Democratick Editorials: Essays in Jacksonian Political Economy
The Principles of Free Trade
Evening Post, November 20, 1834. Title added by Sedgwick; Roman numeral added.
The Times has favoured us with a confession of faith on the subject of monopolies, and if its preaching were in accordance with its creed, there would be little ground of dispute, for it would seem by this that there is no great difference between us on general principles. The Times says:
"The Post is against all monopolies—so are we. The Post is for Equal Rights—so are we. The Post is for the suppression of small notes, and a reform of our banking system—so are we, for the last because it is needed, and for the first because the notes are an evil, and their extinction is essential to the success of one of our most important measures of public policy, the substitution of a specie currency. The Post is against legislating for the benefit of individuals, to the disadvantage or exclusion of others—so are we, and in this and on all these points, the party agrees with us."
So far, so good. We shall pass by the twaddle about "the party agreeing with us," which is mere harmless impertinence and coxcombry not worth reply. We shall pass by, too, the satisfactory and lucid reason stated by the Times for being in favour of "a reform of our banking system." We gather, then, from this confession of faith that the Times is opposed to all monopolies, is in favour of equal rights, believes that small bank-notes should be suppressed, the banking system reformed, and legislation for individuals, to the disadvantage or exclusion of others, should cease. One might naturally infer from all this that there is no real ground of controversy between us, and that, like many other disputants, we have been arguing about nothing. But when the Times comes to explain itself, we find, notwithstanding the apparent agreement in our premises, that we differ very widely in our conclusions. It is against all monopolies in the abstract, but for them in the concrete. It is opposed to charters of incorporation in general, but advocates them in particular. It is in short against exclusive privileges as monopolies, but in favour of them as means of effecting "great objects of public utility," "developing vast resources," "stimulating industry," and so forth, which is only a repetition of the stale cant which has been used, time out of mind, by those who desired to cheat the people out of their rights for their own selfish ends.
The Times is pleased to say that we ride the doctrine of monopolies as a hobby. We might retort by saying that the Times rides it only for convenience, and just as it suits its purposes. It is "ride and tie" with it. One moment it is on horseback, pricking its ambling steed along; the next it dismounts and turns him loose to graze on the common. For ourselves, we have only to say, that if opposition to monopolies, in every form and under every disguise, is our hobby, it is because we honestly believe them to be the most sly and dangerous enemies to the general prosperity that ever were devised by ingenious cupidity. It is on this ground we have opposed them earnestly—it is on this ground we mean to oppose them, with all our ability, until the evil is arrested, or we become convinced that opposition is vain.
Though the Times professes to agree with us in the opinion that all monopolies are infringements upon the equal rights of the people, and therefore at war with the spirit of our government and institutions, it differs widely with us in its definition. It separates monopolies from corporations, and its idea seems to be that monopolies must be entirely exclusive, or they are not monopolies. There are degrees of virtue and of vice; there are degrees in every thing; but according to the Times there are none in the nature and extent of monopolies. These consist in extremes, and have no medium.
Among its exceptions are railroad incorporations, which it does not consider as belonging to the great family of monopolies. It acknowledges that a railroad may be a monopoly—"a speculation for the profit of individuals, not required by, nor likely to promote the public interest;" but, on the other hand, to meet this case, it supposes another, in order to show that a railroad company may be incorporated without creating a monopoly. Extreme cases are but poor arguments; since by carrying any right or principle to an extreme, it may be made to appear vicious and unjust. But let us examine the supposititious case which the Times has manufactured to justify its insidious advocacy of monopolies. We copy the whole passage:
"Suppose Grand Island to be inhabited by twenty people, and that their only ferry is at one end of the island. Suppose that they have no good road, and that they want a railway to transport their produce from their farms down to the ferry. No one of them is rich enough to make it, but the whole together can, provided they have an act of incorporation for the management of the joint funds, and the direction of the work. Suppose the Post to be the legislature, and that these twenty isolated proprietors apply for a charter: how would the Post reply? It would say, "there is certainly nobody concerned in this matter but yourselves, and the work would benefit you vastly, but if no one of you is wealthy enough to construct it, you must do without—you cannot have a charter, for I oppose monopolies, and every act of incorporation is a monopoly!"
This is all very smart and very convincing, and we only wonder that the Times did not discover that it had trumped up a case which has no application whatever to the matter in dispute. The twenty inhabitants of Grand Island, according to the case here put, constituted a complete community, having one common interest in the contemplated railroad, and all sharing equally in its advantages. They are, so far as respects this question, a whole people, and being thus united in one common bond of interest, the rights of no one of them would be impaired by the whole body being incorporated for any common object. This supposititious act of incorporation bears a strong analogy to the very measure of legislation which we yesterday spoke of as the proper means of effecting those objects which are now attained by partial and unequal laws. Instead of Grand Island, let us read the State of New York; and instead of an act of incorporation for a specific purpose including the whole population, let us suppose a law applicable to all purposes for which charters could be asked, under which any set of individuals might associate, and we have at once, a remedy for the evils of exclusive charters—we establish a system under which monopolies cannot exist.
But let us look a little closer at the railroad incorporation which the Times wishes to bestow on the twenty inhabitants on Grand Island. It is within the compass of possibilities that the population of Grand Island, particularly after "their resources should be developed," and "their industry stimulated," by an act of incorporation, might be increased by emigration [sic], or in some other way. As the charter was conferred exclusively on the twenty original inhabitants, we suppose the new comers would be denied the benefits of the railroad, unless they paid a toll, or contributed an equal proportion with the original proprietors. Would not this railroad at once become a monopoly, and as such be open to all the objections to corporations of this kind?
