The municipalist : in two parts ... [and addendum].

Front matter

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UNITED STATES OF AMERICA

Preface

It is customary to say that republics can not exist without public virtue. There is much truth in this saying, which, also, is applicable to monarchies ; but, by a careful study of the history of both, it will be perceived that the causes of the downfall of republics in particular, are principally owing to their imperfect organization in regard to three entirely material, and constantly varying subjects, namely : Population, Size of State, and its subdivisions, and Public Business, and not exactly to a too great deficiency of public virtue alone, because men, on an average, are the same, at the time when they set up republics, and when they suffer them to become monarchized. The difference is that, at the first epoch, population, size, and business, were adequate to the republican, and at the latter period to the monarchical form of government. It is, however, true and obvious, from all we see and read, that public virtue is, with us, at a low ebb. Why is this ? We have schools for all, innumerable churches, religious meetings and publications, colleges and academies in all towns and cities, books in all houses, and newspapers showering upon us in clouds ; pushed on by a noble zeal for improvement, we organize universities, scientific associations, tract societies, reading-rooms libraries, one after another; still, the inestimable principles and durable advantages of honesty and justice to communities, and individuals composing them, seem to be lost sight of, and hence, public corruption is' constantly increasing. Why, we ask agaii.

is this ? It is further true, that a state institution is either the most powerful social agent, to promote the sense of honesty and justice, the mother of public virtue, or the most effective machinery to sow the seed of vice, from which spring up public corruption, broadcast over the land. History tells of bad and good states, of meir bad and good influences upon the public morals, characters, and inclinations of men. A close observer may discern, in this regard, a great difference even between our own states, although all are republics. Now, when we can not deny that our society, although in the full possession of the most abundant moral and intellectual means for the general improvement of which ever an age could boast, from day to day is degenerating, we must necessarily come to the conclusion that our political institutions, generally speaking, are working in the wrong direction, and therefore need reforming.

This conclusion has been virtually admitted by the legislature of the largest state in the Union, that of New York, when resolving, without a dissenting vote, to take the sense of the people on the amending of the constitution at the next November election. The press has been teeming with loud complaints of public corruption, and a deficient administration of justice, in fact, a failure of the state institution itself. This resolve of the legislature should, therefore, have not taken it, or the citizens, by surprise. A glance at the commercial crisis, the effects of which are still felt all over the world, and the role which the banks and judiciary of the empire state played in it — at the legislative encroachments upon the simplest, clearest, and most sacred municipal rights of towns — at the defective management of the public works — at the overpowering influence of the lobbies on the legislature — at the increase of public debt, taxes, crime, and mobism — at the delay, confusion, and corruption, in the judicial procedures — at the abuse of the executive pardoning power — at the defective workings of the jury — at the insecurity of life and property ; a mere glance, we say, at these crying evils, comprised by the words " public corruption," necessarily more acutely felt by the legislators themselves than others, because more directly evident to them, was sufficient to determine them at once, without waiting for renewed newspaper discussions, to resort to the revision of the constitution, perhaps involving an overhauling of the whole state machinery.

The voting upon the amending of the constitution, at this period of our state history, is, therefore, a most important act of the people, because it depends upon it to restore the sullied honor of our noble form of government, and to check, in a large measure, the onward course of public corruption. We will succeed if we go earnestly to work, with a thorough knowledge of the causes of the evil and the way to remove them.

To afford, now, to each voter, to each family, an easy opportunity to inform themselves thoroughly of those causes and remedies, and the paramount necessity of amending their present constitution, is the aim of this book.

This, so we thought, could not be done better than by a comprehensive explanation and critical discussion of the American system of governing, as it originally is, that is, of the federal constitution, the ruling guide for the management of the national public business, and of the state constitution, under revision, serving as a guide for the management of the municipal public business, with regard to the prevalent practice in both Congress and state.

Almost simultaneously with the legislature of New York, that of Maryland resolved to take the sense of the people upon the amending their constitution of 1851. The vote, soon after cast, was against a change. Both have introduced an elective judiciary ; from both states come loud complaints of a defective administration of justice ! These are significant signs on the political horizon. If we have exposed and explained them frankly as we find them,Ve did not intend to reflect upon any man ; no, but merely to show what defects, especially, in the municipal social organization, have been instrumental to produce the complainedof results. We hope, therefore, that this book, written as it is from mere patriotic motives, will meet a patriotic welcome, and recommend itself to the candid and generous notice of the press.

