Rhode Island, state government, 213. Rights, natural, civil and political, defined, 20-22; right Robbery, defined, and how punishable, 275. Sale of property, contracts for, when valid, and when Seamen in merchants' service, 119, 120. Secretary of state of U. S., powers and duties of, and Secretary of state of New York, powers and duties of, Science, power to promote, where vested, 139. Servants, hired, 281. Sheriff, his election, powers and duties, 257. Slave trade, declared piracy, 144. Smuggling, goods forfeited to the United States, 111. Special sessions, courts of, 268. State, department of, 192; duties of secretary, 192, 193. Stamp act, when passed, its effects, 44, 45. States, powers reserved to them, 81; restrictions on their Supreme court U. S., how constituted, 205, 206. of New York, 267. Supervisors, how elected, their powers and duties, 256, Surrogates, how appointed, their duties, 258. Surveyor general of N. Y. his appointment and duties, Taxation and taxes, 105, 172, 179. Territory, ceded to U. States, power of congress over, U. S. 160, 161. Towns, corporate powers of, 259. Town meetings, when held, 259; officers elected at, 259, Town clerks, how elected, powers and duties, 259, 260. of county, his powers and duties, and how ap Treason, power to punish, where vested, 158; what it cessory to, 159. Treaties, power to make, where vested, 187; what treaties. the land, 208; states may not make, 67,177. Union, nature and objects of, 83-88. Vacancies, in executive offices, when they happen, how Vermont, state government, 212. Vessels of the U States, privileges of, 117; to be regis- Vessels, foreign, papers of, when to be produced, 120; Vice president, how chosen, and qualifications of, 68, 81, ate, 62, 95, 96; when to act as president, 69, Virginia, colony of, when settled, 36. state government, 217. War, power to declare, where vested, 147; defensive and offensive war defined, 148; how declared, ment of, 195; secretary, duties of, and salary, Washington, general, appointed commander-in-chief, 47. ERRATA.-Page 34, 8th line from the top, for 'make,' read laws, 40, 16th line from the top, for 'Henry the Seventh,' read James the First. 175, 14th line from the top, for 'amendable,' read amenable. 176, 22d line for 'great,' read greater. "27th line for 'this,' read the. 215, 22d line, read, address to the governor. 279, 6th line, for 'by right,' read but a right. The errors above noted, occur in a part of the edition only. N. B.-As this volume has been considerably extended beyond the number of pages originally contemplated, the Appendix, which was designed to be added, has been omitted. 1 PART FIRST. OF THE PRINCIPLES OF GOVERNMENT. CHAPTER I. Of Man as fitted for Society, and for Civil Government' and Laws. IT has been maintained that the savage state is the only natural state of man, and that he can, in no other state, be perfectly virtuous and happy; and that civil government has a tendency to encourage vice, and becomes the cause of the miseries that exist in society, instead of remedying these evils. Others maintain that the necessity of laws arises from, the wicked disposition of man; that they are necessary only to restrain the evil and violent passions; and to prevent the miseries which men are prone to inflict on each other: consequently, were all men truly virtuous and purely benevolent, laws for their government would be wholly unnecessary. There are others who hold that man was originally designed for civil government, and that he is under a necessity of What is said of man in the savage state; and of the tendency of civil government? From what do others say arises the necessity of laws? What other opinion is held on this subject? T B nature to adopt it; but who hold, at the same time, that, on entering into civil society, he necessarily gives up a portion of his natural liberty, of his natural rights. It seems to follow, as the conclusion of this theory, that man is but partially fitted for civil society. But a theory somewhat different from either of these, has been adopted, to wit: that man is fitted for society by the constitution and laws of his nature; and that, for the secure enjoyment of both natural and civil rights, government and laws are necessary to social beings, with whatever virtues they may be endued. But whatever difference of opinion may prevail in regard to the correctness of these several theories, few, it is presumed, will doubt, that man is fitted by nature for society and civil government; and that, in his present state, civil government and laws are necessary for the regulation of his conduct. "Man is so formed by nature," says Vattel, "that he cannot suffer by himself, and he necessarily stands in need of the assistance and support of creatures like himself, to preserve and perfect his own being, and to enjoy the life of a rational animal. This is sufficiently proved by experience. We have instances of men nourished among the bears, who had neither a language, nor the use of reason, and, like the beasts, had only the sensual powers. We see moreover that nature has refused men the natural strength and arms with which she has furnished other animals, giving them, instead of these advantages, those of reason and speech, or at least of acquiring them by a commerce with their fellow beings. Speech enables them to converse with each other, and to extend what conclusion does this theory lead? But what theory, different from all these, has been adopted? How is man formed by nature? How is this proved? What' advantage does man derive from the power of speech? In what |