Political Science in American Colleges and Universities, 1636-1900 [Reprint ed.]


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Table of contents :
Dedicated
Introduction • William Anderson
Preface
Table of Contents
Part One: The Colonial Period, 1636–1770
I. Earliest Offerings in Politics, 1636–1770
II. Ethics and Politics, 1636–1770
III. Political Science in Disputations and Commencement Exercises, 1636–1770
Part Tow: The Period of Independence and Federation, 1770–1825
IV. College Courses Bearing on Politics, 1770–1825
V. Political Science as a Part of Moral Philosophy, 1770–1825
VI. Developments in Law, Political Economy, and History, 1770–1825
VII. Political Questions in Disputations and Commencement Exercises, 1770–1825
Part Three: The Middle Period, 1825–65
VIII. Curriculum Offerings in Political Science, 1825–65
IX. Instruction in Political Philosophy, the Constitution, and International Law, 1825–65
X. Changes in Related Studies, 1825–65
Part Four: The Emergence of Political Science as a Separate Discipline, 1865–1900
XI. Curriculum Offerings in Political Science, 1865–1900
XII. Developments in Related Subjects, 1865–1900
XIII. Political Science Textbooks and Other Publications, 1865–1900
XIV. Political Science Enters the Twentieth Century • William Anderson
Bibliograpy
Index
Recommend Papers

Political Science in American Colleges and Universities, 1636-1900 [Reprint ed.]

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Political Science in American Colleges and Universities, 16 3 6 -19 0 0

POLITICAL SCIENCE IN AMERICAN COLLEGES AND UNIVERSITIES 1 6 3 6 -1 9 0 0

BY

ANNA

HADDOW

EDITED WITH AN INTRODUCTION AND CONCLUDING CHAPTER BY

W IL L IA M

AN DERSON

1969

OCTAGON BOOKS N ew York

R e p r in te d

1969

by special arrangement with Appleton-Century-Crofts, Division o f Meredith Publishing Company

OCTAGON BOOKS A

D

iv is io n o f

F arrar, S traus & G

ir o u x ,

In c .

19 Union Square West New York, N. Y. 10003

L ibrary

of

C ongress C atalog C ard N u m b e r :

Printed in U.S.A. by

TAYLOR PUBLISHING COMPANY DALLAS, TEXAS

76-96196

Dedicated to BELLE WITHERS POON HADDOW

IN T R O D U C T IO N In its original form the following work came into my hands late in 1937- An announcement that a thesis on the History of the Teach­ ing of Political Science in the Colleges and Universities of the United Slates, 1636-1Q16 had been accepted from a candidate for the doc­ torate at George Washington University in June of that year first brought it to my attention. A library loan was arranged, and I soon gained much profit from a study of the manuscript. Since the subject was one that I had frequently called to the atten­ tion of my classes, and one on which I had already gathered some disconnected notes, it seemed to me that the work might prove to be of wider interest. Then followed a considerable amount of cor­ respondence with the author, Miss Anna Haddow, and with a num­ ber of leaders in the American Political Science Association with reference to the possibilities of publication. This resulted in the appointment by President Clarence A . Dykstra, then president of the association, of a committee of five to examine the manuscript and to report upon its merits. The undersigned served as chairman of the committee, and the other members were Professor Francis W . Coker of Yale University, Professor J. R. Hayden of the University of Michigan, Professor Frederic A . O gg of the University of Wisconsin, and Professor H enry R . Spencer of the Ohio State University. The members having severally examined the manuscript, the committee met dur­ ing the December, 1938, sessions of the association at Columbus, recommended certain editorial revisions in the work, and then pro­ posed that the association sponsor and if possible subsidize the publication of the manuscript as revised. First the executive council and then the association as a whole agreed to the sponsorship, but there were at the time no funds that could be provided for a sub­ sidy. An application to the American Council of Learned Societies vii

brought a sufficiently favorable response to warrant my proceeding with the revision. Miss Haddow was at the time unable to give the attention required for the work, but she gave generous support toward the employment of Miss M yrtle Eklund to assist me, and so the task was done. The work as here presented is essentially as it was written by Miss Haddow, but there are some changes that are important enough to notice. First, her account came down to 1916, but for the period from about 1890 to 1916 it covered only a relatively small number of institutions out of the many then teaching political science. It seemed better to end the account at about 1900, and to cover for the period just before 1900 an additional group of institutions, in­ cluding particularly certain state universities of the middle and far west. These changes have been made. It is to be hoped that some articles will be prepared at a later date to bring the account down to about 1938 or later, and that a subsequent edition will incorporate such additional materials. Second, an introductory chapter of bibliographical nature, and a summary chapter at the end, have been eliminated, although some of the material has been incorporated in other chapters and in the bibliography. Another chapter dealing with political science since 1900 has been wholly rewritten and appears herein as Chapter X IV . Third, the title of the book has been shortened, many chapter headings have been changed, much material previously embodied in footnotes has been either eliminated or incorporated in the text, and a considerable number of other minor changes have been made, but none that affect seriously the substance of what Miss Haddow had written. The work now before the reader is not, and does not pretend to be, a complete history of American political science. It deals almost entirely with the efforts of men within academic walls to develop what we now call political science and to present it to their students. W ho these men were, what courses they offered, what books they used, what ideas influenced them, what things each one particularly emphasized in his work, how the teaching changed from time to

time, and how political science finally became disentangled from history, economics, moral philosophy, law, and other subjects,— these are principal threads to be followed through this book. No other author up to this time, as far as we know, has attempted to tell this story as completely as it is told here. There have been, however, a number of partial accounts, and some parallel ones as in the fields of history and law 5 these are listed, along with other works, in Section A of the bibliography. The bibliography itself must be accounted as one of the most important parts of the work, a starting point for others who wish to extend or improve upon this account. Since the materials for a history of this type are necessarily scat­ tered far and wide, and in large part not adequately published, this account is necessarily somewhat incomplete. The main lines of the development are fairly clear, but many significant details that might lend depth and color to the story are unavoidably lacking. Other imperfections, too, are unquestionably to be found in the book. It is to be hoped, however, that scholars in political science departments here and there will note the important gaps and the errors, and will supply us with materials to make a better second edition. Now is the time, while some of the original personnel of the departments and even a number of the founders of the American Political Science Association are yet with us, to obtain reliable accounts of the begin­ nings and later developments. W hat is the importance of this book, and who should be interested in it? T o the workers in any field of knowledge, the importance of knowing their antecedents and the way in which their discipline was developed cannot be overemphasized. No body of knowledge springs into existence full-blown and perfect. Each is the result of a long and fumbling process, a groping toward light and perfected form and scientific method. Each bears upon its body the marks of labor at its birth and the scars of wounds incurred in later accidents and in arduous struggles for assured position and self-improvement. The student of political science in the United States who knows nothing about the rise of law and economics and political science out of the common matrix of moral philosophy, and who does not see

the importance for political science of its long struggle to put “ is” in place of “ ought to be,” is greatly handicapped indeed. Likewise, the writer on American political ideas who ignores the men who were teaching in the colleges and the ideas they were expounding to suc­ cessive generations of political leaders, is almost certain to present somewhat distorted views. The authors, Scottish, English, and Amer­ ican, of the books on “ moral philosophy,” for example, that were so long and so effectively used in the teaching of politics in American colleges, may be more important for the understanding of American political thinking than many writers to whom more attention has been given. A perusal of Miss Haddow’s work will also help to dispel the notion that political science is a “ new” or a “ young” subject in Ameri­ can colleges. True it is that separate departments and schools of political science are mainly a creation of the past fifty years, but the subject, under one guise or another, runs back practically to the be­ ginning of our colleges. And so I think that every present teacher and research worker in political science, and every graduate student preparing for such employment, should read and ponder this book that tells so much of the beginnings and the development of academic political science in the United States. L et him make the acquaintance of some of his predecessors in the study and teaching of his subject. L et him ex­ amine sonie of their works listed herein, and get the feel of his intellectual kinship with the authors. For we are all laborers together in a common cause, both those who have gone before and whose works live after them, and those who bear the burdens of this day. The journeyman and the apprentice in our time have yet much to learn from both the mistakes and the successes of yesterday’s master workmen. W i l l i a m A n d er so n U n iv e r s it y o f M in n e s o t a

PREFACE This survey of college and university instruction in political science was submitted in 1937 to the Graduate Council of George Washington University as a thesis in partial fulfillment of the requirements for the degree of doctor of philosophy. T o Professor W illiam Cullen French of George Washington University I am indebted for stimulating counsel and guidance. Publication of the study in its present form is due to the efforts of Professor W illiam Anderson of the University of Minnesota. To him I am very grateful for his interest and his careful revision of the manuscript. Acknowledgments are due to Professor Warren Reed West, Professor W ood Gray, and Professor W illiam Carl Ruediger of George Washington University, for helpful criticisms and sugges­ tions} to Miss M yrtle Eklund for assistance in editing the manu­ script under Professor Anderson’s direction} and to staff members of the Library of Congress and the library of the United States Office of Education for their many courtesies. W ith the editor and the D . Appleton-Century Company, I desire to record our thanks to the authors and publishers who granted me generous permission to quote from their works without charge. F u ll acknowledgment to the author, title, and publisher of all quoted material will be found in the footnotes at the first point of reference. I also wish to express my appreciation to the officers and mem­ bers of the American Political Science Association for sponsoring publication of this thesis, and to the American Council of Learned Societies for the financial subsidy which helped to make publication possible. A n n a H addow W a s h in g t o n ,

D .C.

TABLE OF CONTENTS PART o n e : C h a ffer

_

the

c o l o n ia l

p e r io d ,

1636-1770

_

p age

.I.

Earliest Offerings in Politics, 1636-1770.

II.

Ethics and Politics, 1636-1770

III.

. . .

3

.

18

Political Science in Disputations and Commencement Exercises, 1 6 3 6 - 1 7 7 0 .................................................. 31 PART t w o :

the

p e r io d

of

in d e p e n d e n c e

an d

FEDERATION, I7 7 O -I8 2 5

IV.

College Courses Bearing on Politics, 1770-1825.

.

43

V.

Political Science as a Part of M oral Philosophy, 1 7 7 0 - 1 8 2 5 ...................................................................... 64

V I.

Developments in Law, Political Economy, and His­ tory, 1770 -1825................................................................83

V II.

Political Questions in Disputations and Commence­ ment Exercises, 1770 -1825.......................................... 101 part

V III.

three:

the

m id d l e

p e r io d ,

1825-65

Curriculum Offerings in Political Science, 1825-65

. 113

IX .

Instruction in Political Philosophy, the Constitution, and International Law, 1 8 2 5 - 6 5 ............................. 138

X.

Changes in Related Studies, 1825-65..............................152

part

four:

the

em ergence

of

p o l it ic a l

s c ie n c e

AS A SEPARATE DISCIPLINE, 1865-I9O O

X I.

Curriculum Offerings in Political Science, 18651 9 0 0 ..................................................................................1 7 1 x iii

Cha f ie r

X II.

Page

Developments in Related Subjects, 1865-1900 .

222

X III.

Political Science Textbooks and Other Publications, 1 8 6 5 - 1 9 0 0 .................................................................. 235

X IV .

Political Science Enters the Twentieth Century, By William A n d e r s o n ..................................................... 257 B ib l io g r a p h y .................................................................. 269 Index

............................................................................... 299

PART

ONE

The Colonial Period 16 3 6 -17 70

E A R L I E S T O F F E R I N G S I N P O L I T I C S , 16 3 6 -17 7 0 HARVARD COLLEGE

Harvard College, founded in 1636, was the first institution of higher learning to be established in British North America. Under H enry Dunster, who was named president in 1640, the standards and disciplines of English universities were adopted. Information regarding the program of studies is meager.1 For a century after the foundation of the college, there are but three summary state­ ments of the curriculum: 1642, 1655, and 1723. In 1643 a letter dated at Boston September 26, 1642 was pub­ lished anonymously in London as a pamphlet entitled New Eng­ land’s First Fruits. Part of this pamphlet dealt with “ the progresse of Learning, in the Colledge at Cambridge in Massachusetts Bay.” 2 In the three-year course of study all classes devoted Monday and Tuesday to philosophy. In the afternoon philosophical disputations were provided. In this program “ Ethicks” and “ Politicks” had special mention: 8 T h e second and third day of the weeke, read 4 Lectures, as followeth. . . . . T o the second yeare, at the 9th. houre, Ethicks and Politicks, at convenient distances of time. 1 Samuel E lio t M orison, H arvard C ollege in the Seventeenth Century (C a m ­ bridge, M ass.: H arvard University Press, 19 3 6 ), I, 139. Quincy states that during this period o f the 1640*5 and 1650’s “ little exact and authentic information exists.” See Josiah Q uincy, T h e History o f H arvard University (Boston: Crosby, Nichols, L ee and C o ., i8 6 0 ), I, 19 1. 2 T o this “ promotion pamphlet” we owe our first knowledge o f H arvard. C f. M orison, T h e Founding o f Harvard C ollege (Cam bridge, M ass.: H arvard U n i­ versity Press, 1 9 3 5 ) , p. 304. 3 Ibid., p. 435. 4 T h e word “ read” is used in the sense o f an actor reading his lines or a Reader at an E nglish university teaching his class, according to J . J. W alsh, Education

3

Quincy’s comment on this program of 1642 has been widely quoted: Such were the principles of education established in the College under the authority of Dunster. N or does it appear that they were materially changed during the whole of the seventeenth century.

Peirce said of Dunster’s administration ( 1640-54) : A certain degree of acquaintance with the Latin and Greek languages was necessary for admission. T h e study of these was afterwards con­ tinued; to which was added that of the Hebrew, Chaldee, and Syriac languages; and the whole was pursued in connection with logic, ethics, arithmetic, geometry, physics, metaphysics, politics, and divinity. As good instruction was afforded here as at the first schools in the old world.............. *5

The college laws of 1655 provided for “ Ethickes” only, in the third year of a four-year course.6 About 1723 a report to the Board of Overseers stated that “ the Junr Sophisters recite . . . . Mores Ethicks.” 7 The laws of 1734 8 listed “ Ethicks” as a required sub­ ject. of the Founding Fathers of the Republic (N e w Y o rk : Fordham University Press, i 935 )> PP- 7 ¿ - 77 : 5 Quincy, o f . cit., I, 1 9 2 ; Benjam in Peirce, A History of Harvard University from Its Foundation, in the Year 1636, to the Period o f the American Revolution (Cam bridge, M ass.: Brown, Shattuck, and Co., 1 8 3 3 ), p. 8. e

. . . Students shall . . . .

spend . . . .

the third yeare in the principles

o f Ethickes..............” Publications of the Colonial Society of Massachusetts, V o l. 31 (Boston, 1935)» PP- 327 - 39 7 T h is is “ A particular account” in the handw riting o f T u to r H enry F lyn t signed b y him and his two tutorial colleagues, probably in 1723. T h is report was copied b y President W adsworth into his diary for 172 6 w ith the note: “ Ys I w rit march 15. 1 7 2 5 /6 T w a s given in some few years before to y e overseers.” See “ Benjamin W adsworth^ Book

( A . Dorn.

1725)

relating to C ollege A ffairs,”

ibid», pp. 455—56. T h e rough draft is am ong the H arvard C ollege Papers in the University Archives. Because o f a penciled notation

“ 1690”

by a

nineteenth-

century investigator, some authorities refer to the “ 1690 document.” M orison as­ sumes that this program represents the same curriculum as was established late in the seventeenth century ( Harvard C ollege in the Sevententh Century, I, 1 4 6 - 4 7 ) . 8 Peirce, o f. cit., Appendix, p. 128. A lso Publications of the Colonial Society of Massachusetts, V o l. 15 (Boston, 1 9 2 5 ) , p. 138.

In M ay 1766 a committee of the Overseers reported a plan for the better distribution of the work of the tutors, effective January 1767, which provided a special tutor for logic, metaphysics, and ethics, i. e., for philosophy.9 T h e tutorial system brought over di­ rectly from the parent university at Cambridge in its simplest form had meant one tutor for each class. As the class entered in the special charge of one tutor, so it continued under his guidance for the period of undergraduate study, provided, of course, that the tutor remained for four years. Thus every tutor was responsible for a knowledge of the entire curriculum of studies, although the president usually took charge of the senior class. It would appear from these early courses that the political branch was not cultivated at Harvard, except insofar as it was incidentally touched upon under ethics. Undoubtedly political education was a phase of instruction, for we know that the college library had works on government and political theory. At a time when books were scarce and had to be imported at considerable expense, Harvard benefited through the generosity of the H ollis family in England. In addition to such bounties as establishing professorships (divinity and mathematics), Thomas H ollis almost every year from 1719 to his death in 1731 transmitted trunks of books, generally wellselected and valuable, with directions to his correspondent, D r. Colman, to “ take out for the College such as its library had not already.” 10 Another Thomas H ollis (1720-74) generously con­ tributed books also and was accused of encouraging the tendency to independence. H e wrote in 17 6 6 :11 9 See Q uincy, o f. cit., II, 13 2 -3 4 5 and M orison, Harvard College in the Seven­ teenth Century y I, 5 1 . 10 Quotation from letter o f January 14, 1 7 2 1 . Quincy, o f . cit., I, 430. 11 Letter o f Ju ly 7, 1 7 7 6 . Quoted in Francis Blackburne, M em oirs o f Thomas HolliSy Esq. (London, 1 7 8 0 ), I, 319. A g a in on M a y 25, 1768 he wrote (ibid., p. 396) : “ I now request a place for a few more books5 they, like the former, re­ late chiefly to civil and religious liberty« W e are entering, I doubt, to live in bad times, and I have been w illin g to contribute m y mite, Sir, toward your getting stocked w ith books on those tw o most precious subjects.” T h e re are also a number o f sixteenth- and seventeenth-century works on politi­ cal theory listed in the C o llege Library Catalogue o f 1723 (Bodin, M achiavelli,

More books, especially on government, are going for N ew England. Should those go safe, it is hoped no principal books on that F I R S T subject will be wanting in Harvard College, from the days of Moses to these times. M en of N ew England, Brethren, use them for yourselves, and for others, and G O D bless you! COLLEGE OF WILLIAM AND MARY

Although a charter was granted in 1693 for the establishment of the College of W illiam and M ary, courses in philosophy were not given until the i720’s.*12 T he college statutes for 1727 and 1758 provided for two professors in the philosophy school, one for Rhetorick, Logick, and Ethicks, and the other for Physicks, Metaphysicks, and Mathematicks.13 T yler declares that the W illiam and M ary system was but a colonial reproduction of the higher education in England. Under the title of “ ethics,” the professor of moral philosophy at W illiam and M ary treated, from an early date, of the rights and duties of the state— the subject-matter of natural and civil law .14 Campanella, Grotius, Boccalini, M arsiglio o f Padua, etc.), which suggests that some benefactor o f the College, h a lf a century or more earlier than the first T hom as Hollis, wished H arvard students to sharpen their wits on the theory o f the State (M orison, Harvard C ollege in the Seventeenth Century, I, 259—6 0 ). 12 1‘Education in Colonial V irgin ia : Part IV . T h e H igher Education,” W illiam and M ary College Quarterly, V I (1 8 9 8 ), 1 7 1 —87. In 1 7 1 2 a professor o f mathe­ matics was named, and for ten years longer the college consisted o f a gram m ar school and a mathematical school. See also Lyon G . T y le r , “ E arly Courses and Professors at W illiam and M ary C ollege,” W illiam and M ary Colleg e Quarterly, X I V (1 9 0 5 ), 7 1 -8 3 13 T h e earlier statutes, dated at London June 1 7 2 7 , were reprinted at W illiam s­ burg in 1736. See “ T h e Statutes of the C o lle g e ’ o f W illiam and M ary, Codified in 17 3 6 ,” W illiam and M ary C ollege Quarterly, X X I I

( 1 9 1 4 ) , 28 1—96. See also

“ T h e Statutes o f the C ollege o f W illiam and M ary in Virginia. Printed in 17 5 8 ,” W illiam and M ary C ollege Quarterly, X V I (1 9 0 8 ), 239—56. 14 Lyon G . T y le r , T h e C ollege of W illiam and M ary in Virginia: Its History and W ork, 1 6 9 3 -1 9 0 7

(Richm ond: W hittet and Shepperson, 1 9 0 7 ), pp. 29 -30 .

Earlier he had worded this idea as follows ( “ Education in Colonial V irgin ia,” o f. cit.y p. 1 7 9 ) : “ Under the title o f ‘ethics* the professor o f moral philosophy

Adams, however, states that in all probability the courses were much the same as those given during the scholastic régime of early Harvard.15 Unquestionably the environment of the college was of such a nature that it would stimulate political interests, for Williamsburg was the capital of the colony. “ Never before or since in this country was there such a constant object lesson for students in the art of government and in the constitution of society.” 16 In spite of a small enrolment this college numbered among her graduates many eminent public men. “ The secret of that great family of patriot politicians,” says Adams, “ lies in the union of home education with the higher education, in the blending of private with public train­ ing.” 17 The political influences that affected Thomas Jefferson through his association with Professor William Small, who was named to the chair in philosophy soon after Jefferson entered the college in 1760, appear to have been chiefly extra-mural.18 Through D r. Small, Jefferson became intimate with George W ythe and Governor Fauquier. From the conversation of these men who habitually made him a fourth member of their circle he learned much of worth: from Small, a conception of the scope of philos­ ophy \ from Wythe, a conception of the great principles of politics j and from Fauquier, a conception of the refinements of society. Walsh assumes, however, that he received a thorough grounding in ethics under Small in the lecture room.19

treated o f the rights and duties o f the state— the subject-matter o f political science.” 15 Herbert B. Adams, T h e C ollege of W illiam and M ary, U . S. Bureau o f E du­ cation Circular o f Information, 1887, No. 1 (W ashington, D . C . j

Government

Printing Office, 1 8 8 7 ), p. 20. 16 Ibid., pp. 23 and 28. 17 O f . cit., p. 27. 18 C f. R o y J. H oneyw ell, T h e Educational Work o f Thomas Jefferson (C am ­ bridge, M ass.: H arvard University Press, 1 9 3 1 ) , p. 3. See also A utobiografhy of Thom as Jefferson 1J43—1J9Q (N e w Y o rk : G . P. Putnam’s Sons, 1 9 1 4 ) , pp. 5 -6 . 1 9 O f . c i t pp. i i i - i 2, 1 1 5 - 1 8 . Jefferson in later years commented that time spent in the study of ethics or moral philosophy was “ lost.” ( American Journal o f Education, X X V I I [ 1 8 7 7 ] , 5 1 6 ) .

YALE COLLEGE

Yale College was founded in 1701. Its charter provided for a collegiate school “ wherein Youth may be instructed in the Arts & Sciences who through the blessing of Alm ighty God may be fitted for publick employment both in Church & Civil State.” 20 The first rector was Abraham Pierson, a graduate of Harvard of the class of 1668. It was to be expected that Harvard practices would be followed by men who had received their education at Cam­ bridge.21 In his manuscript autobiography Samuel Johnson, who graduated in 1714, commented that the philosophy taught by the tutor in logic, physics, metaphysics, and ethics “ was nothing but the scholastic cobwebs of a few little English and Dutch systems.” 22 Under the presidency of the Reverend Thomas Clap ( 1739— 66) 23 Yale College showed greater progress. A body of academic laws adopted in 1745 provided for “ Metaphysicks and Ethics” in the fourth year.24 Clap has described the condition of the college during his presidency.25 Each class was under the immediate in20 Franklin Bowditch Dexter, Sketch of the History o f Yale University (N ew Y o rk : Henry H olt and Co., 1 8 8 7 ), p. 9. In 1766 C lap , however, stated that “ the principal Design of the Institution of this C ollege was to educate Persons for the W ork of the M inistry.” See Thom as C lap , T h e Annals or History of Yale-College (N ew H aven: John Hotchkiss and B. M ecom , 1 7 6 6 ) , p. 1. 21 Theodore D . W oolsey, A n Historical Discourse Pronounced before the Grad­ uates o f Yale C ollege, August 14, 1850

(N e w H aven : B. L. Hamlen,

18 5 0 ),

p. 45. Also Charles Franklin T h w in g , A History of H igher Education in America (N e w Y o rk : D . Appleton and Co., 19 0 6 ), p. 75. 22 Reprinted from Herbert and Carol Schneider (eds.), Samuel Johnson, President of K in ¿ s C o lleg e: His Career and Writings (N e w Y o rk , 1 9 2 9 ), I, 6, by permission o f Columbia University Press. 23 E zra Stiles (Y a le , 1 7 4 6 ), who was a tutor from 1749 to 175 3 , and who later became president o f Y a le, commented on C lap ’ s know ledge o f history, ancient and modern, political and ecclesiastical. “ He was considerably read in the common law of England, and in the municipal laws o f his country.” See A biel Holmes, T h e L ife of Ezra Stiles (Boston: Thom as and Andrews,

1 7 9 8 ), A ppendix II, pp.

393“ 95 24 Laws reproduced from manuscript in the college archives in Franklin B o w ditch Dexter’s B iograf Ideal Sketches of the Graduates of Yale College (N e w Y o rk : Henry H olt and Co., 18 9 6 ), II, 2 -1 8 . 20 O f . eit,, p. 81.

struction of a tutor “ who carries them thro’ a Course of Studies, for three Years; and the President completes their instruction in the fourth.” In this fourth year they “ principally study and recite Metaphysicks, Ethicks and Divinity.” More significant than the course of study was Clap’s discussion of a presidential duty (selfimposed? ) : 26 “ After Evening Prayers, he frequently makes dis­ sertations upon various Subjects in Religion and Learning, and almost-all the different Affairs and Employments of Life.” The principal design of the institution was to educate ministers, he con­ tended: Y e t inasmuch as more have been educated, than are necessary for the immediate Service of the Churches, and are designed for various other publick and important Stations in civil L ife; the President therefore frequently makes publick Dissertations upon every Subject necessary to be understood, to qualify young Gentlemen for those Stations and E m ­ ployments; such as the Nature of civil Government, the civil Constitu­ tion of Great-Britairiy the various Kinds of Courts, and Officers superior and inferior, the several Kinds of Law s by which the Kingdom is governed; as the Statute, Common, Civil, Canon, Military and Maritime L aw s; together with their several Origins and Extents; the several forms of Ecclesiastical Government which have obtained in the Chris­ tian Church . . . . Commerce . . . . ; that so every one educated here might have, at least, a general and superficial Knowledge of every important A ffair of L ife ; and be directed to those Books which may give him a more complete Knowledge of that particular A rt and Science, which may be most agreeable to his own Genius or Profession. COLLEGE OF NEW JERSEY

T he institution now known as Princeton University came into existence in 1746 as the College of New Jersey.27 The first courses 26' I b i d pp. 80 and 84. 27

W oodrow Wilson stated 150 years later that the college was founded “ to give

young men such training as, it m ight be hoped, would fit them handsomely for the pulpit and for the grave duties o f citizens and neighbors.” See M em orial Book of the Sesquicentennial Celebration o f the Founding o f the C ollege of N ew Jersey (N e w Y o rk : Charles Scribner’s Sons, 18 9 8 ), p. 103. B lair in 1764 declared that the college endeavored to train youth “ for the future service o f their country, in

were given at Elizabethtown in 1747 under President Dickinson, who had graduated from Yale in 1706. It is not known wnat re­ quirements for admission were laid down, if any, nor what curricu­ lum was outlined. Recitations were held in Dickinson’s parsonage, since he continued to pursue his ministerial duties. Following Dick­ inson’s death in October, the Reverend Aaron Burr transferred the headquarters of the college to his own parsonage at Newark.*28 President Burr was also a graduate of Yale.293 0 He was a hard Student. A good classical Scholar in the 3 learned Tongues: — was well studied in Logick, Rhet., N at. & M or. Phil., the belles Lettres, History, Divinity, & Politics.80

In 1764 Blair wrote that in the junior year students “ pass through a course of natural and moral philosophy, metaphysics, chronology, &c.” 31

k in g ’ s c o l l e g e

In 1754 a charter was granted by George II to King’s College in the colony of New York. The first president was the Reverend Samuel Johnson, a graduate of Yale m 1714. In an advertisement any civil or ecclesiastical employments.” See Samuel Blair, A n Account of the C o U lege o f New-Jersey (W oodridge, N . J. : James Parker, 1 7 6 4 ) , pp. 7 and 47. 28 Varnum Lansing Collins, Princeton (N e w Y o rk : O xford University Press, 1 9 1 4 ) , pp. 1 7 -2 3 and 296. 29 Yale was the mother o f Princeton so far as early presidents and trustees were concerned. Collins thinks the curriculum under both Dickinson and Burr was pat­ terned after Y a le (o/>. cit.y p. 2 9 6 ). Snow has commented that the traditions and practices Yale received from H arvard she transmitted in turn to the C ollege of N ew Jersey. See Louis Franklin Snow, T h e C ollege Curriculum in the United States (N e w Y o rk : Teachers C ollege, Colum bia University, 1 9 0 7 ), p. 38. 30 T h is is the estimate o f President Stiles o f Y ale. See T h e Literary Diary o f Ezra Stiles (N e w Y o rk : Charles Scribner’s Sons, 1 9 0 1 ) , II, 337. 31 O f . cit.} pp. 23—24. Blair added: “ A s to the branches of literature taught here, they are the same with those which are made parts of education in the European colleges, save only such, as m ay be occasioned.by the infancy of this institution.”

dated M ay 31, 1754, which appeared in the New-York Gazette, or W eekly Post-Boy*2 Johnson stated: . ♦ ♦ ♦ It is further the Design of this College to instruct and perfect the Youth in the . . . . Arts ♦ . . . of Geography and History, of Husbandry, Commerce and Government . . . . and, finally, to lead them from the Study of Nature to the Knowledge of themselves, and of the .God of Nature, and their D uty to him, themselves and one another...............

The minutes of a meeting of the “ Governors” on June 3, 1755 contain “ Laws & Orders of the College of New York.” 33 The course of studies for the final year is outlined in these regulations as follows: T h e fourth year is to be devoted to the studies of Metaphysics Logic and M oral Philosophy with something of Criticism and the Chief Principles of L aw and Government— together with History Sacred and Profane.

About 1758 the statement was made that the president confined his. teaching to “ Greek, logic, metaphysics, and ethics.” 34 In 1762 the Reverend M yles Cooper, a fellow of Queen’s College, Oxford, was elected a Fellow and Professor of Moral Philosophy to assist the president.35 When Johnson retired the following year, Cooper suc­ ceeded him. In the same year the “ Plan of 1763” was issued which was an outline of the course for each year and the texts used therein.36 Subjects of particular interest were Johnson’s Ethica in the third year and “ Grot: de B. & P. or Pufendorf” in the fourth year, with 32Reproduced in A History o f Colum bia University 1 7 5 4 -1 9 0 4

(N e w Y o rk :

Colum bia University Press, 1 9 0 4 ), pp. 443—45 $ Snow, o f, cit,, pp. 56—57 ; Reprinted from Schneider, o f, cit., IV , 222—24, b y permission o f Columbia University Press. 33 These law s in photo-lithographic reproduction under date o f June 3, 1755 are contained in Early M inutes o f the Trustees: Vol, I, 1 7 5 5 —1790 (N e w Y o rk : Colum bia University, 1 9 3 2 ). 34 A History o f Columbia University 17 5 4 —1904, p, 450. 35 Ibid,, p. 28. 36 Ibid,, pp. 4 5 0 -5 1 . A lso in Snow, o f, cit., pp. 5 8 -5 9 .

Hutcheson’s Moral Philosophy to be studied in both. Snow’s idea that this “ revision” still kept the general lines of Johnson’s program is not shared by Reed, who notes that in 1763 King’s changed presi­ dents and policy and deluged students with classics in the senior year. A place was found, however, he adds, for “ Grot: de B. & P. or Pufendorf.” “ This was apparently the first appearance of inter­ national law in the American college.” 37 COLLEGE OF PHILADELPHIA

T he story of the College of Philadelphia begins with the naming of the Reverend W illiam Smith in 1754 as instructor in Logick, Rhetorick, Ethicks, and Natural Philosophy and also as provost in the “ Academy and Charitable School in the Province of Pennsyl­ vania,” which in 1755 became the “ College, Academy and Charitable School of Philadelphia.” 38 The appointment of'Smith was due in part to his views on education which had appeared in pamphlet form in 1753, entitled A General Idea of the College of M iraniaZQ These principles he applied in the subsequent establishment of the College. The object of education in the province of “ Mirania,” he wrote, was the “ easiest, simplest and most natural Method of form­ ing Youth to the Knowledge and Exercise of private and public Virtue.” In the fifth or highest class, history was studied in order “ to review those Events in the calm Light of Philosophy, when re­ lated in their full Extent, attended with a Deduction of their im­ mediate and remote Causes and Consequences, in order to make them a Lesson of Ethics and Politics,— an useful Rule of Conduct and Manners thro’ L ife.” Man was first considered in a state of nature and then as a member of society. At this point Aratus (the 37

See A . Z . Reed, Training for the Public Profession of the La and Xeno­ phon’s Memorabilia. Parallel with the lectures on laws and govern­ ment the students were expected to read Plato’s D e Legibus and Grotius’ D e Jure Belli et Pacis. Ethics was taught from Hutcheson, and the law of nations from Burlamaqui.43 O f the relation of the course of study to current life, there is no exact knowledge. Provost Smith early established a position of in­ fluence in the community and did not fear being called a “ political parson.” 44 W ith trustees and faculty deep in controversies and their provost prominent in public affairs, would the students long remain indifferent, asks Montgomery,45 “ and may it not lie in such sur42 Charles J. Stille, A M em oir of the R ev. W illiam Smith, D . D . (Philadelphia, 18 6 9 ), p. 1 1 . 43 For “ private hours” a series o f readings was listed “ for improv. the various branches.” Parallel with the third-year studies in ethics, civil government and law , etc., the fo llo w in g authorities wrere among those recommended: Puifendorf by Barbeyrac, Cumberland de L e g S p i r i t of Laws, Sidney, H arrington, Seneca, Hutcheson’s Works, Locke on Government, and H ooker’s Polity. 44 Stille, o f. cit., p. 15. 45 Op. cit., pp. 3 2 0 -2 1 .

roundings that the College and Academy turned into the arena of the Revolution more men in proportion to her graduates than any other Collegiate institute?” Smith, however, was not a propagandist in his classes if judged by an incident in 1756. Alarmed at the defenseless state of the province after Braddock’s defeat, he wrote a pamphlet on the situation which made him an object of attack. W hen the trustees became fearful that his usefulness as provost would be impaired, there was laid before them on June 27, 1756 a statement signed by four young men (Ja­ cob Duché, James Latta, Francis Hopkinson, H ugh Williamson) who styled themselves “ such of the students of the Senior Philos­ ophy Class as are now in town.” The letter stated that during the two years in which the class had been under his care, the provost had never alluded to provincial politics in his lectures and that dur­ ing “ the whole course on Ethics, Government and Commerce, he never advanced any other principles than what were warranted by our standard authors, Grotius, Puffendorf, Locke and Hutchebon.” T h ey offered as a sufficient proof of their statement their notebooks of the lectures which he delivered “ upon the several branches of M orality,” for the inspection of the trustees. A committee of, that body later reported that “ we are of the opinion that he has dis charged his trust as a capable Professor.” 46 OTHER COLONIAL COLLEGES

T he College of Rhode Island and Providence Plantations, sub­ sequently (1804) called Brown University, was chartered in 1764 under Baptist auspices. The only evidence regarding the nature of instruction before 1770 is the fact that its first president, James Manning, was a graduate of the College of New Jersey (1762). H e has been described as good all-round scholar, whose interest ' in public affairs was deep, rather than a profound student of any subject.47 The curriculum was necessarily restricted in range during 46 Stille, o f . cit., pp. 1 2 - 1 3 . 47 W a lter G . Bronson, T h e History o f Brown University 1 7 6 4 -1 9 1 4 dence: the University, 1 9 1 4 ) , pp. 36, 94, 96.

(P ro v i­

these early years, due to the small number of students and instructors. The laws of 1783 reveal that the requirements were similar to those in effect at the College of New Jersey.48 Queen’s College (later Rutgers University) was founded by royal charter in 1766, but did not begin work until 1771.49 Its program of study conformed to that of the College of New Jersey and of King’s College.50 Dartmouth College was established in New Hampshire in 1769 through the efforts of Eleazar Wheelock, a graduate of Y ale in 1753.51 O ne problem troubled W heelock not at all. No reference to it occurs in any of his manuscripts or in the records of the college during the period of his leadership ; the problem of what the students should study . . . . T h e classical curriculum, which had been evolved years before and which was to last for a century to come, was taken for granted by all and was accepted by W heelock without question. W e have no mention of the course of studies before 17 96 ...............52

W e see,-then, that from the founding of Harvard College down to the very eve of the Revolution, a period of a century and a third, the curriculum in the nine colonial colleges was for the most part a faithful reproduction of the studies that the promoters of higher education in the new world had pursued in English universities. The predominating influences were religious and ethical. This did not necessarily mean a preponderance of divinity courses, but rather a moral approach to subjects of study, and a deep sense of responsi48 Bronson, o f . cit.y p. 10 1. 49 W illiam H . S. Demarest, A History of Rutgers C o lleg e 1J66—1924

(N e w

Brunswick, N . J .: the College, 1 9 2 4 ), p. 1.

60 Ibid.) p. 87. 151 Leon Burr Richardson, History

of Dartmouth C o lleg e

(H anover,

N . H .:

Dartmouth C ollege Publications, 1 9 3 2 ), I, 13—105.

52 lb id .9 p.

119 . Smith corroborates this assumption o f no marked deviation

from the usual collegiate course of study, and adds that President W heelock doubt­ less had his A lm a M ater in mind when planning the curriculum. See Baxter Perry Smith, The History of Dartmouth C o lleg e (Boston: H oughton, Osgood and Co., 1 8 7 6 ), p. 58.

bility for the development of character. Ethics was therefore'an important study, taught usually by the college president. “ Ethicks” and “ Politicks” were both named as philosophical studies in the Harvard course of 1642. “ Ethicks” alone was cited in 1655, 172.3, 1734, and 1766. “ Ethics” it was at the College of W il­ liam and M ary. T he assertion of T yler that the professor of moral philosophy during this period “ treated of the rights and duties of the state— the subject-matter of political science” appears to be con­ jecture only. At Yale, Clap’s evening lectures on government sup­ plemented his class instruction in ethics. T he College of New Jersey in the 1760’s offered “ moral philosophy.” In two institutions the course listings were broader. King’s College in 1755 offered studies of moral philosophy with the chief principles of law and government. A t the College of Philadelphia provision was made for work in ethics, natural and civil law, and an introduc­ tion to civil history and to laws and government. M erely to list these courses is not enough. In the next two chap­ ters the reader will find some analysis of the books that were used in political instruction, and a discussion of one of the distinctive methods of instruction,— the disputation.

E T H I C S A N D P O L I T I C S , 16 3 6 -17 7 0 It was in connection with the courses in philosophy, moral philos­ ophy, and ethics, that the study of political matters \#as imported (or shall we say smuggled? ) into the curriculum of the colleges. T o ap­ preciate the extent of the political instruction actually being offered we must, therefore, examine the meaning attached by the colonial teachers to the titles of the courses they offered, and scrutinize a little the contents of the textbooks they assigned to their students. Philosophy was at that time synonymous with the totality of human knowledge. A student’s notebook at the College of Phila­ delphia, presumably based on lectures by Provost Smith in 1758, de­ clared that philosophy was “ the Knowledge of all Things divine and human, as far as they may be found out by the Powers of Reason.” Practical philosophy, according to the same notebook, includes moral philosophy, “ and this comprehends Ethics, the Rights of Man in a State of Natural Liberty, Politicks or the different Plans of G ov­ ernment & OEconomicks.” 1 Johnson likewise recognized practical philosophy as “ what relates to L ife and Conduct, in our several ■ •■ Thomas M ifflin’s Noies on Metaphysics (manuscript in Library o f Congress). T h is classification resembles somewhat that given by Hutcheson, whose treatise was used in the C ollege of Philadelphia. Hutcheson’s definition o f “ Politics,” ho w ­ ever, was broader: “ T h e celebrated division of philosophy among the ancients was into the rational or logical, the natural and the moral. T h e ir moral philosophy contained these parts, ethics taken more strictly, teaching the nature of virtue and regulating the internal dispositions} and the know ledge o f the law o f nature. T h is latter contained, 1. the doctrine of private rights, or the laws obtaining in natural liberty. 2. Oeconomics, or the law and rights of the several members of a fam ily j and 3. Politics, shewing the various plans of civil government, and the rights o f states with respect to each other.” See Francis Hutcheson, A Short Introduction to M oral Philosophy (3d ed.j G lasgow : Robert and A ndrew Foulis, 1 7 6 4 ) , I, v.

18

Capacities, personal and social,” with three divisions: ethics, oeconomics, and “ Politics, of the Government of States, Civil and Ec­ clesiastical.” 23 T he “ moral philosophy” courses of the eighteenth century dealt, then, with the rights and obligations of man in his individual and so­ cial capacity,— the philosophy of man in relation to himself and his fellows, as distinct from his relation to nature embodied in natural philosophy, and that to his Creator embodied in theology. Wither­ spoon termed it that branch of science which treats of the principles and laws of duty or morals, with two great branches, ethics, which relates to personal duties, and politics, which relates to the constitu­ tion, government, and rights of societies.8 “ Politics” becomes, there­ fore, co-extensive with the field of social relations 4 and resembles Aristotle’s idea of a science of human relations.5 The purpose of moral philosophy was to answer the question what ought to be, but not necessarily what is.6* Natural law has been defined as that law which, grounded in the innermost nature of man or of society, is independent of convention, 2 Samuel Johnson, Elementa Philosophica (Philadelphia: B. Franklin and D . H a ll, 1 7 5 2 ) , table between tw o parts. Elsewhere in this treatise Johnson refers to societies as o f tw o kinds: “ the one founded in Nature, viz, Families, the other in Com pact, viz. C iv il Government: Hence spring two other Branches o f M ora l Phi­ losophy , viz. OEconomics, which relate to the regulation o f Fam ilies; and P oliticksy which treat o f the Constitution and good Government of Citiesy Kingdomsy and R epu b licks” 3 John Witherspoon, Lectures on M ora l Philosophy (Princeton, N . J.: Prince­ ton University Press, 1 9 1 2 ) , pp. 1 and 4. 4 T h e Nevo E n g lish Dictionary notes the obsolete meaning o f politics as public or social ethics; as that branch o f moral philosophy dealing with the state or social organism as a whole. A n illustration cited was Bishop Fotherby’s Atheomastix (Lon don : N . Okes, 1 6 2 2 ) ; “ M o ra ll Philosophie . . . .

hath three parts: Ecclesi­

astickes, Oeconomickes, and Politickes.” 6 C f. H . Rackham, translator o f T h e Politics (London: W illiam Heinemann, 1 9 3 2 ), P- x ii: “ For Aristotle Political Science is the second h a lf of a subject of which Ethics is the first h a lf; indeed in the opening chapters o f the Nicomachean Ethics the term Politiké is applied to the w hole subject. It is the science of human affairs, o f man’s happiness or good.” 6 Sir James M ackintosh, A General View o f the Progress o f Ethical Philosophy (Ph iladelphia: C arey and Lea, 1 8 3 2 ), p. 7.

legislation, or other institutional devices.7 The problem of deter­ mining its principles may be approached from the theological or the rational point of view. It was natural law, both “ revealed” and “ rea­ soned,” that formed the theoretical substance of moral philosophy.» MORAL PHILOSOPHY IN THE COLONIAL CURRICULUM

So far as curriculum offerings in the colonial colleges are con­ cerned, the phrase “ moral philosophy” was not commonly used until about the middle of the eighteenth century when the influence of the Scottish realistic school of philosophy began to be felt.9 “ Ethics,” however, was a common subject of study.10 There are too few textbooks mentioned in connection with colonial courses in ethics or natural law to generalize on them at length. A summary of their contents, however, will give some notion of what 7 Georges Gurvitch, “ N atural L a w ,” Encyclopaedia of the Social Sciences, X I, 284-90. 8 Here may be noted Cotton M ather’s opinion o f ethics as “ a vile peece o f paganism.” See footnote 14, below. T h e reason for this attitude was no doubt the conviction that information on human relations was to be found in the teachings o f the Bible as expounded by the clergy. See entry in his diary for June 28, 1 7 1 6 in Massachusetts Historical Society Collections, 7th Series, V I I I , 357. 9 In the requirements for graduation from H arvard, however, the college laws for 1 655 mentioned as requisite training “ naturall and moral philosophy.” In the 1642 program candidates for the degree o f master o f arts were expected to be versed in “ M o ra ll Phylosophy.” Some writers prefer to use “ moral philosophy” only for the broader subject matter content o f the period fo llo w in g 1750. Bernard refers to moral philosophy and international la w as the “ successors” of the law o f nature and nations “ which began to break up into these tw o newer disciplines soon after

1750 , when the

impulse to realism com ing from the new economic and political problems o f the times was rendering the old metaphysical methods o f the la w of nature and nations schools relatively obsolete” (From L . L . Bernard, in Encyclopaedia of the Social Sciences> I, 329. B y permission o f T h e M acm illan Com pany, publishers). Earlier Bernard

and Bernard

commented that that portion

o f natural

law

which was fundamentally ethical began to be absorbed by the new realistic moral philosophy of the end o f the eighteenth century represented by Hume, Hutcheson, Smith, and Paley. See L . L . and J. S. Bernard, “ A Century o f Progress in the Social Sciences,” Social Forces, X I ( 1 9 3 3 ) , 4 8 8 -50 5. 10 See Chapter I.

