CHAPTER II. 

 Of the Functions of the State Generally. 



§ 19. Of the Relation Betaeen the Functions, and the Rights of the State. 



The end of the State, as we have observed, is not only to insure the 

 safety and peace of the individuals that compose it ; it extends also to 

 the promotion of their welfare in other ways. IJut this end, as we have 

 seen, is accomplished, not by means of government exclusively, but also, 

 and perhaps chiefly, by individual action, and the natural influences of 

 society upon men. The functions of the State are, therefore, to be 

 divided into two classes essentially diff'erent from each other, viz., the 

 automatic or non-political functions, and the political functions, or func- 

 tions of government. The former constitute a subject of great impor- 

 tance, which we have already touched upon and will again refer to ; but 

 in the present chapter, we will confine our attention to the political, or 

 governmental functions of the Stale, only ; and as these are all exercised 

 by the government, we may, with regard to them, use the term govern- 

 ment, instead of State ; which will be found to be the most convenient 

 form of expression. 



By the expression, the functions of the government, or the political 

 functions of the State, is meant simply the duties of the government, con- 

 sidered generally, or, in other words, tlie modes in which the powers or 

 rights of the government ought to be exercised. The relation existing be- 

 tween the functions and the rights of the government is, therefore, obvious. 

 The government is rightfully vested with all the powers necessary to the 

 efiicient performance of its functions, and the extent of its rights is to be 

 determined by this necessity. On the other hand, the exercise of any 

 function by the government is the assertion of an assumed right, and can 

 be justified only by establishing the right. The question of function and 

 the question oi right are, therefore, so closely implicated that the one can- 

 not well be considered without touching upon the other. 



The two questions, however, are not to be considered as identical ; for 

 obviously the rights of the government are more extensive than its func- 

 tions ; for the functions, or duties of the government, under diflerent cir- 

 cumstances, are infinitely various, diflicult to determine and admitting of 

 great variety in the mode and means of performance ; and hence, to 

 enable the government to perform them, there must be vested in it 

 the power, or right, to determine what its duties are, and the times, modes 

 and means by which they shall be performed. And, while it is the duty, 

 or function, of the government to act wisely, and with the single view to 

 the good of the people, yet, obviously, the power to decide necessarily 



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