First lessons in civil government; including a comprehensive view of the government of the state of New York, and an abstract of the laws showing the rights, duties, and responsibilities of citizens in the civil and domestic relations; with an outline of the government of the United States: adapted to the capacities of children and youth, and designed for the use of schools

Front matter

ClassZLfck^^l

BookJL

19,45

Preface

To the intelligent citizens of the state of New- York, an apology for the appearance of this work will scarcely seem necessary. Notwithstanding the number and variety of class-books that have sought and gained admittance into our public schools, the study of our civil polity has not yet been encumbered with treatises on this most important science.

To secure the blessings of liberty to themselves and their posterity, was the leading object of the people of the United States in ordaining and establishing the constitution. That this constitution is fully adequate to the objects of its formation, has been satisfactorily proved by the experience of more than half a century.

Whether the blessings of civil and religious freedom, which our system of government is so happily adapted to secure, shall be enjoyed by our posterity, time alone can determine. Of the probability or improbability of the fact, we may, however, conjecture from what is done to qualify the rising generation of American youth for the duties ami responsibilities which, as freemen, they are soon to assume,.

In a few years, the destinies of this great and growing republic will be committed to those who are now receiving instruction in our public schools. How important that the course of education pursued in these institutions, should include the study of the principles of republican government, and especially of that government in which they will so shortly be called to take a part.

A thorough knowledge of our constitutional and civil jurisprudence cannot well be too highly appreciated. Without it, we may hope in vain to perpetuate our free institutions. The very idea of free government presupposes a knowledge of such government. And how is it to be obtained

IV PREFACE.

without study ? As well might we suppose that our youth could, without study, acquire a knowledge of any other science now taught in our schools.

The study of political science should be commenced early. Children should grow tip in the knowledge of our political institutions. The provisions of our constitution should be to them as familiar as the spelling-book; and yet thousands of our young men reach their majority, and presume to exercise their political franchise, who have never so much as given the constitution a single reading !

We boast of republican equality. The high and the low, the rich and the poor, enjoy an equal amoint of political power. How important, then, that all should be capable ot exercising this power with equal wisdom and effect!

Let it be remembered, that this is a nation of freemen. The people are, or ought to be, the rulers ; and those to whom the more immediate administration of the government is intrusted, are but the servants of the people. In a government of the people, therefore, all should be statesmen. They should know how the public business, ought to be done, that they may know when to call unfaithful servants to account.

It is by the exercise of their political power, that the people are enabled to correct the evils of bad administration ; but if they do not exercise it intelligently, they may, in attempting to correct these evils, only increase and aggravate them.

If ever the great body of the people are to be qualified for the business of self-government, our common schools must be relied on as the principal means. In these institutions, probably nine tenths of our citizens receive all their education. A science, therefore, the knowledge of which is so essential to our political prosperity, should be taught in every common school.

Influenced by these considerations, the compiler prepared, a few years since, his "Introduction to the Science of Government." The circulation which that work has received, affords evidence that the importance of this science is beginning to be appreciated. The object of the work was declared to be, "to supply a deficiency in the course of education." The belief was entertained and expressed, that it would be found well adapted to the condition of our

PREFACE. T

common schools; and that the several subjects of which it treated were made " intelligible to those who were of suitable age and capacity to be benefitted by the study of this science."

The fact, however, has been ascertained by experience, that youth have the " capacity " to comprehend the principles of civil government at a much earlier "age" than that to which the work is adapted : and hence it is used by a small portion only of those who may be benefitted by the study.

The primary design of the present work is, therefore, to supply a deficiency still remaining ; and it is confidently believed, that it may be profitably studied by children of ordinary intelligence, at the age of ten years.

In the author's endeavor so to simplify and illustrate certain subjects as to meet the capacities of children, some may discover what may be deemed a needless repetition, and familiarity of style. Those, however, who have been engaged in the instruction of youth, are aware that there is little danger of aiming too low. A very common defect of many valuable works is, that they do not descend to the comprehension of those for whose benefit they are designed.

It will be seen that this work differs from the former, in respect to both the plan and the matter. The "Science of Government" being adapted alike to all the states, a particular description of the government of no state could be given in that work. It is designed to instruct our citizens in the principles of civil government in general, and particularly in "the constitutional and civil jurisprudence of the United States."

The work now offered is intended only for this state, and is emphatically a book of the government of the state of New- York. Besides a general view of the extensive machinery of our state government, it contains, as its title indicates, an abstract of the statutes of the state, from which the citizen may learn his rights, responsibilities, and duties, as a member of the civil community.

