The Government Class Book by Andrew W. Young
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Andrew W. Young >> The Government Class Book
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26 [Transcriber's Note: In the original book, questions appeared at the
bottom of each page. These questions have been compiled at the end of
the text.]
The Government Class Book;
Designed for the Instruction of Youth in the Principles of
Constitutional Government and the Rights and Duties of Citizens.
By Andrew W. Young,
Author of "Science of Government," "First Lessons in Civil Government,"
"American Statesman," "Citizen's Manual of Government and Law."
NEW-YORK:
J. C. DERBY & N. C. MILLER,
5 SPRUCE STREET, TRIBUNE BUILDINGS.
1865.
Entered, according to Act of Congress, in the year 1859, by Andrew W.
Young, in the Clerk's Office of the District Court of the United States
for the Northern District of New York.
Preface.
The utility of the diffusion of political knowledge among a people
exercising the right of self-government, is universally admitted. The
form of government established by the people of the United States,
though well adapted to promote the general welfare, is highly
complicated; and the knowledge requisite to administer it successfully
can not be acquired without much study. From the fact that a large
portion of the American people are greatly deficient in this knowledge,
we may justly conclude that it will never become general, until it shall
have been made an object of school instruction.
The administration of the government of this great and rapidly
increasing republic, will, in a few years, devolve upon those who are
now receiving instruction in the public schools. Yet thousands annually
complete their school education, who have never devoted any time to the
study of the principles of the government in which they are soon to take
a part--who become invested with political power without the preparation
necessary to exercise it with discretion. The schools are regarded as
the nurseries of our future statesmen. They share largely in the bounty
of the state; yet few of them render in return even the rudiments of
political science to those who are to become her legislators, and
governors, and judges. Not only in the common schools generally, but in
a large portion of the high schools and seminaries, this science is not
included in the course of instruction.
To many of the most enlightened friends of education and of our free
institutions, it has long been a matter of surprise as well as regret,
that those to whom the educational interests of the states are more
immediately intrusted, should so long have treated the study in question
as of minor importance, or have suffered it to be excluded by studies of
far less practical utility. The Regents of the University of the State
of New York have repeatedly noticed the neglect of this study in the
academies and seminaries subject to their visitation; and they mention
it as a remarkable fact, that in many of them preference is given to the
study of the Grecian and Roman antiquities. They say: "The
constitutions, laws, manners, and customs of ancient Greece and Rome are
made subjects of regular study, quarter after quarter, while our own
constitutional jurisprudence, and the every day occurring principles of
our civil jurisprudence, are not admitted as a part of the academic
course!"
To persons who are to engage in any of the industrial or professional
pursuits, a preparatory course of training or discipline is deemed
indispensable to success. Yet many assume the weighty responsibilities
of freemen, and allow their sons to do the same, with scarcely any
knowledge of a freeman's duties. On the intelligent exercise of
political power, the public prosperity and the security of our liberties
mainly depend. Every person, therefore, who is entitled to the rights of
a citizen, is justly held responsible for the proper performance of his
political duties. And any course of popular instruction which fails to
impart a knowledge of our system of government, must be materially
defective.
With a view to supply this deficiency, the author, many years since,
prepared his "Introduction to the Science of Government." This work soon
attained considerable popularity, both as a class book in schools, and
as a book for private reading and reference for adults. Not being
deemed, however, sufficiently _elementary_ for the children and youth
in most of our common schools, another work, entitled, "_First Lessons
in Civil Government_," was written to meet the capacities of younger or
less advanced scholars than those for whom the previous work was
designed.
The favorable reception of these works by the public, and the assurances
of their usefulness to thousands who have studied them, are to the
author a source of high gratification, and an ample reward for many
years of arduous labor. The value of these works has, however, been in a
measure impaired by changes in the government and laws since the time of
their first publication. The latter, especially, descending so minutely
into the details of the government of the state for which alone it is
intended, requires frequent revisions.
It has occurred to the author that a new work, more permanent in the
character of its matter, and adapted for use in all the states, is
demanded to supply the deficiency in the present course of education.