“ political” matter was taught under “ Ethicks” and “ Naturall Law .” W hat text was used for the courses in “ Ethicks” and “ Politicks” under Dunster at Harvard cannot be determined. Morison com­ ments that President Dunster’s lectures on politics probably con­ sisted of readings from Aristotle’s great manual of political wis­ dom.11 H e admits, however, that no text of Politica with marks of early Harvard usage has come down to us.12 Meriwether declares that even though Aristotle is not named, unquestionably he was available through some of his commentaries.13 M ore.— T he 1723 program at Harvard listed Dr. M ore’s Ethicks for the third year.14 President Stiles of Y ale commented in his diary that “ W hen my Father was in Coll, they recited M ori Enchiridion Ethicum.” 15 This is H enry M ore’s Enchiridion Ethicum, which first appeared in London in 1666. It was no doubt studied in the original Latin, although there were two English translations in 1690 and 1701. 11 Harvard C ollege in the Seventeenth Century, I, 259. 12 In a survey of H arvard textbooks Norton could find no seventeenth-century textbook on politics nor any copy o f A ristotle’s Politics that m ight be identified with H arvard. See A rthur O . Norton, “ H arvard T ext-B o oks and Reference Books o f the Seventeenth Century,” Publications o f the Colonial Society o f Massachusetts, V o l. 28 (Boston, 1 9 3 5 ) , pp. 361—438. 13 C olyer

M eriwether,

Our

Colonial

Curriculum

1607—177 6

(W ashington,

D . C . : C apital Publishing C o., 1 9 0 7 ), p. 54. Bernard also states that the works o f Aristotle were in the curricula o f the higher grade colleges ( Encyclopaedia o f the Social Sciences, I, 3 2 5 -2 6 ) . Cotton M ather, however, stated that at Harvard “ they do not show such a veneration for Aristotle as is express’d at Q u eers Colledge in O xfo rd $ where they read Aristotle on their knees, and those who take degrees are sworn to defend his philosophy.” See his M agnalia Christi Americana (H artford, Conn .: Silas Andrus and Son, 1 8 5 3 ), II, 21. 14 M orison states that toward the latter part o f the seventeenth century M o re’s textbook came into use at H arvard. T h e system o f ethics expounded in this text w*as more Platonic than Aristotelian, and it accorded with Bartholomäus Kecker­ mahn in regarding ethics as distinct from theology. “ Doubtless it was the popu­ larity o f the Enchiridion at H arvard which led Cotton M ather, an exponent o f the inclusion o f Ethics in T h e o lo g y , to record in his diary a pious intention to bear public testimonies against ‘the E m p lo yin g o f $0 much T im e upon Ethicks, in our Colledges. A vile peece o f paganism’ ” ( Harvard C ollege in the Seventeenth Cen­ tury, I, 2 6 3 ). 15 O p. eit., II, 349. Stiles’s father graduated from Y a le in 1722.

The translation of 1690 16 has this sub-title: An Account of Virtue; ory D r. Henry M ore’s Abridgment of Moralsy Put into English. “ Ethicks are defined to be the Art of Living well and happily.” One chapter dealt with justice, which comprehends two parts: piety, by which is rendered to God the thing which is His y and probity, by which we give to every M an what is his own. And this may be divided into three parts, Political Oeconom ical and M oral. T h e first contains the Offices of the Magistrate towards the People, and of the People to the Magistrate.

The comment is made that it is not the part of a magistrate to act against reason or to be swayed by his own passions. W ollaston.— Stiles states in his diary that “ when I was Under­ graduate we recited Wollastons Religion &c delineated.” H e men­ tions it also as being in use when he became Y ale’s president in 1778.17 The first printed edition of Wollaston appeared in 1724.18 The book consisted of nine sections, including “ Truths respecting M an­ kind, antecedent to all human laws” and “ Truths respecting par­ ticular Societies of M en, or Governments.” In the section respect­ ing mankind in general, this statement occurred: “ Whatever is inconsistent with the general peace and welfare (or good) of man­ kind, is inconsistent with the laws of human nature, wrong, intol­ erable.” In the discussion of governments, man was referred to as a social creature and the end of society the common welfare and good of the people associated. Society supposes rules and laws with a power for altering as occasion shall require. These laws and deter­ minations must be such as are not inconsistent with natural justice. “ A society limited by laws supposes magistrates, and a subordination of powers: that is, it supposes a government of some form or other.” Guardians and executors of laws are “ the vitals of society.” Other 16 Henry M ore, Enchiridion Ethicum (E n glish trans, o f 1690 reproduced from the ist ed.j N ew Y o rk : Facsimile T e x t Society, 19 3 0 ). 17 O f . cit.} II, 349 and 388. Stiles graduated from Y a le in 1746. 18 W illiam W ollaston, T h e Religion of Nature Delineated (London: Samuel Palmer, 1 7 2 4 ).

precepts stressed the fact that a man may part with some of his natural rights in exchange for the protection and privileges of so­ ciety ; but that he retains natural liberty with respect to those things of which the laws take no cognizance. Wollaston noted also that so­ cieties (i. e., kingdoms and commonwealths) may defend themselves against other nations; and that war may lawfully be waged in de­ fense and for the security of a society, or for reparation of injuries. In truth, the condition of a nation seems to be much the same with that of a single person when there is no law, or no benefit of law, to be had: and what one man may do to another in that position, may be done by one nation or politic body with respect to another. Clap.— During the last year of his presidency at Yale, Clap is­ sued an essay on “ ethics or moral philosophy.” 19 T he book was brief, since he felt the necessity to condense for reasons of economy. In discussing the laws of nature, he noted that authors speak of them as the great fundamental principles of all moral duties, yet give very different if not contrary definitions. “ And I observe that whatever Fundamental Principle any Man fixes upon, let it be what it will, he calls it by the Name of the Law of N a t u r e H e devoted space to duties owing our neighbor. “ E very Man ought to perform the Duties incumbent upon him as a Member of Society.” The only other mention of governmental matters was in his discussion of “ de­ ception” where he mentioned stratagems of war. Here he commented on justifiable and unjustifiable instances of seeming or supposed deception, such as pretended retreat or misuse of the flag of truce. This is decidedly a volume in personal ethics, and if representa­ tive of Clap’s ethical teaching, would indicate omission of civic ethics.20 Johnson.— Samuel Johnson contributed the “ first textbook in 19 T hom as C lap , A n Essay on the Nature and Foundation o f M o ra l Virtue and Obligation: Being a Short Introduction to the Study of Ethics fo r the Use o f the Students o f Yale-C ollege (N e w H aven: B. M ecom , 1 7 6 5 ) . 20 M eriw ether considers C lap ’s treatise typical o f the spirit o f ethical instruc­ tion in the mid-century. T h e problem was simple: analyze perfection, learn its attributes, and cultivate them in your own person ( o f . cit.y pp. 1 2 7 -2 8 ) .

Philosophy published in America,” his Elementa Philosofhica,21 The volume has two parts: “ Noetica,” or the first principles of hu­ man knowledge, and “ Ethica,” or the first principles of moral phi­ losophy, and especially that part called ethics. In “ Noetica” he de­ clared that children should be taught moral and political connections and duties. “ It is necessary, in order to our Perfection, that we be trained up to act a good Part, under the Discipline of these Societies in our Progress towards it.” Polity he defined as the art of good government, both civil and ecclesiastical, which consisteth in the Communities agreeing on certain Rules and Law s founded in the common Interest, and enforced by proper Sanctions, in Conformity to which, every Individual is to resign to the publick or prevailing Sense . . . . as being the safest and most rational Method he can take, in order to secure his own best Interest and Happiness.

Everyone should be trained in resignation to the “Publick Sense.” “ Ethica,” first published in 1746, dealt with ethics, or morals, which had of late been called “ the religion of nature.” A pertinent chapter was that on the duties owed to our fellow creatures, “ or to those of our own Species and Society in general, and to our Rela­ tives in particular.” This volume offers no contribution to the litera­ ture of political philosophy, other than definition and a few precepts of social application. Hutcheson.— One other textbook deserves special mention.22 21 Samuel Johnson, Elementa

P hilos o f hica:

Containing Chiefly, Noetica,

or

Things relating to the M in d or Understanding: and Ethica, or Things relating to the M o ra l Behavior (Philadelphia: B. Franklin and D . H all, 1 7 5 2 ) . A lso re­ printed in Schneider, o f. cit., II, 357—518. In a letter dated Ju ly 2, 1752 Franklin commented on M r. A lison ’s appoint­ ment as instructor in the College of Philadelphia and added: “ M r. A lison under­ takes L o g ic and Ethics, making your work his text to comment and lecture upon” (M ontgom ery, o f. cit., p. 1 6 3 ). It is probable that the text was used in K in g ’s C ollege from its opening in 1754.. In 1763

under President Cooper there was

listed fo r the second year “ Johnson Noetica” and for the third year Johnson’s “ Compend. E th.” 22 Locke is cited as a “ standard author” for the C ollege o f Philadelphia in 175 6 , and Burlamaqui is cited as the text in natural law in 1756. Nevertheless, since these are single instances o f books that were used more extensively in the next period ( 1 7 7 0 - 1 8 2 5 ) comment on their contents is deferred. See Chapter V .

That is Francis Hutcheson’s A Short Introduction to Moral Phi­ losofhy first published at Glasgow in 1742, and used as a text at both Philadelphia and King’s College.23 A prefatory note addressed to students in universities pointed out that the three books of the treatise contain the elements of the branches of moral philosophy: ethics, and the law of nature, the latter comprising natural liberty, oeconomics, and politics. T o Hutcheson moral philosophy was the art of regulating the whole of life. “ The chief points to be enquired into in Morals must be, what course of life is according to the intention of nature?” Chap­ ters in book one dealt with the cardinal virtues, and our duties to­ ward God, mankind, and ourselves. Book two discussed the nature of rights and their several divisions. T he state of natural liberty is “ that of those who are subjected to no human power,” and is one of peace and good will. Seven chapters of book three were devoted to “ Politics.” First, the origin of civil government was considered. “ A state or civil so­ ciety is, ‘a society of free men united under one government for their common interest.’ ” Some deed or contract of the people must be the sole origin of all just power. Another chapter classified the various forms of government and evaluated them according to wisdom, fidelity, and secret and speedy execution. W here all three of the simple forms are artfully compounded, that form is best. As natural liberty is the “ right of acting as one inclines within the bounds of the law of nature,” so it may be said that a people enjoys liberty when each is allowed to act as he inclines within the bounds of civil law. L aw should never be looked upon as subversive of liberty. In discussing civil laws and their execution, it was stated 23

Francis Hutcheson, A Short Introduction to M o ra l Philosofhy in Three Books,

Containing the Elements o f Ethicks and the La 1786. Is the voice of the people the voice of God? Aff. 1733. Nathanael Whittaker. Is civil government more favorable to human liberty than entire freedom from legal restriction? Aff. 1737. 11 Sibley’s H arvard Graduates, V ol. IV , 16 9 0 -170 0

(Cam bridge, Mass.: H ar­

vard University Press, 1 9 3 3 ), p. 209. 12 Ibid*, p. 219. 13 Ibid,, p. 3 17. 14 E dw ard J. Y o u n g, Subjects fo r M a sters D egree in Harvard College 16$$— /79 1

(Cam bridge, M ass.: John W ilson and Son, 1S 8 0 ). Several names o f stu­

dents have been added from the brief list in M orison ( Three Centuries of Harvard, pp.

9 0 -9 1)-

Is the abundance of paper money, received from the neighboring Colony, a serious hindrance to our commerce? A ff. 1738. Is agriculture a greater benefit to the state than commerce? A ff. 1742,

I 75I > 1753» 1773Is it lawful to resist the supreme magistrate, if the commonwealth can­ not otherwise be preserved? A ff. 1743. Samuel Adam s.15 Does civil government originate from compact? A ff. 1743, 17 4 7 , 175 1, 17 6 1, 1762. Samuel Downe, Thom as Cushing, Charles Chauncey, Thom as W entw orth, and Nathan Goodale. Does the multiplication of laws tend to the advantage of lawyers, rather than to the state? A ff. 1753. Are the calumniators of the commonwealth more injurious than the smugglers of merchandise? A ff. 1753. Is civil government absolutely necessary for men? A ff. 1758. John Adams. Is an absolute and arbitrary monarchy contrary to right reason? A ff. 1760 .16 Is the man who has an ardent passion for accumulating riches a greater injury to the state than a spendthrift? A ff. 17 6 1. Has the legislature of a kingdom the right to change the established mode of legislation? N eg. 176 5. Can the new prohibitory duties, which make it useless for the people to engage in commerce, be evaded by them as faithful subjects? A ff. 1765. Elbridge Gerry. Is it legal, under the British government, to collect taxes by military force? N eg. 1766. Does a promise that has been given bind the highest magistrate in a civil government? A ff. 176 7. Caleb Strong. 15 T h is thesis topic is practically all we know o f Samuel Adams* college life. (James K . Hosmer, Samuel Ada?ns. Boston: Houghton, Mifflin and Co., pp. 1 6 - 1 7 . ) 16 Morison says 1759 ( Three C entunes of Harvard, p. 9 1 ) .

1892.

Is a just government the only stable foundation of public peace? Aff. 1769. William Pepperell. Are the people the sole judges of their rights and liberties? Aff, 1769. John Hunt. Is a government tyrannical in which the rulers consult their own interests more than that of their subjects? Aff. 1770. Thomas Bernard. Is a government despotic in which the people have no check on the legislative power? Aff. 1770. Increase Sumner. Under “ Questions relating to Ethics,” there are several that re­ late to the state and its regulations: Are duels lawful? Neg. 170$ and 1709. (Already noted asNeg. 1690.) Do laws purely penal bind the conscience? Neg. 1704. Is the power of sinning, liberty, or any part of liberty? Neg. 1718. Can anything that is injurious to society be advantageous to the individual? Neg. 1724. Is it lawful to sell Africans? Neg. 1724. Is it wrong to smuggle goods, for the purpose of withholding revenue from the king? Aff. 1725. After a war has been declared by the government, should every private citizen inquire into its causes, and perceive its equity, before he takes up arms? Neg. 1738, 1740, 1754, 1768. Ought a son to deliver up his father, if that father should plot the ruin of his country? Aff. 1741. Are the offspring of slaves born slaves? Neg. i 766. Is capital punishment as effective in deterring men from crime, as sentence to hard labor for life? Neg. 1769. YALE COLLEGE

A thesis of interest at the Yale commencement of 1746 was de­ fended by E zra Stiles (president of Yale 1778-95) : Jus regem non

est jure divino haereditarium (T h e hereditary right of kings is not of divine authority).17 COLLEGE OF NEW JERSEY

A t the 1750 commencement of the College of New Jersey a series of propositions ran as follows: 18 In the state of nature with certain exceptions so far as government is concerned men are equal; therefore, the right of kings has its origi­ nal foundation from a compact of the people; therefore, the rival of George II, our K ing (by the highest right) vindicates for himself the right to rule in Great Britain not less unjustly than vainly.

In 1760 twenty-nine propositions were advanced in ethics. These were mostly concerned with the personal sense of right and wrong and with the effort to maintain individual righteousness. T he fol­ lowing had more social implications: 19 28. A clement mild government conduces very much to the increase of the number of subjects and of rendering them obedient to the laws.

In 1762 under the* rubric Ethica these propositions were pre­ sented: 20 A ruler endowed with civil virtue though without military glory is much preferable to a prince who though without civil virtue is very illus­ trious for his courage in w ar. Absolute liberty belongs to no form of government. COLLEGE OF PHILADELPHIA

The first commencement of the College of Philadelphia was not held until 1757. In order to afford “ a more public exhibit of his work and display the success of his pupils,” a program was planned by Provost Smith for July 12, 1755. “ Philosophical discourses” 17 Holmes, o f . cit.> p. 14.

18 Walsh, o f « eit., p. 169. 19 I b i d p. 172 . 20Ibid., pp. 1 7 2 -7 3 .

were delivered under two heads: Moral, and Miscellaneous and Political. Under the latter were listed these “ political” subjects:21 4. On the Distribution of Power and different Forms of Government. 5. On the Necessity of human Force to the Support of human Govern­ ment. 6. On the Question— “ Whether a State of Nature (so-called) be a State of W ar?”— By three Speakers in the Forensic Manner. Among the political theses defended at commencement as early as 1761 there were propositions that suggest a struggle for inde­ pendence or at least armed resistance to tyranny.22 1. Civil government arises from contracts (factis). 2. The form of government in which the supreme authority is granted to the king, to the nobility and to the people conjointly is best constituted. 3. It is allowed to resist the supreme magistrate if the commonwealth cannot be otherwise preserved. 4. Laws by which tributes are imposed that are necessary for the pro­ tection of the State cannot be violated by the citizens without incurring the crime of theft. In the division of ethics, D e jurisprudentia naturali, the following appeared among others: 23 I . In every law there are two parts, a precept and the sanction. 6. All men are by nature equal. 8. The right of authority among men does not arise from any superior dignity of nature. T he Theses Politicae of 1762 were in part as follows: 24 Society must be cultivated and preserved by every man in so far as he can. 4. It is not allowed to give up an innocent citizen to the enemy even to prevent the imminent ruin of the republic. I.

21 M ontgom ery, o f. cit.y pp. 2 3 0 -3 1 . 22 W alsh, o f . cit.y pp. 2 2 4 -2 5 . 23 Ibid.y p. 229.

2* I b id .y pp.

2 3 3 -3 5 .

6. Arbitrary power over individuals or whole people cannot be acquired by conquest. 7. There is no unlimited right of any man over another. 8. W here right ends there injury begins and the right of resistance asserts itself. 9. A ll parts of supreme government may be not improperly reduced to the legislative, federative and executive.

In 1763 the Theses Politicae included: 25 T h a t civil power is alone just which makes for the common benefit. T h e rights of the people are as divine as those of their rulers. COLLEGE OF RHODE ISLAND

On September 7, 1769 at Warren, R. I., the first commencement of the College of Rhode Island was held, with seven graduates. The order of exercises was reported in the Newport Mercury for September 11. A forensic dispute in English succeeded the salutatory address: “ The Americans, in their present Circumstances, cannot, consistent with good Policy, affect to become an independent State.” M r. James M . Varnum, says the account, “ ingeniously defended it by cogent Arguments, handsomely dressed, though he was subtilely, but delicately opposed by M r. W illiams; both of whom spoke with much Emphasis and Propriety.” 26 Walsh noted under Politia in 1769 this proposition also: 27 A ll power of making laws and inflicting penalties is derived from the people; therefore, For a Senate to impose taxes upon a people who are not represented in that Senate (legislative body) is not just. OTHER COLLEGES

There is a marked similarity among the commencement theses in all the colonial colleges. T he propositions are almost identical, with only verbal differences.28 Although there are no theses on record 25 Walsh, o f . eh., pp. 2 3 5 -3 6 .

26Bronson,

o f. cit.y pp. 4 0 -4 1 .

27 O f . cit.y 258. 28 Ibid., pp. 1 19 -2 0 .

from W illiam and M ary or from King’s College, there is the tradi­ tion of these colleges also having used this method of instruction. The importance of disputations as academic exercises is shown in the special mention they receive in college statutes and in the fact that they were presided over as a rule by the president, week in and week out during the school year. To avoid discomfiture the student had to be precise in his terms. H e had to study the meaning of the thesis he was to defend or oppose, in order to concede, deny, or dis­ tinguish the various parts of his opponent’s syllogism. H e could not expound rules learned by rote, but had to demonstrate and defend definite principles. Unquestionably the disputation was an excellent means of teaching principles. It stimulated controversy and pro­ vided a genuine political education, for political principles are to be found in the colonial commencement theses, stressing both rights and duties, and also aggressive action. T he number of theses listed under the heading of ethics was usually larger than that under any other except occasionally physics. Ethics or moral philosophy was taught by the president of the col­ lege as a rule and was considered the most important course in the last year. These ethical propositions represented definite moral prin­ ciples for the guidance of conduct, not only for personal but also for political conduct. In practically all colleges from w h id n v e have commencement theses, as the Revolution approached, there were groups listed under the title of politics and others under natural jurisprudence, though as a rule moral principles were included un­ der the term ethics. Some of these theses set forth the fundamental principles on the strength of which the colonists asserted the rights they thought themselves entitled to and the grievances that violated these rights. T hey show at first no thought of political independence. W hen abuses increased, students as well as men of affairs went back to first principles; inquired into the origin and basis of civil govern­ ment, the foundation of royalty, and the. divine right of kings. I f it be assumed that the propositions for commencement disputa­ tion had been the subject of demonstration by instructors in phi­ losophy during the college course, and’had been seriously discussed

and defended by the students during their weekly disputations, then the goodly number of propositions that were political in character indicate instruction in the elements of political science, to an even greater extent than is indicated by the texts in use. It is entirely possible also that the subjects chosen by candidates for the second degree (of which we have a more extensive record than of bachelors’ theses) were not necessarily the results of any academic discipline. T hey may well have been selected by students who were not primarily interested in academic subjects. T he fact remains, however, that the graduating theses of colonial colleges disclose a deep interest in public questions. W hether they be con­ sidered an outcome of courses in philosophy or divorced from any association with previous instruction, these propositions are them­ selves evidence of political education, and of cogitation on the theory of the state and on the relation of established government to public welfare and happiness.

PART

TWO

The Period of Independence and Federation 1770 -18 2 5

C O L L E G E C O U R S E S B E A R IN G O N P O L IT IC S , 1770 -18 2 5 B y 1770 nine colleges had been established in British North America. T o some extent the elements of political science were taught in all these colleges through moral philosophy or “ ethicks.” An examination of textbooks in ethics reveals that man’s relation to civil society was considered, even when the treatise was most con­ cerned with personal duties. Actual mention of “ government” in the course listings for King’s College and the College of Philadelphia is evidence of academic recognition of politics as a phase of philosophi­ cal instruction. The titles of theses defended at commencement (presumably previously disputed in the classroom) indicate familiar­ ity with political philosophy and its application to contemporary problems. Events after 1770 moved swiftly toward a political revolution and the establishment of a federal republic. The extent to which developments in political education paralleled those in actual gov­ ernment will be seen in the following accounts of curriculum offer­ ings in individual colleges. UNIVERSITY OF PENNSYLVANIA

T he program at Philadelphia by the end of the colonial period mentioned history, government, law, and commerce,1 but so rich a program was not long maintained. In 1779 the college charter was declared void, and a new institution, the University of the State of 1

C f. Charles A . and M a r y R . Beard, T h e Rise o f American Civilization (N e w

Y o rk : M acm illan Co., 19 3 0 ), I, 1 7 3 : “ T o suggest that it anticipated the most enlightened program evolved by the liberal university o f the late nineteenth cen­ tury is to speak w ith caution.” Reprinted by permission o f the publishers.

43

Pennsylvania, was created.2 In 1791 the two institutions merged to form the University of Pennsylvania.3 During this period “ almost the best that can be said of the institution is that recitation and lecture work were maintained.” 4 The rules and statutes o f i 8 n , 1817, and 18205 provided for in­ struction in moral philosophy. In 1820 the provost in addition taught the seniors “ natural and political law.” Textbooks for the senior year were listed as “ Hutchinson, Paley, Smith or W ither­ spoon.” This was also the general program for 1826.6 Throughout the latter part of this period the professor of moral philosophy taught numerous other courses. For instance, the 1826 laws pre­ scribed that the “ Prof. Mor. Phil., etc.” shall instruct the sopho­ mores in rhetoric and criticism, and English composition; the juniors in logic, grammar, moral philosophy, natural theology, composi­ tion, and forensic discussions; and the seniors in natural and political law, metaphysics, and composition and forensics. This burden of teaching duties militated against a thorough training in the elements of moral philosophy. COLLEGE OF WILLIAM AND MARY

The name of Thomas Jefferson is associated with developments at the College of W illiam and M ary in the field of political studies. In 1779 he secured the establishment of a professorship of “ Law & Police” and the addition of “ the law of Nature & Nations” to the subjects taught by “ the M oral professor.” 7 George W ythe was 2 A n interesting- comment on the curriculum o f this “ University o f Pennsyl­ van ian is by Ezra Stiles who stated that Provost E w in g “ teaches L o gic & M etap. & Ethics, Ethics contain5 Jurisp. & Politics” ( Diary, II, 5 5 1 ) . 3 Stille, o f. cit., pp. 5 7 -5 8 . 4 Snow, o f. cit.} pp. 12 9 -3 0 . 5 Ibid.) pp. 13 5 —40. 6 Ibid.) pp. 140—41. 7 In 1779 a committee o f the V irginia legislature presented a bill to amend the charter of the college and to increase its professorships to eight. A lth o u gh the b ill did not pass, its provisions were to a considerable extent realized through the board o f visitors. On June 1, 1779 Jefferson became governor and therefore one o f the visitors. “ I effected during m y residence in W illiam sburg that year, a change in

named professor of law and police. In 1784 President James Madi­ son assumed the duties of instruction in natural and moral philos­ ophy. In 1792 a new edition of the college statutes *8 provided for two kinds of bachelor’s degrees: arts and law. For the degree of “ Batche­ lor of Arts” the student must be well acquainted among other sub­ jects with “ Natural Law, Laws of Nations, and the general principles of politics.” For “ Batchelor of Law ,” the candidate must have the requisites of the “ Batchelor of Arts” ; “ he must moreoyer be well acquainted with civil History, both Ancient and Modern, and par­ ticularly with municipal L aw and Police.” 9 In a pamphlet written in 1795 by St. George Tucker, Judge of the General Court of Virginia and at that time professor of law at W illiam and M ary,10 the following statement appeared regarding the college: In moral philosophy the students are examined from the ablest writers on logic, the belles lettres, ethics, natural law of nations and politics . . . . the organization o f that institution.”

See Autobtografhy of

Thomas Jefferson

1 7 4 3 -1 7 9 0 (N e w Y o rk : G . P. Putnam’s Sons, 1 9 1 4 ) , p. 78. Adam s in 1887 commented that the subject o f “ police” was “ much the same as the m odem science o f administration, which is just beginning anew tcrtreep into our university courses”

( T h e C ollege of W illiam and M ary, p. 3 9 ) . Johnson’s

eighteenth-century Dictionary referred to “ police” as “ the regulation and govern­ ment o f a city or country, so far as regards its inhabitants.” In J u ly 1780 President Stiles o f Y a le wrote to President James Madison o f W illiam and M a r y to inquire concerning the course o f study. M adison’s reply mentioned the change o f 1 7 7 9 : “ T h e Society at present consists o f a President,— who is alw ays to be one o f the Professors, and is now Prof, o f M ath . & N at. Ph ily. 2. o f L a w & Police. 3. o f Chym istry & Medicine. 4. o f Ethics & y e Belles Lettres. 5. o f M odern Languages” (Stiles’s D iary, II, 4 4 5 -4 9 ) . 8 “ Statutes o f the C ollege in 17 9 2 ,” W illiam and M ary C ollege Quarterly, X X ( i 9 ï i ) , 5 2 -5 9 . 9 T w e n ty -fiv e years later ( 1 8 1 7 ) the only change was the addition o f “ p olitical economy.” 10 A Letter, to the R e v . Jedediah M orse . . . . by a citizen o f Williamsburg (R ichm ond: Thom as Nicolson, 1 7 9 5 ) . Reprinted in W illiam and M ary College Quarterly, II ( 1 8 9 4 ) , 1 8 2 -9 7 . T u c k e r had resented Morse’s strictures on W illiam s­ bu rg and the C ollege in the latter’s American Universal History.

In law a course of lectures is annually delivered on the principles of civil government of the United States, and of the State of Virginia.

In the years 1795 to 1797 the Duc de L a Rochefoucauld-Lian­ court visited the United States. H e described the course of study at William and M ary as including natural and moral philosophy, and natural and civil law.11 Until 1815 detailed information regarding the course of study at the college is known only from stray accounts by students.12 In a letter dated March 4, 1798 Joseph Cabell wrote to David Watson that the political principles of the greater part of the Students are purely Democratic. Rousseau seems to be the standard book on Politics & of consequence the government of the People is the great desideratum with us. Democrats we have in abundance, some moderate, some warm , and some red hot.

Another letter from Cabell dated July 8, 1798 declared: M r. Madison has been much pleased with the Attention & improvement of his political class of this course, in the respective subjects of their Enquiry.............. T here is nothing which ever does or ought to attract the attention of those who feel an interest in this College more than the Political opinions of the Students. T h is attention should be redoubled at this Crisis, when Parties rage high in our Country & when a mode of think­ ing, both dangerous & illusory, is spreading Rapidly among us. W atson, when Rousseau, Montesquieu, Smith, & Vattel are the Text-books on 11 Travels through the United States o f N orth America . . . .

in 17 9 5 , 179 6 ,

and 17 9 7 (2d e d .} London: R . Phillips, 18 0 0 ), III, 48. 12 A number o f letters have been preserved that passed between tw o brothers,— Joseph Shelton Watson, a student, and M a jo r D a v id Watson, who had graduated from W illiam and M a r y in 179 7. Some o f these letters were reprinted in the Virginia M agazine of History and Biography in A p ril 1921

( “ Letters from W il­

liam and M a ry College, 1 7 9 8 -1 8 0 1 ,” X X I X , 129—7 9 ) . T h e issue for J u ly 1921 has other manuscript letters to D a v id Watson from friends at W illiam and M a r y ( “ Letters to D a v id W atson,” X X I X , 2 5 7 - 8 6 ) . In the M anuscript Division o f the Library o f Congress are several letters which this same D a v id W atson received from Joseph C. Cabell.

Politics at this College, how car* the Political tenets of the young-men, be wrong? From the calm and Ratiocinative method of Studying Politics, at W 111 & M ary, I regard [a? ] political creed as a good Criterion of the fluctuations in the public mind...............

In a letter of November 4, 1799 to his brother David, Joseph Watson spoke of the esteem in which Godwin is held, presumably referring to the latter’s Inquiry Concerning Political Justice and Its Influence on General Virtue and H affiness ( 1793).13 On January 17, 1801 he wrote David Watson as follows: W m & M ary prospers. T h e number of her students is about sixty. In a former letter I acquainted you with the subjects of my study here. In the Political Course we are advanced as far as Smith. W e have read Rousseau. T h e Bishop has introduced Locke upon Government which we have read also. I have also read Paine’s Rights of M an and a short dis­ sertation of his upon the subject of Government. These three are authors, I believe, the most celebrated, and, perhaps, the most excellent that have written upon the Science of Politicks. I suppose it will be considered an act of treason against truth, to utter a syllable to the prejudice of Rousseau. W hen I reflect on the mighty fame which his treatise on the' Social Com ­ pact has acquired, I almost tremble at accusing him of error. But when I listen to the suggestions of my individual understanding, I am compelled to declare that I think his w ork open to the most important ©Ejections. Locke, upon the fundamental principles of G ov. is excellent. But when he endeavors to apply and fit these principles to the English C on­ stitution, he is obliged to give them a most cruel distortion. Another great fault in Locke is, that he is so exceptionally diffuse, and beats the same track continually over again, that he almost exhausts the patience of the reader. I know not what objection may be urged against Paine. His style is some times perhaps a little loose. But he pursues truth by so direct a line, and expresses himself in a manner so forcibly expressive, that every one must read him with exalted admiration and delight. 13

T h is volum e has no reference to political ethics in the limited sense, since

political justice to G odw in consisted in the adoption o f any principle of m orality and truth into the practice o f a community $ he dealt therefore rather broadly with social mores. A n opposing opinion is that o f C abell who considered that G odw in’s influence had waned (letters o f M arch 4, 1798 and A p r il 6, 1 8 0 1 ).

On March 2, 1801 (A. R. 25, as he wrote it), he referred to the election of Jefferson. T h e news of it produced at W m & M ary that animated joy, which you no doubt suppose it naturally excited. Indeed, to be candid, I think our joy almost bordered on madness.14

In a letter of April ist, Anno 25, he wrote: Upon the subject of politicks (taking this term in the common accepta­ tion) I feel the necessity of Historical information. A man by reading the works of Rousseau, Locke, and Paine, may certainly acquire im­ portant ideas upon the subject. But here he is always obliged, in a measure, to take the [their? ] ideas. O n the contrary he who has a knowledge of history and has founded his ideas on fact, feels himself fixed upon a law which nothing can ever shake.

A letter from Chapman Johnson to David Watson October 27, 1800 stated: T h e students are about to institute a Society, upon a model not frequently practiced here; but which, I think almost the only one, that can be of material advantage to the members. It will be organized on the prin­ ciples of a legislative assembly, as far as the rules will be applicable. T h e Bishop will be President . . . . He who wishes to make himself con­ versant in the proceedings of a legislative body, or aspires at the seat of a legislator, may more familiarize himself with their rules and acquire an interesting qualification for a representative...............

CabelPs letter of April 6, 1801 remarked that the society with Madison as its head “ existed but a very short time.” Madison was deeply interested in the project and “ wounded when it failed prodigiously.” President Madison died in 1812. H e was succeeded by J. Augus­ tine Smith in 1814.15 In 1815 the course of study endorsed by the 14 T h is accords with CabelPs comment in 1798 that the greater part of the students were avowed Democrats. 15 Smith had been a professor of medicine. His background contrasts with that o f Madison who had studied law and was admitted to the bar before he turned to the ministry.

board of visitors 16 provided for moral philosophy in the first year; natural and national law the second year; and in the third year, government and political economy. During this final year, “ Students may, at their election, attend lectures on Municipal Law .” In 1817 the textbooks used in the college were listed in the catalog issued for that year. T hey included Paley’s Moral Philosophy in the first year, Vattel’s Law of Nature and Nations in the second or junior year, and Smith’s Wealth of Nations in the third or senior year.17 Mention was made in the 1817 catalog of a syllabus of lectures on government prepared for the use of the senior class. In his preface to the printed version the president stated that his first lectures on government had been delivered the previous year.18 Recognizing the difficulty students have in comprehending discourses on abstruse subjects, he had “ made diligent inquiry for a suitable text-book.” H e found Rousseau’s Social Compact used by his predecessor to be “ cer­ tainly objectionable.” A review and commentary upon Montes­ quieu’s Spirit of Laws which was recommended by a very eminent political character, through the medium of a friend was soon laid aside, notwithstanding its merits, so defective was its arrangement . . . . Under these circumstances the . . . . Syllabus was, of necessity, prepared for the press.19 16 “ C o llege

Papers,”

W illiam

and M ary

C ollege Quarterly, X X V

(1917),

2 3 6 -4 * . 17 T h e Officers^ Statutes and Charter o f the C ollege of W illiam and M ary (Philadelphia: W illiam F ry, 1 8 1 7 ) , p. 62. 18 F o r a discussion o f this syllabus see Chapter V . 19 T h e correspondence between Thom as Jefferson and Joseph C . Cabell in 18 16 reveals the identity o f the “ friend” and the “ very eminent political character.” In a letter o f January 23, 18 16 Cabell added this postscript: “ P. S. D r. Snpth, President o f W illiam Sc M a ry , has desired me to ask the favor o f you to recommend a text­ book on the principles o f government, for the use o f the students at that C ollege. He is not satisfied with either Locke or Rousseau.” Jèfferson replied February 2, 1 8 16 : “ D r. Smith, you say, asks what is the best elementary book on the principles o f government? None in the w orld equal to the R eview o f Montesquieu, printed at Philadelphia, a few years ago. It has the advan­ tage, too, o f being equally sound and corrective o f the principles o f Political E conom y, and a ll within the compass o f a thin 8 vo. Chipm an’s and Priestley’s Principles o f Government, and the Federalist, are excellent in many respects, but, fo r fundamental principles, not comparable to the R eview .”

H e added that government was a subject to which his attention had very lately turned, and concluded with this statement, significant alike for the claim of uniqueness in political instruction, and also for the unabashed declaration of indoctrination as an objective: “ From the only political chair in the Union, the purest principles of re­ publicanism should undoubtedly be promulgated.” COLUMBIA COLLEGE *20

In “ The Plan of Education” of Columbia College, issued in 1785, a sophomore course in history was given by the professor of geography, the Reverend John D. Gros.21 The senior class studied “ Ethics, with an historical view of the systems of the Ancient Phi­ losophers.” Two years later the trustees provided for a professor of moral philosophy, a subject taught by Gros since his first connection with the college.22 In June 1792 a committee of the trustees ap­ pointed “ to see what additional Professorships are wanting in this college and at what salaries,” 23 reported that among others there Cabell commented in his letter of A u gu st 4, 18 16 : “ D r. Smith has adopted the R eview o f Montesquieu as the text-book on the Principles o f Government, for the students of W illiam & M a r y .” See Early History of the University of Virginia (Richm ond: J. W . Randolph, 1 8 5 6 ), pp. 4 7, 53, 69. 20 In M a y 1784 K in g ’s C ollege became Colum bia C ollege under the direction o f the Regents of the University o f the State o f N ew Y ork. 21 Snow, o f. cit.y p. 94. T h e statutes o f 1788 confirmed this broadside. See T h e Statutes of Columbia C olleg e in N ew York (N e w Y o rk : W illiam Ross, 1 7 8 8 ), p. 16. T h e subject matter o f the course was as follow s: “ Description o f the Globe in respect o f all general matters. Rise, extent, and fall o f Ancient Empires y Chro­ n olo gy as low as the fall o f the Roman Empire ; present state of the W o r ld j origin o f the present States and Kingdom s, their extent, power, commerce, religion and customs. M odern chronology.” 22 A History o f Columbia University / 7 5 4 -/ 9 0 4 , p. 73. 23 A t a meeting o f the Regents in Novem ber 1784 a committee was requested to “ report the plan o f education for the present, and the number o f officers ncessary to carry it into execution.”

The

committee recommended the establishment o f

additional professorships, am ong them chairs in the L a w o f Nature and Nations, in the Roman C iv il L a w and M unicipal L a w , in C iv il H istory, and in Commerce, T h e recommendations were not adopted, but the report shows a recognition o f the need for additional instruction ( ibid.y pp. 6 3 -6 6 ) .

were needed professors of law and of ancient and modern history.24 In July 1794 Professor Samuel Latham Mitchill reported “ the present state of learning in the College, collected from written statements handed in by the professors.” 25 Under the Faculty of Arts was noted the fact that moral philosophy was taught by Gros: The system of that science in Columbia College comprehends an Intro­ ductory Treatise on the different states and conditions of man............. Then follows a three-fold division of the course: I. The first explaining the first Principles and Laws resulting from the nature of man, and his natural relations to God and his fellow-creatures, by which human con­ duct ought to be regulated in a manner becoming the dignity of human nature, and conformable to the will of God. This constitutes the Law of Nature............. 2. In the second part of the system those general principles are applied to the different states, relations and conditions of man, comprehending (a) Ethics, or our duties to God, ourselves and others, (b) Natural Jurisprudence, laying down the principles of perfect and imperfect rights— the perfect obligation we owe to others— not to do an injury— to give every one his due, etc., the natural rights of preventing and defending against injuries— the natural rights of war, their nature and extent— all these rights in a well regulated state are lodged with and regulated by government. Rights in things: rights of property, commonly, use, usufruct, and the modes of acquiring those rights by occupancy, pact or law: natural rights of inheritance? Rights of Persons: slavery unnatural— the universal law of society— subordina­ tion of societies— civil society— parental and domestic societies. Civil Government: fundamental law of civil government— citizens, rulers and the rules— rights of sovereignty explained and exemplified— duties and obligations of citizens in respect to government— their rights, dif­ ferent forms, and qualities of government— distribution of powers in limited governments— ideas of constitution, convention, and final de­ termination of the concerns of a limited government— rights of sover­ eignty naturally limited, and despotism naturally unlawful. 3. The Law of Nationsy as founded in nature, makes the third part: law of peace, 24 Ibid., p. 75. In December 1793 the professorship o f la w was filled by the elec­ tion o f James Kent. See Chapter V I. 25 Ibid., p. 77. Pamphlet reproduced, pp. 7 7 -8 0 . Reprinted b y permission of Colum bia University Press. A lso in Snow, o f . c i t pp. 9 7 -1 0 2 , under date o f 1792.

defence, war and neutrality— the natural rights of national intercourse — treatise of peace, alliances, armistice, sponsions, etc.,— the natural rights of territory and jurisdiction. O f this course the Professor has pub­ lished an ample text book.28 A committee of the trustees named in February 1808 to inquire into the existent state of learning in the college and “ to report a System of Discipline” presented its report in 181O.27 History and chronology were provided for both sophomore and junior years; “ Elements of Ethics” for the junior year; and “ Law of Nature and Nations” for the senior year.28 T he statutes for 181 1 embody this program.29 In 1817 the Reverend John McVickar was elected to the chair of “ Moral Philosophy, Rhetoric, and Belles-Lettres.” 30 A t his re­ quest the subjects of intellectual philosophy and political economy were in 1818 added to his departmental program.31 W hen the trustees adopted a new body of statutes in 1821, both moral phi­ losophy and political economy were listed as senior subjects of study.32 YALE COLLEGE

O f the two older New England colleges Yale was the more prom­ inent in the last quarter of the eighteenth century, due to the reputa26 For a summary o f text content see Chapter V . 27 A History of Columbia University / 7 5 4 -/ 9 0 4 , pp. 89—92. Also in Snow, o f.

cit.y pp.

10 2 -4 .

28 T h e departments o f the F acu lty o f Arts offering these courses were: G eo gra­ phy, Chronology and History j and “ the Science o f M in d and M orals, with the Principles o f Public L a w .” 29 Snow, o f. cit.y pp. 1 0 5 -6 . 30 Gros had resigned in 1795. M cV ick a r’s predecessor was the Reverend John Bowden (1 8 0 1 —1 7 ) . Since his published w ork had to do with church polity, it is likely that religious emphases characterized his teaching and that the scope o f moral philosophy was more restricted than under Gros. C f. Elbert Vaughan W ills, “ John M cV ickar, Economist and O ld -T im e C ollege T eacher,” Educationy L I I 112 . 31 See Chapter V I. 82 Statutes quoted in Snow, o f. cit.y pp. 1 0 7 -8 .

