Democratick Editorials: Essays in Jacksonian Political Economy

William Leggett, courtesy of United States Library of Congress
Leggett, William
(1801-1839)
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Editor/Trans.
Lawrence H. White, ed.
First Pub. Date
1834
Publisher/Edition
Indianapolis: Liberty Fund, Inc.
LibertyPress
Pub. Date
1984
Comments
Essays first published 1834-1837.
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Part I

The Doctrine of Equal Rights


TRUE FUNCTIONS OF GOVERNMENT

I.1.0

Evening Post, November 21, 1834. Title added by Theodore Sedgwick, Jr. in editing A Collection of the Political Writings of William Leggett (1840).

I.1.1

"There are no necessary evils in Government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as heaven does its rains, shower its favours alike on the high and the low, the rich and the poor, it would be an unqualified blessing."*19

I.1.2

This is the language of our venerated President, and the passage deserves to be written in letters of gold, for neither in truth of sentiment or beauty of expression can it be surpassed. We choose it as our text for a few remarks on the true functions of Government.

I.1.3

The fundamental principle of all governments is the protection of person and property from domestic and foreign enemies; in other words, to defend the weak against the strong. By establishing the social feeling in a community, it was intended to counteract that selfish feeling, which, in its proper exercise, is the parent of all worldly good, and, in its excesses, the root of all evil. The functions of Government, when confined to their proper sphere of action, are therefore restricted to the making of general laws, uniform and universal in their operation, for these purposes, and for no other.

I.1.4

Governments have no right to interfere with the pursuits of individuals, as guarantied by those general laws, by offering encouragements and granting privileges to any particular class of industry, or any select bodies of men, inasmuch as all classes of industry and all men are equally important to the general welfare, and equally entitled to protection.

I.1.5

Whenever a Government assumes the power of discriminating between the different classes of the community, it becomes, in effect, the arbiter of their prosperity, and exercises a power not contemplated by any intelligent people in delegating their sovereignty to their rulers. It then becomes the great regulator of the profits of every species of industry, and reduces men from a dependence on their own exertions, to a dependence on the caprices of their Government. Governments possess no delegated right to tamper with individual industry a single hair's-breadth beyond what is essential to protect the rights of person and property.

I.1.6

In the exercise of this power of intermeddling with the private pursuits and individual occupations of the citizen, a Government may at pleasure elevate one class and depress another; it may one day legislate exclusively for the farmer, the next for the mechanic, and the third for the manufacturer, who all thus become the mere puppets of legislative cobbling and tinkering, instead of independent citizens, relying on their own resources for their prosperity. It assumes the functions which belong alone to an overruling Providence, and affects to become the universal dispenser of good and evil.

I.1.7

This power of regulating—of increasing or diminishing the profits of labour and the value of property of all kinds and degrees, by direct legislation, in a great measure destroys the essential object of all civil compacts, which, as we said before, is to make the social a counterpoise to the selfish feeling. By thus operating directly on the latter, by offering one class a bounty and another a discouragement, they involve the selfish feeling in every struggle of party for the ascendancy, and give to the force of political rivalry all the bitterest excitement of personal interests conflicting with each other. Why is it that parties now exhibit excitement aggravated to a degree dangerous to the existence of the Union and to the peace of society? Is it not that by frequent exercises of partial legislation, almost every man's personal interests have become deeply involved in the result of the contest? In common times, the strife of parties is the mere struggle of ambitious leaders for power; now they are deadly contests of the whole mass of the people, whose pecuniary interests are implicated in the event, because the Government has usurped and exercised the power of legislating on their private affairs. The selfish feeling has been so strongly called into action by this abuse of authority as almost to overpower the social feeling, which it should be the object of a good Government to foster by every means in its power.

I.1.8

No nation, knowingly and voluntarily, with its eyes open, ever delegated to its Government this enormous power, which places at its disposal the property, the industry, and the fruits of the industry, of the whole people. As a general rule, the prosperity of rational men depends on themselves. Their talents and their virtues shape their fortunes. They are therefore the best judges of their own affairs, and should be permitted to seek their own happiness in their own way, untrammelled by the capricious interference of legislative bungling, so long as they do not violate the equal rights of others, nor transgress the general laws for the security of person and property.

I.1.9

But modern refinements have introduced new principles in the science of Government. Our own Government, most especially, has assumed and exercised an authority over the people, not unlike that of weak and vacillating parents over their children, and with about the same degree of impartiality. One child becomes a favourite because he has made a fortune, and another because he has failed in the pursuit of that object; one because of its beauty, and another because of its deformity. Our Government has thus exercised the right of dispensing favours to one or another class of citizens at will; of directing its patronage first here and then there; of bestowing one day and taking back the next; of giving to the few and denying to the many; of investing wealth with new and exclusive privileges, and distributing, as it were at random, and with a capricious policy, in unequal portions, what it ought not to bestow, or what, if given away, should be equally the portion of all.

