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THE
CONSTITUTION
OP
By
the
same Author,
in
Canada.
1852.
10s.
6c?.
in its Bear-
ing dpojn
u
valuable
ment."
little
Spectator.
*/
THE
CONSTITUTION
>
popularibus auris."
Virgil.
LONDON:
JOHN MURRAY, ALBEMARLE
STREET.
1854.
[The AutJwr reserves
c*1
:;5?
CONTENTS.
Page
INTRODUCTION
ix
CHAPTER
I.
Different Principles of Government in the different Colonies while they remained under British
Rule
CHAPTER
II.
CHAPTER
The Revolutionary Government
CHAPTER
22
III.
;
the Confederation
31
IV.
The Constitution
37
CHAPTER
V.
The Preamble
49
CHAPTER
VI.
58
CONTENTS.
VI
Page
CHAPTER
VII.
The Senate
66
CHAPTER
The House
VIII.
of Represent atives
81
CHAPTER
IX.
Elections
106
CHAPTER
X.
Payment op Members
137
CHAPTER XL
The President's Negative
CHAPTER
168
XII.
CHAPTER
177
XIII.
Powers of Congress
183
CHAPTER
XIV.
The Executive
198
CHAPTER XV.
The Judiciary
248
CHAPTER
Concluding Remarks
XVI.
286
CONTENTS.
Vll
NOTES,
Page
Note I.
ment
Note
II.
political ele-
to
300
Washington,
Note
IV.
Democracy
Note V.
of the Majority
in the rest
.307
.312
and threatened
....
Note YII.
Note YIII.
On
IX.
316
....
321
Note
On
Government
XL On
Note XII.
327
Man"
as the
....
others,
on the Constitution
331
337
John
Adams, and
318
the
Note X. On
314
the power
United States
Note
303
upwards of
Note YI.
Aggression in the
The
344
CONTENTS.
Vlll
Page
Note XIII.
On
Note XIV.
Additions
349
made
States
.
357
360
.361
APPENDIX.
An Act
United States
363
368
INTRODUCTION.
The
state of
many minds to
take
for
(it is
to
and the
civilised
made
to
all
the
free go-
subject
it
it is
not
to say, that
my
found those
to
reform
is
fully
when
warnings as
salutary
all
INTRODUCTION.
The
Europe in which
time emerged
out of the struggles of the last six years, or have been
extended and fortified by them, are but few; and we
instances on the continent of
first
soon about to
upon
occupy us here.
pathy; and
it
observe that
it
adopt
Denmark,
still
for herself a
men
the occasion,"
most
is
said
scientific battle
Denmark and
in Prussia, lent
the Duchies.
1852.)
(Laing's
INTRODUCTION.
XI
which
suit
of institutions
much
to
of
German
Bureaucracy,
and
have
yet
German
people.
Spain and
spirit of
bad
little
faith.
stitutional liberty,
and
scattered,
to wait the
growth of
stitutional
self-restraint in
ruption or oppression.
If from none of the above
political lessons of
particular
review our
tion of
moment, when we
own
we
political
to ourselves at this
We
new form of
free
INTRODUCTION.
Xll
any
offers
peculiarities
brought
to light
may
be
re-
moment,
may
it is
may be
at the present
indeed be not
difficult
for
any one
It
it.
possess
to
to refer to
him very
all
previous
it
presents to our
own and
and the
perience to which
To
citizen
to
attain
of
it
that
the
knowledge,
United
States
first
in
Next
by some of the
Equal
and
the
M.
second
the
Republic.
INTRODUCTION.
(London,
New
Xlll
Then
follow
by M. de Tocqueville, of the
analysis
social
and
poli-
tical
am
thrown upon
it
has brought
me
it
why
and
at
quiry
as,
consistent with
compendious a manner as
clearness,
the
substance
most important
To
of that
INTRODUCTION.
XIV
whose
facts
and opinions
And,
finally, I shall
essential differences
may seem
as
important to be kept in
at a time
of
the frameits
further
amendment.
It is proper to say a
as to the high
am
about to
follow.
all
"
his
He
the
sity,
"Dane"
Professorship of
Law
in
Harvard Univer-
" Commentaries on
the
quoted from
is
the
last,
Constitution
The
of the United
that of 1851.
(Boston.)
same place
in
literature as
England."
They
Common Law
of
calm tone,
INTRODUCTION.
correct style, and
careful research
XV
measured language, no
and
less
strictness of reasoning.
than for
Though
too
is
Next
it.
"Commentaries" of Mr.
Judge of the Supreme Court of New
York, and Professor of Law at Columbia College in
the same State.
This voluminous and learned work is
chiefly occupied with comments on the common law
in authority are the
Justice Kent,
by
work of
is, under ?ome heads, more
valuable notes bringing down
spirit
It
Mr. Justice Story.
copious, and abounds in
the experience of the working of the Constitution
the year 1844 *
But
the
great sources of
constitutional
to
doctrine
from which these and other writers have alike " drawn
by
far
the
greatest
part
of
their
most valuable
materials," are
New
York. 1802.
INTRODUCTION.
Xvi
government, in
and
fulness
application
and
its
all
The
force.
limits
latter
of
its
has
expounded the
To
these
Eawle on the
Museum
had not
Of
at
all
I have
hand.
the works of
sary to speak.
M.
de Tocqueville,f
it is
unneces-
more recent
facts
From
sons which
to
may
strike
me
as instructive,
and desirable
Story.
Preface, p.
1.
Democratic en Amerique, published in 1835, Translated by Henry Reeve, Esq. 2nd Edition, 1836. Second Part
t De
of
la
M. de Tocqueville's Work,
Paris, 1840.
THE
CONSTITUTION
OF
CHAPTER
I.
and speculations
as
to
state
its
of
future
reference
This appears
to
to
its
previous
history.
not altogether unnaturally, the case with respect to the United States;
community have,
all
[oh.
i.
them.
nor the
United
can be
which prevailed in
therefore,
in
this
introductory
summary sketch
of the
American
The Governments
by Judge Blackstone in
his
tary,
description,
though correct in an
But
this
historical
affords
no key
to those
ch.
I.]
peculiar
attachments,
opinions,
habits,
and
even prejudices." *
The
existence of those
opinions,
different
and attachments,"
of the Union,
is
" habits,
in different parts
country.
from
influence
us, in deter-
And
up
to the present
day.
Those
ferent forms of
to
and
to,
fur-
of the English
common law
in regard to the
descent of property.
Ten
sessed,
down
to
forms of government,
all
* Page
of which, with
1.
B 2
some
CONSTITUTION OF VIRGINIA.
[oh.
i.
own
to our
as
stances of a
new
They may
country.
described as moderate
constitutional
ments.
council,
which was
to
all
be
govern-
appointed a
a certain extent an
On
the principle of popular freedom was recognised, in the authority given to the governor
"
to
and planters."
make
The
had power
local laws
to the laws of
may be
The
New Hampshire
(in-
ch.
CONSTITUTION OF VIRGINIA.
i.]
New
land,
New
York,
Jersey, Pennsylvania,
and Georgia.
Of
any detail
made
in
first
permanent settlement
James
of
I.
Engto Sir
But
in 1 61 9, a re-
company
act,
in
to this
legislative
who held
the
named by
" until
ratified
No
law was to be in
And
the
ordinance
its
seal to the
" further
re-
CONSTITUTION OF VIRGINIA.
quired
the
and
general assembly,
council of State,
to
[ch.
i.
the
also
imitate
toms, and
manner
of
trial,
may
as near as
be."
Although
after
"quo warranto"
form of
overthrown by a
(1624),
it
was
re-
this
England
The
strongly
the
the
its spirit."
Church
in the
supremacy of
and the
of England,
is
strictness of
entails.
By
legislature, the
blished, "
and
Church
its
of
doctrines
The
strictly enforced."
England was
esta-
and
were
discipline
Story, 49.
CONSTITUTION OF MASSACHUSETTS.
ch. l]
The
first
to Protestant dissenters
required."
1699;"
England seems
sive
to
"the Church
of
supremacy down
the
to
period of the
American Revolution." *
With regard
to entails,
covery,
Though
and,
" in
this
in
the
entails
and perpetuate
Mary,
which
under
The
charter
to
is
CONSTITUTION OF MASSACHUSETTS.
[ch.
i.
and a reasonable
New
England
colonies
which were by
with
it.
There are
refugees
from
religious
Pilgrim Fathers,"
on
persecution
"
the
first act,
their
drawing up and
government.
By
" cove-
body
politic, for
preservation,
namely, the
founding of a
faith,
and the
And
Company in Eng-
CONSTITUTION OF MASSACHUSETTS.
cm. l]
land, such
to
power
as that
company could
they never
yet
give,
Crown
itself,
and
In a similar
spirit the
from Charles
I.
company
that obtained
"
setts
Bay, in
New
title
of
of Massachu-
The
council esta-
ing of
New
and govern-
England, in America,")
first
took
to
to
them upon
b3
CONSTITUTION OF MASSACHUSETTS.
10
judicial functions."
creating
an English
corporation
[ch.
it
i.
as
under the
pri-
vileges." #
" It reserved
Crown
to
lieutenant-governor,
province j"
ment of twenty-eight
councillors,
to
who were
This general
council for the time being, and of such representatives being freeholders as should be an-
who
possessed a freehold
of
forty
shillings
M.
67.
to alterations in
ch. l]
this
CONSTITUTION OF MASSACHUSETTS.
To
the
governor was also reserved the right of " nominating, and with the advice of his council,
appointing to
military
all
of
and judicial
Admiralty excepted,
to the
Crown.
and ordinances,
so as the
offices,
all
full
And
the
power
to
wholesome laws
" All laws, however, were to be sent to England for approbation or disallowance,'' and
Crown
disallowed by the
if
Under
legislation
by the
that
whatever
Under
which was
Charter of 1691,
liberties
dually introduced
this
at first disallowed,
71.
12
tended
[ch.
i.
Queen
Anne.
Entails were recognised by the law, but not
Never-
was assigned
to
him.
1691,
"to
all
Christians,
except Papists;"
others
colonies ;"
two "
ori-
same general
first
legislation in the
and parent
ginal
course.
Maryland received
its
its
first legislative
York,
at the
its
passed in the
approval.
71.
t Page
4.
New
itself
ch.l]
13
call
New
men.
Queen Anne,
the Charter of
sylvania
dates
its
of 1702.
Penn-
which
after
aristocratic
1669
to
some intervening
fol-
filled
the
by
And
in these
property was
same
in the
most important of
States,
largest
them
the descent of
in
New
in
York, in
Georgia
74 to 145.
New
descents
of
appears
was more
have
to
New York
York, indeed,
course
silently
until
[oh.
been
and perhaps
close in the
adoption of
In Pennsylvania, Delaware,
mouth,
to
New
Ply-
The
among
and
was
sole exception
among
all
In
this
the children.
large
group of
States,
therefore,
full
from
the
period
down
charters of government,
ration
from
this country
of
and
their
first
to their sepa-
at the
of that period,
same
em-
114.
ch. l]
and
feelings
engendered by
more or
The remaining
original colonies
and Rhode
in
their
The
the
first
or-
first
of
who landed
of an
American
at
Cape Cod
winter,
in the depth
November,
vernment,
" in
its
officers,
and
to elect a go-
to enact laws.
by which
it
its
own
con-
7.
CONSTITUTIONS OF
NEW PLYMOUTH,
[ch.
i.
many
site.
to
number
of freemen
and
judicial.
Rhode
legislative, ex-
Island, settled
1636-8,
in
in
the other
official
persons.
in
The
executive
the governor,
and
deputy-
the legislative in
Although the
New
Plymouth
colonists soon
colour of delegated
sovereignty" (a Charter
ch. l]
from
CONNECTICUT,
AND EHODE
ISLAND.
Plymouth Company
the
in
17
England,
all
its
II.,
to
the example of
in found-
civil
freedom,
Rhode
other States.
the
all
if
not the
first,
at
in
which
liberty
boldly proclaimed
The
ants,
for
"
full liberty
in religious
concern-
CONSTITUTION OF EHODE ISLAND.
18
[ch.
i.
shall be
any
matters of religion."
It
is
remarkable, that in
Rhode
Island,
which its constitution was founded, the counterbalance of the law of entail was maintained
Mr.
Justice Story
on that subject
the
bation,
(in
&
5.