Although a smaller portion of the work is devoted to the government of the United States, an outline of the same has been given, showing the nature and objects of the union, the relations which the state and national governments bear to

■VI PREFACE.

each other, the powers of the general government, and the organization of its several departments.

This work, although designed more especially as a -classbook in schools, will be found highly useful and convenient in the family library, as a book of reference.

The author would earnestly recommend, that the female scholars also study the work. Although they are to take no part, directly, in the government, they may exert a political influence which, though silent, shall not be the less powerful and salutary.

Not the least important object of the author has been, to inspire our youth with a love of their country and its free institutions. He has endeavoured, by contrast, to show the superiority of our government over all others. An intelligent patriotism is deemed indispensable to the health and vigor of the body politic.

That the work is imperfect, is readily admitted. If it shall be found to contain important errors, they will be corrected. Such as it is, it is presented to the public.

September, 1843.

TO TEACHERS.

The occupation of an instructer of youth, is a most honorable and responsible one. The persons who are, in a few years, to become our legislators, judges, and governors, are now in the process of training, in our public schools. Teachers should therefore realize the magnitude of their trust, since the future character and destiny of the nation depend bo essentially upon the degree of ability and fidelity with which this trust shall be discharged.

In our common schools, chiefly, must the foundation be laid for our future statesmen. From this work, if it shall meet a favorable reception, not a few of them will receive their " first lessons. 75 Its success and efficiency will depend materially upon the manner in which it is received and used by teachers.

A teacher who desires to be in the highest degree useful, will cheerfully undertake the instruction of a class in civil government. The exercise may be made interesting to both teacher and scholars. The interest of the latter may be increased, by showing them how the personal advantage of every individual is promoted by good government.

(V

Vlli TO TEACHERS.

Notwithstanding a due familiarity of style has been

attempted in this work, words and phrases have frequently

become necessary, which will need some explanation to the scholar. Every scholar should be furnished with a dictionary,

and be required to know the meaning of every word in the

lesson.

Some of the chapters will be found too long for a single lesson. Such portions only should be assigned to the class as may be learned well. In exercising the pupil, the teacher will generally find it necessary to add questions of his own, which he may do at pleasure.

No questions have been affixed to the Declaration of Independence and the constitutions. Suitable portions of these may be given to the class, and the questions for exercise must be supplied by the teacher.

Scholars, especially those in the cities of this state, need be informed, that cities have governments peculiar to themselves, and, consequently, that much of what pertains to the government of the state of New-York, is not applicable to the city governments.

CHAP. VIII. Organization of the Legislature — Privileges of Members — Appointment of its Officers, &c, 35

CHAP. IX. How the laws are enacted — The Compensation of Members, &c, m 38

CHAP. X. Of the Executive Department, and of the general Administration of the Government of the State — Governor and Lieutenant Governor, 43

CHAP. XI. Of the Secretary of State, Comptroller, Treasurer, Attorney- General, and State Printer, 45

CHAP. XII. Of the Funds, Revenue, and other property of the State ; and of the general management of them — General Fund ; Canal Fund, and Canals, 50 (9)

X CONTENTS.

Page.

CHAP. XIII. Common School Fund; and Literature Fund, and their management, 53

CHAP. XIV. Of the Public Lands, Buildings, &c; and of the salt Springs, 57

CHAP. XV. Of the Militia of the State, 61

CHAP. XVI. Of Towns and their Incorporation, and of Town Meetings, 63

CHAP. XVII. Town Officers and their Powers and Duties — Supervisors, Town Clerks, Commissioners of Highways, Overseers of Highways, Overseers of the poor, 65

CHAP. XVIII. Town Superintendent of Common Schools — Constables, Inspectors of Election, 70

CHAP. XIX. Town Sealer— Board of Auditors of Town Accounts — Commissioners of Excise — Fence Viewers — Strays, Pound Masters, 73

CHAP. XX. County Officers — Board of Supervisors — Treasurer, Clerk, Sheriff, Surrogate, District Attorney, Judges, Superintendents of Poor, Superintendent of Schools, 77

CHAP. XXI. Of the Assessment and Collection of Taxes, 82

CHAP. XXII. Of Courts of Justice.— Justices 5 Courts, 85

CHAP. XXIII. Trial by Juries ; Collection of Judgments, Appeals, etc., 90

CHAP. XXIV. Courts of Common Pleas and General Sessions of the Peace ; Circuit Courts, and Courts of Oyer and Terminer, 94

CHAP. XXV. Court of Chancery ; Court for the Correction of Errors, and Trial of Impeachments, 97

