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Penalties are not equivalents of crime.-Malum in se,
Malum prohibitum. Is the distinction essential, and can
we found any Rule of Action upon it?-The Question of
Obedience to Laws a Question of Conflict.-Obedience in
the Army and Navy.-Articles of War.-Obedience in the
Civil Service. How far is the Citizen bound to obey the
Laws?-Justifiable Disobedience.-Necessary and morally
demanded Disobedience.-Non-compliance with the Laws,
or passive Resistance.-Active Resistance.-Armed Re-
sistance.-Insurrection.-Revolution-Resistance formerly
considered lawful and received in the Charters.-Mobs
and Mob-law, so called.-Duty of Informing;-in the Offi-
cer; in the Citizen at large.-Professional Informers for
Rewards.-Secret Police.-Dilatores and Mouchards.-
The obligation of informing against intended or committed
Offences.
PAGE.
271
CHAPTER III.
Associations. Associated means, Endeavor.-Associations
for the Promotion of Morals.-Pledges.-Trades' Unions.
-Ancient Guilds.-Unlawful Combinations for Purposes,
lawful if pursued by the Individual.-Evil Effects of
Trades' Unions.-Disclosures respecting them in Scotland.
and England.
338
CHAPTER IV.
Liberty of the Press.-Primordial Right of Communion.-
Journalism.-High moral Obligations of Editors.-Temp-
tations in the way of Editors.-Power of Leaders, good or
bad, rests upon their seizing upon that principle which
is the moving Agent of the Mass.-In what the Power of
leading Papers consists.-Conditions which give great
power to single Papers.-Populous Capitals in Connexion
with the Influence of Papers.-Obligation of Veracity
peculiarly strong for Editors.-Political Importance of gen-
tlemanlike Tone.-Publishing private Letters.-Dangers
of Newspaper Flippancy.-The Political Position of the
Clergyman.-Opinion of ancient Theologians.-How far
the Clergyman ought to share in the Politics of his
Country.
. 351
BOOK FIFTH.
CHAPTER I.
Voting.-Principle of Unanimity; of Majority and Minority.
-Deliberative Procedures.-All who have a right to vote
ought to vote.-According to what Rules.-(Election
Statistics.)-Voting for Officers. When we ought to ab-
stain from Voting.-Influencing Elections.-Canvassing.-
Intimidation, individual and official.-Bribery.—Severe
Laws against it in Athens.-Bribing Mutual Insurance
Companies in Athens.-Bribes of common Voters.-Bribing
Judges; Legislators.-Bribes by Government of its own.
citizens.-Bribes by foreign Powers.-Betting on Elections.
-Election Riots and Disturbance around the Poll. - Various
other Election Malpractices.
CHAPTER II.
Parties. Has any free Country existed without Parties?—
Can a free Country possibly exist without Parties? Is it
desirable that a free Country should exist without Parties?
-Historical Parties and passing ones.-Conservative and
Movement Parties.-Characteristics of a sound Party.-
Dangers of party Zeal and factious Passion.-Party Signs.
-Misunderstanding of Language in high Party Spirit.-
Ought a conscientious Citizen to attach himself to a Party?
-The Law of Solon.-Independents.-Trimmers.
Opposition.-Government. Administration.-What is a law-
ful Opposition.-A well-understood Opposition the essential
379
412
safeguard of Liberty.-The Opposition a great Institution
of Modern Times.-As such it dates from the Times of
Walpole and Pultney.-It is lawful to oppose the Majority,
which is not always right.-(Order of Sitting in Legisla
tive Assemblies.)-Public Opinion and General Opinion.-
Ethical Rules relating to Opposition and Parties in general.
-How far ought a Citizen to go in his Opposition, espe-
cially in times of War.-Coalitions.-Parties formed on
the Ground of foreign national Extraction.
Public Men. Leaders.-Self-examination before a Citizen
embarks in Public Life.-Physical, Moral and Mental Qual-
ities desirable in a Public Man.-Necessary Knowledge for
a Public Man.-Caution in entering upon Public Life.