Geo.
I.,
1718),
soon afterwards
all
estates,"*
and
so
remained
101.
100.
a double
ch. l]
New
Plymouth
colonists
;.*
19
and the
had no other
common law
of
the
Mo-
saic institutions,"!
was revived in
to
full force
law as Massachusetts.
Reviewing, therefore, the principles of go-
at the
time
some
of the largest
all
Mr.
Jay, should,
93.
facts,
55.
and urge
them
[ch.
i.
government
to their
for
the
John Adams,
same
in the
Mr.
number
the
of persons of large
and
out
all
in
the
the thirteen
strongest
States.!
light
places also
It
amount
of
the
character
of
the
the
provocation,
the
injustice, the
glaring
have
been required to
which had
much
to
in
for so
many
generations been so
minds
institutions
provoke
much
as the
to
of the
Boston, 1853.
Vol.
iv. p.
sympathies
alienate
resistance
Letter
its
136.
Constitution, vol.
iii.
ch.
i.]
needed
to cause
principles of
an ear
to
be lent
to those
ill
new
to the experience of
social
which were
mankind
usage
which
find
to
occupied
that
as
occupied
by
the
and waiting
United
States,
to
were
be
not
men
of the Revolution
which are
many
of the most
22
CHAPTER
[ch. n.
II.
That
more than
natural,
resist
and
is
name
of
judgment of
this
The
public
marked
steps
mind
America
for resistance,
and
to,
because they
ch. il]
23
The
favourite
democratic
theory
of
the
can colonists
is,
There
no need
is
to
be found
to agree in de-
be extended.
no founda-
fining
is
far they
may
Story
and
civil rights
the
versal principle
formed to
(of
intelligible principle.
states
it)
England)
matter thus
Mr.
Justice
" The
uni-
rest-
common law
24
[ch.
ii.
all
of
it
which was
This
also
was
down
in
They unanimously
"That
the
common law
entitled to the
of England,"
and
And
they
and
This being
early assumed
so,
the
American
colonies very
common and
their circumstances
194, note.
ch. il]
required.
legislative
The
only
limitation
25
upon
their
of
sition
"A
England.
clause
this
Mr.
and
to
The
by the Crown."*
mon
in, if
not adopted
and of the
were
limitation confined
it
regulations
to this
to
expressly
and
Acts
of Parliament
them,
to their
and commerce,
These rights
of independent
steadily vindicated,
their
*
action
they
187.
&
8 Will. IIL
22. 9.
173.
26
without
their
own
consent.
colonies
very
early
asserted,
Some
ence
Navigation
the
to
the
of
and attempted
as Massachusetts
in
[can.
in refer-
And
Acts.
al-
and
acknow-
And
the
even
most disposed
the right
to.
The
passing of the
Stamp Act
in
1765
it
wards repealed,
raise a revenue
Story, 188.
189, 190.
the
subsequent
after-
attempt to
colo-
Colonies assembled at
New
ch.il]
27
mode
of taxation.
One
commencement
is
the
and conduct of
This mode-
people
in a similar spirit
of England,
by the
and
many
social
by
stitutions
owed
is
existence
of
the
colonists,
to be lost sight of
even in
above,
their origin to
no extreme
poli-
tical
rate
but, in their
mode-
to
28
[can.
the constitutional system which had heen gradually acquiring strength and consistence in
The
Crown were
clearly defined
prerogatives of the
and cheerfully
re-
cognised in the proprietary and charter governments, and although attempts at aggres-
Crown
in the provincial
of the well-established
tives
The
mo-
the
other, or the
nies
The
simi-
160.
ch.il]
29
To
The
long exist-
and
political
social
institutions
these,
are
gotten,
facts
such as
(if I
may be
for-
allowed the
They account
also
much
caution by those
existence in
it
who drew
it
up,
of such strong
care and
and
and
for the
carefully-
explanation also of
the
They
politi-
afford
an
phenomenon which
30
[can.
tocratic organisation
in
that
country
and feeling of
social life
instincts
of cultivation
habits
theory*
and
of nature,
be maintained by forced
and a specious
but
unphilosophical
CHAPTER
31
III.
it.
on both
States,
sides, the
legislatures of
some of the
in others,
its
origin, as
lutionary Government."
all
of Rights,
commercial
rela-
32
[ch.
m.
chief,
and
finally,
The powers
doubtful,
discussions
arose
years
among
it
was not
of the States
federation," prepared
mittee of Congress.
On
"
To
to the opinions
delegates of so
many
referred
to,
"
ac-
THE CONFEDERATION.
ch. hi.]
and
reflection, conspiring
conciliate, could
33
with a disposition to
It
men accustomed
to
look at
all
them
of years to enable
to
princi-
need
not, therefore,
be a matter of surprise
and the
hamper
its
to cause it to
ment
in
name
be
little
only.
It
to
means
c 3
;
;
34
[ch. in.
was invested
It
treaty,
not pay
its
penses.
It
call
even
or
debts,
current
means of
to provide the
ex-
and
payment.
but it could
its
re-
sums de-
to levy the
The
had
is
thus given by
Mr.
Justice Story,
York Legislature
years,
New
Carolina,
" During
the
last
New
fiYe
paid
nothing
Rhode
and Maryland,
Island,
245.
and
The
t
New
PennYork,
refusals or de<
259, note.
ch.
THE CONFEDERATION.
m.]
lays
were
some
plausible, as being
injustice
35
justified
importance of
its
omissions.
upon the
and then
grievances.
peals" were
also
"
Many
made
to
Mr.
by individuals.
and
Jay, writing to
Wash-
a letter
full
" There
and
is
doubtless
to say that
we
much
reason to think
many
objects of attention."*
Wash-
of the
THE CONFEDERATION.
36
that
the
course
of
things
was
[ch.
tending to
many
have been made in
vain.*
might prove
to
one-tenth of
its
sensions arose
nominal value." t
among
m.
so
to about
Serious dis-
to a
high degree, so as to
Union." t
*
256,
257.
% 260,
v. p. 47.
THE CONSTITUTION.
ch. iv.]
CHAPTER
37
IV.
THE CONSTITUTION.
It was, therefore, not until after thirteen years
of trial and of struggle, of tentative efforts in
the
new
interests, that
ferred, finally
Constitution.
Congress
to a
in each
thereof;"
and
States,
Congress
the
of
On
elected
THE CONSTITUTION.
38
president, "
into office,
[oh. iv.
operation in
all its
departments."*
many
It
and
majorities,
into ex-
difficulties
was carried
by only small
Mas-
sachusetts,
little
full
One
because they were anxious for the " exact observance of public and private engagements
;"
it,
pressive
by some of
the smaller from apprehension of being over* North Carolina adopted the Constitution in November,
" Thus all the thirteen
1789, and Rhode Island in May, 1790.
original States
became
281.
parties to the
new Government,"
t
286.
278.
THE CONSTITUTION.
oh. iv.]
39
It was,
as " a system of
borne.
made
was
ticular interests
United
States,
mind on
And
this question
gued,
it
is
If,
as has
been
ar-
296.
THE CONSTITUTION.
40
[ch. rv.
The
civil
government.
In arguing
it,
Mr.
limitations placed
"
own
If,"
that
country.
all civil
sent,
government
is
assented to
who
are
yet
who
its
form of government
are held
and
bound by
laws.
women, persons
deemed
its
it
institutions
by
neverthe-
are
it is
lifications,"
ried
less to
also
its
and many
assent,
fundamental
Infants, minors,
insane,
and
mar-
subjects of a country,
and bound
328.
THE CONSTITUTION.
ch. iv.]
thereto,
41
from such an
He
act."
Nor were
who were by
case,
He
qualified voters.
not,
probably,
whose
affirms
is
Constitution
has
not
been adopted
against the opinions and wishes of a large minority, even of the qualified voters
and
it
American Revolution
notorious that
it
is
itself,
it
reis
deemed
Who
no doctrine of
308-321.
329, 330.
"
THE CONSTITUTION.
42
[ch. iv.
of
these
qualified
representatives,
having
voters,
been
it
mount
choice
it to
and by the
necessity,
itself,
it.
The language
and appoints
of
as its arbiter
and
interpreter, not
whom,
in
its
third article,
it
expressly
And
ought constantly
to
is
one which
THE CONSTITUTION.
ch. iv.]
dering
it
it,
43
Ac-
Not
Act
United
If that
States.
and
so always
Act
should, in the
be contrary
stitution, it
"
The
to the written
is,
Constitution"
is
the
and of no
effect.
supreme power
to all cases of
in each particular
it
and
United States
power."*
the
is,
vested with
The judgments
this
judicial
of the Courts of
throughout
all
the States
are
" conclusive
citizens at large
376.
" and
THE CONSTITUTION.
44
if
[ch. iv.
posing,
and of the
legislatures of three-fourths
the
Supreme Court
of the
United States the power of determining whether " the laws of Congress, or the acts of
its
it
And
in so doing
it
all
cases deter-
resides in the
Supreme
The
by
by other States
says
Mr. Justice
" but,"
may be
asserted
at different times
Story,
"
it
THE CONSTITUTION.
ch.iv.]
45
Union have
expressly assented
to,
or silently
and have
alter it."*
The
reason
why
this great
power should he
stated
is
hy one of the
judgment upon
Cohens
case of
this
v.
vi.
of
of the
Supreme Court
tution,
many
life
are,
by the Consti-
periods,
office
;
and
and the
391.
THE CONSTITUTION.
46
[ch. iv.
we
it
more
especially
arisen
as
may not
exist;"
had
as these, namely,
taxes,
questions which,
if
by the imagined
be expected to be
them
The
upon them
as
is
Acts
to
their
can determine,
if
Consequently,
more
THE CONSTITUTION.
ch. iv.]
likely to
The
47
may,
Many
of large minorities.!
is
in stricter
corre-
But
it
has no
which
is
the ideal
commonly referred
to
by the
it
The
and
arrangements in regard
to
principles
their particular
the
amount and
395.
when
t Page 4L
known
48
THE CONSTITUTION.
as, if
and
their practice
recommend them
of administration,
tories of
[oh. iv.
as models of purity
or as considerate
deposi-
justice.
strict
THE PREAMBLE.
ch. v.]
CHAPTER
49
V.
THE PREAMBLE.
The
and
in regard to
many
These
positions
are
so
Government.
indisputable
that
They command
at
ment
of the United
States to be
in no re-
we should
assert of
our own.
points, however,
to,
as having
which Mr.
been espe-
THE PKEAMBLE.
50
it
[ch. v.
will
be instructive
to notice.
The preamble
tator's
branch of
how
re-
namely,
justice,
to
compel the
in-
He
individuals.
due
States
was
officers
left utterly
and
unprovided for
United
and the
who had
had occasion
by with indifference."
made by
more or
"
Laws were
constantly
485-6.
THE PREAMBLE.
ch.v.]
51
* # laws autho-
ment
of debts,
same nature.
of general
systems
which were of a
others "
had
laws,
insolvent
permanent
some of
and
nature,"
amounted
to
dividend
and sometimes
even
that
vain
"The
local
and
resisted, the
sacrificed to the
descriptions,
which
it
was
to the
same
effect,
The power
*
487.
487.
D 2
THE PREAMBLE.
52
[ch. v.
away
States,
The
events,
in
particulars.
to
States,
against
recurrence
the
of
is
no security
such
aberrations
and
is
able,
among
all
that
is
their fellow-citizens.
A notorious
in-
State of
the
New
Houses of Legislature,
in
the tenantry,
who
the
large
Van Ransalaer
case
of
estates
family by
THE PREAMBLE.
ch.v.]
numerous
ciently
to
53
They
are
suffi-
to elect
cannot be enforced.
and
force, or a satisfactory
and
without effect;
this
but hitherto
great scandal
still
power
to interfere with,
and weight
to the
according to
of the State of
New
much
Supreme Court
disputed
Van
long a period of
the law as
it
stood.
THE PREAMBLE.