Besides a critical examination of these constitutions, the reader will find in this book general instructive remarks on the nature and organization of the public business, and some important public documents, partly in connection with our political fabric and that of Europe : among others, " Washington's Farewell Address," contrasted with Macchiavelli's celebrated book, "The Prince."

By the " crisis," the publication of this book has been delayed, which will account for some remarks on the last congressional election and other political events of the time, when the letters in the first part were written. It is hoped that it will find favor with the readers of all parties, impossible as it is to please all men, even when aiming at nothing but truth, L e., the exposition of great principles and " sound doctrine." The words " sound doctrine" taken from Paul's first letter to Timothy, induce us to respectfully solicit the particular attention of all Christian ministers to this book. Its leading idea that the state is set up exclusively for the realization of justice (the main source of public virtue), has been clearly enunciated by Paul, the great propagator of Christianity, and real founder of our Christian institutions. Moreover this idea has been strictly followed up by the framers of our federal constitution, as shown in the book; it has been further recognised and carried out by those who achieved the separation of the state and church ; but it has been, in the course of time, lost sight of by Congress and states, and thus become the cause of most of the public corruption and decline of public virtue complained of. This to prove, in order to show how to stem the dangerous current, is one of the main objects of the book. But here it will meet opposition, and even condemnation, from many sides. But time will prove that Paul and the framers of the federal constitution, and those who achieved the separation of church and state, were right.

The members of the judiciary, who are in the habit of drawins wisdom from the classical fountains, will remember the line of Virgil: —

We wish they may please consider this book as an humble common-sense appeal to renewed exertions for the creation of a dignified, independent, American judiciary, based upon an indigenous American common law, emanating from and in harmony with the great principle of self-government, and therefore in many respects different from the law ideas commonly prevalent in subject society.

To the rising generation the book has been dedicated, and therefore written in familiar letter style, because those who are just entering into actual citizen life will have to finish the work of a great political reform, which stern necessity is forcing upon us.

This book is, as its title indicates, particularly devoted to the great municipal interest of society. It appears before the public under similar circumstances which called forth the Federalist, then working for the abrogation of the unsatisfactory articles of confederation and the adoption of the present excellent federal constitution.

The municipalist advocates the alteration of the present constitution of the state of New York, and its replacement by one more suitable to the urgency of the times.

Before we conclude these prefacial lines we owe to the ladies a few words of apology, for having so often in our letters invited them to listen to our political discussions. "We belong to those who are convinced that the career of a republic is of a doubtful duration if the whole population is not penetrated with a sufficient knowledge of its public affairs, to prevent them from coming

1* under the exclusive possession of a favored few or control of mere party politicians. In regard to the importance of this knowledge there is no difference between the sexes, for women have, if not more, as much interest in the well-being of families, promoted by good government, as men.

We possess excellent constitutional commentaries for students and professionists, but none, to our knowledge, which is calculated to promote an easy understanding of that what is called all over the world public or political business. Our book, certainly, is no novel, no flashy literary product, but a novelty, as the reader, acquainted with this kind of literature, will find out. It spreads notions and light over that material upon which the security and happiness of home and society everywhere are built. Such a book would not answer its purpose if it should not meet the favor of mothers and daughters as well as of fathers and sons.

We hope, therefore, not to be considered intruding, if we desire for it a place among the select books of every household. Brooklyn, September, 1858.

PART I. Letters on the Federal Constitution page 25

General Washington's Letter presenting the Constitution. 136

A Letter on Committees 138

A Letter on Business 140

A Letter on Election Impulses 158

Declaration op Independence . 161

General Washington's Circular Letter 166

General Washington's Farewell Orders 170

General Washington's Farewell Address 1 73

The Prince, by Macchiavelli 191

PART II. Letters on the Constitution of the State of New York... 203

A Letter on the Judiciary 251

A Letter on Penal Colonies 289

A Letter on Large Cities and the Constitution of Maryland 294

Contents

PART. L— THE NATIONAL GOVERNMENT.

