Introduction to the science of government

Introduction

TO THE

SCIENCE OF GOVERNMENT,

AND

COMPEND OF THE CONSTITUTIONAL AND CIVIL JURISPRUDENCE OF THE UNITED STATES ;

WITH A BRIEF

TREATISE ON POLITICAL ECONOMY.

DESIGNED FOR THE USE OF FAMILIES AND SCHOOLS.

BY ANDREW W. YOUNG.

THIRD EDITION.

ALBANY: PUBLISHED BY W. C. LITTLE.

BUFFALO :

STEELE AND PECK.

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[Entered according to the Act of Congress, in the year 1839, by Warren Webster, in the Clerk’s Office of the District Court of the Northern District of New-York.]

STEREOTYPED BY R. C. VALENTINS, 45 GOLD-STREET, NEW-YORK.

I

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Preface

It is the peculiar fortune of the people of the United States, to live under a government that secures to them, in an extraordinary degree, the blessings of civil and reli¬ gious liberty. It is believed that no other form of govern¬ ment is capable of conferring upon its citizens an equai amount of happiness.

Under our constitution, sovereignty resides with the people : in other words, they have the power of governing themselves. Consequently, it is of the first importance, that the depositories of political power should know how to apply this power intelligently and judiciously. The power to make and to administer the laws, is delegated to the repre¬ sentatives and agents of the people ; the people should there¬ fore be competent to judge when, and how far, this power is constitutionally and beneficially exercised.

Distinguished as the American people are for their com¬ parative general intelligence, a large portion of them, it must be confessed, are greatly wanting in political know¬ ledge. And while so many books have been prepared to facilitate the means of instruction, and so much has been done in various ways to promote the interests of education generally, it is remarkable that the science of government has received so little attention.

Multitudes in this republic are annually arriving at that period of life, when they are to exercise, for the first time, their privileges as citizens. In the state of New York alone, the number is about fifteen thousand , and is com¬ posed, chiefly, of those whose education does not embrace even the first principles of political science. It is not to

PREFACE.

be expected that political power, in such hands, can be ex¬ ercised with safety to the government, or with benefit to the community.

In the education of youth for the business of life, it seems almost to be forgotten, that they are ever to assume the duties of citizens — duties of paramount importance, on the due performance of which, their individual happiness, as well as the happiness and prosperity of the nation, mainly depends.

The following just and forcible observations, are from a late report of the superintendent of common schools of the state of New York. They are entitled to the consideration of every citizen of this republic :

« On our common schools we must rely to prepare the great body of the people for maintaining inviolate the rights of freemen. If the political fabric cannot find in the public intelligence, a basis broad and firm enough to uphold it, it cannot long resist the shocks to which, through the collision of contending interests, it is continually ex¬ posed. Forty-nine out of every fifty of our citizens, re¬ ceive their education in the common schools. As they advance to manhood, they are, for the most part, devoted to manual employments. Looking to their own industry as their only resource, and to its fruits as the boundaries of their personal desires, the object nearest their hearts is to see their country prosperous, the laws administered with order and regularity, and the political importance, which the constitution has secured to them, maintained undimin¬ ished. The controversies to which conflicting interests give birth, are to be put at rest by their decision. In the questions of policy which are presented to them, consti¬ tutional principles are frequently involved, and the relation they bear, and may in all future time bear to the govern¬ ment, is directly or indirectly affected. How important is •it that their decisions should be as enlightened as they will be honest ; that with every motive to be upright and con¬ scientious in the exercise of their political rights, they should combine also the capacity to maintain them with indepem deuce and discretion ! If they shall ever cease to bring to

PREFACE.

the settlement of these great questions a sound and en¬ lightened discrimination, they cannot fail to become the dupes of artful leaders, and their country a prey to internal discord. From the genius of our political institutions, popular education is our only security against present and future dangers. Ignorance is said to be the parent of vice. With us it would also be the parent of those fatal disorders in the body politic, which have their certain issue in anarchy.”

