fills it with noxious weeds. It is the Traffic which floods the land with poisoned water, and kills the seed of good. The Traffic is an artificial usurpation, hindering the development of the true natural powers of the soil, and we call in force to perform its appropriate function-to shut out the flood, and to uproot the rank weeds, so that the crop may be no longer stifled.

Moreover, the metaphor of the reviewer has no application. Who proposes that Force shall usurp the field of government? "Force' is the element behind Law; and, therefore, in the nature of things, cannot be law. But who advocates government without Law? The reviewer drivels in his dialectic, and fights impossible phantoms of his own brain.

"The use of force is itself an evil; it can only be justified "where opposing force would work wrong."-p. 492.

We deny the limitation: law, and the force that sustains law, are quite as justifiable in preventing future seduction and fraud, by punishing past offences of that nature, as in parrying a bludgeon or imprisoning a brute. Physical force is the instrument of Moral force, and not an evil, unless evilly employed. The evil is in the man who necessitates its exercise; just as the evil is in the morbid condition of the patient who swallows the pill, and not in the purge which the physician prescribes. Good and evil are terms of relation. Physic as physic, removing or helping nature to remove disease, is, relative to its end, good-physic is only bad when we mistake it for food. So Force, regarded as the purge for social disorder, and as the instrument of a wise Law, is good for ameliorating crime; and no one recommends a resort to Force when it is not needed. The Riot Act is not even read where there is no riot.

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"Rights are the consequence of the natural relation of the parties concerned. Government is a contrivance for the "defence of those rights, and nothing more."-p. 495.

Government is no more a mere Contrivance' than is Conscience, or the subordination of the Family; and neither mere 'defence' nor the defence of mere 'natural rights' completes its function. Rights are the consequences of all relations of life necessary to human happiness-that is, of all proper relations. If the ambiguous word 'natural' means suitable or proper, we are at one with the reviewer-if it means only such relations as exist in 'a state of nature,' where Society has been displaced by savagery, then we deny, once more, the limitation.

Government is for the defence of all rights, whether natural or civil; and comprizes everything necessary to a just and efficient defence of them. It comprehends Instruction-whether through Parliamentary discussion, the promulgation of Laws, Judicial decisions, or the common Schoolmaster. Government must teach-even if it be only so far as to announce its own decrees. Government must discipline-if it be only its crimi

The

nals, or expect its subjects to be plundered again. Government must educate for acts of punishment and discipline are true educational influences; and the Society which has a right to teach by facts has an equal right to do so by formulas. Government must feed and clothe, as well as train and educate, its juvenile delinquents and its pauper orphans, or become particeps criminis in the harvest of crime that will inevitably follow the neglect to do so. Government must, not only resist wrong, but do many things necessary to prevent wrong. Even in the process of protecting natural rights, it actually creates others. right to the fruits of labor has for its sequel and guarantee the institution of private property in land. No single individual has a title to any special piece of earth, of wood, or water, before Society confers it, for such things are proverbially common I cannot claim a title to this oak, or that quarry, without the consent and decree of my coheirs to this common inheritance of earth. Yet such a right is essential to securityto the fullest development of man's nature-to the real fruition and enjoyment of his faculties and his life-and, therefore, the Social State is supremely a true 'natural' State, deserving of all honor and obedience,-not a mere 'Policeman' and 'Contrivance,' but a natural growth from the seed of Humanity, an organism—including a Legislature and a Judicatory, as well as an Executive, whose combined duty is to initiate and to enforce all that is needful for protection and free development in actual circumstances.t

Dr ARNOLD's view of a state seems to us much more just than that of the Westminster reviewer.

"A Nation is a Sovereign Society, and it is something monstrous that the ultimate power in human life should be destitute of a sense of right and wrong; for there being a right and a wrong in almost all our actions, the Power which can command or forbid

* "All I want to show," says Dr ARNOLD, in his admirable Introductory Lectures on History, "is the right to property at all; that is, that some have a greater right to the possession of a thing than others; for if this be once allowed, we need not talk any longer about a State of Nature, as it is foolishly called; we have done with Beast's nature, and are living according to Man's nature -that is, according to Law and Right, not according to Brutality and Might. It is Law and Right which say, that although Northumberland has plenty of coal, and Kent has none, yet that the men of Kent must either persuade the Northumbrians by fair means to let them have their Coal, or they must go without it;-or again, which say, that although the soil of Bagshot Heath is very poor, and that round about Farnham is very rich, yet that the parishes on Bagshot Heath may not touch the Hops of Farnham without the owners' leave; or again, to come down a step lower, it is the self same Law and Right which will not let the man who has no land eat the corn of his neighbor that has land, unless he can persuade his neighbor, either for love or money, to let him have a share of it."

+ Mistakes no more affect the Sovereignty of the State, than the same fact of fallibility touches the rights of the Individual. The cry of Over Legislation is a silly one, for the thing intended must be Mis-Legislation. The activity of a state, if it be a wise activity, is no more objectionable than the activity of an Individual. Indolence is a virtue in neither. It is not necessarily less Legislation that we want, but wiser-a legislation that touches the Causes of Crime, instead of tampering with mere effects.

these actions without an appeal to any human tribunal higher than itself, must surely have a sense, not only of the wrong of this action forbidden, but of the comparative value of different ends; lest perchance, while commanding what is in itself good, it may command it at a time, or in a degree, to interfere with some higher good; and then it is in fact commanding evil. That the power is thus extensive and sovereign seems admitted, not only historically, but also by our common sense and language. And who does not see that the Police and the Army are not Sovereign Societies that because they are not cognizant of Moral ends, therefore they are incapable of directing men's conduct in the last resort that they are themselves [not the government, but] subject to a higher power [Law],-the representative of a National Life.

