the government of a few. The word aristocracy, from the same language, signifying the government of the best, is sometimes used in an odious sense. In both these kinds of rule, the power has been acquired originally by military usurpation, and continued in right of succession by birth; or, on the fall of one usurper, new ones have arisen, but always with the same ill fortune to the people. 29. Another form of government has been known less frequently among men, consisting of the dominion of one man, holding his rank by right of birth, but with a limitation to his power resting in a class of men noble by birth, and some of whom have been rich in lands and dependants, and who could present a strong barrier to the exercise of absolute authority. Such was the state of things in England, and on the continent of Europe, in what are called the middle ages; and when the land was divided among great chieftains, and the people were considered as vassals, or slaves, and sold with the land. 30. Another form of government has been that which is commonly called a mixed monarchy, in which there is a king, nobles, and some acknowledged rights in the great body of the people, or some privileged part of them. Of this description. is the present government of England and that of France. 31. A fifth form of government is a republic, derived from res, a thing, and publicus, public, common, or belonging to the people. Commonwealth has the same meaning as republic. Such is the government of the several states in our Union, and of the American nation. 32. Some of the Greek governments were properly democracies; derived from demos, people, and kratos, government, which means ruling by act of the people. There may be such governments, where the whole community is comprised in a very small space, as a city and its neighborhood, and where all the people can meet in one assembly, and make, judge of, and execute the laws. There cannot be such a government here, unless it be in those things which the people of a single town can manage. Our governments are properly representative republics; that is, the people are ruled by those whom they choose to represent them. No thoroughly organized system of representation of all the people ever existed before. One who desires to have our country ruled by de mocracy, and one who desires to have it ruled by a monarchy, may be said to be equally at variance with our forms of government. 99.66 99.66 99.66 33. In the four first mentioned descriptions, the rulers and the ruled are strongly distinguished from each other. The rulers speak of the government, and treat it as their own, of right. The kings of England use expressions like these "my armięs," " my navy, my people," my courts of justice," as though the great mass of the people were not interested or concerned, otherwise than to render obedience. But in a commonwealth, government is carried on for the common benefit of all the people, and they are the fountain of sovereignty. 34. In limited or mixed monarchies, there is usually a constitution or charter. Constitution is formed from the Latin words con, with, and statuo, to resolve, fix or establish, and means an agreement between a whole community and each one of its members. It may contain any provisions which the contracting parties see fit to adopt. It is to be expounded only by its own words, and the usage which grows up under it. The constitution of England is frequently referred to, but it is not written. It is founded in solemn concessions, wrested from successive princes by their subjects, and on acts of parliament, and on immemorial usage. In republics, the usual basis of government is a constitution or written code of principles, agreed upon and adopted by those over whom it is to be administered. It defines the power which may be exercised, and the mode in which rulers shall come into power, and in which they shall cease to exercise it. 35. In republican governments, the distinguishing qualities of a constitution are,-that it provides for the manner in which laws shall be made; what laws may be made; and by whom and in what manner they shall be administered. In some instances, a constitution declares the rights which the citizens living under it shall have, and also that certain powers shall not be exercised over them. In other constitutions, such declarations are omitted, and the rights of citizens are to be inferred from what is provided for. The constitution of Massachusetts contains a formal bill of rights; that of the United States does not, in form, but it declares that certain powers shall not be exercised; or so limits and defines the mode of exercising the powers given as to come to much the. same thing as such a declaration. It may be doubtful which is the best mode. No enumeration of rights can be perfect; nor is any declaration effectual, unless the comeitution and laws provide for their secure enjoyment. 36. It may be safely asserted, that the wisdom of man has never invented any forms of government more wisely adapted to the promotion of the common welfare and happiness, than those of the United States; and that no union of states, although there have been many in other countries, in past times, was ever so wisely designed, or so successful in accomplishing its purpose, as that under which we have hitherto had the good fortune to live. ( CHAPTER V. The Government of the State of Massachusetts. 