Stimulated by a desire to bear some part in laying a solid foundation
for our republican institutions, and encouraged by the success of his
former labors in this department of education, he has, after a
suspension of several years, resumed his efforts in this enterprise, in
the hope that, with the cooeperation of teachers, and those having
official supervision of the schools, it may be carried forward to an
early consummation; when the principles of government shall be made a
subject of regular study in the schools, and the elements of a sound
political education shall be accessible to the mass of American youth.
And he flatters himself, that the attention he has given to this subject
has enabled him to prepare a work adapted, in a good degree, to meet the
existing want of the schools.
Many words and phrases, as they occur in the course of the work, have
been defined; and an attempt has been made to explain the several
subjects in such a manner as to render them intelligible to youth.
The object which it is the purpose of this work to aid in effecting,
claims the earnest attention of parents. Every father, at least, is
bound to see that his sons have the means of acquiring a good political
education. He can not innocently suffer them to pass from under his
guardianship unprepared to discharge their political duties.
The study of this work should not be confined to male pupils. It has
long been considered a striking defect in our system of education, that
females are not more generally instructed in the principles of civil
government, and in matters of business. Although they take no active
part in public affairs, the knowledge here commended would enable them
to exert a far more powerful and salutary influence upon our national
character and destiny. As wives, mothers, teachers, and especially as
counselors of the other sex, they could apply this knowledge to valuable
purposes. And the question is submitted, whether it would not contribute
more to their usefulness than some of those accomplishments which form
so large a part of a modern female education, and which are usually lost
amidst the cares of married life.
To preserve and transmit the blessings of constitutional liberty, we
need a healthful patriotism. But a genuine love of country is hardly to
be expected where there is not a proper appreciation of our political
institutions, which give it its preeminence among nations. And how can
they be duly appreciated if they are not understood? It has been one of
the objects of the writer to bring to view the chief excellencies of our
system of government, and thus to lay, in the minds of youth, the basis
of an enlightened and conservative patriotism.
That this work, as an elementary treatise on civil government, is not
susceptible of improvement, is not pretended. Such as it is, it is
submitted to the judgment of a candid public. If it shall prove in any
considerable degree useful, the author's highest expectations will have
been realized.
To Teachers.
To the meritorious, though often undervalued labors of the instructors
of American youth, is our country greatly indebted for the successful
working of its system of free government; and upon the labors of their
successors rest, in an equal degree, all well-founded hopes of its
future political prosperity.
The general introduction and profitable study of this work, depend much
upon a hearty and active cooeperation of teachers in the enterprise which
it is intended to promote. From all who desire to make themselves in the
highest degree useful in their profession, such cooeperation is
confidently anticipated.
The advantage of instructing a class in civil government, is not
confined to the pupils. The teacher will find the exercise both
interesting and profitable to himself. Although pains have been taken to
adapt the work to the capacities of youth, the definition of many terms
and phrases, and the further explanation of many subjects, have
necessarily been left to be supplied by teachers. The study and
investigation which may in some cases be required to qualify them for
the task, will be amply rewarded by their own advancement in political
knowledge.
No intelligent teacher, it is presumed, will object to the introduction
of this study, on the ground that there is not sufficient time or room
for an additional exercise. Useful as all the branches now taught may be
justly deemed, all of them are not, as is a knowledge of government,
indispensable to the security of our liberties. The latter is of far
greater importance to an American citizen, than a knowledge of some
portions of arithmetic and the higher mathematics; and in the opinion of
some distinguished educators the time now devoted to these, in many
schools, is sufficient to acquire a tolerable political education. It is
believed, however, that this study need not exclude, or essentially
interfere with, any of the studies pursued in the schools generally. By
the more advanced scholars in the common schools, the work may be used
as a reading book, and thus a two-fold advantage be gained from its use.
To assist the more inexperienced teachers in conducting the exercise, a
few questions have been appended to the chapters. Questions may be added
by the teachers at pleasure, or to such extent as may be thought
necessary. And it is believed the recitations may be made more
profitable to pupils, by requiring them, so far as may be, to give
answers in their own words. To some of the printed questions, no answers
are furnished by the chapters and sections referred to, but may be found
in the Synopsis of the State Constitutions, or other parts of the work.
Occasionally questions have been inserted to which no part of the work
furnishes the answers.
Contents
Principles of Government.
Chapter I.
Mankind fitted for Society, and for Civil Government and Laws
Chapter II.
