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son in his own. Practically, by Sunday laws and official and judicial oaths, the governments of most of the States of the Union recognize Christianity ; but there is no restriction of civil or political rights because of any form of belief or unbelief.
In describing rights as natural, it is meart that they Natural are necessary to the fullest development of Liberty. the individual. His human nature demands them ; and, when free to do so, he instinctively exercises them. The freedom to do so without any restraint is sometimes described as natural liberty. This is supposed to represent the condition of men without society, each person gratifying his inclinations to the fullest extent.
But, since every man is born into society, he is Natural Rights hedged about on all sides by limitations Limited to these natural rights. Natural liberty is only an idea. A man may do as he pleases in any direction, only as far as he does not interfere with the right of another man in the same direction. Each separate right that has been spoken of is limited at just this point. I have a right to walk; but I may not walk over my neighbor's field nor through his house without leave. I have a right to acquire, use, and dispose of property and time; but I cannot get money by fraud, nor keep what I find, nor burn my house, nor spend my time in idleness as a vagabond. I have a right to speak freely upon any subject I choose; but I cannot utter slander with impunity. I have a right to worship God without restraint according to the dictates of my own conscience; but I may not practise a religion whose rites are obscene or cruel.
These natural rights are also limited in another direc
tion. While it is the duty of the government to protect the individual in the enjoyment of his property, it may compel him to give up a portion of it for the public good. This right of the government, thus limiting that of the subject, exists in two forms: first, as the right of taxation; second, as the right of Right of Tazaeminent domain. The first is based on the tion. facts, that the administration of government is for the general good, and that whatever benefits the whole benefits each member of society. Hence the government may require each to bear his proportionate share of the public expense. If he refuses to do this, his property may be sold for the purpose.
Upon this subject Chief Justice Marshall says, “ The power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it."
The Right of Eminent Domain allows the govern ment to take the private property of an Right of Emiindividual, and use it for the public good. nent Domain. Thus, if a schoolhouse is to be built, the government may choose a site, and then compel the owner to give up the land for the purpose. This right differs from that of taxation in that it is exercised upon some individuals, and not upon all; and also in that compensation is rendered for the property taken, the price being fixed by disinterested persons chosen for the purpose. The government frequently exercises this right through corporations. Thus railway companies are allowed to take the land they need along a specified route.
It thus appears that personal rights are limited in
two directions, - first, by the rights of one's neighbors; second, by the necessities of the state itself. The free enjoyment of one's natural rights, subject to these
two limitations, constitutes civil liberty. sly. It is liberty under law; and we are prepared to state, as the first requisite of a good government, that it shall furnish this to every member of the state. . But these rights are not only limited : they may be Forfeiture of forfeited. When a man, in the exercise Rights. of his freedom, has violated the right of another, he has become an enemy to the state ; and government, to protect society, may take away his personal liberty by imprisonment, or his property by fine, or even his life.
1. The duties of the government are, to secure justice, to promote the general welfare, to defend the state.
2. Justice is secured by protecting every individual in his right to personal security, personal liberty, private property, and his own religious belief and worship.
3. It is the duty of government to care for the life, health, and reputation of its subjects.
4. Personal liberty is freedom to go and come, to assemble peaceably for discussion, to petition the government, and freedom of speech and of the press.
5. Personal liberty is secured by means of the writ of habeas corpus.
6. The right of private property covers the acquiring, using, and disposing of property, time, and labor.
7. These are called natural rights because every man instinctively exercises them.
8. They are limited in society, first, by a regard to the right of others; second, by the right of the government to take property for public purposes.
9. This right of the government exists as the right of taxation, and the right of eminent domain.
10. Civil liberty is the enjoyment of one's natural rights in society. It is liberty under law.
11. These rights may be forfeited by the commission of crime.
OBLIGATIONS OF THE GOVERNMENT (CONTINUED).
In securing justice, the government is taking the best
possible means to promote the public hapGeneral Wel- piness and improvement. Civil liberty is fare.
the ground of national prosperity. In states like Mexico, where anarchy and misrule have long prevailed, the people are poor, and the country is unproductive.
Yet there are means by which the government may Measures of act more directly to this end. Among Public Utility. these are, educating the people, and carrying out measures of public utility and convenience. The most obvious of these are the establishment of means of communication, as roads and bridges, postal arrangements, and the coining of money. In all these, that uniformity which is so necessary can only be secured by having the government assume the control.
The government can do much to foster the industries Fostering of the nation. Thus the United States, in Industries. the interest of commerce, surveys its coast, provides maps and charts, clears its rivers and harbors, builds breakwaters, enacts pilotage laws, prepares and publishes weather reports, and sends its officers and ships of war to foreign ports to protect its seamen. It