54
[ch. v.
of the
portion
of
the Constitution, "to guard one part of society against the injustice of the other part,"
if their
peace,
safety,
or interests should be
The danger
of the whole
hands of a faction
is
one to
cially exposed.
common
will
interest,
be insecure."*
It
means
or
rather,
what
is
more
for
effectual,
en-
These
compound
re-
of the able
the hands
of
*
so
for,
writers of the
by placing power
many
parts,
interests,
THE PREAMBLE.
ch. v.]
and
classes
individuals,
This
majority."
principle
interest
however
pathies, with
justly gives
it,
and which
in its instincts
and sym-
same
hearing to every
full
small,
rently at variance,
der
precisely the
is
Constitution,
British
dom
be in
will
ous in the
tial
minority,
of the
little
the
of citizens,
or
55
It is this
air of true
it its
and
liberal free-
On
lives
un-
oppression.
which
no
differ-
The
that of the
United
only in the
We
States.
difference
is
ancient or
modern
universities, to
fair re-
56
presentation of
House
all classes
Commons by
of
and
[oh. v.
interests in our
such a distribution of
The
Consti-
tution of the
to the
"great
and
sects
which
a minority, by sudden
and hasty
this
moment
its
but
Constitutions
jorities,
institutions
Both seek
it
to
this
mature
reflection,
even
at questions
are
for
be entered
of
and, as
at
intention
It will
No human
in
of the
we need not
purpose,
stop to argue.
upon elsewhere.
perfect
Which
acts of legislation.
and
and
until
minorities
to the calmest
always
minds, of looking
THE PEEAMBLE.
ch. v.]
57
themselves
to,
for,
and adjust
and
mino-
intention,
in prin-
to
may be
little
of
of the Revo-
weaken or do
more nearly
to
pure democracies.
The
future page.
D 3
58
CHAPTER
[ch. vi.
VI.
The
and the
mentary, that
argument
" the
first
tesquieu
the
legislative,
the
it
to enforce
maxim
"
it.
Mon-
is
stitution of the
United
it
its
organisation." t
c. 6.
524.
ch. vi.]
The
to
judicious
powers
blending of these
a certain limited
Blackstone,
59
does
extent,
not
noticed
as
but
against,
militate
by
Thus
Crown
of
the
Commons
House
is
the
House
of
Lords pos-
exercises the
House
the
power of im-
assist
of Lords by
and
been defended by
all
it
is
a point which
fyas
Constitution.
this
many
vital
of
principle
them,
it
of
liberty
is
paid
and in
60
doned
[ch. vi.
been assumed
by the legislature,
while in
is
of the public
mind
many
of the individual
Mr. Justice
He
shows
is
that, of the
incomparably
"In
all
the
a representative
531.
is
ch.vl]
ration of
power
is
its
61
in the extent
and du-
and capable
"
to
easy
it is
is, if
and that
it is
He
may
and exhaust
all
Has
easily
It
It obeys,
The path
time being.
it
open
to
limits.
It has
be jealous, or scrupulous in
its
men who
lics;
533.
62
[ch. vi.
abundant examples
He
lie
Our domestic
history furnishes
is
the remedy
Does
it
He
quent,
it
will
respect for,
have a tendency
and confidence
is
in,
the stability of
so essential to their
Neither
if
is
it
probable
"
lucky
hit,
535.
537.
ch. vl]
63
to
In her present
consti-
to
inasmuch
as,
re-
ment
dwelling
among
them by various
numerous
members
and
of the
influential,
they
may have
fail to
invaded,
He
departments
of
the
Government,
is
to
be
the
of
Government
itself,"
537.
64
each
may be
"Each
fully
should have
provided
for."
[ch.
vl
* # #
independence secured
its
either,
we
in
Constitution,
in our
own
stances permitted.
The independence
of
by the
legislature
from
abstaining
by the executive.
departed from in
Not only,
many
as before-mentioned,
many
have the
salaries
instances,
made
not by
and
the
executive,
but by
the
AND
ch. vi.]
JUDICIAL
PC- WEES.
65
who
Mr.
Justice
of the others."
pertinacity
resisted with a
own power
is
of their liberties."*
*
540.
to
THE SENATE.^
Q6
CHAPTER
[ch. vii.
VII.
THE SENATE.
The
is
among
well-
not
so,
was
It
all
A very
cessary, as
brief recapitulation of
is
ne-
The
them
value of an
itself.
Upper House
or Senate
THE SENATE.
ch. vil]
rash,
and
errors
and mistakes
dangerous
to
67
legislation
allowing
be corrected, before
The
principles,
and actuated by
dif-
different
mon
good."
It secures
upon the
affect in-
terests
" of vast
and complexity,"
difficulty
It is
of great
legis-
by different minds,
is
demagogues."!
Story, 555.
557.
THE SENATE.
68
[ch. vii.
power,
liberties of
but those
are
that
it
to arbitrary
constituted
well
may be
beneficial to
transgressed/'*
this
The
legislative
power derives
its
proper
Under such
interests.
or intentional,
balance
is to
interest
separate
against
its
operations, to
ambition
interest,
Mr.
"
And
it is
and sympa-
obvious," says
elements which enter into the actual composition of each body, the greater the security
will be."f
* Discourse on Government,
c. 3.
45.
558.
THE SENATE.
ch. vil]
69
making
is justified
the
House
Constitution.
And
ele-
is
much
more applicable
to
ment than
to the
United
sentatives of the
The
States.
propriety of having an
Upper House
more
detailed
fluenced
reasons, stated
its
in-
in its character
as
having
extent
as
body
and
to the
made by them
House
of Lords,
functions, to as great an
institutions
THE SENATE.
70
In the
first
ment on which
it
is to
[ch. vii.
present
its
structure rests,
will
be
And
as
this
check
the
dissimilarity
bodies,
it
will
be effectual
the
in
must be
"
in proportion to
genius
two
of the
politic to distinguish
them
principles
which
the
Government
is
founded.*
Secondly, the necessity of a Senate being
indicated " by the propensity of all single and
numerous assemblies
impulse of
to yield to the
to
be seduced
by factious leaders into intemperate and pernicious resolutions," examples of which " might
be cited without number from proceedings in
the United States, as well as from the history
of other nations,"
body
it
should be
less
562.
office."f
563.
THE SENATE.
ch. yn.]
71
legislatures
leading
new members."
damp
to
the ardour
and
perty,
to
to the
permanence
mental
national
character,"
by
due sense of
scrupulous
and
is
that
difficult to
is
564.
more
565.
effectually
%
566.
main-
THE SENATE.
72
tain
[ch.
vn.
ment," which
is
The members
and contribute
keep up the
to
essen-
is
Lastly,
House
Representatives,
of
but occasionally
when
the public
some irregular
their
own
In times of
may be "
passion, or
stimu-
some
illicit
the
men,"
interference
of a
body of
The
mind."t
567.
is
568.
composed
THE SENATE.
ch. vil]
73
State,
chosen by
and by clause
of the Senate
renewed every
is
second year.
The
it
of importance,
is
House
in
House
of
those
expected of them.
more
own
likely to
They
therefore,
will,
is
be
to the multiplication of
bad laws.
They may,
704.
699.
THE SENATE.
74
ones.
[ch.
Mr. Justice
" a
Story,
vn.
rather
fail,
Even
safe,
can be
reforms, to
and there
little
all
public bodies to
quil
and
... "
satisfied
And
Senate,
restless for
it
in
politic.
human mind
is
its
actual
organisation,
is
will
well
that
and regulates
The argument
which the Senate
" that
of a
it is
its
for
is
movements." t
the
composed
indispensable that
number
number
actual
is
it
sufficiently large to
stated to be,
should consist
ensure a
the discharge of
701.
of
suffi-
and prac-
THE SENATE.
ch. vil]
The
legislative
and prudent
of
power alone,
75
no small share
exercise, requires
and
knowledge,
patriotism,
In
ability.
who should
may be
members
them."*
And
number and
that
of
the
House
of Lords,
number
is
of
neither too
The
a deep-felt responsibility
is
incompatible with
Men
as
power which
interest in
soon as
it
is
slips
can
feel
away almost
The arguments
office
generally "
*
706.
increased
711.
E 2
THE SENATE.
76
force
regard to
in
[ch. vn.
the Senate."
It is
ob-
to assert that in
in
the
interests
" It
any assembly of
is
men, called
of private
for the
life,
Government,
of
many
to escape
and operations of
lative functions.
In proportion
to the extent
to the national
of the
members."
therefore, "
value, by
and
solid attainments
well-constituted Senate,
making
its
term of
office
such that,
THE SENATE.
ch. vil]
the
to
public
service,
77
members
its
could
tion
errors,
to
resist
visionary
upon
their
own
convictions.
This argument
of senator
is
"
known
it is
in
if
in
less
new
election
(which
others
not quite,
tives;
Justice Story,
now
Mr.
and
one-half
of
in the national
their
representa-
Government, changes
expected.
From
must unavoidably
and with
this
this
arise a
change of opinions
must
How much
may be
interests
*
and private
713, 714.
this
715,
is,
in
THE SENATE.
78
point of
in the
"
fact,
common
transactions of business.
the
felt
This
councils gives an
[ch. vii.
all
those persons
to
gaming."
It also
re-
and
its
stable
rivals."*
fear arose
when
this dura-
fears,
To quiet
thus
creating
" a
716.
THE SENATE.
ch. vil]
79
third of the
number composing
the Senate,
any permanent
is
discharge of
The
its
it
high functions." *
its
that he
must be
have been
when
for
which he
there
is
elected,
chosen.-}-
is
no need
to
remark
On
these
points
the legal age for a representative being twentyfive I (four years only
qualification
mons), a
States
member
may
still,
House
of
Com-
it
had been
his fortune to
elected a representative.
reasons of prudence, in
United
States,
youth ends
have been
Perhaps,
country
also,
like the
much
* 718. 724.
f Section 3 of the
% Section 2, clause 2.
us,
may
Constitution, clause
3.
THE SENATE.
80
afford valid
ground
[ch. vn.
for deferring
the age of
but as
they
them
by.
It will
own
institu-
also be
more
House
CH.vm.]
CHAPTER
31
VIII.
The House
is
composed
of the Union
members " chosen every second
of Representatives
of
The
as
we have
seen,
no new thing
American
to the
They
in
liberty
to
House
only,
of
manner
of the British
The mode
Commons.
was a subject of
of election
controversy
arrangements were
proposed and
* Article
at
the
Various
debated
1, sect. 2.
E 3
82
election
election
by delegates, &c.
mode, according
real
to
responsibility
[ch. vra.
indirect
of
representatives
the
to
The
ought unquestionably
State,
to
raise,
it
places
him
it,
in
the
a sense of
under, to exer-
it
was
Thus
suggestions of duty,
for
mental cultivait is
impossible
the discussions on
It is
without doubt a gratifying and a noble incident in the condition of a great State, that by
the
willing
classes,
consent
of the
more instructed
ch. vra.]
83
among
the mass
to
all
which
the com-
is
ancient and
modern
times,
argued as
And
as
it
throughout
the Union.
Mr.
Justice Story
lowing words
auxiliary guards
and accompaniments.
It
was indispensa-
when
the principle
is
It
established,
84
[ch.
vm.
question, by
whom and
in what
manner the
choice shall be
made."*
varied, according to
tory, in
to prac-
been much
States, has
of the people
sufficiently per-
different free
tice in
is
and pursuits
the actual
or political
institutions;"
.
civil,
the influ-
advocate
for
universal suffrage
lutely
No
one has
ever
been
sufficiently
public officers.
or
insane
be entitled to vote in
Idiots, infants,
utterly imbecile,
all
elections of
fit
577.
578.
oh. vni.]
also
85
right, as a
In most
in which
they have
social life.
been permitted
to vote, experience
it
And
to themselves.
yet
would be extremely
it
satisfactory
reasoning, to
difficult,
establish
of
any
every
would
not, at the
to
other exclusions."*
If,
"
all
all
men
if,
because
tect,
all
decide, by
ment
<c
what
as free,
beings,
intelligent,
.
having a
*
is
much
apply to females
stake
in all the
86
[cH.vm.
who, by the law of England, attain their majority at the age of twenty-one
by the law of
man
is
by
and by the
"Who
shall
men
It
at eighty
is
"
almost
assumption
f
superfluous to advert to the
which
on
equal ;"
its
all
the
men
ultra-democratic
are born free and
fully
gave
rise at the
tion.
Men
to
which
it
limitations,
long before
that society,
and
good of
for the
* Blackstone's Commentaries,
f Story,
579.
its
members
463, 464.
ch. vin.]
And
as a whole.