Letter I

Introduction. — Causes of the Letters. — Little Appreciation of the Federal Constitution. — The Church a Comforter, but no Governor. — Restoration of the Authority of Law. — Influence of Woman. — Resistance against the Execution of Laws. — Vigilance Committees. — Ten-Thousand-Dollar Subscription for Rebellion in Kansas. — Ancient Rome. — Dangers to the Constitution and Union. — Articles of Confederation of 1777. — New Constitution for a Society of European Descendants, Africans, and Indians. — The Object, Union and an independent, powerful National Government, excluding all Municipal Affairs, Bond Labor included. — The Contents in Seven Articles page 25

Letter II

The Constitution. — Its Reading. — Preamble. — Short History of the Country. — The Revolution. — Necessity of a National Government. — Greeks, Romans, Germans, Italians. — United States of America, — Family, Tribe. — Constitution of the People, and not of the States. — Object of the Constitution. — National, municipal, free, non-political or private Affairs. — Justice. — St. Paul's First Letter to Timothy. — Common Defence. — Subjection. — Licentiousness 28

Letter III

Congress. — Works in three Channels. — Legislature. — Grants. — Republics. — Monarchies. — Government preservative, not progressive. — Scarcity of Solons. — Senate and House of Representatives. — Two-Chamber System. — Qualification of Members of the House of Representative?. — Voting and electing, a Right of Families. — Congress biennial. — Qualification, twenty-five Years of Age. — Negroes, their counting. — Number of Representatives. — Census. — Large Legislative Bodies. — Vacancies filled by the State Executive Action. — Speaker. — Impeachment. — Importance of the House of Representatives. — Ladies. — Decorum 32

Letter IV

Senate. — Organization. — Each Senator has one Vote. — No Right of the State to instruct them. — Election by the States. — One third of the Senators to be chosen every second Year. — Temporary Appointments. — Age of thirty Years. — Vice-President, President of the Senate. — Impeachment. — Election. — Annual' Sessions of Congress, and the Parliament in Great Britain. — Difference between Congress and the House of Parliament in Great Britain. — Senate an executive Council. — British private Council • 39

Letter V

Election Returns. — Quorum. — Order of Sessions. — Rules of Proceedings. — Decorum. — Expelling of Disorderly Members. — Journal. — Yeas and Nays. — Factitious Legislation should be Resented. — Adjournment. — Compensation. — Privileged from Arrest. — No Questioning for any Speech. — Speeches for Party Purposes. — Members of Congress excluded from Offices. — Exalted Mission of Congress. — Influence of Ladies 42

Letter VI

Bills of Revenue in both Houses. — British Imitation. — Veto. — All Presidents have used it. — Its Advantages in Regard to Factitious Legislation. — Repassing Bills. — Punishment of Unconstitutional Legislation. — Two-third Vote. — Parties. — How to get an Office. — Electors. — Political Brokers. — Strict Morality in obtaining Offices nowhere. — How they are bestowed in Monarchies and Republics. — Faction, its Danger. — Abolitionists a Faction. — Custom in England that Ministers resign when defeated in Parliament, to be imitated in the United States 45

LETTER VLT.

Congressional Business or Powers. — Political Institutions. — United States, States, Counties, Towns, Cities, Villages. — Conflicts between them. — Supreme Court the Arbiter. — Kansas Troubles. — Direct and Indirect Taxation. — Paying Debts. — Estimates. — Tariffs. — Direct Taxation unpopular. — Protective and Prohibitive Tariffs 51

Letter VIII

Contracting Debts. — States to pay as they go. — Regulation of Commerce at Heme and Abroad. — Law of Mutuality. — The Self-preservation of Nations " 53

Letter IX

Naturalization and Bankruptcy Laws. — Foreigners. — Declaration of Intention to become a Citizen. — Congress, and State-citizenship Laws. —

Family Suffrage. — American Woman's Influence. — Credit. — Congress not true to their duty. — Legislation of the several States on Bankruptcy Suppletive. — France. — Germany. — President Buchanan's Message on a Congressional Bankruptcy Law. — Congressional Committee report against it. — Denies the Power of Congress 56