I.1.10

A government administered on such a system of policy may be called a Government of Equal Rights, but it is in its nature and essence a disguised despotism. It is the capricious dispenser of good and evil, without any restraint, except its own sovereign will. It holds in its hand the distribution of the goods of this world, and is consequently the uncontrolled master of the people.

I.1.11

Such was not the object of the Government of the United States, nor such the powers delegated to it by the people. The object was beyond doubt to protect the weak against the strong, by giving them an equal voice and equal rights in the state; not to make one portion stronger, the other weaker at pleasure, by crippling one or more classes of the community, or making them tributary to one alone. This is too great a power to entrust to Government. It was never given away by the people, and is not a right, but a usurpation.

I.1.12

Experience will show that this power has always been exercised under the influence and for the exclusive benefit of wealth. It was never wielded in behalf of the community. Whenever an exception is made to the general law of the land, founded on the principle of equal rights, it will always be found to be in favour of wealth. These immunities are never bestowed on the poor. They have no claim to a dispensation of exclusive benefits, and their only business is to "take care of the rich that the rich may take care of the poor."

I.1.13

Thus it will be seen that the sole reliance of the labouring classes, who constitute a vast majority of every people on the earth, is the great principle of Equal Rights; that their only safeguard against oppression is a system of legislation which leaves all to the free exercise of their talents and industry, within the limits of the GENERAL LAW, and which, on no pretence of public good, bestows on any particular class of industry, or any particular body of men, rights or privileges not equally enjoyed by the great aggregate of the body politic.

I.1.14

Time will remedy the departures which have already been made from this sound republican system, if the people but jealously watch and indignantly frown on any future attempts to invade their equal rights, or appropriate to the few what belongs to all alike. To quote, in conclusion, the language of the great man, with whose admirable sentiment we commenced these remarks, "it is time to pause in our career—if we cannot at once, in justice to the interests vested under improvident legislation, make our government what it ought to be, we can at least take a stand against all new grants of monopolies and exclusive privileges, and against any prostitution of our Government to the advancement of the few at the expense of the many."


Notes for this chapter


19.
From Andrew Jackson's message to the Senate, July 10, 1832, vetoing the rechartering of the Bank of the United States.—Ed.

OBJECTS OF THE EVENING POST

End of Notes


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THE RESERVED RIGHTS OF THE PEOPLE

I.2.0

Evening Post, December 13, 1834. Title added.

I.2.1

The President of the United States, in his last Message to Congress, has the following remarkable sentiment, which we shall make the subject of a brief commentary: "To suppose that because our Government has been instituted for the benefit of the people, it must therefore have the power to do whatever may seem to conduce to the public good, is an error into which even honest minds are apt to fall."

I.2.2

Whoever has watched with attention the course pursued by the General and State Governments ever since their first organization, must, we think, have been struck with the conviction that one of the great practical evils of our system arises from a superabundance of legislation. It is probable, nay certain, that putting the acts of Congress and those of the State legislature together, they amount to some thousands annually. Is it possible that the good people of the United States require to be hampered and pestered by such a multiplicity of fetters as this; or that they cannot be kept in order without being manacled every year by new laws and regulations? Every superfluous law is a wanton and unnecessary innovation of the freedom of action, and impairs the RESERVED RIGHTS OF THE PEOPLE. Let us inquire what these rights are.

I.2.3

All governments are originally instituted for the protection of person and property; and the people, in their formation, only delegate to their rulers such powers as are indispensable to these great objects. All the powers not thus delegated are retained by the people, and may be denominated their reserved rights. In defining the objects of government, all writers agree that they are those which we have just specified, namely, the protection of the rights of person and property. Whatever is necessary to these purposes, the people have given away, whatever is not necessary they have retained. Protect their persons and property, and all the rest they can do for themselves. They want no government to regulate their private concerns; to prescribe the course and mete out the profits of their industry. They want no fireside legislators; no executive interference in their workshops and fields; and no judiciary to decide their domestic disputes. They require a general system of laws, which, while it equally restrains them from violating the persons and property of others, leaves their own unimpaired.

I.2.4

For the attainment of these primary objects in the formation of government it can never be necessary to confer privileges on one class of a community which the others do not equally enjoy. Such privileges would be destructive of the great end of all governments, since they tend to create, or at least strengthen those inequalities of wealth and influence from which originate those dangers to person and property against which all governments were intended to guard. Such a course inevitably tends to increase the vigour of the strong, and the imbecility of the weak by comparison, thus exposing the latter to successful invasions of their rights of person and property.

I.2.5

Among the rights expressly reserved to themselves by the people of the United States, was a complete equality of civil privileges. This right is inherent in every people, and when not expressly relinquished, remains with them as a matter of course. But in respect to the people of the United States, it is not merely tacitly reserved, it is guaranteed, and asserted, and recognized in the constitution of our general government, as well as in those of the states, as their great fundamental principle.