(19 3 1),

tion of its president Ezra Stiles (1778 -9 5), who has been called the “ most learned man of his day in New England.” 33 H e was elected president of Yale College in 1777 and also pro­ fessor of ecclesiastical history.34 Textbooks in use at that time in­ cluded Wollaston’s Religion of Nature Delineated and President Clap’s essay on ethics.35 An entry in his diary for June 18, 1779 reads: “ The Senior Class finished Locke on Hum. Und. V. 2 and I ordered them to study President Claps Ethics.” On June 24, 1779 he noted: Yesterday I put the Senior Class into President Claps Ethics or Moral Philosophy . . . . thro’ the Confusion of Times the Seniors have re­ cited no Ethics for several years. 33 W oolsey, A n Historical Discourse, p. 33. F o llo w in g his graduation from Y ale, Stiles studied la w and practiced until 1755 when he entered the ministry. T h e legal and political know ledge he acquired “ en­ abled him afterward, when in the presidency, to giv e, with peculiar advantage, occasional lectures, on la w and government, to the university at large? and, at the same time, to guide the studies, and facilitate the progress, o f such particular students as were destined for the bar.” Comment o f A biel Holmes, T h e L ife of E zra Stiles (Boston: Thom as and Andrews, 1 7 9 8 ), p. 25. A ccording to Holmes, he read the best institutes and principal reports? examined Jus C iv ile ; studied the common la w o f E ngland, it being the most generally used? learned the political constitutions and judicial procedures o f all thirteen of the British provinces? and examined the great principles o f the laws o f nature and nations, the forms o f ancient government, and the actu ally existing constitutions of the various empires o f the w orld. 34 T h is was the first formal recognition o f the subject o f history, according to D exter (quoted by Adams, T h e Study o f History in American Colleges and Universities, p. 5 1 ) . T h ere is abundant evidence, adds Adam s, that the interpretation o f the field was broad, and that Stiles taught general history. On Novem ber 28, 1780 he noted in his diary: “ T h e Business o f the Professor­ ship o f D iv y now devolves on me for the present? and besides m y Histy Lect. I w eekly g iv e a public Disserta or two on some philosophical or astronomical sub­ ject besides m y private or chamber Lecture on T h e o lo g y every Saturday afternoon. A n d besides these I attend every day the Recitations o f the Senior Sc Jun. classes in Philosophy, i. e. each one R ecita a day. So that I am called to fill the offices o f three Professorships Sc the Presidency at the same time.” Under date o f November 9, 1779 he listed in his diary ( o f . cit.y II, 387—88) “ Books recited by the several Classes at m y Accession to the Presidency.” T h e seniors recited the fo llo w in g : “ Locke Human Understand®, W ollaston’s R el. Nat. delineated, Sc for Saturdays W ollebius, Am esij M edulla, Graec. T est, (or Edw ds on the W ill sometime discontinued). Presid* Claps Ethics..............”

The laws of the college for 1787 36 provided that the president and tutors each instruct his own class in the three learned languages and liberal arts and sciences. In the fourth year students were taught “ Metaphysics, Ethics, History and civil Policy.” On March 12, 1789 Stiles stated: This day I introduced for the first Tim e Montesquieux’ Spirit of Law s as a Classical Book into Y ale College. T h e Senior Class began to recite the first Vol. this day. It never was used here before. But it has been recited in Jersey Coll. ph. 3 or 4 years.

On July 17, 1789 he reported that the senior class had finished re­ citing volume two.37 Clap’s Ethics was still being used, as is evident from a diary entry for July 17, 1790, supplemented by lectures by the president. In July 1792, however, mention was made of a new author: 38 July 2, 1792. Seniors began Paleys M oral Philosophy, July 16, 1792. Finished Paley’s M or. Phil.

On March 6, 1793 Stiles commented: T h e Senior Class havg finished Lock begin to recite Vattels L aw of Nature & Nations. This the first time it was ever recited at College.39

Timothy Dwight succeeded Stiles as president of Yale in 1795. Baldwin says of his teaching: 40 His principal duties as an instructor were confined to the Senior Class, and so delightful did he make the pursuits of knowledge, that the Students looked forward to the Senior year, as to a season of mental 36 T h e Laws o f Yale-C ollege in N ew -H aven, in Connecticut

(N e w

H aven:

Josiah M eigs, 1 7 8 7 ) , p. 9. 87 Montesquieu is noted in Stiles’s diary as late as A p ril 25, 179 5 , when the seniors finished volume two. Stiles died M a y 12, 1795. 38 On January 7, 1794. Stiles remarked that the seniors recited “ to I X th Chap. Paley.” Snow declares that Paley was introduced into the College as early as 1791 (o p .c it., p. 9 1 ) . 39 Snow gives 1792 as the date o f introduction (op. cit.y p. 9 1 ) . 40 Ebenezer B aldw in, Annals o f Yale C ollege (N e w H aven: Hezekiah H ow e, 1 8 3 1 ) , p. 147.

recreation . . . . The most approved treatises . . . . were regarded by him as text books only, and at every recitation, his learned, extensive, and lucid comments formed a principal part of the exercise. Three days a week were devoted to philosophical studies, including ethics, in which Paley was used as the text. In addition, two days were devoted to forensic disputations, in which the discussions covered the fields of science, politics, morals, and theology.41 A professor of law named in 1801 42 was required to read thirtysix lectures, to be completed in two years. The subjects included were the law of nature, the American Constitution, and the juris­ prudence of Connecticut.43 T he course of study contained in the laws of 1817 44 (the year of President D wight’s death) differed little from that under Stiles. In the third year mention was made of the “ History of Civil Society,” and in the fourth year “ Ethics.” In 1824 the course of instruction provided for Adam’s Roman Antiquities in the freshman year, Tytler’s History in the junior year, and in the senior year Paley’s Moral Philosofhy. In 1825 a new subject, “ political economy,” appeared for the first time. HARVARD UNIVERSITY45

A t Harvard there was little change in the regulations concerning academic instruction from 1766 until the 1820’s.46 T he laws of 41 See Chapter V II, 42 B aldw in , o f. cit.y p. 135 . See Chapter V I. 48T im o th y D w ig h t, Travels in N ew -E ngla nd and N ew -Y o rk

(N e w H aven:

S. Converse, 1 8 2 1 ) , I, 213. T h is accords w ith D exter’s statement that “ the design was to provide for the Senior Class some general instruction by lectures on the principles o f Natural and International L a w and on the Constitution o f the United States.” C f. Franklin Bow ditch Dexter, Sketch o f the History of Yale University (N é w Y o r k : H enry H olt and C o., 1 8 8 7 ), pp. 5 0 -5 1 . 44 T h e Laws of

Yale C o lleg e in N ew -H aven in Connecticut

(N e w

H aven:

Journal Office, 1 8 1 7 ) , p. 17. 45 T h e use o f “ university” was authorized in 1780, but this does not im ply any change in the level o f instruction. H arvard was still essentially a college. 46 Harrison G ray Otis o f the class o f 1783 expressed contempt for the instruc­ tion he received in a letter o f October 20, 17 8 2 : “ It is now Vacation and I have

1790 *47 provided that the Senior-Sophister Class should attend the tutor who taught logic, metaphysics, and ethics. Public examinations in a list of specified subjects were provided for, Senior-Sophisters be­ ing examined in the elements of natural and political law, and also in ancient and modern history. The laws for 1807 48 showed slight change. In 1796 the Reverend John Clarke published his Letters to a Student in the University of Cambridge.49 H e pointed out that in the last year the student “ will proceed to the Elements of Natural and Political Law, by Burlamaqui.” H e commented that Burlamaqui’s Principles “ have, during many years, been studied at the uni­ versity.” H e regretted that there was no professorship of “ Ethicks and Politicks.” 50 In the absence of such an instructor the student a temporary Respite from Pedantry and L o g ic. M a y Father T im e ameliorate his tardy Pace and hasten the desired Period, when I shall bid adieu to the sophisti­ cated Jargon of a superstitious Synod of pension’d Bigots and ramble in the fields o f liberal science . . .

See T h e L ife and Letters of Harrison Gray Otis, Feder-

alist, 1 7 6 5 —1848 (Boston: H oughton M ifflin Co., 1 9 1 3 ) I, 24. A t this period the college was suffering neglect and decay induced by the Revolution. 47 T h e La. cit.y p. 1 2 5 ) . 67 Law s reprinted in Snow, op. cit.y pp. 120—31. 68 Bronson, op..cit., p. 101. Also, Snow, op. cit.y p. 108.

69I bid.y Appendix must be meant.

B, p. 509. A lso, Snow, op.

cit.y

pp. 1 0 9 -1 0 . “ Hutcheson”

third year.70 In 1804 the college became Brown University. The faculty now consisted of the president, a professor of jurisprudence, a professor of learned languages, and two tutors.71 B y 1823 the course of study was considerably enriched:72 T h e Junior Class shall study Paley’s M oral Philosophy . . . . T h e Senior Class shall study Butler’s Analogy, Burlamaqui on the L aw of Nature, T h e Federalist, Paley’s Evidences, and Vattel. T h ey shall also revise their preceding studies.

DARTMOUTH COLLEGE

In the first record of the curriculum at Dartmouth College in 1796 the Elements of natural and physical law” were listed for the senior year.73 In the first catalog published in 1822 the first term of the senior year provided for “ Natural and Political Law.” The Federalist was listed for the third term. The juniors studied Paley’s treatise in moral and political philosophy. This course of study re­ mained the same through 1825.74 70 Snow, o f. cit.y pp. 1 1 0 - 1 4 . 71 T h e professor o f jurisprudence (D a v id H o w ell) gave no lectures, although requested several times b y the Corporation to do so, say Bronson £ o f. cit.y pp. 1 5 8 - 5 9 ) and Reed ( o f . cit.y p. 1 3 6 ) . 72 C f. Bronson, o f. cit.y p. 1 6 7 : “ N otew orthy points about this curriculum are . . . .

the inclusion o f government and international law .” T here was now a

marked difference between Brown and the C ollege o f N ew Jersey where the clas­ sics had greater prominence. 73 Richardson, o f. cit., I, 1 1 9 . Richardson ( I , p. 12 0 ) notes also that in the rough draft o f the records o f a meeting o f the trustees in 17 7 6 , probably as a result o f the revolutionary movement, the fo llo w in g vote is found: “ T h a t the students in this college be varied from their usual course at discretion o f the Pres­ ident & T u tors and that Longinus on the Sublime, Gravesend’s Philosophy, Oratory an d some System on the Spirit o f Law s, the nature o f Liberty and civil Govern­ ment be introduced in addition to their other studies.” Richardson concludes : “ But someone, probably W heelock, thought better o f such a radical change and the vote does not appear in the permanent records.” 74 T h e professor o f moral philosophy at this period was “ Professor o f Physi­ o lo g y, T h e o ry and Practice o f Physick, M ateria M edica and Botany, and o f In­ tellectual and M o ra l Philosophy.”

WILLIAMS COLLEGE

Williams College opened in 1793. Since its teaching staff and seven of its twelve trustees were Yale graduates, Yale precedents were naturally followed.75 In the senior year, the list of subjects comprised history, ethics, metaphysics, theology, and natural law and civil polity. The laws of the college for 1805 78 provided for the fourth year a similar program: “ Metaphysics, Ethics, History, Anatomy, the Law of Nature and Nations, Civil Polity, and T he­ ology«” No important changes occurred until lectures in political economy were introduced in 1827.77 Reviewing briefly the developments from 1770 to 1825, we find that the promising beginning made at the College of Philadelphia in the 1750’s in stressing political philosophy and history did not sur­ vive the Revolution. For the purposes of this study, the most note­ worthy enterprise of the early post-Revolutionary period was the reorganization of the curriculum at the College of W illiam and M ary in 1779 through the interest of Thomas Jefferson. Its inclu­ sion of “ political” subjects is evident in the statutes of 1792 which provided that a candidate for the degree of “ Batchelor of Arts” must be well acquainted with “ Natural Law, Laws of Nations, and the general principles of politics.” In 1817 the publication of the president’s lectures on government revealed continued emphasis on political philosophy. Columbia College gave notable instruction during the professor­ ships of Gros (1784-95) and of McVickar (18 17 -5 7 ), during which (1818) political economy was singled out as a distinct subject 75 Leverett W ilson Spring, A History of Williams College (Boston: Houghton Mifflin Co., 1 9 1 7 ) , p. 47. 76 T h e La International Publishing Co., 1 9 x 7 ) , pp. 1 0 12. A t his commencement (1 7 8 8 ) the part in the forensic disputation o f the public exercises assigned to him was the negative side o f the question o f the lawfulness o f capital punishment. H e remarks: “ I stole the most o f m y argument from the treatise o f the M arquis Beccaria, then little known in this country.”

disputation, however, apparently declined in importance. On July 2 i, 1789 Stiles recorded in his dairy: T h e Seniors have had but one syllogistic Disputa this year, & phps. half a doz. last year. There was one only last Commence1— none this. T h u s farewell Syllogistic Disputa in Y ale. Coll, much to my Mortification.4

DISPUTATIONS AT YALE UNDER PRESIDENT DWIGHT

President Dwight continued forensic disputations for seniors two days a week. Discussions were commonly written, but at times were extemporaneous. T he president closed the debate, sometimes with a half hour’s summary, sometimes extending his remarks through several recitations.5 In the year 1813—14 a member of the senior class took notes on D wight’s decisions on questions discussed.6 Som e'of the questions that were concerned with governmental problems, and the relations of individuals to the state, are listed below.7 Certain topics are identical with those propounded in Stiles’s day. 4 M eriwether considers the disputation to have died out soon after the R evolu ­ tion, citing this quotation as evidence ( o f . cit.y p. 2 7 9 ). Sm allwood also contends that disputations at Y a le were fa llin g into disrepute by 1789. See M a r y L . Sm all­ wood, A Historical Study of Examinations and Grading Systems in Early A m er­ ican Universities (Cam bridge, M ass.: H arvard University Press, 1 9 3 5 ) , p. 13. 5 See memoir by his son in his Theology (6th ed. j N ew Y o rk : G . and C. and H . C a rv ili,

1 8 2 9 ), I, 47. Samuel Morse when a student under D w ig h t in

1809

wrote his fam ily that “ our disputes and compositions require a great deal o f hard thinking and close attention.” Letter o f M arch 8, 1809 quoted in Samuel Irenaeus Prime, The Li fe of Samuel F. B. M orse (N e w Y o rk : D . Appleton and Co., 1 8 7 5 ) , p. 22. 8

Theodore D w ig h t, jun., President Dw ight's Decisions of Questions Discussed

by the Senior Class in Yale C ollegey in 1 8 i s

and 1814

(N e w Y o rk : Jonathan

Leavitt, 18 3 3 ). 7 T w en ty -fiv e out o f a total o f forty-one disputations between Novem ber 2, 1813 and A p ril 26, 18 14 deal w ith group ethics or legal and political subjects. O f the other sixteen, only four can be termed “ theological.” T h e others deal w ith social questions, e. g., “ A re

theatres beneficial?” } intellectual philosophy,

e. g., “ Does the M in d always thin k?” } and personal ethics, e. g., “ Is a lie ever justifiable?”

O ught capital punishments ever to be inflicted? November 2, 1813 O ught foreign immigration to be encouraged? November 4, 1813 O ugh t the Liberty of the press to be restricted? November 9, 1813 W hich have the greatest influence in forming a national character, moral or physical causes? November, 1813 O ught the poor to be supported by law? November 30, 1813 W ould an extension of the Union be politic? December, 1813 O ught the clergy to be supported by law? December 8, 1813 W ould a division of the Union be beneficial? December 15, 1813 O ugh t representatives to be bound by the will of their constituents? January 4, 1814 Is party spirit beneficial? January 5, 1814 Has the discovery of America been beneficial? February i6 , 1814 Is resistance to government ever justifiable? February 22, 1814 A re lawyers beneficial? M arch 1, 1814 W ould a permanent navy be beneficial to the United States? M arch 9, 1814 O ught the judiciary to be independent? March 22, 1814 O ught manufactures to be encouraged in the United States? March 30, 1814 A re wars beneficial? April 20, 1814 COMMENCEMENT THESES AT THE COLLEGE OF NEW JERSEY

T he commencement exercises of 1770 at the College of New Jersey included a Latin syllogistic dispute on the thesis: 8 Subjects are bound and obliged by the law of nature to resist their king whenever he inflicts intolerable cruelties on them or overthrows the rights of the state ; and they must defend their liberties.

This was followed by an English forensic debate on whether the non-importation agreement reflects a glory upon the American mer­ chant and was a noble exertion of self-denial and public spirit. An­ other Latin syllogistic debate was on this thesis: A ll men by the law of nature are free. 8 W alsh, o f . cit.y p. 158, quoting the Pennsylvania Chronicle for October 15, 17 7 0 .

The commencement of 1774 had a salutatory oration in Latin: 9 Bellum servituti antefonendum (W ar must be preferred to slav­ ery). COMMENCEMENT THESES AT HARVARD

“ Theses Politicae” are first included in the list of commencement theses at Harvard in 1778.10 Among the theses which appeared under that rubric were the follow in g:11 2. T h e right or authority of the highest civil magistrate always springs from the people; therefore 3. T h e highest civil magistrate has not the right of exercising any au­ thority which is not given to him by the people. 8. T h e loyalty owed to the highest authority can be lawfully alienated; therefore 9. Democracy can be maintained only by the courage of the people. 12. T h e state of man under despotic government is like to the state of beasts and consists of an instinct, obsequiousness and submission to punish­ ment.

Among the “ Theses Politicae” for 1810 is the follow ing:12 In this science wise men have very different modes of reasoning; some found the science on the rights of men, others make utility the rule.

Under ethics, in 1778, this thesis occurred:13 No civil law is just unless it agrees with the principles of natural law.

T he last of the theses in politics in 1810 shows no delusions as to immediate human perfectability: Therefore, as long as envy, ambition and pride remain in the human race and are combined with its very nature; so long there will be need, in 9 Walsh,

of. cit.yp.

10 W illiam

Pennsylvania Journal for October 12, 1774 . Early Harvard Broadsides (Worcester, Mass. :

159, quoting the

Coolidge

Lane,

American Antiquarian Society, 1 9 1 4 ) , p. 10. 11 Walsh,

of. cit.y pp.

12 Ibid.) p. 90. 13 Ibid.) p. 1 1 9.

8 3-8 4.

spite of the weaknesses of men, of authority to suppress them; until that can be accomplished the golden age pictured for us by the politicians in a republic will only be found in dreams.

Master’s theses for 1770-91 14 with a political flavor were listed by Young 15 under the heading of “ Questions relating to Society and the State.” Some of these are given below: Is a government despotic in which the people have no check on the legis­ lative power? A ff. 1770. Is the diffusion of knowledge among all the citizens necessary to the ex­ istence of the republic? A ff. 1781. Is the federal system the best fitted, above all other human institutions, for fighting a royal tyrant? A ff. 1781. George Richards Minot. Is public virtue the best security of republican liberty? A ff. 1781. Although commerce produces luxury, should it be restricted in a rising republic? N eg. 1784. O ugh t the citizens of a republic to be compelled to accept and fill offices of public service? A ff. 1784. Samuel Dexter. Is it in the highest degree dangerous to the liberty of the citizens for legislators to hold judicial office? A ff. 1786. Does a democratic form of government contribute more than any other to preserve the liberty of the people? A ff. 1786. Is paper money the root of all evils? A ff. 1787. Is the distrust of governors in a democracy the cause of more good than evil? A ff. 1787. Is it more necessary in a republic than in any other form of government that young men should be instructed in political science? A ff. 1788. Does luxury tend greatly to contaminate the people and to destroy the republic? A ff. 1789.

Under “ Law ” were the following: W as the system of criminal jurisprudence among the ancient Egyptians more perfect than any that has existed in modern times? A ff. 1772. A re laws and lawyers united together by a certain common and indis­ soluble bond? A ff. 1786. Harrison G ray Otis. 14 A fte r 179 1 the publication o f the “ Quaestiones Discutiendae” seems to have ceased (Lane, o f. d t.y p. 3 8 ). 15 O f . cit♦

Under “ Ethics” was this question: Has any member of society the right to promote his own advantage, when it is opposed to the public good? Neg. 1785. COMMENCEMENT THESES AT BROWN UNIVERSITY

Commencement programs at Brown do not markedly reflect the political agitations of the times.16 In 1770, however, there was an English dispute on the question whether standing armies in time of peace were detrimental to states. A t the commencement exercises in 1771 there was a dialogue on the necessity of perpetuating the Union between Great Britain and her colonies.17 Among the ethical theses to be defended was the assertion that government when it is not by the voice of the people tends toward tyranny. T he following year this thesis was proposed: The best form of democracy is that which comes from their own delegates chosen by popular suffrage.18 In 1773 certain quaestiones were discussed by candidates for the degree of master of arts. Instead of the disputation form used for the defense of theses, these questions were evidently answered in a somewhat oratorical or disquisitional form. Examples a re :19 Has a republic the right of decreeing the rites of divine worship? A n ­ swered in the negative. Have the American colonists the same rights as the inhabitants of Great Britain? Answered in the affirmative.

Among the ethical theses in the 1774 commencement were the following: 20 A defensive w ar is licit. Unjust laws often impel men to make revolution.

The commencement of 1786 showed contact with contemporary events in a forensic dispute on the question whether it would not op. cit.y p. 64. p. 65. 18 Walsh, op. cit., pp. 118 -19 . 19 Ibid.y pp. 264-65. 20Ibid.j p. 259. 16 Bronson,

17 Ibid.j

have been better for America to have remained dependent on Great Britain.21 In 1787 there was an oration on the “ present appearance of public affairs,” which referred to the convention at Philadel­ phia.22 In 1789 a forensic dispute was conducted on the question of whether Columbus’ discovery of America had benefited mankind.23 In 1793 there was a forensic dispute on the question: Is it to the interest of the United States to assist the French Revolution against its enemies in the present War? In the same year a dissertation was presented on the importance of uniting political virtue with political power.24 An oration for the master’s degree in 1794 discussed the “ inexpediency” of the Americans engaging in the European war. Tw o orations in 1795 were delivered on the origins and evils of political oppression and the influence of government on the “ Spirit of Nations.” 25 A fter 1800 subjects of orations became more general.26 Orations were given on republican policy (1802)5 the evils of democracy (1802) ; the permanency of the present form of government of the United States (1810 and 1811)5 the policy of acknowledging the independence of South America (1818)5 the political state of France (18 2 1).27 Few “ disputes” were listed after 1800. In 1825 a disputation was held on the subject of whether despotism or licentiousness"”presents the greater obstacle to the establishment of free government.28 This topic is reminiscent of certain subjects disputed in pre-Revolutionary days. In 1823 and 1826 this question was disputed: Has the reign of Napoleon been advantageous to Europe? 29 21 Reuben

A ld ridge G uild, History o f Brown University (Providence, 1 8 6 7 ),

p. 354. A lso, Bronson, o f. cit., p. 85. 22 G uild, loc. cit. 23 Ibid., p. 3 56.

24rIbid.,

p. 361.

25 Ibid., p. 363. 26 Bronson, o f. cit., p. 137. 27 G u ild, pp. 3 6 8 -8 7. 28 Ibid., p. 390. 29 Ibid., p. 388. Bronson notes that this has reference to current happenings and is therefore exceptional { o f . cit., p. 1 7 8 ) .

STATUS OF DISPUTATIONS BY 1 825

Disputations as a required academic exercise, involving the de­ fense of theses, gradually gave way to declamations or argumenta­ tive essays, in some instances before the i 82o’ s.30 Likewise as a com­ mencement exercise dispútations lost favor.31 Accordingly, by 1825 they are no longer an index of philosophical instruction or student mastery of fundamental principles of ethics and politics. 30 T h e laws o f Brown for 1827 provided that “ w eekly declamations w ill be attended by all the classes.” A t Dartmouth “ forensic disputes” were a requirement for the senior year to the 1840*5} b y 1842—43 they were “ forensic discussions” } by 1844—45 they had disappeared entirely. T h e Yale course o f study, however, required juniors and seniors to have exercises in forensic disputations once or twice a week to the seventies. T o the middle eighties the juniors only had disputations, which were then mere declamations. H arvard provided for public declamations and forensic disputes in the early twenties. These were “ forensics” by the forties and have been defined as English essays in which the pros and cons o f questions were discussed (M orison, Three Centuries o f Harvard, p. 2 6 1 ) . M orison com­ ments that these “ forensics” or written arguments required o f juniors to

1900

m ay be considered as the last surviving relic o f the medieval disputation at H arvard ( The Founding of Harvard C olleg e, p. 2 5 ).

31 Theses gradually became discursive. The obligation of presenting a thesis for a degree in the shape of an essay in English on some subject related to the course took the place of the defense of theses. By 1810 disquisitions began to sup­ plant demonstrations (Walsh, op. cit.y pp. 3 1 3 - 1 4 , 319)'.

PART

THREE

The Middle Period 1825-65

C U R R I C U L U M O F F E R I N G S IN P O L I T I C A L S C I E N C E , 1825-65 B y 1825 political education was a recognized aspect of collegiate instruction, but it appeared in various forms and amounts. Courses in moral philosophy included politics as a final phase, sometimes with separate textbooks. Some college statutes and courses of study listed “ civil polity,” “ natural and political law,” and “ policy and public law,” as units of study in moral philosophy. In addition lectures in law dealt with the problems of organized civil society. In political economy the activities of government received attention. Thus through moral philosophy, and with contributions from law and political economy, the elements of political science were being taught. Stress was still laid on theory, with occasional illustrations from the national scene. B y 1825 the number of American colleges was already consider­ able, and it kept increasing steadily, even rapidly, during tíre period covered by this chapter. A n exhaustive and detailed analysis of the curricular changes affecting political science in all the institutions of higher learning from 1825 to 1865 is obviously impossible in a single chapter. It is hoped, however, that the sampling gives a substantially accurate picture of the general trends. For reasons of convenience, the institutions have been grouped by geographical sections. THE NEW ENGLAND COLLEGES

Yale College.— The Yale course of study from the twenties to the forties showed striking uniformity.1 T o the freshmen was assigned 1

T h e name o f Y ale C o llege for the period preceding i860 is associated with

a formulation in 1828 o f the collegiate ideals known as “ the report o f the Y a le 1 13

Adam’s Roman Antiquitiesy which was last listed for 1845-46. T ytler’s general history was prescribed for juniors. In the senior year the ubiquitous work by Paley was taught through the year 1845-4Ô.*2 In political economy Say’s book was displaced by W ayland’s manual in 1837-38. Separate mention was given to Kent’s Commentaries on American Law> Volume I, from 1833-34 through 1846-47.3 A strong impulse in the teaching of political science was felt during the administration of Theodore Dwight Woolsey ( 1846-70).4 Pre­ vious to Woolsey’s term of office the president had under his charge the instruction of the senior class in mental and moral philosophy. In 1846-47, the first year of his administration, the newly created Clark professorship in moral philosophy and metaphysics with Noah Porter as incumbent enabled Woolsey to devote his own time to history and other subjects.5 The subject of “ political philosophy,” as separate and distinct from “ moral philosophy,” appeared in the catalogs for 1847-48 and 1848-49. In 1849-50 the entry was “ Political Philosophy and Law of Nations” and this title continued through 1853-54. In 1854-55 “ Political Philosophy” covered W ayland’s Political Economy y the faculty,” which strongly influenced the course o f study throughout the country. See “ O riginal Papers in relation to a Course of Liberal Instruction,” American Journal of Science and Artsy X V ( 1 8 2 9 ) , 297—35 1. “ It placed the college program once for all on the basis of discipline” (Snow, op. cit., p. 143. A lso W illiam T . Foster, Administration of the C ollege Curriculum

(Boston:

Houghton

Mifflin

Co., 1 9 1 1 ) , p, 19. Catalogs of Y ale C ollege for the next quarter century refer to this report. 2 In 1 846—47, the first year of the C lark professorship in moral philosophy and metaphysics, the course was listed as “ M oral Philosophy” with no text. 3 Adams remarked that “ as early as 1822 the first volume o f K ent’s Com ­ mentaries was taught to the senior class”

( The Study of History in American

Colleges and Universities, p. 5 4 ). T h is is obviously an error, since volume one was not issued until 1826. T h ere is no mention o f Kent in the catalogs for the i8 2 o ’s nor even in 18 3 2 -3 3 . 4 Following his graduation from Yale in 1820 Woolsey studied law and theology. In 1830 he returned to Yale as professor of Greek language and literature. 5 Dwight states that in 1849 he crowded too much into each lecture. This situation was changed when later he laid aside history and devoted his efforts to politics and international law. See Timothy Dwight, Memories of Yale Li fe and M en 1845—¡899 (New York: Dodd, Mead and Co., 19 0 3 ), pp. 1 8 6 -8 7 .

law of nations, and lectures in the second term of the senior year} and Kent’s Commentaries, Volume I, and lectures on the Constitu­ tion of the United States in the third term. In the following year (1855-56) “ Political Philosophy” for the second term covered W ayland’s Political Economy, Lieber’s Civil Liberty and SelfGovernment, and lectures} in the third term Kent, the law of na­ tions, and lectures on the Constitution of the United States. In 1859-60 the Constitution had a listing separate from political phi­ losophy.6 It is from the 1860’s forward that Woolsey “ accomplished more and more in Political Science and International Law,— studies in which he had already, before this, rendered important service.” 7 The productive period of his writing occurred after his retirement from the presidency in 1870.8 Dwight 9 notes that he had no such personal gifts of inspiration as were possessed by Mark Hopkins. T o his traits of profound scholarship, however, he added powers of keen observation of public life. Thus while Yale at the beginning of the period was dominated by the gospel of conservatism, at the end she was fostering the develop­ ment of courses in political philosophy which produced contributions to the literature of political science and a stimulating influence on other institutions through providing texts and a model-for instruc­ tion. Harvard University.— The most frequently used text in moral philosophy throughout the 1830’s at Harvard was, of course, Paley’s. 6 W aylan d ’s manual disappeared as a title after 1 ^ 5 5 -5 6 , but political economy continued to be listed as a subject. In 18 61—62 the heading covering these “ political” courses became

“ History and

Political

Philosophy”

which

continued

through

1864—65. 7 T im o th y D w ig h t, Theodore D w ig h t Woolsey, D .D ., L .L .D .: M em orial A d ­ dress (N e w H aven : T u ttle, Morehouse and T a y lo r , 18 9 0 ), pp. 2 1 -2 2 . White notes that when he was a senior ( 1 8 5 2 - 5 3 ) W oolsey had not then begun his career as professor o f international law . See Autobiography of Andrew Dickson White (N e w Y o rk : Century Co., 1 9 0 4 - 5 ) , I, 28. T h e catalog for that year states that the Kent professor o f law gave instruction to the senior class. 8 See Chapter X III. 9 Theodore D w igh t Woolsey, pp, 22 -2 3 ,

It occasionally appeared in catalogs as late as 1845. In political econ­ omy Say was the acknowledged authority until 1850. aRawle on the Constitution of the United States” was used together with Say’s book for the first three years of the 1830’s. In 1833-34 Story on the Con­ stitution was introduced for seniors, but it was linked with Say until 1850.10 In 1853 Francis Bowen 11 became Alford Professor of Natural Religion, M oral Philosophy and Civil Polity.12 During 1853-54 the courses announced in his field included Reid’s Essays, Stewart’s Philosophyy and W hew ell’s Elements of Morality for the juniors 3 and W hewell, M ’Culloch’s edition of Adam Smith, lectures on po­ litical economy, Kent’s CommentariesyVolume I, and lectures on the English and American constitutions, for the seniors. T he senior work in “ philosophy” was thus predominantly political and eco­ nomic in character. Guizot’s History of the Origin of Representative Government in Europe was also taught by Bowen to the seniors. The next year (1854-55) the courses and texts listed for the seniors were: Stewart, M ’Culloch’s Principles of Political Economy, the Federalist yand lectures on political economy and on the English and American constitutions. In 1855-56 the latter was replaced by Bowen’s own compilation Documents of the Constitution,13 The 10 In the catalog for 18 41—42 Story and Say were listed together under the head “ Political Science.” 11 Adams comments that there was hardly a subject in the ordinary range o f academic instruction that Bowen had not taught since first becoming a tutor in Greek in 1835. Mathematics, natural philosophy, mental and moral philosophy, political economy, ethics, metaphysics, logic, he either taught, or wrote texts for, or both (T h e Study of History in A?nerican Colleges and Universities, p. 2 4 ). 12 L ev i Hedge was A lfo rd professor from 1827—28 through 1830—3 1. He seems to have stressed the ethical aspect o f the subjects entrusted to him. In

1838—39

James W alker assumed the professorship after a lapse of seven years. He seems to have stressed ethics in his use of Jouffroy’s text. See comments by Benjamin Rand, “ Philosophical Instruction in H arvard University from

1636 to 1906,” Harvard

Graduate? M agazine, X X X V I I (1 9 2 8 ) , 29—47, 188—200. 13 Bowen’s was the first attempt to make known “ the foundations o f A n g lo American constitutional liberty from original texts.” He anticipated by several years Stubbs’s Select Charters, Illustrating English

Constitutional History. See

Adams, T h e Study of History in American Colleges and Universities, p. 24.

following year the seniors were studying his text in political economy and his Documents along with the Federalist (with Stewart for mental philosophy). Dartmouth College.— T he course of study for the late 1820’s at Dartmouth differed little from that of 1825.14 Paley was still required of juniors and the Federalist of seniors. In 1828-29, how­ ever, we find that Say’s Political Economy was substituted for “ nat­ ural and political law” in the senior year. The Federalist was re­ quired reading down to the Civil W ar, often being given in the summer term. Kent’s Commentaries, Volume I, appeared in 1842-43 as a new subject. Story also was listed intermittently in the fifties. In 1860-61 the subject of international law was taught in the winter term, both junior and senior years, through Woolsey’s text. Say’s Political Economy was still used, along with the Federalist, for the seniors.15 In the catalog for 1862-63 the heading “ Political Philosophy” was used for the first time in the winter term, with Lieber’s Civil Liberty and Self-Government as the text.10 Amherst College.— Amherst College had as its models Yale and Dartmouth.17 The course of study announced in March 1822 18 14 T h e law s o f the college for

1828 stated that instruction would be given

students in “ Intellectual and M o ral Philosophy; Ancient and M o d cri^ ilisto ry, and G eo graph y; Political Econom y and C iv il P o lity.” See Laws o f Dartmouth Colleg e Hanover, N. H .: T hom as M ann, 1 8 2 8 ), p. 8. In 1842 this general statement was but slig h tly changed. See Laws o f Dartmouth C ollege

(Concord, N . H .: A sa

M cF arlan d , 18 4 2 ), p. 6. 15 “ M o ra l Philosophy,” with no prescribed text, was listed as a subject for two terms, the first ( fa ll) with the Federalist and Edw ards; the second (summer) w ith the Federalist and Guizot. W ayland had deplaced Paley in 18 38 -39 as the text in moral philosophy, and it was last mentioned in 18 5 5 -5 6 . 16 In 18 6 3 -6 4 , however, the comparable subject in the winter term was “ His­ tory,” with M a y ’s Constitutional History o f England as the text. 1 7 A n academy had opened in 18 14 . When plans for a college materialized, the trustees voted that the qualifications for admission and the course o f study pursued should “ be the same as those established in Y a le C o llege.”

See Claude M oore

Fuess, Am herst: T h e Story o f a N ew England C ollege (Boston: Little, Brown, and C o., 1935)» PP* 45 - 47 * 18 W illiam S. T y le r , A History o f Amherst C o lleg e (N e w Y o rk : Frederick H . H itchcock, 1 8 9 5 ), pp. 3 1 -3 2 .

listed Adam’s Roman Antiquities for freshmen ; T ytler’s history for juniors; and for seniors, Paley’s Moral Philosophy and VattePs Law of Nations. In the late thirties the curriculum differed little from that of other colleges.19 Paley was the text in moral philosophy and Wayland in political economy.20 In 1848-49 the second and third terms of the senior year pro­ vided for “ Ethics and Political Philosophy,” with W ayland’s Moral Science and WhewelPs Elements in one term and W ayland’s Polit­ ical Economy in the other. Also in the second term there was an entry for “ International and Constitutional Law (K ent).” T he fol­ lowing year Story replaced Kent and was used until 1858. In 1858-59 Julius Seelye offered his first courses as professor of mental and moral philosophy. H e at once introduced Hickok’s Moral Science in place of W hew ell.21 In the same term “ Political Science” appeared as an entry in the catalog.22 This may have re­ ferred to a course in the Constitution, although no text was listed 19 In 1826 the faculty had urged the establishment of a more liberal course and were asked b y the trustees to prepare a specific plan to be put into operation in 1827

(Fuess, o f. cit.y pp. 98—9 9 ) . T h e classical course was retained. T h e new

feature was a parallel course, substituting modern languages for ancient, designed ultimately to give more prominence to English literature, modern history, civil and political law , and science: “ T h e new course w ill differ from the old in several important respects..............Seventh. In M odern History, especially the history o f the Puritans, in connection with the C ivil and Ecclesiastical history of our own country. E ighth. In the elements of C ivil and Political law , embracing the careful study o f American Constitutions..............” Quoted in T y le r , o f. cit.y pp. 64—65. A lso, Snow, o f. cit.y p. 158 and Foster, o f. cit.y pp. 9 8 -10 9 . In practice the plan was a failure and in 1829 the trustees voted to abandon the “ parallel course,” which according to the catalog for 18 2 7-2 8 differed only in its attention to modern languages. 20 A graduate o f the class o f 1839 said in 1887: “ When some o f us were here as students, a h a lf century ago, the courses o f training were . . . . stricted, sharply mandatory..............W e had . . . .

meagre, re­

no history, very little, if any­

thing, o f political economy..............” Quoted in Fuess, o f. cit.y p. 100. A ccording to the catalog listings, political economy had been taught from 18 2 6 -2 7. 21 A n indication o f the nature of the course in moral philosophy from 1851 to 1858 is seen in the published lectures of Joseph Haven, professor o f mental and moral philosophy during that period. For summary o f content see Chapter X . 22 In i860—61 the college had a lecturer in political economy and the catalog listing read: Political Science and Lectures on Public Economy.

II9

from Story in 1857-58 to Duer’s Constitutional haw in 1861-62. Curtis5History of the Constitution was cited from 1862-63 through 1865-66. Brown University.— In 1827 Francis W ay land 23 assumed the presidency of Brown University. The laws of that y e a r24 issued under his direction provided that the junior class should study moral philosophy and the senior class the Constitution of the United States, general law, and political economy. By 1835-36 the seniors received instruction in moral philosophy, political economy, and the Amer­ ican Constitution,— one subject each term. This program continued through 1848-49.25 A committee with W ay land as chairman reported to the Corpora­ tion in 1850 that an institution which adapted its instruction to the wants of the whole community would include in its course of study moral and intellectual philosophy, political economy, history, and the science of law.26 The laws of 1850 thereupon provided for the following subjects of instruction: 27 In the course in M oral Philosophy, the nature of the moral faculty and the laws by which it is governed shall be taught, and the duties of man 23 Bronson, o f. cit., pp. 2 0 5 -7 . W ayland was a graduate o f Union College. He first studied medicine, which he abandoned for the ministry. He came to Brow n from a professorship at Union in mathematics and natural philosophy**. 24 T h e Laws of Brown University, in Providence, Rhode-!.stand, Enacted by the Corporation, M arch, 18 27 (Providence, R. I.: W alter R . D anforth, 1 8 2 7 ), p. 6. T h e catalog for 18 27—28 listed Paley for the first term o f the junior year. In 1828 a two-term course in political economy taught by the president was added, with Say as the text (catalo g for 18 2 9 -3 0 , p. 5 ) . R aw le on the Constitution, listed for juniors in 1830—3 1, was taught b y the professor o f moral philosophy and meta­ physics. In the report o f the faculty appended to the course o f study W ayland remarked that the seniors also had studied R aw le. In 1 8 3 3 -3 4 no text was listed for the “ Am erican Constitution.” 25 In 1 8 3 6 -3 7 two texts were listed: W aylan d’s Elements o f M o ra l Science and Story on the Constitution. In 1839—40 W a ylan d ’s texts in both political economy and moral philosophy were announced, but no text for the Constitution. 26 Francis W ayland (chairm an), Report to the Corporation of Brown Univer­ sity, on Changes In the System o f Collegiate Education, Read M arch 28, i8$ o (Providence, R . L : George H . W hitney, 18 5 0 ), pp. 5 1 - 5 3 .

27 T h e

Law s o f Brown University, Enacted August 1, 18$0 (Providence, R . I.:

Joseph K now les, 18 5 0 ), p. 8.

to God, and those to his fellow-men, both civil, social and domestic, shall be explained and enforced. This subject shall not be taught merely as a system of abstract rules, but the Professor shall make it his object to eradi­ cate error, inculcate ethical truth, and enforce moral obligation . . . . T h e course in History and Political Economy shall embrace instruction in the manner of prosecuting Historical Studies, followed by a view of the rise, progress, and present condition of the existing nations of modern Europe, with an illustration of the principles which have resulted in their various changes from prosperity to decline ; the history of our own G ov­ ernment; and an exposition of the Constitution of the United States. T h e course in Political Economy will explain the nature of national wealth, the laws of accumulation, and the principles by which national prosperity is governed; compare the economical institutions of various countries, and of the same country at various times, with an exposition of their effects upon the industrial progress of each, thus enabling the student to form for himself a correct opinion on those important subjects in this department, which force themselves upon the attention of an enlightened people.

The course of study for 1850-51 stated: T h e course in History embraces the origin and progress of M odern civ­ ilization, with special reference to the English race, the Colonial history of the United States, together with the theory of the American G overn­ ment and the outlines of its successive administrations.

The texts listed included Story on the Constitution. In 1851-52 the statement was somewhat expanded to include the English constitu­ tion and “ the theory of the American Government, the history of its formation, and the outlines of its successive administrations.55 Polit­ ical economy was to be closely associated with the work in history, since it deals with the nature of national wealth and the prosperity of nations. This program was continued through the year 1854—55.28 President Wayland was succeeded in 1855 by the Reverend Barnas Sears. In the catalog for 1855-56 courses for the third and 28

In 1851 W illiam Gam m ell, professor o f rhetoric, was transferred to the new ly

created chair of history and political economy, which he held through 1863-64..

last year included history, moral philosophy (W ayland’s), and “ Geology and Political Economy” as an elective. In 1858-59 the fourth and last year again provided modern history for the first term. For the second term there was offered: moral philosophy (W ayland) ; English and American history and constitutional law (H allam , Sheppard’s Constitutional Text-Book, lectures) 3 and po­ litical economy as an elective. Tw o years later “ international law” was added, with Woolsey as the text.29 As the result of the change made under Sears, the executive board stated in 1861 with evident satisfaction: 30 “ In the order and the course of study, Brown University does not now differ essentially from her sister Colleges of the United States.” THE MIDDLE STATES

Columbia College,— Until the middle of the century the curric­ ulum of Columbia College did not change materially.31 In October 1853 the trustees named a committee to inquire into the expediency of establishing a system of university education.32 A statute was finally reported in March 1857 33 which proposed a course of study to the end of the junior year similar to the one then pursued. Three departments were created: letters, science, and jurisprudence, either 29T h is

topic was included under ‘ T n g lis h and Am erican history, Constitutional

and International la w

(Sheppard, W oolsey, with lectures)” and was continued

through 1864—65. 30 Brow n University, A Sketch o f the History and the Present Organization o f Brown University (Providence, R . I.: Knowles, A nthony and Co., 1 8 6 1 ) , pp. 14— * 5-

31 Snow,

o f . cit.y p. 106. T h e college statutes o f 1827 listed, for the senior year,

history o f philosophy, intellectual and moral philosophy, and political economy. These were M cV ickar’s subjects. See Statutes o f Columbia College, Revised and Passed by the Board o f Trustees, October y 18 27 (N e w Y o rk : T . and J. Swords, 1 8 2 7 ) , p. 14. 32 Resolutions o f the Trustees o f Columbia C ollege . . . .

1820—1868

(N e w

Y o rk : D . Van Nostrand, 18 6 8 ), p. 48. 33 T h e committee reported in J u ly 1854 em bodying suggestions as to the form o f a statute to regulate the course o f instruction. See R efo r t of a Committee of the Trustees o f Columbia C ollege (N e w Y o rk : H all, Clayton and Co., 18 5 4 ).

one of which might be elected by senior students.34 T h e School of Jurisprudence was to embrace modern history; political economy; the principles of natural and international law ; civil and common law, as far as possible; the writings of the Greeks and romans appropriate to these last subjects.35

The statute was adopted July 6, 1857.a6 On March 8,1858 a committee was named by the trustees to report on proposed instruction. On April 5 their report listed under the school of jurisprudence: 37 Political philosophy, history in connection with the school of letters, nat­ ural and international law, constitutional law, municipal law, moot courts, appropriate greek and latin literature.

