full civil rights and have no political rights whatever; or he may have full political rights, while his civil rights are not well protected. That is, his rights of person and property may be protected, while he is denied all participation in the government; or he may participate freely in the government, while not enjoying civil protection. Civil and political rights are defined and protected by law in all well-ordered states.

32. CIVIL AND POLITICAL LIBERTY.-Strictly speaking, civil liberty pertains to the enjoyment of civil rights; political liberty, to participation in politics or the affairs of government. Some writers blend them in one whole. Dr. Lieber says that "when the term civil liberty is used there is now always meant a high degree of mutually guaranteed protection against interference with interests and rights held dear and important by all classes of civilized men," and also "an effectual share in the making and administration of the laws as the best apparatus to secure that protection." In other words, Dr. Lieber thinks that political liberty is essential to civil liberty, and that practically the two kinds of rights cannot be separated.

(6). CONSTITUTIONS.

33. KINDS OF CONSTITUTIONS.-Theoretical writers recognize two or more kinds of constitutions. Dr. Brownson calls one kind "Constitutions of the people," the other kind "Constitutions of the Government." Judge Jameson calls them "Constitutions as objective facts" and "Constitutions as instruments of evidence." This distinction further illustrates the difference between society and government, the state and the political system.

Constitutions "as they ought to be" are ideal constructions, like Plato's Republic and More's Utopia.

34. THE CONSTITUTION OF THE PEOPLE.-Jameson defines this as "its make-up as a political organism; that special adjustment of instrumentalities, powers, and functions, by which its form and operation are determined." This constitution is a part of the political character and life of the people. It is the constitution actually existing and working at any given time. It is never summed up in a document. It grows up with the state, and is not made or ordained. It changes as the people change.

1 Civil Liberty and Self-Government, 8, 9.

25. THE CONSTITUTION OF THE GOVERNMENT.-Dr. Brownson defines this as "simply a law ordained by the nation or people, instituting and organizing their government." Jameson say it is "the result of an attempt to represent in technica! language some particular constitution existing as an objective fact." Commonly this secondary constitution is in general accord with the primary one, but it always varies from it more or less widely. The Constitution of the People of the United States says that the President and Vice-President are elected by the people voting by States; the Constitution of the Government says they are elected by electors appointed as the several State legislatures may direct.

36. CONSTITUTIONAL GOVERNMENTS.-Every nation has a constitution considered as an objective fact, or a constitution of the people. But only those governments are called constitutional that are instituted and organized by some rules or statutes of binding force called constitutions. These constitutions may, in whole or in part, be the immediate concessions or grants of a king, as Magna Charta, but this is rarely the case unless they are sternly demanded by the state. The object of constitutions is to institute political power, and to define and limit its extent. Constitutions are of two kinds, written and unwritten.

37. WRITTEN CONSTITUTIONS.-The main difference between such a constitution and an ordinary law may be thus stated: A constitution is ordained by the state, or sovereign power, for the purpose of instituting the government, defining its powers, and directing by whom they shall be exercised. A law is enacted by the law-making power that the constitution has instituted, as a congress or a legislature, for the purpose of carrying on the government under the constitution. Such a constitution is also called an "organic act" and the "fundamental law." It is therefore a much more significant and solemn act than a common statute. A written constitution may be composed of old materials, and will be so to a large extent if it is successful; but it is always a definite act or transaction, an attempt to formulate the organic law. It is always a written document, lex scripta.

38. UNWRITTEN CONSTITUTIONS.

These constitutions grow up gradually, springing out of the character and life of the state. 1 The Constitutional Convention, Chap. III. The quotations from Brownson are given by Jameson.

CHAPTER II.

HOW THE THIRTEEN COLONIES WERE GOVERNED.