I.2.6

The only case in which the people of the United States have delegated to their representatives the right of interfering in their private business and pursuits is that of commerce, and the reason is obvious. Such a power was necessary in the government, to enable it to establish a uniform system of regulations and imposts, and to make commercial treaties with foreign nations. Without it there would have been no regular or permanent system of foreign trade; each man might make his own private arrangements without conforming to any rule and thus the government would be reduced to the alternative of either leaving our ships and commerce to their fate, or going to war to protect those whom it could not controul. And this power to "regulate" the pursuits of industry extends no further. It was not necessary to the purposes of a good government, in relation to any other class of the community, and was never conceded by them either virtually or verbally.

I.2.7

Yet if we analyse the course of legislation in the United States, ever since the adoption of the various constitutions of government, we shall find that legislative bodies have been regularly and systematically employed in frittering away, under a thousand pretenses, the whole fabric of the reserved rights of the people. Nine tenths of their legislation has consisted of infringements on that great principle of equal rights without whose eternal barrier no nation can ever long maintain its liberty. The representatives of the people have gradually usurped and exercised all the rights which, if our government was administered in its purity, would be left for the people to exercise. Their vocation has consisted, not in making general, but special laws; not in legislating for the whole, but for a small part; not in preserving unimpaired the rights of the people, but in bartering them away to corporations. Corporations for purposes of charity—for men cannot give to the poor unless they are incorporated; corporations for purposes of education—for children will not learn their A B C nowadays, unless under a system of exclusive privileges; corporations for spinning and weaving—for the wheel will not turn nor the shuttle go, unless they are incorporated—corporations for this, that, and for every purpose which the ingenuity of money making man can devise. Each one of these not only enjoys privileges denied to every other citizen, and of which none but monied men can partake, because the foundation of all these corporations is money, money, money; but each one of these also violates the reserved right of the great body of the people. It is either legislating away for a certain period, or forever, a part of their sovereignty, or it is interfering with the pursuits of individual industry, by raising up a rival fatal to its prosperity.

I.2.8

In this way our national and state governments have, until lately, been employed in filching away the reserved rights of the great body of the people, to give or sell them, to little knots of monied men, and thus enable them by the aid of certain privileges, to combine more successfully against individual rights and individual industry. The people were placed between two fires. On one hand Congress was establishing a great Bank, and giving away tens of millions to great corporations in all quarters; on the other the states were forging another set of fetters in the shape of all sorts of privileged bodies, each one ruling its little district; each one swallowing up the business of private individuals; each one prescribing the prices of goods and the rates of labour, and each one a rotten borough, returning members of Congress. At one time these rotten boroughs, like those of England, returned a majority of the members of Congress! Can we wonder then that protection and prohibition, internal improvements, and corporate privileges, were almost the only words heard in that honourable body? Can we wonder that the voice of the people was as the voice of one crying in the wilderness, and that but for the honest, fearless, high minded, and clear headed Andrew Jackson and his worthy counsellors, not a vestige of the reserved rights of the people would have survived the practical operation of the principle repudiated by that great and wise man, namely, "that because our government has been instituted for the benefit of the people, it must therefore have the power to do whatever may seem to conduce to the public good."

I.2.9

Under the sanction of such a principle, a government can do any thing on pretense of acting for the public good. It will become the mere creature of designing politicians, interested speculators, or crack-brained enthusiasts. It will gradually concentrate to itself all the reserved rights of the people; it will become the great arbiter of individual prosperity; and thus before we know it, we shall become the victims of a new species of despotism, that of a system of laws made by ourselves. It will then remain to be seen whether our chains will be the lighter from having been forged by our own hands.

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OBJECTS OF THE EVENING POST

I.3.0

Evening Post, January 3, 1835. Title added by Sedgwick.

I.3.1

Those who only read the declamations of the opponents of the Equal Rights of the people, may be induced to believe that this paper advocates principles at war with the very existence of social rights and social order. But what have we asked in the name of the people, that such an interested clamour should be raised against them and us? What have we done or said, that we should be denounced as incendiaries, striking at the very roots of society and tearing down the edifice of property? It may be useful to recapitulate what we have already done, in order that those who please may judge whether or not we deserve these reproaches, from any but the enemies of the equal rights of person and property.

I.3.2

In the first place, in designating the true functions of a good government, we placed the protection of property among its first and principal duties. We referred to it as one of the great objects for the attainment of which all governments were originally instituted. Does this savour of hostility to the rights of property?

I.3.3

In the second place, we maintained that all grants of monopolies, or exclusive or partial privileges to any man, or body of men, impaired the equal rights of the people, and was in direct violation of the first principle of a free government. Does it savour of hostility to the rights of property to maintain that all property has equal rights, and that exclusive privileges granted to one class of men, or one species of property, impair the equal rights of all the others?

