4. That the voter, having voted, has, from that time forth, not a particle of legal control over his representative.

5. And lastly, that, if he has any such control, it is not conferred upon him by his having voted in favor of the representative. The ballot is secret, or is supposed to be so, and all control lawfully exercised over a representative, should, of course, be shared as well by individuals who voted against, as by those who voted for him. The law never knows who are, or who are not, the constituents.

6. If any legal method is established of instructing representatives, it must be by the assembling of all the voters of the district, of all opinions and parties, and submitting the particular question to them, the majority deciding. By such an arrangement Legislatures would be reduced to committees for the initiation of laws, and every measure would have to be decided on by the entire nation.

From the above reasoning, we are forced conclude that the "doctrine of instruction" is merely paradoxical, and arises from two different delusions, to wit;—

The confounding of honor and duty, and,

The opinion that the power of the representative is conferred upon him directly by the votes of his political constituents.

A man is free, only when he is able to provide for his own wants, and has his moral faculties perfect. He must be able to will and to execute his will, to reason in some measure, and to defend himself against common casualties, else to call him free is mere mockery.

To say that a man "is born free" is merely to assert a falsehood, if we take the paradox as it stands and without explanation.

We have to enquire then what is meant by that universal freedom which is claimed even for the newly born, as a right attaching to humanity.

There are three kinds of rights, namely, those of the social and of the political and religious state. Rights of the Social state

are defined and regulated by manners: Rights of the Political state by laws: Rights of the Religious state by creeds.

There is a superiority of manners which is natural and acquired belonging to station and to domestic and social influence. From all these together, flows a social "right" of superiority founded upon decency; which gives to the heads of families, and to personal superiority of every kind, its legitimate and natural advantage, independently of every adventitious aid, and which is recognised alike by savage and by saint.

The manners of a people form an unwritten code; they are the defence of modesty, the protection of innocence; they

make life tolerable and even sweet and agreeable. In the practice of good manners and in the enjoyment of them, in social, domestic, and even playful and hilarious intercourse, lies perhaps two-thirds of the pleasure of existence. Society could not exist an instant without the manners; the streets of the city would become instantaneously a scene of terror and of violence; no man would turn aside for his neighbor; life would become a battle scene, or rather a mèlè of wild beasts.

Manners have their rights; which rights are accompanied, each, by a duty to be fulfilled. Right and duty are the two poles of human relationship; the one generates the other, and like action and reaction, they are exactly equal in the obligation they generate. Thus if there be a duty of hospitality there is the right to expect good treatment. If there is the right of conferring favors, there is the duty of gratitude. If there is the obligation of courtesy in accidental intercourse with strangers, there is the duty of acknowledging it. But in using the words, right and duty, in relation to the social state, we continually mislead and misunderstand ourselves, since nothing here is expected, as if it were a payment, or that is of the nature of a legal obligation. The code of honor alone prevails in social intercourse, and honor, though it be the analagon of justice, is not justice itself, since it recognizes no property nor individuality, and presides exclusively over the domain of love and courage. Its code is unwritten, for the same reason that the movements of the heart are unwritten, and cannot be scientifically defined.

There are probably few who will deny that every human being is born into this world under a full obligation to perform all the duties of courtesy and decency. These duties, as we have already seen, are the correlatives of rights: even the slave is a member of the social state; the social state into which he is born, lays him under all the obligations of courtesy and decency; and, by a law equally imperative, the master is bound to the good treatment of his slave. It is unnecessary to argue such a position; nature has planted its defence in the mind and heart of every gentleman: the violation of this unwritten code of the manners established for the security, as we have said,

of weakness, modesty and innocence, indicates the presence of the beast in man, or, in other words, the absence of those high qualities and heroic traits which complete and crown humanity.

We are in no danger of deceiving by a paradox, when we say all men are born to the obligations of courtesy and civility. But now let us illustrate the paradoxical expression, apparently so false, by the other extreme of the moral world, viz: that of belief or religious society. Religion is a ground upon which masses of people are brought together without distinction of sex, age, affinity or social position, to indulge in a spiritual privelege-the great and wonderful privelege of worship, by music, and prayer, and ceremony, and exhortation. The religious society has a written code, whose first quality is that it is established and unchangeable, even to its minutest expessions and literations.

As the code of Society, infinitely excellent tho' it be, and showing an open divinity in its operation--since none but God could have so contrived and balanced the social state;while this code is unwritten and is perpetually changing and fluctuating in its detail, its principle remaining ever the same :-the outside varying and fluctuating like the waves of the sea, or rather like the seasonal changes of vegetation, its central principles of filiality and honor remaining, meanwhile, eternally the same; with Religious society the reverse is true, since nothing is more fixed and unchangeable than the form, and literate tradition of worship and belief; on the other hand, nothing is more varied and fluctuating, more subject to differences, and grades of higher and lower, and more and less, than the central religious principle, or soul of worship, which exteriorates the ceremony of religion.