But we are fighting shadows. Communities cannot be incorporated except under laws equally applicable to all their members; and the idea of giving society at large exclusive privileges is an absurdity. A law which is general in its operation cannot confer exclusive privileges. The fiction of a whole community requiring an act of incorporation to accomplish an object of public utility is equally fanciful and original.
The Times further maintains that the Evening Post is an enemy to every species of internal improvement, and that the position it has taken would exclude them altogether. The Post, it says, will allow no rich man to make a road because the Post upholds equal rights, and will not permit corporate bodies to do it; of course the people must go without roads. Now all this is gratuitous assumption both of facts and consequences.
There is no necessity for either the rich man or the corporate company to make roads. The people will do it themselves; their own wants and convenience will impel them; and as their requirements and means increase, their modes of conveyance will advance accordingly. A rich man may hold all the property through which a road is to pass—but what of that? He cannot impose upon the people by making them pay to pass through it. The general law of the land points out the uniform mode of proceeding. He is remunerated by being paid the fair amount of his injury, and taxed his full share of the advantages derived from the improvement. There is here no monopoly, and there is no oppression, because every man's property is liable to similar contingencies.
But in order to justify this great system of monopoly in disguise, it is the fashion to proclaim from the housetops that communities can do nothing in their combined capacity, and that general laws are insufficient for nearly every purpose whatever. We have special laws and contrivances interfering with and infringing the common rights of individuals. We must have societies of all kinds, for every special purpose, and corporate bodies of every name and device, to do what ought not to be done, or what the community can well dispense with, or what they could as well do for themselves. Nations, states, and cities can do nothing now-a-days, without the agency of monopolies and exclusive privileges. Nor can individuals "beneficially employ capital," unless they are inspired by an act of the legislature, and a prospect of exorbitant profits, such is "the progress of the age and the march of intellect."
We need not say again that we are not an enemy of public improvements—such as are equally beneficial to the whole of that community which bears an equal proportion of the expense which they cost. But we are for putting such improvements on the footing of county roads and other municipal undertakings. The people who are to be exclusively benefitted may make them if they please, and if they do not please they may let it alone. In our opinion it is paying at too dear a rate for quick travelling through New-Jersey to purchase it at the price of depriving the citizens of that state, not members of a certain railroad company, of the right to make another railroad from New-York to Philadelphia. By such a system of legislation, the sovereign people of a whole state are deprived of their equal rights.
But it is our custom to treat all great political subjects on broad and general principles, from which alone general conclusions can be derived. A superficial or partial comparison of the advantages and disadvantages of a certain course of legislation furnishes a poor criterion from which to strike the balance; because it is wholly impossible for the ripest experience, aided by the most sagacious intellect to see and weigh everything connected with the subject of discussion. We must resort to general principles.
The question between the Times and the Evening Post, then, is not whether an act of incorporation may not be passed by a legislative body from the purest motives of public good, nor whether the public good may not in some instances be promoted by such an act. The true question is whether all history, all experience, nay, the very nature of man, does not support the position that this power of granting privileges, either wholly or partially exclusive, is not one that has always led, and, as we have thence a right to infer, will always lead, not only to corruption and abuse, but to either open or secret infringements of the sanctity of Equal Rights? This is the only question worthy of a high-minded and patriotic politician. It is not whether the practice may not occasionally lead to public, or social, or individual benefit; but whether it has not in the past been made, and whether it will not in the future be made again, the fruitful source of those inequalities in human condition—those extremes of wealth and poverty, so uniformly fatal to the liberties of mankind.
Our pen has been often employed, and we trust not wholly without effect, in pointing out and illustrating the evil consequences of this system of bartering away the reserved rights of the great mass of the community, in exchange for public bonusses and private douceurs, either direct or indirect, or in furtherance of political views. This system has deranged the whole organization of society, destroyed its equilibrium, and metamorphosed a government the fundamental principle of which is equal rights to every free citizen, to one of EQUAL WRONGS to every class that does not directly share in its monopolies.
We neither wish to pull down the rich, nor to bolster them up by partial laws, beneficial to them alone, and injurious to all besides. We have repeated, again and again, that all we desire is, that the property of the rich may be placed on the same footing with the labours of the poor. We do not incorporate the different classes of tradesmen, to enable them to dictate to their employers the rate of their wages; we do not incorporate the farmers to enable them to establish a price for their products; and why then should we incorporate moneyed men (or men having only their wits for a capital) with privileges and powers that enable them to control the value of the poor man's labour, and not only the products of the land, but even the land itself?
If the Times will answer these questions, we are willing to discuss the subject, step by step, in all its important relations. But if it shall continue to lay down positions but to explain them away, like the boy who blows a bubble only for the pleasure of dissipating it by a breath, we shall not feel bound to pursue the subject in a controversial form. The weathercock must remain stationary for at least a moment, before we can tell which way the wind blows. The ship which, without rudder or compass, yaws and heaves about, the sport of every impulse of the elements, can scarcely be followed in her devious course by the most skilful navigator.
"A LITTLE FREE-TRADE CRAZY"
Evening Post, December 13, 1834. Title added.