87
if their
been in one case justly restrained by laws expressing the mature and enlightened opinion
of the governing body of society
by
as
man from
all
using
bour
why
equal
should
another
in
justice
it
should participate in
until
mature
the
governing power,
the
and
enlightened
with
he
capable
is
intelligence,
society?
using
of
and
true
eye
men
that all
in fact,
of society,
and
power
benefit
the
to
it
ultra-
perfectly
is
are
un-
born equal,
abilities, or in
that
of
has been
it
satisfied
that
opinion
is
the
for
abundantly shown
no man
that
as
first
every individual
the
To
sentiment
is
entitled,
mental,
feeling
and
physical, or
social.
This just
88
law,
has,
tended
[ch. viii.
to
among men.
that there
is
word "right"
The
in
express
civil
or
equitable,
The
right.
latter
is
may
expedient
or
may
otherwise
or
not be
may
involve
minor
good that
man
power of voting
him
is
it is
conceded
to
before the
;
and when
is
invested with a
a natural
right
is
The former
oh. vih.]
sense of
mankind
deems such
in a state
of
89
society
civil
by any inhabitant of a
free country,
whether
to say
of voting, like
it
has a fixed
own
to its
common good
and
of the whole,
union of society,
it
which
is
this right,
seems
if,
upon the
prin-
difficult to
therefore,
placed,
by a
its
it is
it
not
exercise
of such an authority."*
He
in the
580.
this principle
90
[ch.
vm.
settled
and who
is
continually being
"
basis."
little,
From
even in the
stract right of
suffrage,
this,"
any ab-
recognised in
practice." *
If,
is
still
more than a
is
prepared
anything
trust,
for the
promotion of the
to
it,
common
good, he
581.
THE HOUSE OF REPRESENTATIVES.
oh. viil]
91
such
if
be
there
and
arguments which
to
The
"without any
or less number,
own mode
its
most conformable
adapted
sound policy, or
to
cretion
for
is
best
best
It is
and temporary
"what may
is
dis-
promote the
may
age or nation,
sults
under
ments
At
local, physical, or
moral predica-
essentially different."*
tion of the
the
manner
in the
United
in
States,
the differences in
different
settled
In
Rhode
in
*
581.
92
freemen
necticut, in the
sonal
property
paying taxes,
The
in
or
question was
which
vention
whether
it
and more
Massachusetts,
in
amount
other States, in
having a fixed
up
the
of per-
persons
residence.
much debated by
drew
[ch. viii.
the con-
Constitution,
fair
and equal,
and imme-
House
of Representatives*
It
was,
to those
recommend
which
the very
On
try.
ing
is
this point
as follows
Mr.
it is
far
from being
clear,
upon
is
ing,
and combining,
and opinions.
as a representative
ch.
vm.]
body,
93
is
And
portant checks
num-
in every system of
many
upon undue
manent
of all
intelligent
and
and pro-
perty."*
the
State
numerous branch of
being fixed
legislature"
Union
upon
as
members
of the
House
of
Re-
presentatives.
The
of
the
elected
House
of
was not
members
Representatives should be
settled by the framers of the
They had
before
585.
94
electing
representatives
its
for
for
seven
[ch. vnj.
years,
for six
Abstract maxims
The
the
resolution
members
House
of the
that
of Representatives
Whether
or
may be gathered
is,
The aim
that
of every political Constitution
society
His pro-
men who
is,
or ought to
possess most
to pursue the
wisdom
common good
of
them
The
latter
object
may
to
some extent be
is
clearly a matter
589.
But how
For
it is
CH.vm.]
95
object.
The
reasons
many and
various.
much
and inattention
of
due
in-
Men,
and
effect,
to
on
to their conclusions
"The
multitude."*
very frequency of
elections
has a
and
to
administration of public
affairs,
"It operates
also
as
592.
little
[cam
96
and
when
patriots,
their
schemes are
may
create injurious
And
fairly tried.
statesmen
liable to be suddenly-
office
before
they are
apt to
to vindicate
their cha-
umphant,
is
" It
easily
loosened." *
comes
is
and confidence
is
so
member
all
The
latter can
rience
skill as to
scarcely be
and training
the best
is
called to legislate
mode
of applying
it.
The
period
some proportion
to the
is
rights,
legis-
to
interests,
people.
"
tion,
member
obvious, that
if
of
the
legislative
qualifications" for a
body.
" Yet
it
is
602.
603.
ch. viii.]
to
97
councils,
will be
set of
men
formation,
when
One
will
it will
be succeeded by a second
set,
who
ceeded by a third.
wisdom, hasty
cal
and imperfect
it,
experienced
serve
its
Story with
much
care and in
much
Mr.
to
Justice
detail,
and
members
the
to disguise, that
for the
House
United States
presentatives
of
years only,
is
which a country
rulers
men who
is
most
down
Re-
for
two
fulfil
the
as those
under
possess most
*
of
wisdom
604.
to dis-
[cam
98
cern,
good of
He
society."
to pursue, the
common
in-
* but the
and
now
is
dreamed
of,
to carry
on
its
to
The
public estimation
House
and
in
actual
in
the
power, the
with the
Senate,
Government,
will
as
compared
be adverted to here-
after.
The
611.
605.
ch. vra.]
for
members
House
of the
of Representatives,
and
may be
99
citizenship,
to
any of
the
The
among
each State
one representative
have
to
at least
and an arrangement was introduced applicable to the slave-holding States, declaring that
the
number
by adding
in those should
to the
"be determined
fifths of all
Much
three-
other persons."
difference of opinion
existed at the
how
the apportion-
ment ought
to
be made.
One
principle,
much
power between
Confederation.
property
the
all
Another
basis
of
this
aimed
at
making
representation.
The
to
be
100
established was,
tion should
go hand in hand."
[oh.
vm.
representa-
but
it
to
Accordingly,
it
itself to
this principle
it
who were
common con-
tributions."^:
This
of the above
by the modern
" that every
a vote;"
should
man who
or,
"that
is
unjust that a
also
man
being repre-
assumption,
632.
it
be taxed without
sented."
is
that
the
t
franchise
632.
to
be just
632.
ch. viil]
should be universal
101
:
to the term " universal " whether or not
to include
females
well
as
it is
to
be attached
is to
twenty-one,
the
as
who
of age,
taxed as
is
is
to
be ex-
one of nineteen or
eighteen.
The
basis
regards
fixed,
should
ratio." #
fore,
to
it
or property,
is
it
be
Thus
persons
finally
was,
taxes
but
numbers
an admixture of
a certain
all
extent,
" either
to
or
wealth,"
similar, there-
in
intention,
to
our own, and designed, like our own, " by apportioning influence
and
to
among
each," to introduce
caution,
and
adjust
the
mutual checks." t
The new
apportionments,
to
632.
The
633.
results
102
[ch. viti.
1830
it
in
it
was
of
Re-
the
House
they
234
to population has
been raised
first,
in 1792, to
next,
then, in
to
The
bution
particular
is
arrived
to
mode by which
at,
and the
this distri-
fractional
numbers
and
much
Neither need we be
under
One
this head.
or two
additional remarks
only are
ch. viil]
views
as
the
to
House
mental qualifications
member
expected of
attainments
He
Representatives.
of
103
and
of
says
the
that
of
House
in
is
member
member
of
State
legislature.
The
hensive character."*
"
spirit,
are indis-
measures."!
..." The
views, feelings,
and
interests,
which naturally
of
Congress.
policy, a
and
and reproach
liberal
and
knowledge of national
interests,
to
may be a
a member
enlightened
rights, duties,
659.
660.
104
ture,
to
lofty
Reference
in
[oh. viil
is
of
made
then
functions." *
his
districts,
and populous
of large
sentatives
who do not
for reprecities
reside therein,
and
and can-
is
The
motives, a
An
sagacity."!
opportunity occurs,
after
Mr. Ames
by him
in
is
ducted by intrigue
nothing but
real
secure an election."
*
659.
districts
may be
con-
dignity
The
of
character can
$ 661.
CH.vm.]
not, in
Mr.
105
" Unfortunately," he
says,
fifty
the
belief
choose
and
men
that large
districts
will
always
675, note.
F 3
106
ELECTIONS.
CHAPTER
[ch.ix.
IX.
ELECTIONS.
The
times,
places,
and representatives
the
first
by
is,
article of the
legislatures.
"
The manner
is
and
in principle
choice, or in the
representatives
whole State
policy.
mode
are
an extent which
There
is
indefensible
is
no uniformity in the
of election.
composed of a popu-
elected
all
he has a plurality of
choice
others
is
826.
votes.
him
to
it is
be deemed
sufficient if
it is
and
have a majority of
and sometimes
(as it is in
England)
in
by the ballot."*
i.,
App. 192.
ELECTIONS.
ch. ix.]
These
107
Mr.
and
of evils
into details,
is
in-
deprived of
the time of
its
its
holding
its elections, is
the evil
of
themselves
to
the
of
arranging
of dictating to
it
all
is
them
most minute
their
details
826.
ELECTIONS.
108
fore the public,
interest,
and
[ch. ix.
finally,
when
it.
is
one
who
may
occasionally,
United
up
their time
and attention
political contests
suffrage
cities,
is
so extended
the population
surfaces,
to the details of
dwelling
in
is
small
villages
distant
means of communication,
it
cannot be a matter
field of politi-
ELECTIONS.
ch. ix.]
cal agitation,
and the
109
difficulties
and turmoils of
who make
it
This
however,
process,
most calculated
to
is
manifestly not
one
the
who come up
to the
high sense of
up before
its
his countrymen.
no such
elections" exist
But
it
as
among
ourselves.
no human system
is
traffickers
working of
Far from
perfect,
so
an
isation
feel
it
has chosen
organ-
it
in a
under a franchise
But,
if possible,
still
110
ELECTIONS.
[ch. ix.
of
its
careful
and expectations
which
when
existed
These
adopted.
Constitution was
the
qualifications
have been
al-
payment of
different
or
taxes,
but
States,
resting
all
other requirement,
the
principle
of
stability:
justified,
undue
legislation,"
interests
general good
their
an
one
essential
very
variety
being
individual
as
on
and
as tending to protect
without
sacrificing
the
maintain a system of
fair
and equal
liberty,
91.
1 of the
ELECTIONS.
ch. ix.]
Ill
section
the
2 of the
first
the
article,
House of Representatives
and by
members
of
United
of the
House
The
in other words,
legisla-
What
is,
this
accordingly,
a matter of
portance in reference
Constitution,
and
to the
the
first
To
its
to the question
whether
it
was
it
at
im-
United States'
become
electoral districts
of Representatives
The franchise
is,
with, I
ELECTIONS.
112
Mr.
of
authority
the
[oh. ix.
whose
Kent,
Justice
tion,"
estimation with
those
language
At
Mr.
"
pp.
is
Mr.
Justice Story,
Blackstone,
spoken.
227-229,
Justice
The
those of
vol.
i.,
is
rapidly
American
earliest
popular suffrage.
" Thus, in Massachusetts, by the Constitution of 1780, a
denned portion of
an
in
elector;
that
qualification
By
of 1821.
Ehode
was requisite
and
qualification
voters.
This test
was requisite to
is
continued in
their
Constitution of 1818.
"
Constitution of
1821 reduced
this qualification
ELECTIONS.
ch. ix.]
ment
113
as
were
to
of 30Z.
made
an ordinary
"
The
in that State
statute, if
by
le-
was disregarded.
1830
re-
owner of a leasehold
"In
Mississippi,
estate or a householder.
electors
is
entirely dis-
may
is
in the
suffrage,
frequent elections,
all
offices
for
114
ELECTIONS.
[ch. ix.
and
to
political
and easy
able, gentle,
The
States
'
first
"
is
to be entreated.'
New
chigan,
exercised
thus
is
land,
is
whatever,
York, Mary-
Illinois,*
Mi-
Every
free
male white
and who
shall
have
is
entitled to
vote."
To
are
this
now
to
Florida,
and
Texas, Wis-
finally the
25th of October,
* In
Illinois,
1851,
adopted
the
once
on the
same
ELECTIONS.
ch. ix.]
115
by a vote of 7*5,7^8
11,060 against
The
it.
blance of a qualification
" In the States of
New Hampshire,
Pennsylvania,
necticut,
is
Massachusetts, ConOhio,
and
and
Delaware,
to
Georgia,
and paid,
or,
in Ohio,
"
The Rhode
is
New
is still
re-
rendered nugatory.
frage."
who
possessed a free-
son of a freeholder.
