§2. We notice first the separation of the political and civil powers. The words _political_ and _civil_ are often used as having the same meaning. Thus, speaking of the system of government and laws of a country, we use the general term, "political institutions," or "civil institutions;" either of which is deemed correct. But these words have also a particular signification, as has already been shown in the distinction made in preceding chapters between political rights and civil rights, and between the political law and the municipal or civil laws. (Chap. II, and III.) Hence it appears, that what we mean by political power is the power exercised by the people in their political capacity, in adopting their constitution and electing the officers of the government; and that, by the civil power is meant the power exercised by these officers in administering the government. §3. In an absolute government, no such distinction exists; all power is centered in the supreme ruler. There is no political law binding on him. Being himself restrained by no positive laws or regulations that have been adopted by the people, or that may be altered by them, the people have no political rights. In a mixed government, or limited monarchy, political power is exercised to some extent. Although there is no written constitution adopted by the people, as in a republic, the members of one branch of the law-making power are elected by the people. In such election they are said to exercise political power. §4. We notice next the division of the civil power. This power, in well constructed governments, is divided into three departments, the legislative, the executive, and the judicial. The legislative department is that by which the laws of the state are made. The legislature is composed of two bodies, the members of which are elected by the people. In limited monarchies where one branch of the legislature is elective, the other is an aristocratic body, composed of men of wealth and dignity, as the British house of lords. §5. The executive department is intrusted with the power of executing, or carrying into effect, the laws of the state. There is in this department a governor, assisted by a number of other officers, some of whom are elected by the people; others are appointed in such manner as the constitution or laws prescribe. The powers and duties of the governor of a state will be more particularly described in another place. §6. The judicial department is that by which justice is administered to the citizens. It embraces the several courts of the state. All judges and justices of the peace are judicial officers; and they have power, and it is their business to judge of and apply the law in cases brought before them for trial. A more particular description of the powers and duties of judicial officers, and the manner of conducting trials in courts of justice, will be given elsewhere. (Chap. XVII-XX.)