In presenting this work to the public, the compiler intends to supply, in some measure, a deficiency that has too long existed in the course of education in this country. Several excellent treatises on the principles of government, and con¬ stitutional jurisprudence, have been published within a few years. But it is believed that of those which are intended as class books, none are, in all respects, well adapted to the use of our common schools.

But it is not for common schools exclusively, that this work is intended. It is believed that there are individuals in almost every family, who will find in it much valuable information to which they have not before had access.

The author has endeavored, throughout the work, to present each subject in a plain and familiar style ; and it is believed the language will be found sufficiently intelligible to those who are of suitable age and capacity to be benefited by the study of this science. And he would here take oc¬ casion to remind the reader or student of the importance of referring to his dictionary for the definition of such words as he does not understand. Much of the advantage of reading is often lost, especially to young persons, by the neglect of this practice.

The questions relating to the several sections, are deemed useful in exercising the pupil. A few only are inserted, leaving it to the teacher to add such further interrogatories as he shall find necessary. Teachers will also find occasion to tax their own resources, in enlarging upon and illustrating the several subjects, which could not be fully treated, without swelling the work to an improper size.

Originality in a work of this kind is hardly to be expected.

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PREFACE.

Whatever of merit, therefore, may be awarded to this un¬ pretending volume, is chiefly due to other and abler authors. Among the works to which the compiler is indebted, he would particularly mention, Sullivan’s « Political Class Book,” Chipman’s « Principles of Government,” Duer’s “ Outlines of Constitutional J urisprudence,” and the invalua¬ ble “ Commentaries” of Story and Kent.

With the hope that this treatise, notwithstanding its im¬ perfections, will be found in some degree useful, it is re¬ spectfully offered to the patronage of a liberal community.

Warsaw , Oct . 1835.

ADVERTISEMENT

TO THE

THIRD EDITION.

Two editions of this work have been published, and disposed of principally in a few of the western counties of the state of New- York. Its favorable reception has indu¬ ced the compiler to revise and essentially alter it, with a view to a more extended circulation. The former editions were designed more particularly for the state of New- York : the present edition is adapted to the states in gen¬ eral.

The several clauses of the constitution are introduced in the order in which they occur in that instrument, and copied in full. They are made conspicuous by being en¬ closed in double commas ; and the number of the article, section, and clause is affixed to each. Thus, although the several clauses are separated from each other by in¬ tervening commentaries, any part of the constitution may be readily referred to.

It will be seen that similar subjects occur in different parts of the work ; and that reference is made from sec¬ tions in one part, to sections in another, where the same subject is considered. The reader- will, in most cases, be benefited by examining the sections referred to.

The science of Political Economy is an essential part of education, and is beginning to receive that attention which its importance demands. Being nearly allied to the science of government, it was deemed proper to give the

8 advertisement to the third edition.

subject a place in this work. Without a knowledge of this science, no person can perform, efficiently, the duties of a legislator, nor even those of a private citizen.

The treatises on economy which the compiler has con¬ sulted, are Smith’s Wealth of Nations, and the works of Say and Wayland. He has not, however, on all subjects adopted the opinions of these authors.

It is to be remembered that this work is, as its title de¬ notes, an “ introduction ” to political science, being intend¬ ed to teach elementary principles, rather than to settle questions on which the most eminent statesmen and econ¬ omists are divided. Most of these controverted questions have therefore been avoided. The few, however, which have been introduced, have been freely discussed; and antagonist reasons have been stated, that the political stu¬ dent may be enabled to form intelligent opinions on sub¬ jects of public concern. It was considered inexpedient to keep altogether out of view those arguments which he will hereafter be called to meet in the discharge of politi¬ cal or legislative duties.

It has been a prominent object of the author, to impress upon the public mind a due sense of the value of our re¬ publican institutions, while he has endeavored to illus¬ trate clearly the principles upon which they are founded. If the attempt shall prove successful, he will consider his labors amply rewarded. And he indulges the hope that this volume, in its amended and improved form, will be acceptable to the public.