67. THE THREE CLASSES OF COLONIES.-As we have seen in the last chapter, colonies frequently passed from one class to another. Still, the three original types were preserved throughout the colonial period. This is the grouping at the time of the Revolution:

(1) The Charter Colonies were Massachusetts, Connecticut, and Rhode Island. The charters were written documents guaranteeing to the people certain rights, and may be compared to the State Constitutions of the present day. They sprang, however, from the Crown, and not from the people themselves.

(2) The Proprietary Colonies were Pennsylvania and Delaware and Maryland. The proprietors, William Penn and Lord Baltimore and their descendants, held their provinces by patents or charters emanating from the King, and these patents, together with the concessions of rights and privileges made to the people by the proprietors, had much the same effect as the New England charters.

(3) The Royal or Provincial Colonies were New Hampshire, New York, New Jersey, Virginia, North Carolina, South Carolina, and Georgia. The governors of these colonies administered them in conformity with written instructions given them from time to time by the Crown. No charter or patent stood between the people and the King; at the same time, the various concessions that the Crown made to the

people, together with the customary mode of government, formed a traditionary constitution or charter.

68. THE COLONIES MINIATURE ENGLANDS.-But while the thirteen colonies differed in these constitutional features, they substantially agreed in the form and machinery of their governments. They all reproduced, with variations of detail, the political institutions of England. Except that they did not possess sovereignty, and so were not proper states, they were Englands in miniature. In fact, the ultimate elements of their political organization and spirit must be sought in the history of the ancient tribes of Germany, and in the earlier history of the Indo-Germanic race. These will receive attention when we come, in Part III, to deal with local political institutions; here it will suffice to sketch the general features of the Central Colonial Governments.

69. THE FRAME-WORK OF THE COLONIAL GOVERNMENTS. -In every colony the central government consisted of three branches, the Legislative, the Executive, and the Judicial. Save in Pennsylvania, Delaware, and Georgia, the legislatures were bicameral, not unicameral; that is, they consisted of a lower house, commonly called the Assembly, or House of Representatives, and an upper house, called the Council. In those States the Council had no legislative power, but was merely an advisory executive body.

70. POWERS OF THE COLONIAL GOVERNMENTS.-The word colony expresses dependence more or less strict. Hereafter we shall see how the nature and extent of this dependence on England became the subject of angry contention; here it will suffice to describe the usual course of government.

The legislatures claimed the right to legislate on all matters of merely local concern, and this the home government usually granted. The charters enjoined the colonies not to infringe the laws of England; and about the close of the seventeenth

century Parliament enacted that "all laws, by-laws, usages, and customs, which should be enforced in any of the plantations, repugnant to any law made, or to be made, in this kingdom, relative to said plantations shall be utterly void and of non-effect." The power to decide what was repugnant, the home government retained in its own hands. All the colonies but Rhode Island and Maryland were required to submit their laws to the Crown for its approval; still, they took effect immediately on their passage, and continued in effect until formally set aside. Save in Connecticut and Rhode Island, the Governor had a veto on all legislation; he could also adjourn the legislature, and in some instances dissolve it and call for the election of a new assembly. The legislatures voted all colonial taxes. The courts adjudicated all cases arising under the colonial laws, subject, however, to an appeal to the King in council. Mr. Bryce's statement, "practically each colony was a self-governing commonwealth, left to manage its own affairs, with scarcely any interference from home," is a true description of the times preceding the differences leading to the Revolution.

71. POLITICAL RIGHTS.-In all the colonies, the people participated in carrying on the government, but in different degrees. The freemen elected the more numerous and powerful branch of the Legislature. In Connecticut and Rhode Island, they also elected the Council and the Governor. In Massachusetts, the Assembly elected the Council, subject to the Governor's veto. In the proprietary colonies, the proprietors appointed the Governors and the Councils. In the royal colonies, the Crown appointed both the Councils and the Governors. The Crown also appointed the Governor in Massachusetts, which has been well called a semi-royal colony. In some colonies, the Judges were for a time elected by the

1 The American Commonwealth, Chap. III.