A treatise on civil polity and political economy: with an appendix, containing a brief account of the powers, duties, and salaries, of national, state, county and town officers. For the use of schools and academies

Front matter

Rook ■ \/<r^A

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[third STEREOTYrK EDITION,]

Preface

TiiE object of the writer in compiling the following work, has been to prepare a book that may be read with profit by all, but principally to afford a useful and long-needed text-book for high schools and academies. The subjects here treated have too long been considered beyond the pale of a common education, and as belonging exclusively to the pursuits of literary and professional men ; and it is but lately that they have been intro duced into a few of our colleges and higher seminaries of learning.

Why subjects of such paramount importance to American citizens — subjects which explain the theory, principles, and practical operation of our republican institutions — and the nature, origin, and principles of national wealth, should have been so long neglected by the great mass of those who are so obviously interested in an intimate acquaintance with them, can be explained only by the supposition that they have reflected too little upon the objects of these studies, and consequently have remained unaware of their importance. Otherwise, their real utility would long since have placed them among the first studies in a course of popular education.

The most important knowledge for an individual to acquire, is such as will best enable him honorably and usefully to fill the station which by birlh or fortune he is destined to occupy. — Having adopted a new system of government, and assumed a new station in the political world, if our republican institutions are v< >rthy of being preserved by us, and transmitted unimpaired to

IV PREFACE.

posterity, we should, as a people, strive to acquire that knowledge which best befits our station, that we may honorably and faithfully fulfil those duties which devolve upon us.

As our government depends directly upon the people for its support and preservation, it is idle to suppose that they will feel a very ardent attachment for, or prove very able supporters of a system of whose principles they are ignorant ; but while their opinions, although correct, are founded on ignorance, they will ever be liable to be led astray by the wild theories and idle epeculations so prevalent in a country where public opinion is the ultimate tribunal of appeal. There is scarcely a theory, however extravagant or absurd, that will not find supporters either among the ignorant or the selfish and designing ; and if. public opinion be unenlightened, there is no antidote beyond it that can save us from the evils of any destructive, disorganizing, popular delusion.

Believing that our form of government is the best ever adopted for an enlightened people, and that if they understand its principies they will value it too highly to desire a change to any of the systems which have preceded it, or to any hitherto untried experiment, there seems to be nothing wanting to insure its perpetuity but a more general and intimate knowledge of its principles and practical operation. The importance and necessity of such knowledge are not confined to any one class or portion of community, but extend to every American citizen, whatever his calling or profession.

To afford such instruction, that portion of the following work which treats of Political Knowledge and Constitutional Law has been written. It is designed to give a concise but comprehensive exposition of the elementary principles of those sciences ; and it is believed to be written in so plain and familiar a manner, that any one, who will, can understand it.

Several commentaries and expositions of the Constitution have already appeared, but most of them have been designed for the reading of the higher classes in colleges, or for professional men, and are not well adapted to the use of schools. Those writings

PREFACEi»' V

to which the author is principally indebted for the materials of that portion of the following work which treats of the Constitu. tion, are the Commentaries of Chancellor Kent and Chief Justice Story, Gordon's Digest of the Laws of the United States, Bayard's andDuer's Expositions of the Constitution, and Mansfield's Political Grammar.

The author claims little originality for this portion of his work, other than for the manner in which the subject is illustrated. His design has been to compile a work that will be useful, and in following out his plan, he has not hesitated to avail himself of the aid afforded by the writings of others.

The study of Political Economy is beginning to receive that attention from the friends of popular education which its importance demands. It is now introduced into most of our colleges and schools of a higher order, but, as yet, most of the text-books used are too voluminous to be generally adopted in high schools and academies. To supply the want of such a work, the "Elements OF Political Economy" have been written, in which the principles of that science are familiarly explained. • In the compilation of this portion of his work, the author has principally consulted the writings of Adam Smith, Mr. Say, and the late excellent work of President Wayland. The first twenty-three pages, ending with " Protective Duties," are little more than an abridgment of the first one hundred and forty pages of Wayland. It has been the aim of the writer to avoid all repetition, and yet to illustrate his subject in as concise and simple a manner as possible. The remainder of the work, both in manner and matter, has more claim to originality ; but it is believed that the principles attempted to be established and illustrated, are the same with those advanced by the principal political economists of the present day.

h\ Most of those principles, which are now considered erroneous, but which present some claim to our attention on account of their adoption by the earlier writers on Political Economy, have been adverted to chiefly in the notes which accompany this work. In a work so limited as the present, which professes simply to

1»

Vl PREFACE.

inetiiodize and illustrate obvious and first principles, it is thought the writer's time would be mis-spent in combating erroneous theories, which wUl of themselves sink into oblivion as the first principles of Political Economy become more generally and more perfectly understood.