Francis Lieber was called from South Carolina College, and named to the chair of history and political science in M ay 1857.38 The call of Lieber to Columbia, declares Adams,39 “marks the first 34 A History o f Columbia University 1 7 s 4“ I 9°4> P- 2 1 3» A “ university course” would be formed through the conjunction of the three departments or schools. 35 Resolutions of the Trustees, pp. 5 3 -5 4 . 36 Ibid.) p. 55. A lso, A History of Columbia University 1^754—1904^ p. 2 13 . T h e provision regarding political studies was worded thus: “ 3. A school is established, called T h e

School o f Jurisprudence, in which shall be pursued the fo llo w in g

studies: history j political econom y5 political philosophy} the principles o f natural and international la w j civil and common la w ; the writings of the Greeks and R o ­ mans, and o f the modern civilians and jurists, appropriate to the last three sub­ jects.” Reprinted b y permission o f Colum bia University Press. 37 Ibid,y pp. 5 8 -5 9 . 88 Lew is R . Harley, Francis Lieber: H is L ife and Political Philosophy (N e w Y o rk : Columbia University Press, 1899)* p. 90. D u rin g

1857 Professor M cV icka r’s extensive duties were apportioned am ong

three chairs: ancient and modern literature (belles lettres) * moral and intellectual philosophy, to which Charles M u rray Nairne was appointed (later literature was transferred to his chair) ; and history and political economy, to which Lieber was elected. M cV ickar assumed the chair o f the evidences o f natural and revealed reli­ gion which he held until 1864. Lieber’s chair became “ history and political sci­ ence.” See A History o f Columbia University 1 7 5 4 —1904} p. 135. Also, Adams, T h e Study o f History in American Colleges and Universities, p. 65. 39 The Study of History in American Colleges and Universities, pp. 6 6 -6 7 .

recognition by a Northern college of history and politics as properly co-ordinated sdences.” B y resolution of the trustees on October 5, 1857 he was assigned “ modern history, political science, natural and international law, civil and common law.” 40 This burden he carried from 1857 to 1865 when he was transferred to the Columbia College Law School as professor of constitutional history and public law.41 The catalog for 1860-61 stated that his instruction in history be­ gan with the downfall of the Roman empire. In the senior class he occupied himself with the period beginning with the American or the first French Revolution, and ending with his own time (i860). He treats in this Class as much as possible of topics of Political Philosophy, illustrated by the great events of the period, and uses as an additional w ork his Civil Liberty and Self-Government.42

In 1864 D r. Frederick A. P. Barnard became president of Colum­ bia College. In his report to the trustees in 1865 he reportéd on the course of study.43 For the seniors, in history and political science, the subjects were modern history, and political philosophy and politicál economy, the textbooks being W eber’s Outlines of Universal His­ tory, Say’s Political Economy, and Lieber’s Civil Liberty. Instruc­ tion was given for two hours each week through lectures and written examinations. The report also contained this significant statement: 44 A ll the subjects embraced in the two departments of Philosophy and English, and of History and Political Science, might be better put into the hands of a single instructor, with a tutor to assist him, than be dis­ posed as at present. It is quite doubtful, in view of the undersigned, whether Modern History, in the proper sense of the word, ought to oc­ cupy any considerable space in the teaching of our Colleges. 40 Resolutions of the Trustees, p. 1 19. 41 H arley, o f . cit., p. 94. A lso, Resolutions o f the Trustees, p. 74. 42 For a detailed account o f Lieber’s w ork see Chapter IX . 43 Annual Report o f the President o f Columbia C o lleg e made to the Board of Trustees, June 5, 1865 (N e w Y o r k : D . Van Nostrand, 1 8 6 5 ), p. 7. 44 Ibid., p. 13.

On the day of submission of this report a committee was named to report “ on the expediency of abolishing the professorship of his­ tory.” 45 On July 6, 1865 the trustees resolved that instruction in history and political economy should be given by the professor of philosophy and English literature, under the direction of the presi­ dent.46 Columbia College thus returned to the system which had prevailed before McVickar’s duties had been divided and Lieber had been called to a professorship.47 Hamilton College.— In the academic year 1836-37 the list of faculty members of Hamilton College included the Maynard Pro­ fessor (Elect) of Law, History, Civil Polity, &c. “ Civil Polity” was provided for juniors in the third term and “ Legal and Political Sci­ ence” for seniors in the second term.48 The following year John H . Lathrop, formerly professor of ethics and political economy, be­ came Maynard Professor of Law, History, Civil Polity, and Polit­ ical Economy. The course listings of “ Civil Polity” and “ Legal and Political Science” remained the same to 1841.49 In 1846 Theodore W . Dwight was appointed Maynard profes­ sor. In 1846-47 he introduced into the senior year “ Constitutional Law— Duer’s Outlines” and “ Municipal Law— Blackstone’s Com­ mentaries.” “ For reference” students were directed to Kent, Story, and Vattel. Lectures were delivered on international law. This pro­ gram remained practically unchanged through 1859-60. 45 Adams, T h e Study of History in American Colleges and Universities, p. 7 1 . 46 Resolutions of the Trustees, p. 65. 4,7 Adams, op, cit,, p. 7 1 . T h e catalog for 18 6 5 -6 6 listed Nairne’s department as that o f “ Philosophy, History, Political Econom y and Belles-Lettres.” Adam s calls attention to Lieber’s predilection for more advanced political science and his natural inclination to w ork with la w students as havin g much to do with this seeming reactionary move (op, cit., p. 7 1 ) . It should be noted also that the three schools provided for in 1857 never really came into existence. T h e graduate de­ partment was abolished the next year. 48 T h e senior year also provided for Say’s Political Economy and history the first term and W aylan d’s Elements of M o ra l Science the second term. Previous to 1836 the course o f study was the usual one, with Roman antiquities, history, moral philosophy, and political economy. 49 From 1841 through 18 4 5 -4 6 the M aynard professorship was vacant with no mention o f political subjects.

In 1858 Dwight resigned to accept a post at Columbia.50 Under his successor the senior course was not appreciably changed. In 1861-62 it provided for modern history and Bowen’s text in political economy the first term; moral philosophy (W ayland) and munic­ ipal law (Blackstone) the second term; and constitutional law (D uer’s Outlines) the third term. These subjects remained un­ changed to the seventies.51 T he work at Hamilton, therefore, is significant only as evidence of an early interest in “ civil polity” and in “ legal and political science.” B y the middle of the century the course offerings'had become routine listings of standard texts. University of Pennsylvania.— An historian of the University of Pennsylvania terms the first half of the nineteenth century the “ middle ages” of the University’s history.52 T he course of study in 1830 was very general. The junior class studied moral philosophy. T he senior class, taught by the provost, was offered “ Natural and Political Law ,” which became three years later “ Law of Nations and Political Law (Kent’s Commentaries).” In 1840-41 the “ Law of Nations” course still listed Kent’s Commentaries as the text, and “ Political Law ” was to cover the “ Constitution of the United States with Lectures,” both being taught in the Department of Rhetoric and English Literature. In 1845-46 history was offered to each class, including lectures on American constitutional history for juniors. International law was taught through lectures in the junior year, and constitutional law, through lectures on the Constitution along with W hewell’s E le­ ments of Morality, in the senior year. In 1854-55 international law (lectures) and constitutional history of the United States were listed with moral and intellectual philos60 D u rin g his twelve years’ tenure o f the M aynard professorship at Hamilton C ollege, D w ig h t had also developed a law department which was incorporated in l8 5 5 ‘ 61 Books o f reference for “ la w ” still included D w ig h t’s list: Kent, Story, and VatteL F o r “ political philosophy” Lieber’s C iv il Liberty was cited. 62 E dw ard P. Cheney, in Universities and Their Sons: University o f Pennsyl­ vania (Boston: R . Herndon C o., 1 9 0 1 ) , I, 1 0 5 -1 4 .

ophy for juniors. The seniors had moral and intellectual philosophy also, along with history and constitutional law. The following year with Provost Vethake as professor of intellectual and moral philos­ ophy, the senior course included: moral philosophy (W ayland); international law (lectures) ; Constitution of the United States (lec­ tures); and political economy (lectures). This was duplicated in every year down to 1860-61 when moral philosophy (W hew ell) was again taught to juniors. For the senior class the course then in­ cluded: moral philosophy; political economy (Bowen); and Con­ stitution of the United States (lectures). This continued through 1864-65, except for the substitution of Carey for Bowen’s Political Economy. Rutgers College.— During the presidency of Theodore Frelinghuysen (1850-61) 53 Rutgers College offered a program of studies that compared favorably with that of her contemporaries. The presi­ dent was professor of international and constitutional law, moral philosophy, and rhetoric. In 1853-54 the junior class studied a course in “ Political Philosophy.” Wayland was used in moral phi­ losophy. In the senior year a group of studies included : Story on the Constitution of the United States; Paley’s Political Philosophy, History and Chronology. Two years later (1855—56) the text on the Constitution was Sheppard, and a new subject was “ Law of Na­ tions.” In 1863-64, under Frelinghuysen’s successor, the course listings changed to include in the senior year moral philosophy (W ayland and Hopkins); political economy; and Constitution of the United States (Sheppard). Columbian College.— Columbian College in Washington, D. C., began instruction in January 1822. Its first president, the Reverend W illiam Staughton (1821—27), occupied a “ settee” so common in small colleges as professor of general history, belles lettres, rhetoric, and moral philosophy, and of divinity and pulpit eloquence. The laws of the college for 1822 and 1824 listed history and antiquities 53 Frelinghuysen had been attorney-general for N ew United States senator ( 1 8 2 9 - 3 5 ) .

Jersey

(18 17 -2 9 )

and

for freshmen; geography, history, and elements of chronology for sophomores; history of civil society for juniors; and natural and political law and moral philosophy for seniors.54 ß y 1839 the senior philosophy course was entitled “ Political, &c.” and comprised Vattel, the Federalist, and W ayland’s Political Econ­ omy, along with Abercrombie on the M oral Feelings and a text on rhetoric.55 This listing had by 1847 separated into three parts: polit­ ical economy, Story on the Constitution, and Guizot’s History of Civilization . 5G By the middle fifties “ Political Philosophy” was a recognized subject heading, under which were required Wayland’s Political Economy, and Story. From 1860-61, on, “ Political Philos­ ophy” comprised W oolsey’s International Law and W ayland’s Po­ litical Economy in the first term; and Story, and Poison’s Law of Nations in the second term.

COLLEGES IN THE SOUTH

University of Virginia.— This institution was established, in 1819, chiefly through the efforts of Thomas Jefferson.57 In April 1824 the board of visitors discovered that future income would permit only eight professorships. These included one each for moral philosophy and law. In the school of law are to be taught the common and statute law, that of the chancery, the laws feudal, civil, mercatorial, and of nature and 34 T h e 1S25 catalog specified A d am ’s Roman Antiquities; T y tle r ’s history for sophomores j and V attel for seniors. 55 T h e junior course in moral philosophy in 1839 was using Paley “ in part.” 36 In 1 847 moral philosophy was a senior subject o f study using W aylan d as text. Political economy had Say and W ayland. B y the middle fifties Say and Guizot were no longer listed. In the sixties D a g g supplemented W ayland in the senior course in moral philosophy. 57 “ Never was an institution more completely the materialization of one man’s thought than is the University o f V irginia,” said Adams. See Herbert B. Adams, Thomas Jefferson and the University of Virginia, U . S. Bureau o f Education C ir­ cular o f Information, 1888, N o. 1 (W ashington, D . C : Government Printing O f­ fice, 1 8 8 8 ), p. 99.

nations; and also the principles of government and political econ­ omy.58

It was thought advisable that the professorships of ethics, and of law and politics, should be filled by native Americans, because they were “ connected with a science calculated to give tone and direction to the public mind, on the most important subjects that can occupy the human understanding.” 59 Considerable difficulty was experi­ enced in filling the chair of law and politics. In a letter to Joseph C. Cabell of February 3, 1825 Jefferson declared: 60 But there is one branch in which we are the best judges, in which heresies may be taught, of so interesting a character in our own State, and to the United States, as to make it a duty in us to lay down the principles which shall be taught. It is that of government.

Not knowing where to find a professor not infected with Federalism, Jefferson proposed “ to guard against the dissemination of such prin­ ciples among our youth, and the diffusion of that poison, by a pre­ vious prescription of the texts to be followed in their discourses.” H e wrote to Madison also, asking his criticism of the protective resolution. Madison replied February 8, 1825: G1 I have looked with attention over your intended proposal of a text-book for the L aw school. It is certainly very material that the true doctrines of 58 Early History of the University of Virginia (Richmond, V a.: J. W . Randolph, 1 8 5 6 ), p. 482. A report to the legislature by the Rockfish Commission in 1818 preparatory to the establishment o f the institution had stated the objects of higher education. A m on g them were these: “ T o form the statesmen, legislators and judges, on whom public prosperity and individual happiness are so much to depend; T o expound the principles and structure o f government, the laws which regulate the intercourse o f nations, those formed m unicipally for our own government, and a sound spirit o f legislation, which, banishing all arbitrary and unnecessary restraint on individual action, shall leave us free to do whatever does not violate the equal rights of an­ other” (ibid.y p. 4 3 5 ) . 09 Letter from Cabell to Jefferson, A p ril 16, 1824. Early History o f the Uni­ versity of Virginia y pp. 303—4.

60 Ibid.y

p. 339. Also, H oneyw ell, op. c i t p. 9 7; and Adams, Thomas Jeffer­

son and the University of Virginia, p. 137. 61 Letters and Other Writings o f James Madison, III, 48 1—83.

liberty, as exemplified in our political system, should be inculcated on those who are to sustain and may administer it.

Madison remarked that it is not easy to find books that will be “ both guides and guards.” H e then commented on the books suggested. Sidney’s Discourses and Locke’s Essay on Civil Government he thought were “ admirably calculated to impress on young minds the right of nations to establish their own Governments, and to inspire a love of free ones.” T he Declaration of Independence he approved “ as the fundamental act of Union” and the Federalist “ as the most authentic exposition of the text of the Federal Constitution, as under­ stood by the Body which prepared and the authority which accepted it.” H e hesitated to approve the Virginia document of 1799 which declared the unconstitutionality of the alien and sedition laws, for fear of exciting prejudices against the University for being under party banners. H e suggested the addition of the inaugural speech and farewell address of Washington “ as conveying political lessons of peculiar value.” H e concluded, however, that after all, the most effectual safeguard against heretical intrusions into the school of politics will be an able and orthodox Professor, whose course of instruction will be an example to his successors, and may carry with it a sanction from the Visitors.

T he March meeting of the Visitors in 1825 approvecTthis resolu­ tion: 62 62

H oneyw ell,

o f . cit., pp.

1 2 1 —22.

Also,

Charles

Flinn

A rrow ood

(e d .),

Thom as Jefferson and Education in a R efu b lic (N e w Y o rk : M cG r a w -H ill Book Co., 1 9 3 0 ), pp. 166—68. In September 1833 M adison, then rector of the University, wrote W . A . Duer, president o f Colum bia C ollege, who had prepared an outline o f a book on con­ stitutional jurisprudence (later published as a textbook in 1 8 4 3 ): “ T h e choice o f text and class books is left to the Professors respectively. T h e only exception is in the school of law , in which the subject o f Government is included, and on that the Board o f Visitors have prescribed as text authorities, ‘T h e

Federalist,> the

Resolutions o f V irginia in 1798, with the comment on them in ’ 99, and W ashing­ ton’s Farew ell Address. T h e use, therefore, that w ill be made o f any analogous publications w ill depend on the discretion o f the Professor himself” ( Letters and Other Writings of James Madison, III, 4 8 1—8 3 ). Adam s comments that Jefferson “ carried his patriotism rather

too

far when he

W hereas it is the duty of this Board to the Government under which it lives and especially to that of which this University is the immediate crea­ tion, to pay especial attention to the principles of government which shall be inculcated therein, and to provide that none shall be inculcated which are incompatible with those on which the constitutions of this State and of the United States were genuinely based, in the common opinion; and for this purpose it may be necessary to point out specially where these princi­ ples are to be found legitimately developed : Resolved, that it is the opinion of this Board that as to the general principles of liberty and the rights of man, in nature and in society, the doctrines of Locke in his Essay con­ cerning the true original extent and end of Civil Governmenty and of Sidney in his Discourses on Government may be considered as those gen­ erally approved by our fellow citizens of this, and the United States, and that on the distinctive principles of the government of our State and of that of the United States, the best guides are to be found in ( i ) the Declaration of lndefendencey as the fundamental act of union of these states, (2 ) the book known by the title of T h e Federalisty being an au­ thority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the United States, on ques­ tions as to its genuine meaning, (3 ) T h e Resolutions of the General Assembly of Virginia in 1799 on the subject of the alien and sedition laws, which appear to accord with the predominant sense of the people of the United States, (4 ) T h e valedictory address of President W ashington, as conveying political lessons of peculiar value ; and that in the branch of the School of L aw , which is to treat on the subject of civil polity, these shall be used as the text and documents of the school*

The School of M oral Philosophy offered work in “ the Philosophy of Human Relations or ‘Ethics of Society5 55 and after 1826 in polit­ ical economy.63 attempted to make provision for the exclusion from the University o f V irgin ia of federalism, which he regarded as political heresy. B y dictating a republican course o f instruction he was g u ilty o f narrowing political science to a party platform ” (Thom as Jefferson and the University of Virginia, p. 1 3 9 ). 68

George T u cker occupied the chair o f ethics for twenty years. He had served

in Congress and won distinction as a debater and constitutional lawyer. In 1837 he published T h e Laws of Wages, Profit and Rent Investigated, in which he called

T he School of History and Literature was established in 1856.*64 The course in history considered the successions, revolutions, and various aspects of the nations and attempted to reduce the changes of nations and governments to the operation of stated principles. T h e School of Law was the department designed to instruct in principles of government. B y 1829, however, it was felt that the chair of law should be reorganized in order to meet more fully the needs of such young men as intended to become active members of the bar. Under John A. G. Davis (1830-40) subjects were taught in the junior course that were of significance for à liberal education: law of nature and nations, science of government, constitutional law, history of common law, and the elementary principles of criminal and municipal law. His textbooks were Vattel, the Federalist, Resolu­ tions of 1798-99, Black stone’s Commentaries, and a treatise by him­ self. T h e attention of the senior group was concentrated on the the­ ory and practice of law as a profession.65 himself professor o f “ M o ra l Philosophy and Political Econom y.” H is successor was W illiam H. M cG u ffey who served to 1873. T h e catalog for 18 4 5 -4 6 listed three classes for the School o f M o ral Philosophy: junior, intermediate, and senior. T h e intermediate class studied Political Economy, Statistics, and the Philosophy o f Social Relations or “ Ethics o f Society.” Textbooks listed included: Political Econom y ( A . Sm ith)

Say (M cC u llo ch )

T u cker (and

C arey) $ on the Progress o f Society (Ferguson) G uizot ( T a y lo r ) andJ&JcKinnon. T hose texts enclosed in parentheses were not required, but were to be consulted. T en years later the texts were: Say and J. S. M ill for political economy, and Guizot, G rim ké, and !De T o cqu eville for the “ Progress o f Society.” In 1856—57 only two classes were listed for the school. T h e junior class studied political economy, statistics, and the philosophy o f social relations or “ Ethics o f Society.” T h e texts were those listed in the previous year for the intermediate class. T h e senior class studied mental and moral philosophy, the first h a lf o f the session 5 logic, belles-lettres, and criticism, the second half. In moral philosophy the texts were Stewart, Jouffroy, Butler, and Alexander. T h ere were four lectures a week to seniors and two to juniors. From 1 8 5 7 -5 8 on, the course on the progress of society was absorbed by the School o f History and General Literature. 64 P h illip Alexander Bruce, History of the University of Virginia (N ew Y o rk : M acm illan Co., 1 9 2 0 -2 2 ) , III, 3 0 -3 3 . 65 Ibid., II, 1 0 1 -5 . Judge H enry St. George T u ck er held the chair from 1841 to 1845. Under him the School o f L a w divided into tw o classes. John B. M in or succeeded him and served to 1895.

By 1856-57 the school was divided into two departments: com­ mon and statute law under Professor John B. Minor; and civil, con­ stitutional, and international law, equity, etc., under Professor James P . Holcombe.66 Each department had two classes. In the depart­ ment of “ Equity, mercantile, international and Constitutional law, and government, etc.,” the junior class program was as follows: Junior Class.— Lectures on Government, Federalist, D uer’s Outlines of the Constitution, Madison’s Report 1799, Poison’s L aw of Nations, Select Chapters of Vattel’s L a w of Nations.

T he degree of bachelor of laws was conferred upon those who upon examination showed acquaintance with all the subjects taught in all the classes. “ To those who exhibited a competent knowledge of International and Constitutional Law and of the science of Govern­ ment, a certificate of proficiency was awarded.” 67 T he School of Law was by now essentially an institution for pro­ fessional training for the law, even though certain general courses in political science offered by it were open to students from other schools. “ Politics” for legislators and citizens as well as law proper for practitioners had been taught from the beginning. Jefferson’s plan, however, had ignored the fundamental distinction between T h e catalog for 1845—46 listed for the junior class: law of nature and nations, the science of government, constitutional law , and the elementary principles of municipal law. T h e texts as before were; Vattel, the Federalist, the V irginia report o f 1799, and Blackstone, supplemented by lectures on government and topics not in textbooks. T h e senior group had professional law courses. These junior studies were said “ to constitute a h igh ly useful branch o f general education.” Students from other schools were, therefore, permitted to attend “ constitutional la w and government.” 06 Due to an increased enrolment an adjunct professor had been named in í

85 - 5 2. í

67 Academic degrees from early years included “ proficient” and “ graduate.” T h e first applied only to those branches o f some o f the schools which the student was allowed to attend separately. These included political economy and “ N ational L a w , Constitutional L a w and Government” in 18 57—58. “ Graduate” early applied to completion o f all the work in a given school. In 18 57—58 the work specified was equivalent to the ordinary requirements for the A . B. degree.

cultural and professional education.08 As the field grew too large to be cultivated by one man, professionalization had its opportunity to expand. College of William and Mary.— Developments at the College of W illiam and M ary in the second quarter of the nineteenth century are associated with the name of Thomas Roderick Dew (1802-46), who became professor of political law in 1827. T he laws and regula­ tions published in 1830 69 defined his duties as follows: T h e Professor of Political L aw shall deliver Lectures on Natural and National L aw , Political Economy, Metaphysics, Government and His­ tory. T h e T e x t Book on Natural and National L aw shall be Vattel, with reference to Rutherforth’s Institutes. In Political Economy Smith’s W ealth of Nations; Metaphysics— Browne abridged; Government— Locke and Rousseau’s Social Compact.

These laws also prescribed Paley as the text in moral philosophy. In the law department, “ the Professor of Law shall deliver Lectures on the History and Principles of the Constitution of Virginia, and of the United States, and the Law as it exists in Virginia.” T he method of instruction in law, history, and political science was by lectures combined with recitations from appropriate textbooks. T he textbooks listed for the course of instruction in i830^as regu­ lated by the Board of Visitors, included several titles in addition to those required by the statute of July 8,1830. For the junior political 68 Reed, o f. cit.y pp. 1 5 4 -5 5 . Note that this distinction was made in Jefferson’s letter to Peter Carr in 18 14

( Early History of the University of Virginia, pp.

384-90). 69 Laws and Regulations of the C olleg e o f W illiam and M ary in Virginia (R ichm ond: T hom as W , W hite, 18 3 0 ), pp. 8 -9 . T h e plan o f instruction provided for three departments: modern and ancient languages, and sciences. In the Depart­ ment o f Sciences were comprised four junior and four senior classes embracing moral philosophy and ethicsj junior political, embracing civil history, ancient and modern in the first h a lf o f the course and the law of nature and nations in the second h a lf 5 senior moral, embracing the elements o f criticism, etc.*, and senior political, embracing the philosophy o f the human mind and political economy. O f the fo regoin g classes, the fo llo w in g were am ong those necessary for the degree o f bachelor of arts: junior moral, second h a lf o f junior political, and senior political. T hree years was the usual time required to complete the course.

class, texts were: T ytler’s Elements of History y Locke on Govern­ ment, Rousseau’s Social Comfact> and Vattel’s Law of Nations. For the junior moral class, Paley was used. For the senior political class, Smith’s Wealth of Nations was one of the texts listed. The law course added Madison’s Report to Tucker’s Blackstone. The laws and regulations for 1835 showed no change in course or textbooks.70 Professor Dew. became president in 1836.71 The laws and regula­ tions of the college published the following year 72 listed him as president and “ Professor of M oral and Political Philosophy.” The requirements for the professorship were stated thus: T h e Professor of M oral and Political Philosophy shall deliver lectures on Moral Philosophy, Rhetoric and Belles Lettres, Logic, and the Phi­ losophy of Gram m ar; Political Economy, Metaphysics, Governm ent and History.

The professor of law (Beverley Tucker) not only was required to lecture on the history and principles of the Constitution of the United States and of Virginia, but also “ on Natural and National Law and Government.” In 1837 the junior moral course embraced moral philosophy and history, ancient and modern. The junior political (half course) em­ braced the laws of nature and nations, and government (using Vattel). The senior political as before embraced the philosophy of the human mind and political economy (in the latter case using M ’Culloch’s Outlines of Political Economy). By 1840 Say’s Political 70 Laws and Regulations of the C ollege of W illiam and M a ry , in Virginia (Richm ond: T . W . W hite, 1 8 3 5 ). T h e prescriptions of 1830 were not innova­ tions, as evidenced in an examination of the catalog fo r 18 2 9 -3 0 and the “ adver­ tisement” of August 10, 1829 quoted by T y le r ( T h e C ollege of W illiam and M a ry, pp .

13-14)-

71 Adams says o f him: “ He was to the C ollege o f W illiam and M a ry w hat Pro­ fessor Cooper was to the C o llege of South Carolina— a teacher whose doctrine entered into the political life o f the southern people” ( T h e C ollege of W illiam and M aryf p. 5 5 ) . T h is has particular reference to his lectures on the tariff. See C h ap ­ ter X . 72 Laws and Regulations of the C ollege of W illiam and M a ry, in Virginia (Petersburg, V a.: Farmers’ Register, 1 8 3 7 ).

Economy was required and in law Lieber’s Political Ethics.73 D ew ’s own lectures on slavery were also assigned to the senior political class. I n i 845 there was no change.74 T he laws and regulations of 1849 75 listed the Right Reverend John Johns as professor of moral and intellectual philosophy, elect; Beverley Tucker as professor of municipal and constitutional law; and H enry A . Washington as professor of history and political economy. T he senior class studies then included moral and mental philosophy and “ International Law, Political Economy and His­ tory.” The following year the professor of history and political economy headed the Department of History, Political Economy, and Inter­ national Law .76 In this department were two classes. The junior class studied history, ancient and modern, using Tytler. The senior class studied political economy and the law of nations. T h e text book in Political Economy is Say, which is accompanied by lec­ tures correcting the errors of Say, and engrafting on the text the most useful portions of Smith, M ’Culloch, Ricardo and Mills. In International L aw , the text book is Vattel, attended by lectures embodying the im­ portant improvements in the L aw of Nations since Vattel wrote.

In the Department of Law there were also two classes. “ The Junior Class studies the Science of Government, Constitutional’ Paw , and the elementary principles of Municipal Law .” T he textbooks in­ cluded the Federalist, Madison’s Re fort of 1799, Kent’s Commen­ taries, and Blackstone. T he senior class dealt with the more technical phases of law. Thus the principles of government were removed from the regular academic course. By 1855 emphasis was being placed on history, and the student in 73 Laws and Regulations of the C ollege o f W illiam and M ary, in Virginia (Petersburg, V a.: Edmund and Julian C. Ruffin, 18 40 ). 74 Laws and Regulations o f the C ollege o f W illiam and M ary, in Virginia (Richm ond: Shepherd and Colin, 18 4 5 ). 75 Laws and Regulations o f the C o lleg e o f W illiam and M ary, in Virginia (R ichm ond: Shepherd and Colin, 18 4 9 ). D e w died in 1846. 76 Laws and Regulations o f W illiam and M ary College at Williamsburg, Vir­ ginia (n. p., 1 8 4 9 -5 0 ).

the junior class was “ strenuously advised” to become informed with regard to the history of the countries to which the lectures related. In the senior year as well the student was earnesdy advised to put himself in a position to reap the full benefit of the lectures by a preparatory course of reading; and for this purpose, in Political Economy, Smith, M cCullock, Ricardo and Mills, and in the L aw of Nations, W heaton’s History of the L aw of Nations are recom­ mended to him.

The department of law in 1855 was designed to afford a proper course of legal instruction “ as well for the general scholar, as for gentlemen intended for the bar.” T o the junior law class a course of lectures “ on the science of Government and Constitutional L aw ” was delivered by the professor of law (Judge George P. Scarburg). In the joint catalog for 1855-56 and 1856-57 Washington was called “ Professor of History and Constitutional Law ,” while the law professor was “ Professor of Municipal and International Law.” 77 There is little that is original or notable about this period of William and M ary’s existence other than the stimulating influence of Dew. The persistence in the use of texts first required by Bishop Madison a generation before is partial evidence of a conservative attitude toward established courses in political philosophy, offset by the development of political economy, wherein, with history, D ew ’s chief interest seemed to lie.78 South Carolina College.— The institution with which Francis Lieber was long connected before going to Columbia in 1857 was South Carolina College, founded in 1801. T he courses offered by Lieber during his twenty years at this college were so much a part 77 T h e former now headed the “ Department o f History, Political Econom y and Constitutional L a w .” T h e requirements were the same as for 1855, except that the section on the law o f nations was omitted. In the law department the junior class studied the science of government, international law , and the elementary principles o f municipal law . 78 See Chapter X .

of him that their nature may be grasped from the description of his books in the following chapter. THE MIDDLE WEST

A number of colleges and universities sprang up in the M iddle W est between 1800 and 1865, but most of them were still so new or so small that they exercised little influence on the course of educa­ tional. development in that period. It may, however, be proper to call attention to one of them, and thus to anticipate a little the more important role they were to play in the post-Civil W ar period. University of Michigan.— The University of Michigan was for­ mally opened in September 184.1.™ The mental fare was the tradi­ tional classical curriculum which differed not at all from the ordinary course of the day in spite of the progressive spirit of the founders.80 The course of study for 1843-44 listed for the seniors in moral sci­ ence: W ayland’s Moral Science and political grammar, for the sec­ ond term j and Story on the Constitution, W ayland’s Political Econ­ omy , and Butler’s Analogy, for the third term.81 The appointment of Andrew Dickson W hite in 1857 as instructor in history prepared the way for later emphasis on political studies.82 79 A ndrew C. M cL au gh lin , History o f H igher Education in M ichigan, U. S. Bureau o f Education Circular o f Information, 18 91, N o, 4 (W ashington, D , C. : Government Printing-Office, 1 8 9 1 ) , pp. 35—36, 4 1. Also, W ilfred Shaw, T h e University o f M ichigan (N e w Y o rk : Harcourt, Brace and H ow e, 19 2 0 ), p. 30. 80 Shaw, ibid., p. 31. 81 M cL a u g h lin , o f. cit.f p. 42, Shaw remarks that the seniors had courses in “ philosophy, moral science, psychology, logic, economics, and political science,” T h is is obviously a paraphrase into present day terms, Adam s has commented : “ In the department o f intellectual and moral science la y the original germs o f all subsequent political teaching at A nn A rbor” ( T h e Study o f History in American Colleges and Universities, p. 9 1 ) , 82 C atalogs in the sixties state that the effort o f the department o f history was threefold: ( 1 ) a review o f general history} ( 2 ) insight into the philosophy o f his­ tory} and ( 3 ) “ to la y the foundation for a thorough study o f the Political and Constitutional History o f our own Country,” W hite did no work at M ichigan after 1862. His successor was Charles K endall Adams. See Chapter X I.

I N S T R U C T I O N IN P O L I T I C A L P H I L O S O P H Y , T H E C O N S T IT U T IO N , A N D I N T E R N A T I O N A L L A W , 1825-65 FRANCIS LIEBER AND POLITICAL PHILOSOPHY

The outstanding contributions to theoretical political science in the period preceding the Civil W ar came from the pen of Francis Lieber, the beginner in the United States of the systematic study of politics. America owes a large debt to Lieber. Probably no man has instructed so many of our countrymen in the truth of history, the canons of ethics, and the principles of political science.1

Francis Lieber was born in Berlin in 1800. During the period of suppression and reaction that followed the Napoleonic wars he was charged with being an enemy of the state and subjected to surveil­ lance. H e arrived in the United States in 1827. Through editing the Encyclofaedia Americana, whose first volume appeared in 1829, he gained an accurate knowledge of the institutions and history of the country. On June 5, 1835 he was elected professor of history and political economy at South Carolina College. H is biographer states that this College was a good field for the introduction of the subjects be­ longing to Lieber’s chair. T h e tendency of the Southern youth to enter public life, made history and politics the most popular subjects of the course.2 1 T h is was T h a y er’s evaluation. C f. M . Russell T h a yer, “ T h e L ife , Character, and W ritings o f Francis Lieber,” in Lieber’s Miscellaneous Writings (P hiladelphia: J. B. Lippincott and Co., 1 8 8 1 ), I, 15 —44, 2 Reprinted from H arley, o f . cit.y p. 67, by permission o f Colum bia University Press. Considering, however, that Cooper had taught political economy since 1824, “ introduction” seems hardly the suitable word.

138

A ll his great works were produced during this period in the South.3 These works represent the first real transmission of German political philosophy to the N ew W orld through the clarifying experience of E n g­ lish history and American life. His was the first great original production of political science in America. This creation came from.the contact of a philosophic German with the historic realities of Anglo-Am erican liberty.4

Elsewhere it has been stated that his Manual of Political Ethics and his Civil Liberty and Self-Government were the first systematic treatises on political science that appeared in the United States.5 On M ay 18, 1857 he was elected to the chair of history and polit­ ical economy at Columbia College.6 On M ay 20 he wrote to Hamil­ ton Fish, one of the trustees and a close friend: 7 . . . . I am appointed Professor of History and Political Economy. I believe, however, certainly 1 hope, that I shall have to teach and be per­ mitted to lecture on Government, Political Philosophy, or, as our great master called it, Politics,— call it what you may. N ow would it be much out of order if some one moved next Monday to call my chair that of History and Political Science? A nd, would it be carried? For, a thing of this sort ought not, I know, to be asked unless, ninety-nine to one, it will be carried. I should not like to appear in the matter, simply because it would look very ungracious were I to begin my career with you by fault­ finding— which it would appear to be, though it is not. But I actually have not yet written my letters to D e Tocqueville, Bunsen and Mittermaier, because it would gratify me to tell them that I have been made professor of the greatest branches in the greatest city of the greatest Union— that of History and Political Science.

T he trustees acceded to his wishes respecting his title. T he subjects assigned him as professor of history and political science were mod3 M anual o f Political Ethics (1 8 3 8 )5 Legal and Political Hermeneutics, or the Principles o f Interpretation and Construction in Law and Politics (1 8 3 9 )5 and C iv il Liberty and Self-Governm ent ( 1 8 5 3 ) . 4 Adams, T h e Study o f History in American Colleges and Universities, p. 69. 5 American Political Science R eview , X V I I (192*3), 290. 6 See Chapter V I II. 7 Thom as Sergeant Perry (e d .), L ife and Letters of Francis Lieber (Boston: James R . Osgood and Co., 18 8 2 ), p. 295.

ern history, political science, international law, civil and common law. H e taught Greek history to the freshmen, Roman history to sophomores, medieval history to juniors, and to the seniors modern history, political philosophy, and political economy, using Say, and his own text on political ethics. As a teacher he drove home the facts by reference to current events.8 In 1865 the trustees abolished the professorship. Lieber was then transferred to the Law School which had been organized in 1858 with Theodore W . Dwight as professor of municipal law. B y resolution of the trustees passed October 9, 1865 his title was declared to be: Professor of Constitutional History and Public Law. H e was required to deliver one lecture weekly to each class. To the junior class he lectured on the constitutional his­ tory of England and also on modern political history. T o the seniors he lectured on the subjects of United States history and government.9 Lieber defined history as aa scientific account of the authenticated and remarkable facts which have influenced the social state of man or bear testimony of its state at a given period.” From an ethical point 8 Lieber himself stated: “ I have never in m y life delivered the same lecture twice over, and hold it one o f the first duties of a conscientious and ardent professor always to adapt his lectures both to the spirit and temper of his class and to the current events of the time.” Quoted in H arley, op. cit.} p. 196. H arley comments that Lieber could not descend to the level of the partisan (p. 1 6 4 ). A contempo­ rary opinion is that of President Butler o f Colum bia University who has stated: “ Probably history was never better taught to college students than by Francis Lieber” {Annual Report, 19 2 1 , p. 2 8 ). Y et Burgess said of him : “ A s a writer Professor Lieber instructed the United States and the world, but as a teacher he was a distinct failure. He was conscious o f this himself, and he gave very few lec­ tures to a mere handful o f students and conducted no recitations or examinations at a ll.” C f. John W . Burgess, Reminiscences of an American Scholar (N e w Y o rk : Columbia University Press, 1 9 3 4 ), p. 70. Quotations from H arley and Burgess reprinted by permission of Columbia University Press. 9 Harley, o f. cit.y p. 91. D w ig h t stated that Lieber “ gave yearly a course o f lec­ tures upon those special subjects in which he had gained great distinction for his learning, origin ality and independence o f thought, extensive research and sound judgment, viz., the History of Political Literature, Political Ethics, the origin, de­ velopment, objects, and history o f Political Society, Constitutional Government, etc.” Quoted in J. H . Van A m rin ge’s A n Historical Sketch of Columbia College (N ew York, 1 8 7 6 ), p. 84. Burgess said in 1893 that “ Lieber’s audience o f students seldom rose above four members.” Quoted in A History of Columbia University I 754~ I 9°4) P* 2 1 6. Reprinted by permission of Columbia University Press.

of view, history may be considered “ practical morals.” 10 “ Political economy might be defined by being the science which occupied itself essentially with the material life of society.” 11 In his inaugural address as professor of history and political sci­ ence at Columbia in 1858 he stated:12 “ T o me have been assigned the sciences which treat of man in his social relations, of humanity in all its phases in society.” After discussing the manner in which political economy fought its way to recognition in academic circles, he continued: I f it is now generally acknowledged that Political Economy ought not to be omitted in a course of superior education, all the reasons apply with greater force to that branch which treats of the relations of man as a jural being— as citizen, and most especially so in our country, where individual political liberty is enjoyed in a degree in which it has never been enjoyed before. Nowhere is political action carried to a greater intensity, and no­ where is the calming effect of an earnest and scientific treatment of politics more necessary...............O ne of the means to insure the difficult existence of liberty . . . . is the earnest bringing up of the young in the path of political truth and justice, the necessity of which is increased by the reflection that in our period of large cities, man has to solve, for the first time in history, the problem of making a high degree of general and in­ dividual liberty compatible with populous cities. It is one of-the highest problems of our race, which cannot yet be said to have been solved.

A complete course of political philosophy “ should wind its way through the large field of political science” somewhat in this man­ ner. The teacher should start with the premise that each man is both an individual and a social being, decreed forever to oscillate between the two poles of individualism and socialism. This should lead to a consideration of the twin ideas of right and duty. Political science to Lieber was based upon this elementary truth, that the idea 10 Miscellaneous Writings, I, 191 and 183* 11 J b i d p. 201. 12 Inaugural address delivered February

17 ,

1858, in Addresses o f N ew ly-

A fp o in te d Professors o f Columbia C o lleg e (N e w Y o rk , 1 8 5 8 ), pp« 5 7 - 1 1 6 . Also in Miscellaneous Writings, I, 3 5 1 -6 8 .

o f right involves a correlative idea o f obligation. T h is w ould lead to that division he called political ethics, which should teach a h eigh t­ ened public spirit. T h e n he w ould approach that branch which dis­ cusses the means b y which man endeavors to achieve social ends. T h is is the science o f governm ent, and the kn ow led ge o f g o v ern ­ ments which exist and have existed. F o llo w in g an historical survey o f all governm ents, he w ould survey political literature and the dis­ cussions o f m odel states. F in a lly he w ould consider as a separate topic our own p o lity and political existence. T h e student w ou ld thus be prepared to enter upon that branch which is the glory of our race in modern history, and possibly the greatest achievement of combined judgment and justice, acting under the genial light of culture and religion— on International L a w .............. L ieber then concludes as fo llo w s: Political science treats of man in his most important earthly phase; the State is the institution which has to protect or to check all his endeavors, and, in turn, reflects them...............Need I add that the student, having passed through these fields and having viewed these regions, will be the better prepared for the grave purposes for which this country destines him, and as a partner in the great commonwealth of self-government? If not, then strike these sciences from your catalogue. L ie b e r’s P olitical E thics 13 has been term ed the “ first approach to a systematic treatise on political science ever published in A m erica.” 14 In it he pointed out that natural law and ethics are not the same, for the latter in volves duties as w e ll as rights. T h e best means o f secur­ ing w hat is righ t, he reasoned, is th rough politics. A scertaining by w hat m oral principles w e ou gh t to be guided in certain specific p olit­ ical cases comprises the subject m atter o f political ethics. T h e object o f his m anual is to show how the principles o f ethics are applicable to 13 Francis Lieber, M anual of Political Ethics Designed Chiefly fo r the Use of Colleges and Students at Law (Boston: Charles C . Little and James Brown, 18 3 8 ). 14 Encyclopedia Americana, X X I I , 316. Also, A?nerican Political Science R e­ view', X V II ( 1 9 2 3 ) , 290.

politics* Before discussing political ethics proper, he considered the state and its objects in order to make clear his view of political theory. The second part of the work, which dealt with political ethics, dis­ cussed such topics as the reciprocal relation of right and obligation; fortitude; moderation,ambition; continency; patriotism; education; obedience to laws; associations; liberty of the press; voting; parties; differences between deputative and representative systems; executive and judicial officers; and war. H e made constant use of references to authorities and illustrations. In a second edition edited by Woolsey, the latter quoted the fol­ lowing words of S to ry:15 It contains by far the fullest and most correct development of the true theory of what constitutes the State that I have ever seen. . . . . I do not hesitate to say that it constitutes one of the best theoretical treatises on the true nature and objects of government which has been produced in modern times, containing much for instruction, much for admonition, and much for deep meditation...............

Lieber’s Civil Liberty 16 published in 1853 won immediate recog­ nition as a text. W oolsey 17 commented concerning himself in the edition that he revised: Perceiving the merits of the work, and its suitableness for the^-wants of young men in the United States, he was the first, or among the first, to recommend it to students, so that as early as 1854 or 1855 he put it into the hands of his pupils in Y ale College. And he has had very good reason to believe that the general effect of the work upon young men has been of the most salutary kind.

W oolsey asserted also that Lieber was the founder of political sci­ ence in this country; and that he not only influenced political thought, but left a lasting impression upon his students. H e noted, 15 Francis Lieber, M anual of Political Ethics} ed. Theodore D . W oolsey (2 d ed. rev.; Philadelphia: J. B. Lippincott and Co., 1 8 7 5 ) ,

I, 3.

16 Francis Lieber, O n C iv il Liberty and Self-Governm ent (Philadelphia: L ip ­ pincott, Grambo and Co., 1 8 5 3 ). 17 Ibid. (J. B. Lippincott and Co., 1 8 7 4 ),

p.

6.

furthermore, that the book cannot be read profitably without taking into account the events of 1848 and the Third Empire in France, for there is frequent contrast of Anglican and Gallican liberty. Civil liberty Lieber defined as “ the result of man’s twofold char­ acter, as an individual and social being, so soon as both are equally respected.” Liberty applied to political man means protection or checks against undue interference, whether from individuals, masses, or government. Other topics discussed included: ancient and modern liberty; Anglican liberty; treason; liberty of conscience; petition; representative government; parliamentary law and usage; selfgovernment; American liberty; Gallican liberty; institutional gov­ ernment; centralization; and Vox Populi Vox Dei.