October , 1839.

CONTENTS,

CHAP. IV. Different Forms of Government . 22

CHAP. V. Of Sovereignty — and of the Separation and Distri¬ bution of the Political and Civil Powers . 25

CHAP. VI. The Manner in which Political Power is exercised.. 29 CHAP. VII. To whom the Exercise of Political Power ought to

be intrusted . 31

CHAP. VIII. Legislative Power. — Organization and Division of

the Legislature . 34

CHAP. IX. Manner of Enacting Laws . 38

CHAP. X. Executive Power . 41

CHAP. XI. Judicial Power . 45

CHAP. XII. Organization and Powers of Courts of Justice . 50

CHAP. XIII. Institution of Juries . 54

CHAP. XIV. Taxation. — Direct and Indirect Taxes . 57

Vice President . 160

CHAP. XXIII. Powers and Duties of the President . 163

CHAP. XXIV. Executive Auxiliaries. — Department of State — of the Treasury — of War — of the Navy — Attorney General... 169 CHAP. XXV. Judical Department. — Organization and Powers

of the several Courts . 173

CHAP. XXVI. Treason . 178

CHAP. XXVII. Effect of State Records — Privileges of Citizens — * Arrest of Fugitives — Admission of States — Disposal of Public

Contents

Property — Guaranty of Republican Form of Government to

the States . . . ; . 180

CHAP. XXVIII. Provision for Amendments — Assumption of the Public Debt — Supremacy of the Constitution — Oaths and

CHAP. VII. Division and Security of Property, an Encourage¬ ment to Industry . 260

CHAP. VIII. The Encouragement of Domestic Industry by Protective Duties..,.., . «... . .... . . 263

CONTENTS.

CHAP. IX. The Encouragement of Domestic Industry by Pro¬ tective Duties, continued.... . 266

CHAP. X. The Encouragement of Domestic Industry, continued.

— Origin of the Protective System in this country . 271

CHAP. XI. Effects of the Protective System of this Country.... 277 CHAP. XII. Effects of Internal Improvements on Productive

Industry . 281

CHAP. XIII. Exchange. — The Advantages of a Division of

Labor in Exchange, and of the Frequency of Exchanges . 284

CHAP. XIV. Origin of Money, and its Utility in Exchange . 288

CHAP. XV. Sundry Facts concerning Money . '. . 292

CHAP. XVI. The Nature and Utility of Banks. — Banks of De¬ posit and Exchange . 295

CHAP. XVII. Banks for Discounting Bills and Notes, or for

Loaning Money . 299

CHAP. XVIII. Banks of Deposit, Discount, and Circulation,

and of Paper-Money . . . 302

CHAP. XIX. Distribution. — Wages, or the Price paid for Labor.. 308 CHAP. XX. Interest, or the Price paid for the Use of Capital. —

Rent of Land..... . 312

CHAP. XXI. Consumption. — Individual Consumption . 318

CHAP. XXII. Public Consumption . 322

The Declaration of Independence . 328

Part First. Principles Of Government

CHAPTER I.

Government. — Capacity of Man for Society , and for Civil Government.

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§ 1. Government is the exercise of authority, or direction and restraint exercised over the actions of men. In a polit¬ ical sense, it signifies that form of fundamental rules by which a nation or state is governed, or by which the mem¬ bers of a body politic are to regulate their social actions. It means also the administration of public affairs, according to established constitutions, laws, and usages : and some¬ times it signifies the persons or officers who make and ad¬ minister the laws of a state or nation.

§ 2. Government presupposes that man is a social being. He is fitted, by the laws of his nature, for society and for civil government and laws. The Creator has so formed man, that he is dependent upon his fellow man. He stands in need of the assistance of creatures like himself, to pre¬ serve and protect his own being, and to enjoy the life of a rational animal. Nature has given to men the advantages of reason and speech, or at least the faculty of acquiring them by intercourse with their fellow beings. By con¬ versing with each other, they are enabled to improve their reason and knowledge, and to find methods of supplying their wants, without that natural strength which is given to other animals.

