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PAGE.
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.
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 Countr: 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.
432
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. ). 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
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, Phœnicia, 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.
521
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.
551
1
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-