"A nation's inner life consists in its action upon and within itself. Now, in order to the perfecting of itself, it must follow certain principles, and acquire certain habits; in other words, it must have its Laws and Institutions adapted to its great end. On these

the characters of its people so mainly depend, that if these be faulty, the whole inner life is corrupted; if these be good, it is likely to go on healthfully."

It has been too much the fashion, in certain quarters, to depreciate Law, and to speak of it misleadingly as the Logic of the Stick. Such representations are unpardonable in any one pretending to philosophic culture. Law is the logic of social lifethe development of national experience. Law has a potency in moulding the plastic population, which is even more important than its penal function: and it is preventive as well as corrective. Law is the first and last wisdom of History. A tribe, by its means, grows into a Nation-developes agriculture, commerce, art, and science-organizes itself into a permanent and beneficial power-makes anarchy and revolution impossible.

"And Sovereign Law, that States' collected Will,
"Sits Empress, crowning good, repressing ill."*

In the fine language of HOOKER, "Of Law nothing less than this may be acknowledged, that her seat is the bosom of God, her voice the harmony of the world,—all things in heaven and earth do her homage, -the very least as feeling her Care, the greatest as not exempted from her Power."+

We will follow the writer of the Westminster into one of his particular illustrations, and then close this discussion of principles. "May a man rightly carry a ton of gunpowder through the streets 'on a wagon, in open day? If not, may not the reasons for which you stop him, apply just as well to the prevention of other evils, as to those to be apprehended from the explosion of this gun"powder ?"-p. 503.

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* SIR WILLIAM JONES. + Ecclesiastical Polity. Eid of I ook i.

We stop to remark that it will make no difference whether other evils are exactly like this apprehended one, in their causes or their remedies. Each social evil must be tried on its own demerits, and met by its appropriate antidote-that is, by one that is the most efficient in the first place, and the most economical in the second. The reason' for its removal at all, is not its species, but its genus: not that it operates in this way or that-by slow poison or by sudden explosion-but because it operates evilly.

"There are three or four distinct characteristics of the case which clearly bring it within the powers of government.

"1st. An explosion would violate the equal enjoyment of their rights by others, and that without the possibility of remedy. "2nd. To take the route through London can be prevented by force.

"3rd. The prohibition affects nobody beyond the person to whom it is addressed.*

"4th. It affects him only in that one act, and restrains his activity in no other respect."

These admissions are amply sufficient for us, though more might be extorted. They allow scope and verge enough for including amongst actions justly prohibitable by law, a Traffic that does not simply expose a few individuals to risk of injury, now and again, but which, in truth, is perpetually exploding in tumult, riot, and debauchery-in disorder, disease, and bloody death.- -a Traffic which blasts the beauty and innocence of youth, corrupts the purity of woman, and strikes down the hopes of age, which prostrates manhood, paralyzes industry, and spreads disaster, confusion, and crime over the fair face of our beloved country.

*It is neither the duty of Society nor of the Publican-save upon contract-to brew and provide beer for anybody. The prohibitive law, therefore, affects nobody's rights, and affects even the publican's action only in one direction-the brewing for public sale. The law in Scotland prevents equally the opening of bread and of whisky shops on the Sunday. It is just as easy-nay, more so-to abolish the traffic in gin on the last as on the first day of the week. The Traffic, then, 1st, exposes vast numbers to the worst dangers. At Birdwell, the other day, a man made mad through its agency, dashed through the village with a hedging bill in his hand, striking and maiming all he met. At Rochdale, an engineer, made incapable by the Traffic, occasioned a boiler explosion, which killed or wounded a score of innocent persons. At the same place, a publican, made morbid with drinking his own drink, splits his wife's skull, attempts to kill his customers and his children, and finishes by poisoning himself. 2nd. The Traffic can be prevented by force of Law-for in many parts it has been. 3rd. The prohibition affects nobody for evil. 4th. It affects the persons addressed only in one act; and leaves the drinker to provide in another way that which he wants.

C

CHAPTER II.

"THAT THE TRAFFIC IN INTOXICATING LIQUORS, AS COMMON BEVERAGES, IS INIMICAL TO THE TRUE INTERESTS OF INDIVIDUALS, AND DESTRUCTIVE OF THE ORDER AND WELFARE OF SOCIETY, AND OUGHT, THEREFORE, TO BE PROHIBITED.

§ 6. In harmony with the Principles of Government already considered and determined, the relation between the Individual and the State-and therefore the true interests of both-may be thus expressed :

"The Individual demands (that is, claims as right) that his jural-relationship to others shall be maintained inviolate by the State-and the State demands, in return, that the Individual shall not disturb or endanger the jural-relations of others."

The unit of Society, as such, is exposed to injury, to the disturbance of his just relations; hence the units combine to obtain Protection and to ensure Safety. Experience proves that association secures what is generally impossible to insulation-and that fixed principles and organic law enable us to do much better that which must be done, than mere Individual force moved by personal interest or exaggerating passion. Protection, not in the narrow sense of defence,' or momentary prevention of physical injury-but 'Protection' in its wider and truer signification, is the object of the State-the granting and securing to each and all what is due to humanity. When applied to real facts, this will be found to embrace the elements of our proposition:

I. Individual Security, involving protection against injury of body, character, and property-the making certain that which, in a state of anarchy or barbarism, is uncertain-since uncertainty in rights is insecurity.

II. Social Security, or the protection of Society as Society: whence treason or anarchy, or anything which subverts the foundation of Society, is to be regarded as crime, just as really and truly as a disturbance of the universal or primitive relations.

III. Social Development, so that each constituent element of the body politic may attain the great ends of humanity-those ends which are only to be reached by combination-and which, therefore, constitutes the first of all rights and necessities.