OTHER TREATISES IN POLITICAL THEORY

Another work in the field of political philosophy appeared in 1848 and is known to have been used at least in the University of Virginia in the fifties. This is Grimké’s Considerations ufon the Nature and Tendency of Free Institutions,18 which dealt with such topics as the foundation of government; the principle of equality; the electoral franchise; parties; written constitutions; sovereignty of the people; the English constitution; the legislative power; institutions (educa­ tional, military, of the press, aristocratic, and of slavery) ; judicial power; the veto; the French constitution; is the American govern­ ment a balanced one? and the influence of America on Europe. Adam Ferguson’s work 19 was used by McGuffey at the University of Virginia in the forties. This book was divided into six parts: gen­ eral characteristics of human nature; the history of rude nations; the history of policy and arts; consequences that result from the 18 Frederick Grim ké, Considerations uf on the Nature and Tendency of Free In ­ stitutions (Cincinnati: H . W . D erby and Co., 18 4 8 ). G rim ké and Lieber have been referred to as the authors of outstanding works in political philosophy which helped segregate political philosophy as a new discipline before i860. C f. Bernard and Bernard, Social F orces, X I ( 1 9 3 3 ) , 494. 19 Adam Ferguson, A n Essay on the Origin of C iv il Society (8th ed.j Philadel­ phia: A . Finley, 1 8 1 9 ) .

advancement of civil and commercial arts; the decline of nations; and corruption and political slavery. Guizot’s treatise on the origin of representative government 20 was not so well known as his history of civilization. It was divided into two parts: representative institutions in England, France, and Spain, from the fifth to the eleventh century; and essays on repre­ sentative government in England, from the conquest till the reign of the Tudors. CONSTITUTIONAL APPROACH TO THE STUDY OF AMERICAN GOVERNMENT

“ Every member of the state ought diligently to read and study the constitution of his country, and teach the rising generation to be free.” 21 This doctrine underlay the numerous courses in “ the Con­ stitution” which appeared in college curricula before the Civil W ar and for over a quarter of a century thereafter. Even in the period prior to 1825 the Federalist was occasionally listed as a separate “ course” or as a part of a course.22 Besides being an exposition of the Constitution, this series of papers was a source of political theory. T he text of the Constitution itself seems to have been used in a number of instances.23 Commentaries or catechisms on the Constitution were also frequently listed. 20 F . P. G . Guizot, History o f the Origin of Refresentative Government in E u r o fe , trans. A ndrew R . Scoble (London: Henry G . Bohn, 1 8 5 2 ). Harvard used this treatise in the fifties. 21 Comment b y John Jay as C hief Justice o f the State o f N ew Y o rk , September 9, 1 7 7 7 , in Hezekiah Niles, Principles and Acts of the Revolution in America (B a l­ timore, 1 8 2 2 ) , p. 63. 22 See Chapter V . Dartmouth was faithful to the Federalist through 1865, with an occasional digression in favo r o f Story or Kent. T h e Federalist also appeared in the course o f other colleges from time to time, as in 18 6 4 -6 5 at W illiam s and in the fifties and sixties at H arvard. It was on the approved list o f treatises for the school of law and politics at the University o f V irginia. 23 A n anonymously edited source book was issued as early as 18 13. Bernard de­ clares it was in use in Tran sylvan ia University ( Encyclopaedia of the Social Sci­ ences, I, 3 2 9 ). It contains the Constitution, Declaration of Independence, and the constitutions o f the various states. See T h e Constitutions of the United States: A c ­ cording to the Latest Amendments (Lexington, K y .: Thom as T . Skillman, 1 8 1 3 ) . A t Yale during W oolsey’s administration “ lectures on the Constitution” were

Rawle hoped his View of the Constitution would be useful “ as an elementary treatise to the American Student” *24 An introduction discussed political constitutions in general and the nature of colonial government in British North America. The first chapter reproduced the Constitution, while the remaining thirty-one chapters comprised a commentary on the document, analyzing provisions relating to the legislative, executive, and judicial powers. Story’s Commentaries was a far more exhaustive study.25 This was listed under “ Political Philosophy” from

1854—55 on, and as a separate subject

from 18 59 -60 to 1865. From 1840 to 1850 the C o llege o f N ew Jersey listed the Constitution for the senior year. In

1850—51

this became “ constitutional la w ”

which continued through 1864—65. T h e University o f Pennsylvania in 1840—41 was offering a course in “ political la w ,” citing the Constitution o f the United States as the text. In 1845—46 the juniors had “ constitutional history o f the United States (lectures)”

and the seniors “ constitutional la w ”

through the Constitution and

W hewelPs Elements of M orality. B y 1854—55 the senior course was simply “ con­ stitutional la w ,” which may have been the same, for the next year under Vethake the Constitution again appeared as a single subject taught through lectures. T h is continued through 1864—65. Brown in 18 2 7 -2 8 prescribed for seniors the American Constitution and general law . In 1830—31 the juniors studied the “ American Constitution,” but an appended report of the facu lty stated that R aw le was used as text. T h e “ Am erican Consti­ tution” continued to be listed for some years with no text, until in 1836—37 Story was cited. In the forties again no text was noted. In 1850—51 Story was named specifically, and the question arises as to whether his treatise m ay not have been used continuously. T o the end o f W aylan d’s presidency in 1855 the texts were “ Bayard and Story on the Constitution.” H arvard’s listings in the 1860’s likewise may have been Bowen’s Documents rather than the Constitution itself. 24 W illiam R aw le, A View of the Constitution o f the United States of America (2 d ed.$ Philadelphia; Philip H. N icklin, 18 2 9 ). W ills states that the development o f a more concrete study o f political science, chiefly as exemplified in the English and American constitutional systems, began w ith the study of such works as that o f R aw le, first published in 1825. C f. Elbert Vaughan W ills,

T h e Growth o f

H igher Education (Philadelphia: Dorrance and Co., 1 9 3 6 ), p. 173 . R aw le was mentioned for Brown in 1830—31 and listed as the senior text at H arvard from 1830—31 to 1832—33. 25 Joseph Story, Commentaries on the Constitution o f the United States (Boston; H illiard, G ray, and Co., 1 8 3 3 ). A t H arvard Story replaced R aw le as soon as pub­ lished and was listed through the year 1852—53 until Bowen became A lfo r d pro­ fessor. W illiam s used it in the fifties and through 1864. Columbian C o llege listed it through the 1860’s. M ichigan named it in its first printed catalog ( 1 8 4 3 - 4 4 ) . Amherst used it from 18 4 9 -5 0 through 1 8 5 7 -5 8 .

a treatise by a professor of law and it made use of the analytical and legalistic approach. Story claimed no originality, but drew upon the Federalist and Marshall’s decisions. The work had three divisions: a sketch of colonial charters, colonial history, and ante-Revolutionary jurisprudence} history of the Revolution and of the Confederation; and finally, the Constitution of the United States, to which the major portion of the work was devoted. Forty of the forty-five chapters were given over to an analysis of constitutional provisions. W hen in 1854 Francis Bowen produced his Documents of the Constitution,26 the constitutional history approach to the study of American government was well established in the colleges. In his prefatory note Bowen remarked that in teaching the elements of constitutional history and law at Harvard, he had felt the want of such a compilation. This volume was not intended for separate use as a manual of instruction, but as the natural accompaniment of any textbook on the constitutional history or constitutional law of Eng­ land and America, or possibly as a syllabus for a course of lectures. Sheppard’s Constitutional Text-Book 27 has this subtitle: A Prac­ tical and Familiar Exposition of the Constitution of the United States, and of Portions of the Public and Administrative Law of the Federal Government. T he writer noted that manuals to be useful must pass beyond formal disquisitions upon the mere teXT of the Constitution, “ and enter into the practical administrative details and the public law of the government, so as to exhibit to some extent its actual workings.” H is object in this work was to present a brief in26 Francis Bowen (e d .), Documents of the Constitution of England and America from Magna Charta to the Federal Constitution of 1789 (Cam bridge, Mass.: John Bartlett, 1 8 5 4 ). Contents o f this compilation, with notes, included M agn a Charta ( 1 2 1 5 ) 5 Habeas Corpus A ct ( 1 6 7 9 ) > B ill o f Rights, Massachusetts B ody o f Liber­ ties ( 1 6 4 1 ) 5

Franklin’s Plan o f Union

(175 4 )5

Declaration o f Independence

( 1 7 7 6 ) 5 V irginia B ill o f Rights ( 1 7 7 6 ) 5 etc., concluding with the Constitution o f the United States. 27 Furman

Sheppard,

The Constitutional Text-Book

(Philadelphia:

Sower,

Barnes and Potts, 1 8 5 5 ). Sheppard was a text at H arvard for 18 6 3-6 4 . Brow n listed it w ith H allam for seniors from 18 5 8 -5 9 through the sixties in a course on E nglish and American history and constitutional law . Rutgers began its use in 1 8 5 5 -5 6 .

terpretation of each clause, illustrated by reference to facts and legislation. An appendix contained related documents, but no foot­ notes or references to authorities appeared. Another work of similar nature was an exposition by Bayard, published in 1833.28 A t that time the writer believed that nothing has been attempted in the way of a short and simple exposition of the principles of the Constitution for the use of young persons, and such as may not have time for a more extended research.

H e mentioned his reliance on the Federalist, Rawle, Sergeant, Kent, and the reports and decisions of the Supreme Court. T he contents included an introductory discussion of the history of the formation of the Constitution, the text of the document, and then “ A Brief Exposition, &c.,” in eleven chapters, of various provisions. Volume one of Kent’s Commentaries 29 was also mentioned as a text in both constitutional and international law. Constitutional histories of England supplied background for an appreciation of the American governmental system. H allam ’s Consti­ tutional History of England was one of the first volumes to be in­ troduced into college courses,30 and M ay’s work became popular in the sixties.31 28 James Bayard,

A Brief Exposition of the Constitution of the United States

(Philadelphia: H ogan and Thompson, 1 8 3 3 ). Bayard was listed with Story at Brown during the last years o f W aylan d’s presidency. 29 F o r a summary o f its contents see Chapter X . Yale listed Kent for the senior class from 18 3 3 -3 4 through 18 4 6 -4 7 . Dartmouth required it for 1842—43 and occasionally thereafter through 1 8 5 0 -5 1 . T h e University o f Pennsylvania in the 1 830^ used it as a means o f teaching the law of nations. H arvard mentioned it in 1 8 5 2 -5 3 and 1 8 5 3 -5 4 j Amherst in 1848-49 for international and constitutional la w j and Wisconsin in 18 6 1-6 2 and 18 6 2-6 3.

30 Henry Hallam, Constitutional History of England, from the Accession of Henry VII to the Death of George II (London: J. Murray, 1 8 2 7 ). Hallam was offered as an elective to sophomores, juniors, and seniors at Harvard by Jared Sparks. It reappeared in the catalogs occasionally in later years. M ay replaced it in the sixties. Brown’s new curriculum after 1850 emphasized the design of instruct­ ing in the British constitution and in the formation of the American government. Hallam was mentioned as a text. 31 Thom as Erskine M ay , The Constitutional History of England since the Ac­ cession of George the Thirdy 1760-2860 (London: Longm an, Green, Longm an,

,

and Roberts, 1 8 6 1 - 6 3 ) .

INTERNATIONAL LAW

International law developed as a separate subject of study partly under the tutelage of the law departments and partly within the arts group.32 The subject was early connected with natural law, but the courses tended to become more exact with less speculation as to the nature and sanctions of natural law.33 The use of Kent’s volume (i8 2 6 )a s a text and the publication of individual treatises beginning with that of Wheaton in 1836 helped consolidate the position of international law as a distinct body of subject matter. Most of the standard texts in moral philosophy continued to discuss the law of nations from a moralistic viewpoint. The treatises made use of the term “ international law,” however, rather than the older “ law of nations.” T h e first volume of Kent’s Commentaries on American Cavo 34 issued in 1826 became a text in international law in several institu­ tions, among them the University of Pennsylvania. Only part one dealt with the law of nations. Lecture topics included : the foundation and history of the law of nations ; rights and duties during peace 5 early measures of a state of war ; rights and duties of belligerent and neutral nations} and offenses against the law of the United States. T he works of H enry Wheaton gave to the United States a high position academically in the study of international law,35 and exer­ cised the greatest influence on American thought of any work in the 32 A present day comment on the situation before W heaton is as follow s: “ It seems doubtful whether the subject was much studied by those who were not pre­ paring for the bar, but its close connection at that time with moral philosophy may have given it some place in college courses in philosophy.” See M an ley O . Hudson,

Proceedings of the Third Conference of Teachers of International Law

(W ashing­

ton, D . C : Carnegie Endowment for International Peace, 1 9 2 8 ), p. 1 8 1 . A cursory glance at the contents o f moral philosophy texts for 1 7 7 0 -1 8 2 5 would have modi­ fied this statement. 33 Note, however, the continued use o f V attel at W illiam and M a ry and at the University o f Virginia. 34 James Kent,

Commentaries on American Law

1 8 2 6 ), V ol. I.

35 Encyclopaedia of the Social Sciences,

I, 330.

(N e w

Y o rk :

O.

Halsted,

field issued up to that time.36 His Elements 37 first published in 1 836 was designed for the use of persons engaged in diplomatic and other forms of public life, rather than for mere technical lawyers, although he ventures to hope that it may not be found wholly useless even to the latter.

H e noted that illustrative materials had greatly multiplied since the publication of “ VattePs highly appreciated work.” H e defined nat­ ural law as the rules of justice which ought to govern the conduct of men independently of human institutions, and “ may more properly be called the law of God, or the divine law, revealed by the light of reason, or the sacred Scriptures.” The law of nations or international law, he said, consists of those rules of conduct which reason deduces, as consonant to justice, from the nature of society existing among independent nations; with such definitions and modifications as may be established by general consent. An English text that enjoyed some measure of popularity was Poison’s Principles of the Law of Nations,38 Designed to furnish “ a succinct but complete view of the principles of international juris­ prudence,” this treatise dealt with the history, sources, and authority of the law of nations, and with the pacific and belligerent rights of nations. Halleck’s treatise 39 on the rules of peace and war issued in 1861 discussed various aspects of the intercourse of states. 36 Hudson, op. cit.y p. 181. Credit for the first systematic treatment Hudson gave to Kent. 3‘ Henry Wheaton, Elements of International Law: with a Sketch of the History of the Science (London: B. Fellows, 18 3 6 ). T h is treatise was issued while the au­ thor was minister to Berlin. T h e work was divided into four parts: Sources and Subjects of International L a w ; Absolute International Rights o f States; Interna­ tional R ights o f States in T h e ir Pacific Relations; and International R ights of States in T h eir Hostile Relations.

38 Archer Poison, Principles of the Law of Nations (Philadelphia: T . and J. W. Johnson and Co., i860). Columbian College introduced it in 1S59—60. The Uni­ versity of Virginia used it in the middle fifties. 30 H. W . H alleck, International Law (N ew Y o rk : D . Van Nostrand, 1 8 6 1 ) . T h is treatise was not the product of teaching, but was the work of a man who served during the war with M exico on the staff o f the army commander and as secretary of state for California.

It was W oolsey’s te x t40 published in i860 that helped popularize the study of international law in American colleges. The volume was written to supply a practical want that the writer had felt for years while teaching at Yale. H e had used Kent’s first nine lectures, but found this inconvenient, since it was a part of a larger work. Wheaton’s Elements, which Woolsey called “ the standard work in the English language upon the subject,” was too extensive to serve as a college textbook. T h e w ork is not written for lawyers, but to introduce students, especially students of history, into a science which has very close relations to the history of Christian states, and in general to that of civilization.

H e defined international law as “ the expression of the jural and moral relations of states to one another.” T he volume had two parts: T he Essential Powers of States, and Their Rights and Obli­ gations especially in a State of Peace; and International Law and Usage in a State of W ar. H e concluded with a discussion of the de­ fects, sanctions, progress, and prospects of international law. W e note, then, that political philosophy was a recognized unit of study after 1850, and that Francis Lieber’s works on political ethics and on civil government and liberty were among the mostimportant in use. Courses in “ the Constitution” were given in many colleges before the Civil W ar. The instruction was in most cases elementary, at times dignified as “ constitutional history” or the vague “ constitu­ tional law of the United States.” The courses on international law also were rather numerous. T hey employed as texts treatises by Kent, Wheaton, Poison, and later Woolsey. 40 Theodore D . W oolsey, introduction to the Study of international La Vol.

II

(W ashington,

D . C . : Government

Printing

Office,

1 8 9 1 ) , “ Superior and Professional Instruction: Part I I ,” pp. 1 29 4 .-1361.

2A

few typical moral philosophy texts were the fo llo w in g: In 1869 the president

o f Oberlin College, James H. Fairchild, issued his M o ra l Philosophy ory T h e Sci­ ence of Obligation (N e w Y o rk : Sheldon and C o ,) . Under “ practical ethics” he 222

namely, those of Porter and Hickok, seem to have any important political science content.3 In 1885 Noah Porter, president of Yale, issued his Elements of M oral S c ie n c e This treatise, he stated, was written primarily for the use of college and university students in their preparation for the

dealt briefly w ith government as w ell as w ith personal rights and duties* He indi­ cated the necessity for civ il government and its possible forms, and discussed tyr­ anny, spheres o f governmental action, and the limits o f obedience, including the justification o f revolution and the duties o f subordinates. T h is division concluded w ith a very general consideration o f the relations o f nations to each other and the duties involved. H enry Calderw ood’s Handbook of M ora l Philosophy (14 th ed.j London: M a c­ millan Co., 19 0 2) first published in London in 1872 defined moral philosophy as the “ rational explanation o f our moral actions, moral nature, and moral relations.” A chapter under “ A pplied Ethics” devoted to social life, organization, and g o v ­ ernment, commented upon the fact that by the study o f laws applicable to fam ily life, principles o f civil and political government m ight be developed. A n drew Preston Peabody’s M anual o f M o ra l Philosophy (N e w Y o rk : A . S. Barnes and Co., 1 8 7 3 ) was prepared for the use o f the freshman class at H arvard. Under “ Order” government was discussed from the standpoint o f obedience and the right o f revolution. His M o ra l Philosophy (Boston: Lee and Shepard, 18 8 7) contained tw o chapters which pertained to political ethics: “ Human Freedom” and “ T h e Influence o f Christian Ethics on Roman L a w .” W alter H . H ill, professor o f philosophy at St. Louis University, divided his Ethics ory M o ra l Philosophy (Baltim ore: John M u rp h y and Co., i& y8 ) into gen­ eral and special ethics. Under the latter he considered man as a social being, and also c iv il society, commenting on the necessity for organized social control, the origin o f authority, forms o f government, and the la w o f nations. In his published lectures the president o f Brow n, Ezekiel G ilm an Robinson, de­ fined m oral science as definite and exact know ledge respecting morals. M o ra l phi­ losophy is a justification o f the principles that are always implied or assumed in m oral science. T h e first aims to decide for us what conduct is right 5 the latter, w h y it is right. In relation to political science, jurisprudence, economics, and sociology, m oral philosophy supplies m oral laws which cannot safely be disregarded. A chap­ ter. under “ Practical M o ra lity ” dealt w ith duties to the state. See his Principles and Practices o f M orality: or, Ethical Principles Discussed and A pplied (Boston : Silver, Rogers and C o., 18 8 8 ). 3 Certain older texts were still used. W h ew ell’s Elements o f M orality remained popular at the University o f Pennsylvania until the middle eighties. W ayland was used at Rutgers through 1 8 7 3 -7 4 . 4 N oah Porter, T h e Elements o f M o ra l Sciencey Theoretical and Practical (N e w Y o rk : Charles Scribner’s Sons, 1 8 8 5 ).

classroom. H e defined moral science as “ the science of duty,” which treats of the ideal as truly as the actual. The text was divided into two parts: The Theory of D uty and The Practice of Duty, or Ethics. O f the twenty chapters that com­ prised the latter, one dealt with the state, its nature, functions, and authority. In it various theories respecting the sphere and func­ tions of government were discussed. Another chapter on law and its enforcement dealt with the various levels of. punishment. A third chapter discussed duties to the state, civil and political. Civil duties included recognition of the authority of the state; payment of taxes; patriotism, which is a positive duty and virtue; support and defense of the government; and obedience to law. T he old question of the right to revolution was answered thus: every revolution must plead its own cause. A citizen’s political duties are those he exercises as an administrator of the state, i. e., as a voter or office-holder. In 1853 Laurens Hickok, a professor at Union College, issued A System of Moral Science.5 This was used at Amherst College by Seelye from 1858-59 on. In 1880 Seelye, then president of A m ­ herst, revised the text,6*8which continued to be used to the end of his administration in 1890. In the preface to the revised edition Seelye wrote that a quarter of a century had passed since the book was first issued “ within which the System of M oral Science has been widely taught and studied, and its use continues still undiminished.” Among the changes he had made he noted the following: There has been a more complete consideration of the general questions of the state and of state authority, with more particular reference to punish­ ment, property, taxation, representation, religion, and education ; and the claims of morality in such matters have been more explicitly stated and applied. 6 Laurens P. H ickok, A

System of M o ra l Science (Schenectady, N . Y . : Van

Debogert, 18 5 3 ). 8 Ibid., rev. with the co-operation o f Julius H . Seelye (Boston: Ginn and Heath, 18 8 0 ). T h e C o llege o f N ew Jersey reported its use in the eighties, and Wisconsin in the seventies.

T he first part of the text dealt with morality, which embraced the subject of “ duties.” Under “ Respect” was a maxim: Be obedient to Government, which involves: subjection, tribute, and service. The second part dealt with positive authority. “ So long as men are finite they w ill need the guidance of a government.” T h e difference be­ tween pure morality and positive authority is the difference between a duty disclosed in the inward consciousness and a duty declared through an outer command. T h e claims of positive authority should always be subjected to close scrutiny. T he second part had three divisions: civil, divine, and parental government. O f the eight chapters under civil government, four dealt with the state, the necessity for government, and the rectitude of public authority. Under the latter topic the statement was made that sovereignty may not legislate in violation of pure morality or against Divine Authority, which suggests the discussions several generations before of conformity to natural law. It is expedient to separate the functions of sovereignty into legislative, judicial, and executive. A fifth chapter discussed rewards and punishments, or the sanctions of law. Chapter six had to do with the position of the citizen in relation to the government. Chapter seven dealt with the position of the government in reference to the citizen. Civil government was defined as the agency whereby the state, as the organic unity of its citizens, manifests and maintains its will. Government was discussed in relation to prop­ erty j taxes and imports } representation } religion} education} in­ ternal improvements (which should not be prosecuted as a monop­ oly in competition with any of the state’s subjects)} commerce} postal arrangements} prohibitory laws} sumptuary, sanitary, and poor laws} weights and measures, currency and interest} and revolu­ tion, which is justifiable only when public freedom demands it. Chapter eight considered the position of a state in reference to others. T h e subject was discussed under the following heads: comity o f nations} treaties} alliance} confederation} republic} war} and congress of nations. International regulations, Hickok concluded, must rest upon the basis of pure morality and not authority.

POLITICAL ECONOMY

During the period following the Civil W ar numerous chairs of political economy were established, beginning with the separate professorship at Harvard in 1871. A differentiation between theo­ retical and applied economics resulted. Numerous courses were of­ fered in “ Political Economy.” These were the more fundamental and theoretical offerings, and they may be compared with presentday courses in “ Principles of Economics.” In addition there were courses in “ National Economy” that were of a more practical and applied nature. They dealt with such problems as taxation, the tariff, immigration, government regulation of industry, and transporta­ tion. These courses clearly contributed something to the political education of the students. A t the same time the teachers of political economy were consciously drawing away from the study of govern­ ment and politics as such, and their textbooks revealed a decreasing interest on their part in political questions.7 A survey of the text­ 7

Perry, for instance, defined political economy as the science of exchanges, or,

the science of value. He argued that it is not a part o f moral philosophy, since expediency is distinct from duty. “ O u gh t” circumscribes the field o f morals, while “ value” does that o f economy. Its very name “ indicates that it is a political, that is, a social science.” His texts included discussions o f money and taxation. See A rthur Latham Perry, Elements of Political Economy (N ew Y o rk : Charles Scribner and Co.,

18 66). A lso, his Introduction to Political Economy

(N ew

Y o rk : Charles

Scribner’s Sons, 18 80 ). In 18 58 -60 H . C. Carey published his Principles of Social Science (P h ilad el­ phia: J. B. Lippincott and C o .) . M an y of his topics were those o f political econ­ omy. A t the University of Pennsylvania his influence was felt in the course o f study, which in 1868-69 provided for “ Political Econom y (C a r e y ) ,” and in 1869—70 “ Social Science (C a r e y ).” T h e professor o f “ social science” at the University o f Pennsylvania in 18 75 —76 introduced his own text: Social Science and National Econom y. T h e catalog for 1883—84 provided for his Elements o f Political Econom y, which was used to the 1890*5. See Robert E llis Thom pson, Political Econom y, with Special Reference to the Industrial History of Nations (Philadelphia: Porter and Coates, 1 8 8 2 ). T h o m p ­ son favored the phrase “ national economy,” but was compelled b y the prevalence o f the term “ political economy” to adopt that usage. He defined national economy as that branch of the science o f man which “ treats of man as existing in society, and

books in use reveals the limited extent of this contribution down to 19 0 0 .

According to a twentieth-century definition, economics is a social scientific discipline and is concerned with the relations of man to man arising out of processes directed to the satisfaction of material needs.8 The emphasis is thus on the social causes which condition economic advance, not on the political ones. in r e l a t i o n t o h is m a t e r ia l w a n t s a n d w e l f a r e . ” T o p i c s d iscu ssed in c lu d e d th e d e v e l ­ o p m e n t o f s o c ie t y a n d th e n a t io n , w e a l t h

a n d n a t u r e , l a b o r , m o n e y , fin a n c e a n d

t a x a t i o n , c o m m e r c e a n d m a n u f a c tu r e s .

Other texts in use included both American and foreign authors. J. E. T . Rogers, out o f twenty-three chapters, had three on public finance and one entitled “ On the Functions of Government” : A M anual of Political Economy fo r Schools and C o l­ leges (2d ed. r e v .j O xfo rd , E n g la n d : Clarendon Press, 18 6 9 ). J. E . Cairnes’s Some Leading Principles o f Political Econom y N ew ly Expounded (N e w Y o rk : Harper and Brothers, 1 8 7 4 ) was popular at H arvard. T h is text, however, con­ tained no discussion o f public finance or matters o f governmental concern. John Stuart M ill was another popular author. In 1884 Laughlin at H arvard issued an abridged edition o f M ilP s Principles o f Political Economy (N e w Y o rk : D . A p p le ton and C o .) , in which he stated that “ political economy does not include ethics, legislation, or the science o f government. T h e results o f political economy are offered to the statesman, who reaches a conclusion after w eigh in g them in connec­ tion with moral and political considerations.” T h e aim o f political economy is to investigate the laws which govern the phenomena o f material wealth. One o f five books dealt w ith the influence o f government on production and consufoption. T h e six chapters Laughlin retained dealt with taxation, national debt, and the interfer­ ence o f government. A French text also appeared in an American edition in the eighties: Em ile de Laveleye, T h e Elements o f Political Economy (N e w Y o rk : G . P. Putnam ’s Sons, 18 8 4 ). T o Laveleye political economy denoted the law , or laws, which ought to direct the administration o f property in the state. “ Politics seeks to determine the form o f government which, at a given time and for a given country, w ill secure in the highest degree the liberty and w ell-being o f individuals.” 8

Seligm an, Encyclopaedia o f the Social Sciernes, V , 344—45. A lso, his Principles

o f Economics (10 th ed. rev.\ N ew Y o rk : Longmans, Green and Co., 1 9 2 3 ), p. 7. Since the W orld W ar the tw o disciplines have become more closely interrelated. A partial explanation is the increasing interpenetration by government o f economic life. See C lyde L . K in g , “ Economics and Political Science,” in T h e Social Sciences and Their Interrelations, ed. W . F . Ogburn and Alexander G ol den weiser (Boston : H oughton M ifflin Co., 1 9 2 7 ) , pp. 143—46. A lso , Increasing Government Control in Econom ic L ife y Annals o f the American A cadem y o f Political and Social Science, V o l. 178 ( 1 9 3 5 ) -

DEVELOPMENTS IN LAW

From its beginning the law school devoted its attention to the technical or professional law that the legal practitioner is called upon to practice,— “ municipal law” in Blackstone’s terminology. A t first it was possible to combine with this study other topics, notably government (political science), which is a division of law in a broader sense, and is a valuable study both for the legal practitioner as such, and for the practitioner in government— the politician. But with the in­ creasing difficulty of doing justice to the narrower field, such topics had been pretty generally crowded out even before the Civil War. A subject described as Constitutional Law survived, indeed, as a standard topic, but under the influence of Cooley’s text 0 this had tended to become simply a technical course on constitutional limitations— a discussion of the prin­ ciples established by the courts in determining the constitutionality of legislative enactments.9 10 The increased volume of legal decisions and the growth of com­ mon law generally, and such specialties as mining law, patent law, etc., made it necessary for the schools to confine themselves more rigorously to technical legal studies.11 T he use of the case system of instruction only increased the difficulties experienced by professors and students of law in keeping abreast of their limited field. W ith this professionalization of law the interchange of law students with schools of liberal arts ceased.12*The law schools came to be graduate 9

Thom as M . Cooley,

Treatise on the Constitutional Limitations W hich Rest

upon the Legislative Pow er of the States of the American Union (B oston: Little, Brown and Co., 18 6 8 ). .10 Reed, o f. cit.y pp. 29 5 -9 6 . 11 Ibid., pp. 29 6-98 . 12 H art recalls that at H arvard before the creation of a department in go vern ­ ment in 1 9 1 1 , constitutional law was handled in the L a w School. T h e courses the­ oretically were open to undergraduates, but since it annoyed the instructors in the L a w School to have “ college boys” in their audience, the Department of H istory finally offered courses o f its own in Am erican constitutional history and law ( T h e Developm ent o f H arvard University, p. 1 8 2 ).

schools in a sense, and lost their previous unco-ordinated under­ graduate basis. A group of subjects even more closely related to technical law than government, but like government, of no immediate utility to the private practitioner, also tended to be “ squeezed out” of the law school curriculum. These courses included the history of law, comparative law, legal philosophy, and Roman or civil law.18 This group, along with the work offered in international law, constitu­ tional law, administrative law, and commercial law mark the dividing line where the technical phases of law merge into the realm of public policy, ethics and custom and thus constitute a common vicinage in which the departments of law and political science are equally interested and involved.14 International law had long been accepted by the college as an academic subject of study for undergraduates. For a time, stimu­ lated perhaps by instructors trained in German universities, Roman law was also popular as an academic subject. The others were gener­ ally offered as special courses for advanced students. B y 1916 the separation of the law schools from the colleges of liberal arts had gone so far that the Committee of Seven of the American Political Science Association commented on the”need for elementary law courses in undergraduate work in political sci­ ence: 15 Far too little emphasis is given in courses for undergraduates to the fact that government is a legal mechanism, and very often no attempt is made to connect up the study of political affairs with legal foundations. It is quite dear that some work should be given by way of an introductory study of law. 18 Reed, o f . cit., p. 300. 14 From Am erican P olitical Science Association, T h e Teaching o f Government (N e w Y o r k : M acm illan Co., 1 9 1 6 ) , pp. 195—96. B y permission o f the publishers. 16

Ibid., p. 193. B y permission o f the publishers. T o at least one institution this

criticism did not apply, namely, the University o f Wisconsin. See Chapter X I.

THE CLASSICS

The question of disproportionate emphasis on the “ dead” lan­ guages was expressed by Garfield in his address on “ College Edu­ cation” delivered in 1867: 16 I have no sympathy with that sentiment which would drive them from Academy and College as a part of the dead past that should bury its dead. It is the frofortion of work given to them of which I complain. These studies hold their relative rank in obedience to the tyranny of custom.

In many institutions the subject seems to have become formalized. Brander Matthews declares that in his course in Greek at Colum­ bia (18 68 -71), the materials presented “ were only texts for transla­ tion, affording endless opportunities for a strictly grammatical inqui­ sition into the darker interstices of our linguistic half-knowledge.” 17 W alter Hines Page, however, bears witness to the invigorating teaching of Basil L . Gildersleeve at Johns Hopkins, who linked con­ ditions in America with antiquity.18 The reconstruction period, then but recently ended, stimulated comparisons between Athens and the North, and the discussions frequently centered on the issues of the late struggle. B y the last quarter of the nineteenth century the classics no longer ruled the college curriculum. The practice of learning ancient his­ tory from original sources was gradually discontinued and courses in Greek and Roman history were transferred to the history depart­ ment. The languages became, therefore, truly linguistic disciplines, with some literary and cultural values, but as a source of political knowledge they had a decreasing significance. 16 O f , cit,y pp. 1 6 - 1 7 . 17 These M any Years (N e w Y o rk : Charles Scribner’s Sons, 1 9 1 7 ) , p. h i . 18 Burton J. Hendrick, T h e Training of an American (Boston: H oughton M i f ­ flin Co., 1 9 2 8 ), pp. 8 1-8 2 . Hendrick adds: “ T h u s the Greek seminary indirectly contributed to P a ge’s political education.”

HISTORY

Down to the middle of the nineteenth century history was writ­ ten, studied, and taught “ largely as a form of literature.” 19 Ancient history was still taught mainly through the classics. In the seventies the European method of instruction through seminars secured a foothold in several institutions, notably Harvard, Columbia, Michi­ gan, and Johns Hopkins. As a result history broadened its scope and strengthened its position as a college discipline. The examina­ tion and use of original sources led to a study of institutions. Insti­ tutional history by stressing the historical origins of present usages and political institutions among others, thereby helped to develop a body of material for courses in government. Organized historical and political inquiry was stimulated through the Johns Hopkins and Columbia schools of history and political science. These groups laid the foundation for the modern system of historical and political research............. They undertook the examination of compara­ tive types of institutions, and also undertook inquiry into the genesis of po­ litical forms and types. They brought to the study of government for the first time an impartial and objective attitude............. 20 W hen the period from 1865 to 1900 is viewed as a whole, the favorite courses in history were those in constitutional history.21 General history gradually became more critical, paying attention to the sources and the dependability of data and less to the meaning or interpretation of facts. Thus it became more accurate, but less satisfying to those who wished to find in it an explanation, and a guide, such as courses in the philosophy of history in the previous generation had seemed to promise. T he possibility of a philosophy 19 Ephraim Emerton, in T h e Developm ent o f Harvard University y p. 150. 20 Charles E . M erriam , and others, “ Progress Report of the Committee on Po« litical Research,” American Political Science Review, X V I I ( 1 9 2 3 ) , 274—312. 21 T h is disproportionate emphasis upon constitutional history did not diminish until politics began to be differentiated from history in the nineties and particularly after 1900 ( Encyclopaedia o f the Social Sciences, I, 3 3 5 ).

of history developing as a subject of study and absorbing political philosophy was now remote. History and political science were not sharply differentiated into distinct courses as long as the historians stressed constitutional and institutional developments. Political studies at Columbia, for in­ stance, had an historical foundation.22 The instructors had dual in­ terests.23 In many instances certain aspects of a course in history were devoted to political analysis. Courses in American history in particular were characterized by a “ civic” tone. It was only gradually that separate courses in political science developed out of specific units of historical subject matter. Seeley,24 an English writer whose works were widely read in the United States at the turn of the century, presented the view that political science and history were by nature almost inseparable disciplines when he formed his celebrated aphorism that History without political science has no fruit; Political science without history has no root. And a few years later Bryce declared that the materials of political science are the acts of men as recorded in history.25 “ Thus your science [political science] may be defined as the data of political history reclassified and explained as the result of certain general principles.” 22 Burgess reported in 1887: “ W ith us history is the chief preparation for the study o f the legal and political sciences} through it we seek to find the origin, fo l­ lo w the growth, and learn the meaning o f our legal, political, and economic prin­ ciples and institutions”

(in Adams, T h e Study o f History in American Colleges

andt Universities} p. 2 3 6 ). 23 Herbert B. Adams, for instance, was “ almost as much political scientist and sociologist as historian” (Encyclopaedia of the Social Sciences, I, 3 3 4 ). 24 From Sir John Robert Seeley, Introduction to Political Science (London: M acm illan Co., 18 9 6 ), pp. 3 -4 . B y permission of the publishers. Burgess remarked that the two spheres overlap and interpenetrate each other to such a degree “ that they cannot be distinctly separated.” See J. W . Burgess, “ Political Science and History,” Annual R e f or t of the American Historical Association fo r the Year 1896 (W ashington, D . C . : Government Printing Office, 18 9 6 ), I, 2 0 3 -1 1 . 25 James Bryce, “ Relations o f Political Science to History and to Practice,” American Political Science Review , III (1 9 0 9 ) , 1—19.

In this chapter it has perhaps been made clear how the differen­ tiation of subject matter in the disciplines dealing with man as a social being, and the increasing concentration of some disciplines upon limited phases of their work, were leaving more and more room for men primarily interested in the study of politics to develop a field of their own. The teaching of moral philosophy, with its great interest in government and politics, was disappearing, while its former devotees and their successors were turning to the considera­ tion of the principles of ethics in general. Seelye at Amherst was one exception to the general trend ; his teaching helpèd to turn a num­ ber of men toward the public service. A t the same time “ Political Economy” was changing rapidly into “ Economics,” with a conse­ quent shift of emphasis away from the problems of government and toward those of the world of private business. T he courses on “ Na­ tional Economy” were a temporary catch-all for the political phases of economic problems, and they soon began to break up into separate courses on public finance, commercial policies, and regulation of business. Teachers of the classics, with their increasing interest in philology and linguistic forms, generally ceased to make their sub­ jects the vehicle for bringing political knowledge to their students. Professors in the law schools concentrating their attention more and more upon training men for the essentially private-practice of law, gave up the history of law, comparative law, legal phil­ osophy, Roman law, and even international law,— all courses of considerable interest to political science. It was the teachers and departments of history that in the period before 1900 kept in closest touch with the study of politics. History departments expanded considerably after about 1875. They gave much attention to institutional, and especially to constitutional his­ tory, and they also in some cases took over courses in international law, Roman law, and other subjects having a value in the study of political authority. Thus, within history departments in many places, and elsewhere in departments of political economy, the separate courses were being developed, or at least being carried along, that were later to be grouped under the heading of political

science or government. It was not, however, until the historians turned their attention more to economic, social, and cultural history, and diminished their emphasis on constitutional and political his­ tory, that political science departments generally attained a separate existence. This was not in most cases until after 1900.

P O L IT IC A L S C IE N C E T E X T B O O K S A N D O T H E R P U B L I C A T I O N S , 1865-190 0 One effect of the Civil W ar was to increase the attention given to constitutional law and history in both secondary and higher edu­ cation.1 Knowledge of the fundamental law of the land was deemed essential to the preservation of liberties. Garfield expressed this point of view in part when in 1867 he stated: 2 Seven years ago, there was scarcely an American college, in which more than four weeks out of the four years’ course, were devoted to studying the government and history of the United States............. I insist that it should be made an indispensable condition of graduation in every Ameri­ can College; that the student must understand the history of this con­ tinent since its discovery by Europeans, the origin and history of the United States, its constitution of government, the struggles through which it has passed, and the rights and duties of citizens who are to de­ termine its destiny and share its glory. Garfield recommended a broad course in American history and in­ stitutions. W hat most colleges offered, however, were courses in constitutional analysis and history; some only required the students to memorize the Constitution.3 Often this emphasis on the Consti­ tution was overt propaganda for the Northern point of view con­ cerning the union of the states. BOOKS ON THE CONSTITUTION

As in the period before 1865, the textbooks used in many instances were merely elementary commentaries on the text of the Constitu1 Bernard and Bernard, Social Forces, X I ( 1 9 3 3 ) , 494. 2 O f . Ctt.y pp. I O - I I . 3 A t W illiam s C o llege from i S 6 8 -7 1 on, the catalog stated that “ students w ill be required to commit and recite the text o f the Constitution.”

235

tion, with questions that were paraphrases of the original wording,4 There was no sharp differentiation between texts intended for schools or academies and those designed for colleges.5 For example, Calvin Townsend’s Analysis of Civil Government, according to the title page, was designed “ as a class-book for the use of grammar, high, and normal schools, academies, and other institutions of learn­ ing.” 6 Part one dealt with the background and origin of the Consti­ tution, and provided also an “ analysis” of the document. Part two consisted of annotations on the analysis. An example of a cumbersome title was that of the text by A n­ drew W . Y o u n g :7 The Citizen’s Manual of Government and Law: Comprising The Ele­ mentary Principles of Civil Government; A Practical View of the State Governments, and of the Government of the United States; A Digest of Common and Statutory Law, and of the Law of Nations; and a Sum­ mary of Parliamentary Rules for the Practice of Deliberative Assemblies. H is preface expressed the utmost satisfaction with the American political system and with the contents of the book itself. It is doubtful whether any other book of equal size contains as much matter to which the citizen has occasion to refer in the common concerns of life............. For the better illustration of the principles of civil gov­ ernment, and to show, by contrast, the superiority of our own govern­ ment, an outline is given of the forms of government of the principal countries of Europe, and some of the ancient republics. His seventy-two chapters were grouped under such headings as: principles of civil government, state government, government of the United States, common and statutory law, law of nations, and parliamentary rules. 4 See

Chapter IX . Due to the rote-like character of instruction in general a

segmented document like the Constitution fitted readily into the program

(Ben­

nett, o f. cit.y p. 3 1 ) . 6 Bennett, o f . cit.y p. i o i . 6 C alvin Tow nsend, Analysis of C iv il Government (N e w Y o rk : Ivison, Phinney, Blakeman and Co., 18 6 9 ). 7 Andrew W . Young, T h e Citizen's M anual o f Government and Lavo (new ed. rev.; N ew Y o rk : H . D ayton, 1 8 5 8 ).

Textbooks by Joseph Alden 8 and H enry Flanders 9 were used at Harvard in the sixties and seventies. Alden’s objective was “ to aid the young in acquiring the knowledge necessary for the dis­ charge of their duties as citizens of the United States.” H is chapters covered such subjects as the purpose and necessity of government, suffrage, liberty and law, the Confederation, formation of the Con­ stitution, various provisions of the basic document, state constitu­ tions, and international law. No authorities were cited. Flanders noted in his preface that the subject of the Constitution had been neglected and had also been thought abstruse and difficult, because of “ the want, perhaps, of a convenient manual of instruc­ tion.” In his exposition, therefore, he endeavored to give the reasons for each clause, and the interpretations of it that court decisions and well-established practice of the government had provided. Edward Mansfield’s Political Grammar was originally written in 1834 “ to supply the want of a Text-Book on the constitutional elements (or rather science) of the American Government.” In i860 a revision was prepared under the title of The Political M an­ ual.10 The topics considered in this manual were: the origin of the Constitution 5 the text of the document, with annotations on its ar­ ticles and provisions^ its ratification} the theory of the state govern­ ments} the nature and general principles of the federal-and state governments} and the practical operation of the national Constitu­ tion and the state governments. Israel Andrews’ Manual of the Constitution 11 was designed for the instruction of American youth in the duties, obligations, and 8 Joseph A ld en , The Science of Government in Connection with American In­ stitutions (N e w Y o rk : Sheldon and Co., 1 8 6 6 ). 9 H enry Flanders, A n Exposition o f the Constitution o f the United States (P h ila­ delphia: E . H . Butler and Co., i8 6 0 ). 10 E dw ard D . M ansfield, T h e Political M an ual: B eing a Complete View o f the Theory and Practice of the General and State Governments o f the United States (N e w Y o rk : A . S. Barnes and Co., 1 8 7 2 ) . 11 Israel W ard Andrews, M anual o f the Constitution o f the United States (C in ­ cinnati: Van A ntw erp, B r a g g and C o., 1 8 7 8 ? ). T h is text was the result o f experi­ ence in classroom instruction a t M arietta C ollege. It was used at W illiam s in the early nineties. Rutgers listed it in the middle seventies.

rights of citizenship. Preliminary chapters dealt with the nature of civil government, colonial governments, and the Articles of Con­ federation. The Constitution, with a commentary on each clause, followed, occupying almost two-thirds of the text. Concluding chap­ ters dealt with the ratification of the Constitution, the admission of new states, the practical operation of the federal system, and the state governments. There were scattered references to authorities. Two of the texts used in Cooley’s seminar at Johns Hopkins were written by H enry Baldwin 12 and George Paschal respectively.13 Baldwin was one of the associate justices of the United States Su­ preme Court and his text was highly technical. The other volume was a typical manual on the Constitution, but superior to most. Paschal wrote for the lawyer, statesman, and editor, and hoped that the work would be used also as a text. H e cited numerous authorities and included an analytical index. The bulk of the work consisted of the Constitution annotated. The text by John N. Pomeroy was “ designed for students, gen­ eral and professional.” 14 It aimed to furnish for general readers, colleges, law schools, and other higher seminaries, and for the legal profession, a book adapted to their wants and based upon the princi­ ples of constitutional interpretation that were settled by the Civil W ar and subsequent political events. Constitutional questions passed upon by the Supreme Court were discussed. T he work was divided into three parts: W hat Is the Constitution and by W hom Was It Created; In W hat Manner and by W hom is the Constitution to be Authoritatively Construed and Interpreted; and W hat Powers, Capacities, and Duties Are Conferred or Imposed upon the Na­ tional Government, and W hat Are Conferred or Imposed upon the Several States. It differed from the other texts previously consid­ ered in that it was not a catechism or a commentary. 12 H enry Baldw in, A General View of the Origin and Nature o f the Constitu­ tion and Government o f tJie United States (Philadelphia: John C. C lark, 1 8 3 7 ) . 13 George W . Paschal, T h e Constitution o f the United States D efined and Care­ fu lly Annotated (W ashington, D . C . : W . H. and O . H . Morrison, 18 6 8 ). 14 John Norton Pomeroy, A n Introduction to the Constitutional Law o f the United States (3d ed. rev.} N ew Y o rk : H urd and H oughton, 1 8 7 5 ) .