It gives us pleasure to perceive that the doctrines advanced by this paper, on the subject of corporate powers, have alarmed the monopolists, and that the number of our opponents is increasing. Secure in the correctness of the principle we maintain, and relying, with unlimited confidence, on the intelligence and honesty of the great body of the people, we desire only that the important question now before them should be freely and fully discussed; and shall abide the issue in the perfect assurance that it will add another and glorious triumph to the cause of Equal Rights. If the people could be deluded by the sophistry, or won by the exhortations, or swayed by the preponderance of numbers of editorial opponents of the political and politico-economical doctrines which we assert, their recent verdict through the ballot-boxes would have been a very different one from that which they happily pronounced; for it cannot be denied that, so far as the press is concerned, the odds are greatly on the side of the aristocracy. But the people judged for themselves; they could not be driven like cattle to the shambles. They cannot be driven now, but will judge for themselves again, with equal firmness and sagacity, and it is therefore we are gratified that new advocates of exclusive privileges are starting up, since their efforts in behalf of corporations will but furnish an occasion of displaying the subject in all its bearings, and showing the dangerous character of monopoly in all the disguises with which the subtle spirit of cupidity and aristocracy has arrayed it.
The Journal of Commerce thinks we are getting "a little free-trade crazy." If this is so, we shall at least have the company, in our lunacy, of some of the soundest thinkers and purest and most prudent men in our country. The malady, moreover, is spreading and we should not be surprised if the Journal of Commerce itself should be touched before long. The extension of the views entertained by the editor of that paper, on the subject of political economy, from their present limits to those which bound our own theory, would not, at any rate, be a greater change, than their reformation from the heresies of the protective system to those free-trade principles in what relates to foreign commerce which they have since ably advocated. In alluding to their former opinions we do not know but we touch on personal matters, but we do so in all courtesy, and with no thought to charge, or imply, that the conversion was not sincere and the result of careful and enlightened investigation. But in view of the fact that their sentiments on important questions have changed and are changing, and that doctrines are considered sound by them to-day which a little while ago they deemed heterodox, we should think they might have chosen a softer word to express their opinion of our fallacy than that they have thought proper to use. Assertion, however, is not argument, and the uncourteous dictum, unsupported by argument, can have no greater effect than to provoke "the fool's loud laugh."
The Journal of Commerce says, "The Post insists that all acts of incorporation, whether for Banks, Roads, Insurance Companies, or any thing else, are opposed to sound principles of political economy. We have not so learned free trade, and we do not think the Post has found its doctrines in any of the books." It is not only, nor even mainly, on the ground of political economy, that we oppose the principle of corporations, but, in a larger measure, on the broad and important political ground that it is hostile to the great democratic principle of Equal Rights. It is a happy thing for the destinies of this young and vigorous republic, that the fundamental principle of our Government is likewise the fundamental principle of political economy; and that, therefore, they who are fighting the great battle in defence of the political rights of man, are at the same time endeavouring to establish that noble science, the ignorance of whose truths and the violation of whose doctrines have been a prolific source of the burdens and oppressions under which the people of Europe groan.
They who read the pages of history with thinking eyes, will perceive that to the interference of Government with the private pursuits of individuals; to the granting of exclusive privileges to one body of citizens, and placing burdensome restrictions on others; to the giving a stimulating bounty here, and imposing a prohibitory duty there; to the withholding from whole communities the right to employ their capital or labour in a particular channel of industry, and conferring a monopoly of that privilege on some single one as a token of favour, or selling it to hide as an article of traffic—that to these, and a thousand similar violations of the principles of political economy, is to be ascribed much, very much of the misery with which the groaning nation of king-governed Europe is filled. It is there monopolies and exclusive privileges which have produced that deplorable inequality, which is the most striking characteristic of the population of Europe. It is these monopolies which have poured a mine of wealth into the coffers of the few, and stolen the last farthing from the pockets of the many. It is these which have built up lordly factories, and filled them with squalled operatives; that have extended magnificent enclosures around vast estates, and cultivated them with the toil of hired hands, who once were free-holders; that have torn down multitudes of cottages, to build one gorgeous palace in their stead; that have made a vast army and navy necessary to force the fabrics of overgrown monopolies on rival nations; that have created an enormous national debt; that have inundated the land with paper promises instead of money; and that have filled the brothels, workhouses, and prisons with prostitution, wretchedness and crime.
This is not a too highly coloured picture of the evils which Europe has brought upon herself by monopolies. The truth is rather underrated than exaggerated. Of the monopolies which have produced these disastrous effects, that of incorporations has not been the least instrumental. The Journal of Commerce thinks we do not find this doctrine "in any of the books." But if it will look into the English statute books it will find abundant proof of what we assert. It will find that they are full of laws erecting the members of every trade and calling into corporations, and granting them "privileges" by the most arbitrary restrictions. It will find that they limit the number of apprentices, fix the term of service, impose fines upon all persons exercising their calling without becoming members of the corporation, and exacting a heavy price for that privilege. If it is too tedious a task for the Journal of Commerce to pursue the investigation in that channel, let it go no further than the pages of Adam Smith. It will there find the evils of corporations set forth by a master-hand—a hand which dealt not in flourishes, but confined his sober pen to such facts, and such arguments, that his immortal work has already, in many important respects, revolutionized the policy of the world. It will find that illustrious writer sets himself sternly against the species of monopoly which the Journal of Commerce defends. Speaking of the inequalities of human condition occasioned by the policy of Europe, he says, "the exclusive privileges of corporations are the principle means it makes use of for this purpose;" and, in another place, he remarks, that "the pretence that corporations are necessary for the better government of trade is without any foundation." There are certain cases, it is true, in which he admits that charters of incorporation may be useful, but these are exceptions to his rule, and violations of his theory.
But suppose we had not found our doctrine "in the books." Does it thence follow that it is unsound! There is another thing we have not "found in the books," which the Journal of Commerce must allow has an important bearing on the question. We have not found a precedent of a government erected on the principle of Equal Rights—a government where the people rule—where the beggar and the millionary have an equal voice in public affairs, and where the aristocrat, descending from his carriage at the polls, may meet his coachman at the ballot-boxes, and see him, in the exercise of equal freedom of opinion, deposite a suffrage that may neutralise his own.