This requisite
sum
The new
it to mean
and has
and of
six
months
in the city or
town in which
ELECTIONS.
116
But an
property qualification
is
[ch. ix.
elector
having no
entitled to vote if
he
and has
vious year,
or been
dollar,
enrolled
militia.
and no
money
in
any
city or
that relating
to
and compensation,
seems
to stand
to our
it
introduces against
democratical establishments
towns and
mean the
In North
Carolina,
the
electors
of
the
the
House
of
Commons
(the
name
is
ELECTIONS.
ch. ix.]
still
117
New
electors
have resided
and
estate of 501.,
" But
declares,
assessed
check down
every
that
to worthlessness, for it
person
deemed worth
50/.
election,
is
to
be
"
all
the
individual
States,
has entirely
men
what
their pru-
left it.
they expected
that
those
legislatures
118
ELECTIONS.
would be composed,
first,
[ch.ix.
of a
Senate re-
more
secondly, of a
ing
on
House
similar
community
and,
of Representatives rest-
elements,
namely,
on
the
The
taxes.
is
now
and
elected
qualifications,
direct election,
all,
and
this great
not
have
taken
place
without
impressing
ELECTIONS.
ch. ix.]
119
directly
amenable
to popular impulses
is far
from being
Among
pular
vote
thus striking
dence,
and
at
for
the
Judges, by poperiods
short
root of their
among
the
The
perty.
;
of
only
indepen-
upon
States,
fact
first
elements
life
and pro-
common answer
its
in the
proper place.
United
States,
ber and temperate government, and the preservation of the just and equal rights of
all,
that
120
ELECTIONS."
[ch. ix.
extending
is
itself in
it
made
has
itself
much more
done before.
felt in this
it
had
however,
be-
years than
fifty
There
is,
United
States,
this
marked
difference,
that
with
all
their
number
scope
so
as
to
embrace a
wisdom could
of
high
civilisation,
and national
honour.
There
is
mode
of giving
others by "ballot."
to
is
be viva voce, in
ELECTIONS.
CH.ix.]
It
to repeat
necessary
is
121
that
this
unless
when
rare,
added
In
,,
to
the
in
the
" secret
which are
instances,
word
is
expressly
it.
this country
we invariably
mode
associate with
of giving a secret
manner
too well
known
to
need
to
be
described.
of paper,
it."
In the Southern and Western States generally the voting is entirely open,
and usually
viva voce.
At
all
elections
in
the other
States,
the
voting
places,
with
the
the
round
written
or
122
ELECTIONS.
whom
one of these
the case
may
be,
all
the
folded or unfolded as
it,
to
he intends
openly before
lists,
[ch. ix.
poll.
The
tickets are
printed
paper,
now
universally, I believe,
dates belong,
paper
coloured
thus
marked, though
or
in itself at once
de-
be desirable
it
shows
at the election.
to describe
by a few short
quotations from the laws of some of the principal States, the different arrangements in re-
gard
By
(1839
governor,
lieut.-governor,
presentatives of the
senators,
Commonwealth,
and
it
is
re-
en-
acted
" Section
5.
That no vote
officers presiding at
any such
shall be
received by the
election, or at
any election
ELECTIONS.
ch. ix.]
for select-men
aldermen, or
123
common
for mayor,
same
and
unfolded
name
nor shall
same
list
until the
shall have
been
officers,
therefore."
volume* the
mode
of
and
witnessed at
means
in
Boston,
under,
though by no
electors of
Boston and
its vicinity,
against the
it,
duty to
as
unworthy of
perform
to
the
Murray.
1852.
G 2
to
ELECTIONS.
124
perform
that the
other,
it
openly
[oh. ix.
nor entitled
to
secrecy in the
the part of
have one.
mere
vote,
on
to
their senti-
silence,
toge-
whole
life,
which,
much
if possible,
is
less
would be
plainly impossible
a free one.
Whig
party in
ELECTIONS.
CH.ix.]
am
125
informed by a friend,
who has
the best
Whig
The
it
open, as before.
sembled
lately as-
chusetts' Constitution.
The
Massa-
existence of such
is
fixed,
more
and
sober,
to the associations
which assembled
in
In
this
amendments
Conven-
and
deinto
of the Constitution
126
ELECTIONS.
closed in envelopes.
stitution
jority
[ch. ix.
The
is
By
the
43rd
chapter
sec.
of
9,t
the
it
is
statutes
enacted,
ballot or
piece of paper,
on which shall be
names
of the persons
Nothing
is
is
simply
15.
11 5, sec. 6, nothing
1841.
ELECTIONS.
ch. ix.]
is
127
but
it is
sors presiding"
shall call
them
as
many
chosen
the election,
of
at
such
to give in
officers,
their votes
requiring each
on one
list,
for
and by section
;"
no vote
9>
to
is
be
And
by the Election
Law
of
the same State for 1841, chap. 518, sec. 3, " the
ballots for the election of Governors, Senators,
Representatives,
&c.,
are
to
be written or
the law
makes a show
of instances in
of requiring
so vague
value
By
is
and imperfect,
which
secrecy
but in a manner
as to
prove that no
chapter 5,
art.
4,
sec.
31,
it
is
provided
which
shall
for
ELECTIONS.
[ch. ix.
And
128
whom
and
shall
in the presence
receive
of the other
By
of the State of
sec. 7>
"The
New York
(1845-6), chap.
by ballot
6,
and
board of inspectors."
Whatever show
of concealment there
may
known,
is,
that there
is
to
very
no concealment
more attempt
is
fact,
no
The
much
New York
particularity the
in
which the
elections
ELECTIONS.
ch. ix.]
will
interest.
did
it
129
it
in these pages,
it
me
given
of those
It
amply
now
fallen.
From
1852
"
New
the
York Herald of
May
20th,
:
THE COEKUPTION OF THE PEIMAEY ELECTIONS.
managed
both
of
whigs
of bribery, corruption,
The way
and
in
democrats,
have
been
all classes
and
citizens,
but no remedy
evil,
and respect-
and
their hands,
and
for the
mind
their
own
private business
is
everybody's business
G 3
130
ELECTIONS.
The
and nobody's.
result
is,
[ch.ix.
elections,
which
people
elections of the
the
orderly,
proceedings on Thursday
For
last,
various localities
steeped in crime
picked up in
and purchased at a
low as
fifty cents, to
had never
ful
dollar a
and some,
it is said,
so
seen.
is
playing fear-
all
head
demo-
and
The
of public justice.
tion
results;
to the mal-administra-
judicious
grieve
these
at
the evil?
"
The
system
following
is
lazy fellow^
who
fat
politicians,
who
spoils of office,
he
brawls in the
"
he resides.
He
spouts
He
is
a patriot of the
fellow to boot.
He
first
water,
ELECTIONS.
ch. ix.J
He
friends.
is
131
has sufficient
he draws up resolutions
ability,
fast
to all matters of
If he
for public
meetings and committees, and studies the forms and precedents of political organisations, so that he has them at his
and he
fingers' ends,
is
taste or
shows any
talent,
and
character,
same
of the
affairs,
him
and especially
he
the
if
to blast his
Office,
who has
politics,
calls
all oc-
If there is
Police.
the
Post
He
thus
who
His position
is
is
man
man
of real
He
is
own
scoundrel
kind.
who
He
will
pay for
has rascality to
and
sell it
instance,
it
it.
He
sell,
may
traffic
profit.
in
For
him
make a
of the ward.
cunning and as
to get their
names on
ELECTIONS.
132
[ch. ix.
it
is,
scale,
Hence
is
it
when the
that
public
they
are asto-
and
sult is declared,
final re-
it
The agents
of the candidates
election
other emergency
comes out
is
made
room on some
and
ances of obstinacy.
"
Nor
chased
is it
the
always with
money that
promise of a
fat
office
But
has sometimes an
it is
most frequently
'
a bird in the
men
hand
for sale
is
are incredible.
We
The sums
have heard of
man
got, at the
ventions, the
of which
dollars, out
The dangers
to
"
We
and possible
show that
it is
and the
"
In the
it
all his
Every
to bribe.
where only
it
What
elections.
with which
and use
men
republican institutions,
of these
effectually
facility
is
attentively con-
results.
corruption
tions,
133
ELECTIONS.
ch. ix.]
can
be wounded
the ward
primary
first place,
honest
men ought
to attend
the
ought
to
be
In the second
place,
there
man
spectors
cases
it
the
of
administer
election
an oath
ought to
to every voter,
and the
to
in-
to
If this cannot be
is
evil,
there
is
but
The primary
elections, as carried
may be
on
in this city,
and in
134
and
ELECTIONS.
to the Constitution;
[ch.ix.
to subvert
most cherished
to
or
take
them out
come
at last.
and so
mob on
its original
it
and
and
to this
to abolish
of the
complexion
wireif
will
it
guard against
adapted to
so well
one
the other,
either
hands
Meantime, our
free,
despotism on the
the
the
of
own hands.
ful
consider
them,
institutions, it is
is
so abused
design, as to
and
so perverted
from
of public de-
and the
It
revised
18456 no-
statutes of
is
now
consi-
Neither can
scription
it
applies
New York
only.
It
is
same system
is
as
ELECTIONS.
ch. ix.]
135
may
be
localities
The
stain
that
corruption
disgraceful
to exist in
it is
many
of our
be hoped, very
to
to the constituencies of
we have been
better,
sufficiently
and
for
warned not
some
which
(for the
to attain
The
men
to
counties, has so
before the
It is said that a
of
managing the
may become
elections.
general,
It is heartily to
be wished that
it
numbers
or those
scale, as against
mere
ELECTIONS.
136
[ch. ix.
public reprobation
to the
The
stigma of
is
oppression.
The
which
require
of their assembling
Monday
that,
in
December
according to the
of the
first
pears
that
in
fifth
every year
and sixth
first
and
sections
the
privileges of each
particulars
is
powers,
rights,
House are
different
in
duties,
and
no important
Houses of Parliament.
PAYMENT OF MEMBEES.
ch. x.]
CHAPTER
137
X.
PAYMENT OF MEMBEES.
The
sixth
provides
Constitution
and Representatives
"
that
The
shall receive a
Senators
compen-
States'
by
Trea-
sury."
this
practice of
Member
referred
clause,
England
of
at the
the
ancient
known
case of
to
the last
Parliament
time of intro-
having
received
for
Hull, in the
which seemed
to
justify
the
Mr.
various
first
Justice
reasons
the introduction of
PAYMENT OF MEMBERS.
138
[cm
x.
evidently
is
tive functions
He
it.
tice of
pensation
public
was
life
not necessary
bring into
And
nation."*
to
com-
that
whatever
the
in
the
infancy
the
of
when
more
an
honourable
restricted
means
independence
(although
of
was
their population
institutions
of
ac-
much
vation
considerations cannot
nation,
now apply
to
the
same
an adult
with intelligence;
and
it
appears to be not
ch.
PAYMENT OF MEMBERS.
x]
sion
upon
this,
disagreeable
139
subject
whole range of
touch
to
their
upon in the
that
institutions,
the
principles
particular,
many
present
of their
are
scale of
payment
to
of September, 1789?
force to
this
im-
it.
By an Act
22nd
in
some
produce
passed,
portant modifications of
The
practice
will
years
the
against
which continued in
*.
e.
of
to
six dollars
at-
for
every
twenty miles
travelled
to
March, 1816,
it
at
in
to senators
March, 1796,
was enacted
was
that,
it
In
"instead of
now allowed by
law,
PAYMENT OF MEMBERS.
140
representatives,
and
to
sentatives,
member
3000
of the
delegate,
1500
dollars
House
to
territories,
pro tempore,
House
and
[ch. x.
of Repre-
each senator,
of Representatives,
and
re-
dollars."
now
fixed,
It is
and
pro tempore,
the President
ex
officio
lars a
day additional.
per
mode
its
committees, to change
working day
to
2000
dollars
per year,
in his legislative
duties.
stipend,
and would
PAYMENT OF MEMBERS.
CH.x.]
relieve
members
of both
upon them by
continually heaped
putations
141
may claim
number
their salaries.
that com-
It
ments ought
sent)
of
25,000 as
50,000
at pre-
6000)
member
5000.
each senator,
of
as
House
now
that,
existed of
and each
Representatives,
of
was argued
It
means
the
6000
with
making
so
many
fortunes,
by
men
life, it
was
to the service
day
considering
member
where,
the
unavoidable expenses of
of Congress at
it
and
Washington and
else-
PAYMENT OF MEMBERS.