I.3.4

As a deduction from these principles, we draw the conclusion that charters conferring partial or exclusive monopolies on small fractions of society, are infringements on the general rights of society, and therefore that the system ought to be abandoned as soon as possible, as utterly at war with the rights of the people at large. It is here that the shoe pinches, and here the clamour against us will be found to originate. Thousands and tens of thousands of influential individuals, at the bar, on the bench, in our legislative bodies, and everywhere, are deeply interested in the continuance of these abuses. Lawmakers, law-expounders and law executors, have invested either their money or their credit in corporations of every kind, and it is not to be wondered at that they should cry out against the abandonment of a system from whence they derive such exorbitant gains.

I.3.5

We are accused of violating vested rights when we ask, in the name of the people, that no more be created, and that all those possessing the means and the inclination, may be admitted, under general regulations, to a participation in the privileges which hitherto have been only enjoyed through the caprice, the favour, the policy, or the corruption, of legislative bodies. We never even hinted at touching those vested rights, until the period to which they had been extended by law had expired, and till it could be done without a violation of legislative faith. We defy any man to point out in any of our arguments on this subject a single idea or sentence that will sustain the charge of hostility to actually vested rights. Our opposition was prospective, not retroactive; it was not to present, but to future vested rights.

I.3.6

In attacking a course of policy in the future, do we make war on the past? In pointing out what we believe errors in former legislation, and recommending their abandonment in future, do we violate any right of property, or recommend any breach of public faith? Or, in advocating the equal rights of all, do we impair the constitutional rights of any? It might be well for the clamourous few who assail our principles and our motives with opprobrious epithets, which, though they do not understand their purport themselves, they mean should convey the most dishonourable imputations—it might be well for them to answer these questions before they resort to railing.

I.3.7

One of the greatest supports of an erroneous system of legislation, is the very evil it produces. When it is proposed to remedy the mischief by adopting a new system, every abuse which has been the result of the old one becomes an obstacle to reformations. Every political change, however salutary, must be injurious to the interests of some, and it will be found that those who profit by abuses are always more clamourous for their continuance than those who are only opposing them from motives of justice or patriotism, are for their abandonment. Such is precisely the state of the question of monopoly at this moment.

I.3.8

Under the abuses of the right to grant exclusive privileges to the few, which is a constructive, if not a usurped power, a vast and concentrated interest and influence has grown up among us, which will undoubtedly be seriously affected in its monopoly of gain from that source, by the discontinuance of their chartered privileges, when they shall expire by their own limitation. The admission of all others having the means and the inclination to associate for similar purposes, by destroying the monopoly at one blow, will in all probability diminish the prospect of future gains; and these will be still further curtailed, by at first restricting banks in their issues of small notes and in the amount of notes they are permitted to put into circulation, and finally by repealing the restraining law,*20 and throwing banking open to the free competition of the whole community. These may prove serious evils to the parties concerned; but it is a poor argument to say that a bad system should be persevered in, least a small minority of the community should suffer some future inconvenience. The magnitude of the evils produced by an erroneous system of legislation, far from being a circumstance in favour of its continuance or increase, is the strongest argument in the world for its being abandoned as soon as possible. Every reformation may in this way be arrested, under the pretence that the evils it will cause are greater than those it will cure. On the same principle the drawing of a tooth might be opposed, on the ground that the pain is worse than that of the tooth-ache, keeping out of sight the fact that the one is a lasting and increasing, the other a momentary evil.

I.3.9

It is the nature of political abuses, to be always on the increase, unless arrested by the virtue, intelligence and firmness of the people. If not corrected in time, they grow up into a gigantic vigour and notoriety which at length enables them to wrestle successfully with the people, and overthrow them and their rights. The possessors of monopolies and exclusive privileges, which form the essence of every bad government, pervert a long perseverance in the wrong, into a political right; abuses grow venerable by time; usurpation matures into proscription; distinctions become hereditary; and what cannot be defended by reason, is maintained on the ground that a long continuance of wrongs, and a long possession of rights, are equally sacred.


Notes for this chapter


20.
This law prohibited banks not expressly chartered by the New York State legislature.—Ed.

REPLY TO THE CHARGE OF LUNACY

End of Notes


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REPLY TO THE CHARGE OF LUNACY

I.4.0

Evening Post, January 30, 1835. Title added by Sedgwick.