432
452
BOOK SIXTH.
Extra-constitutional Meetings.-Their Necessity.-The Rep-
resentative.-Summary of his Duties.-He is the guardian
of the public Treasures.-When ought he to vote liberally?
-The framing of Laws.-Legislation upon the Principle
of mutual Accommodation.-Importance of a gentlemanly
Character for the Representative.-Instruction.-History.
and the various Constitutions show that the Right of In-
struction has been claimed and disclaimed as promoting
and as injurous to Liberty, according to the Circumstances
of the Times.-The Representative Government is not a
mere Substitution for direct Democracy.- Essential Char-
acter of the Representative Government.-The different
characteristic Principles of Ancient States; the Middle Ages,
and Modern States.-Nationalization of States; Social-
ization of Population.-National Representation, the great
X
Feature of Modern Times.-Difference between Deputative
and Representative Systems.-New Jersey and Nerthland-
ish Oath to promote Public Welfare.-How does the Rep-
resentative faithfully represent?-Advantages of Repre-
sentative Government.-Objections to the Doctrine of In-
struction. Instruction belongs to the Deputative System. 467
The Subject of Instruction with particular Reference to the
United States.-The ancient Articles of Confederation
founded upon the Deputative System.-The Articles of
Confederation compared to the Constitution of the former
United Provinces of the Netherlands, the Swiss Act of Me-
diation, the present Constitution of the Swiss Confederation
and the Germanic Confederacy.-The Constitution of the
United States boldly changed the former deputative Char-
acter of the Confederacy into a representative.-Senators
are not Ambassadors.-In Leagues the strongest Member
of those on Terms of Parity according to the Letter, must
sway.-Hegemonia in Greece, Phoenicia, the Low Coun-
tries, &c.-Relation of the State Legislatures to the re-
spective Senators elected by them.-The history of
Instruction in modern Times, as connected with the Rep-
resentative system.
1
Responsibility of the Representative.-Pledges.-Implied and
positive, general and specific Pledges.-Are Pledges moral,
and consistent with Liberty and Justice of the whole?—
When are they so?-Pledges, originated with the Court
Party and Aristocracy.-Strong power of implied Pledges.
-Breaking Implied Pledges, and throwing one's self upon
the Constituents by Resignation.-Duties of Presiding Offi-
cers of deliberate Assemblies; Speakers.
521
551
BOOK SEVENTH.
Executive Officers.-Difficulty of controlling them.—Their
Interference with Elections; in Athens, Rome, France,
England, the United States.-Plato's Opinion of the Duties
of Officers.-Post Office.-The Chief Executive Officer.-
Confidential Officers.-Official Interpretation of Constitu-
tions and Laws.-The Veto.-Ancient and Modern Veto.-
Absolute suspensive and conditional Vetos.-Privilege of
pardoning in Monarchies; in Republics.-Danger and Dif-
ficulty in Republics-For what purpose is it granted?-
Rules which ought to be observed in making use of the
Power of Pardoning.
563
Judge, Juror, Advocate and Witness.-Official, external and
moral Independence of the Judge.-Sanctissimus Judex of
the Romans.-The Judge, where there is doubt, must in-
terpret in Mercy, in Penal Cases; in Favor of civil Lib
erty, in all. The Institution of the Jury.-The sacred
Office of Juryman.-What is he to do, when the Law is
contrary to universal Conscience?-The Institution of the
Advocate.-Moral Obligation of the Advocate.-Political
Relations of Lawyers in Free Countries.-Duties of the
Witness.
598
War.-Definitions.-Present Exaggerations against War.-
Christian Religion does not prohibit just War; neither the
Bible, nor the early Writers of the Church.-Objections
against War on the Score of Morality; of Reason; of
Political Economy.-Just and Patriotic Wars have morally
raised Nations.-Eternal Peace.-Arbitration by a Con-