42
Hence
it
it is
[oh. x.
a matter too
make any
it
here
members
Houses of Congress,
of both
make up such
comes as
will enable
them
to live in the
to
in-
man-
tives
to the
selves to
advancement of measures
is
show how
claimed for
the
first
it.
That
principles of a
deliberative body,
comment.
it is
is
its
framers
a departure from
representative
and
PAYMENT OF MEMBEES.
ch. x.]
Neither,
if
is
143
to
such members
own
it
left
stigmas behind
And
to forget.
it
the
circumstance that there always have been constituencies not very particular as to the
qualities or the
moral
sufficient to
is
account
or another,
Commons.
is
not
unknown
marked
in the
distinction,
form
House
of
however,
must not be
forgotten,
namely, that
elec-
men
to
be sent
whom
them
to dispense with
to
suffi-
those
PAYMENT OF MEMBERS.
144
[ch. x.
and
tion
of either
posi-
character,
happen
to
mons
of
men
and preserve
fuse
high
tone
of
to dif-
feeling
exceptions
to
which
times
use
and
repels,
be obliged by
And
them.
as
though
ever
on
and which
may
it
political
regards
is
some-
necessities
to
House
of
the
any one of
its
members.
The extreme
rarity
of
bers of that
in
to
have made
own
private
PAYMENT OF MEMBERS.
ch. x.]
145
soul
is
honour.
my
bring forward
sion,
and
many
posses-
facts in illustration
members
of Congress of receiving
among
money
for
and
for
their
measures.
which
support in
I will confine
sufficiently describe
I will add an
upon the
The
Act
favour of certain
the process
and
subject.
following
is
member
of the
Colonel Benton,
The
up
at
is
pretty
much
tions
for
legislation
takes
it
out of the
PAYMENT OF MEMBERS.
146
[ch. x.
of agents,
now
it
into the
class
or combining interests.
bers
and create
legislation,
interests
mem-
halls of
way now
told the
any large
to get
is
to apply to
man (members
rail-
effective
The
fellow's counsel.
'
am
through Congress
road land,
bill
and a mass
great
game
of conglomerated
alone.
the way
at a pinching vote,
measures pass
mollified
members,
and
now becomes
negative
votes
often
duced the representative from North Carolina (Mr. Venables) to say in a speech at Kichmond, Virginia, that
'
with
bill
Congress.'"
Thus much
fact.
It is necessary to justify
such accusations
by a particular instance.
* " Log-rolling," means,
you
in yours."
"
Help
me
in
p. 123.
PAYMENT OF MEMBEES.
ch. x.]
About
Gardiner
ago a Dr.
years
three
147
gress
It afterwards appeared,
of which
chairman,
that
this
was
forged.
Treasury
ford,
cated
in
these
transactions.
the investigation
the
House
their report
of
The
result
of
of
Representatives
by a
Bill,
accompanied
after
to obviate
Ap-
pendix.
of
March
which passed
H 2
PAYMENT OF MEMBERS.
148
[ch. x.
the
who
ploy,
shall
assist
persons in their
all
in
either
official
em-
official duties.
office,
Government who
shall receive,
action.
officer of the
give,
and
United States
King, by
whom
tions
it
to
Mr.
it
existed
that
it
for
to
"Our pen
ting,
official position.
its
of the
PAYMENT OF MEMBERS.
ch. x.]
149
hody
for the
New
daily exacting
'
who were
in the habit of
these
He
men
a price, and
that
it lie
said that
it
'
selling
Congress for
'
" Mr. Badger (who had charge of the Bill) said that
Bill did not cover
less
"
hoped that
The
it
of
the
for
what
The system,
'
it
did cover.'
and passed."
therefore, of bribery of
members
Act
to exist in cases
be pre-
to
is
to exist,
means a
ments assigned
to
them by law
as their daily
PAYMENT OF MEMBERS.
150
salary,
to
[ch. x.
by
may
that
it is
legislation,
it is
plain
an occasional and exceptional phenomenon belonging to the obliquity and the low estimate
of
what
is
individual.
be sorry to conclude
I should, nevertheless,
this
passage
painful
working
United
the
of
the
in
history
States
of
the
Legislature
fact,
that
who do not
known
men
inasmuch
as
to contain, as they
any who
might very
easily
accumulate proofs in
namely,
members
falls far
that the
sent to the
PAYMENT OF MEMBERS.
ch. x.]
cipations formed of
151
result
formation.
One
communica-
tion addressed to a
and forwarded
me
to
by a gentleman in the
He
ing correctly.
accompanied
with
it
it
It is as follows, a
true."
to
an
be
few ex-
necessary pain
The
effects of
Write down a
most rapidly.*
our
of the
very foremost
ful
'
...
demagogues?
business of politics
by such persons
is
that
It
seems
to
getting to be done,
men
of worth, dignity,
me
that
the
political pitch
p. 167.
PAYMENT OF MEMBERS.
152
which
defiles
[ch. x.
It is
institutions
What
their founders.
whom
to bring to notice,
many
will, I
on competent
to
But the
It
is
now
she
thought,
embarked on
and no one
down her
course,
and
to
mark
It concerns
that voyage.
It
the currents
is
the
faring on
that she
PAYMENT OF MEMBERS.
ch. x.]
too
153
It is not
thankful that
many
it
not.
is
reasons to be justly
for the
brought
it
to
what
it
is,
to
to
seek aliment for our pride from the miscalculations or disappointments of our neighbours.
in
the
House
is sufficiently
known from
Their
the speci-
way
They
of
are invariably
all
the
credit reflected by
them upon
their national
The
best portion
of the
in a
man
of
such
House
of cultivation
The
language and
and
individuals
conduct in
h 3
PAYMENT OF MEMBERS.
154
but few
[ch. x.
decency
to
marks
two
Nevertheless,
well
as
that of individuals
and
by the parties
appears
the
suits
circum-
to
assembly
first,
that
insulting language
continue
pleasure of the
is
to the dispute, in
chairman
of
stances regarding
as
re-
is
as
to stop
long as
disputants
it
next,
language on either
explanation
at
or
side,
apology
or any attempt
own
the other.
We
in
this country,
it is
any warning as
to be
hoped,
to the
com-
our
such
parliamentary
facts
debates,
deducible
from
PAYMENT OF MEMBERS.
ch. x.]
verted
pire
to.
where
it
is
155
of our em-
origin
its
up
to the
Our
colonies
It
self-
they
may
act
may reproduce
in
and
wisely,
and
scenes,
as
among mankind.
closely
as
differences of circum-
up the
PAYMENT OF MEMBERS.
156
and
political fabric,
and
features
will,
many
ages and of
and a
boldness,
its
shall correspond in
With
which
to
share of
It
circumstances
make
practicable at
the
ought never
the
institutions
among
is
things
full
trials.
if
be forgotten
of a
many
originality,
[ch. x.
most
all,
difficult
it
be of
all
to perpetuate that
it
secures, in the
it
enforces,
and
leads.
New
stitution
to
the future
may
sug-
PAYMENT OP MEMBERS.
ch. x.]
may be
has made
under a constitution in
self-government,
ardently
is
very
respects
essential
sake,
The
expected.
great
It
157
to
hoped,
be
may
she
that
similar
preserve
all
to
our
own.
for
her
own
There
it.
is
working of the
practical
United
States,
to take
them
possesses.
the
institutions of
to
wish
now
little
sufficed to bring
more than
have
sixty years
many important
particulars
and
it
is
pa-
lowered the
Legislature
spectable
estimate
in
the
citizens.
United States
of the
eyes
of
their
Canada
has
most
re-
laid
the
if
she
popular element
enough
to
adheres
is,
satisfy
to
it.
While
the
the
most
ardent
advo-
PAYMENT OF MEMBERS.
158
rogative of the
Crown
great an extent as
[ch. x.
and
is
represented to as
is
If there be any
is
it
impossible
to
deny, that
it
has
and our
The
dissatisfied.
under
are,
its
the
is
Canada
vast resources of
so
much
accumulating so
rapidity,
fast,
and
its
that a compa-
number
position in
much
en-
the
Crown
in constituting the
of Legislature.
There
and their
to that
will
Upper House
be no
abilities, their
want of
independ-
PAYMENT OF MEMBERS.
ch. x.]
connection with
all
159
not too
much
It
many
and energy
Lower House,
of the
can
command
hundred
the
Roman
Not
more than
may
say
as
we do now
destruction of those
There
of the
is
who would
destroy
it."
payment of a salary
to
members
of the
quae
convelli,
sine
c.
74.
exitio
convellentiuni,
non
PAYMENT OF MEMBEKS.
160
[ch. x.
Legislature, as
United
which
not
States,
it
be overlooked in
is
of the
important should
Canada, namely,
liable
to
the
arise
demand
or whether or
to their legislative
having done so
questions,
is,
that
country.
The
following
is
the
"IN SENATE,
"July
19, 1852,
Hunter moved
amendment
to take
House
up Deficiency
Bill,
with
of Kepresentatives to the
&c, of senators.
"
PAYMENT OP MEMBEKS.
ch. x.]
"
House
the
it
this
money to he paid
retaliate,
to induce
and allow
resolution,
that
161
to the senators,
if it
'
pleased, to
which forbids
actually in attendance.'
is
We
'
know very
is
not
move
to cut
much
of
it
upon
absent from duty, and therefore not entitled under the law,
to
complain of us
be strange, indeed,
if
'
Canada
after
and
many
pathies and
culture,
years'
habits,
growth
and
well-
and
in all those
sym-
in that intellectual
population so
much
so little
PAYMENT OF MEMBERS.
162
The
constituencies
Canada, in
[ch. x.
and representatives of
self-government,
from circum-
If views derived
before them.
it
more
to that
the day,
will
when
now
living
may
see
Canada
nown
Houses of her
Provincial Parliament.
It is
was looked
as the
to
by
its
which
in practice
have
Tucker's
PAYMENT OF MEMBEBS.
ch. x.]
shown
By
to
have
facilitated
and encouraged
it
is,
among
it.
other
163
The heads
On
office."
Mr.
this clause
:*
pelled to entrust
them
to other
to the
government, as
its
secret
The
executive
is
duties
its
to the executive
representatives.
own
to the
One consequence
is,
and
appropriate
home
own
com-
to private interviews
purposes;
is
compelled to resort
(if it
its
suggestion.
Another
869.
PAYMENT OF MEMBERS,
164
[ch. x.
will
cal
the blandishments of
of silent patronage.
to
avow or
and
office,
The
all
any opinions.
to support
Its ministers
seem
to follow,
Congress.
when
It will
politi-
in fact it directs,
assume the
air of a
may
It will
the opinions of
dependent instru-
and
its
of this republic,
it
will
to bring responsibility
way
home
to the executive,
through
its
chosen ministers."
working of
this sys-
was prepared
The
to enter
commencement two
Legislature of
Canada
upon a system of
re-
and on
and
Government.
Canada were
responsible,
PAYMENT OF MEMBERS.
ch. x.]
selves to carry
Parliament.
have done
165
Legislature,
offices,
commanding
at
the legislative
Thus
majority.
upon
acted
and
tination,
But
as
way,
either
there
in
the
open
neither
is
without
in
procras-
face
the
of
day.
president,
and open
Government,
brought
negotiations
to the point at
be taken.
Canada
the
The
could
not be
bring forward measures in the provincial Parliament of such a nature as alone could force
The
questions are
still
PAYMENT OF MEMBERS.
166
[ch. x.
points
referring
North American
into the
Mr.
to
colonies,
to
is,
make
that
it
appoint-
for the
experience,
command
public confidence."
excluded such
the Legislature.f
their
history,
authority
And
why
to
his
the jea-
conspicuous in
men from
seats
great name,
all
the
his
un-
870.
in
of this circumstance in
due
fa-
869.
At
PAYMENT OF MEMBERS.
ch. x.]
vol.
iii.
p.
118,
67
of his
and
"The
segregation
be well
mark
to
in 1834.
He
states, in vol.
it
may
hommes
d'Etat Americains
He
attributes
it (ch.
7)
168
[oh. xi.
