43. The laws of descent, or inheritance, are different in different countries. In most countries of Europe, the land, or whole real estate of an owner, descends to his eldest son. This is the provision made to keep great estates entire, for supporting an order of nobles. But it is a law that does great injustice to the younger children. In the United States, every owner of property may dispose of it by will; but if he does not, his estate is distributed according to the laws of the state in which he lives; and in most cases, his property is divided equally among his heirs. This is in conformity to republican principles.

44. In our American governments, the powers are distributed into three departments, the legislative, the executive, and the judicial. The legislature is composed of persons elected by the people to make laws; the executive authority is vested in a governor, or chief magistrate, whose duty is to see the laws executed; the judiciary consists of judges, appointed by the legislature, or by the executive, and their duty is to decide causes or controversies which arise between the citizens.

45. The judges constitute courts, with different powers assigned to them by the laws. The lowest court is usually a single judge, as a justice of the peace, mayor of a city, or other magistrate. The powers of this judge are prescribed by the laws, and are usually confined to the trial of causes in which the demand is small. In many cases, if one party is dissatisfied with the judgment of this court, he may appeal to a higher court, and have the cause tried a second time. The jurisdiction of this court is usually confined to the town or city in which the judge resides.

46. The next higher court is, in most of our governments, the county court, whose jurisdiction extends over a county. This court has powers of a more extensive kind, than those of a justice of the peace. They can try causes in which the demand is much greater, than in cases which can be tried by a justice. These powers are defined or specified in the laws. But if either party is dissatisfied with their judgment, then the laws permit the party, when his demand is sufficient, to appeal to a still higher court, for a second trial. This is the superior, or supreme court.

court.

47. The superior, or supreme court, has power or jurisdiction which extends to the whole state. Their judgments are final or conclusive in most cases; but in some states, causes may be carried from this court, by writ of error, to a still higher This highest court is differently constituted in different states. The judges of the superior or supreme court, in some states, hold circuit courts; that is, one judge holds a court in each county, and writs of error may carry causes from this court, to a court held by all the judges.

48. The higher courts have jurisdiction both civil and crimínal. The civil jurisdiction gives the right to try causes of complaint and injury between individuals; such causes as arise on The contracts, notes, debts of all kinds, trespass, and the like. criminal jurisdiction extends to the trial of crimes committed in violation of law; as murder, manslaughter, arson, theft, robbery, burglary, forgery, and the like.

49. The trial of crimes, in all cases, and in civil causes, in most cases, is by a jury of freeholders. In the case of criminals, the case of an accused person is first tried by a grandjury, usually consisting of twenty-four freeholders. An officer, called the attorney-general, or solicitor, or state's attorney, is employed to prosecute the accused, in the name of the state. He presents the charges against him to the grand-jury, in a writing, called an indictment; the grand-jury examine witnesses, and if they think the charges supported, they return the indictment, indorsed a true bill. If not, they return it, indorsed ignoramus, (we are ignorant,) that is, we judge the charges not supported. The prisoner is then discharged.

50. If the grand-jury find a true bill, the accused person is committed to prison, unless bailed, and awaits a trial before a court, where the trial is by a petty jury of twelve freeholders. These trials by different juries, give the accused all the advantage possible, of a fair hearing and impartial judgment. The judgment or decision of this jury, is called a verdict, which signifies a true declaration, or decision. If an accused person is found guilty, the judge pronounces sentence of condemnation, and he is punished according to law.

51. The principal ministerial officer in a county, is the sherif, who has charge of the prison, and of all prisoners in the county, and executes the law upon offenders. He has also the power of serving writs and processes of all kinds, and to keep the peace, by arresting offenders, bringing them before a magistrate for examination, and committing them to prison. The officer of the United States, whose powers correspond to those of the sherif under the state government, is called a marshal, and his powers extend to the whole state. He executes process under the courts of the United States only.

52. Subordinate ministerial officers, are duputy-sherifs, constables, or bailifs. These also have the power of serving writs, summons, and executions, and of keeping the peace. Constables are, in some states, annually chosen by the people, in their town-meetings.

53. One of the most important provisions of our governments, is, that the judges of the highest courts hold their offices during good behavior; that is, while they perform their duties with integrity, they cannot be removed from their office. The reason

is, that if they are chosen or appointed annually, the fear of losing their office may bias their judgment, and they may not be impartial. But if they are not dependent on popular favor, they will be inclined to judge according to law, whether their decisions are popular or not. Experience proves that we cannot always depend on a faithful execution of the laws, when executive officers are liable to lose their office at the end of every year. It has been found in Great Britain, as in this country, that the highest court of law is the firmest barrier to defend the rights of citizens, against the usurpations of the other branches of government, and the violence of parties.*

CHAPTER LXI.

HUMAN IGNORANCE.

1. Our Creator has given to us certain faculties, or powers of mind, which enable us to discover the truths which are essential to our happiness, or adapted to our wants and convenience. Some of the most useful truths may be discovered by reason, without the aid of experience; but in temporal affairs, most of our knowledge, especially that which is practical, and adapted to guide us to the best means of promoting our safety and interest, is derived from experience.