CHAP. XXVI. General Provisions concerning Courts of Record, 100

CHAP. XXVIL Time of commencing Actions, 104

CHAP. XXVIII. Of Rights.— The Right of Property ; Title to Real Estate, 106

CHAP. XXIX. Of the Proof and Recording of Deeds and Mortgages, 109

CONTENTS. Xi

Page

CHAP. XXX. Of Leases; and the Rights of Landlord and Tenant, 112

CHAP. XXXI. Of Wills and Testaments, 115

CHAP. XXXII. Of the Domestic Relations.— Of Marriage, and the Relation of Husband and Wife * Parent and Child ; Guardian and Ward, 118

CHAP. XXXIII. Minors, Masters, Apprentices and Servants, 122

CHAP. XXXIV. Of Fraudulent Conveyances, and of Contracts in General, 124

CHAP. XXXV. Of Principal and Factor, or Agent ; and of Lien, 128

CHAP. XXXVI. Of Partnership, and of Bailment, or the Delivering, Borrowing, Carrying, Letting, etc. of Property, 130

CHAP. XXXVII. Of Promissory Notes; Bills of Exchange ; Interest, 134

CHAP. XXXVIII. Moneyed Corporations. — Banks ; Insurance Companies, 137

CHAP. XXXIX. Of Crimes.— Felonies, or Crimes punishable with Death, or by Imprisonment in State Prison, 141

CHAP. XL. Offences punishable by Imprisonment in a county Jail, and by Fines ; General Provisions concerning Crimes ; Arrest and Examination of offenders, 147

CHAP. XLI. Sundry Regulations for preserving Peace and Order, 150

CHAP. XLII. Of the rights of Conscience ; Writ of Habeas Corpus ; Liberty of Speech and of the Press, 154

CHAP. XLIII. Of the Government of the United States, 157

CHAP. XLIV. Of the Legislative Department, 160

CHAP. XLV. Of the Executive Department, 163

CHAP. XLVI. Of the subordinate Executive Departments, 165

CHAP. XL VII. Of the Judicial Department, 169

CHAP. XL VIII. Of the Powers of the General Government, 171

Xll CONTENTS.

Page.

CHAP. XLIX. Powers of the General Government, continued, 175

CHAP. L. Powers prohibited to Congress and the States, 179

CHAP. LI. Review and conclusion, 182

Appendix

Declaration of Independence, 187

Constitution of the State of New York, 191

Constitution of the United States, 205

CIVIL GOVERNMENT, &c.

CHAPTER I.

Of Civil Government and Laws ; what they are, and why # they are necessary.

§ 1. Government, in a general sense, signifies direction, or regulation ; or it is the control which one thing has over another, in causing it to move 'or operate in a certain manner. When applied to persons, it means the exercise of authority by one or more persons over others.

§ 2. A parent gives directions to his children for the regulation of their behavior. He commands what they are to do, and forbids what they are not to do. In giving these rules and causing them to be obeyed, he is said to govern his family. So the government of a teacher consists in keeping order in his school, by causing his scholars to observe the rules he has prescribed for their conduct.

§ 3. But that kind of government which I shall endeavor to explain in this book, is the government of a state or nation, generally called civil government. It is so called, because it is the government which regulates the actions of persons as members of civil society. But in order fully to understand the meaning of civil government, it is necessary first to know what is meant by civil society.

§ 4. The Creator intended that mankind should live together. He has given them a desire to associate with each other, and made their happiness depend, in a great measure, on such association. Hence we find that persons derive enjoyment from each other's company which they could not have by living alone.

Questions. § 1. What is government in a general sense ? What when applied to persons ? § 2. Illustrate the meaning by example. % 3. What £ the government of a state or nation called I Why \ $ 4. From what

§ 5. Any number of persons associated together in any manner, or for any purpose, may be called a society. The friends of temperance associate for the purpose of promoting temperance, and are called a temperance society. Other persons act together as a Bible society, or an education society. But neither of these associations, nor any others commonly called societies, are what is understood by civil society.

§ 6. The term civil society is applied to the people of a country united for the purpose of government, under written rules and regulations. But it does not apply to the people of every nation. The Indians of this country observe certain rules and customs ; but as these people ffre savage and unlearned, they are called uncivilized, and are not properly civil communities.

§ 7. Civil society can be said to exist only where the people are in a civilized state, or state of social improve*- ment. By a state of civilization and social improvement is meant refinement of manners, or growth in knowledge. In any country where the people enjoy the benefits of learning, and the means of improving their social condition, or of making themselves more comfortable and happy, they are called civilized ; and the authority exercised in regulating the conduct or actions of mankind in civil society, is called civil government.

