§11. But there are certain particulars in which all corporations are not the same. A state has been defined to be a body politic, or corporation. (Chap. I. §10; III, §5.) But it differs from other government corporations, as counties, towns, cities, &c., in this: the latter are formed by acts of the legislature; but a state is formed by the people in their political capacity in establishing the constitution.
§12. Again, all these government corporations differ from incorporated business companies. In forming a town or city, many persons are brought into the corporation against their wishes or consent; because, in governments, all who live within certain prescribed bounds must come under the same laws; but of an incorporated business association, as of a common business partnership, none become members but by their own act or choice. There is another difference: The latter are what are called _stock_ companies; and although they may be continued after the death of the first corporators, those who afterward come into the association, do so by becoming owners of the capital stock of those who preceded them. This latter difference will more clearly appear from the more particular description, elsewhere given, of the incorporated companies, and of the manner in which the stock is transferred. (Chap. XXIII, §11--15.)
§1. Having seen how the legislative and executive departments of a state government are constituted, and how the laws are made and executed, the manner in which the local affairs of counties and towns are conducted, and the powers and duties of their respective officers; we proceed to describe the _judicial_ department, the powers and duties of judicial officers, and the manner in which justice is administered.
§2. It is the business of the legislature to determine what acts shall be deemed public offenses, or crimes, and to make laws for securing justice to the citizens in their dealings and general intercourse with each other; but to judge of and apply the laws; that is, to determine what the law is and whether it has been broken, and to fix the just measure of damage or of punishment, and to order such decision to be carried into effect, are duties which, as has been observed, have been wisely assigned to a separate and distinct department. (Chap. VIII. §7.)