I.4.1

The Bank tory presses originated the imputation of lunacy against the conductors of this journal, and the echoes of the Albany Argus have caught up the cry, and rung the changes upon it, until very possibly many of their readers, who do not read the Evening Post, may suppose it has some foundation in truth. One good-natured editor in Connecticut, we perceive, has taken the matter up quite seriously in our defence, and seeks to prove that we are not crazy in the full sense of the word, but only partially crazy, or suffering under a species of monomania on the subject of monopolies. We are infinitely obliged to our benevolent defender, and in return for his courtesy beg leave to assure him, that if our views on the subject of banks and corporations are evidence of the malady he imputes to us the disease is endemic in this state, and not even Governor Marcy's proposed magnificent lunatic asylum would be capable of containing one hundredth part of the monomaniacs who now go at large, and are generally supposed to be in the full enjoyment of their senses.

I.4.2

The charge of lunacy against an antagonist whose arguments are not refutable is neither a very new nor very ingenious device. Its novelty is on a par with its candour. It is a short and wholesale method of answering facts and reasonings, of which weak and perverted minds have ever been ready to avail themselves, and it has ever been especially resorted to against such as have had the boldness to stand forward as the asserters of the principles of political and religious liberty. Those who are unable to refute your arguments, can at least sneer at their author; and next to overthrowing an antagonist's doctrines, it is considered by many a desirable achievement to raise a laugh against himself. To be laughed at by the aristocracy, however, (and there are too many aristocrats who, to answer selfish purposes, rank themselves with the democracy) is the inevitable fate of all who earnestly strive to carry into full practical operation the great principle of equal political, civil, and religious rights. To escape "the fool's dread laugh," is therefore not to be desired by those who are ardent and determined in the cause of true democratic principles. Such derision they will consider rather as evidence of the soundness of their views, and will be inclined to say with John Wesley, "God forbid that we should not be the laughing-stock of mankind!"

I.4.3

But we put it to every reader seriously, whether, in all they have seen against the doctrines maintained by this paper on the subject of banks and corporations, they have yet found one single argument addressed to men's reasons, and tending to show that our views are wrong. They have read, doubtless, a deal of declamation about our ultraism and our Jacobinism; they have seen us called a Utopian, a disciple of Fanny Wright,*21 an agrarian, a lunatic, and a dozen other hard names. They have seen it asserted that we are for overthrowing all the cherished institutions of society; for breaking down the foundations of private right, sundering the marriage tie, and establishing "a community of men, women, and property." But amidst all this declamation—amidst all these groundless and heinous charges, have they yet found one editor who had the candour fairly to state our views, and meet them with calm and temperate argument? If they have found such a one, they have been more fortunate than we.

I.4.4

While the principles which we maintain are subject to such constant and wilful misrepresentations, it may not be without use frequently to repeat, in a brief form, the real objects for which we contend. All our agrarian, utopian and anarchical views, then, are comprehended in the following statement of the ends at which we aim.

I.4.5

First, with regard to corporations generally: we contend that it is the duty of the legislature, in accordance with the principle of equal rights, on which this government is founded, to refrain, in all time to come, from granting any special or exclusive charters of incorporation to any set of men, or for any purpose whatever; but instead, to pass one general law, which will allow any set of men, who choose to associate together for any purpose, (banking alone temporarily excepted,) to form themselves into that convenient kind of partnership known by the name of corporation.

I.4.6

Second, with regard to banking: we contend that suitable steps should be immediately taken by the legislature to place that branch of business on the same broad and equal basis: that to this end, no more banks should be created or renewed; that existing banks should be gradually curtailed of their privilege to issue small notes, until no bank notes of a smaller denomination than twenty dollars should be in circulation; and that then the restraining law should be repealed, and the community left as free to pursue the business of banking, as they now are to pursue any business whatever.

I.4.7

We are not in favour of pulling down, or overthrowing, or harming, in any way, any existing institutions. Let them all live out their charters, if they do nothing in the meanwhile to forfeit them; and as those charters should expire, the very same stockholders might, if they chose, associate themselves together in a voluntary corporation, under the proposed general law, and pursue their business without interruption, and without let or hindrance.

I.4.8

The grand principle which we aim to establish is the principle of equal rights. The only material difference between the present system, and the system we propose, is that instead of exclusive privileges, or particular facilities and immunities, being dealt out to particular sets of individuals by the legislature, all kinds of business would be thrown open to free and full competition, and all classes and conditions of men would have restored to them those equal rights which the system of granting special charters of incorporation has been the means of filching from them.

I.4.9

All our Utopianism, Jacobinism, Agrarianism, Fanny Wrightism, Jack Cade-ism; and a dozen other isms imputed to us, have this extent, no more. It would argue that there was something very rotten in the democracy of the present day, if for entertaining and strenuously asserting such views, the conductors of a public journal, whose business and pride it is to maintain democratic principles, should be generally supposed to labour under mental derangement. If this is lunacy, it is at all events such lunacy as passed for sound and excellent sense in Thomas Jefferson. The sum of a good government, as described by that illustrious champion of democracy, is all we aim at—"a wise and frugal government, which shall restrain men from injuring one another; shall leave them otherwise free to regulate their own pursuits of industry and improvement; and shall not take from the mouth of labour the bread it has earned."