§ 8. The rules by which the conduct of men in civil society is to be regulated, are called laws ; as the commands ©f the parent or householder are the laws of the family, oi as the rules of the teacher are the laws of the school. A law is therefore a rule prescribing what men are to do, an*. what they are not to do. A law implies two things; first. the right and authority of those who govern to make th«* law ; secondly, the duty of the governed to obey the law.

§ 9. To give force to a law, it must have a penalty. Penalty is the pain or suffering to be inflicted upon a person for breaking a law. The law requires, that for stealing, a man must pay a fine, or be put into prison, and that for murder, he must be hanged : therefore fine or imprisonment is the

do you infer that man is made for society? § 5. What is a society? ' § G. What is civil society ? % 7. Where does civil society exist ? What is civil ization ? Is this a civilized country 1 § 8. What are called laws ? Define law. $ 9. Why have laws a penalty ? What is penalty I % 10. Why ar©

Eights, laws, etc. 15

fenalty for stealing, and hanging is the penalty for murder, f there were no penalties annexed to laws, men could not be compelled to obey them ; bad men would commit the worst of crimes without fear, and there would be no safety or order in society.

§ 10. Civil government and laws, therefore, are necessary to preserve the peace and order of a community, and to secure to its members the free enjoyment of their rights. A right is the just claim or lawful title which we have to any thing. Thus we say, a person has a right to what he has earned by his labor, or bought with his money. A man is entitled to what is lawfully or justly his own ; that is, he has a right to it.

§ 11. We have a right also to do things. We have a right to go where we please, and to act as we please, if by so doing we do not. trespass upon the rights of others. This being free to act thus is called liberty. But it must be remembered that all men in civil society have the same natural rights, and no one has a right to disturb others in the enjoyment of their rights.

§ 12. All laws ought to be so made as to secure to men the liberty to enjoy and exercise their natural rights. Natural rights are those which we are entitled to by nature, rights with which we are born. They are called natural rights, because they are ours by birth. And because all persons in society have naturally the same rights, we have no right to what belongs to another, nor to say or do what will injure another.

§ 13. The law of nature is that rule of conduct which weare bound to observe towards our Creator and our fellow men, by reason of our natural relations to them. It is a perfect rule for all moral and social beings, right in itself, right in the nature of things ; and it would be right, and ought to be obeyed, if no other law or positive command had ever been given.

§ 14. Mankind being dependent on their Creator, they owe to him duties which they ought to perform, though he had never positively enjoined them. It is right in itself that we

laws necessary ? What is a right ? Explain the meaning. § 11. What is liberty 1 § 12. What are natural rights ? May we do what ever we please ? § 13. What is the law of nature ? $ 14. What reason is here given for should love and serve our Maker, and thank him for his mercies ; and it would be just as much our duty to do so, if he had never so commanded. And it is right in the nature of things that we should love our neighbor as ourselves ; and our obligation to do so would be just as certain, had the duty never been enjoined by a positive precept.

§ 15. Living in society with our fellow men, on whom we are in a measure dependent, and who have the same natural rights as ourselves, we are bound by the principles of natural justice to promote their happiness, by doing to them as we would that they should do to us ; that is to say, the law of nature requires us to do so. And here let it be remarked, that the all-wise and kind Creator has so constituted man, that in thus promoting the happiness of his fellow men, he increases his own.

§ 16. But it may be asked, if the law of nature is the rule by which mankind ought to regulate their conduct, of what use are written laws ? The will of the Creator is the law of nature which men are bound to obey. But mankind in their present imperfect state are not capable of discovering in all cases what the law of nature requires ; it has therefore pleased Divine Providence to reveal his will to mankind, to instruct them in their duties to himself and to each other. This will is revealed in the Holy Scriptures, and is called the law of revelation, or the Divine law.

§ 17. But though men have the Divine law for their guide, human laws are also necessary. God has commanded men to do that which is right, and to deal justly with each other ; but men do not always agree as to what is right : human laws therefore become necessary to say what shall be considered just between man and man. And these laws must be written, that it may always be known what they are.

§ 18. Again it may be asked, what must be done when a human law does not agree with the Divine law ? Must such law be obeyed ? Men have no right to make a law that is contrary to the law of God ; and we are not bound to obey

loving our Creator and our fellow men ? § 15. How must we act towards our fellow men ? By what law ? $ 16. Do the will of God and the law of nature agree 1 Why then are written laws necessary 1 Wherein is the Divine law revealed ? ^17. Why are human laws necessary ? § 18. When human laws and the Divine law disagree, which must be obeyed I

FORMS OF GOVERNMENTS. 17

it. The apostles were forbidden to preach the gospel ; but they said, " we ought to obey God rather than men ; M and they continued to preach. (Acts, Chapter 5.) But we may not disobey a human law simply because it fails to require strict justice. A law may be very imperfect, as many human laws are, and yet we may obey it without breaking the Divine law.

