281. On turning back to the "Classification of Am can Ideas," you will see that we have hitherto trea exclusively of "POLITICAL IDEAS, which are principles regulating the action of the people forming and maintaining the Government in s shape that it is strong enough to punish crimin and protect its citizens in the enjoyment of all th rights, and yet powerless to do any harm to its o law-abiding people." 282. We come now to the discussion of those LEG IDEAS which underlie the laws through wh the Government deals with accused persons criminals, and regulates the rights of property personal relations between man and man. 283. In Lesson 2, Sec. 53 (of Law), we saw i American Laws are divided into Criminal, Ci Maritime, Military, and Revenue Laws, and Law of Nations, Were we to undertake to give a clear idea of all tl departments of law, not only would such discus greatly exceed the limits of this work, and be above comprehension of young minds, but it would embra fold sccunied in common by all systems of lows all civilized nations have laws regulating punishment of criminals, personal righ armies, taxes, shipping, and foreign rela vast is the scope of these laws that ver professional lawyers are found to be expe any country save their own. We have b Lessons 20 and 21, explained the distincti idea which subordinates the military to the In Lessons 5 and 9, we have shown that there is no taxation without representation, officers employed in collecting the revenue a ble to the people. And in Lesson 22, we something of the American mode of dealing nations. We have now no more to say on t of Military or Revenue law, or the Law of Nat on the topics of Criminal and Cival Law, only to touch upon those fundamental ideas, our system, which are of vital importance t liberty and happiness; are expressed in our Co and Statutes, and easy of comprehension to eve OF CRIMES AND PUNISHMENTS. 284. What is the division line between criminal law? The same that distinguishes public from private 284. What is the distinction between criminal and civil law? Def wrongs? Define public wrongs? Give an instance of public wrong? (The teache gulating the arrest and onal rights, property, eign relations; and s that very few even of o be expert in those f Te have heretofore, in distinctive American ry to the civil power. Own that in Americs entation, and that all revenue are responsi 22, we have shown dealing with foreign say on the subjects w of Nations. And al Law, we propose l ideas, peculiar to rtance to personal 1 our Constitutions on to every reader. 3. iminal and civil private wrongs. aw? Define private ivate wrong? Of ing them to "Private wrongs or civil injuries, are an infri ment or privation of the civil rights which bel to individuals, considered merely as individu public wrongs, or crimes and misdemeanors, ar violation of the public rights and duties due to whole community, considered as a community its aggregate capacity. If I detain a field f another man, to which the law has given him a ri this is a civil injury and not a crime; for here only right of an individual is concerned, and it is immate to the public which of us is in possession of the la but treason, robbery, and murder, are properly ran among crimes; since, beside the injury done to indi uals, they strike at the very being of society, which not possibly exist if actions of this sort are suffered escape with impunity."* The divisions between cr inal and civil law are therefore the same as stated Sec. 53. 285. The criminal law being the protection of civil society to the individual members thereof, against the act such persons as will not voluntarily respect the rights others, must be framed and executed in such manner a show clearly what acts are criminal. How is this mand in the United States? The Legislatures of all the States, and the Cong of the United States, pass laws defining all the cri and misdemeanors which are intended to be punis by their respective courts. That is, the laws of e State refer only to crimes and misdemeanors commit *Blackstone's Com., Book IV, 5. 285. How must the criminal law be framed and executed? How is this aged in the United States? What is the distinctive jurisdiction between Government of the State and the United States in this department? Who i prosecuting party in criminal and~~~ |