Letter X

Coining Money. — Its Value. — Standard of Weights and Measures. — Mints. — Assay Offices. — Decimal Coinage. — Counterfeiting. — Punishment. — Post-Offices. — Post-Roads. — Roman Custom. — Mail Lines. — Competition. — Internal Improvement Policy 59

LETTER XL

Sciences and Useful Arts. — Copyright. — Patents. — Progress of Science. — Ripening of the Understanding. — Locke. — Smithson. — His Legacy Anti American. — Political Patronage of Arts and Sciences in Europe. — Goethe. — Fourierism 61

Letter XII

Inferior Courts. — United States District Courts. — Piracies. — Felonies. — Law of Nations. — Ocean Police. — Branches of the Ocean. — English Law curiosity. — War. — Letters of Marque and Reprisal. — Captures on Land and Water. — Justice the end of Wars. — Court of Nations. — Jurisdiction of Congress. — War defensive or aggressive. — Property of Neutrals 64

Letter XIII

Armies. — Appropriation of Money for them Biennial. — The United States disliked by Monarchs. — Necessity of Protection. — Navy. — Not exactly needed for the Protection of Commerce. — The Hanse Towns without a Navy. — Land and Naval Forces. — Militia. — Crimean War. — Serf Soldiers. — Discipline. — Training of the Militia. — Equal confidence in Congress as in State Governments. — Christian brotherly Love. — Priests.. .67

Letter XIV

District of Columbia. — Exclusive Legislation over it and Forts, Magazines, Arsenals, Dock-yards. — Paris. — German Diet in a Free City. — Legislative Powers concerning all National Business. — Sophists and Cavillers 70

Letter XV

Interpretation of the Grant. — Congress, the Agent of the People, who remain the Proprietors. — Rights of Self-government. — National Bank. — Precedents. — Shoemaking-in Time of War. — Expediency. — National Banks in England, France, Russia, Austria, Prussia. — Public Debts. — Washington. — Jackson. — Good Temper in Public Affairs. — Pulpit. — Ladies 71

LETTEE XVI.

Migration and Importation of Persons. — Importation of Slaves declared Piracy. — Slave Labor, disposing of, in the States. — Habeas Corpus. — Rebellion. — Invasion. — Middle Ages. — Rogues. — Charles I. — Attainder and " Ex-Post-Facto" Bills. — Habeas Pursam 74

Letter XVII

Negative Provisoes. — Capitation Tax. — Free Commerce and Navigation between States. — Appropriation Laws. — Title of Nobility. — Presents to Officials from Foreign Princes 76

Letter XVIII

Checks upon State Legislation in regard to Treaties. — Alliance. — Money of Metal and Paper. — Attainder. — Ex-post-facto Laws. — Contracts. — Nobility. — English Banking. — State Banks. — Merchants make their own Paper Money. — Clearinghouses. — Political Defaulters. — Homes, where best. 78

- LETTER XIX.

Honesty. — Checks upon State Legislation in regard to Imports, Duties, Exports (under control of Congress), Tonnage, Soldiers, Navy, Treaties, War. — German National Congress at Frankfort. — Greek Confederations. — United States and States separate Business Concerns. — Wicked Men. — Well-informed Women 79

Letter XX

Executive. — President. — Vice-President. — Their Election. — Term of Four Years. — No Titles. — Santa Anna. — Vulgar Political Papers. — Respect of Public Officers. — English Grumbling. — Second Term. — Swiss Presidential Election 82

Letter XXII

Presidents advanced in Age. — Mrs. Phelps. — Mrs. Strickland. — Mrs. Willard. — Mrs. Howe. — Mrs. Hale. — Presidential Vacancy. — Acting President. — Non-election. — Salary. — Honesty of the American Presidents. — Oath. — Spirit of Urbanity 86

Letter XXIII

Presidential Functions. — Commander-in-chief of the Army and Navy and Militia. — Opinions of the Heads of the Departments. — Reprieves.— Pardons. — The Union a Government, no League. — Prompt Protection analogous to Police. — State Governors Commanders-in-chief. — Treaties.

