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AMERICA
COMPARED WITH ENGLAND.
THE RESPECTIVE SOCIAL EFFECTS OF THE AMERICAN AND ENGLISH SYSTEMS OF GOVERNMENT
AND LEGISLATION;
AND
THE MISSION OF DEMOCRACY.
"LIBERTY, EQUALITY, FRATERNITY."
LONDON:
EFFINGHAM WILSON, ROYAL EXCHANGE.
CONTENTS.
CHAPTER I.
THE CONSTITUTIONS AND GOVERNMENTS OF THE SEVERAL STATES.
I. Continually increasing number of the States-Each State is a distinct Re-
public-For what purposes they are united-The respective powers of
the several Republics and of the Confederation-The Federal Constitution
its general character-Compared with the new German Confederation.
II. How the constitution of a State is formed-Government of a territory before
it becomes a State-The constitutions and governments of the several
colonies before the revolution
III. Differences between the present Constitutions, Governments, and Laws of
the various States-Progress of Democracy-The Constitution of the
State of Ohio described by way of example
IV. The object of a written Constitution-How a Constitution may be amended
-How the Legislative body is chosen in Ohio
V. Remarks on annual elections and vote by ballot
VI. The Executive
Page
1
2
3
4
6
7
VII. The Judiciary System compared with that of England-The Administra-
tion of Justice.
VIII. The Militia-Local Self-Government
9
IX. The Fundamental Rights reserved and guaranteed by the Constitution of
Ohio-Remarks on the violation of these rights in England
10
CHAPTER II.
THE CONSTITUTIONS AND GOVERNMENTS OF THE SEVERAL STATES
(CONTINUED).
I. Comparison between the Constitution of Ohio and the Constitutions of other
States-Sedition Laws in the Slave States-The Electoral Franchise-
Reform of the old Constitutions, and introduction of Universal Suffrage-
Property Qualification for Representatives - -The various Judiciary
Systems
II. The Election of the Judges directly by the people every two or three years
-Whether this may not dispense with the necessity for Trial by Jury.
III. Composition of the Legislative Body in the thirty different States-The
Executive Power in the various States
IV. Tendency of the more modern Constitutions in this respect-Expediency of
leaving the people to elect directly the principal office-holders, judges, &c.
V. The new Constitution for the State of New York
VI. Remarks on the American Electoral System-Universal Suffrage and
Annual Elections
VII. Equal Electoral Districts
15
16
17
18
19
27
VIII. Property Qualification for Members
IX. Voting by Ballot .
X. Payment of Representatives-Mode of conducting Elections-Remarks on
the English System-The recent adoption of the American System in
Europe
CHAPTER III.
THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES.
I. How it was formed-Its object and general character
II. The Legislative Power-The House of Representatives, how elected and paid 33
III. The Senate, how chosen, for what time
32
33
IV. Various provisions in the Constitution, designed to preserve the separate
nationality of the various States-Counteracting Provisions and Com-
promise of Principles.
34
V. The Executive-The President, how chosen-Qualification-Powers and
Duties
VI. Remarks on the Respective powers of the President, Senate, and House of
Representatives
VII. The Powers of Congress
VIII. Express limitations of its powers
IX. Limitations of the Powers of the States
X. The Federal Judiciary
XI. Miscellaneous Provisions in the Constitution
XII. Remarks on the Constitution of the United States-Its capacity to embrace
an extensive territory-Probable Change of the Constitution-Conse-
quences of the unequal representation of the people of the whole Union
in the Senate-Reduction of the Power of the President-Whether he
and his Ministers should be chosen by the two Houses, and removed at
pleasure-Propriety of increasing the Power of Congress
CHAPTER IV.
THE CHARACTER OF AMERICAN LEGISLATION AND GOVERNMENT.
I. The Statute Law of Congress and of the States: its brevity and clearness-
General acquaintance of the people with the Laws-Codification-Abo-
lition of Entails and Primogeniture-Laws respecting Land Tenures
II. Laws for providing Gratuitous Education-Equality at School-Public
Libraries-Vast results of general Education in America-Contrasted
with England
38
41
42
III. Laws for the simplification of the Transfer of Land-Register of Deeds-
American system of Conveyancing contrasted with the English
43
IV. Its adaptation to England-What would be its effects
45
V. Judicial Sales of Land in America-Partitions-Sales of Lands by Guar-
dians, Executors, &c.
47
VI. Advantages derived from the easy Transfer of Land-What would be its
effects in England .
48
CHAPTER V.
THE ADMINISTRATION OF JUSTICE IN AMERICA AND ENGLAND COMPARED.
I. General character of the Administration of Justice in America-Civil
Actions in England-English Law Courts-Appeals in Criminal Cases-
Courts of Quarter Sessions-AllAristocrats are Judges-Their character
and conduct-The English Criminal Code-The Game Laws, how enforced 51
II. Small Debts, how recovered until lately-The new County Courts com-
pared with American Inferior Courts-English and American Chancery
Courts compared-English Ecclesiastical Courts-Divorces, how ob-
tained in England and America
III. Administration of Justice in Criminal Cases in America-Public Prose-
cutors-Convictions for Petty Offences in England; Rigour of the Law;
Heavy Costs-Treatment of Prisoners in America and England-Effects
of the system of administering Justice upon the character of the people
-Defects in the American Judiciary Systems
IV. Proposed Judiciary System for England
V. Codification-Social results of Law Reform-The Offices attached to the
English Courts
56
VI. American Law of Debtor and Creditor; Property exempted from Execution
-Practical Exemption of Land from Execution in England-Distraints
for Rent.
CHAPTER VI.
57
THE ADMINISTRATION OF JUSTICE IN AMERICA AND ENGLAND COMPARED
I. Salaries of English and American Judges compared-The Officers of the
American and English Courts compared
.
II. The Exclusive Privileges of Attorneys, Conveyancers, and Barristers-The
late Constitution of New York on this subject-English and American
Lawyers compared
III. The English Chancery
61
IV. How the due performance of the Duties of Executors, Trustees, &c., is
secured in America-Law of Lunacy
V. The Boasting of English Writers on the Administration of Justice-Poli-
tical Addresses of the Judges
VI. Administration of Justice in Ireland
VII. Law Reforms proposed by Lord Brougham-Their Insufficiency
CHAPTER VII.
THE SYSTEMS OF LOCAL AND GENERAL TAXATION IN AMERICA AND
ENGLAND COMPARED.
I. How the Revenue for the Union is raised-The different Systems of Taxa-
tion in the various States-The State Debts-The Canals, &c., belonging
to the States-Remarks on English Railways being Private Property in
perpetuity-Taxes in American and English Cities compared-American
Taxes for Education
69
II. Effect of Taxes on Real Property-The English Tithe-commutation Rent-
charge, Land Tax and Parochial Rates-Their effects
70
III. Proposed System of Taxation for England-Objections to an Income Tax---
The Character of the present System of Taxation in England
72
CHAPTER VIII.
ENGLAND COMPARED (CONTINUED).
I. Taxes upon Real Estate in America-Local Taxes-Rigid Economy,
and its Evil Consequences-Probable Future Remedy of the Evil-
Taxation for the Relief of the Poor in England and America compared
-The Effects of Poor Laws
74