Had Adam Smith lived in our day and our country, he, too, we apprehend, would have become "a little free-trade crazy," or at least his sanity would probably have been called in question by certain journalists. He would have looked upon our country, as a kindred spirit, Jean Baptist[e] Say, has looked upon it, and would have asked, as that great political economist has asked, "Where should we expect sound doctrines to be better received, than amongst a nation that supports and illustrates the value of free principles by the most striking examples. The old states of Europe are cankered with prejudices; it is America will teach them the height of prosperity which may be reached, when governments follow the counsels of reason and do not cost too much."*65
But it was the fortune of Adam Smith to draw his breath in a land where the very light of heaven is taxed to swell the resources of its unwieldy government; where deep-rooted monopolies waved their upas branches on every side of him; where the principle of exclusive privileges is interwoven with every fibre of the political fabric, where a king governs by "divine right," and where the people have no rights at all, except such as have been graciously conceded to them by their heaven-favoured rulers. His spirit, though cabined, cribbed, confined by such aristocratic bounds, yet burst from them, and taught a lesson of freedom which mankind will never forget. They listened not to him then. He spoke in a strange language and men understood him not; his voice was drowned in the interested clamour of monopolists, and they heard him not. But his teachings sunk deeply into some hearts. His words did not pass away. His precepts are now performing their mighty work. The example of America is performing a still mightier work. He called from the vasty deep, which from time immemorial had rolled its sluggish and oblivious waves over Europe, a spirit which is teaching to mankind the true way to national wealth. The fathers of our country broke the spell that bound a sister but more powerful spirit, which, first redeeming our own land from thraldom, is now teaching to all the world the way to national freedom. These spirits are the twin-assertors of the great principle of Equal Rights—equal rights in all that relates to capital and industry; equal rights in all that relates to government. It is for this country to join their lessons, and enjoy, to the fullest extent, the two-fold blessing.
Notes for this chapter
See preface to the American edition of Say's Political Economy.
End of Notes
ASYLUM FOR INSANE PAUPERS
Evening Post, November 28, 1834. Title added by Sedgwick.
We have received a copy of a circular letter on the subject of a recommendation made by Governor Marcy to the Legislature, at its last session, that an Asylum for Insane Paupers should be erected, at the expense of the State. A select committee was charged with the subject, which reported favourably on the project; but the legislature adjourned without acting upon it. We trust they will adjourn again without acting affirmatively on any such scheme.
The taking care of the insane is no part of the business of the state government. The erecting of such an Asylum as is proposed, and the appointment of the various officers to superintend it, would be placing a good deal more power—where there is already too much—into the hands of the state executive, to be used honestly or corruptly, for good or evil, as these qualities should happen to predominate in his character, or as the temptations to use his official patronage for his own aggrandizement or profit might be strong or weak. We are continually suffering, under one pretence or other, these pilferings of power from the people.
The circular to which we have alluded appeals strongly to the sympathies of its readers. It presents a deplorable and harrowing picture of the miseries endured by insane paupers in the poor-houses of Massachusetts and New Hampshire, and intimates that their condition is no better in many counties of this state. If this is so, the evil ought to be investigated and remedied; but not in the method proposed, by the erection of a splendid state Asylum. The people ought not to suffer their judgment to be led away by their sympathies. They cannot be too jealous of the exercise of unnecessary powers by the state government. The nearer they keep all power to their own hands, and the more entirely under their own eyes, the more secure are they in their freedom and equal rights.
We would have destitute lunatics taken care of, but not under the charge or at the expense of the state government. It ought to be one of the leading objects of the democracy of this country for many years to come to diminish the power of the general and several state governments, not to increase it. On the subject of legislation for paupers they ought to be particularly vigilant. In nine cases out of ten, and we believe we might say ninety-nine out of a hundred, poor-laws make more poverty than they alleviate. If the reader has ever employed himself in tracing the history of the poor-laws in England, he will not require any proof of this assertion; if he has not, he could scarcely turn his thoughts to a subject more rife with matters of serious interest.
Lunatic paupers ought certainly to be taken care of. Both charity and self-protection require this. But we would remove this guardianship as far from government as possible. Each county should certainly provide for its own; each township would be better, and if it were practicable to narrow it down to the kindred of the insane persons, it would be better still. As a general rule, all public charities, except for the single purpose of promoting education, are founded on erroneous principles, and do infinitely more harm than good. See that the people are educated, and then leave every man to take care of himself and of those who have a natural claim on his protection. We have many large charities in this community, founded in the most amiable and benevolent motives, that annually add very largely to the sum of human misery, by ill-judged exertions to relieve it.
The picture of the wretched condition of lunatic paupers, as presented in the circular before us, is certainly very touching, but legislators must not be blinded by tears to the true and permanent interests of man. They must let their feelings of commiseration take counsel of the pauser judgment. They must look at the subject in all its bearings and aspects, before they saddle the people in their collective capacity with another tax, and place the revenue so instituted at the disposal of an executive officer, who may expend it with a view to advance his private ends.
We have said that the account given of the sufferings of these pauper lunatics is touching; yet it would be easy to draw as touching a picture, and as true too, of the sufferings of sane paupers. Indeed, with many, what a horrible aggravation to their sufferings their very sanity must be,
"Which but supplies a feeling to decay!"