— Consent of two-thirds of the Senate. — Jefferson. — Hamilton. — Removal from Office. — Treaty with France. — French and English Alliance. — Slave Treaty. — Vacancies 88

Letter XXIV

Messages. — Ambassadors. — Commissions. — Chateaubriand. — Impeachment of President, Vice-President, and other Officers, for Treason, Bribery, or other high Crimes and Misdemeanors. — Pensions 92

Letter XXV

Officers, their desire to earn Money like the rest. — Parties kept together by monied Interest. — Majority in Elections. — Right to the Spoils. — Opposition to the Party in Power. — Court Favor in Monarchies. — Election Expenses. — Difficulties in filling Offices. — Catherine de Medicis. — Chancellor Hopital. — Selling of Offices. — Swiss sell Offices. — Self-government curtails Offices. — Paul. — Parties outside the Constitution. — Platforms. — Logrolling. — Party should cease in Congress when sworn in. — Presidential Patronage. — Political Martyrs a Nuisance. — Factitious Speaking. — Demagogues. — American Women. — Benjamin Franklin. — Office-seeking 94

Letter XXX

Public Faith. — Natural Rights of Citizens. — Acts. — Records. — States are exclusive. — Clanish Nationalities. — Union Sentiments. — Privileges and Immunities Mutual. — Missouri Compromise. — Fugitives from Justice, their Extradition. — Treaties. — Mutual Control shared by the Women. — Sharpe's Rifles. — Slip-shod Sermons 105

Letter XXXI

Man given to Lying. — Imperfect Laws. — Force opposed to Law. — Fugitives from Service and Labor, their Extradition. — Apprentices. — Sailors.

— Bound Laborers. — Claim upon them for Outlay, to be respected and protected by all Civil Governments. — Property-right to Labor-forces. — Its Market Price. — Property -right of Parents to the Use of the Labor-forces of their Children. — Bound Labor is Personal, Serfdom is Glebose. Abolition Agitation is Glebose. — Englishmen and Russians are Glebose. — Territorial Feudal Rights. — Free Labor-force, increased by Migration.

— Gradually extending South. — Seigneurs. — Manor-born Subjects. — Labor in Spain and Portugal and the Southern States. — Jamaica. — Few real Free Men. — Immense Number of Laws. — Europeans are Subjects or Matter. — Captain Ingraham. — Austrian Emperor. — English King in the War of 1812. — English Abolitionism explained. — American Society Africanized by Abolition of Slavery. — Duke of Southerland. — Property in Man. — Men of Property. — Loafers. — Hereditary Governments. — France. — Subordinate Races. — Difference between Monarchies and Republics. — Industry of the Southern People. — Savage Men, their Training by Industry. — Manumission of Bound Laborers. — Serfs sold with Property, and belong to it. — Judge Loring. — Travelling with Bound Servants.

— Africa no Place for Culturing their Savage Inhabitants. — Not improved by the Greeks and Romans. — Frenchmen. — Bound Labor is under Municipal Government. — A Bound Laborer is no Citizen. — Territories.— Missouri Line. — District of Columbia. — Fanaticism in Law-making. — Party Press. — Boston Journal in favor of Constitutional Monarchy. — Canadian Paper prognosticating the end of the Union. — Nobility after Abolition of Bound Labor. — King Bomba, Emperors of France, and Austria, and Hayti. — Boston Notions. — American Women 108

Letter XXXII

Annexation of Texas. — Portentous in regard to the Union. — New States. — Their Admission into the Union. — Territory. — Land Surveying. — Indian Territory. — Indian Agents. — Indemnification. — Selling of Land. — Culture of Indians impossible in their own Country.— ^Acquisition of Foreign Country. — Florida. — Louisiana. — Mexico. — Division of States. — Overgrown Municipal States, as New York, Ohio, Pennsylvania. — Mutual Control and Power of Self-government lost therein.— France. — Monarchies with blended National and Municipal Business. — Increase of Free States compared with that of Slave States 118

Letter XXXIII

Territories. — Their Disposal and Regulation. — Three Periods. — Indian Policy. — Territorial Policy. — State Policy. — Kansas Nebraska Act. — Missouri Compromise not Constitutional. — Dred Scott Case 122