CHAPTER XL
THE PRESIDENT'S NEGATIVE.*
It
is
legislation, is far
by the Crown
in this country.
is
it
1, sec. 7,
clauses
2, 3.
money
upon
bills.
different
The
to
is
so settled in
ch. xi.]
Mr.
169
stituted as is
may
those which
arise
from
lation
and unconstitutional
faction,
legis-
President
is
The
down by
the
first article
sident to
bill
are approved
By
by the President,
both
is to
the
any
comes law.
course
Houses,
it
amended
clause 3, if a
is
by two-
of
bill,
bill
be-
negatived
repassed by two-thirds of
becomes law,
the
negative
each House.
If his objections be
is
not
885.
thus
170
[ch. xi.
constitutional
this
power.
and
in
Union
1832 placed
for applying
bill
to local
his
President
improvements
veto on
bill
for
Bank.
national bank
had exercised
He justifies
the use he
tional power,
"There
is
and adds,
made
of this constitu-
three times.
his veto
may
fail
feel to
come
in collision with
to exercise it in cases
good,
may demand
sarily
and wantonly."
it,
it
unneces-
ch. xi.]
Considering
patronage
vast
the
171
the
in
tainly
also
of the
been shown
plaints at
to involve,
its
the principle
all
that
including the
inadequate amount,
it
is
it
has
comabun-
Government
of the
may
to
to pass
through Congress,
policy.
Thus he
is
able,
may be disapproved
of by
and
term of his
variance with
Tyler,
office
the
This was
who was
at
nearly the
882.
I
172
[ch. xi.
And
the
the
Whig"
party,
the
in
House of Representa-
The
President
is
also
suppress altogether,
bills that
may be
adverse
unwise, or dangerous,
as to call
before
upon him,
so
that they
him
in such a
in obedience to his
upon them.
But the
President's
negative
would
be
upon
oblige
any point
such
to
two-thirds
of
both
degree
as
to
Houses of Con-
against him.
Patronage
at the very
ch. xi.]
very questions,
when
country
the
regard for
truest
permanent
173
interests
of
the
Then would be
which M.
De
Prime Minister.
Crown and
the
Government
to the
for a
carry on
is
disapproved of by
Houses of Legislature,
if
la
Democratic en Amerique,
vol.
i.
ch. 8.
174
he
is
[ch. xi.
armed with
him
to
enables
to his
which power
him
to fail
there
is
On
at
moments, when,
is
liable
in his opinion,
it.
popular sympathies,
own.
It is too
cannot be said
it
to
complain of our
House
of
Commons.
enable
him
to
The
Government
patronage in
too small to
is
He
acknowledged
to
fall.
policy,
and when
be in unison with
the
must stand,
his
open and
this
opinion
ceases
of
the
ch. xi.]
House
give
Commons and
of
way
some one
to
175
else.
itself,
presented in
States
only
more
reflect
the
is
it
more anxious
dom
to
of the community,
And when
the United
the Legislature of
but
that opinion
it
slow because
matured
and not
is
its
not
wis-
impulses.
once declared,
is
re-
it is
Against
final.
Government
of
the
the
day,
Crown would
would be
which
it
by no
now
exercise
of
If
it
did,
it
" patronage,"
public
afFairs
it
would be by no indirect
it
would seek
to
support
itself.
It
would be
indicate, to
76
all
the
[ch. xr.
more impres-
sive
may be
It
ciple.
the
of
sense
nation
The
Crown
which
is
a power,
is
Its repose
wisely forborne.
may be
tion itself,
con-
the preservation of
ence
prin-
the
its
means
existence,
and
may be
its exist-
forth."*
it
* Letter
John
Adams,
afterwards
the
second President
i.
of
p. 70),
the
ex-
power of the
Executive was imperfect, and the constitutional balance therefore " incomplete."
ton once exercised his veto, and that six Presidents have done
so.
all
the occasions.]
ch. xil]
177
CHAPTER XIL
THE PEES1DEWS MESSAGE.
We
are
familiar
in
this
country
with the
Congress by the
States, at
President
of
the
United
new
Session.
of the
among
that a respectful
House, in order,
acknowledgment might
might be afforded
for
expressing at once,
I
if
178
[ch. xil
House
either
And
it
may
very
occasionally
it
may
an
require
immediate
expression
of
whether
will
it
the ministry.
But
to the President's
message no answer
is
first
same
in fact, the
as our own.
and was,
Mr.
Justice
it
advantage.
"Under
President Washington
Adams, the
sages
lowed.
make
and
.
this practice
.
When
a speech,
it
President
fol-
by each
House,
ch. xil]
when
which,
At
accepted,
no answer whatever
present,
And
many
this
given to the
is
statesmen to be a change
House enabled
way
of
more
amendment
correct
and
speech,
to
con-
change of proceeding
as
179
to the answer,
its
to
own views
by
propose,
The consequence
was, that
and
it
de-
final vote
leading measures.
is
intervals, as
which
result
it
is,
debates,
on
all
de-
to
and the
this facile
fence
By
an incidental topic in
all
at distant
other discussions,
The
itself in detail,
is
driven to defend
the session."*
It is
change
probably not
of
difficult to
practice,
although
Mr. Justice
895.
180
comment.
The
fact
of either
House
of
is,
[ch. xir.
Legislature
upon
"the
effect in
change that
policy.
refers,
would have
ment
but
it
to dismiss
particular.
The
any one
probably enable
affairs
of
him
to carry
on the ordinary
office.
The
him.
and
late
Whig
his ministry,
duties.
President,
Mr. Filmore,
They were
ch. xn.]
181
measures
to
general
his
spite of
We
policy.
their
see,
Mes-
and
effectually resist
expressed in
Supposing
it
its
four
years
counteract
possible,
which
it
is
not, that a
mained
re-
have been
still
mind
in
England.
common, though
superficial,
at the
criticism
opening of
182
is,
[oh. xii.
that they
sufficiently definite
to
convey
it
convey
all
that
House,
if it
require
it,
is
Crown
to details in
To commit
the
is
of measures
deliberative bodies by
will
be
fully
is
and
at a time
when
it
is
most convenient
for
should be
public.
laid
before
the
ch.
POWERS OF CONGRESS.
xiii.]
CHAPTER
183
XIII.
POWERS OF CONGRESS.
With two
or
Congress are
The
first
In
of taxation.
this
the powers of
They extend
only to
common
"A
power of taxation
The
908.
POWERS OF CONGRESS.
184
[ch. xra.
many questions
little
Mr.
arose,
which
Justice Story,
practical hearing
beyond
The more
war.
sive prerogative of
the Crown,
is
is
the exclu-
placed by
By
hands of Congress.
quoted Congress
the
article
above
is
make
and
water."
The
the
in
instead of intrusting
"
to
"
War
tical
Mr. Justice
make
it
more
being in
its
it
difficult
it
was
to declare war."
and calamitous,
deliberation,
to the President,
cri-
all
POWERS OF CONGRESS.
ch. xih.]
nation."*
185
was pro-
It
that
as
promptitude of action, as
may
occasions as
justify war, it
would he more
a body composed of
it
men
that
it
would be
Mr.
Justice Story
restriction
still
it
all.
to war.
is
on" ought
And
it
to
the
that
who
is
to
ought
to
be entered upon
a propriety in enforcing
tions, as,
of opinion
mining whether
at
to
further
carry
still
greater restric-
thirds of both
Houses
1171.
opinion
fatally
PO WEES OF CONGRESS.
186
[ch.
xm.
easily devoted to
who
flatter
their
....
sometimes
by introducing a
ever a successful
is
spirit of
is
commander
will lead.'
,#
ness by persons
to respectful
and
who have
attention in the
United
States,
most
there
are
not
towards
"military
mind
fame and
it,
to
are
be swayed by those
not, to
any dan-
view do so in
no possible doubt
their influence,
all sincerity,
;
and those
*
there can be
ties
1171.
is
that
of peace arising
POWERS OF CONGRESS.
ch. xiil]
187
will
be
sufficient in
and
to counterbalance
more
in
future, it
It is
Texan and
the
dis-
Mexican
to.
But there
community above
is
no need
to
re-
go back
Government*.
The whole
acts
of their
of the exceedingly
late
POWERS OF CONGRESS,
188
[en. xin.
Mr.
1st
to the
that
fact
States has
public
tion,
much
goes
the
length
beyond
question
entered
into
describes.
that,
and avows,
in
relation to
between
the
United
States,
engagements
to respect
it
States,
to prevent.
John Russell,
February, 1853,
to
Foreign
Mr.
Everett's despatch,
POWERS OF CONGRESS.
ch. xiil]
189
The
attacks that
Cuba "by
island of
from
turers
the
United
States,
with the
the
justified
pretexts, for
by
large,
ultra-democratic
party
or,
if
condemned,
quality of censure as
renewed
efforts.
One
of the
most common
Great Britain
to obtain
was necessary
to anticipate
them by
it
assisting
To
Union.
of Malmesbury,
POWEES OF CONGRESS.
190
[ch.
xm.
and M. de Turgot on the part of France, proposed to the Government of the United States,
that they should " declare, severally and collectively,
would never
fall
into the
Cuba
hands of either of
it."
of his Govern-
on two grounds.
The
first,
Thames
at the
is to
the
mouth
of
England
Lord John
Russell's despatch,
maintenance of
the
present
status
quo in
POWERS OF CONGKESS.
ch. xiil]
91
To
which
in language
John Russell
it
impos-
is
sible to mistake.
"
Her
Her
such a claim.
at once refuse to
admit
West
Government
Majesty's
without insisting
Indies alone,
on the
importance to
Her Majesty an
cannot forego. The
which she
possessions of France
tion
which no doubt
Mr.
will be
above adverted
the
to
Government
strengthen
only
engaged
in
namely,
that by so doing,
the
those
hands
of
the
would
persons
violations of international
to those
new and
law
that,
Upon
this,
truly
POWERS OF CONGRESS.
192
remarks, that
this is
[ch. xiti.
The
force
of public
opinion,
which had
Texas
in
1803, of Florida in
1819, of
quisition of
United
to
States,
whose cry
is,
that
it
in the
is
the
The weakness
of
the
Executive
in
the
at-
it
disavows
and stigmatises.
The
Secretary
for
Foreign
Affairs,
vernment
to take a step
Mr.
Go-
POWERS OF CONGRESS.
ch. xiil]
193
Cuba
nexation of
is to
march
of lawless aggression
and diminish
itself,
it,
and
in support of
Mr.
more
Justice Story,
(instead
war,
of,
in
order to put a
effectual
claring
that,
the
as
at
concurrence of tw o-thirds
r
present,
majority)
of
slight
chance of
little
account
namely,
K
POWERS OF CONGRESS.
194
[ch. xiii.
interested
powers
rights have
those
be respected
however disguised,
will
be met
at
and
however supported,
who
violate them. #
* Mr. Everett
has, since
he quitted
office,
John
of addressing to Lord
letter in
him
to
Russell?
answer to
as the Minister
it
to be chimerical
up
to
for all
much
is still
lying in a state of
nature."
It
may be
asked, " Is
argument of
Cuba
in a state of nature
a
See also the Daily News of October 8, 1853, in which Mr.
Everett's letter, occupying above two columns, is given entire.
POWERS OF CONGRESS.
xm.]
ch.
195
"Nor
my
December, that
me
as a
'
You
What
the
own Government,
in disregard of the
traditions,
had entered
most cherished
two
Upon
less,
this it is to
Houses of Congress,
States,
officers in
members
It is further to
of both
be remarked, that
it
press.
The expressions
suffers."
of
the
by Mr. Everett
himself,
it is
to produce
to be noticed that
On
other paragraphs.
He
states that
is
POWERS OF CONGRESS.
196
[ch. xiii.
him
to
Cuba."
"
Our doctrine
not that
is,
claim to."
to obtain, if
we
why we have
this, it is
desire to obtain
Cuba
at
any
cost,
by the expression, in
same
who
this
a private citizen,"
it."
To the same
And
Union
its
incorporation
with serious
peril."
dress, delivered in
disguise,
cessor
March, 1853
(see p. 228),
When men of
the
first
to
which
all
his prede-
sanction.
adopt, and while others in one breath condemn, and in the next
who
less
will
be ready to
amount of
the matter,
terests of
is
profit
interest
by such teaching.
