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.

Page

1. 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 Feleral 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 . . . . . . . . . . . . . . . . . .

VII. The Judiciary System compared with that of England-The Administra-

tion of Justice . . . . . . . . . . . . . . . . . .

VIII. The Militia—Local Self-Government . . . . . . . . . . . .

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.

y. 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 ....

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27

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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.

1. How it was formed-Its object and general character . . . . .

II. The Legislative Power-The House of Representatives, how elected and paid

III. The Senate, how chosen, for what time.

IV. Various provisions in the Constitution, designed to preserve the separate

nationality of the various States-Counteracting Provisions and Com-

promise of Principles . . . . . . . . . . . . . . .

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 . . . . . . . . . . . . . .

III. Laws for the simplification of the Transfer of Land-Register of Deeds-

American system of Conveyancing contrasted with the English. ...

IV. Its adaptation to England - What would be its effects . . . . . .

V. Judicial Sales of Land in America-Partitions--Sales of Lands by Guar-

dians, Executors, &c. . . . . . . . . . . . .

VI. Advantages derived from the easy Transfer of Land-What would be its

effects in England . . . . . . . . . . . . . . . .

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

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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. . . . . . . . . . . . . 53

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 . . . . . . . . . . . . . . .

VI. American Law of Debtor and Creditor; Property exempted from Execution

-Practical Exemption of Land from Execution in England-Distraints

for Rent . ·
·

· 57

CHAPTER VI.

THE ADMINISTRATION OF JUSTICE IN AMERICA AND ENGLAND COMPARED

(CONTINUED).

I. Salaries of English and American Judges compared–The Officers of the

American and English Courts compared . . . . . . . . . . 59

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 . . . . . . . . . . . . . . . .

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.

1. 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 ....

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.

THE SYSTEMS OF LOCAL AND GENERAL TAXATION IN AMERICA AND

ENGLAND COMPARED (CONTINUED).

1. 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 . . . . . . . . . . . . .