In 1880 Professor T . M . Cooley at the University of Michigan issued his General Principles of Constitutional Law.15 This was a manual prepared for students in law schools and other institutions of learning. Its purpose was to present succinctly the principles of constitutional law and the contacts and interdependence of state and national governments. The seventeen chapters covered such topics as the rise of the American union, the distribution of the powers of government, the powers of Congress and the executive, checks and balances, territorial government, amendments, and municipal corporations. T he footnotes were numerous. T he book was quite unlike the elementary texts so much in vogue after 1865, but in keeping with the increased technical interest in political institutions and the predilection for constitutional analysis exhibited by law teachers and history instructors in the last third of the century. In the meantime the courses in American constitutional history were strengthened through the publication of texts such as those by Curtis,16 Bancroft,17 and Von H olst.18 15 Thom as M . Cooley, T h e General P rincifles o f Constitutional Law In the United States o f America (2d ed. b y A lexis C . A n g e lí; Boston: Little, Brown, and Co., 1 8 9 1 ) . T h is text was early adopted in Eastern colleges, for example at the University o f Pennsylvania in the early eighties, and at Princeton in the nineties under W ilson. 16 George T ick n o r Curtis, History o f the Originy Formation and Adoption of the Constitution o f the United States with Notices o f Its P rln cifa l Framers (N e w Y o rk : Harper and Brothers, 1 8 5 4 ). Curtis noted in his preface that a special history o f the origin and establishment o f the Constitution had not as yet found a place in the national literature. Volum e one o f his w ork dealt w ith the constitutional history o f the United States from the Revolution to 178 7. Volume two described the process o f form ing the Constitution. In 1889 he issued his Constitutional History of the United States from Their Declaration o f Independence to the Close of Their C iv il War (N e w Y o rk : Harper and Brothers). 17 G eorge Bancroft, History of the Formation o f the Constitution of the United States (N e w Y o rk : D . A ppleton and C o., 18 8 5 ). Bancroft divided his work into five books: the Confederation; before the Convention; the Convention; the people in judgm ent on the Constitution; and the federal government. 18 H . V on Holst, T h e Constitutional and Political History o f the United States, trans. J. J. L a lo r and A . B. M ason (C h ica g o : C allagh an and Co., 1 8 7 6 -9 2 ) . Von H olst was a professor at the University o f Freiburg, when his 8-volume treatise in its E nglish edition became popular in American universities. It covered the period 1 7 8 3 -1 8 6 1 , w ith more than one-half o f its pages devoted to the decade 1850-60.

Not until the end of the century was there any sign of waning of constitutional analysis as a dominant aspect of political and his­ torical instruction.19 B y the late eighties, however, there was a definite lack of interest in the Constitution as such.20 “ Constitutional history,” “ American constitutional law,” “ History of such-and-such with special reference to Institutions” were the titles of courses in history departments. In 1887 Woodrow Wilson urged that the student go beyond the law and become acquainted with the life of the state.21 H e who reads constitutions with lawyers as guides “ must risk knowing only the anatomy of institutions and never learning anything of their biology.” Public law is the formal basis of the political life of society, but is not always an expression of its vital principles. The events of 1880-1900 called attention to phases of politics not covered by enacted constitutions and not as yet recorded in constitu­ tional history, such as agrarian unrest, industrial strikes, imperial­ ism, race relations, reconstruction problems, the railroad situation, and city government and politics.22 Institutional history tended to direct attention to extra-constitutional institutions, such as party or­ ganization. Constitutional history did not disappear, but the modern conception is that it is “ of almost limitless extent, because to com­ prehend it fully one must have in mind social and industrial change and movement.” 23 TEXTBOOKS IN POLITICAL SCIENCE

During the so-called “ Gilded A ge” several systematic studies of 19 Some would attribute this emphasis on constitutional factors to the training in Roman law and constitutional government received by American scholars at G er­ man universities. C f. H art, in T h e D evelo fm en t of Harvard University, p. 18 1. 20 Bennett gives 1885 as the date for the decline o f the catechetic method or clause-by-clause survey in the teaching o f the Constitution ( o f . cit., pp. 50—5 8 ). 21 W oodrow W ilson, “ O f the Study o f Politics,” N ew Princeton R eview , III ( 1 8 8 7 ) , 18 8 -99. 22 C f. Bernard and Bernard, Social Forces, X I ( 1 9 3 3 ) , 494. 23 A ndrew C . M cL au gh lin , A Constitutional History o f the United States (stu­ dent’s ed.j N ew Y o rk : D . Appleton-Century Co., 1 9 3 5 ) , preface.

political science appeared,24 the most significant of which were T he­ odore D wight W oolsey’s Political Science (1878) $ Woodrow W il­ son’s The State (1889) >and John W . Burgess’ Political Science and Comparative Constitutional Law (1890).25 Up to this time Ameri­ can contributions to political science had been for the most part of little consequence. T he first and also one of the greatest treatises was the Federalist (1788), and the works of John Adams, John C. Cal­ houn, and perhaps a few others, should not be ignored. Lieber’s Political Ethics was the first approach to a systematic treatise on political science published in America. W oolsey’s text, however, is termed the “ more valuable,” and “ is without doubt the most schol­ arly and systematic presentation of the principles of political science which has appeared from the pen of an American.” 262 7 Woolsey.21— In his preface W oolsey stated that the work grew out of the lectures he delivered while president of Yale, 1846-71.28 T he book is divided into three parts: Doctrine of Rights as the Foundation of a Just State ; Theory of the State 3 and T he State— Practical Politics. T he subjects of the first part, he remarked, are sometimes in­ cluded in the science of natural law or the law of nature. W hile in theory it is true that the law of nations belongs to the same ethical science with private and public right or jusy practical convenience seems to require that it be treated of by itself, since the greater part of international law is of a positive character, not deducible directly from fixed rules of ethics, but ascertained from convention 24

Th ere

w a s a m a r k e d d e a r t h o f s o c ia l scie n c e li te r a t u r e

f o l l o w i n g th e

C iv il

W a r . P u b l i c a t i o n s w e r e m o s t l y m e m o ir s a n d w a r h is to r ie s. C f . B e r n a r d a n d B e r ­ n a r d , Social Forces , X I

( 1 9 3 3 ) , 496.

28 Vernon Louis Parrington, T h e Beginnings o f Critical Realism in America 1860—1 9 1 0 , M ain Currents in American T h o u g h t, V o l. 3 (N e w Y o rk : Harcourt, Brace and C o., 19 3 0 ), p. 1 19 . 26 G a m e r , Encyclopedia Americana, X X I I , 3 1 6 .

27 Theodore

D.

W oolsey, Political Science; or, T h e Stale Theoretically and

Practically Considered (N e w Y o rk : Scribner, A rm strong and Co., 1 8 78 ). 28 It was, therefore, colored b y pre-war views, in Farrington’s opinion ( o f . cit., p. 1 2 0 ).

only.............. the conception of rights leads us into a field so peculiar and distinct from the wider department of morals, although contained within it, and is also so important for the proper consideration of man in the state, that I cannot hesitate to abandon the old term, natural law, pre­ ferring to constitute the doctrine of rights and that of the state as two branches of political science.

The first part, which was divided into three chapters, included opin­ ions on justice, natural law, and rights. Part two considered the opinions on the nature and origin of the state and covered such topics as land and sovereignty; sphere and ends of the state 5 limits of state power ; state organization; liberty and equality in conflict, or communism and socialism; and punitive power. Political ethics was defined as “ that branch of moral science which treats of duties and obligations growing out of the relations of men in the state.” Among the questions discussed were obedience to law, the obligation to vote, collisions of law and conscience, re­ sistance to law, and the right of revolution. Part three made up the bulk of the book (150 pages in volume one; 606 pages in volume two). T he section on “ Practical Politics” covered such points as these: how the ends contemplated in the existence of the state may be best attained; how liberty and order can both be secured; how a government can do its work without encroaching on the rights of individuals or of a people. The various chapters considered earliest institutions, forms of government, mon­ archies, aristocracy, constitutions of Florence, democracy, composite governments, and confederations. Under the “ Subject-Matter of Law and Administration” there was discussion of safety and order within a state; the care of public health; public roads; the taxing power of the state; the protection of industry; education; public charity; the state’s duty as to public morals. Other topics dealt with the state’s relation to religion, political parties, and political changes. Wilson.— In 1889 Woodrow Wilson, then professor of history and political economy at Wesleyan University, issued The State:

Elements of Historical and Practical Politics.29 In 1898 a revised edition was published.H e stated in his preface that he labored under the disadvantage of having no model. So far as he could determine, no textbook of like scope and purpose had hitherto been attempted. H e was obliged, therefore, to put more into the volume than if there had been other compact and easily accessible statements of the details of modern governmental machinery. H e would have preferred to confine him­ self to the discussion of general principles and the elaboration of parallels or contrasts between different systems. Instead the volume was necessarily a book of facts.30 In the historical portions he was limited as to space, and, therefore, assumed a knowledge of the historical setting of the facts presented. T h e governments he discussed were selected by him as types of their several kinds. First he considered the governments of Greece and Rome as a necessary introduction to the study of modern poli­ tics. T he government of France served as an example of a unitary government of one kind, and Great Britain as an example of uni­ tary government of another kind. Germany was a federal empire} Switzerland, a federal republic of one sort, the United States, of another. Austria-Hungary represented a dual monarchy. In several concluding chapters he summarized constitutional administrative developments, the nature and forms of government, the nature of law, and the functions and objects of government. At the end of each chapter “ Some Representative Authorities” were listed. T h e volume was intended as a text in comparative politics. Our own institutions can be understood and appreciated, the author thought, only by those who know other systems of government as w ell as the main facts of general institutional history. Through the use o f a comparative and historical method, “ the only thorough 29 W oodrow W ilson, T h e State: Elements of Historical and Practical Politics (Boston: D . C . Heath and C o ., 18 8 9 ). 80 M u ch o f the material presented in fine print consisted o f details that the in­ structor m ight omit without breaking the continuity o f the text.

method of study in politics,” views may be clarified regarding the supposed superiority of some one system of government. Almost one-fifth of the book was devoted to the government of the United States.31 T he discussion covered such topics as the co­ lonial governments, the union, the central government of the states, the characteristics of local government, and the federal government. T he emphasis put by this work and by W oolsey’s upon American government almost justify placing them in the group of works dis­ cussed below specifically devoted to that subject. In purpose, how­ ever, they are more comprehensive and belong with the treatises on general political science. Burgess.— The third of the great works on political science be­ fore 1900, that was a popular text as well, was John W . Burgess’ Political Science and Comparative Constitutional Law ( 1890-91).32 This publication dealt with the nature and organization of the state, sovereignty, and the relation of government to liberty. “ Probably no contribution has had such influence in clarifying American concep­ tion on these phases of political science.” 33 Burgess felt that the work was never completely understood anywhere.34 H is critics con­ fused the concept of nation considered ethnologically and politically. H e defined a nation as a population having a substantial consensus of opinion concerning principles of rights and wrongs, and occupy­ ing a definite geographical unity. The terms state and sovereignty were also misunderstood. Sovereignty was defined as the “ original, absolute, unlimited, universal power over the individual subject and over all associations of subjects.” H is critics also saw no dis­ tinction between state and government, and continued to represent his work as the “ ‘Leviathan’ of modern political science.” A modern 31 T h is chapter was published separately as

of the United States

The State and Federal Governments

(Boston: D . C . Heath and Co., 1 8 9 1 ) . It was intended for

colleges which had not yet been able to provide a more complete course o f political study. 32 John W . Burgess,

Political Science and Comparative Constitutional Law

ton: Ginn and Co., 1 8 9 0 -9 1 ) . 33 Garner,

Encyclopedia Americana,

34 Reminiscences, pp. 2 4 5 -5 3 .

X X I I , 316.

(B os­

admirer states that his work offered a complete theory of the state.35 Part one on political science was divided into three sections: the nation, the state, and the formation of the constitutions of Great Britain, the United States, Germany, and France. Part two, on com­ parative constitutional law, had three “ books” also: the organiza­ tion of the state within the constitution; individual liberty; and the constitution of government. Under the latter head he discussed the forms of government, the constitution of the legislature, the execu­ tive, and the judiciary. H is method was comparative, illustrating his discussion from practices employed in Great Britain, Germany, France, and the United States. Bluntschli.— An English translation of Johann K . Bluntschli’s treatise on the state was also used as a text in college classes.36 T he various “ books” dealt with the conception of the state; the funda­ mental conditions of the state in the nature of men and of nations; the conditions of the state in external nature; the rise and fall of the state; the end of the state; the forms of the state; and sover­ eignty and its organs, public service, and public offices. W illoughby.— An American work on the theory of the state was issued in 1896 by W estei W . W illoughby.37 It was based on his lectures at Stanford University and Johns Hopkins University. T he aim of this text was to determine the ultimate nature of the state and the grounds upon which its authority may be justified. W ith the art of government, “ or Politics properly so called,” there was no concern. In separate chapters the author discussed the origin of the state, the contract theory and criticism thereof, the nature of law, analytical jurisprudence, the power of the state, sovereignty, the nature of the composite state, the location of sovereignty in the body politic, the aims of the state, classification of governments, and present characteristics and tendencies. American Masters of Social Sciencey p. 38. The Theory of the State (authorized E n g. trans,

35 W illiam R . Shepherd, in

36 Johann

K . Bluntschli,

from

6th Germ. ed.$ O xford , E n g la n d : Clarendon Press, 18 8 5 ). 37 W . W . W illo u gh b y,

Political Philosophy

An Examination of the Nature of the State; a Study in

(N e w Y o r k : M acm illan and Co., 18 9 6 ).

Other Texts.— Elisha M ulford’s work The Nation represented the nation as a moral person.38 T o him “ nation” and “ state” were synonymous. His treatise dealt with the substance of the nation, its origin, rights, sovereignty, power, and relations to other nations, to the family, and to the individual. H e stressed the fact that the nation was the “ antagonist of the confederacy,” the latter being the em­ bodiment of the evil spirit. H e declared that the “ late war” was a war between these two concepts. This is the most specific illustration employed in his speculative treatment. A general discussion of the state and its agency the government was contained in Crane and Moses5 Politics.39 This study was con­ fined to “ analytical politics55 in order to make clear the forces which determine the internal life of the state. It made no reference to what a nation should do, but rather to what it was. Beginning with the nation as a social and political organic being, the treatise con­ cluded with chapters on the tendency of power and on political parties. In considering the nature and organization of the nation, the authors made use of general political history for illustration. The most specific references had to do with the political heritage and development of the British colonies in North America. W alter Bagehot5s speculation on the application of the principles of natural selection and heredity to political society was used as a textbook in several institutions.40 H e was convinced that there was such a thing as “ verifiable progress.55 John Stuart M ill’s work on representative government was a brief theoretical treatment of democratic government operating through representative institutions.41 The topics discussed included, 38 Elisha M u lfo rd, T h e N ation: T h e Foundations o f C iv il Order and Political L ife in the United States (N e w Y o rk : Hurd and H oughton, 18 7 0 ). 39 W illiam W . Crane and Bernard Moses, Politics: A n Introduction to the Study o f Comparative Constitutional Law (N e w Y o rk : G . P. Putnam ’s Sons, 18 8 4 ). 40 W alter Bagehot, Physics and Politics; or, Thoughts on the Application o f the Principles of " Natural Selection” and uInheritanceP to Political Society

(N e w

Y o rk : D . Appleton and Co., 1 8 7 3 ). 41 John Stuart M ill, Considerations on Representative Govermnent George Routledge and Sons, 1 9 0 5 ).

(Lon don :

among others, the criterion of a good form of government, the proper functions of representative bodies, the dangers of represen­ tative government, true and false democracy, the duration of par­ liaments, and federal representative governments. Edward Jenks’s History of Politics, according to his preface, summarized the record-of political action.42 Three types of society were discussed: savage; patriarchal; and modern or political. Poli­ tics was defined as the business of government, that is, the control and management of people living together in a society. BOOKS ON AMERICAN POLITICS AND ADMINISTRATION

T he works considered in the two preceding sections are of two groups, those centering in the history and analysis of the American Constitution, and those that attempt to present systematic and theo­ retical treatments of political science generally. Both these types of works were in the American tradition, the one stemming from the interest in and respect for the Constitution, the other representing an outgrowth from the limited discussions of political theory in the older works on moral philosophy. At the same time both were influenced by the studies in constitutional law and history and in systematic politics that the leading American scholars had been ex­ posed to in the German universities. But long before 1900 there was a leaven at work in American thought that was leading to a more descriptive, and realistic study of American politics, government, and administration. Historians were beginning to shift their attention from constitutional to politi­ cal, economic, and social history. Certain scholars, as in the seminars under Herbert Adams at Johns Hopkins, were concerned with the development of local institutions and the life of local communities, and still others were curious to investigate how institutions actually work. T h e center of interest was shifting from sovereignty, national constitutions, and that majestic but almost indefinable thing called the state, downward to man himself and his political nature and 42 E dw ard Jenks, A History of Politics (N e w Y o rk : M acm illan Co., 190 0 ).

activity. Practical politics, political corruption, the processes of ad­ ministration, elections and primaries, public opinion, and in a tenta­ tive way political psychology, were becoming the new fields for in­ vestigation. W illiam James was teaching psychology and philosophy at Harvard with obvious political implications in his pragmatic ap­ proach. Edmund James at Pennsylvania, Frank Goodnow at Col­ umbia, Woodrow Wilson at Wesleyan, Bryn Mawr, and then Princeton, and A . Lawrence Low ell at Harvard, were some of the men who were stressing studies in political parties, administration, and local government. Although the old constitutional and theo­ retical emphases were still dominant in many places, practical descriptive and comparative studies were already under way in the eighties.43 The new movement gave rise later to a considerable number of textbooks in American government and politics, but in the mean­ time older works were used. One very popular textbook between 1865 and 1900 was Alexis D e Tocqueville’s Democracy in America.44 In 1835 D e Tocqueville published the first part of the observations he made during a visit to America a few years before, and in 1840 he published the second. Volume one dealt with the nature of the American democracy, and the effects of democracy upon the laws. Volume two considered the influence of democracy and equality upon the habits, ideas, and manners of the American people. The work is a philosophical examination of political institu­ tions in the United States. James Bryce in disclaiming that his model was D e Tocqueville remarked that to the Frenchman the United 43 Beard declared in 19 10 that in the last quarter century

(i. e., since about

18 8 5) the content o f political science had become revolutionized. It was no longer confined to commentaries on Aristotle, the Constitution, and the waywardness of politicians. C f. Charles A . Beard, “ T h e Study and T ea ch in g of Politics,” C o lu m ­ bia University Quarterly, X I I ( 1 9 1 0 ) , 268—74. 44 Alexis D e T ocqu eville, Democracy in America

(N e w

Y o rk : Century Co.,

18 98 ). T h e w ork was revised and annotated by Francis Bowen in 1862, pre­ sumably for the use of his classes at Harvard. A later edition included an introduc­ tion by President Gilm an of Johns Hopkins, presenting the work to a third genera­ tion o f readers.

States was the ideal democracy.46 His work was, therefore, in Bryce’s judgment a treatise on democracy in general whose conclusions were illustrated from American practice, rather than a description of American democracy as such. One of the first usable histories of American parties was that of Alexander Johnston, who aimed to make our national political history “ easily available.” His History of American Politics (1879) dealt with the origin of parties, the formation of the Constitution, and the national administrations from 1789 to 1879.46 In 1885 Woodrow W ilson’s Congressional Government was pub­ lished.47 This work dealt with the congressional system in opera­ tion, and has been described as “ the first conspicuously success­ ful effort to describe the actual working of party government.” 48 W hile this work was not intended to be a text it had a wide reading in college classes. Bryce.— James Bryce, an Englishman, produced in 1888 the first edition of a work that had a marked welcome from the American public, including the academic world.49 It was widely used as a textbook. Bryce explained that in writing of the American system of government, My object has been less to discuss its merits than to paint the institutions and people of America as they really are, tracing what is peculiar to them not merely to the sovereignty of the masses, but also to the history and traditions of the race, to its fundamental ideas, to its material environ­ ment. 48

James Bryce,

The American Commonwealth

(Lon don : M acm illan and Co.,

1 8 8 8 ), I, pp. 3 -4 . 48 Alexander Johnston,

History of American Politics

(N e w Y o r k : H enry H olt

and C o., 1 8 7 9 ) . 47 W oodrow Wilson,

Congressional Government

(Boston: H oughton, M ifflin and

Co., 1 8 8 s ) . 48 Barnes, H arry Elm er,

The New History and the Social Studies

(N e w Y o rk :

Century Co., 1 9 2 5 ), p. 4 75. 49 Bryce remarked that no native Am erican had undertaken the task o f w ritin g a comprehensive description o f the American political system ( of .

cit.,

Excerpts reprinted by permission o f T h e M acm illan Com pany, publishers.

I,

1 0 ).

Three things, he thought, should be known about a common­ wealth: its framework and constitutional machinery} the methods by which it is worked} and the forces which move it and direct its course. Bryce, therefore, divided his work into six parts: National Government} State Governments} T he Party System; Public Opinion; Illustrations and Reflections; and Social Institutions. In the first part he discussed the origin of the Constitution, the nature of federal government, the presidency and the cabinet, the Congress and its powers, the courts, relations of the national and state governments, criticism and merits of the federal system, and the results of constitutional development. In part two he dealt with the development of state constitutions; the executive, legislature, and judiciary; remedies for the faults of state governments; and local government, rural and urban. In part three he noted that parties have been organized far more elaborately in the United States than anywhere else. Politics, considered not as the science of government, but as the art of winning elections and securing office, has reached in the United States a development surpassing in elaborateness that of England or France as much as the methods of those countries surpass the methods of Servia or Roumania. In separate chapters he considered the history of parties, party or­ ganization, the machine, the spoils system, corruption, nominating conventions at work, presidential campaigns, and the like. Part four dealt with public opinion, the central point of the whole American polity, for he believed that America is ruled by public opinion. Under “ illustrations and reflections” (part five) Bryce considered the Tweed Ring, territorial expansion, laissez faire, women’s suffrage, the faults of democracy, the strength of American diplomacy, and how far American experience is available for Europe. Bryce’s work seemed so thorough and satisfactory as a descrip­ tion of the whole system of American government that for a num­ ber of years no comparable treatise appeared to rival it as a textbook. Woodrow Wilson’s The State (1889), as described above, was a

book of a different nature. Nevertheless the urge to teach and to write about “ actual government” in the United States had become very strong, and a number of works soon appeared that added greatly to the knowledge of American government. Some of these were doctoral dissertations at Columbia, Johns Hopkins, and other universities. Edmund J. James at the Wharton School, University of Pennsylvania (1883-96), and Frank J. Goodnow at Columbia were turning their students’ attention to municipal government and administration. T he former wrote but little j the latter published in 1895 his M unicifal H om e Rule, and in 1901'one of his students, John A . Fairlie, published his Essays in M unicifal Administration. Another interest of Goodnow’s was in administrative law and the relations of politics to administration. In 1893 appeared his im­ portant work on Comfarative Administrative Law, and in 190x3 his thought-provoking Politics and Administration. These were fol­ lowed in the years after 1900 by other works from his pen on ad­ ministrative law and municipal government. In 1929 Charles A. Beard declared that it may be safely said that Mr. Goodnow was the first scholar in the United States to recognize the immense importance of administration in modern society and to sketch the outlines of the field.50 Through his teaching and writings he directed attention to the operations and techniques of the governmental mechanism. One of his best known books is Politics and Administration (1900), men­ tioned above.51 H is purpose was to show that the formal govern50 Quoted in “ Introduction” to Essays on the Law and Practice of Governmental Administration; a Volume in Honor of Frank Johnson Goodnow (Baltim ore: Johns Hopkins Press, 1 9 3 5 ) , p. vi. T h e claim that G oodnow is the “ father of Am erican administration” is not accepted by all writers. Bennett

{of. cit.,

p. 3 5 )

states that neither H art nor Goodnow was the first political scientist to recognize the importance o f administration in government. He thinks this distinction belongs to James at Pennsylvania

(1 8 8 3 -9 6 )

who in

1896 went to the University of

C hicago as professor o f public administration. James, o f course, wrote very little in this field. Bennett quotes James’s study on

to the Gas Suffly

The Relation of the Modern Municifality

(B altim ore: American Economic Association, 18 86 ).

51 Frank J. Goodnow,

Politics and Administration: a Study in Government

(N e w Y o rk : M acm illan Co., 190 0 ).

mental system as set forth in the law is not always the same as the actual system, and to suggest remedies to make the actual system conform to the political ideas upon which the formal system is based. H e recognized two primary functions of government: expression of the will of the state, which he designated as politics; and the execution of that will, which is the general content of administra­ tion. Goodnow’s admirable analysis suggested the need for further studies along the two parallel lines of (a) politics, including politi­ cal parties and other factors affecting the making of policy up to and through legislation, and (b) administration. Developments took place along both lines, but no book-length studies of American par­ ties, or of legislatures, were produced until after 1900. Bryce’s ex­ cellent chapters, and Wilson’s study of Congressional Government, temporarily filled the gap. Short descriptive textbooks on American government that were neither excessively constitutional or loaded with systematic theory began to appear in the nineties. In 1890 John Fiske published his Civil Government, which was intended to be useful as a textbook and also to assist the general reader.52 In this account of the govern­ ment of the United States, Fiske adopted the historical method of exposition. An unusual feature of this work was the devotion of half of the space to a consideration of town, county, and city govern­ ment. H e began with the township as the simplest unit and, pro­ ceeding from the near and simple to the remote and complex, dealt finally with the federal union. By this procedure he believed that the student would be better able to understand the Constitution. His concluding chapter contained comments on taxes, the origin of par­ ties, civil service reform, and the Australian ballot system. Indented sideheads, short paragraphs, and a readable style made it a textbook suited to classroom use by young people. Another well known work of this type was Our Government, by 62 John Fiske, C iv il Government in the United States Considered voith Some Reference to Its Origins (Boston: H oughton, M ifflin and Co., 18 9 0 ).

Jesse Macy, published in 189o.63 It was brief and simple when com­ pared with modern textbooks, yet it covered much of local govern­ ment and also many of the government’s functional activities. Its subtitle “ H ow it grew, what it does, and how it does it,” gives some idea of the scope and emphasis of the work. A shortened student’s edition of Bryce’s work also appeared in 1896, but the demand for one-volume descriptive studies of “ ac­ tual” American government continued and grew. It is safe, per­ haps, to go beyond the terminal date of 1900 to remark that in 1902 was published R. L . Ashley’s The American Federal State, designed primarily for high schools and academies,64 and in 1903 A . B. H art’s Actual Government,535455 Professor H art justified his work by saying that there was need for a book that considered the American govern­ mental system as a whole, that stressed operations as well as ma­ chinery, and that included adequate references to large bodies of relevant informative material. BOOKS ON EUROPEAN GOVERNMENT

The rising interest in a knowledge of how governments actually work led certain American scholars also to a closer examination of foreign governments and parties. In Woodrow Wilson’s The State, as noted above, most of the material dealt with foreign governments. In 1896 A . Lawrence Low ell published his Governments and Par­ ties in Continental Europe, and the following year Jesse M acy is­ sued his volume on The English Constitution: A Commentary on Its Nature and Growth. Even Goodnow’s Comparative Adminis­ trative Law deserves mention here. These works are listed only as 53 Jesse M ac y, O ur Government: H ow I t Grew , W hat I t Doesf and H o w It Does It (Boston: Ginn and Co,, 18905 rev. ed. 18 9 2 ). 54Roscoe Lewis Ashley, T h e American Federal State: Its Historical D evelop­ ment Government and Policies (N e w Y o rk : M acm illan Co., rev. ed. 19 115 first ed. 19 0 2 ). 66 A lb ert Bushnell H art, Actual Government as A pplied under American C on ­ ditions (N e w Y o rk : Longm ans, Green, and C o., 19 0 3 ).

outstanding examples of the books in comparative government that were beginning to appear. BOOKS ON INTERNATIONAL LAW

The works of Woolsey, Wheaton, and Halleck continued their popularity as texts in international law for a number of years after the Civil W ar.56 The subject ceased to be a required course for law students in many law schools due to the increased emphasis on case law. In the college it was considered a part of the preparation of college students for the duties of citizenship.57 W ith the decline of comprehensive lectures in moral philosophy, however, international law lost its place as a subject of study in certain institutions. Representative textbooks before 1900 were Gallaudet’s M an­ ual™ Davis’ Elements,59 and Lawrence’s Principles™ Gallaudet’s expressed aim in his first edition (1878) was to enable educational institutions to include the study, often excluded because of the in­ convenient size of texts hitherto available. The work first sketched the history of international law, with chapters on general principles and sources ; essential attributes of a state; rights, powers, and duties of states in time of peace and of war 5 and neutrality. Davis’ text also was intended for undergraduates. H is fifteen chapters dealt with definition and history; states and their essential attributes; perfect and imperfect rights; private international law; right of legation; treaties and conventions; conflict of international rights; war; maritime capture; neutrality; blockade; and the right of search. 56 See Chapter IX .

67 M an ley

O. Hudson, in Proceedings o f the Third Conference o f Teachers of

International Law

(W ashington, D . C. : Carnegie Endowment for International

Peace, 1 9 2 8 ), pp. 1 8 1-8 2 . 08 Edw ard M . Gallaudet, A M anual of International Law (4th ed.j N ew Y o rk : Henry H olt and Co., 18 9 2 ). T h is edition contains review questions prepared by A lexander Johnston, for the text was “ made use o f in the College o f N ew Jersey.” 09 George B. D avis, T h e Elements o f International Law

(3d ed. rev .j

N ew

Y o rk : Harper and Brothers, 190 8 ). 80 T . J. Lawrence, The Principles o f International Law (7th ed. rev. by P. H. W in field 5 Boston: D . C . Heath and Co., 1 8 9 5 ).

Lawrence’s text, originally published in England in 1895, like­ wise dealt with the law of peace, of war, and of neutrality, with dis­ cussion based on cases. In 1901 Wilson and Tucker issued a text on international law.61 Particular attention was given to diplomacy. The bulk of the work of course comprised substantive material as found in cases, codes, etc. OTHER POLITICAL SCIENCE PUBLICATIONS

T he thirty-five years from the Civil W ar to 1900 represent a seed-time for political science as a subject of study rather than one of great fruition. New graduate departments were established, and soon young doctors in political science were being strewn over the land, to find their places in college and university faculties and there to persuade their presidents and deans to permit political science instruction to grow and to be organized in separate depart­ ments. B y 1900 the leading American graduate schools had con­ ferred many doctorates in political science, and the number granted each year was increasing steadily. The doctoral theses of these students, and the many articles that resulted as by-products of seminar work increased greatly the quan­ tity of publications in political science. New media of publication had to be created. Columbia and Johns Hopkins University began to publish separate series of doctoral dissertations. A t Columbia was established also the Political Science Quarterly in 1886, and in 1890 at the University of Pennsylvania was founded the Annals of the American Academy of Political and Social Science. The American Economic Review (1885), the American Historical Review (1895) and the American Journal of Sociology (1895) made some contri­ butions to political science, also, and were all well started before the American Political Science Review was established in 1906. These new vehicles for carrying the printed word to scholars and to the public were exceedingly important because of the opportuni61 George G rafton W ilson and George F o x T u cker, International Law (Boston: Silver, Burdett and Co., 1 9 0 1 ) .

ties they gave to students to present in articles new research and new ideas. As far as books in political science are concerned, however, the period was not one of large quantitative output. Furthermore, a number of fields were almost wholly neglected. Political ethics and moral philosophy were subjects of waning interest and no outstand­ ing works. Systematic political theory was represented by the works of Woolsey, Burgess, and W illoughby, for example, but there was no important history of political theory. There was a shift in in­ terest to the organization and operation of American government, but it was a foreigner, James Bryce, who made the greatest single contribution to this study. There were a few works in international law, but no important systematic study of international relations. There were beginnings in the study of local government, political parties, and public administration, but the time was not yet ripe for outstanding, comprehensive works to be published in these fields. Comparative government was more favored. Goodnow’s Compara­ tive Administrative Law was no small contribution to the field5 Woodrow Wilson’s The State was a good elementary treatise; and A. Lawrence L ow ell’s Government and Parties in Continental Europe was an important work. In constitutional law and constitu­ tional history there were also some substantial contributions.

P O L IT IC A L S C IE N C E E N T E R S T H E T W E N T IE T H C E N T U R Y By William Anderson This chapter is not intended to be a detailed account of the de­ velopments in American political science since 1900. T he materials for such an account have not been assembled, and the labor of gathering them w ill require much time. Political science as a col­ lege and university subject has undergone a tremendous expansion and an astounding diversification of interests in this century. Schools and departments, professors and courses, graduate and undergradu­ ate students, have all increased greatly in numbers, and there have been many significant developments in teaching methods and in subject matter. Some of these are known only, or at least are known best, by the local teaching faculties concerned. It may be suggested, therefore, that before the period since 1900 can be adequately de­ scribed there must be a number of studies of the development of political science in various localities and institutions. Such studies might w ell be made in all the leading universities by competent graduate students. This chapter may serve in the meantime as a rough sketch of general developments, subject to correction when more knowledge is available. Before 1900 a number of scholars had tried to define political science as a discipline distinct from economics, history, jurisprudence, and law, but it cannot be said that any agreement had been reached. The term was often used both in the singular and in the plural (political sciences) as including economics, jurisprudence, and other subjects. Sometimes it was used alternatively with social science, but then again there were writers who attempted to give it a more 257

precise and limited meaning. That its interest centered in the state and the government was generally accepted. Differences arose mainly when attempts were made to define the outer boundaries of the subject. Despite much confusion in general terminology, men's intellect­ ual interests were in fact becoming more clearly differentiated. Whatever the name of their department in the college or univer­ sity, whether “ political science," or “ political economy," or “ his­ tory and political science" or some other, one or more men in it were usually interested primarily in what we now call economics (the production and distribution of goods, wages and prices, supply and demand, etc.) and their incidental interest in state and govern­ ment was related primarily to public interferences in the opera­ tions of a supposedly free economic system. In the same department another man or two would be mainly concerned with the theory and nature of the state, the organization, powers, and functions of the government. Because the total number of instructors involved was usually small, and the same professor had often to teach in several fields, it was customary for administrative purposes to have political science combined in one department with economics or history or both. T he number of college and university instructors and professors who at the turn of the century were giving all or most of their time and attention to what we now call political science is unknown. Cer­ tainly the number was not large. It may have been upwards of fifty, but it almost certainly was not a hundred. These men were mostly in the universities and the largest colleges. In the many small colleges it was rare to have more than a single political science course, and that was usually offered by an instructor whose princi­ pal interest was in history or economics. T he number of students enrolled in political science courses in about 1900 is also not known, but as compared with present-day figures it too must have been very small. Conditions were ripe, however, for a rapid change in the situation. Collegiate enrolments increased from 173,000 in 1890 to 224,000

in 1900, then to 332,000 in 1910, 521,000 in 1920, and 971,000 in 1930. The 1938 figures are reported as 1,350,000. Along with these increased enrolments went a growth in faculties and institutional budgets. M ore men made possible also greater specialization. T he free elective system first introduced into Harvard by Presi­ dent Charles W . Eliot in 1872 was also exceedingly important. It permitted the student to take those courses in which he had the greatest interest. Some remnants of required work in English, mathematics, the classics, and foreign languages, were retained and are to be found even today, but the general trend after 1900 was strongly toward more freedom. Another change took place when political science, formerly given primarily or solely in the senior year, was permitted to move down into the junior, and then into the sophomore and even the freshman year. It was at these lower levels that the largest classes were formed, and larger classes necessitated the employment of more teachers. It followed, too, that if a student had his appetite whetted for political studies in a freshman or sophomore course, a much wider range of courses would be needed in the junior and senior years to carry him forward in his chosen field. These changes in conditions operated with marked effect in the newer state universities, which were but little influenced by the old classical tradition in education, and in the more liberal of the private universities and four-year colleges. There were certain countervailing tendencies, such as the rise of technical, agricultural, mechanical, and professional schools, and of preprofessional required courses in the colleges that took students directly from the secondary schools. Students in these curricula have had but little opportunity or encouragement to take courses in the social sciences. T he existence of such educational programs have of necessity reduced somewhat the potential field for political science instruction. As the demand for more teachers of political science increased, the graduate schools also had enlarged enrolments in this field, and conferred an increasing number of doctorates. From 1902 to 1910,

inclusive, 54 such degrees were conferred by six leading American graduate schools, and the total count would certainly be greater were figures available for all institutions. In the next decade ( 19 11 1920) an incomplete count shows that 125 Ph. D . degrees in politi­ cal science were granted by thirteen graduate schools. For the decade of the “ roaring twenties,” 296 doctorates in political science have been counted. Considering the fact that most Ph. D .’s go into teaching, and that many persons of different or less intensive train­ ing were and still are accepted as teachers in many institutions, there is here considerable indirect evidence of a rapid growth in political science faculties. Outside the universities and colleges other forces were at work to increase interest in and to provide opportunities for the study of government. T he United States had in the years after 1900 a period of great freedom for the social studies— and freedom is the indis­ pensable condition of the growth of such studies. Absolute mon­ archies and dictatorships, for example, are almost completely stifling to the free study of human institutions. M ore than this, there was a rebirth of faith in democracy at the same time that the faith in scientific investigations reached a high point. T he “ progressive era” in the forepart of the century was a time of almost unbounded faith in the possibility of political progress through governmental action. Governmental services increased apace. Direct primaries, the initia­ tive, the referendum, the recall, legal regulation of parties, munici­ pal home rule, commission and council-manager government, and many other new devices were eagerly embraced. Public budgeting, improved accounting and purchasing, the merit system, administra­ tive consolidation and simplification, and other administrative im­ provements began to receive hopeful attention. Governmental re­ search was given a tremendous push forward. H ow , in a period such as this, could students fail to catch some of the contagion that infected even large numbers of their elders who with Theodore Roosevelt stood at Armageddon and fought for the Lord, or who, led by W illiam Jennings Bryan and Woodrow Wilson, marched with the

hosts of Democracy toward a promised “ new freedom” through governmental action and reform? One important effect of all this progressive fervor was a tremen­ dous increase in the collegiate work in political science. Exact figures are unavailable but we have some indications of trends. In 1912 the American Political Science Review had about 267 professors and teachers on its list of subscribers, and in 1932 it had 580, or more than twice as many. Another report showed, as of 1929, 404 full­ time and 293 part-time college and university teachers of political science, or 697 in all, in about 200 leading universities and colleges. Figures on student enrolments are equally fragmentary, but they point in the same direction. T he Committee of Seven of the Ameri­ can Political Science Association found that in 1914 there were over 15,000 students enrolled in eleven leading political science subjects in 150 of the larger universities and colleges. This probably repre­ sented far more than half of all collegiate political science enrol­ ments in the country at the time, when there were about 400,000 students all told in all American institutions of collegiate grade. On an estimate one student in eighteen to twenty was then taking some course in political science. Calculations based on figures from several institutions suggest that the ratio today runs much higher, and that it may be as high as one in ten or at the lowest one in twelve. On this basis about 100,000 or more college students are today get­ ting some political science instruction each year. Enrolments in po­ litical science in single universities run as high as 2,500 and many have over 1,000 students at a time enrolled in this work. T h e multiplication and diversification of courses is naturally most noticeable in the large universities that offer both graduate and undergraduate courses. Very small colleges may offer but a single course in political science or a very few. T he Committee of Seven report for 1914 listed twenty courses commonly offered for under­ graduates in the larger institutions. Today lists of thirty and more courses are not uncommon in the biggest universities. This is indeed a far-cry from the day when the president of the college took only

seniors into a course in moral philosophy that devoted perhaps a few weeks to the problems of state and government. From these quantitative considerations we should turn to other phases of the new situation. In 1884 the American Historical As­ sociation had been formed, and in 1885 the American Economic Association was founded. Political scientists had no separate national organization. T hey attended the annual meetings of one or the other of the two associations named, but were not satisfied with this ar­ rangement. In 1902 John W . Burgess, M elvil Dewey, John H . Finley, Frank J. Goodnow, Jeremiah W . Jenks, Martin A . Knapp, Charles W . Needham, J. R. Parsons, Jr., Munroe Smith, Josiah Strong, M ax West, Robert H . Whitten, and Carroll D . W right issued a call for a conference to be held in Washington December 30th and 31st to consider the formation of an American Society of Comparative Legislation. The discussion developed the thought that what was needed was something broader, a political science associa­ tion. A committee of the conference later issued a call for a meeting at New Orleans on December 30, 1903, at the joint meeting of the American Historical Association and the American Economic As­ sociation, to establish a political science association. There, on that day, was founded the present American Political Science Association. Professor W . W . W illoughby, one of the founders, has called this action “ undoubtedly the most important event which has occurred in the history of the scientific study of matters political in this country.” The first officers of the association were Frank J. Goodnow, presi­ dent; Woodrow Wilson, first vice-president (declined); Paul S. Reinsch, second vice-president; Simeon E . Baldwin, third vicepresident; and Westei W . W illoughby, secretary-treasurer. The purpose of the organization was stated in the constitution as “ the encouragement of the scientific study of Politics, Public Law, A d ­ ministration and Diplomacy.” Nine different sections were set up under separate chairmen. The association soon began to publish annual proceedings, and in November 1906 it commenced publica­ tion of the American Political Science Review.