In relation to the many erroneous theories advanced by uninformed political economists, I cannot forbear to quote the words of Mr. Say. " With respect to the wild or antiquated theories so often produced or reproduced by authors who possess neither sufiiciently extensive nor well digested information to entitle them to form a sound judgment, the most effectual method of refuting them is to display the true doctrines of the science with still greater clearness, and to leave to time the care of disseminating them. We otherwise should be involved in interminable controversies, affording no instruction to the enlightened part of society, and inducing the uninformed to believe that nothing is Busceptible of proof, in as much as every thing is made the sub-" ject of argument and disputation."

In the hope that this work may be found useful to the public —that it ^ay serve to increase the intelligence and excite the patriotism of his fellow-citizens, and prove an efficient auxiliary in the cause of common education, the author respectfully submits it to the judgment of the public.

PougTikeepsie, January, 1839.

AND

PLAN OF THE WORK.

Charter Parties /*actions

41 ib

PART SECOND. Constitutional Law

Origin of the Constitution of the United States Preamble .....

Article L — Of the Legislature.

Sec. I.— Legislative Power

Of the Organization of the Government Of the constituent parts of the Legislature

H.—Electors of Representatives .

Qualifications of Representatives Ratio of Representation Vacancies in the Representation from a State Mode of electing Representatives OfScers of the House of Representatives Power and Mode of Impeachment III.— Composition of the Senate

Qualifications for Senators , President and other ofiicers of the Senate Power to try Impeachments .

Judgment upon Impeachments

IV.— Elections for Senators and Representatives

Assembling of Congress V — ^The keeping of a Journal by each House Expunging of the Journal Adjourrmients of either House ,

VI.— Members privileged irom Arrest

Treason, Felony, and Breach of the Peace

46 ib ib ib 47 48 ib 50 ib 51 ib 52 54 55 ib ib 56 ib 57 ik 5ij ib ih

CONTENTS.

VII. — Biils for raising Revenue Mode of passing Laws Executive Veto

59 60 61

Of the Powers of Congress.

VIII.— To impose Taxes, Duties, Imposts, and Ex cises . . . i *

To borrow Money

To regulate Commerce . .

ib

To establisli the Mode of Naturalization

Protective Duties ib

Naturalization .

ib

Bankruptcy . . • ib

To coin Money, &c.

To establish Post-offices, and Post-roads

Internal Improvements .

ib

Patent and Copy rights .

To constitute Judicial Tribunals

To punish Piracy ib

Piracies — High Seas ib

To declare War, support Armies, &c.

Letters of Marque and Reprisal

Navy — Standing Armies

Powers of Congress over Military Affairs

; ib

Powers of the President as Commander-in chief ....

Legislation over ceded Places

The question of a National Bank

Of Restrictions upon the Powers of Congre ss.

IX. — Importation of Slaves . o

Writ of Habeas Corpus — Bills Oi Attaiader

Ex post facto Laws .

ih

Capitation Taxes . . ,

Duties on Exports , * , ib

10 CONTENTS.

Commercial Regulations . * ' . 82

The Public Moneys . . . . i6

Titles of Nobility .... 83

Of Restrictions upon the Powers of the States.

X.— Bills of Credit .... 84

Obligation of Contracts ... ib

Tonnage Duties . . ^ . . 85

Article II. — Of the Executive.

Sec. I. — Executive . . .

Electors of President and Vice-President Manner of Election .

Qualifications for President .

II. — His Powers and Duties

Public Ministers — Ambassadors — Consuls III. — President's Messages

86 87 88 89 92 93 96

Article III. — Of the Judiciary.

