines designed for the benefit of those who use them.

2. What is an agent?

"One who is entrusted with the business of another a substitute; a deputy."

What is a representative ?

"One who represents or stands in the place of anotheran agent; deputy, or substitute.” ‡

Thus, a lawyer is the agent or representative of his clients for transacting their business before the courts. A commission merchant is an agent or representative of distant parties for buying and selling goods. A bookkeeper is the agent of his employer for keeping his accounts.

3. What is the maxim of the law on the subject of agency?

"He who acts through another, acts himself." §

* First Blackstone, 51.

+ Cal. Political Code, sec. 30.

+ Webster.

§ Qui facit per alium facit per se.

2. What is an Agent? What is a Representative? Name some kinds of agency such as you are familiar with?

3. What is the maxim of the law on the subject of agency?

4. What saying of Jesus Christ was quoted in Lesson I, on the subject of Equality?

"He that is greatest among you shall be your servant." 5. What then is representation in the American system? It is the sending by the people, who are sovereign, of one man elected as the servant or agent of a great number, to vote, and act in their place and stead, in some special and limited capacity in the City, Town, County, State, or Federal Government.

6. When representatives have been elected, are they the MASTERS of the people, because for the term of their offices they are their RULERS ?

On the contrary, they are the servants of those who send them. And this service is the greater in proportion to the number of citizens whose votes elect the officer. Thus, the Mayor of a city is the servant only of all the people of the city. But the President of the United States is the servant of the whole country. *

7.-To whom are all public officers in the United States directly or indirectly responsible ?

To the people, directly when they are elected, indirectly when they are appointed.

All members of the Legislative branch are elected, except when the Executive is empowered by the Constitution to fill a vacancy. Their responsibility to the people is direct.

The Judiciary are also generally elected, though under the Federal Constitution, and in some of the States, the Judges are appointed by the Executive and confirmed

4. What said Jesus Christ on the subject of personal ambition?

5. What is Representation in the American system?

6. Are the officers chosen to represent the people, the masters or servants of the people?

7. To whom are all public officers accountable? How? Who are directly responsible to the people? Who indirectly?