Rights and Liberty, defined
Chapter III.
Laws defined
Chapter IV.
Different Forms of Government. Monarchy; Aristocracy; Democracy;
Republic
State Governments.
Chapter V.
The Nature and Objects of a Constitution, and the manner in which
it is made
Chapter VI.
Qualifications of Electors; or, by whom Political Power is
exercised in the States of this Union
Chapter VII.
Elections
Chapter VIII.
Division of the Powers of Government
Chapter IX.
States Legislatures--how constituted
Chapter X.
Meetings and Organization of the Legislature
Chapter XI.
Manner of Enacting Laws
Chapter XII.
Executive Department. Governor and Lieutenant Governor
Chapter XIII.
Assistant Executive State Officers
Chapter XIV.
Counties and County Officers. Powers and Duties of County Officers
Chapter XV.
Towns and Town Officers. Powers and Duties of Town Officers
Chapter XVI.
Incorporation and Government of Cities, Villages, &c.
Chapter XVII.
Judicial Department. Justices' Courts
Chapter XVIII.
Trial by Jury; Execution; Attachment; Appeals; Arrest of Offenders
Chapter XIX.
Courts other than Justices' Courts; Grand and Petit Juries, &c.
Chapter XX.
Chancery or Equity Courts; Probate Courts; Court of Impeachment
Chapter XXI.
Assessment and Collection of Taxes
Chapter XXII.
Education. School Funds; Schools, &c.
Chapter XXIII.
Canals and Railroads
Chapter XXIV.
Banks and Insurance Companies
Chapter XXV.
The Militia
Government of the United States.
Chapter XXVI.
Causes of the Revolution
Chapter XXVII.
Nature of the Union under the Confederation
Chapter XXVIII.
Nature of the Union under the Constitution
Chapter XXIX.
Legislative Department. House of Representatives
Chapter XXX.
The Senate
Chapter XXXI.
Power of Congress to lay Taxes, Duties, &c.; Power to Borrow Money
Chapter XXXII.
Power to Regulate Commerce. Commerce with Foreign Nations
Chapter XXXIII.
Power to Regulate Commerce, continued. Navigation; Commerce among
the States, and with the Indian Tribes
Chapter XXXIV.
Powers of Congress in Relation to Naturalization; Bankruptcy;
Coining Money; Weights and Measures; Punishment of Counterfeiting
Chapter XXXV.
Powers of Congress in Relation to Post-Offices; Copy-Rights and
Patents; Inferior Courts
Chapter XXXVI.
Powers of Congress in Relation to Piracy and Offenses against the
Law of Nations; War; Marque and Reprisal; Public Defense; District
of Columbia; Implied Powers
Chapter XXXVII.
Prohibitions on Congress
Chapter XXXVIII.
Prohibition on the States
Chapter XXXIX.
Executive Department. President and Vice-President; their Election,
Qualifications, &c.
Chapter XL.
Powers and Duties of the President; Treaties; Public Ministers;
Appointments and Removals
Chapter XLI.
Auxiliary Executive Departments. Departments of State, of the
Treasury, of the Interior, of War, of the Navy, of the Post-Office;
Attorney General
Chapter XLII.
Judicial Department. District Courts; Circuit Courts; Supreme Court
Chapter XLIII.
Treason Defined, its Punishment
Chapter XLIV.
State Records; Privileges of Citizens; Fugitives; Admission of New
States; Power over Territory; Guaranty of Republican Government
Chapter XLV.
Provision for Amendments; Assumptions of Public Debt; Supremacy of
the Constitution, &c.; Oaths and Tests; Ratification of the
Constitution
Chapter XLVI.
Amendments to the Constitution
Common and Statutory Law.
Chapter XLVII.
Rights of Persons. Personal Security; Personal Liberty; Religious
Liberty; Liberty of Speech, and of the Press; Right of Property
Chapter XLVIII.
Domestic Relations. Husband and Wife
Chapter XLIX.
Domestic Relations, continued. Parent and Child; Guardian and Ward;
Minors; Masters, Apprentices, and Servants
Chapter L.
Rights of Property. How Title to Property is acquired; Wills and
Testaments; Title to Property by Descent
Chapter LI.
Deeds and Mortgages
Chapter LII.