Sec. I. — Organization of the Courts of the United

II.— Extent of Judicial Power ... 99

A Case^ — Equity .... ib

Admiralty and Maritime Jurisdiction . ib

Original and Appellate Jurisdiction . . 101

Trials by Jury .... 102

III. — Treason — Conviction and Punishment of . 103

Article IV.- — Miscellaneous.

Sec. I. — Credit given to Domestic Judgments— to foreign Judgments . . . ,104

II. — Privileges of Citizens in diffeVent States , 105

Fugitive Slaves — Delivery of Criminals , ib

22 - ^

CONTENTS.

III. — ^Admission of new States

Territorial Regulations IV.— Protection of the States

1 Article V. — Of Amendments.

Amendments, how made

Ijimitations to the power of making Amendments

, Article VI.

Debts contracted before the adoption of the Constitution 109

Laws of the Land . . . . « «6

Oath required of Public Officers — Religious Test . 110

Article VII.

Of the Ratification of the Constitution

Amendments . . .

Ill 112

Section II. — Of Industry

I. The Object of Industry . . , . 132 Changes effected by Industry . . . 133 The different Forms of Industry , . . 134 The Products of the different Forms of Industry . 135

II. Of the different Modes by which the Productiveness of Human Industry may be increaoed ; and, first, by

the Use of Natural Agents « . ,137

Natural Agents — ^animate and inanimate . « 138

Their Uses and Importance . . . . i6

III. Of the manner in which Productiveness may be increased by Division of Labor . . , 139

Division of Labor among the different Departments of

Industry , , , . 140

IVv Limitations to the Division of Labor , v 142

From the Nature of the Process . , . ih

Amount of Capital , , . . » 143

Extent of the Demand .... 144

Of the Natural Divisions of Labor , , . 145

V» Effects of the increased Productiveness of Human

Labor-saving Machinery . "» » . ih

Effect upon both Consumers and Producers , • 146

CONTENTS.

Section III. — Of the Principles wldch govern the application

of Labor to Capital.

Labor and Capital united

I. Freedom of Labor and Capital necessary to Produc lion ......

Effects of an Insecurity of Property upon Industry Monopolies .....

II. The greater the ratio of Capital to Labor, the greater will be the Wages of Labor, and the greater will be the stimulus to Industry

Advantages of accumulations of Capital

III. The Productiveness of Industry and Capital will be increased in proportion to the Intellectual Im provement of a People

rV. Of Protective Duties . . . -

V. Of Bounties

153 154

155 156

PART SECOND. Of the Distribution of Wealth

The Prirrciples which regulate the Division of Value

among the Producers The Wages of different kinds of Labor Of simple Labor ....

Of educated Labor . . .

Of the price paid for the use of Capital Causes which occasion Fluctuations in the Rate of In

Of legal Interest ....

172 174 175 176

18D ih

CONTENTS*

PART THIRD. Of the Exchange of Wealth

The diffeient kinds of Exchange . . . 187

Section I. — Of Barter in General^ or Exchange in Kind

I. The Necessity of Exchanges Of the Principles which give rise to Exchange

II. Barter in General, or Exchange in Kind . . 192

168 189

Section II.~-0/ Exchange by means of a Metallic Currency

I. Of the Qualities necessary to that which constitutes

the Circulating Medium .... 198

II. Of the Amount of Money necessary to effect the Exchanges of a Community . . . :7: 204

Exchanges between Nations . . ^^' . . 205

Effect of a Productive Season upon Exchanges . 208

of an Unproductive Season . , . 209

Of the abundance and scarcity of Money , . 211

III. Of Banks of Deposite and Exchange . . 212 The Evils which they remedy » . . 213 Bills of Exchange ..... 219

Section III. Of Exchange by means of a Paper Currency

I. Banks of Discount and Loan ; and of Circulation, or

Issue Banks, in this Country , . . 222

Their Nature and Mode of Operation . . 223

11. Of the Sources of the Profits of Banks

ni. Ofthe Utility of Banks .

As Institutions of Deposit and Exchange

As Institutions of Discount and Loan

230 231

CONTENTS.

rV. Of the Disadvantages of Banks '.