The lunatics are by no means the most unhappy class of paupers, as a class. Insanity comes to many as a friend in their deepest affliction, to mitigate the tortures of a wounded spirit—to
Pluck from the memory a rooted sorrow;
Those who are sick and desolate; who have fallen from a high estate—fallen by their own folly, perhaps, and therefore experience the gnawings of remorse, or fallen in consequence of the ingratitude or treachery of others, may easily be supposed to experience keener anguish than the demented inmates of the same abode; since the worst pain man suffers has its seat in the mind, not in the body; and from that species of affliction the crazy are exempt. If this scheme of a grand state lunatic asylum should be carried into effect, we see no reason why next we should not have a grand state poor-house, for the reception of all paupers who had not lost their wits. Other large state charities would probably follow, and one abuse of government would step upon the heels of another. The system is all wrong from beginning to end. We are governed too much. Let the people take care of themselves and of their own sick and insane, each community for itself. Let them, above all things, be extremely cautious in surrendering power into the hands of the government, of any kind, or for any purpose whatever, for governments never surrender power to the people. What they get is theirs "to have and to hold," ay, and to exercise too, to the fullest extent, nor is it often got back from them, till their grasp is opened with the sword.
Our remarks are cursory and loose, perhaps, as this article has been written in the midst of more than usual interruptions. Let the reader not thence infer, however, that we have taken ground on this subject hastily; for such is not the fact. The plan recommended by Governor Marcy last winter, has frequently occupied our thoughts, and in every light in which we have viewed it has appeared to us to deserve the opposition of the democratic members of the legislature. We are for giving as few powers to government as possible, and as small an amount of patronage to dispense. Let the aristocracy advocate a strong government; we are for a strong people.
Evening Post, November 29, 1834. Title added by Sedgwick; Roman numeral added. Text abridged.
...[We] are surprised that the Journal of Commerce does not perceive that it makes no difference in the principle of the thing whether the stock of an incorporated Company is divided into fifty dollar shares, or five thousand dollar shares. Of whatever amount the subdivisions may be, but a small portion of the community can receive any at the original allotment, and but a small portion of them could receive any, if the Journal of Commerce's favourite plan of selling the shares by auction were adopted. When the pitcher is full it will hold no more; and when the shares were all apportioned or sold, disappointed applicants could not expect to get any. The corporation would then be a monopoly enjoyed by the successful applicants; and whether their number was five or five thousand, they would possess "exclusive privileges" nevertheless, and would be the beneficiaries of unequal legislation.
It is an error of the Journal of Commerce to say, that the practical operation of corporations is to "take privileges, which would otherwise be monopolized by the rich, and divide them into such small parts, that every one who has fifty dollars may be interested, upon equal terms of advantage with the most wealthy." In practice, the operation of the thing is quite the reverse. "Kissing goes by favour," in those operations. Large capitalists get all the stock they ask for, and poor men get but a part, if any, that they solicit. There are published lists of apportionments to which we can refer the Journal of Commerce. But the fact is notorious. And moreover, it is notorious, that this pretended division of stock has even much less of fairness and honesty about it than would seem by the face of things. Many of the applicants who get large apportionments are men of straw, mere catspaws, thrust forward to answer the purpose of some great capitalist, for whom the stock is really procured. We could name instances, if it were necessary. We have not come to this subject without being furnished with ample means of establishing our arguments. There is the very last bank that went into operation—was the stock of that incorporation divided to fifty dollar applicants? Is it not, on the contrary, a fact, that a controlling interest is in the hands of a single individual, who is represented by his puppets—we beg their pardon, his proxies—in the directory? Nor is that bank a solitary instance, as the Journal of Commerce well knows.
But if the argument were true, to the fullest extent, that "fifty dollar men" can become bankers, and life-insurers, and packet-owners, and so on, it would still not be a good argument in favour of special acts of incorporation for these several purposes; because these special acts would each embrace but a small portion of the community, and all special or partial legislation is, in its very nature, anti-republican and invasive of equal rights. Let capital and industry alone to find their own channels. This is the true principle to act upon. If any additional legislation is necessary, let it be legislation that shall embrace the whole body politic, and every variety of laudable enterprise. The "fifty dollar" argument of the Journal of Commerce might with much more propriety be put forward in support of a general law of joint stock partnerships, than in support of the everlasting iteration of special acts of incorporation, where every succeeding set of applicants are striving to get some privileges or advantages not conferred by previous charters, and, to effect their selfish and unjust ends, resorting to all the arts of collusion and corruption. Under a general law, not merely "fifty dollar men," but twenty dollar men, and one dollar men, might if they pleased place their means in the joint funds of an association to effect some great enterprise. Such a law would be the very measure to enable poor men to compete with rich. As it is, let the Journal of Commerce say what it may, acts of incorporation are chiefly procured by the rich and for the rich. What claims have your William Bards*66 or your Nathaniel Primes on the country, that our legislature should spend their time in making laws for their exclusive or particular advantage? Did we cast our suffrages into the ballot-boxes to select legislative factors for those men, or such men? Let them have their equal rights, but let them have no more.
The Journal of Commerce seems to think our reasoning involves a contradiction, because we oppose special acts of incorporations or monopolies, and yet would extend incorporations indefinitely. We have not said we would extend corporations indefinitely; yet if corporations were extended indefinitely, there would be no monopoly; since when every member of the community has precisely the same opportunities of employing capital and industry given to him by the laws which every other member has, there is no exclusive privilege, and no invasion of equal rights. But it is an error in terms to say that we advocate the indefinite extension of corporations, since the very nature of a corporation, is to be endowed with special privileges. We shall not dispute about words, however, if we can bring the Journal of Commerce to agree with us about principles. The act of incorporation, then, which we should desire to see passed, would be an act incorporating the whole population of the State of New York, for every possible lawful purpose to which money or human labour, or ingenuity, is ever applied, with a clause admitting to a full communion of the benefits of the body corporate, every individual who should at any future time become a member of the body politic.