Incorporeal Hereditaments, Right of Way; Aquatic Rights, &c.
Chapter LIII.
Leases. Estates for Life; Estates for Years; Estates at Will;
Estates by Sufferance; Rent, &c.
Chapter LIV.
Contracts in General
Chapter LV.
Contracts of Sale
Chapter LVI.
Fraudulent Sales; Assignments; Gifts, &c.
Chapter LVII.
Bailment
Chapter LVIII.
Principal and Agent, or Factor; Broker; Lien, &c.
Chapter LIX.
Partnership
Chapter LX.
Promissory Notes
Chapter LXI.
Bills of Exchange; Interest; Usury
Chapter LXII.
Crimes and Misdemeanors
Law of Nations.
Chapter LXIII.
Origin and Progress of the Law of Nations; the Natural, Customary,
and Conventional Laws of Nations
Chapter LXIV.
The Jurisdiction of Nations; their mutual Rights and Obligations;
the Rights of Embassadors, Ministers, &c.
Chapter LXV.
Offensive and Defensive War; just Causes of War; Reprisals;
Alliances in War
Chapter LXVI.
Declaration of War; its Effect upon the Person and Property of the
Enemy's Subjects; Stratagems in War; Privateering
Chapter LXVII.
Rights and Duties of Neutral Nations; Contraband Goods; Blockade;
Right of Search; Safe Conducts and Passports; Truces; Treaties of
Peace
Synopsis of the State Constitutions.
Maine
New Hampshire
Vermont
Massachusetts
Rhode Island
Connecticut
New York
New Jersey
Pennsylvania
Delaware
Maryland
Virginia
North Carolina
South Carolina
Georgia
Florida
Alabama
Mississippi
Louisiana
Texas
Arkansas
Missouri
Tennessee
Kentucky
Ohio
Indiana
Illinois
Michigan
Wisconsin
Iowa
California
Minnesota
Constitution of the United States
Government Class Book.
Principles of Government.
Chapter I.
Mankind fitted for Society, and for Civil Government and Laws.
Sec.1. Mankind are social beings. They are by nature fitted for society. By
this we mean that they are naturally disposed to associate with each
other. Indeed, such is their nature, that they could not be happy
without such association. Hence we conclude that the Creator has
designed men for society. It can not, therefore, be true, as some say,
that the savage state is the natural state of man.
Sec.2. Man is so formed that he is dependent upon his fellow men. He has
not the natural strength of other animals. He needs the assistance of
creatures like himself to protect and preserve his own being. We can
hardly imagine how a person could procure the necessaries of life
without such assistance. But men have the gifts of reason and speech. By
conversation they are enabled to improve their reason and increase their
knowledge, and to find methods of supplying their wants, and of
improving their social condition.
Sec.3. But, although men need the assistance of each other, they are so
formed that each must have the care of himself. If every man were fed
and clothed from a common store, provided by the labor of all, many,
depending upon the labor of others, would be less industrious than they
now are. By the present arrangement in society, which obliges every man
to provide for his own wants, more is earned, a greater number are cared
for, and the general welfare is better promoted than would be done if
each labored for the benefit of all.
Sec.4. From this arrangement comes the right of property. If each man's
earnings should go into a common stock for the use of all, there would
be nothing that any one could call his own. But if each is to provide
for himself, he must have a right to use and enjoy the fruits of his own
labor.
Sec.5. But all men in society have the same rights. Therefore, in laboring
to supply our wants, and to gratify our desires, we can not rightfully
do so any further than is consistent with the rights of others. Hence we
see the necessity of some established rules for securing to every member
of society the free enjoyment of what justly belongs to him, and for
regulating his conduct toward his fellow-members.
Sec.6. These rules for regulating the social actions of men, are called
laws. _Law_, in a general sense, is a rule of action, and is applied to
all kinds of action. But in its limited and proper sense, it denotes the
rules of human action prescribing what men are to do, and forbidding
what they are not to do.
Sec.7. We have seen that man is fitted for society, and that laws are
necessary to govern the conduct of men in the social state. We see also
that mankind are fitted by nature for government and laws. Man is also a
moral being. The word _moral_ has various significations. Sometimes it
means only virtuous, or just; as, a moral man; that is, a man of moral
character, or who lives a moral life; by which is meant that the conduct
of the man is just and right.