Their liability to Forgery

to Fraud and Fluctuation

Of the New-York Safety Fund System ib

PART FOURTH. Of the Consumption of Wealth

I. Of the Nature and Different Kinds of Consumption Productive and Unproductive Consumption Consumption for the Increase of Value for the Gratification of Desire

II. Of Public Expenditure • Hi" • Effects of Public Profusion ih

254 255

AN APPENDIX,

CONTAINING '

A BRIEF ACCOUNT OF THE POWERS, DUTIES, AND

SALARIES, OF NATIONAL, STATE, COUNTY>

AND TOWN OFFICERS.

Section III. — Of the Judicial Department

The Supreme Court — The Circuit Courts — The Dis,

trict Courts ...... 268

Of the Officers of the Courts, Attorneys— Clerks— Marshals — Reporters . . 268

CONTEJSTS. 17

CHAPTER 11.

OF THE STATE, COUNTY, AND TOWN OFFICERS OF THE STATE OF NEW-YORK.

Section I. — Of State Officers

I. Of Legislative Officers .... 270

Senators — ^Members of Assembly

II. Of Executive Officers .... 270

Of the Governor — Lieutenant-Governor, Secretary of State — Comptroller — Treasurer — Attorney-General — S urveyor-Goneral — S tate Printer —Governor's Private Secretary and Door-keeper of the Executive Chamber — ^Administrative Officers.

in. Of the Judiciary ..... 278

Of the Court for the Trial of Impeachments and the Correction of Errors — Court of Chancery — The Supreme Court — The Circuit Courts — Courts of Oyer and Terminer — Courts of Coiru mon Pleas — Courts of General Sessions — Courts of Special Sessions — Courts of Justices of the Peace.

Section II.— 0/ County Officers. . 282

Of the Sheriff— ^Coroners — District Attorney — Judges of the County Courts — County Clerk — Surrogate — Superintendents of the Poor — County Treasurer- Board of Supervisors — Commissioners of Loans- County Sealer — Inspectors of Commodities.

2»

18 CONTENTS.

Section III. — Of Town Officers. T

OF the Supervisor — Town Clerk — Assessors — Justices of the Peace — Collector — Overseers of the Poor — Commissioners of the Highways — Commissioners of Common Schools — Inspectors of Common Schools- Constables — ^Town Sealer — Overseers of Highways —Pound Masters — Fence- Viewers— Commissioners ©f ExciEo— Board of Auditors of Town Accounts— Commissioners of Dec^ls

Book I. Civil Polity

CONTAINING

ELEMENTS

OP

AND

CONSTITUTIONAL LAW.

A

Part First. Elements

OF

Natural Liberty — is freedom from all human re» straint. It is freedom to act as one's will and passions prompt him, restrained only by those laws of our nature which the Deity has imposed upon us. This kind of liberty can exist only in a state of solitude, and never under any form of government : the very idea of a government precludes it.

Where men have the liberty of doing whatever <^their passions urge them- to attempt, or their strength enables them to effect, their very liberty becomes savage ferocity : it is the liberty of a tiger, and not that of a man. Unbridled liberty is the worst of tyranny ; and where there is no law, there can be no freedom.

If men were never actuated by wrong motives, no codes of jurisprudence would be necessary to keep them in the path of duty ; but the design of a wise

What is Natural Liberty 1

Where, and where only, can it exist 1

What would natural liberty become if unrestrained 1

22 ELEMENTS OP

government is to restrain the evil and licentious, and to protect the innocent and virtuous from wrong and injustice.

Hence arises the necessity of laws which abridge the natural liberty of man where its exercise would infiinge upon the rights of others.

One man has no right to that unrestrained freedom which seeks his own interest exclusively, and disregards the welfare of his fellow men.

Were men wise enough to seek their true interest, it would never be promoted by the violation of right and duty ; for the laws of the Creator are such, that permanent individual good never clashes with the general happiness of all.

From the restrictions placed by a wise government upon the natural liberty of man, there arises a more secure and desirable state of freedom, called civil liberty.

Civil Liberty — is the being restrained hy no law hut what conduces to the public welfare. After a government has been established, those rights which are retained by the people are the residuum of natural liberty, which is not required by the laws of society to be sacrificed to public convenience ; or they may be said to be those civil privileges which society engages to provide in place of the- natural liberties given up by individuals.

