11 



the absolute right in each individual to do exactly according 

 to his pleasure would inevitably lead to coaflict, there be- 

 comes, of necessity, one qualification ; and upon that one 

 qualification is based the whole justification of civil govern- 

 ment; that qualification Is, that in the exercise of one's own 

 right, he shall not violate the rights of another ; that each 

 man shall so use his own as not to abuse another's. The 

 best government, therefore, is that which allows the largest 

 latitude of thought, opinion, conscience and conduct in the 

 subject of it ; a government, which neither coerces nor re- 

 strains individual action ; which is unseen ; unfelt in its 

 operations ; whose legitimate authority is strictly limited 

 to two specific subjects, to wit : its own self-protection, and 

 the restraint of an individual from doing injury to the rights 

 of another. To him who will look carefully into the true 

 principles of a government, which is to be the bulwark and 

 defence of civil and religious liberty, these two duties will 

 appear to be the paramount — indeed — the sole ones. It is 

 true, that we have a mass of laws and an aggregation of legal 

 decisions, more or less obligatory upon the citizen, which 

 fill volumes, that a lifetime does not suffice to read; but, if in 

 all that multifariousness of laws, there is one single rule 

 which goes beyond the limit I have named, so far there is 

 usurpation beyond the true bounds of good government. 

 Under our own law, an examination of the entire Crim- 

 inal Code will show, that thei-e is no one offence, which the 

 law-maker did not consider either an act like treason, which 

 attempts the subversion of the government, or some act Avhlch 

 tends to undermine the government, or some wrong to an in- 

 dividual. The Civil Code merely decides between the indi- 

 vidual claimants to the same right. The true standard, 

 therefore, by which to test a government, or to test legis- 

 lation, is this : — Is the measure proposed necessary either 

 for the protection of tlie government itself, or for the en- 

 joyment of each individual of his right to do exactly as he 

 pleases, with this only qualification, that he shall not, in so 