Notes for this chapter
William Bard was president of the New York Life Insurance and Trust Company, chartered in 1830.—Ed.
End of Notes
Evening Post, December 4, 1834. Misdated by Sedgwick. Title added by Sedgwick. Extract and text abridged.
In the proceedings of the Board of Assistant Aldermen, on Monday evening last, as reported in the morning papers, and copied into this journal, there occurred the following passage:
"Assistant Alderman Tallmadge moved that the Board now take up the report of the special committee, relative to the relief of the surviving Revolutionary soldiers residing in the city and county of New-York.... He moved that one hundred dollars be paid out of the city treasury on the 1st January next, to every surviving officer and soldier of the revolution in the city and county of New-York, now receiving a pension, provided the number does not exceed one hundred. He accompanied it by an eloquent appeal, in which he showed, that while we are rejoicing at the victories of the revolution, we should not forget those in their old age who achieved them."
Let us reflect a moment what this proposition is which the Board of Assistant Aldermen have, with this single exception, unanimously adopted. Why to give away ten thousand dollars of the people's money to such of the revolutionary pensioners as reside in the city of New-York. Does not the plain good sense of every reader perceive that this is a monstrous abuse of the trust confided to our city legislators? Did we send them to represent us in the Common Council that they may squander away the city's treasures at such a lavish rate? Is it any part of their duty to make New-Year's presents? Have they any right under heaven to express their sympathy for the revolutionary pensioners at the city's cost? If they have, where is the warrant for it? Let them point their fingers to the clause in the city charter which authorizes them to lay taxes, that they may be expended again in bounties, rewards and largesses, to any class of men whatever.
Let no reader suppose that in making these remarks, we lack a proper appreciation of the eminent services rendered to this country, and to the cause of human liberty throughout the world, by those brave and heroic men who achieved our national independence. Doubtless many, very many of them, entered into that contest with no higher motives than animate the soldier in every contest, for whatsoever object undertaken—whether in defence of liberty or to destroy it. But the glorious result has spread a halo around all who had any share in achieving it, and they will go down together in history, to the latest hour of time, as a band of disinterested, exalted, incorruptible and invincible patriots. This is the light in which their sons, at least, the inheritors of their precious legacy of freedom, ought to view them; and they never, while a single hero of that band remains, can be exonerated from the obligations of gratitude which they owe. But we would not, on that account, authorize any usurpation of power by our public servants, under the pretence of showing the gratitude of the community to the time-worn veterans of the revolutionary war. Every man ought to be his own almoner, and not suffer those whom he has elected for far different purposes, to squander the funds of the public chest, at any rate, and on any object which may seem to them deserving of sympathy. The precedent is a wrong one, and is doubly wrong, inasmuch as the general regard for those for whose benefit this stretch of power is exerted, may lead men to overlook the true character of the unwarrantable assumption.
Let ten thousand—let fifty thousand dollars be given by our city to the revolutionary veterans who are closing their useful lives in the bosom of this community; but let it be given to them without an infringement of those sacred rights which they battled to establish. If the public feeling would authorize such a donation as Mr. Tallmadge exerted his "eloquence" in support of, that same feeling would prompt our citizens, each man for himself, to make a personal contribution towards a fund which should properly and nobly speak the gratitude of New-York towards the venerable patriots among them. But the tax-payer, who would liberally contribute to such an object, in a proper way, may very naturally object to Mr. Tallmadge thrusting his hand into his pocket, and forcing him to give for what and to whom that eloquent gentleman pleases. If the city owes an unliquidated amount, not of gratitude, but of money, to the revolutionary pensioners, let it be paid by the Common Council, and let Mr. Tallmadge be as eloquent as he pleases, or as he can be, in support of the appropriation. But beyond taking care of our persons and our property, the functions neither of our city government, nor of our state government, nor of our national government, extend. We hope to see the day when the people will jealously watch and indignantly punish every violation of this principle.
That what we have here written does not proceed from any motive other than that we have stated, we trust we need not assure our readers. That, above all, it does not proceed from any unkindness towards the remaining heroes of the revolution, must be very evident to all such as have any knowledge of the personal relations of the writer. Among those who would receive the benefit of Mr. Tallmadge's scheme is the venerable parent of him whose opinions are here expressed.*67 That parent, after a youth devoted to the service of his country, after a long life of unblemished honour, now, in the twilight of his age, and bending under the burden of fourscore years, is indebted to the tardy justice of his Government for much of the little light that cheers the evening of his eventful day. Wanting indeed should we be, therefore, in every sentiment of filial duty and love, if we could oppose this plan of a public donation, for any other than public and sufficient reasons. But viewing it as an attempt to exercise a power which the people never meant to confer upon their servants, we should be wanting in those qualities of which this donation is intended to express the sense of the community, if we did not oppose it. We trust the resolution will not pass the upper Board.
Notes for this chapter
Abraham Leggett, William's father, attained the rank of major in the revolutionary war.—Ed.
FREE FERRIES AND AN AGRARIAN LAW
End of Notes
JOINT-STOCK PARTNERSHIP LAW
Evening Post, December 30, 1834. Title added by Sedgwick.
The charters of several incorporated companies in this city are about to expire, and we have several times been asked if this paper, in pursuance of the doctrines we profess, would feel called upon to oppose the renewal of those charters. To this our answer is most unequivocally in the affirmative. We shall oppose, with all our might and zeal, the granting or renewing of any special charter of incorporation whatever, no matter who may be the applicants, or what the objects of the association.