Sec.8. But in a wider sense, the word moral relates to the social actions
of men, both right and wrong. Thus, in speaking of the character of a
man, we say, his morals are good, or his morals are bad. And of an
action, we say, it is morally right, or it is morally wrong. Man's
having a moral nature implies that he has a sense of right and wrong, or
at least the power or faculty of acquiring it; and, being a moral agent,
he is accountable for his actions.
Sec.9. Thus we have seen that men are social, reasonable, and moral beings.
They have power to discern their own wants and the wants of their fellow
men; to perceive what is right and what is wrong; and to know that they
ought to do what is right and to forbear to do what is wrong. Their
reason enables them to understand the meaning of laws, and to discover
what laws are necessary to regulate the social actions of men. Hence we
conclude that they are fitted and designed for society, and for
government and law.
Sec.10. The youngest reader probably knows, that in speaking of society, we
do not refer to any of those associations usually called societies, but
to _civil_ society, composed of the people of a state or nation. A
_nation_, or _state_, is a large number of persons united under some
form of government; as, the French nation; the British nation; or the
state of New-York; the state of Virginia. Sometimes it signifies the
ruling or governing power of a state or nation, as, the state has
provided for educating its citizens, and for supporting the poor.
Sec.11. The object of the people in forming a state association, or, as is
sometimes said, of entering into civil society, is to promote their
mutual safety and happiness. In uniting for this purpose, they agree to
be governed by certain established rules and principles; and the
governing of the people of a state or nation according to these rules,
is called _civil government_. The word _government_ also signifies the
rules and principles themselves by which the people are governed; and
sometimes the persons who administer the government--that is those who
make the laws of a state and carry them into effect--are called _the
government_.
Chapter II.
Rights and Liberty, defined.
Sec.1. We have spoken of the rights of men, and of laws as designed to
secure to men the free enjoyment of their rights. But a more particular
definition of rights and laws will be useful to young persons just
commencing the study of civil government.
Sec.2. A _right_ means ownership, or the just claim or lawful title which a
person has to anything. What we have acquired by honest labor, or other
lawful means, is rightfully our own; and we are justly entitled to the
free use and enjoyment of it. We have a right also to be free in our
actions. We may go where we please, and do what ever we think necessary
for our own safety and happiness; provided we do not trespass upon the
rights of others; for it must be remembered that others have the same
rights as ourselves.
Sec.3. The rights here mentioned are _natural_ rights. They are so called
because they are ours by nature or by birth; and they can not be justly
taken from us or alienated. Hence they are also called _inalienable_. We
may, however, forfeit them by some offense or crime. If, for example, a
man is fined for breaking a law, he loses his right to the money he is
obliged to pay. By stealing, he forfeits his liberty, and may be justly
imprisoned. By committing murder, he forfeits his right to life, and may
be hanged.
Sec.4. Rights are also called personal, political, civil, and religious.
_Personal rights_, or the _rights of persons_, are rights belonging to
persons as individuals, and consist of the right of _personal security_,
or the right to be secure from injury to our bodies, or persons, or our
good names; the right of _personal liberty_, or the liberty of moving,
acting, or speaking without unjust restraint; and the _right of
property_, or the right to acquire and enjoy property. The terms
_rights of person_ and _rights of persons_, or _personal rights_, have
not the same meaning. The rights of person, as the term is generally
used, does not include the right of property; personal rights include
both the right of property and the rights of person.
Sec.5. _Political rights_ are those which belong to the people in their
political capacity. The word _political_, in a general sense, relates to
government. The whole body of the people united under one government, is
called the political body, or body politic. The right of the people to
choose and establish for themselves a form of government, or
constitution, and the right to elect persons to make and execute the
laws, are political rights. The right of voting at elections is
therefore a political right.
Sec.6. _Civil rights_ are those which are secured to the citizens by the
laws of the state. Some make no distinction between civil rights and
political rights. In a proper sense--that in which the terms are here
used--there is this difference: political rights are those secured by
the political or fundamental law, called the constitution; civil rights
are more properly those which are secured by the civil or municipal
laws. The difference will more clearly appear from the definition
elsewhere given of the political and civil laws. (Chap. III. Sec.5, 6.)
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