This marshalling of the forces of political science in a separate organization, coupled with the rapid expansion of faculties, student enrolments, and course offerings that was going on, led almost everywhere to a demand that political science be made a separate department in the universities and in the larger colleges. This took time to accomplish, and never was achieved generally except in the larger institutions. As late as 1914 it was found that of about 300 institutions only 38 had entirely separate departments of political science. In 89 others political science was combined with history, in 48 with both history and economics, in 45 with economics and soci­ ology, in 22 with economics alone, and in 21 with history, economics, and sociology. Later years have brought still more separations of political science from other departments, and almost everywhere the distinction of subject matter that the separation implies is com­ ing to be understood. T h e founding of true universities with graduate schools from about 1876 onward, and the devotion of a part of their resources to political studies, placed a new emphasis upon research in govern­ ment. Professors worked together with graduate students in semi­ nars that were designed to explore deeper and deeper into uncharted areas of political activity. Free to investigate without official inter­ ference, these advanced students began to unearth, to organize, and to publish an increasing quantity of data about the actualities of politics. T he thought steadily developed that political organizations and procedures are as natural, and as suitable for objective scientific investigation as the realms of physical and biological law. Research into the problems and methods of government soon, became the particular interest of an increasing number of specialist. T h e provision of means of publication helped greatly in the promotion of governmental research. The monograph series for Ph. D . theses at Columbia, Johns Hopkins, and elsewhere, the Po­ litical Science Quarterly (Columbia) and the Armais of the Ameri­ can Academy of Political and Social Science (University of Penn­ sylvania), followed later by the Proceedings of the American Po­ litical Science Association, the American Political Science Review

(1906 ff.), and the National Municipal Review (1912 ff.), all pro­ vided outlets for research and helped to spread the increasing body of new knowledge far and wide. Soon the universities proved to be insufficient to supply the de­ mand for knowledge about the actualities of politics and administra­ tion, particularly in the municipalities. In New York sprang up the first privately-supported Bureau of Municipal Research (1906), and soon other cities founded similar institutions. Organized survey groups were also established to go into cities on call to investigate their financial and administrative problems. Individuals in many walks of life, and many different associations, began to give atten­ tion to research and the gathering of information on political mat­ ters. Perhaps no country has ever seen so great an expansion of published knowledge concerning actual political and administrative matters as the United States has experienced since the early Progres­ sive days,— and the stream of new printed materials on government was never greater than today. An empirical and practical spirit came to pervade most of the studies. The approach from the point of view of moral philosophy and ethics receded into the background. Even the courses in syste­ matic political science or political philosophy did not grow,— but the history of political theories, which was an attempt to study chronologically how men had actually thought about politics, had its rise. The works of W illiam A . Dunning, W . W . W illoughby, and others provided some of the needed materials, but at best politi­ cal theory played but a small part in college instruction. W hat men were interested in was “ actual government,” and they found new materials in the study of municipal government, rural local govern­ ment, political parties, public administration, legislative organiza­ tion and methods, international relations, and other fields. New courses organized around these subjects multiplied rapidly in the college catalogs. A .general course in American government be­ came the beginning course in most places. The approach in this course was descriptive and analytical, rather than philosophical or ethical. Starting from this point students who “ majored” in political

science could follow an extensive sequence of courses up through the senior year and into the graduate school. As a result of the new approach and the greatly increased activity in the study of politics, what has been called the “ science of politics,” using science in the sense of a natural science, seemed to be in the making. M any leaders felt, however, that more needed to be done before a truly scientific politics could be created. On the one hand, the separation of politics from economics and other social sciences in research seemed to be unfortunate. The study of man’s social rela­ tions as a whole could not be made fruitfully from the point of view of state and government alone. A partial corrective was sup­ plied by the rise of an economic interpretation of politics, and by the influence of sociological studies on political science, but even these did not seem to be enough. Certain Conferences on the Science of Politics held under the auspices of the American Political Science Association after the W orld W ar emphasized the need for better scientific method. Particular emphasis was put on the need for quanti­ tative accuracy and the use of the best statistical methods in the study of politics, and on the necessity of utilizing the great body of new psychological knowledge for the explanation of political behavior. Out of these considerations arose the demand for a reunion of the social sciences for research purposes. W hat followed was the crea­ tion of the national Social Science Research Council, in which politi­ cal science joined economics, history, sociology, psychology, an­ thropology, and statistics for the promotion and perfection of social science research. In a number of universities committees or institutes for social science research were also organized. In very few cases did this mean actually reuniting the departments. Cooperation for re­ search purposes was the main purpose. American political science stands today reoriented somewhat away from the contemplation of the state and its sovereignty, and toward the study of actual political processes and the political be­ havior and motivation of man. A ll political writers have necessarily had man somewhat in mind, but with many of them the majesty and power of the state crowded him nearly out of the scene. The new

emphasis not only serves to humanize political science, but also to change the focus and to expand greatly the opportunities for fruit­ ful political research. This approach is, also, more in conformity with the spirit of a democratic people that still believes in political progress and the importance and dignity of the individual human being. This is not to say that the study has reached a fully rounded maturity. It may well be that its present secular and empirical ap­ proach needs to be corrected by a redefinition of the place of values and ethical factors in their relations to politics. Perhaps, too, Ameri­ can students of politics have permitted their studies to be so fully conditioned by the ideas and circumstances of their own country that theirs has become a science of North American rather than of world­ wide application. After all, the various forms of fascism and dictator­ ship do exist, and they require scientific explanation rather than denunciation. Despite these and other possible limitations, American political science today is a long step ahead of where it stood even a generation after the Civil W ar. It is broader, deeper, richer in knowledge, and unquestionably more scientific. W hat is more, it is youthful and vigorous, and capable of improvement from within as well as from without.

Bibliography

Bibliography EXPLANATORY

NOTE

This study of trends in the teaching of political science in colleges and universities of the United States from 1636 to 1900 is based on a survey and analysis of the following materials: 1. Printed lectures and textbooks in moral philosophy, which revealed the extent of political science content as a distinct phase of the philosophi­ cal course. 2. Subjects for disputation in the colonial and Revolutionary periods, whose topics indicate a deep interest in political theory and also in cur­ rent public questions. 3. Lectures in law , which at first were a recognition of a need to train citizens in their civic duties. 4. Textbooks used in political economy courses, which contributed to a knowledge of political science through their emphasis on governmental activities. 5. Treatises in political philosophy, international law, the Constitu­ tion, and governmental practice and administration, which were used as college textbooks. 6. Courses of study in more than twenty colleges and universities, supplemented by college statutes, institutional histories, and special re­ ports. T h e works found most useful are as follows: A.

THE

TEACHING

OF

POLITICAL

SCIENCE

IN

COLLEGES

AND

UNIVERSITIES

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18. Brow n University. T h e Defartm ent of Social and Political Science i 8 g i —iQ 2 j at Brown University. Providence, R . I., 1928. 30p. 19. Bruce, Philip Alexander. History of the University of Virginia: i 8 i ç —i ç i q . N ew Y o rk : Macmillan C o., 1920 -22. 5 vols. 20. Bruncken, Ernst. Francis Lieber; a Study of a M an and an Ideal. n .p . 19 15 . 55p. 2 1. Bryce, James. “ Relations of Political Science to History and to Practice,5’ American Political Science Review, I I I (February 19 0 9 ), I-19 .

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B. COLLEGE CATALOGS, LAWS, REPORTS, ETC., CONTAINING COURSES OF STUDY

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164. Columbia University. Early Minutes of the Trustees. Vol. I: I 7 5 5 ~ I 7 7 o. N ew Y o rk, 1932. (Photo-lithographic reproduction of documents.)

165. Columbia University. R efort of a Committee of the Trustees of Columbia Collegey A ffo in ted to Consider and R efort on the Sub­ jects of the removal of the Collegey a change in the collegiate systemy the establishment of a university systemy c. N ew Y ork: Hall, C lay­ ton and Co., 1854. 36p. 166. Columbia University. Resolutions Passed by the Trustees of C o ­ lumbia College . . . . from 1820 to 18 68. N ew Y o rk : D . Van Nostrand, 1868. 20ip. 167. Columbia University. T h e Statutes of Columbia College in N ew York. N ew Y o rk: W illiam Ross, 1788. 15p. 168. Columbia University. Statutes of Columbia Collegey Revised and Passed by the Board of Trusteesy Octobery 18 2 7. N ew Y o rk : T . and J. Swords, 1827. 30p. 169. Cornell University. First General Announcement. Ithaca, N . Y ., 1867. 19p. 170. Cornell University. R efort of the Committee on Organi%ationy Presented to the Trustees of Cornell Universityy October 2 isty 18 6 6. Albany, N . Y .: C . Van Benthuysen and Sons, 1867. 48p. 1 7 1 . Cornell University. University Register. 1 868/69—1899/1900 . 172. Dartmouth College. Catalogs. O ct. 18 2 6 -O c t. 1830, O ct. 1 8 3 1/ 32, O ct. 1832, O ct. 1834, Sept. 1835—1899/1900. 173. Dartmouth College. Laws of Dartmouth College. Hanover, N . H .: Thomas M ann, 1828. 24p. 174. Dartmouth College. Laws of Dartmouth College. Concord, N . H .: Asa M cFarland, 1842. i6p. 17 5 . George Washington University. Catalogs. M arch 1825, 1839, 1847, i 85 U 18 5 5 / 5 6 -18 6 0 / 6 1, 18 6 2 /6 3 -18 9 9 /19 0 0 . 176 . George W ashington University. Laws of the Columbian College. n. p. 1822. 17 7 . George Washington University. Laws of the Columbian College in the District of Columbia. W ashington, D . C .: Printed at the C o ­ lumbian Office, 1824. l6p. 178. Hamilton College. Catalogs. Dec. 1823, i 8 3 2 / 3 3 > 1 834/35— 1839/40, 18 4 2 / 4 3 -18 5 0 / 5 1, 18 52/53, 18 5 4 / 5 5 -18 5 9 /6 0 , 1 8 6 1 / 6 2 ,1 8 6 2 / 6 3 ,1 864/65—18 73 /74 . 179. Harvard. College Records. Publications of the Colonial Society of Massachusetts, Vols. 15, 16, and 3 1. Boston, 1925 and 1935. 3 vols.

180. Harvard University. Broadside dated M arch 18 18. 4p. (C on ­ tains admission requirements, course of instruction, etc.) 18 1. Harvard University. Catalogs, O ct. 18 19—O ct. 18 21, O ct. 1825, Sept. 1826, 18 2 7 /2 8 -18 9 9 /19 0 0 . 182. Harvard University. T h e Laws of Harvard College. Boston: Samuel Hall, 1790. 66p. 183. Harvard University. T h e Laws of Harvard College. Cambridge, M ass.: W . Hilliard, 1807. 71p. 184. Harvard University. Laws of Harvard College for the Use of the Students. Cambridge, Mass.: Hilliard and M etcalf, September, 18 16. Appendix, 50p. 185. Harvard University. R efort of a Committee of the Overseers of Harvard College January 6, 1825. Cambridge, Mass.: Hilliard and M etcalf, 1825. Variously paged. 186. Johns Hopkins University. Register. 18 77 /78 —1899/1900. 187. Michigan. University. Catalogs. 18 5 0 /5 1, 18 5 1/5 2 , 18 55/56 , 1 8 5 7 /5 8 -18 6 2 /6 3 , 18 6 4 /6 5 -18 9 9 /19 0 0 . 188. Michigan. University. T h e Presidents R efort to the Board of Regents: 18 72 , 18 74 , 18 79 , 1882. A nn Arbor, M ich., 18 72 -8 2 . 189. Minnesota. University. Almanac. 18 7 0 -18 7 3 . Also, Calendar. 18 7 5 / 7 6 -18 9 5 / 9 6 . 190. Minnesota. University. Bulletin. 1898—1899/1900. 1 9 1. Pennsylvania. University. Catalogs. Jan. 1830, Jan. 1833, 1840/ 4 1, 18 4 1/4 2 , 1845/46, 1847/48, 18 4 9 /5 0 -18 5 7 /4 2 , 18 5 9 /6 0 18 6 1/6 2 , 18 6 3 /6 4 -18 6 5 /6 6 , 18 6 7 / 6 8 -18 7 0 / 7 1 , 18 72/73 1 8 7 8 / 7 9 ,18 8 0 / 8 1-1 8 9 9 / 1 9 0 0 . 192. Princeton University. Catalogs. 1840 & 1 8 4 1 , 18 4 1/4 2, 18 4 7 / 48, 1848/49, 1 8 5 0 / 5 1-1 8 5 3 / 5 4 , 18 5 5 / 5 6 -18 5 7 / 5 8 , 1864/65, 18 67/68 , 18 6 9 / 7 0 -18 7 3 / 7 4 , 18 7 5 / 7 6 -18 8 3 / 8 4 , 18 8 6 /8 7 1899/1900. 193. Princeton University. Laws of the College of New-Jersey R e­ viewed, Amended and Finally A do f ted, by the Board of Trustees ■ in A fr il 179 4 . Trenton, N . J.: Isaac Collins, 1794. 37p. 194. Princeton University. Laws of the College of New-Jersey, R e­ viewed, Amended and Finally A dofted, by the Board of Trustees, in Seftember 1802. Philadelphia: R . Aitken, 1802. 39p. 195. Rutgers College. Catalogs. 18 5 3 / 5 4 -18 5 5 / 5 6 , 18 6 0 / 6 1-18 9 9 / 1900.

196. Stanford University. Register. 18 9 1/9 2 —1899/1900. 197. Virginia. University. Catalogs. 1845/46, 1846/47, 1848/49, 1 849/50, 18 5 5 /5 6 -18 9 9 /19 0 0 . 198. W ayland, Francis (chairm an), R e fort to the C orf oration of Brown University, on Changes in the System, of Collegiate Education} Read March 28, 1850. Providence, R . L : George H . W hitney, 1850. 76p. 199. College of W illiam and M ary. Catalogs. 1829/30, 1855, 18 5 5 / 56, 18 56 /57, 1859, 1888/89, 18 9 5 /9 6 -18 9 9 /19 0 0 . 200. College of W illiam and M ary. “ College Papers,” W illiam and Mary College Quarterly y X X V (April 1 9 1 7 ) , 236—42. (Contains course of study in 18 15 .) 201. College of W illiam and M ary. Laws and Regulations of the College of William and Mary in Virginia. 1830, 1835, 1837, 1840, 1845, 1849, 1853, 1857. Imprint varies. 202. College of W illiam and M ary. Officersy Statutes and Charter of the College of William and M ary. Philadelphia: W illiam F ry, 18 17 . 62p. 203. College of W illiam and M ary. Statutes of the College of William and Mary in Virginia 173 6 . Bulletin, Vol. 7, No. 3. W illiamsburg, Va., 1914. 2 ip . Reprinted in W illiam and Mary College Quarterly. X X I I (April 1 9 1 4 ) , 2 8 1-9 6 . 204. College of W illiam and M ary. “ T h e Statutes of the College of W illiam and M ary in Virginia. Printed in 1758 ,” William and Mary College Quarterly, X V I (April 190 8), 2 3 9 -56 . 205. College of W illiam and M ary. “ Statutes of the College in 17 9 2 ,” William and Mary College Quarterly, X X (July 1 9 1 1 ) , 52—59. 206. Williams College. Catalogs. 1 8 5 1 / 5 2 -1 8 5 4 / 5 5 , 18 5 6 / 5 7 18 6 1/6 2, 1863/64, 1864/65, 18 6 7/6 8 -18 9 9 /19 0 0 . 207* Williams College. T h e Laws of Williams College. Stockbridge, Mass.: H . W illard, 1805. Reprinted by W illiams College Alum ni Association of N ew Y o rk in 19 13 . 46p. 208. Wisconsin. University. Catalogs. D ec. 18 57, 18 6 1/6 2 , 18 62/63, 1 864/65, 1 8 6 6 /6 7 -18 7 3 / 7 4 , 18 7 5 / 7 6 -18 8 5 / 8 6 , 1 887/88, 1888/89, 18 9 0 /9 1-18 9 9 /19 0 0 . 209. Y ale University. Catalogs. N ov. 1824, Nov. 1825, 1829/30, 18 30 /31, 1833/34, 18 6 6 /6 7-18 9 9 /19 0 0 .

1 835/36—18 37/38,

18 3 9 /4 0 -18 6 4 /6 5 ,

210* Y ale University. T h e Laws of Yale-College in New-Haven, in Connecticut. N ew Haven, C onn.: Josiah Meigs, 178 7. 36p. 2 1 1. Y ale University. T h e Laws of Yale College in New-Haven in Connecticut. N ew Haven, Conn.: Journal Office, 18 17 . 47p.

C. TEXTBOOKS IN POLITICAL SCIENCE AND RELATED SUBJECTS OF STUDY

(a) Political Philosophy, Comparative Government, and General Political Science • 2 12 . Bagehot, W alter, Physics and Politics; or, Thoughts on the A p­ plication of the Principles of “ Natural Selectionyy and “ Inheritance” to Political Society. N ew Y o rk : D . Appleton and Co., 1873. 224p. 2 13. Bluntschli, J . K . T h e Theory of the State. Authorized English translation from the 6th Germ an edition. O xford, England: Claren­ don Press, 1885. 518p. 2 14 . Burgess, John W . Political Science and Comparative Constitu­ tional L aw . Boston: Ginn and C o., 1890—9 1. 2 vols. 2 15 . Burlamaqui, J. J. T h e Principles of Natural and Politic Law . 5th edition. Translated by Thom as Nugent. Cambridge, Mass.: Printed at the University Press by W . Hilliard, 1807. 2 vols. 2 16 . Crane, W illiam W ., and Moses, Bernard. Politics: A n Intro­ duction to the Study of Comparative Constitutional Laver N ew Y ork: G . P. Putnam’s Sons, 1884. 3°5P* 2 17 . Destutt de T ra cy, Antoine Louis Claude, comte. A Commentary and Review of M ontesquieus Spirit of Laws. Philadelphia: W illiam Duane, 18 1 1 . 292p. 218 . Ferguson, Adam . A n Essay on the Origin of Civil Society. 8th edition. Philadelphia: A . Finley, 18 19 . 506p. 2 19 . Goodnow, Frank J. Politics and Administration; a Study in Gov­ ernment. N ew Y o rk : Macmillan C o,, 1900. 270p. 220. Grim ké, Frederick. Considerations upon the Nature and T end­ encies of Free Institutions. Cincinnati: H. W . Derby and Co., 1848. 5 4 4 P* 2 2 1. Guizot, F. P. G , History of the Origin of Representative Govern­ m ent in Europe. Translated by Andrew R . Scoble. London: Henry G . Bohn, 1852. 538p.

222. Jenks, Edward. A History of Politics. N ew Y o rk : Macmillan C o., 1900. i66p. 223. Johnston, Alexander. History of American Politics. N ew Y o rk : Henry Holt and Co., 1879. 2 7 4 P* 224. Lieber, Francis. Manual of Political Ethics Designed Chiefly for the Use of Colleges and Students at L aw . Boston: Charles C . Little and James Brown, 1838—39. 2 vols. 225. Lieber, Francis. O n Civil Liberty and Self-Government. Phila­ delphia: Lippincott, Grambo and C o., 1853. 2 vols. 226. Locke, John. A n Essay Concerning the True Original E xtent and E nd of Civil Government. Boston: Edes and Gill, 17 73 . 129p. 227. Lowell, A . Lawrence. Governments and Parties in Continental Europe. Boston: Houghton, Mifflin and C o., 1896. 2 vols. 228. M acy, Jesse. T h e English Constitution: A Commentary on Its Nature and Growth. N ew Y o rk : Macmillan Co., 1897. 534p. 229. M ill, John Stuart. Considerations on Representative Government. London: George Routledge and Sons, 1905. 345p. 230. Montesquieu, Charles Louis de Secondât, baron de La Brède et de. T h e Spirit of Laws. London: J. Nourse and P. Vaillant, 1750. 2 vols. 231. M ulford, Elisha. T h e Nation: T h e Foundatio7is of Civil Order and Political L ife in the United States. N ew Y o rk : Hurd and H ough­ ton, 1870. 418p. 232. Paine, Thom as. Dissertation on First Principles of G overnment. London: Printed for the Proprietors, 1795? 24p. 233. Paine, Thom as. Rights of M a n : Being an Answer to M r. Burkeys Attack on the French Revolution. London: H . D . Symonds, 1792. 78 + 94p. 234. Rousseau, Jean Jacques. T h e Social Contracty or Principles of Political Right. Translated by Henry J. T o zer. London: Swan Son­ nenschein and Co., 1905. 247p. 235. Sidney, Algernon. T h e Essence of Algernon Sidneyys W ork on Government. By a Student of the Inner Tem ple. London: J. John­ son, 1795. 287p. (Discourses on Government first published in 1698.) 236. Smith, John Augustine. A Syllabus of the Lectures delivered to the Senior Students in the College of W illiam and Mary on Government. Philadelphia: Thom as Dobson and Son, 18 17 . ii8 p . 237. Tocqueville, Alexis De. Democracy in America. Translated by Henry Reeve, as revised and annotated from the author’s last

edition by Francis Bowen. N ew Y o rk : Century C o., 1898. 2 vols. 238. W illoughby, W . W . A n Examination of the Nature of the State; a study in Political Philosophy. N ew Y o rk : Macmillan and C o., 1896. 448p. 23 9* W ilson, W oodrow . T h e State; Elements of Historical and Prac­ tical Politics. Boston: D . C . Heath and C o., 1889. 686p. 240. W oolsey, Theodore D . Political Science ; or, the State Theoreti­ cally and Practically Considered. N ew Y o rk : Scribner, Armstrong and C o., 1878* 2 vols*

(b) American Government {National, State, and Local)> Including Constitutional Analysis 2 41. Alden, Joseph. T h e Science of Government in Connection with American Institutions. New Y o rk : Sheldon and C o., i 860 . 248p. 242. Andrews, Israel W ard. Manual of the Constitution of the United States. Cincinnati: Van Antw erp, Bragg and C o., 1878. 370p. 243. Ashley, Roscoe Lewis. T h e American Federal State: Its Histori­ cal Development Government and Policies. N ew Y o rk : Macmillan C o., 1 9 1 1. 629p. 244. Baldwin, Henry. A General View of the Origin and Nature of the Constitution and Government of the United States. Philadelphia: John C . Clark, 1837. I 97 P« 245. Bayard, James. A Brief Exposition of the Constitution of the United States. Philadelphia: Hogan and Thompson, 1833. i66p. 246. Bowen, Francis (editor). Documents of the Constitution of E ng­ land and America from Magna Charta to the Federal Constitution of 1789. Cambridge, Mass.: John Bartlett, 1854. J42p. 247. Bryce, James. T h e American C ommonwealth. London: M acmil­ lan and C o., 1888. 2 vols. 248. T h e Constitutions of the United States; According to the Latest Amendments. T o which are Prefixed the Declaration of Independ* ence, and the Federal Constitution. Lexington, K y .: Thom as T . Skillman, 18 13. 381p. 249. Cooley, Thom as M . T h e General Principles of Constitutional Law in the United States of America. 2d edition by Alexis C . Angelí. Boston: Little, Brow n, and C o., 18 9 1. 390p. 250. T h e Federalist; a Commentary on the Constitution of the United

States. Edited by Henry Cabot Lodge. N ew Y o rk : G . P. Putnam’s Sons, 1908. 586p. 251. Fiske, John. Civil Government in the United States Considered with Some Reference to Its Origins. Boston: Houghton, Mifflin and Co., 1890. 360p. 252. Flanders, Henry. A n Exposition of the Constitution of the United States. Designed as a M anual of Instruction. Philadelphia: E . H. But­ ler and Co., i860. 311p . 253. Hart, Albert Bushnell. Actual Government as Applied under American Conditions. N ew Y o rk : Longmans, Green, and C o., 1903. 599 P254. M acy, Jesse. O ur Government: How It Grewy W hat It D oesy and H ow It Does It. Revised edition. Boston: Ginn and Co., 1890. 296p. 255. M acy, Jesse. Political Parties in the United States, 1846—1 8 6 1 . N ew Y ork: Macmillan C o., 1900. 333p. 256. Mansfield, Edw ard D . T h e Political Manual: Being a Complete View of the Theory and Practice of the General and State Govern­ ments of the United States. Adapted to the Use of Colleges, A cad­ emies, and Schools. N ew Y o rk : A . S. Barnes and Co., 1872. 349p. 257* Paschal, George W . T h e Constitution of the United States D e ­ fined and Carefully Annotated. W ashington, D . C . : W . H . and O . H . Morrison, 1868. 407p. 258. Pomeroy, John Norton. A n Introduction to the Constitutional Law of the United States. Especially Designed for Students, General and Special. 3d edition revised. N ew Y o rk : Hurd and Houghton, 1 8 7 5 . 580p. 259. Rawle, W illiam. A View of the Constitution of the United States of America. 2d edition. Philadelphia: Philip H . Nicklin, 1829. 349p. 260. Sheppard, Furman. T h e Constitutional Text-B ook: A Practical and Familiar Exposition of the Constitution of the United States, and of Portions of the Public and Administrative Law of the Federal Government. Designed Chiefly for the Use of Schools, Academies, and Colleges. Philadelphia: Sower, Barnes and Potts, 1855. 324p. 2 61. Story, Joseph. Commentaries on the Constitution of the United States. Boston: Hilliard, G ray and Co., 1833. 3 vols. 262. Sullivan, W illiam . T h e Political Class B ook ; Intended to In ­ struct the Higher Classes in Schoolsy in the Originy N aturey and Use

of Political Power. Boston: Richardson, Lord and Holbrook, 1830. 1 4 8 p*

263* Tow nsend, Calvin. Analysis of Civil Gov eminent y Including a Topical and Tabular Arrangement of the Constitution of the United States. Designed as a Class-Book. N ew Y o rk : Ivison, Phinney, Blakeman, and C o., 1869. 342p. 264. T u cker, Henry St. George. Lectures on Constitutional Law y for the Use of the Law Class at the University of Virginia. Richmond, V a.: Shepherd and Colin, 1843. 242p. 265. T u cker, Henry St. George. Lectures on Government. Charlottes­ ville, V a .: James Alexander, 1844. 224p. 266. T u cker, Nathaniel Beverley. A Series of Lectures on the Science of Government. Intended to Prepare the Student for the Study of the Constitution of the United States. Philadelphia: Carey and Hart, 1845. 464p. 267. Y o u n g, A ndrew W . T h e Citizen’s Manual of Government and L aw . N ew edition revised. N ew Y o rk : H . Dayton, 1858. 448p.

(c) International and General Law 268. Blackstone, W illiam . Commentaries on the Laws of England. O xford, England: Clarendon Press, 1765—69. 4 vols. 269. Davis, George B. T h e Elements of International Law . 3d edi­ tion revised. N ew Y o rk : Harper and Brothers, l9 o 8 .^ 7 3 p . (First published in 1887.) 270. Gallaudet, E dw ard M . A Manual of International Law . 4th edi­ tion. N ew Y o rk : Henry H olt and C o., 1892; 338p. 2 7 1. Grotius, Hugo. O f the Rights of W ar and Peacey in Three Vol­ umes; in which are Explained the Laws and Claims of Nature and Nationsy and the Principal Points that relate either to Publick G ov­ ernment or the Conduct of Private L ife. London: D . Brown, T . W ard , and W . Meares, 1 7 1 5 . 3 vols. 272. Halleck, H. W . International L a w ; ory Rules Regulating the In ­ tercourse of States in Peace and W ar. N ew Y o rk : D . Van Nostrand, 18 6 1. 907p. 273. Hoffman, David. A Course of Legal Study. Baltimore: Coale and M axw ell, 18 17. 383p. (2d edition published in 1836.) 274. Hoffman, David. A Lecture Introductory to a Course of Lecturesy

now Delivering in the University of Maryland. Baltimore: John D . T o y , 1823. 76p. 275. Hoffman, David. Syllabus of a Course of Lectures on L aw . Pro­ posed T o Be Delivered in the University of Maryland. Baltimore: Edward J. Coale, 1821. 92p. 276. Kent, James. Commentaries on American Law . N ew Y o rk : O . Halsted, 1826—30. 4 vols. 277. Kent, James. Dissertations: being the Preliminary Part of a Course of Law Lectures. N ew Y ork, 1795. 87p. 278. Kent, James. “ K en t’s Introductory Lecture.” Columbia Law Review, I I I (M a y 19 0 3 ), 330—43. (Lecture delivered November

x7> I 7 9 4 ’) 279. Lawrence, T . J. T h e Principles of International Law. 7th edition revised by P. H . W infield. Boston: D . C . Heath and C o., 1923. 766p. (First published in 18 95.) 280. Poison, Arthur. Principles of the Law of Nations with Practical Notes and Supplementary Essays on the Law of Blockade and on Contraband of W ar. Philadelphia: T . and J. W . Johnson and C o., i860. 115p. 281. Pufendorf, Samuel. O f the Law of Nature and Nations. Eight Books. Translated by Basil K ent and others. O xford, England: A . and J. Churchill, &c., 1703. Variously paged. 282. Rutherforth, Thom as. Institutes of Natural Law. Being the Sub­ stance of a Course of Lectures on Grotius de Jure Belli et Pacis read in S. Johns College Cambridge. Cambridge, England: W . T h u rlbourn, 1754. 2 vols. 283. Snow, Freeman. Cases and Opinions in International Law . Bos­ ton: Boston Book Store, 1893. 586p. 284. Tucker, Nathaniel Beverley. A Lecture on the Study of the Law. Being an Introduction to a Course of Lectures on that Subject in the College of W illiam and M ary. Richmond, V a.: T . W . W hite, 1 8 3 4 .29p. 285. Vattel, Emmerich de. T h e Law of Nations; ory Principles of the Law of Nature; Applied to the Conduct and Affairs of Nations and Sovereigns, ist American edition. N ew Y o rk : Samuel Campbell,

1796- 563p286. W heaton, Henry. Elements of International Law: with a Sketch of the History of the Science. London: B. Fellowes, 1836. 2 vols.

287. W ilson, George G rafton, and T ucker, George Fox. International L aw . 5th edition. Boston : Silver, Burdett and C o., 1910. 505p. (First published in 19 0 1.) 288. W ilson, James. T h e Works of the Honourable James W ilsony L . L . D . Philadelphia: Bronson and Chauncey, 1804. 4 vols. (C on ­ tains lectures on law at the University of Pennsylvania.) 289. W oolsey, Theodore D . Introduction to the Study of International L aw y Designed as an A id in Teachingy and in Historical Studies.. Boston: James Munroe and C o., i8 6 0 . 486p.

(d ) M oral Philosophy 290. Adams, Jasper. Elements of M oral Philosophy. Cambridge, Mass.: Folsom, W ells, and Thurston, 1837. 492p. 2 9 1. Alexander, Archibald. Outlines of M oral Science. N ew Y o rk : Charles Scribner, 1852. 272p. 292. Calderwood, Henry. Handbook of M oral Philosophy. 12th edition. London: Macmillan C o., 1885. 319p. (First published in 18 72.) 293. Clap, Thomas. A n Essay on the Nature and Foundation of M oral Virtue and Obligation; Being a Short Introduction to the Study of Ethics for the Use of the Students of Yale-College. N ew Haven, C onn.: B . Mecom, 17 6 5 . 66p. 294. D agg, J. L . T h e Elements of M oral Science. N ew Y o rk : Sheldon and C o., i860, 374p. 295* Fairchild, James H . M oral Philosophy ory T h e Science of Obliga­ tion. N ew Y o rk : Sheldon and C o., 1869. 326p. 296. Gros, Johan. Daniel. Natural Principles of Rectitudey for the Con­ duct of M an in all States and Situations of L ife; demonstrated and explained in a Systematic Treatise on M oral Philosophy: compre­ hending the Law of Nature— Ethics— Natural Jurisprudence— General Œ conomy— Politics— and the Law of Nations. N ew Y o rk : T . and J. Swords, 1795. 456p. 297. Haven, Joseph. M oral Philosophy: including Theoretical and Practical Ethics. Boston: Gould and Lincoln, 1859. 366p. 298. Hickok, Laurens P. A System of M oral Science. Schenectady, N . Y .: G . Y . Van Debogert, 1853. 431p. Revised by Julius H . Seelye. Boston: Ginn and Heath, 1880. 288p.

292 299. Hill, W alter H. Ethics or, M oral Philosophy. Baltimore: John Murphy and Co., 1878. 342p. 300. Hopkins, M ark. Lectures on M oral Science. Boston. Gould and Lincoln, 1872. 304p. 301. Hutcheson, Francis. A Short Introduction to M oral Philosophy in Three Books, containing the Elements of Ethicks and the Law of Nature. Translated from the Latin. 3d edition. Glasgow. Robert and Andrew Foulis, 1764. 2 vols. 302. Hutcheson, Francis. A System of M oral Philosophy. Glasgow : Robert and Andrew Foulis, 175 5 . 2 vols. 303. Johnson, Samuel. Elementa Philosophica: Containing Chiefly, No etica, or T lungs Relating to the M ind or Understanding: and Ethica, or Things relating to the M oral Behavior. Philadelphia: B . Franklin and D . H all, 1752. 103 -f- 103p. 304. Jouffroy, Theodore Simon. Introduction to Ethics, Including a Critical Survey of M oral Systems. Translated by W illiam H. Channing. Boston: Hilliard, G ray, and C o., 18 41. 2 vols. 305. More, Henry. Enchiridion Ethicum. English translation of 1690; reproduced from first edition. N ew Y o rk : Facsimile T e x t Society, 1930. 268p. 306. Paley, W illiam . T h e Principles of M oral and Political Philosophy. 7th edition. Philadelphia: Thom as Dobson, 1788. 499p. 307. Peabody, A ndrew P. A Manual of M oral Philosophy Designed for Colleges and High Schools. N ew Y o rk: A . S. Barnes and C o., 1 8 7 3 .225p. 308. Peabody, A ndrew P. M oral Philosophy -, a Series of Lectures. Bos­ ton: Lee and Shepard, 1887. 337p. 309. Porter, Noah. T h e Elements of M oral Science, Theoretical and Practical. N ew Y o rk: Charles Scribner’s Sons, 1885. 574p. 310. Robinson, Ezekiel Gilman. Principles and Practices of Morality; or, Ethical Principles Discussed and Applied. Boston: Silver, Rogers and Co., 1888. 252p. 3 1 1. Smith, Samuel Stanhope. T h e Lectures, corrected and improved, which have been delivered for a series of years in the college of N ew Jersey, on the subjects of moral and political philosophy. Trenton, N . J .: Published by Daniel Fenton for the Author, 18 12 . 2 vols. 312 . Stewart, Dugald. “ Lectures on Political Economy,” in Collected

W orks of Dugald Stewart. Edited by Sir W illiam Hamilton. Edin­ burgh: Thom as Constable and C o., 1855—56. Vols. V I I I and IX . 3 13 . W ayland, Francis. T h e Elements of Moral Science. N ew Y o rk : Cooke and C o., 1835. 448p. 314* W hew ell, W illiam . T h e Elements of Morality, including Polity. N ew Y o rk : Harper and Brothers, 1856. 2 vols. (First London edi­ tion 1845.) 3 15 . Witherspoon, John. Lectures on M oral Philosophy. Edited under the Auspices of the American Philosophical Association by Varnum Lansing Collins. Princeton, N . J.: Princeton University Press, 19 12 . I44p3 16 . W ollaston, W illiam . T h e Religion of Nature Delineated. London: Sam. Palmer, 1724. 218p.

(e) Political Economy} Historyy and Antiquities 3 1 7 . Adam , Alexander. Roman Antiquities: or> an Account of the Manners and Customs of the Romans. 6th edition. London: Cadell and Davies, &c., 1807. 6 i6 p . 318 . Bancroft, George. History of the Formation of the Constitution of the United States. N ew Y o rk : D . Appleton and C o., 1885. 495p. 3 19 . Bowen, Francis. A merican Political Economy. N ew Y ork : Charles Scribner and C o., 1 8 7 0 .495p. 320. Bowen, Francis. T h e Principles of Political Econmny. Boston: Little, Brown, and C o., 1856. 546p. 3 2 1. Cairnes, J. E . Some Leading Principles of Political Economy Newly Expounded. N ew Y o rk : Harper and Brothers, 1874. 421p. 322. Carey, H. C . Principles of Political Economy. Philadelphia: Carey, Lea and Blanchard, 1837—40. 4 parts in 3 vols. 323. Carey, H . C . Principles of Social Science. Philadelphia: J. B. Lippincott and C o., 1858—60. 3 vols. 324. Cooper, Thomas. Lectures on the Elements of Political Economy. Columbia, S. C .: Doyle E . Sweeny, 1826. 280p. 325. Curtis, George Ticknor. Constitutional History of the United Statesy from Their Declaration of Independence to the Close of Their Civil W ar. N ew Y o rk : Harper and Brothers, 1889—96. 2 vols. 326. Curtis, George Ticknor. History of the Origin} Formation and

Adoption of the Constitution of the United States with Notices of Its Principal Framers. N ew Y o rk : Harper and Brothers, 1854—58. 2 vols. 327. D ew , Thomas. A Digest of the Laws, Customs, Manners, and Institutions of the Ancient and Modern Nations. New Y o rk : D . Appleton and Co., 1853. 662p. 328. D ew , Thomas. Lectures on the Restrictive System, Delivered to the Senior Political Class of William and Mary College. Richmond: Samuel Shepherd and Co., 1829. 195p. 329. Eschenburg, J. J. Classical Antiquities ; Being Part of the “ M an­ ual of Classical Literature” From the German with additions by N . W . Fiske. 4th edition. Philadelphia: Edward C . Biddle, 1843. 3 3 Ip330. Fawcett, Henry. Manual of Political Economy. 7th edition. L o n ­ don: Macmillan and Co., 1888. 639p. (First published in 1863.) 33 1. Godwyn, Thom as. Romanae Historiae Anthologia Recognita et Aucta. A n English Exposition of the Roman Antiquities, wherein many Roman and English offices are paralleled, and divers obscure phrases explained. London: Henry Cripps, 1658. 277p. 332. Guizot, F. P. G . General History of Civilization in Europe from the F all of the Roman Empire to the French Revolution. 8th A m er­ ican from 2d English edition. N ew Y ork: D . Appleton and Co., 1 8 5 6 .315p. 333. Hallam, Henry. Constitutional History of England from the A c ­ cession of Henry V II to the death of George I L London: J. M u r­ ray, 1827. 2 vols. 334. Kennett, Basil. Romae Antiquae Notitia: or, T he Antiquities of R om e. 1 2th edition. London: W . Innys, &c., 1754. 375p. 3 3 5 * Lanktree, John. A Synopsis of Roman Antiquities. 2d edition. Dublin: W illiam Curry, Jun. and C o., 1830. 217p. 336. Laughlin, J. Laurence. T he Elements of Political Economy. N ew Y o rk: D . Appleton and Co., 1887. 363p. 337. Laveleye, Emile de. T h e Elements of Political Economy. T ran s­ lated by A . W . Pollard. N ew Y ork: G . P. Putnam’s Sons, 1884. 288p. 338. M cVickar, John, Outlines of Political Economy. Being a re-publi­ cation of the Article upon that Subject Contained in the Edinburgh

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Index

Index A d a m s , A le x a n d e r ,

tiesy 5 5 , A d a m s,

Roman Antiqui-

9 8 n ., 9 9 , 1 1 4 , 1 1 8 , 1 6 4

C h a r le s

K e n d a ll,

1 3 7 n .,

1 9 1 n ., 2 0 5 f ., 2 0 7 n . A d a m s, H e n r y , 1 7 3

Elements of Moral

J asp er,

Philosof hy,

155

A d m in is tr a tio n , liste d as c u r ric u lu m o ffe r in g b y in d iv id u a l c o lle g e s a fte r 1 8 6 5 , 1 7 6 , 18 0 n ., 1 8 1 , 1 8 5 , 1 8 8 , 1 9 5 , 2 0 0 , 2 1 1 f ., 2 1 5 f ., 2 1 9 ; t e x t­ books a v a ila b le a fte r 1 8 6 5 , 2 4 7 - 5 3 A i d e n , J o se p h , Science of Governmenty 2 3 7 A r c h ib a ld , Outlines Science, 1 3 1 m , 1 5 5 , 2 0 4

A le x a n d e r ,

Moral A lfo r d

of

p ro fesso rsh ip o f n a tu ra l r e li­

g io n , m o ra l p h ilo s o p h y , an d c iv il p o lit y ( H a r v a r d ) , 5 7 - 5 9 , 6 3 , 1 1 6 , 16 1 A m e r ic a n P o litic a l S c ie n c e A ssocia­ tio n , 1 7 2 , 2625 C o m m itte e o f S e v e n , 2 2 9 , 2 6 1 ; C o n fe r e n c e s on th e S c ie n c e o f P o litic s , 2 6 5 A m h e rs t

C o lle g e ,

c u r r ic u lu m

o f fe r ­

in gs, 1 1 7 - 1 9 , 1 9 7 - 2 0 1 A n c ie n t la n g u a g e s,

see

A n d r e w s , Israel W a r d ,

Physics and PoliticSy

1 8 6 f ., 2 4 6

General View of the Origin and Nature of the Constitu­ tiony 2 3 8

B a ld w in , H e n r y ,

B a ld w in , S im e o n E ., 2 6 2

A d a m s , H e r b e r t B ., 1 9 4 f ., 2 4 7 A d a m s,

B a g e h o t, W a lt e r ,

C lassics

Manual of the

History of the Formation of the Constitution,

B a n c r o ft, G e o r g e , 1 9 9 n.3 1 9 4 n ., 2 3 9

B a rn a rd , A . P ., 1 8 6 5 re p o rt to trustees of

C o lu m b ia

C o lle g e ,

12 3 -2 4 ,

16 3 n . B a y a rd , J am es,

Brief Exfosition of the Constitution 14 8

B la ck sto n e , W illia m , 8 4 -8 5 , 8 9 , 1 5 6 ,

Commentariesy 8 5 , 88 n ., 124 f., 131, 134 iB lu n ts c h li, J o h a n n K», Theory of the Statey 1 9 3 , 2 4 5 B o w e n , F ra n c is, 1 1 6 ; American Polit­ ical Economyy 1 6 1 5 Documents of the Constitutiony 1 1 6 L , 14 7 5 Princifles of Political Economy, 228;

1 2 5 f ., 1 6 1 B row n in gs,

U n iv e r s ity , c u r ric u lu m o ffe r ­ 15 -16 ,

6 Ô -6 1 ,

63,

1 19 -2 1,

19 2 -9 3 3 re visio n o f 1 8 5 0 , I I 9 -2 0 B r y c e , Jam es, 2 3 2 , 2 4 8 -4 9 5

Commonwealthy 1 7 8 2 4 9 - 5 0 , 2 5 2 ty 2 5 6

American

n ., 2 1 3 , 2 1 7 ,

Constitution, 2 0 1 , 203 n ., 2 3 7 - 3 8 A n g e l í , Jam es R ., 2 0 5 , 2 0 7 f.

B u rgess, J o h n W . , 2625 professor at

A n tiq u itie s , classic, 9 8 - 9 9 , 1 2 6 , 1 6 4 ,

A m h e rs t C o lle g e , 1 7 9 , 1 9 7 ff. 3 at

176

C o lu m b ia C o lle g e , 17 8 -8 2 3 o rg a n ­

A r is to tle , 1 9 , 2 1 , 2 9 , 8 2 , 1 7 6 A s h le y , R o sco e L e w is ,

American Fed­

eral Statey 2 5 3 A th e r to n , G e o r g e W . , 202

iz e d C o lu m b ia S ch o o l o f P o litic a l S c ie n c e ,

179 L 3

stu d ied

scien ces

a b ro ad ,

17 9 -8 0 ,

p o litic a l 19 8 n. 3

Political Science and Comfarative

B u rge ss, J o h n W ., ( con tin u ed )

C o lle g e o f R h o d e Is la n d , see B r o w n

’ C onstitutional La w , 2 0 0 , 2 0 9 , 2 1 4 , 2 4 1, 2 4 4 -4 5 , 256 B u rla m a q u i, J . J ., P rinciples o f N a tu ­ ral and P o litic L a w ,

14,

27,

30,

U n iv e r s it y C o lle g e o f W illia m

an d

M a ry,

see

W illia m an d M a r y , C o lle g e o f C o lle g e p re sid en ts, in stru ctors in p h i­ lo so p h y , 5, 9 , 1 7 , 3 0 , 3 9 , 6 3 ; in ­

5 6 f., 6 1 , 6 3 , 7 4 - 7 5 , 82 B u r r, A a ro n , 10

terest in p u b lic a ffairs, 63 C o lo n ia l c o lle g e s an d c u r r ic u la , see n am es o f in d iv id u a l c o lle g e s

C a b e ll, Jos. C . , 4 6 , 4 7 n ., 4 8 , 4 9 n .,

C o lo n ia l p e r io d : 1 6 3 6 —1 7 7 0 , 1 - 4 0

7 4 n ., 7 6 n ., 7 7 , 88, 9 4 n ., 12 8 C a ld e r w o o d , H e n r y , H a n db oo k of

C o lu m b ia C o lle g e , see C o lu m b ia U n i ­

M o ra l Philosophy y 1 9 6 n ., 2 0 2 n .,

203 n ., 2 23 n .

H.

S cien ce ,

C .,

P rinciples

12 6 ,

13 i n . ,

of

Social

226 n.

C a r v e r , T h o m a s N ix o n , 208

an d

com m encem ent

exer­

cises C o n s titu tio n , A m e r ic a n , in stru c tio n in ,

p o litic a l C i v i l la w , see L a w

1 4 5 - 4 8 , 1 5 1, 1 7 1 , 2 3 5 - 4 0 ; lis te d

C i v i l p o lic y , see C i v i l p o lit y

as c u r ric u lu m o ffe r in g b y in d iv id ­

C i v i l p o lit y , lis te d as c u r ric u lu m o ffe r ­ in d iv id u a l

c o lle g e s ,

54,

5 7 f ., 62 f ., 1 1 3, 1 2 4 f ., 2 1 0 . See also P o litic s C la p , T h o m a s, 8 - 9 ; e v e n in g le c tu re s o n g o v e rn m e n t, 9, 17 5 Essay on the N a tu re and Foundation of M o r a l Virtue and O bligation y 2 3 , 53 f.