Letter XXXIV

Guaranty of a Republican Form of Government. — Protection against Invasion and Domestic Violence. — Switzerland. — Hanse Republics.—

Monarchs. — Greeks. — King Philip. — Amphyctionic Congress. — European Opinion of the American Political System. — Rev. T. S. Hughes's Opinion. — Dangers of our Republic to the whole World 126

Letter XXXV

Amending the Constitution. — Check upon large States. — Public Debts. — Supreme Law of the Land. — Higher Law Reveries. — Religious and Moral Precepts. — Channing. — Philosophical Opinions and Truths, no Law. — Sharpe's Rifles 128

Letter XXXVI

Official Oath. — Religious Test abolished. — Party. — Unconstitutional Platforms. — Sliding Constitutions or Platforms. — Perjury. — Chaplains. — Object of Religion. — Separation of Religion from the State. — E Pluribus Unum. — Norvus Ordo Seculorum — Religious Intolerance. — Ratification by a Majority of the States. — No Preference of, or Difference between, the Old and New States 130

Letter XXXVII

Exceptions and Mob Commotions against the Constitution. — Bill of Rights.

— Amendments. — Religious Establishment. — Freedom of Speech and of the Press. — Assembling. — Petition.— Great Britain. — Municipal Legislation. — Ri<rht to bear Arms. — European Legislation. — Municipal. — District of Columbia. — Quartering of Soldiers in Time of Peace. — Unreasonable Searches in Houses. — Grand jury Indictment. — Double Trials — Process of Law. — Private Property for Public Use. — Municipal Legislation. — Speedy Public Trial by Jury. — Witnesses. — Counsel. — Trial by Jury in $20 Cases. — Blackstone. — Excessive Bail. — Enumeration of Certain Rights. — Powers reserved to the States. — Extension of the Judicial Power. — Electors. — Presidents compared with Crowned Heads. — Executive. — Judiciary compared with the Legislative Branch. — Stability of the Federal Constitution 132

Letter Xxxviii

Washington's Letter to Congress with the Constitution. — Duties of Confederated States and Individuals. — Consolidation of the Union. — Spirit of Amity and Mutual Deference. — Marriage. — No Industry secure without the Political Organization of Society 136

Letter XXXIX

Committees. — Appointed in the House by the Speaker, in the Senate by Ballot. — The Committee of Ways and Means. — Standing Committees.

— Select Committees. — Committee of the Whole — Three times Reading of Bills. — Massachusetts. — Twenty-nine Standing Committees. — Accusations of Fraud, Corruption, Bribery. — Judiciary. — English Custom 138

Letter XL

Knowledge. — Commerce. — Money. — Cotton. — Business is King. — Political Business. — Politicians. — Statesmen. — Genuine and Bogus Politics. — Commander Maury's Letters. — Dead Sea. — Telescopes. — Camels. — Whales. — Patents. — Patriotism. — Hard Times. — High Salaries. — Scarcity of Talent. — Consolidating Cities. — Political and Private, or Free Non-political Business. — What it is. — French Emperor. — Pennsylvania selling State Works. — General Welfare. — Canals. — Competition.

— Railroads. — Public Debts. — National Political Business. — Congress.

— Representative System. — Municipal Political Business. — State Legislature. — Executive. — Judiciary. — Organizer. — Subdivisions. — Counties. — Towns. — Representative. — Counties. — Political County Business. — Legislative. — Executive. — Judicial. — Overseer. — Supervisor. — County Court. — Representative. — Townships. — Political Town Business. — Threefold. — Mayor. — Aldermen or Selectmen. — Democratic Representative. — Working Districts. — State Failure. — Self-taxation. — Hamburg. — Cities. — Villages. — Size of States, Counties, Towns. — Philadelphia. — New York. — Centralization. — Mutual Control. — European Large Places. — Monarchy. — Its Philosophy and Substance. — Japanese Cities. — Commodore Perry's Report. — Hakodadi. — Political Arithmetic and Geometry. — Measure for Private Affairs. — Crisis. — Crash of the Largest Business Concerns. — Size of State Confederations. — Congress meddling with Non-political and Municipal Local Business.