Notes for this chapter


21.
Frances Wright (1795-1852), controversial feminist and communitarian reformer.—Ed.

PREFATORY REMARKS

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THE LEGISLATION OF CONGRESS

I.5.0

Evening Post, March 11, 1835. Title added by Sedgwick. Text abridged.

· · · · · ·

I.5.1

Either the present number of representatives in Congress is necessary, or it is not. If the former, then a regular and general attendance is demanded of the members. If the latter, then it is an abuse to saddle the people with the expense of these supernumerary legislators, who spend their time in gallanting the ladies about the city of Washington, or flirting with them in the galleries of the two Houses. If their wisdom is essential to the welfare of the people, then the people who pay them have a right to its exercise: if it is not, it might better be employed on their own account at home.

I.5.2

The close of every session of Congress, whether short or long, invariably exhibits a vast mass of public business either not acted upon, or left unfinished, consisting not unfrequently of questions of great and general importance to the whole Union. This lamentable result may be partly owing to the annual increase of private claims not susceptible of judicial decision, and therefore brought before Congress as the only resort. If so, it would seem to be high time to make such a disposition of these matters as may allow ample time to the proper affairs of the nation; to those general laws which are of universal concern, and the neglect of which is felt in every part of the country.

I.5.3

The cause of this neglect of more important affairs, in the first instance, and this precipitate legislation on them afterwards, will be discovered in the unlimited indulgence of the rage for speech making—the cacoethes loquendi, which is the prevailing epidemic in Congress—added to that propensity to private, partial, and local legislation, which is becoming the curse of this country. Almost every member has his budget of matters of this sort, in which the great mass of the nation has no concern whatever, and which he cannot die in peace without thrusting upon the attention of Congress, and urging with a pertinacity and verbosity precisely in proportion to their insignificance. In this way the people are borne down to the earth with public benefits and harassed with legislation, and there is some reason to fear that it will be discovered ere long that they cannot breathe without a special act of Congress.

I.5.4

"DO NOT GOVERN TOO MUCH," is a maxim which should be placed in large letters over the speaker's chair in all legislative bodies. The old proverb, "too much of a good thing is good for nothing," is most especially applicable to the present time, when it would appear, from the course of our legislation, that common sense, common experience, and the instinct of self-preservation, are utterly insufficient for the ordinary purposes of life; that the people of the United States are not only incapable of self-government, but of taking cognizance of their individual affairs; that industry requires protection, enterprize bounties, and that no man can possibly find his way in broad day light without being tied to the apron-string of a legislative dry-nurse. The present system of our legislation seems founded on the total incapacity of mankind to take care of themselves or to exist without legislative enactment. Individual property must be maintained by invasions of personal rights, and the "general welfare" secured by monopolies and exclusive privileges.

I.5.5

The people of the United States will discover when too late that they may be enslaved by laws as well as by the arbitrary will of a despot; that unnecessary restraints are the essence of tyranny; and that there is no more effectual instrument of depriving them of their liberties, than a legislative body, which is permitted to do anything it pleases under the broad mantle of THE PUBLIC GOOD—a mantle which, like charity, covers a multitude of sins, and like charity is too often practised at the expense of other people.

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RELIGIOUS INTOLERANCE

I.6.0

Evening Post, March 21, 1835. Title added.

I.6.1

Certain sectarian newspapers are doing all in their power to stir ill blood between the Protestant sects, particularly the Calvinists, and the Roman Catholics. The Journal of Commerce and the Commercial Advertiser lead the van in this warfare of bigotry and intolerance. It is strange that the world should not yet have learned, after so many lessons written in blood, that persecution inflames and combines those whom it aims to subdue and disperse. If political evil should ever come of the Roman Catholic religion in this country it will come in consequence of the exercise of that narrow and intolerant spirit which we are sorry to see so active among us. There are other religious sects whose predominance we should consider quite as unfriendly to the perpetuation of free institutions and the diffusion of human liberty. They whose creed prompts them, in this day and generation, to urge proscription of the Roman Catholics because they believe more or less or different from themselves, are, to say the least, quite as dangerous enemies of the principles of liberty as the Roman Catholics possibly can be.

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DIRECT TAXATION

I.7.0

Evening Post, April 22, 1834. Title added by Sedgwick.