CHAPTER II. How Power is exercised in different Governments

§ 1. The people of every country live under government and laws of some kind; but the modes and forms of government in different countries are very different from each other. What distinguishes one form of government from another is, that the power to govern, that is, the power to make the laws and to put them in force, is in different hands, and is exercised in a different manner in some governments from what it is in others.

§ 2. In some countries the power to govern is in one per* son, called a king or emperor, who makes the laws for the people, who are called subjects, because they are subject to Ins will, which is their law. Such a government is called a monarchy, which means a government by one man, who is called monarch. When the ruler exercises authority over his subjects in a cruel manner, he is called a despot or tyrant, and his government is called despotism, or tyranny. Originally the words despot and tyrant meant simply a single ruler. But such is the sense at present conveyed by these words, that any government, when so administered as to oppress -the people, is called despotic or tyrannical.

§ 3. Another form of government is a democracy, which means government by the people. In a government purely democratic, the people govern themselves. The great body of freemen meet in one assembly to make the laws and to

$ 1. Are all forms of government alike ? Wherein consists the difference ? % 2. Who makes the Liws in a momrchv ? What is a monarchy I When is it called a despotism, or tyranny \ § 3. What is a democracy ? How are lawa 2 transact the public business. In ancient Greece and Rome there were some governments of this kind. This kind of government can exist only in small territories. It would be impossible for all the citizens of a large community to meet in a single assembly and do business.

§ 4. It will be seen that the two kinds of government here described, are directly opposite to each other. In the former, the power is in the hands of one man; in the latter, the power to govern is exercised by all the people. In the one, the people are governed by another ; in the other, they govern themselves. The former, in which the will of one man is the law, is called an absolute or arbitrary government ; the latter, in which the people make their own laws, is called a free government.

§ 5. There is a form of government which partakes of the nature of both a monarchical and a free government, and is therefore called a mixed government. It is also called a limited monarchy, because the monarch is himself restrained by laws, and cannot make laws alone. The government ot Great Britain is one of this description. The chief magistrate, or king, gets his power as kings usually do, by right of birth that is, he inherits it from his ancestors, in the same manner as a son becomes heir to the property of his father, at whose death the property comes to the child by right of birth. The eldest son, if there is a son, is heir to the crown.

§ 6. But the kino; in that country has not the power to make the laws. The laws are framed by parliament, and submitted to the king for his approval. If he approves them, they become laws, otherwise they do not. Parliament i3 composed of two legislative assemblies, the house of lords and the house of commons. The lords are men of high rank, who get their office by birth, or from the king. They are also called nobles. The house of commons is composed of men who are elected by the people. These three branches of the government, the king, the house of lords, and the house of commons, must all agree upon a measure before it is a law.

made in a pure democracy ? § 4. Contrast a monarchy and a pure democracy? § 5. What is a mixed government ? How does a king get power? $ 6. By whom are laws made in Great Britain ? And how? How is par* liai mnt constituted ? Describe the two houses. $ 7. What is an aristocracy I

FOmiS OF GOVERNMENT. 19

§ 7. Governments called aristocracies, have also existed;

but no government properly called an aristocracy is known to exist at the present time. The word is applied to a government which is in the hands of a few persons of rank and wealth. The aristocratic principle, however, is preserved in the British house of lords.

§ 8. But the form of government which prevails in this country is different from all those which have been described. It is a republican government. A republic is a form of government in which the public, the people, enjoy common rights and privileges. Hence the name of commonwealth ia sometimes applied to a republican government; as a thing is said to be common when it is enjoyed by persons generally, or by all. Hence also the word community, which signifies the people living under the same laws, and enjoying the same privileges. Every state In the union is a republic.

§ 9. In a republic the political power is with the people ; and therefore the government is free. Hence our government is sometimes called a democracy; and perhaps the words republic and democracy had formerly the same meaning. But our government is materially different from such a democracy as has been described. In a republic like ours, the people do not all assemble in a body to make laws as in a pure democracy. The laws are made by a small number of men called representatives, who are chovn by the people for that purpose. The people also choose persons to transact the other business that needs to be done.

§ 10. Our government is therefore a representative government, or a representative republic. A representative is a person chosen or employed by others to make known their wishes,, and to transact their business. A representative is therefore an agent. The word agent, however, more frequently denotes a person intrusted with the business of private individuals ; by representative is generally understood one who is chosen to assist in enacting the laws. Ail public agents and representatives are called officers.