Whence arises the necessity of governmont andlaws 1 What is tliat state of freedom called, which arises from tlie restrictions placed upon natural liberty 1 What is Civil Liberty ?

Laws which augment the civil liberty of a people, must often necessarily restrain the personal liberty of individuals.

Although a person in the freest Republic in the world may be imprisoned for a crime, his civil liberty is not invaded, if his confinement is the result of a beneficial public law ; for, according to the definition of civil liberty, the law by which his crime is punished conduces to the public welfare.

Political Liberty — is that degree of security with which any particular form of goverment guarantees the enjoyment of civil liberty. Civil liberty may exist in perfection under an absolute monarch, who has the will and the wisdom to make beneficial laws, and the power to execute them. But under such a government there is no security for the continuance of civil liberty ; consequently political liberty is there unknown.

Civil Society — is the union of a multitude of people who agree to live in subjection to certain laws which either the people themselves form, or which are left to the regulation of their rulers. Nothing can be advanced with certainty respecting the origin of civil societies.

What are the rights retained by tlie people 1

How may the civil liberty of a people be increased, while the personal liberty of individuals is restrained 1

What is Political Liberty 1

How may civil liberty exist under an absolute monarch, and why not political liberty 1

What is Civil Society 1

To what has the origui of civil societies been attributed 1

Their origin has been attributed —

First — To paternal authority — that authority which a father exercises over his family- — a patriarch over his direct descendants. The band, thus united by the ties of kindred, and by a similarity of views and interests, would naturally be kept together after the death of the patriarch, and his authority would be transferred , to some one of his descendants.

Second — Civil society is supposed by some to have originated in that fear and diffidence which mankind had of one another, which induced them to unite together in order to shelter themselves from the evils they apprehended.

Third — That ambition in the more powerful was the cause of reducing the weaker to subjection ; thus forming the germs of sovereignty and empire.

But the varieties of character among the rudest people, will not permit us to refer the origin of all governments to a general and uniform principle. It is more natural to suppose that different circumstances gave rise to different states.

Law — is a mode of existence, or a state of being. It is not a rule of action only, for inertia is a law of matter. The term law, however, embraces the rules of all action, and comprehends alike the rules by which the heavenly bodies move, by which nations are governed and plants grow.

First— Second— Third— What is the most natural supposition relating to their origin 1 What is Law?

What is law in its most general signification 1

Law, in a political sense, however, signifies a rule of human action. In a particular state, it is a rule prescribed by the supreme power in the State, the design of which should be to declare and enforce the observance of what is right, and to forbid and punish what is wrong.

Law may be divided into four kinds — -the Law of Nature, Revealed Law, the Laws of Nations, and Municipal Law.

The Law of Nature — is the will of the Deity as gathered from his works.

Revealed Law — is the will of the Deity as expressed by himself in divine revelation.

The former is what, by the assistance of reason, we imagine to be the will of the Deity. The latter is what the Deity has expressly declared to be his will.

The Laws of Nations — are those rules which deline the rights, and prescribe the duties of nations, in their mutual intercourse with each other.

Municipal Law — is a rule of civil conduct prescribed by the supreme power in a state. Municipal Laws are civil or internal, as distinguished from national or external laws. The laws relative to the descent of property are municipal laws ; but laws relative to com-

What is the signification of the term wiieu used iu a political sense t

What is it in a particular state ?

How may law be di\ided 1

What is the Law of Nature I

Revealed Law 1

The Laws of Nations 1

Municipal Law 7 morce, to war, the army and navy, are external and national.

Sovereignty — is the highest power inan independent state or community, and is incompatible with the natu» ral hberty of man. But a wise sovereignty, whether its power be vested in one man, in a select body of men, or in the whole people, does not subvert civil liberty, but, on the contrary, contributes to strengthen and ce» ment it.

For a State or Nation to be sovereign, it must govern itself i without any dependence upon another power. It must have no superiors. But when a community, cityj or State forms a part of another community or State, and is represented in foreign countries by that community or State of which it is a part, then it is not sovereign.