§ 3. That mankind are by nature designed for society, may be inferred also from their disposition to associate with

Exercises. — § 1. What is government ? § 2, 3. Wherein consist

PRINCIPLES OF GOVERNMENT.

each other. This natural appetite or propensity for asso¬ ciation, and the pleasure which is derived from it, are com¬ mon to all mankind. Without society, man would be destitiite of rational enjoyment.

§ 4. Man is also fitted, by nature, for civil government and laws. He is capable of discerning his own wants and the wants of others. He has the faculty of acquiring a knowledge or perception of what is morally right or wrong, and a sense of obligation to do what is right, and to forbear to do what is wrong. His reason enables him to under¬ stand the meaning of laws, and to discover what laws are necessary to regulate human actions.

§ 5. Some have supposed that the savage or uncivilized state is capable of affording the highest degree of happiness ; that the social improvements and civil government encou¬ rage vice, and cause the evils which exist in society. It is believed by others, that laws are necessary only to restrain the evil passions of men, and to prevent the miseries which they are prone to inflict upon each other : consequently, were all men virtuous and purely benevolent, laws for their government would be wholly unnecessary. If, however, it be admitted, that mankind are by nature formed for society, it is reasonable to conclude, that laws of some kind are necessary to regulate their social actions, and to secure to them the enjoyment of their natural rights, how virtuous soever they may be.

§ 6. Whatever may be true in respect to these several opinions, it must be admitted, that man is imperfect and fallible ; and, being capable of vicious as well as virtuous actions, he is liable to deviate from the rule of rectitude, and to infringe the rights of others. So that, whether his trans¬ gression be the result of his ignorance, of the weakness of his judgment, or of the wickedness of his disposition, laws are necessary to prevent him from disturbing the happiness, or from injuring the person or property, of his neighbor.

§ 7. Hence, mankind have, from an early period, formed themselves into political communities, or bodies politic. A

man’s qualifications by nature for society ? § 4. Wherein consists his

capacity for civil government ? § 5. What different opinions prevail

concerning the effect of the social improvements and of laws upon mankind ? § 6. Why are laws necessary ? § 7. How are mankind

RIGHTS AND LIBERTY.

community is a society of people living under the same laws and regulations, and having common rights and privileges ; as a commonwealth, state, or nation. A body 'politic , or corporation, means a number of persons formed or incorpo¬ rated into one body, with the power of acting under one name. The word, corporation, is derived from the Latin, corpus , signifying body. A corporation has a perpetual succession. When the persons which constitute a corpora¬ tion have passed off, and their places been taken by others, the corporation still exists. Every state, county, or town, as well as every bank or railroad company, authorized by law to act as a single person, is a corporation.

Chapter II

Human Rights . — Natural, Civil, Political, and Religious Rights and Liberty.

§ 8. Government is founded in the rights of man. To secure the free enjoyment of these rights is the proper object of civil institutions. Right, in the sense in which it is here used, means the just claim, ownership, or lawful title, which a person has to any thing. Thus, a man has a right to the money or other property which he has earned by his labor, because he may dispose of it as he chooses. He has a right to his own body and mind : he may act and think as he will ; provided, however, that he does not injure others ; for all men have the same rights ; and no person has the right to disturb another in the peaceable enjoyment of his natural rights.

§ 9. The object and origin of good government are cor¬ rectly stated in the American Declaration of Independence ; which declares, “ that all men are endowed by their Creator with certain unalienable rights ; that among these are life.

associated for the purposes of government ? Define communities and bodies politic.

