CHAPTER XXXIII.

THE STATE: GENERAL DEFINITIONS AND PRINCIPLES. I. How the State was Evolved. The first form of the State, known with certainty to man, was the patriarchal or family state. Only those related by the tie of blood could be entitled to its privileges and protection. Later fictitious kinship, a sort of naturalization, conferred the rights and privileges. The oldest living male ancestor was the patriarch and ruler: a sort of king and priest combined. The Abraham of the Bible is a ruler of a State of this kind. From such beginnings through long courses of development the modern State, as we know it in Europe and America, has gradually come forth. In the beginning the State was necessarily a very small affair; but today a great Federal State, the United States of America, is able to bind together by representative govern、 ment a number of States in one Union forming a great State, which, by way of distinction, we call the Nation; and in Europe there is that other great Federal State called the German Empire, composed of kingdoms, principalities, and city republics, including Prussia and Bavaria, Baden and Brunswick, Hamburg and Bremen, among others. In all Federal States it has been found perfectly practicable for the Federal State and the States composing it to exercise their separate powers and functions without clash or conflict.

2. How the Colonies Became States. We have seen in another chapter that Virginia had its origin in the charter of a mercantile company in London. It had grown from a mere trading post into one of the thirteen colonies into which the English settlements, within the present limits of the United

States, were grouped at the outbreak of the American Revolution. For the purpose of carrying on their resistance to Great Britain these colonies chose delegates to a Continental Congress, which assumed general powers of government and management of the war. The Continental Congress recommended to the colonies that they organize themselves into States with a scheme of carrying on state government. Most of the colonies acted promptly upon this suggestion and adopted constitutions, or so modified their existing charters as to answer the purposes of constitutions, and proceeded to organize and put into operation the machinery of state government. Connecticut adopted a declaration of rights and continued her government, under the charter granted by Charles II, until 1818. Rhode Island made no change, but used her charter of 1663 as a constitution as late as 1842 when a new constitution was adopted. Virginia's charter having been forfeited by the crown (1624), a convention was called (1776) which framed a bill of rights, and a constitution that was put into operation without referring it to a vote of the people. Thus one by one the colonies became States and administered their own affairs of local government, while those larger and general affairs common to all were assumed by the Continental Congress, particularly those relating to the conduct of the war, the making of peace, and foreign affairs in general.

4. State: Meaning of the Word. In a federal government like ours the word "state" is used with two distinct political meanings. Its normal use signifies a government recognized by the people as supreme. It is readily seen that this definition does not fit our case. Mr. Richard T. Ely puts it thus: "The American Union constitutes the real American state. Our commonwealths have only a limited sovereignty, and are imperfect states in the real sense of the word state." Under the Federal Union of the United States each State has its own legislature, executive officers, and courts; and manages

its own affairs without interference from the Federal Government; while the United States exercises those functions of government only that are delegated by the Constitution, as foreign relations, commerce, currency, etc. It has also its own legislature, executive officers, and courts.

Nation: Meaning of the Word.-The word "nation" is a synonymn for the word "state.” But with us it is often used to distinguish the United States as a whole from the individual States composing it. It is also used in the same sense as Union. In another sense it means any body of people of common origin, customs, and language, or a tribe or number of tribes combined, as the Jewish nation, the Iroquois nation.

5. Purposes of Government. The combination of people in the society which we call the State, is an organism and must have an organ through which it acts. This organ is government: it is the oranization of power for carrying out the purposes for which the State exists. This is equally true whether the social organism be the savage tribe or the most highly civilized State. The chief aim of government as set forth in the Bill of Rights in the Constitution of the State is "the common benefit, protection, and security of the people." This of course includes among many other things, the maintenance of justice, the promotion of the general welfare, the preservation of rights, and the enforcement of duties. "A right is a well-founded claim of one man on another. Since the social character of men makes their relations mutual, every right or claim of one on another has a corresponding duty or obligation from the other, which must guide his action. As the State

is made up of the citizens, the citizen who renders obedience to laws, has the right to expect protection from the State; and, on the other hand, the State has the duty of protecting him, and the right to insist on his obedience to the laws." There are two main classes of rights, first, those that are natural and inherent, and second, those that are civil, because conferred by the State. The inherent rights of which men in

a state of society can not by any compact divest their posterity, are (1) the enjoyment of life and liberty, (2) the means of acquiring and possessing property, and (3) the means of pursuing and obtaining happiness and safety,

(1) The Rights of Life and Liberty.-All citizens are entitled to the protection of their lives and liberty by the government, except the criminals, who may be executed or imprisoned as a means of enforcing the law, and insane persons, who may be restrained in prisons or asylums for the safety of other citizens and for the good of the State. The right of personal liberty contemplates the utmost freedom of action in the citizen, except so far as he may be restrained by the law of the land.

(2) The Right to Acquire and Possess Property.-Private property may be taken without the consent of the owner in three cases only: first to satisfy a judgment or decree of a court; second, in payment of taxes; and third, in exercise of the right of eminent domain, which is the sovereign right of the State to take private property for certain public uses, such as public roads, railroads, public buildings of all kinds, etc.; but in all such cases the property shall not be taken or damaged without just compensation to the owner. In many European countries it was at one time a common practice for the State to seize private property for the use of the State, and the owner might or might not receive compensation therefor, depending upon whether the sovereign power chose to pay for it or not.

(3) The Right to the Pursuit of Happiness.-Under this broad right may be included:

(a) The freedom of speech and of the press; but obscene books, papers, and pictures, and slander and libel, may be restrained and punished.

(b) Religious freedom is safely guarded in Virginia, so far as the law can accomplish this result. The Established Church which was the Church of England, was disestablished

in 1776. Before this time the people had been taxed by the parishes for the support of the church. No religious oath or test of any kind can be required. "No man shall be compelled to frequent or support any religious worship, place, or ministry, whatever; nor shall any man be enforced, restrained, molested, or burthened in his body or goods, or otherwise suffer, on account of his religious opinions or belief, but all men shall be free to profess, and by argument to maintain, their opinion in matters of religion; and the same shall in no wise affect, diminish, or enlarge their civil capacities."

6. Kinds of Government.-There are two main classes of government, namely, civil and military.

(1) Civil Government. With us civil government is the government of the State as administered in time of peace in accordance with the provisions of law. Civil government

may be further divided into three principal systems.

(a) Monarchy.-A monarchy is a government whose chief executive authority resides in one person, commonly called a king, queen, emperor, empress. There are many kinds of monarchy.

An absolute monarchy combines all the powers of government in the monarch with no limitation, except so far as he may choose to be influenced by the ancient usages and customs of his people. All power proceeds downward from the monarch, not upward from the people. But even in the most absolute monarchy there is a sort of unwritten constitution which the monarch regards as binding upon him. Russia is a type of an absolute monarchy, but even the Czar gives heed to the long established usages of his country, and there is a large measure of local government exercised by the people with imperial oversight. The Czar probably has the consent of his people to rule as fully as any other ruler. No government will long exist in this age of the world without the consent of a majority of the governed. While the Russian gov