I.7.1

No reflecting mind can consider the mode of raising revenue in this country for the support of the Government, in connexion with the great principle on which that Government is founded, without being struck with the anomaly it presents. The fundamental principle of our political institutions is that the great body of the people are honest and intelligent, and fully capable of self-government. Yet so little confidence is really felt in their virtue and intelligence, that we dare not put them to the test of asking them, openly and boldly, to contribute, each according to his means, to defray the necessary expenses of the Government; but resort, instead, to every species of indirection and arbitrary restriction on trade. This is true, not only of the General Government, but of every State Government, and every municipal corporation. The General Government raises its revenue by a tax on foreign commerce, giving rise to the necessity of a fleet of revenue vessels, and an army of revenue officers. The State Governments raise their funds by a tax on auction sales, bonuses on banks, tolls on highways, licenses, excise, &c. The municipal corporations descend a step in this prodigious scale of legislative swindling, and derive their resources from impositions on grocers, from steamboat, and stage-coach licenses, and from a tax on beef, wood, coal, and nearly every prime necessary of life. This whole complicated system is invented and persevered in for the purpose of deriving the expenses of Government from a people whose virtue and intelligence constitute the avowed basis of our institutions! What an absurdity does not a mere statement of the fact present?

I.7.2

Has any citizen, rich or poor, the least idea of the amount which he annually pays for the support of the government? The thing is impossible. No arithmetician, not even Babbit with his calculating machine, could compute the sum. He pays a tax on every article of clothing he wears, on every morsel of food he eats, on the fuel that warms him in winter, on the light which cheers his home in the evening, on the implements of his industry, on the amusements which recreate his leisure. There is scarcely an article produced by human labour or ingenuity which does not bear a tax for the support of one of the three governments under which every individual lives.

I.7.3

We have heretofore expressed the hope, and most cordially do we repeat it, that the day will yet come when we shall see the open and honest system of direct taxation resorted to. It is the only democratic system. It is the only method of taxation by which the people can know how much their government costs them. It is the only method which does not give the lie to the great principle on which we profess to have established all our political institutions. It is the only method, moreover, in consonance with the doctrines of that magnificent science, which, the twin-sister, as it were, of democracy, is destined to make this country the pride and wonder of the earth.

I.7.4

There are many evils which almost necessarily flow from our complicated system of indirect taxation. In the first place, taxes fall on the people very unequally. In the second place, it gives rise to the creation of a host of useless officers, and there is no circumstance which exercises such a vitiating and demoralizing influence on politics, as the converting of elections into a strife of opposite parties for place instead of principles. Another bad effect of the system is that it strengthens the government at the expense of the rights of the people, induces it to extend its powers to objects which were not contemplated in its original institution, and renders it every year less and less subject to the popular will. The tendency of the system is to build up and foster monopolies of various kinds, and to impose all sorts of restrictions on those pursuits which should be left wholly to the control of the laws of trade. We are well satisfied, and have long been so, that the only way to preserve economy in government, to limit it to its legitimate purposes, and to keep aroused the necessary degree of vigilance on the part of the people, is by having that government dependent for its subsistence on a direct tax on property.

I.7.5

If the fundamental principle of democracy is not a cheat and a mockery, a mere phrase of flattery, invented to gull the people—if it is really true that popular intelligence and virtue are the true source of all political power and the true basis of Government—if these positions are admitted, we can conceive no possible objection to a system of direct taxation which at all counterbalances any of the many important and grave considerations that may be urged in its favour.

I.7.6

For our own part, we profess ourselves to be democrats in the fullest and largest sense of the word. We are for free trade and equal rights. We are for a strictly popular Government. We have none of those fears, which some of our writers, copying the slang of the English aristocrats, profess to entertain of an "unbalanced democracy." We believe when government in this country shall be a true reflection of public sentiment; when its duties shall be strictly confined to its only legitimate ends, the equal protection of the whole community in life, person, and property; when all restrictions on trade shall be abolished, and when the funds necessary for the support of the government and the defence of the country are derived directly from taxation on property—we believe when these objects are brought about, we shall then present to the admiration of the world a nation founded as the hills, free as the air, and prosperous as a fruitful soil, a genial climate, and industry, enterprise, temperance and intelligence can render us.

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THE COURSE OF THE EVENING POST

I.8.0

Evening Post, May 18, 1835. Title added by Sedgwick.

I.8.1

Saturday last was the semi-annual dividend day of this office. It is presumed that a majority of the subscribers of the Evening Post feel sufficient interest in its prosperity to justify our adverting, for a single moment, and in the most general terms, to the private affairs of this office. It is with satisfaction, then, we have it in our power to state, that the business of our establishment, during the past six months, has been flourishing and profitable, and was never more thoroughly and soundly prosperous than at the present moment. The number of subscribers to our journal is larger than at any previous period; the amount received for advertising is undiminished; and the total receipts of the establishment greater than they ever were before.

I.8.2

This result is exceedingly gratifying to us for considerations of a higher kind than those which merely relate to the success of our private business. It furnishes us with an evidence of the public sentiment in relation to those cardinal principles of democratic government which this journal, for a long time past, has laboured zealously to propagate and defend. That evidence is in our favour, and animates us to fresh exertions. We start afresh, then, from this resting-place on our editorial road, invigorated with renewed confidence of ultimately attaining the goal for which we strive, the reward for which we toil, the victory for which we struggle—the establishment of the great principle of Equal Rights as, in all things, the perpetual guide and invariable rule of legislation.