37. In the constitution of this state, its purpose is declared to be, to secure to each member of the community, safety, tranquillity, natural rights, and the blessings of life. The means of doing this are expressed to be, by making the whole community of people "a body politic," by voluntary association or "social compact" or agreement, whereby (each one covenants with the whole, and the whole with each one, that the whole people shall be governed by certain laws, for the common good. 38. A body politic is a corporation; which means, a number of persons acting under one name. This word is derived from the Latin word corpus, which means body. Although there cannot be a corporation without natural persons, yet the same persons are not necessary to it. Сотроrations continue, however often the persons in them may change. A corporation may be likened to a bee-hive. If one has a bee-hive for several years, he would call it by that name, and obtain from it his honey every year; but the bees would be changed more or less every month; and at the end of two or three years, there would be an entire change of every inhabitant of the hive. But it would still be known by the name of the bee-hive, and annually yield the fruit of industry. The state of Massachusetts is a corporation; so is every bank, turnpike, and every collection of persons, who act under a common name, in virtue of a public law. No new corporation can exist but by a law of the state. What a corporation is, or can do, depends on the enabling powers which the law creating it gives. The evidence that the people of Massachusetts agreed to be a corporation, is the constitution which they adopted. The powers which they intended to have exercised are expressed in that instrument. The original is kept in the office of the secretary of state. Copies of it are printed, and are found in every town; and a copy is always contained in the statute books published by authority. 39. It is remarkable, as our constitution was made in the midst of the war for independence (1780), and when it was at least uncertain what the end of that war would be, that it should have been made with so much coolness and wisdom. An experience of forty years, and during great changes, and many important events, has proved that it was originally nearly perfect. A faithful and patient examination by a convention, delegated by the people, was made in 1820. It was found to have been fully adequate to the beneficial purposes for which it was framed. Some slight amendments were then proposed and adopted by the people, which will be mentioned hereafter. 40. It should not be overlooked, that, although this country was under the kingly government of Great Britain, from its earliest settlement to the commencement of the revolution, which secured independence by a separation from the parent country, the habits of the people were always essentially republican. Our ancestors, at an early period, formed their communities into towns and counties, and the same divisions were continued when our republic was established. Revolution means a change in the government of a country. It may happen in any sort of government. For example, the French put their king to death in 1793, and called their country a republic. But a revolution may happen, also, by the change of one king for another, as in England in 1688; and by usurpation, as in Sweden in 1772; and again in France, by expelling the reigning family, reforming the system of government, and choosing a king (July 1830). 41. When the time came for making a constitution, there was nothing to change in the opinions and habits of the people, and little more to do than to transfer the sovereignty from the king to the people, and solemnly to declare the principles on which government should be founded, and clearly to define the manner in which these principles should have effect. 42. As it is the duty and the interest of those who rule in our republic to promote the common good, so the duty of each citizen is, to be respectful to the rulers, and obedient to the laws. As each one relies on the government for security and protection, so each one is bound to render his personal service, and to contribute his portion to the common expense of maintaining the state. If it may not be asserted, that no government but such as is founded on the principle of equal rights and rational liberty to all, is consistent with the laws of the Creator, it may be said, that no form of government seems to be so much so. 43. As the real foundation of government among us is the people, it is first to be considered in what manner the people exercise their powers of sovereignty. All the people cannot act in one assembly, nor each one in his own name. Hence there must be many places of meeting, and some name common to many. The acts of the people must be made known in some agreed manner. The people exercise their political rights by the general name of inhabitants of towns. All the political acts which they may do collectively must be done in town meetings. The people may assemble in such meetings, in an orderly and peaceable manner, to consult upon the common good, to instruct their representatives, and to petition the legislature for the redress of wrongs, or to remonstrate against grievances. The people have reserved to themselves the right to assemble when and how they please, in an orderly and peaceable manner, otherwise than in town meetings, to consult on the common good. The acts of such meetings have no legal force. Among such meetings may be classed lyceums, assemblies to hear lectures; caucuses, held by electors to confer together, and agree on candidates for office. The word caucus was first used in Boston, about the beginning of the revolutionary times. Its origin is not ascertained; it has now a well known meaning, and is in common use throughout the United States. The inhabitants of each town are declared to be a body politic and corporate. Their acts, as such body, are known by the record of their proceedings, duly certified by proper officers. 44. When a town meeting is necessary, the law requires that the selectmen shall issue a warrant, setting forth that a meeting is to be held, and for what purpose. The inhabitants who are qualified to attend and act, are to be duly notified thereof by the constable,* or such other person as the selectmen shall appoint to notify them. The first use of this word was (comes stabuli) count of the stables, or master of horse of an emperor. Afterwards it meant the highest military office |