§ 8. What is the meaning of right ? § 9. What is the object of good

PRINCIPLES OF GOVERNMENT.

liberty, and the pursuit of happiness : that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; and that, when any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”

§ 10. The rights of mankind are variously denominated : first, natural rights ; secondly, political rights ; and thirdly, civil rights. Natural rights are those which are founded in the laws of our nature ; and are said to consist in the right of personal liberty, or the right to be free in our persons or bodies, and to use them as we think fit ; in the right of per. sonal security, which is the right to be protected against injury to our bodies or good name ; and in the right of property, the right to enjoy and dispose of whatsoever be. longs to us, as we think proper. These rights are also called unalienable, as they cannot be alienated, or justly taken from us. They may, however, be forfeited by crime. A man may be deprived of his liberty, to prevent his injuring others ; and he may be justly fined or imprisoned for crimes committed against the good and wholesome laws of the community.

§ 11. Political rights are defined to be the rights and powers retained by the people in the constitution or funda¬ mental law of the state. The right of electing or appointing the officers of the government, and the power of altering or amending the constitution, are rights conferred by the con¬ stitution, and are therefore called political rights. The dis¬ tinction between political and civil rights is not made by all political writers. There is, however, an obvious distinction, which will be made more clearly to appear from the defini¬ tion given, in another place, of the political and civil powers of government. (§ 41-47.)

§ 12. Civil rights are those which are secured to citizens government? § 10. How are the various classes of human rights denominated? What are natural rights? §11. What are political rights ? § 12. What are civil rights ? What is meant by the civil

RIGHTS AND LIBERTY.

by the civil compact. By civil compact is meant the agree¬ ment or contract, by the terms of which the members of a community are governed. The rights of personal liberty, personal security, and of private property, though denomi¬ nated natural rights because they originate in the laws of social nature, are, when we speak of them as being guaran¬ tied by civil laws, properly called civil rights.

§ 13. Liberty , in a general sense, is freedom from re¬ straint, and is applicable to the body, will, or mind. It consists in the free exercise and enjoyment of one’s rights ; or in being free to act and think as he pleases. There is this difference between right and liberty: Right respects the claim or title which a person has to a thing ; liberty, the free use and enjoyment of that right. A man’s liberty may be destroyed ; but his right to freedom will still remain. His property may be wrested from him ; but his right to the same will not thereby be lost.

§ 14. Natural liberty consists in being free to act without constraint, except that which is imposed by the laws of social nature : or, moral or natural liberty is the permission which nature gives to all mankind of disposing of their persons and property in the manner they shall judge most consonant to their own happiness ; on condition that they act according to the laws of nature ; that they do not abuse this liberty to the injury of other men ; and that they practise towards others those moral duties which these laws enjoin.

§ 15. It is a common sentiment, that mankind, in a state of civil society, do not enjoy natural liberty to its full extent. They imagine it to be that liberty which gives rein to the wicked passions of men, and leaves them free to pursue their own interest and happiness, to the prejudice of other men. Hence, it is maintained, that, on entering into civil society, man gives up a portion of his natural liberty, and of. his natural rights. But the correctness of this sentiment does not clearly appear. If man be, by the laws of his nature, constituted a moral and social being, he can have no natural right to injure himself or others. Natural liberty accords with the principles of justice, which require every compact? § 13. What is liberty ? § 14. Wherein does natural liberty consist ? § 15. Does natural liberty imply the right of man to injure 2*

. PRINCIPLES OF GOVERNMENT.

man to love his neighbor as himself, and to seek the happi¬ ness of eveiy other member of society as carefully as he seeks his own.

§ 16. Civil liberty is the liberty of men, in a state of so¬ ciety, to exercise and enjoy civil rights — rights guarantied by civil institutions. It is the liberty which a man enjoys, as a member of society, restrained by laws so far only as is necessary and expedient for the general advantage of the public. Civil liberty can exist in perfection only under laws which secure, in the highest degree possible, the welfare and happiness of the whole community.