No man will deny, at least no thinking man, that the human creature is born into the world under an obligation to revere the great Cause of his existence and of his felicity, when he sees the presence in himself or in others. The divinity in man moves him to works of beneficence, of charity, and of philanthropy, which have their origin in no individual preference but in that same Principle, by which the idea of Divinity is conceived as a creative power, and which imitates its source.

All men

are, therefore, necessarily born into the duties of reverence; and by the same rule they are born to the possession of certain religious rights; no man's life can be taken from him, for opinion's sake, or because the exterioration of his religious sentiment, the form of his pious impulses, is not the same with our own. For the demonstration of this truth, we can appeal only, as before, to the spirit of wisdom in the human breast. If the spirit be not there, the appeal is lost. There are, then, two other paradoxes, beside the political one, that "all men are born free and equal;" to wit, the paradox that all men are born to be treated with decency and courtesy, and that they are born also with the rights and the duties of reverence and religious privilege. To pollute the soul of an infant with blasphemy or with dishonor, is treason against God. It is unnecessary to argue such a position: the child is born with social and religious rights, even though it be a slave, and these rights are incidental to its humanity, and belong to it because it is something better than a brute.

If we understand these two first paradoxes which contain hidden in them the the fundamental truths of the religious and the social, we are prepared the better to seize the meaning of the third, which is that of the political state. The social, religious, and political, do, indeed, form one great human society, but to comprehend their unity, it is necessary first to become master of them in their diversity. All men are born to certain rights and certain duties; the duty, first, to obey that which is above them, and upon which they depend for existence and protection, and the right to govern and command that which is beneath them, and which depends upon them for the same. Political duty and political right develope each other, and one cannot exist without the other. Every man has something to govern, he has the inferior, or brutish nature in his own person to govern, or he has it to control in others around him, near him, and dependent on him; whether that brutish nature be lodged in a child or a beast, it has still to be governed, and it is that alone which needs governing. Ignorance, dullness, avarice, fury and cruelty, and all the train of passions and desires, have to be governed, and it is over them that God,

through Reason, has erected the Political state. The Right to Govern must be acknowledged first, and is founded on necessity; in it we discover the germ of the political state, and the reason of its existence. The state is no theory, but a fact, composed indeed of many lesser facts, but in itself a great and obvious fact, open to the sight of every man. The right to govern is of course proportioned to the ability of governing, practically speaking, since the absence of ability disqualifies for performance; nor by any state contrivances or constitutional arrangements can thegovernance of a fool or a knave, or any incapable creature, be made acceptable to God or man. It may be constitutionally necessary to endure it for a time, but it is none the less an evil and a mischief, and by our constitution the terms of office are made short, in order the more quickly to terminate the rule of folly. All men are then born into this world with a right to govern, in proportion to their ability, the kingdom given to them by nature and circumstance, if it be only the little world of their own passions. passions. It is impossible to speak the whole truth on any occasion, but we seem ourselves to have uttered at least a part of it. All men are born, also, (and this will be much more readily admitted,) to the duty of obedience. The inferior-that is, the less reasonable, the less humane, the less virtuous, the less spiritual, the more brutish, furious, selfish, slavish, weak and impulsive nature, in which there is less and evidence of the presence of divinity, or law-must give way to, and be governed by the superior nature. Either this, or what we name the anarchical state, must happen: there is no alternative. For those who cannot govern themselves, if they be human, and just so far, and in just such particulars as they cannot act from the impulses of their own nature without detriment to themselves or others, there is appointed one of two things, either a government or spiritual death; either to be subjects in the kingdom of reason, or to become borderers and outlaws from that kingdom; receiving no light but the light of nature, a light which visits only instinct, and teaches man to crawl stealthily, to ravin, and snatch their desires, but shows them nothing of Divinity, and gives them nothing of the privileges of reason or

are free through the fulfillment of the law; and the political state will represent by its constitution the quantity, if we may use such a form of expression--the quantity and condition of the free or governing power in the individuals which compose it. The degrees of the freedom of all are unequal: from the lowest to the highest the distance is great indeed, but from the brute to the poorest savage the distance is properly infinite, and the poorest savage with reason, or with the governing and obeying faculty is infinitely beyond, and is master of the brute who has neither.

It would be impossible, however, to construct a state which should represent by its constitution the freedom or governing power of each individual that composed it. Political classifications have been attempted, and ended in the establishment of the evils they were intended to cure; and therefore, the declaration of human right says, "men are born free and equal," because freedom and equality are the traits of man in every station of life, and the practical state exists by the performance of the duties of obedience and governance.