But at the same time, we wish it to be distinctly understood, that we do not desire to break up those incorporated associations the charters of which are about to expire. How so? You would refuse to re-charter them, and thus they would inevitably be broken up. Not at all; as we shall explain.
It is not against the objects effected by incorporated companies that we contend; but simply against the false principle, politically and politico-economically, of special grants and privileges. Instead of renewing the charters of Insurance Companies, or any other companies, about to expire, or granting charters to new applicants, we would recommend the passing of one general law of joint stock partnerships, allowing any number of persons to associate for any object, (with one single temporary exception, which we shall state in the proper place) permitting them to sue and be sued under their partnership name, to be secure from liability beyond the amount of capital invested, to conduct their business according to their own good pleasure, and, in short, to possess all the powers defined by the revised statutes as belonging to corporations. There is nothing not perfectly equitable in the principle which exempts men from liability to any greater amount than the capital actually invested in any business, provided proper notoriety be given of the extent and circumstances of that investment. If such a law were passed, the stockholders in an insurance company, or the stockholders in any other chartered company, when their corporate privileges were about to expire, would have merely to give the proper public notification of their intention to continue their business in the mode specified in the general joint-stock partnership law, and they might go on precisely the same as if their special privileges had been renewed. The only difference would be that those privileges would no longer be special, but would belong to the whole community, any number of which might associate together, form a new company for the same objects, give due notification to the public, and enter into free competition with preexisting companies or partnerships; precisely as one man, or set of associated men, may now enter into mercantile business by the side of other merchants, import the same kinds of goods, dispose of them on the same terms, and compete with them in all the branches of their business.
There has been a great deal said about our ultraism and Utopianism; and this is the extent of it. By a general law of joint-stock partnerships all the good effects of private incorporations would be secured, and all the evil ones avoided. The humblest citizens might associate together, and wield, through the agency of skilful and intelligent directors, chosen by themselves, a vast aggregate capital, composed of the little separate sums which they could afford to invest in such an enterprise, in competition with the capitals of the purse-proud men who now almost monopolize certain branches of business.
The exception to which we have alluded above, is the business of banking. Our views on this subject were fully stated yesterday. We would not have banking thrown open to the whole community, until the legislature had first taken measures to withdraw our paper money from circulation. As soon as society should be entirely freed, by these measures, from the habit of taking bank-notes as money, we would urge the repeal of the restraining law, and place banking on as broad a basis as any other business whatever.
THE FERRY MONOPOLY
Evening Post, February 18, 1835. Title added by Sedgwick. Text abridged and subjoined extract deleted.
We have received from Albany a copy of the Report of the Select Committee of the Assembly on the several petitions addressed to that body, relative to the establishment of additional ferries between this city and Brooklyn. The petitioners ask that an intelligent and impartial board of commissioners may be appointed, with full powers to establish ferries between New-York and Long Island, and that the present rates of ferriage be reduced. The fact that additional means of communication between the cities of New-York and Brooklyn are very much needed, that the present rates of ferriage are exorbitantly high, and the accommodations none of the best, is too notorious for any one to deny. It is also a well known fact, that numerous responsible persons have frequently and vainly petitioned the corporate authorities of this city for permission to establish another ferry, offering to bind themselves to furnish suitable accommodations, and to pay too a large sum for the desired "privilege." In consequence of the rejection of all these applications, resort has at last been had to the State Legislature.
The power of establishing ferries over the East River is claimed by the corporate authorities of this city as a franchise conferred upon them by the ancient charters, and confirmed by various subsequent acts of state legislation.
In the difficulties which citizens now experience to obtain reasonable facilities of communication between New-York and Brooklyn, a forcible illustration is afforded of the absurd and oppressive nature of monopolies. The question how far the power to regulate this matter has been granted to the Common Council of New-York, and how far it yet resides in the legislature of the State is one which we have not qualified ourselves to answer. It seems to us, however, from an attentive perusal of the Report, and a reference to some of the authorities there mentioned, that the positions assumed in that document are sound, and that the Legislature have a primary, unalienated and supreme control over the whole matter in dispute.
Be this as it may, the common sense view of the subject plainly teaches that there ought to be no further legislative or municipal interference with the business of ferriage, than is demanded by a simple regard for public safety and convenience. We have not time to go into any argument to-day; but on this subject, as on all others, we are the advocates of the princples of free trade. We would put no hinderance in the way of any man, or set of men, who should choose to undertake the business of ferrying people across the river. The public interests would be best served by leaving the matter to regulate itself—or rather leaving it to be regulated by the laws of demand and supply. Free competition would do more to insure good accommodations, low prices, swift and safe boats, and civil attendants, than all the laws and charters which could ever be framed. The sheet of water which separates New-York from Brooklyn ought to be considered as a great highway, free to whomsoever should choose to travel on it, under no other restriction than complying with certain regulations for the mutual safety and convenience of all: such regulations as are now enforced with regard to private vehicles in the streets and public roads. Yet since the corporate authorities choose to turn every business that they possibly can into a source of revenue to the city, they might make a license necessary for ferryboats, as is now done with regard to the Broadway and Bowery omnibusses. Even this tax is an infringement of those sound principles of political economy which ought to govern in the matter; but it could not be objected to in the case of ferries, while it is recognized in that of stage coaches.