§ 17. Political liberty is sometimes improperly spoken of as synonymous with civil liberty. But, though often con¬ founded, these terms are distinct in their meaning. Poli¬ tical liberty denotes the free exercise and enjoyment of political rights and powers reserved to the people by the fundamental laws, the constitution of the state. It is by this liberty that the civil and religious liberties of the citizens of a nation or state are secured to them.

§ 18. Among the most important rights of mankind, is the right of opinion. This is a natural right ; and, in all free governments, is secured by the civil and political laws. Hence, it is also called a civil and political right. It is the right which a man has to express and to publish his religious opinions, and his opinions on all subjects relating to the government. In exercising this right, however, he may not violate the rights of others, or disturb the good order of so¬ ciety. The right of a person to act agreeably to his reli¬ gious opinion, is called the right of conscience ; and his free¬ dom to exercise and enjoy this right, is denominated religious liberty. This liberty, called also the liberty of conscience, is defined to be “ the liberty which a man has of discussing and maintaining his religious opinions, and of worshiping God in that way and manner which he believes in his con¬ science to be most acceptable to his Maker.” The liberty of speech and of the press, and the liberty of conscience, are duly guarantied to the people of the United States.

his fellow man ? § 16. What is civil liberty ? § 17. What is political liberty ? § 18. What is understood by the right of opinion ? What particular rights does it include ? What is religious liberty ?

THE NATURE OF LAWS.

Chapter III

Laws . — The Law of Nature- — Law of Revelation — Munici¬ pal Law — Law of Nations .

§ 19. Law, in its widest sense, signifies a rule of action, and is applied to all kinds of action, whether animate or inanimate, rational or irrational. According to established principles in nature, all matter tends to decay ; all ponderous bodies determine towards the centre of the earth ; heat and moisture promote the growth of pla'nts. This invariable tendency of all species of matter to certain motions, changes, and relations, as well as those which govern human conduct, are called physical laws, or the laws of nature. Law , in a more limited sense, denotes the rules of human action ; the precepts by which man, as a moral, social, and accountable being, is commanded to regulate his behavior.

§ 20. The law of nature , as applied to man, is a rule of action arising out of the natural relations which he sustains to his Creator and to his fellow men. As a creature, he must be subject to the laws of his Creator, on whom he is dependent. The will of the Creator is his law, and is called the law of nature. This law is founded in those relations of justice which existed in the nature of things prior to any positive precept ; that is, it is a perfect rule for all rational and moral beings, and is right in itself, without depending on any positive command to make it so. It is that eternal law of right to which God himself conforms. Man, as a social being, is subject to the same law. He is in a mea¬ sure dependent on his fellow beings. All men being created equal, each is bound by the unchangeable principles of natural justice, to render to all others that assistance which is neces¬ sary to make them as happy as himself.

§ 21. The law of revelation is that which is found in the Holy Scriptures, in which Divine Providence has directly revealed his will to mankind. This law is designed to aid man, in his present imperfect state, in acquiring a know-

§ 19. What is law ? § 20. What is meant by the law of nature ? $ 21. What is the law of revelation ? What is the tendency of these

PRINCIPLES OF GOVERNMENT.

ledge of his duty to his Maker, and to his fellow men. Tins revealed or divine law agrees with the original law of nature. Both originate from the same source, are equally binding, and tend alike to promote the good of mankind. All human laws derive their force from the laws of nature and revela, tion ; and so far as they are contrary to the natural or divine law, they are not morally binding upon men.

§ 22. Law, as the word is generally used, has reference to the government of men as members of the body politic ; and signifies an established rule, prescribed by a competent authority in the state, commanding what its citizens are to do, and prohibiting what they are not to do. As it is de¬ signed to regulate the conduct of the members of a com¬ munity, and to secure to them their civil rights, it is called municipal, or civil law. Civil law originally signified the Roman law ; and it is sometimes still used to designate that law. Municipal, derived from a Latin word, had reference to the particular customs of a single municipium , or free town ; but it is now, with sufficient propriety, applied to a state or nation governed by the same laws and customs.