C la r k p ro fesso rsh ip o f m o ra l p h ilo s ­ o p h y an d m e ta p h y sics ( Y a l e ) , 1 1 4 in stru ctio n

C o m m e n c e m e n t e xercises, see D is p u ­ tation s

u lu m o ffe rin g s , 2 1 4 - 1 6

C la ssics,

o f P o litic a l S c ie n c e , 1 7 2 , 1 7 9 - 8 2 in g to n U n iv e r s ity

C i v i l h isto ry , see H is to r y , c iv il an d

by

2 4 , 1 7 8 - 8 2 ; e x p e r im e n t in u n iv e r ­ sity e d u c a tio n , 1 2 1 - 2 2 , 1 2 4 ; S c h o o l C o lu m b ia n C o lle g e , see G e o r g e W a s h ­

C h ic a g o , U n iv e r s ity o f, 1 7 2 ; c u r r ic ­

in g

o f­

fe r in g s , 1 0 - 1 2 , 1 7 , 5 0 - 5 2 , 6 2 , 1 2 1 -

C a lifo r n ia , U n iv e r s ity o f, c u r ric u lu m o ffe rin g s , 2 1 8 - 1 9 C arey,

v e rs ity C o lu m b ia U n iv e r s ity , c u r r ic u lu m

in ,

14 ,

2 9 -3 0 ,

60, 63, 9 7 -9 9 , 16 4 , 230 , 2 3 3 ; n o lo n g e r a sou rce o f p o litic a l k n o w le d g e , 2 3 0 , 2 3 3 . See also A n ­ tiq u itie s, classic C o lle g e o f N e w J e r se y , see P r in c e to n U n iv e r s ity C o lle g e o f P h ila d e lp h ia , see P e n n s y l­ va n ia , U n iv e r s ity o f

u a l c o lle g e s , 5 5 , 9 1 , 1 15 f ., 1 18 f f ., 1 2 5 f ., 18 5,

13 3 L ,

18 8 ,

tex tb o o k s,

15 7,

19 3 ,

1 7 3 ff.,

2 0 1,

14 5 -4 8 ,

177,

205,

2 13 ;

2 3 5 -3 9 ;

w an­

in g in te re st in , 2 4 0 . S ee also, T h e F e d era list ; H is to r y , c o n s titu tio n a l; L a w , c o n stitu tio n a l C o n s titu tio n a l

h is to ry ,

see

H is to r y ,

c o n stitu tio n a l C o n s titu tio n a l la w , see L a w , c o n sti­ tu tio n a l C o o le y , T h o m a s M . , 1 9 4 n ., 2 0 7 n ., 2 3 8 ; P rin ciples of Constitution al

LazUy

1 9 6 n .,

2 0 2 f .,

2 19 ,

239;

Treatise on Constitutional L im ita ­ tions y 2 0 4 n ., 228

C o o lid g e , C a lv in , 1 9 9 C o o p e r , M y le s , 1 1 C o o p e r , T h o m a s , 63 ; Lectures on the

Elements of Political Economy, 9 6 -9 7

D w ig h t , T i m o t h y , 5 4 - 5 5 , 6 3 ; d isp u ­ tatio n s u n d e r, 5 5 , 1 0 4 - 1 05

C o r n e l l U n iv e r s it y , c u r r ic u lu m o f fe r ­ in g s ,

18 9 -9 2 ;

Sch ool

of

S c ie n c e ,

P r e s id e n t

H is to r y

19 1;

and

W h ite P o litic a l

S ch o o l o f P o lit ic a l

d e fin e d ,

9 4 n .,

C r a n e , W . W . , and M o se s, B e rn a r d ,

1 6 3 n .,

1 6 7 , 2 2 6 f ., 2 3 3 ; phase o f m oral p h ilo s o p h y , 18 f ., 2 5 .

S c ie n c e , 1 9 0 - 9 1

Politics,

E c o n o m ic s,

See also

Po­

lit ic a l e co n o m y E lio t , C h a r le s W . , 1 7 2 , 2 5 9

18 7 , 246

Constitutional His­ tory of the United States, 2 3 9 ; History of the . . . Constitution,

C u r tis , G e o r g e T . ,

1 19 , 239

E m e r g e n c e o f h isto ry as a separate d is­ c ip lin e , 1 6 6 ; o f p o litic a l e c o n o m y , 1 6 0 , 1 6 3 , 1 6 7 ; o f p o litic a l scien ce , 16 8 -2 6 6 E s c h e n b u rg , J . J .,

Classical Antiqui­

ties,

D a g g , J . L .,

Science,

The Elements of Moral

1 2 7 0 ., 15 4 -5 5

D a r tm o u th C o lle g e , c u r r ic u lu m o f fe r ­ in g s, 1 6 , 6 1 , 6 3 , 1 1 7 , 202 D a v is , G e o r g e B ., Elements national Law, 2 5 4

of Inter­

1 6 - 1 7 , 9 6 n ., 266 E th ic s , d e fin e d ,

14 1-4 2 ,

16 1,

16 3 ,

1 8 - 1 9 , 6 4 ; in stru c­

tio n in , 1 8 - 2 8 , 3 0 , 4 3 , 6 4 , 1 5 6 ; lis te d as c u r ric u lu m o ffe r in g b y in ­ d iv id u a l c o lle g e s , 3 f f ., I I f f ., 1 7 ,

D a v is , J o h n A . G . , 1 3 1 D e T o c q u e v i lle , A le x is , 13 9 5

racy in America,

164 E th ic a l a pp ro ach to su b jects o f stu d y ,

Democ­

1 3 1 n ., 2 1 3 , 2 4 8 -

4 5 , 5 0 , 52 ff«, 59> 6 2 , 1 2 8 , 1 3 0 , 2 0 0 ; stress on in d iv id u a l re la tio n ­ ships a fte r 1 8 2 5 , 1 5 6 ,

49

Di­ gest, 1 6 5 n .; Lectures on the Re­ strictive System, 1 6 2 , 2 0 4 n .

D e w , T h o m a s R ., 1 3 3 f f ., 1 6 5 ;

16 7, 222,

233;

See

tex tb o o ks, 2 0 -2 6 , 3 0 , 4 3 , also M o r a l p h ilo s o p h y ; N a tu r a l

la w

D ic k in s o n , J o n a th a n , 10 D is p u ta tio n s a n d c o m m e n c e m e n t e x ­ ercises, 3 1 - 4 0 , 1 0 1 - 1 0 ; d e fin e d , 3 1 n . ; im p o rta n c e as a ca d e m ic e x ­

F a ir c h ild , Jam es H . , 2 0 8 ; 222 n. F a ir lie , J o h n A ., 2 5 1

ercises, 3 9 ; re la tio n to in stru ctio n

F a u q u ie r , F ra n c is, 7

in

Federalist,

p o litic s ,

n o ;

3 1,

3 9 -4 0 ,

status b y 1 8 2 5 ,

43,

110 ;

IO I, topics

d is p u te d at in d iv id u a l c o lle g e s , 3 1 -

W illia m

A .,

i 1 6 f ., 1 2 7 , 1 2 9 f f ., 1 3 5 , 1 4 5 ,

14 7

Ly 1 7 8

n ., 2 0 1 f ., 2 0 4 n ., 2 1 7 ,

F erguson , A d am , 119 ,

12 4 E ,

1 2 9 n ., 1 3 2 D u n n in g , W i lli a m A ., 1 8 1 n ., 2 6 4 D u n s te r , H e n r y , 3 f ., 2 1 , 98 n . D w i g h t , T h e o d o r e W . , 1 2 4 - 2 5 , 14 0 , 1 7 8 n ., 1 7 9 , 19 0 n.

4 9 n ., 5 7 , 6 1 , 6 3 , 7 2 , S i -

82, 241

38, 55, IO I-I0 9 D r a p e r , A n d r e w S., 2 1 4 D u er,

Moral Phi­

losophy,

Origin of Civil So­

ciety,

1 3 1 n ., 1 4 4 - 4 5 F isk e , J o h n , Civil Government, 1 9 6 , 252 F la n d e rs ,

H en ry,

Constitution,

Exposition of the

237 F o lw e ll, W illia m W . , 1 7 2 , 2 l 2 f .

F r e lin g h u y s e n , T h e o d o r e , 1 2 6

zation,

F r e u n d , E rn st, 2 1 5 f.

Origin of Rep­ resentative Government, 1 1 6 , 1 4 5

F r is b ie , L e v i, 58

G a lla u d e t,

E d w ard

M .,

International Law,

Manual of

18 4,

1 9 6 n .,

ric u lu m o ffe rin g s , 1 2 6 - 2 7 , 1 9 6 - 9 7 h ig h e r

173 ,

H a l l , L y m a n B ., 208

International Law,

H a lle c k , W . W . ,

in g s, 1 2 4 - 2 5

G a tch , T h o m as M ., 2 1 7 G e o r g e W a s h in g to n U n iv e r s it y , c u r­

A m e ric a n

16 6 ,

H a m ilt o n C o lle g e , c u r r ic u lu m o f fe r ­

G a r n e r , Jam es W . , 2 1 4

u n iv e rsitie s,

1 3 1 n .,

203 n .;

1 5 0 ,2 5 4

19 7, 254 G a r f ie ld , Jam es, 1 7 3 , 2 3 0 , 2 3 5

G erm an

12 7,

2 0 2 n .,

in flu en ce

e d u c a tio n ,

on 171-

7 2, W 5 , 2 2 9 b G ild e rs le e v e , B asil L ., 2 30

H a rt,

A lb e r t

2 28 n .,

ment,

B u s h n e ll,

251 n .;

173 ,

175,

Actual Govern­

253

see

H a r v a r d C o lle g e ,

H a rv ard

U n i­

v e rs ity H a r v a r d U n iv e r s ity , c u r r ic u lu m o f fe r ­ in gs, 3 -6 , 1 7 , 5 5 - 5 9 , 6 3 , I I 5 - I 7 ,

Inquiry Concern­ ing Political Justice, 4 7

G o d w in , W il l i a m ,

173-76 H a v e n , J o se p h ,

G o o d n o w , F ra n k , i 8 o n . , 2 1 4 , 2 4 8 ,

ophy,

2 5 1 , 2 6 2 ; Comparative Adminis­ trative Law, 2 5 1 , 2 5 3 , 2 5 6 ; Mu­ nicipal Home Rule, 2 5 1 ; Politics and Administrationy 2 5 1 - 5 2

H ic k o k ,

G o v e r n m e n t, lis te d as c u r ric u lu m o f ­

19 7;

n 8 n ., L auren s,

Science,

Moral Philos­

154 L

118 ,

System of Moral 155,

19 7,

20 0 f .,

2 2 4 -2 5 H ic k s , F r e d e r ic k , 2 0 9 f. H ig h e r e d u c a tio n , b ro a d e n e d

p ro ­

fe r in g b y in d iv id u a l c o lle g e s b e fo re

g ra m a fte r 1 8 6 5 , 1 7 1 - 7 2 ; fo u n d e d

18 6 5,

, 13 f f ., 1 7 , 4 3 , 4 6 , 4 9 f .,

on B r itis h m o d e ls, 3, 6 , 1 6 ; g r a d ­

5 9 , 6 2 , 1 3 2 f f ., 1 5 7 , 1 7 1 ; a fte r ■ 1865, C h a p te r X I , passim; t e x t ­

uate sch ools, 2 5 5 , 2 5 9 - 6 0 , 2 6 3 ; g r o w th in M id d le W e s t, 1 3 7 , 2 0 4 -

books a v a ila b le a fte r 1 8 6 5 , 2 4 7 - 5 4 . See also A d m in is tr a tio n ; P o litic s

205;

i i

in cre ase d

19 0 0 , 2 5 8 -5 9 ;

e n ro lm e n ts

a fte r

in flu e n c e o f G e r ­

G r e e n , A s h b e l, 60

m an u n iv e rsitie s, 1 7 1 - 7 2 ; s im ila r­

G re g o ry , John M ., 2 1 4

it y o f c u r r ic u la , 7 f ., 10 n ., 1 6 - 1 7 ,

Considerations upon the Nature and Tendency of Free Institutions, 1 3 1 n ., 1 4 4

G r im k é ,

G r i n n e ll

F r e d e r ic k ,

C o l l e g e , c u r r ic u lu m

o f fe r ­

in g s, 2 1 6

1 1 7 , 205.

See also

n am es o f

H is to r y , c iv il a n d p o lit ic a l,

14 ,

17,

2 8 , 4 5 , 1 6 5 f f . ; classical, 10 0 , 1 6 5 ,

D . , 50 f ., 62; Natural Principles of Rectitude, 5I-52, 6567, 73 n. G r o tiu s , H u g o , Of the Rights of War and Peacey 1 1 f ., 1 4 f ., 26 f f ., 3 0 , G ro s, Joh n

82 G u iz o t, F . P . G .,

62,

in d iv id u a l c o lle g e s an d u n iv e rsitie s H i l l , W a lt e r H . , Ethics, 2 2 3 n.

2 3 0 f . ; c o n stitu tio n a l, 1 2 5 , 1 3 3 f ., 1 4 8 , 1 5 1 f ., 1 6 5 , 1 6 7 , 1 7 1 , 2 3 1 , 2 3 3 f ., 2 3 1, u lu m

240; o ffe r in g s

C h a p te r X I ,

History of Civili­

in s titu tio n a l,

16 6 ,

2 3 3 , 2 4 0 , 2 4 7 . F o r c u r r ic ­ a fte r

18 6 5,

see

passim.

H is to r y , in stru c tio n in , 2 8 - 2 9 ,

io o ,

16 5 -6 6 ,

16 7,

2 3 1-3 2 ,

2 3 3 -3 4 ;

L ie b e r ’ s d e fin itio n , 1 4 0 - 4 1 ; lis te d

o r g a n iz e d c u r ric u lu m o f U n iv e r s ity o f V ir g in ia , 1 2 7 - 3 0 , 1 3 2 - 3 3

as c u r r ic u lu m o ffe r in g s b y in d iv id ­

J en k s, E d w a r d , 1 9 2 n ., 2 6 2 ; H istory

u a l c o lle g e s b e fo re 1 8 6 5 , I I , 13 f ., i 7 > 4 3 ) 4 5 > SO, 5 2 f f ., 5 9 f-, 6 2 , 8 7 , 1 1 9 f f ., 12 5 f f ., 1 3 1 , 13 3 f f ., 1 3 7 ; a fte r 1 8 6 5 , C h a p te r X I , passim; sig n ific a n c e fo r p o litic a l sc ie n c e , i o o , 1 6 6 f ., 2 3 1 £., 2 3 3 3 4 ; te n d e n c y to g ro u p p o litic a l courses w ith , 1 7 5 , 1 9 0 f ., 1 9 3 , 1 9 7 ,

of Politics , 2 4 7

Jesse, R . H *, 20 9 J o h n s H o p k in s U n iv e r s ity , 1 7 2 ; c u r­ ric u lu m o ffe r in g s , 1 9 4 - 9 6 J o h n so n , C h a p m a n , 4 8 , 7 7 J o h n so n , S a m u e l, 8, 1 0 - 1 1 ; E lem en ta P h ilo so p h i:a, 1 1 , 1 8 - 1 9 , 2 3 - 2 4 J o h n sto n , A le x a n d e r , 1 8 3 ; H istory of A m erican P olitics , 1 8 4 , 1 8 6 , 2 4 9

2 2 2 , 2 3 2 f f ., 2 5 8 H o lc o m b e , Jam es P ., 1 3 2

J o u ffr o y ,

H o l l i s g ifts to H a r v a r d C o lle g e , 5 -6

15 6 J u d so n , H a r r y P r a tt, 2 1 5 f. J u ris p ru d e n c e , see L a w

H o p k in s , M a r k , Lectures on M o ra l S cien ce , 1 2 6 , 1 5 5 H u tc h e s o n , F ra n c is, Shot't In tro d u c­ tion to M o ra l Philosophy, 1 2 , 1 4 f .,

T h eod ore

S im o n ,

1 3 1 n .,

K e n n e tt, B a sil, A ntiq uities of R o m e,

2 4 - 2 6 , 2 7 , 3 0 , 4 4 , 6 0 , 63 ff.

9 8 -9 9 K e n t , J am es, 5 1 n ., 8 9 - 9 1 , 1 5 9 ; le c ­ I llin o is , U n iv e r s it y o f, c u r r ic u lu m o f ­ fe r in g s , 2 1 3 - 1 4 I n d e p e n d e n c e a n d fe d e ra tio n , p e r io d o f: 1 7 7 0 - 1 8 2 5 , 4 1 - n o In te r n a tio n a l la w , d e v e lo p m e n t as sep­ arate s u b je c t o f s tu d y a fte r 1 8 2 5 , 14 9 ,

1 5 1,

tu re (1794) at C o lu m b ia C o lle g e , 8 9 -9 1; Com m entaries y H 4 f f . , 12 4 L ,

13 5,

14 8 f .,

1 5 0 n .,

1 5 1,

*59 K i n g ’ s C o lle g e , see C o lu m b ia U n iv e r ­ sity

1 7 1 , 2 2 9 , 2 3 3 ; lis te d

as c u r r ic u lu m o ffe r in g b y in d iv id u a l c o lle g e s b e fo re 1 8 6 5 , 1 2 , 1 4 , 2 7 ,

L a n k tre e , J o h n , Rom aft A ntiquities,

4 4 f ., 5 2 , 6 2 f ., 1 1 5 , 1 2 1 , 1 2 3 f f ., 1 3 2 f f ., 1 5 7 ; a fte r 1 8 6 5 , C h a p te r

16 4 L a th r o p , J o h n H . , 1 2 4

X I , passim; tex tb o o k s, 2 6 -2 8 , 7 4 -

L a w , c iv ic c o n te n t o f courses, 8 8 -8 9 , 9 2 -9 3 ,

7 6 , 1 4 9 - 5 1 , 2 5 4 -5 5 Io w a , S ta te U n iv e r s it y o f, c u r ric u lu m o ffe r in g s , 2 1 1 - 1 2

13 2 ,

15 6 -6 0 ;

in stru ctio n

in , 8 3 - 9 3 , T I 3> 1 5 6 - 6 0 , 2 2 8 - 2 9 ; lis te d as c u r r ic u lu m o ffe r in g b y in d iv id u a l c o lle g e s b e fo re 1 8 6 5 ,

Jam e s, E d m u n d J ., 1 8 7 f f ., 2 1 6 , 2 4 8 ,

i i , 13 f., 1 7 , 4 3 f f o 4 9 ) 55 U 59) 6 1 , 6 3 , 8 5 - 9 2 , 1 1 9 , 12 3 ff., 1 2 7 f .,

251 J am eso n , J . F r a n k lin , 1 9 2 n ., 1 9 3

1 3 1 f f ., 1 5 7 f f . ; a fte r 1 8 6 5 , C h a p ­ te r X I , passim; n ee d fo r courses,

J e ffe r so n , T h o m a s , 7 , 4 8 , 4 9 n ., 7 6 ,

229;

7 9 , 8 1 n ., 8 2 m , 8 7 , 9 4 m , in flu e n c e d c u r r ic u lu m and

M ary

159 ;

o f W illia m

C o lle g e , 4 4 ,

62,

87;

p ro fe s s io n a lize d ,

13 3 ,

16 0 ,

1 6 7 , 2 2 8 -2 9 , 2 3 3 L a w , c o n stitu tio n a l, 1 4 8 , 1 5 1 f ., 2 2 2 , 2 2 8 f ., 2 4 0 , 2 5 6 ; lis te d as c u r ric -

M a d is o n ,

L a w , c o n stitu tio n a l ( con tin u ed ) u lu m

o ffe r in g b y

leg es

b e fo re

in d iv id u a l

18 6 5,

1 2 1,

c o l­

1 2 4 ff.,

1 3 2 , 1 3 5 f., 1 5 7 5 a fte r 1 8 6 5 , C h a p te r X I , passim* See also C o n ­ s titu tio n ;

H is to r y ,

c o n s titu tio n a l;

Law 'L a w , in te rn a tio n a l, see In te r n a tio n a l

B ish o p J am es,

4 5 f f .,

63,

77> 8 7 , 9 4 , 1 3 6 M a d is o n , Jam es, 8 1 n ., 8 2 , 1 2 8 - 2 9 M a n n in g , J am es, 1 5 , 60 M a n s fie ld , E d w a r d D . , P olitica l M a n ­ ual , 2 3 7

M a th e r , C o tto n , 20 n ., 2 1 n. M a y n a r d p ro fesso rsh ip o f la w , h is to ry ,

la w L a w , R o m a n , lis te d as c u r ric u lu m o f ­

c iv il p o lit y , a n d p o litic a l e c o n o m y

fe r in g b y in d iv id u a l c o lle g e s , C h a p ­

M ic h ig a n , U n iv e r s it y o f, c u r r ic u lu m

te r X I , passim ; 2 2 9 , 23 3

( H a m ilt o n ) ,

12 4

o ffe r in g s , 1 3 7 , 2 0 5 - 2 0 8 ; S c h o o l o f

L a w o f n atio n s, see In te r n a tio n a l la w

P o litic a l S c ie n c e , 2 0 6 -2 0 7

L a w o f n atu re, see N a tu ra l la w

M i d d l e p e r io d : 1 8 2 5 —6 5 , 1 1 1 - 6 7

L a w r e n c e , T . J ., P rin ciples o f In te r­

M i l l , J o h n S tu a rt, P rin ciples o f P o ­ litica l E co n o m y , 13 i n . , 2 2 7 n .;

national L a w , 2 0 0 , 2 5 4 f.

L ie b e r , F ra n cis, co n trib u tio n s to p o ­ lit ic a l

p h ilo s o p h y ,

13 8 -4 4 ,

151 ;

p rofessor at C o lu m b ia C o lle g e , 1 2 2 23,

13 9 -4 0 ,

178 ;

at S o u th C a r ­

R epresentative

G overn m en ty 2 4 6 -

47 M illo t,

A b b é , E lem en ts o f A n c ie n t

H istory , 10 0

o lin a C o lle g e , 1 3 6 - 3 7 , 1 3 8 ; C iv il 115, 117, 12 3 , 13 9 ,

M in n e s o ta , U n iv e r s ity o f, c u r r ic u lu m

14 3 f ., 1 7 7 ; P olitica l E th ic s, 1 3 5 ,

M in o r , J o h n B ., 1 3 1 n ., 1 3 2

1 3 9 f ., 1 4 2 - 4 3 , 2 0 0 , 203 n ., 2 4 1

M ir a n ia n p la n o f c o lle g e in str u c tio n , 12 -14

Liberty ,

L o c k e , J o h n , T w o Treatises C o n cern ­ in g G o vern m en t , 1 4 n ., 1 5 , 2 7 ,

o ffe rin g s , 2 1 2 - 1 3

M is s o u ri,

U n iv e r s ity

o f,

c u r r ic u lu m

L o e b , Isid o r, 2 0 9 - 1 0

o ffe rin g s , 2 0 9 -1 0 M o n r o e , Jam es, 208

L o w e ll, A . L aw re n ce , 1 7 6 , 2 4 8 ; G o v­

M o n te s q u ie u , B a ro n d e , T h e Spirit of

4 7 £., 7 8 - 7 9 , 8 2 , 1 2 9 {., 13 3 f.

ernm ents and Parties in C o n tin en ta l

Laws , 4 6 , 4 9 , 5 4 , 73 n ., 7 6 - 7 7 , 82

M o ral

E u ro pe , 2 0 0 , 2 5 3 , 2 5 6

p h ilo s o p h y ,

d e fin e d ,

18 -2 0 ,

6 4 , 7 3 ; in stru c tio n in , 1 8 - 2 8 , 3 0 , 4 3 , 6 4 -8 2 , 1 13 , 1 5 2 - 5 6 , 2 2 2 -2 5 ; M c C o r m ic k p ro fesso rsh ip o f ju r is p r u ­ d e n c e and p o litic s ( P r in c e t o n ) , 18 5 . M ’ C u llo c h , J . R ., O u tlin es o f P o lit­ ical E co n om y , 9 5 - 9 6 , 1 1 6 , 1 3 4 fr.

lis te d as c u r ric u lu m o f fe r in g b y in ­ d iv id u a l

c o lle g e s ,

10 f .,

13 ,

17,

4 4 ff., 4 9 f f ., 5 7 f f ., 1 1 4 , 1 1 9 - 2 0 , 12 1,

12 5 f f .,

13 0 ,

13 3 f f . ;

no

M c G u f f e y , W i l l i a m , 13 1 n ., 1 4 4 , 2 0 4

lo n g e r a source o f p o litic a l k n o w l­

M c M a s te r , J o h n B ., 1 8 7 , 18 8 n.

e d g e , 1 5 5 f ., 1 6 7 , 2 2 2 , 2 3 3 ; t e x t ­

M c V ic k a r , J o h n , 5 2 , 1 2 2 n ., 1 2 4 , 16 3

books, 2 0 -2 6 , 6 4 -8 2 , 1 5 2 - 5 6 , 2 2 2 -

62,

9 5 -9 6 ,

M a c v a n e , S. M . , 1 7 4 fr. M a c y , Jesse, 2 1 6 ; E n g lish C o nstitu ­

25 M o r e , H e n r y , E n c h ir id io n E th ic u m , 4 , 2 1-2 2

tion^ 2 5 3 ; O u r G o v e rn m en t , 2 5 2 -

M o rs e , A n so n D . , 1 9 9

53

M u lf o r d , E lis h a , N a tio n , 1 8 7 , 2 4 6

M u n ic ip a l g o v e r n m e n t, lis te d as c u r­ r ic u lu m o ffe r in g b y in d iv id u a l c o l­ le g e s a fte r 1 8 6 5 , 1 8 7 n ., 1 9 2 , 1 9 4 , 2 0 7 , 2 1 1 f ., 2 1 4 , 2 i 6 n . , 2 1 7 , 2 1 9 f. S ee also A d m in is tr a tio n ; G o v e r n m e n t ; P o litic s

62, 12 5 -2 6 , 18 5 -8 9 ; S c h o o l, 1 8 6 -8 9

W h a r to n

P e r r y , A r t h u r L . , E lem en ts o f P o lit­ ical

E co n om y ,

2 0 1 n .,

2 0 4 n .,

2 2 6 n, P h ila d e lp h ia , C o lle g e o f, see P e n n s y l­ v a n ia , U n iv e r s it y o f P h ilo s o p h y , d e fin e d , 1 8 ; in c o lo n ia l c u r r ic u la , 3, 5 f f ., 5 9 ; in S m ith ’ s

N a tu r a l la w , 1 9 - 2 0 , 8 3 , 1 4 2 ; lis te d as c u r r ic u lu m

o ffe r in g b y in d iv id u a l

c o lle g e s , 13 f ., 1 7 , 4 4 f f ., 49> 5*> 5 5 f ., 6 1 f f ., 9 1 , 1 1 3 , 1 2 3 , 1 2 5 , 1 2 7 , 1 3 3 f ., 1 5 7 ; tex tb o o k s, 2 0 -2 6 ,

M ir a n ia n p la n , 1 2 ; o f h isto ry , 1 6 6 , 1 8 3 , 2 3 1 - 3 2 . See also M o r a l p h i­ lo s o p h y P ie rso n , A b ra h a m , 8 P o litic a l

econ om y,

d e fin e d ,

9 3 -9 4 ,

7 4 -7 6 * See also In te r n a tio n a l la w ; M o r a l p h ilo s o p h y N e to E n g la n d 's First Fruits, 3 '

e m e rg e n c e as a separate d is c ip lin e , 1 6 0 , 1 6 3 , 1 6 7 ; e th ic a l a pp ro ach to

N e w J e r se y , C o lle g e o f, see P r in c e to n

in stru c tio n , 9 6 n ., 1 6 1 , 1 6 3 ; id e n ­

U n iv e r s it y

14 1,

16 0 -6 1,

16 3 ,

2 2 6 n .,

227;

tit y w ith p o litic a l scien ce s u b je c t

N e w m a n , S a m u e l P h ilip , E lem en ts of P o litica l E co n o m y , 1 6 2

m a tte r,

9 3 -9 4 ,

97,

i6 o f.,

16 3 ,

2 2 6 - 2 7 , 2 3 3 ; in stru ctio n in , 9 3 - 9 7 , 1 1 3 , 1 6 0 - 6 3 , 2 2 6 - 2 7 ; lis te d as c u r r ic u lu m o ffe r in g b y in d iv id u a l co lle g e s b e fo re 1 8 6 5 , 4 9 , 5 2 , 5 5 ,

O b e r lin

C o lle g e ,

c u r r ic u lu m

o ffe r ­

in g s, 2 0 8 -2 0 9

5 7 , 6 2 , 9 4 - 9 7 , 1 1 6 , 1 1 9 ff-, 1 2 3 f ., 1 2 6 f ., 1 3 0 , 1 3 3 f f ., 1 6 1 f f . ; a fte r 1 8 6 5 , C h a p te r X I , passim ; te n d ­ e n c y to g ro u p p o litic a l courses w ith , 2 2 2 , 2 3 3 , 258

P a in e , T h o m a s , R ig hts of M a n an d Dissertation,

47 f«, 79-80, 82

P a le y , W i l l i a m , P rinciples o f M o ra l

44, 49, 54 f., 57, 60 f., 63, 67-69, 73 n., 1 14 117 f-> H 9 n > 126, 133 f.,

and P olitica l P h ilosophy,

P o litic a l h is to ry , see H is t o r y ; H is to r y , c iv il and p o litic a l P o litic a l la w , see L a w P o litic a l p h ilo s o p h y , basis o f p o litic a l studies b e fo re

18 6 5 , 30, 43 , 62,

8 2 , 1 1 3 ; lis te d as c u r ric u lu m o f­

15 2 , 155 P a r k e r , Isaac, 9 1 - 9 2

fe r in g b y in d iv id u a l co lle g e s b e fo re

P a rk e r p ro fesso rsh ip o f la w an d p o lit ­

1 5 1 f .,

ic a l s cie n ce

18 6 5, 1 14 -1 5 , 1 1 7 f

( D a r tm o u th ) , 2 0 2

P a rk in so n , J o h n B ., 2 1 0 n ., 2 1 1 P a sch a l, G e o r g e W , , C o n stitu tio n , 2 3 8

171;

1 23, 1 2 6 f .,

a fte r 1 8 6 5 , C h a p te r

X I , passim; textb ooks, 7 6 - 8 2 , 1 4 2 -

4.5, 240-47 P o lit ic a l scien ce , co n trib u tio n s

fro m

P e a b o d y , A n d r e w P resto n , M o r a l P h ilosophy , 2 2 3 n .

re la te d

P e n n s y lv a n ia ,

fe r in g s , 3 - 1 7 , 4 3 - 6 3 , 1 1 3 - 3 7 . I 7 1 * 2 2 1 ; d e v e lo p m e n t sin ce 19 0 0 , 2 2 2 ,

U n iv e r s it y

u lu m o ffe r in g s , 1 2 - 1 5 ,

o f,

c u r r ic ­

17 > 4 3 “ 44>

15 2 -6 7 ,

stu d ies, 2 2 2 -3 4 ;

18 -3 0 ,

6 4 -10 0 ,

c u r ric u lu m

o f-

P o litic a l scien ce 234,

( con tin u ed )

2 5 7-6 6 j

em ergen ce

in d e p e n d e n t d is c ip lin e , in

d isp u tatio n s

m ent

and

exercises,

as

an

Q u e e n ’ s C o lle g e , see R u tg e r s U n iv e r ­ sity

17 1-2 6 6 5 com m ence­ io i- io ;

R a m sa y , D a v id , H istory o f the U n ite d

textb o o k s, 7 4 - 8 2 , 1 3 8 - 5 1 , 2 3 5 - 5 6 P o lit ic a l th e o r y , see P o lit ic a l p h i­

3 1-4 0 ,

R a m sa y , W illia m , R om an A n tiq u ities,

lo so p h y P o litic s ,

States , 1 0 0 n .

16 4

d e fin e d ,

2 3 3 -3 4 5

18 n .,

lis te d

15 6 ,

228,

as c u r ric u lu m

o f­

R a w le , W illia m , V iew o f th e C o n sti­ tution, 1 1 6 , 1 1 9 m ,

1 4 6 , 14 8

fe r in g b y in d iv id u a l c o lle g e s a fte r

R e in s c h , P a u l S ., 2 1 1 , 2 6 2

1 8 6 5 , C h a p te r X I , passim 5 phase

R h o d e Is la n d , C o lle g e o f, see B r o w n U n iv e r s it y

o f m o ra l p h ilo s o p h y , 3 f ., 1 0 , 1 7 , 1 8 - 1 9 , 4 3 , 4 5 , 5 9 f ., 6 2 f ., 1 1 3 5 re la tio n sh ip to h is to ry , 2 3 3 -3 4 5 to la w , 88, 9 2 - 9 3 , 1 2 8 , 1 3 2 , 15 8 f.,

R o b in so n ,

16 7,

Ross, E d w a r d A ., 2 2 0

228 5 to p o lit ic a l e c o n o m y , 93-94, 9 7 , 1 6 0 - 6 1 , 16 3 5 system atic s tu d y o f, 1 3 8 , 1 7 1 , 1 7 3 , 2 3 3 , 2 5 6 , 2655

textb o o ks

a v a ila b le

a fte r

1 8 6 5 , 2 4 7 - 5 3 . S ee also C o n s titu ­

E z e k ie l

G ilm a n ,

192;

Principles and Practices of M o r a l­ ity, 2 2 3 n .

R ou sseau , J e a n J acq u es, Social C o n ­ tract, 4 6 f f ., 7 7 - 7 8 , 8 2 , 13 3 f.

R o y a ll pro fesso rsh ip o f la w ( H a r v a r d ) , 59, 9 1-9 2 , 159

tio n 5 G o v e r n m e n t 5 M o r a l p h ilo s ­

R u g g le s , S a m u e l, 1 7 9

o p h y 5 P o litic a l e c o n o m y

R u tg e r s C o lle g e , see R u tg e r s U n i v e r ­ sity

P o iso n , A r c h e r , Principles of the Law o f N ations, 1 2 7 , 1 3 2 , 1 5 0 f ., 1 9 6 n . P o m e ro y , J o h n N o r t o n , Introduction

R u tg e rs U n iv e r s ity , c u r r ic u lu m o f fe r ­ in gs, 1 6 , 1 2 6 , 2 0 2 -2 0 3

to Constitutional L a w , 1 7 3 n ., 1 8 9 ,

20 3 n ., 2 3 8 P o r te r , N o a h , 1 1 4 , 1 7 7 5 E lem en ts of M o ra l Scien ce , 2 2 3 - 2 4

P o tte r , J o h n , A n tiq u ities o f G r e e c e ,

99 P r e s id e n t W h i t e

Sch ool

of

H is to r y

S a y , J e a n -B a p tiste. P o litica l E co n om y,

57, 114, 1 16 f., 119 m, 123, 1 24 n ., 1 27 n ., 1 3 I n ., 134 f., 140, 160-61, 162 S c o tt, A u s tin , 1 9 4 n ., 2 0 2 -2 0 3

an d P o litic a l S c ie n c e , see C o r n e ll

S co tt, Jam es B r o w n , 2 1 4

U n iv e r s ity

Sears, B arn as, 98 n ., 12 0 f.

P r in c e to n U n iv e r s ity , c u r ric u lu m o f ­ fe rin g s , 9 - 1 0 , 1 7 , 5 9 -6 0 , 6 3 , 1 8 2 -

85 P u b lic

S e e le y , S ir J o h n R o b e rt, 2 3 2 S e e ly e ,

J u liu s ,

118,

19 7 -9 8 ,

200,

2 3 3 ; re vise d H ic k o k ’s te x t, 2 2 4 a d m in istra tio n , see A d m in is ­

tra tio n

S h e p p a rd ,

P u b lic a tio n s in p o litic a l s cie n ce , 2 5 5 -

1 5 , 2 6 - 2 7 , 2 8 , 30

F urm an ,

Constitution al

T e x t-B o o k , 1 2 1 , 1 2 6 , 1 4 7 - 4 8

S lo a n e , W illia m M . , 1 8 4 f.

56 , 2 6 3-6 4 P u fe n d o r f, S a m u e l, O f the Lazo of N a tu re and N ations ,

S h a m b a u g h , B e n ja m in F ., 2 1 2

n

f f ., 1 4 n .,

S m a ll, W illia m , 7 S m ith ,

A dam ,

W ea lth

of

N ations,

46 f., 49, 94, 116, 131 n., 133 ff.

S m ith , J . A u g u s tin e , 4 8 f f . ; le c tu re s on 81

g o v e r n m e n t,

4 9 -5 0 ,

62,

80-

S m ith , J am es A l l e n , 2 1 7 5 9 f ., 63$

L ectu res . . . on . . . M o r a l and P hilosophy,

44,

70 -72 ,

13 4 h ,

1 5 7 n .,

H e n r y S t. G e o r g e ,

1 3 1 n .,

15 8 T u c k e r , S t. G e o r g e , 4 5 , 88 n ., 1 3 4 T u t o r ia l system in c o lo n ia l c o lle g e s ,

5> 8-9

73 S m ith ,

B e v e r le y ,

204 n. T u c k e r, G e o rg e , 13 0 m T u ck er,

S m ith , S a m u e l S ta n h o p e , P o litica l

T u ck er,

W illia m ,

12 -15 ,

1 8,

63;

sch e m e o f lib e r a l e d u c a tio n , 1 2 - 1 4 ,

T y l e r , L y o n G . , 6 , 1 7 , 8 7 , 203 T y t l e r , A le x a n d e r F ., Universal H is tory,

2 7 f- . S o cia l S c ie n c e R e se a rch C o u n c il, 2 6 5

55,

10 0 ,

1 14 ,

1 1 8,

134 L ,

16 5 n.

S o u th C a r o lin a C o lle g e , 9 6 , 1 2 2 , 1 3 6 -

3 7> 138 Sp arks, J a r e d , 1 6 5

U n iv e rs itie s , see sp ecific nam es, e .g .,

S p a r lin g , S a m u e l E ., 2 1 1 S ta n fo rd U n iv e r s ity , c u r r ic u lu m o f fe r ­

U n iv e r s ity o f C h ic a g o , see , C h ic a g o , U n iv e r s ity o f

in g s, 2 2 0 - 2 1 S ta u g h to n , W i lli a m , 1 2 6 S te w a r t, D u g a ld , 7 2 - 7 3 , 9 3 n ., 1 1 7 ,

V a tte l, E m m e r ic h d e , Law of N ations,

13 m . S tile s , E z r a , 8 n ., 2 8 , 53 f ., 6 3 ; c o n ­

*7> 4 6 , 49> 54> 6 1 , 6 3 , 7 5 - 7 6 , 8 2 , 1 1 8 , 1 2 4 , 1 2 7 , 1 3 1 f f ., 1 5 0 , 20 0 V e th a k e , H e n r y , 1 2 6 ; P rinciples o f

trib u tio n s to le g a l e d u c a tio n ,

85-

8 7 , 9 1 f . ; d isp u tatio n s u n d e r , I O l 10 4 S to r y , J o se p h , 1 4 3 ; C om m entaries on th e

Constitution ,

120 ,

12 4 ,

n 6 ff.,

ii9 n .,

13 7,

14 6 -4 7 ,

1 2 6 f .,

1 9 6 n ., 2 0 4 n . S u m n e r, W i l l i a m G . , 1 7 7

P o litica l E co n om y, 95 n ., 1 6 2

V in e r ia n

p rofessorsh ip

of

la w

(O x ­

fo r d ), 84, 87 V ir g in ia ,

U n iv e r s it y

o f,

c u r ric u lu m

o ffe r in g s , 1 2 7 - 3 3 , 2 0 4 ^ Von

H o ls t,

P o litica l

H .,

Constitutional and

H istory

of

the

U n ite d

States, 2 3 9

V o o rh e e s pro fesso rsh ip o f h isto ry , p o ­ T e x tb o o k s , see va rio u s s u b je c ts o f s t u d y ; B ib lio g r a p h y , S e c tio n C

lit ic a l e c o n o m y , a n d co n stitu tio n a l la w ( R u t g e r s ) , 2 0 2

T h e s e s d e fe n d e d at c o m m e n c e m e n t e x e rcise s, see D isp u ta tio n s and co m ­ m e n c e m e n t exercises T h o m p s o n , R o b e rt E llis , Social Sci­ en ce and N a tio n a l E co n om y , 1 8 5 ,

226 n. T h o r p e , F ra n c is N ., 18 8 T o o k e , C h a r le s W . , 2 1 4

W a r n e r , A m o s G . , 2 20 W a s h in g to n , H e n r y A . , 1 3 5 f. W a s h in g to n ,

U n iv e r s ity

o f,

c u r r ic ­

u lu m o ffe rin g s , 2 1 7 - 1 8 W a tso n , D a v id , 4 6 f f ., 7 4 n ., 7 6 n ., 88 n ., 9 4 n .

T o rr e y , H e n ry W ., 1 7 3 , 17 5

W a ts o n , J o se p h S ., 4 6 n ., 4 7 f.

T o w n s e n d , C a lv in , Analysis o f C i v i l G o vern m en t, 2 3 6

W a y la n d , F ra n c is, P olitica l

1 1 9 f. ; Am erican

E co n om y ,

1 1 4 f .,

118 ,

W a y la n d , F ra n cis ( co n tin u ed ) 12 7,

13 7,

m ents

of

i6 o ff., M o ra l

W ils o n , J am es, 89

1 9 6 n .;

E le -

Scien ce ,

118 ,

1 19 n ., 1 2 1 , 1 2 4 n ., 12 5 f ., 1 2 7 n ., 1 3 7 , i 5 ^ -5 3 > i 5 4 1 9 6 n ., 2 2 3 n . W e l l i n g , Jam es C . , 1 9 6 W h a r to n S ch o o l o f F in a n c e an d E c o n ­

W ils o n , 19 5,

W ood row , 240,

248,

1 8 4 f ., 260,

gressional

Governm enty

249,

The

2525

I 9 4 n .,

2625

Con­

1 9 5 n .,

Statey 2 0 0 ,

209,

2 1 4 , 2 1 7 , 2 4 1 , 2 4 2 -4 4 , 2 50 , 2 5 3 , 256

o m y , see P e n n s y lv a n ia , U n iv e r s ity o f

W is c o n s in , U n iv e r s ity o f, c u r r ic u lu m

W h e a to n , H e n r y , E lem en ts of In te r­

o ffe r in g s , 2 1 0 - 1 1 W ith e rs p o o n , J o h n , 5 9 , 6 3 ; Lectures

national Law y 1 3 6 ,

14 9 -5 0 ,

1 5 1,

on M o r a l P hilosophy y 1 9 , 4 4 , 6 9 -

254 W h e e lo c k , E le a z a r , 1 6 W h e w e ll, W il l ia m , E lem en ts M o ra lity ,

116 , 1 5 5 ,2 2 3 m

1 18 ,

1 2 5 f .,

7 0 ,7 3 m of

153,

W o lla s to n , W illia m , R e lig io n o f N a ­ ture D elineatedy 2 2 - 2 3 ,

53

W o o ls e y , T h e o d o r e D . , 1 1 4 E ,

W h it e , A n d r e w D ic k s o n , 1 3 7 , 1 6 0 n ., 1 6 4 n ., 1 6 6 , 1 8 9 f f ., 205 W illia m an d M a r y , C o lle g e o f, c u r­

1 2 7 , 1 5 1, 1 7 7 , 18 3 , 19 6 m , 200, 2 0 1 m , 2 0 2 , 2 5 4 5 P o litica l S cien ce,

ric u lu m o ffe rin g s , 6 - 7 , 1 7 , 4 4 - 5 0 ,

177,

6 2 f ., 1 3 3 - 3 6 , 2 0 3 -2 0 4 5 p artisa n ­

256

ship am o n g stu d en ts, 4 6 - 4 7 , 4 8 , 63 W illia m s C o lle g e , c u r ric u lu m

14 3 ,

1 7 7 5 International L a w y 1 1 7, 1 2 1 ,

18 3 ,

203 m ,

2 4 1-4 2 ,

244,

W y t h e , G e o r g e , 7 , 4 4 - 4 5 , 8 7 f.

o ffe r ­

in gs, 6 2 f ., 2 0 1 - 2 0 2 W illo u g h b y , 262,

2645

W.

W .,

N a tu re

1 9 5 n ., of

2 4 5, 256 W ils o n , George G r a f to n ,

th e

220, Statey

8-9, 1 7, 5 2 - 5 5 , 6 3 , 1 1 3 -1 5 , 1 7 7 -

1935 a n d

T u c k e r , George Fox, International Law y 2 55

Y a le C o lle g e , see Y a l e U n iv e r s it y Y a le U n iv e r s it y , c u r ric u lu m o ffe rin g s ,

78 Y o u n g , A n d r e w W . , C itiz e n s > M a n u a l of G o vern m en t and L a w , 2 3 6