I.8.3

It is now about two years since the Evening Post—having at length seen successfully accomplished one of the great objects for which it had long and perseveringly striven, namely, the principles of free-trade in respect of our foreign commerce—turned its attention to a kindered subject, of equal magnitude, in our domestic policy, and began the struggle which it has ever since maintained in favour of the principles of economic science, as they relate to the internal and local legislation of the country. We had long seen with the deepest regret that the democracy, unmindful of the fundamental axiom of their political faith, had adopted a system of laws, the inevitable tendency of which would be to build up privileged classes and depress the great body of the community. We saw that trade, not left in the slightest respect to the salutary operation of its own laws, had been tied up and hampered in every limb and muscle by arbitrary and unjust statutes; that these restrictions furnished employment for an almost innumerous army of office-holders; and that the phalanx of placemen was yearly augmented by the multiplication of unequal and oppressive restrictions and prohibitions on the body politic. We could not help seeing, also, that this multitude of unnecessary public offices, to be disposed by the Government, was exercising a most vitiating influence on politics, and was constantly degrading, more and more, what should be a conflict of unbiassed opinion, into an angry warfare of heated and selfish partisans, struggling for place.

I.8.4

But besides the various and almost countless restrictions on trade, for the support of a useless army of public stipendiaries, we saw our State Governments vieing with each other in dispensing to favoured knots of citizens trading privileges and immunities which were withheld from the great body of the community. And to such an extent was this partial legislation carried, that in some instances, a State Government, not content with giving to a particular set of men valuable exclusive privileges, to endure for a long term of years, also pledged the property of the whole people, as the security for funds which it raised, to lend again, on easy terms, to the favoured few it had already elevated into a privileged order. These things seemed to us to be so palpable a violation of the plainest principles of equal justice, that we felt imperatively called upon to make them objects of attack.

I.8.5

Of all the privileges which the States were lavishing on sets of men, however, those seemed the most dangerous which conferred banking powers; authorized them to coin a worthless substitute for gold and silver; to circulate it as real money; and thus enter into competition with the General Government of the United States, in one of the highest and most important of its exclusive functions. There was no end to the evils and disorders which this daring violation of the fundamental principle of democratic doctrine was continually occasioning. It was placing the measure of value (the most important of all measures) in the hands of speculators, to be extended or contracted to answer their own selfish views or the suggestions of their folly. It was subjecting the community to continual fluctuations of prices, now raising every article to the extremest height of the scale, and now depressing it to the bottom. It was unsettling the foundations of private right, diversifying the time with seasons of preternatural prosperity and severe distress, shaking public faith, exciting a spirit of wild speculation, and demoralizing and vitiating the whole tone of popular sentiment and character. It was every day adding to the wealth and power of the few by extortions wrung from the hard hands of toil; and every day increasing the numbers and depressing the condition of the labouring poor.

I.8.6

This was the state of things to reform which, after the completion of the tariff compromise, seemed to us an object that demanded our most strenuous efforts. We have consequently sought to draw public attention to the fact that the great principle on which our whole system of government is founded, the principle of Equal Rights, has been grossly departed from. We have sought to show them that all legislative restrictions on trade operate as unjust and unequal taxes on the people, place dangerous powers in the hands of the Government, diminish the efficiency of popular suffrage, and render it more difficult for popular sentiment to work salutary reforms. We have sought to illustrate the radical impropriety of all legislative grants of exclusive or partial privileges, and the peculiar impropriety and various evil consequences of exclusive banking privileges. We have striven to show that all the proper and legitimate ends of Government interference might easily be accomplished by general laws, of equal operation on all. In doing this, we necessarily aroused bitter and powerful hostility. We necessarily assailed the interests of the privileged orders, and endangered the schemes of those who were seeking privileges. We combated long rooted prejudices, and aroused selfish passions. In the midst of the clamour which our opinions provoked, and the misrepresentations with which they have been met, to find that our journal has not merely been sustained, but raised to a higher pitch of prosperity, is certainly a result calculated to afford us the liveliest pleasure, independent altogether of considerations of private gain. We look on it as a manifestation that the great body of the democracy are true to the fundamental principles of their political doctrine; that they are opposed to all legislation which violates the equal rights of the community; that they are enemies of those aristocratic institutions which bestow privileges on one portion of society that are withheld from the others, and tend gradually but surely to change the whole structure of our system of Government.

I.8.7

Animated anew by this gratifying assurance that the people approve the general course of our journal, we shall pursue with ardor the line we have marked out, and trust the day is not distant when the doctrines we maintain will become the governing principles of our party.

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