With respect to the United States, the individual States are not sovereign powers. The General Government of the United States is sovereign in a na^ tional capacity, and that of the States in a municipal capacity. The former can declare war, make peace, enter into treaties, regulate commerce, coin money, &c. And these are national objectso.

The States have reserved to themselves the power to make municipal laws — those which directly concern

"V^Tiat is Sovereignty ?

With which is sovereignty incompatible, natural or civil liberty ?

What is necessary in order for a State to be sovereign 1

In the United States are the individual States sovereign powers 1

In what capacity is the general government sovereign 1

la what may the States be considered sovereign 1 the States alone — such as those which relate to State taxation, descent of property, chartered companies, police regulations, &c. The States are, therefore, sovereign in their municipal capacity only.

But the government of the United States is superior to and sovereign over the governments of the States in those cases in which they are constitutionally brought into collision. Finally, the people of the United States, are one nation, and do not constitute many separate sovereignties united by a league.

Government — is the whole body of constituted authority. From the very origin of society, one portion of the people has exercised authority over the rest. The authority thus exercised is called the. government f and it derives its just powers from the consent of the governed.

There are four principal forms of government, viz : Despotism, Limited Monarchy, Aristocracy, and Democracy, or Republic.

• A Despotism — is that form of government in which a single individual, without any law, governs according to his own will and caprice. An example of this kind of goverment may be found in Turkey, where the Sultan exercises all the powers of sovereignty, with respect to the general administration of public affairs ;

Wliich is superior, the General or the State governments 7

What is Government 1

How many, and what are the principal forms of government 1

What is a Despotism 1

Wliere may an example of this kind of goveniment be found ?

By what is the sovereigi-.ty of the Sultan limited l but even there he is limited by certain customs and rules, as it respects private justice.

The advantages of a despotism are unity of counsel, activity, decision, secrecy, military strength, the exclusion of popular and aristocratical contentions, and the prevention, by a known order of succession^ of all competition for the supreme power.

The evils to which it is liable are tyranny, expense, unnecessary wars waged to gratify the passions of an individual, uncertainty of obtaining a good prince, ignorance in the rulers of the interests of the people, want of constancy and uniformity in the rules of government, and, finally, insecurity of person and property.

An Aristocracy — -is that form of government in which the legislature and sovereign power are in a select assembly, the members of which either fill up by election the vacancies in their own body, or succeed to their places in it by inheritance, property, or in respect of some personal right or qualification.

The word aristocracy is of Greek derivation, and is compounded of the adjective aristos, signifying best or wisest, and hratos, signifying power or strength. The whole word signifies that form of government in which a few of the wisest and best govern.

The theory of this government is certainly a very

What are the advantages of a despotism 1 What are the evils to which it is liable 1 What is an Aristocracy 1

What is the derivation and signification of the word aristocracy 1 What is said of the theory, as contrasted with the practical effects of this form of goverment 1 beautiful one ; and if the best and the wisest were the rulers, the government would be as perfect as human ingenuity could* devise. But the practical effects of this form of government are often widely different from the advantages promised by the theory.

Aristocracies are of two kinds : First, that in which the power of the nobility belongs to them in their collective capacity only ; that is, where, although the government is vested in an assembly of the order, yet the members of that assembly, separately and individually, possess no authority or privilege beyond the rest of the community.

Secondly, where the nobles are severally invested with great personal power and immunities, and where the power of the Senate is little more than the aggregated power of the individuals who compose it.

Of these two forms of government, the former is far more tolerable than the latter. For in the former, although a few members of the Senate should be profligate enough to abuse their authority, it would still be difficult to obtain the con^nt of a majority to any specific act of oppression.

Or if the Senate had the will to do wrong, the povver would be more confined ; for one tyrant, whether the tyranny resides in a single person or in a Senate, cannot exercise oppression at so many places at the same

Of how many kinds are ailstocracies 1 What is the form first mentioned 1 The second 1 Wliicb is the more tolerable, and whv 1

3*

30 ELEMENTS OP

time as may be exercised by a numerous nobility over their respective vassals and dependents.

The peculiar advantage claimed for an aristocracy, is the wisdom which may be expected from experience and education. A permanent council naturally possesses experience, and the members who succeed to their places in it by inheritance, will probably be educated with a view to the stations which they are destined by their birth to occupy.