In making these remarks, we are by no means forgetful of the "chartered rights" of those who now have the "exclusive privilege" of carrying people to and fro between New-York and Brooklyn. Much as we detest the principle of such monopolies, we would by no means justify any invasion of the rights duly granted to them. The public faith is pledged, and, at the expense of any temporary inconvenience, let it be preserved inviolate. But though the Corporation ought not to invade the rights which have been foolishly granted, yet as far as they still retain any control over the subject, they might restore to the community their natural rights, and leave those who wish to establish other ferries to make the best terms they can with the existing monopolies. Such a course is in reality dictated as well by selfish and local interests as by an enlarged and liberal view of the whole question. Every additional facility of access to this metropolis increases its general prosperity. We are aware that pains have been taken to create a belief that the establishment of more ferries would injuriously affect the prices of property in the upper part of the city, and that narrow and selfish opposition has been thus engendered. But we think it could be demonstrated that every additional means of communicating with Long Island will add to the prosperity of New-York. Be this as it may as respects owners of real estate, there can be no question that it is true with regard to the great body of the people.
FREE TRADE POST OFFICE
Evening Post, March 23, 1835. Title added by Sedgwick. Text abridged.
The party newspapers, both for and against the administration, contain, every now and then, statements exposing individual instances of gross abuse of the franking privilege. There can be no doubt that the franking privilege is a prolific source of many of those evils in the Post-office department which are complained of on all hands, and that a reformation of the laws on this subject is very much needed.
But at the hazard of giving a new occasion for the charge of ultraism against this journal, we shall take the liberty to express an opinion, which we have long entertained, that the source of the evils in our Post-office system lies far too deep to be reached by any regulation or abridgement of the franking privilege, or even by its total abolition. It lies too deep, in our opinion, also, to be reached by any possible organization of the Post-office Department which it is in the power of the General Government to establish. There are five words in the Constitution of the United States which we look upon as the grand primary source of all the evils of which the people have so much just cause to complain in relation to that particular department of the Government. We allude to the clause which gives to Congress the power "to establish post-offices and post-roads."
These words, in our view of the subject, ought never to have formed a part of the Constitution. They confer a power on the General Government which is liable, and almost inevitably subject, to the grossest political abuse. The abuse is one which will necessarily increase, too, from year to year, as population increases in numbers and spreads over a wider surface. The Post-office, controlled and directed by the General Government, will always be conducted with a vast deal of unnecessary expense, and, what is a consideration of far more serious importance, will always be used, to a greater or less extent, as a political machine.
It is not probable that the history of this Union, should it stretch out for ages, will ever exhibit to the admiration of mankind an administration under the guidance of a more faithful, energetic, intrepid and patriotic spirit, than that which happily now rules the executive councils of the nation. Yet even under the administration of a man whose integrity no arts can corrupt, whose firmness no difficulties can appal, and whose vigilance no toils can exhaust—even under the administration of such a man, what a sickening scene does the mismanagement of the Post-office not present! Remove Mr. Barry and appoint another in his place, and you will not correct, and most likely you will not even mitigate the evil. Abolish the franking privilege, and the essential defects of the system would still remain. Re-organize the whole department, and introduce all the guards and checks which legislative ingenuity can devise, and still you will not wholly remove the imperfection. The Post-office will still be a government machine, cumbrous, unwieldy, and liable to the worst sorts of abuses.
The Post-office is established by the Government for the purpose of facilitating intercourse by letter between distant places. But personal intercourse between distant places is as necessary as epistolary, though not, perhaps, to the same degree. Why then should not the Government take upon itself the support and regulation of facilities for carrying passengers as well as letters from place to place? The transmission of packages of merchandise from one part of the country to another is no less necessary, than intercourse by letter or person. Why should not Government go a step further, and institute transportation lines for the conveyance of our goods? But we shall be answered, that these objects may safely be left to the laws of trade, and that supply will keep pace with demand in these matters as in other commercial and social wants of man. Might not the laws of trade, and the power of demand to produce supply through the activity of private enterprise, be safely trusted to, also, for the carriage of letters from place to place?
If the mail establishment, as a branch of the United States Government, should be abolished this hour, how long would it be before private enterprise would institute means to carry our letters and newspapers from city to city, with as much regularity as they are now carried, and far greater speed and economy? But the objection may be raised that inland places and thinly settled portions of the country would suffer by such an arrangement. There is no place on the map of the United States which would not soon be supplied with mail facilities by paying what they were worth, and if it gets them for less now, it is only because the deficiency is levied from the inhabitants of some other place, which is contrary to the plainest principles of justice.
There are very many considerations which might be urged in favour of a free trade view of this subject. The curse of office hunting, which is an incident of our form of Government, and is exerting every year, more and more, a demoralizing influence on the people, would undergo a check and rebatement by the suggested change. But would you withdraw—some one may ask—the stimulus which the present post-office system furnishes to emigration, by extending mail routes through the wilderness, and thus presenting inducements for population to gather together at points which would otherwise remain unimproved and uninhabited for years? To this we answer, unequivocally, yes. We would withdraw all Government stimulants; and let no man suppose that the progress of improvement would be retarded by such a withdrawal. The country would grow from year to year, notwithstanding, as rapidly and more healthily than now. It would only be changing the hot-bed system to the system of nature and reason. It would be discontinuing the force-pump method, by which we now seek to make water flow up hill, and leaving it to flow in its own natural channels. It would be removing the high-pressure application of Government facilities from enterprise and capital, and permitting them to expand themselves in their own proper field. The boundaries of population would still continually enlarge, circle beyond circle, like spreading rings upon the water; but they would not be forced to enlarge this way and that way, shooting out into strange and unnatural irregularities, as it might please land speculators, through the agency of members of Congress, to extend mail facilities into regions which perhaps God and nature meant should remain uninhabited for ages to come.
There are various other points of view in which the subject deserves to be considered. But we must reserve these for another occasion.