— American Ladies. — Character of Free Non-political Business. — Science, Arts, Culture, Religion, Commerce. — Society Progressive. — States Protective. — Monroe Doctrine. — Licenses. — Liberty of Industry in China, Japan, European States. — Publius. — Cantons in Switzerland.

— Republics, when consolidated Monarchy. — Great Britain consolidated England, Ireland, Scotland, Wales. — Mr. DTsraeli. — Napoleon III. — Missouri Compromise. — Division of States. — Stability of Government 140

Letter XLI

Election Impulses. — Social Movements organized in the United States, Health producing. — Sociil Movements in Europe destructive. — Famine, Gold, Conquest, Religion, Liberty. — Main Social-Impulses. — Liberty- Impulse of the Republican Party. — American Party acting unimpulsive.

— Dear Union-Impulse of the Democratic Party 158

Letter XLII

Declaration of Independence. — Defining of the Position of the Young Nation. — Explanation of the Sentence, " that all men are born equal." — Jefferson's Letter explaining it 161

Letter XLIII

Federalist. — Hamilton. — Monroe. — Jay. — Washington's Circular Letter to the Governors of the several States. — Articles of Confederation a loose

Wickerwork. — Enviable National and Political Condition of the Citizens ► of America. — Civilization. — A Compact Indissoluble Union, a Sacred Regard to Public Justice, a Proper Peace Establishment, a Good Friendly Mutual Feeling among the People, the Four Essential Things to the Weil- Being, Existence, and Independent Power of the United States. — Liberty is the Basis of the Whole. — Crisis, Political and Monetary v 166

Letter XLIV

Defenders of the Country. — Popularity. — Citizen-soldier. — Standing- Army-Soldier. — Washington. — Frederick. — Napoleon. — Conquest. — Vain-glory. — Universal Peace. — Dualistic Nature of Man. — Farewell Orders to the Armies by Washington. — Review of the Past Struggle. — Conduct for the Future 170

Letter XLV

Washington elected President. — Organization of the General Government.

— Retires from the Presidency. — His Farewell Address to the People of the United States, Sept. 17, 1796 ( 173

LETTER XL VI.

The Prince by Macchiavelli. — Parallel between the Farewell Address and the Prince. — Prof. Lieber. — Anti-Macchiavelli by Frederick the Great.

— The Barbarians in Italy. — Difference between the American and European State-systems. — Legitimacy. — Congress of Vienna 191

PART. II— MUNICIPAL GOVERNMENT.

Letter I

Object of a State Constitution. — Introduction to the Constitution of the State of New York. — Preamble. — Union-Slighting 203

Letter II

Bill of Rights. — Peers. — Jury. — Disagreeing. — Acquittals. — Liberty of Conscience and Worship. — Habeas Corpus. — Injunctions. — Bail. — Grand Jury. — Protection of Private Property. — Pauperism. — Charity 206

LETTER in.

Compensation for Private Property when taken for Public Use. — Roads. — Liberty of the Press. — Libels. — Assembling and Petition Right. — Divorce. — Lottery.r— Escheats. — Feudal Tenures. — Allodiums. — Leases of Land. — Fines. — Quarter - Sales. — Indian Land - Sales. — Common

Law. — Colonial Law. — Koyal British Grants. — Property Laws. — American Common Law. — Rights of Self-Government. — Prohibition* of Foreign Laws. — The Church Poor-LaAvs. — State Scholars 213

Letter IV

Elective Franchise. — Restrictions. — Citizenship. — Ballot. — Family voting right. — Woman. — Connecticut. — Christianity. — Polygamy. — Utah. — Kansas Scandals 219

Letter V

Legislature. — Senate. — Districts. — Census. — Apportionment. — Assembly Districts. — Compensation. — Civil Appointment. — Congressional Officers. — Election Time. — Quorum. — Journal. — Originating of Bills.-— Enacting Clause. — Majority. — Private Bills. — Legislative Powers of the Supervisors. — County Election District. — Family Census. — France. — Connecticut. — Aristotle. — Greeks 223