2. In regard to the operations of the laws of nature, we know little more than facts, or the effects of causes; the causes of such effects being concealed from us, or being beyond the limits of our intellectual capacities. The Creator has endowed us with powers to understand, to remember, and to apply to useful purposes, such facts and events as are most necessary or useful to us, in preserving our lives, in securing our health, and in advancing our temporal interests; but he has seen fit to reserve to himself the knowledge of the causes of such facts, and the manner by which effects are produced.

3. We know, by constant observation, that the sun is the great source of light and heat; but we know not how, or by what force, his rays are sent to the earth, and to the other planets; nor can we understand the operation of the rays in producing heat. The knowledge of the fact, that the rays produce heat, is all which it is necessary for us to know.

4. We know that water is raised into the air by evaporation, and that it is at times condensed in clouds, and cast upon the earth in rain and snow; but the process by which these changes are carried on, we cannot see nor fully understand.

* For a view of the constitution of the United States, see my History of the United States.

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5. We know, by observation, that plants grow from the earth; that they live a certain time, increase to their proper size, produce their proper fruits, then cease to grow, and soon decay and perish. But how little do we understand of the operation of the causes of these facts? What force raises and circulates the sap? and how is that fluid converted into wood?

6. We observe that every plant produces a certain kind of seed, which invariably produces the same sort of plant. In this particular, no mistakes are ever made. An acorn produces an oak; a beech-nut produces a beech-tree; and a chestnut produces a tree of the same kind as that which produced the nut. These facts we know; but the laws by which this process is carried on, lie beyond our reach.

7. We see by these facts the kindness and benevolence of the Creator, in rendering the laws of nature invariable. If such laws were subject to change, we should have no certainty of producing from seed the same trees or grain which we plant and sow. And how miserable would be our condition, if we were uncertain whether wheat would produce wheat, or oats would produce oats! But by observing the constancy of the laws of the vegetable kingdom, we are able, with moral certainty, to supply ourselves with the precise articles which we want.

8. With nearly the same certainty, we are able to convert the fruits of the earth to the purposes of life. We know that flour moistened, raised with some fermenting substance, and subjected to heat, will make bread; a wholesome substance for food. We learn the process of preparing it, and unless we fail in the process, the effect is certain. The laws of leaven, and of heat, we cannot fully comprehend; but we know the results, and this is enough for us to understand.

9. We learn by experience, what plants are wholesome and good for food. We learn, by the same means, that some plants are useful for the cure of diseases; and others are poisonous, or injurious to health, and if taken into the stomach, are fatal to life. But the nature of the properties, or the manner in which they operate, we do not know, otherwise than by their effects. The peculiar shapes of the component particles of matter, are invisible; and whether the respective qualities of a plant proceed from the shape of its elements, or from other circumstances, is to us wholly a secret.

10. We know from observation, that the stomachs of animals possess some power of dissolving flesh and vegetables, and preparing them for nourishing the body. We know that these

substances are first changed into a soft substance, called chyme; that a further process forms chyle, a milky substance; and this, by further changes, is converted into blood, or nutriment for flesh. But the manner by which these changes are wrought, is invisible to human observation.

11. Some plants are sweet to the taste others are bitter, or sour; but what peculiar form of their particles gives them these qualities, we are utterly ignorant. Nor is it possible for us to discern the peculiar structure of the parts of plants, which constitute their firinness, durability, or color.

12. We know that water is the principal nutriment of plants; but by what process this fluid is converted into the substance of the plant, we are ignorant. The process is slow and invisible. We know by observation, that air and light are necessary to the perfection of most plants; but how these substances are changed, and combined with the substance of vegetables, we are unable to discover.

13. We observe that bodies, heavier than air, will fall to the earth, if raised, and not supported. We ascribe this effect to the attraction of the earth, or gravity. We give these names to the supposed cause; yet of the nature and operation of the cause, we are utterly ignorant. But knowing the effect, we are able to guard against the injuries to which men may be exposed, when they ascend above the earth. We know that they must be sufficiently supported, or they may fall and be killed, or maimed.

14. We learn by observation, that certain substances are combustible; that is, if fire is applied to them, they will take fire, and be consumed. This is sufficient for our own purposes of safety, whether we understand the nature of what we call fire, or not. The certainty that fire will burn and injure flesh, will lead us to avoid coming in contact with it, whether we can explain the manner of its operation, or not. We know the law of nature on this subject; and we are sure that the law of nature will not be suspended, nor altered, to save us from its effects, if we expose our bodies to its operation.

15. We know by observation and experience, that the use of ardent spirit will injure the body, to a greater or less degree; and that often it induces disease, and premature death. If these effects are not certain, they are common, and therefore probable. If, then, men indulge the practice of drinking, they knowingly risk the evils which are to follow. If they expose themselves to such evils, the loss of health and life, it is their own fault. The usual effects will not be suspended, to save men from their sufferings and destruction.

16. A certain portion of food is necessary to sustain life and strength. Of the proper quantity which a person requires, he is to judge for himself. But he learns by experience, that too great a quantity of food taken into the stomach, produces inconvenience, and unfits him for business or enjoyment. Knowing this to be the effect, he, if wise, will be temperate; but if he indulges appetite to excess, he is answerable for the incon