The greater
or
POWERS OF CONGRESS.
ch. xih.]
when
It is to
I97
is
least of
them
is
whom
the Executive of
encouraged, by
men
lately responsible
now openly
for
the public
sanctioned by the
President.
It will
THE EXECUTIVE.
198
CHAPTER
[ch. xiv.
XIV.
THE EXECUTIVE.
By
is
the
Constitution*
who
holds his
office for
The
object to be
aimed
at in every well-
to
he proceeds
"
The
notion
to
is
and
remark that
not uncommon, and occasionally finds in-
is
inconsistent
To
" It
this
he answers most
is difficult to
* Section
1,
find
clause
any
1.
truly, that
sufficient
grounds on which
1417.
THE EXECUTIVE.
ch. xiv.]
199
human
nature,
To
be the best.
least possible
Government can
subsist, to
modern,
lessons are
different
far
is
a good government.
is
attacks.
prises
.
and
to the protection
nations,
justice,
and
"
tion of the
faction,
and of anarchy.
Government.
A feeble
execution
is
may
whatever
be
its theory,
but another
ill
executed,
government." *
He
"
The
then lays
it
down
that
an adequate provision
The
form of government
are, a
1417.
1418.
due
to the
THE EXECUTIVE.
200
[ch. xiv.
is
The
many."*
of
Executive
the
and
that
this
activity, secrecy,
and despatch,"
will
be
power
in
The manner
is
in
By
ditary Sovereign
is
the Executive.
within the
it is
limits
Crown
are
known and
of
Removed
the
be-
ii.
chap.
vi.
THE EXECUTIVE.
ch. xiv.]
201
control,
tion of
ticulars,
Crown
that
power, the
mentality,
of
responsibility,
Council
is
the
This Executive
fulfil
the
first
And owing
the circum-
all
which
is
stable,
Crown,
authority of the
Parlia-
ment.
THE EXECUTIVE.
202
The
[ch. xiv.
which there
this
is
country
is,
There may be
Executive.
may be
coming
in
indecision in the
to conclusions as to
difficulties
carried
is
it
Under
resist.
chosen by and
"
wholly different.
made
He
is
He
cil,
neither
is
his
responsibility in
divided or controlled.
sible to the
to that office,
ment
any way
which he
is
thus
made
responsible." *
It
might naturally be
* Story,
imagined that an
1427.
THE EXECUTIVE.
ch. xiv.]
officer
203
by the people
high
to this
office of sole
execu-
armed with an
authority so
as
firm,
to
leave no
room
for
he
is
it
last,
and that
is
not
The weakness
so.
Many
very
is
will.
of the
not disputed.
One
obvious
one
that
is,
him
to
do
so,
without alienating
them
him from
position
in fact,
is,
the
which most
country.
That such
is
the inclination of
Mr. Justice
204
THE EXECUTIVE.
Story's opinion
is
following passages
[ch. xiv.
an essential requisite
to the
tive department.
first,
stability
system
With
first, it is
which may
administration
of
em-
regard to
office,
portant an advantage.
A man
it.
He
uncertain
certain
title,
and of course he
will
title
durable or
This remark
is
any
chief magistrate,
office, will
interested in
it
to
at times to prevail
governments.
have any
for office,
his fortitude,
irresolution.
or
weaken
his
integrity,
if
he should
fears, to
or
on
he should,
debase
enhance his
THE EXECUTIVE.
oh. xiv.]
perhaps,
205
who may be
inclined to
as
best recommendation.
its
government.
escape
affairs,
transient impulses
that
it
cannot
and sudden
to
any delusions of
sort.
this
commonly
will
promoting
it.
and the
artifices of those
who possess
wonder rather
their confidence
it
is,
by
more
artful appeals to
It is the duty
and
it
ance they have saved the people from fatal mistakes, and,
in their
moments
office is so short, as to
it
ineffectual
What
and insecure
should
be
?"
resistance be
make
the
proper
* 1430, 1431.
duration
of
THE EXECUTIVE.
206
[ch. xrv.
office for
is,
hand,
it
may be
speculation.
On
the one
The longer
of power.
sibility
be
felt,
On
indulged.
will
be
is,
practically speak-
it to
an intolerable
vacil-
and imbecility."*
Accordingly, during
the
upon
discussions
it
Madison,
Mr.
Executive of
the
Convention
it
By
other
members
of the
ment should be
The
opinion
1435.
1436, note.
THE EXECUTIVE.
ch. xiv.]
only,
prevailed,
and upon
Whether
Justice
Mr.
this
207
it at
is
established, so
is
That
a
it
and character
of the
Government, may be
safely
affirmed.
opinion and
action,
and
felt
may be
seen
not be intimidated in his course by the dread of an immediate loss of public confidence, without the
ing it before a
new
election
power of regain-
confi-
his
they are faithfully and firmly pursued with an honest devotion to the public good.
will still
as well as
to retire,
If he should be re-elected, he
domestic.
And
if
of carrying
policy, foreign
he should be compelled
severed in
or
if
THE EXECUTIVE.
208
[ch. xiv.
office.
At
all events,
the period
The danger
safety.
will
is
become an absolute
legislative power.
It
may be
to the task
Again,
of popular influence
whether, in point of
office,
he may be over-
will
executive
the
magistrate
of
the
we have
seen
above,
He
sible."!
is,
is
made
thus
in fact, the
country, irremovable
the
management
four
for
years,
as
Accordingly
respon-
prime minister of
Mr.
of
The nature
sident,
both at
plicated
wisdom
as
home and
to
importance and
difficulty,
1439.
1427.
THE EXECUTIVE.
ch. xiv.]
office to
acquire what
nistration,
may be deemed
209
the habits of admi-
narrow range
The
executive
and confined
all
to a
the ordi-
and in places
details,
He
is
at
compelled con-
and
to
stances which
to
may
local interests
require
new
exigencies.
adaptations of measures
proper discharge of
all
and
to enable
him
to act
obtained
must be allowed
so as to give
ment."*
It will excite
to
four years.
1440.
THE EXECUTIVE.
210
[ch. xiv.
to take
away a reason-
Still,
elapsed*
to
the subject." f
The
certainly
favour
in
....
not
presumption
strengthened the
of the
The
is to
decide whether he
returned to private
life,
is
to
be re-elected or
The
question whether
conducive
to
the
it
public
interests
that
he
Mr.
is
one which
On
this sub-
eligible
is
in-
* Written in 1833.
1441.
THE EXECUTIVE.
ch. xiv.]
four years.
And
ought not
be again
to
by such a term
diminished,
211
would be greatly
Whether an intermediate
period,
sequent
ineligibility, is a point
left to
the wisdom of
The inconvenience
by generating
agitating
the
attracted as
evils
may
factions,
much
public mind,
attention as
it
deserves.
to
One
either a con-
prevent the
growing indifference
to the election,
hands of the
selfish,
have
of two
fair
or a
many
interests,
passions,
for a
whole nation
affects so
ambition that
it
necessarily becomes
to
a strong trial to
quillity."*
1449.
THE EXECUTIVE.
212
The mode
[ch. xiv.
vice-President,
originally
adopted,
amendment
and con-
of the Constitu-
was (by
sect. 1)
and
art. 2,
for that
number equal
to the
number
of the senators
State),
who w ere
r
to
The
in that article.
Government,
declared.
The
if
be counted
and the
result
But
to
to
be President.
House
of Representatives,
person
from the
whom
five
they might
choice.*
number
The
highest on the
deem
list
the
best qualified
1454.
If
THE EXECUTIVE.
ch. xiv.]
213
On
mode
this
of election
Mr.
Justice Story
had
been
"
felt
The
number
House
of candi-
of Representa-
early foreseen
is
every pro-
This was
it
and that in
number
list
so large a country
for,
many
of votes.
if
the
House
of Representa-
least
and
qualifications.
cabal
may mix
There
is
will
probably long
outlive
And
strife.
the dis-
by the occasion,
the immediate
choice,
and
scatter their pestilential influences over all the great interests of the country.
One
fearful crisis
was passed in
Mr. Burr
214
THE EXECUTIVE.
[ch. xrv.
ment, and put the issue upon the tried patriotism of one
who
or two individuals,
The
amendment
the
to
the
of
1801 gave
rise
Constitution
in
In the
sident.
*
sion
1464.
is
first place, it
mode
here especially
made
to the late
election.
It
made by
The circum-
is
not
number of
make
it
how
The
show
sarily
is
and how
difficult it
may be,
when he is
scarcely fail of being made, whenever a distinguished representative obtains office after an election of President, to which
he has contributed."
THE EXECUTIVE.
ch. xiv.]
215
President;
that the
electors appointed
whom
vice-president, like
the President,
shall be chosen
number
that the
is to
of candidates out of
that the
numbers on the
list
and that
if
no choice
March
is
made
of Pre-
Upon
this
amendment Mr.
remarks, that
"
Has
Justice
Story
it
and blame,
And
to
the
same
effect
tions of
Commen-
taries"!
"
The
election of
difficulty that
ment be
may be
One
*
1466.
1468.
which weighed
% Vol.
i.
p. 279.
THE EXECUTIVE.
216
with
framers
the
of
the
[ch. xiv.
Constitution,
in
of persons
specific pur-
and
discernment,
formation,
for
essential
proper
the
independence,
discharge
of
this
duty."*
To
also describes
much
it
thus
as possible
election to a small
in each State
and has
lature,
left
to
be called together.!
all
electors,
In
answered.
Mr.
Story, 1457.
+ Kent's Commentaries,
vol.
i.
p. 274.
THE EXECUTIVE.
ch. xiv.]
practice,
217
public,
electors are
candidates,
reference to particular
to
the electors
pledge
constructed
is
subverted.
The
candidates
for
the pre-
is
maintained in
the newspapers, in party meetings, and in the State Legislatures, to secure votes for the favourable candidates,
to defeat his opponents.
and
So that nothing
is left to
* Story,
1463.
THE EXECUTIVE.
218
[ch. xiv.
unknown
to the Constitution,
equally
arisen,
side
were to be submitted
either
the electors,
to
total
number
House
of
transferred to
Representatives,
the
in
the
manner
To
prevent
this,
and
to
numerous candidates on
their
side
shall
be
When
the announcement
all
is
made
it,
throughout
the Union, are expected to give their vote accordingly, at the formal
and actual
election
THE EXECUTIVE.
ch. xiv.]
219
for President,
Thus
party
the
is
whole numerical
come
to
the
is
when
that,
found
poll will be
and therefore
will
have
to
whole number
voting,
the votes
head of the
at the
force of each
House
of Representatives.
far
from
the
this
system
bringing
electors
is,
that,
to
bear
and
"their information,
discernment,
selection of a President,
as is expected of
inde-
and do
an individual,
sident,
to
a body, for
whose name, as a
politician, they
of,
absolutely
it
nothing
and
and of whose
office
this
may
they
after
know
having
L 2
"
THE EXECUTIVE.
220
[ch. xiv.
expended many months' exertions, and manifested the highest degree of interest, in favour
more
of one or
of the
Union belonging
in the
This system
many
is
States.
It
asserted that
is
its
effect
is
to
throw the whole business of " President-making " into the hands of professional politicians,
who make
its results.
it
It is
rapidly upon
all
up
Union.
It
has, therefore,
pression, that
very
little
elections,
to
but
that
they
" wire-pulled
are
it
their business
THE EXECUTIVE.
ch. xiv.]
The
last
221
election
presidential
afforded
The
no
than eight
less
all
first
by large
to their party,"
of
that
party
The Convention
among
should be
recom-
these
various
mended
candidates
On
first
meeting on
288
first ballot,
;
majority.
A few specimens
total of
Cass,
of the
will not
manner
in
be without
On
112;
THE EXECUTIVE.
222
Marcy, 28
13
Butler,
Dickenson,
ballot
Lane,
Houston, 8
On
1.
Cass, 33
13
101
Cass,
Cass,
27.
Lane,
twenty-second
the
Douglas, 80
Buchanan,
[ch. xiv.
24
Marcy, 25
Butler,
1.
On
On
the thirty-fifth
131; Douglas, 52
the twenty-
Buchanan,
32.
On
this,
appeared
for
Mr.
that of
gentleman
the
the
House
of
known
well
lawyer of ability
fulfilled
first
Pierce,
New
of
lists
Hampshire,
friends
as
a
a
having creditably
member
of Representatives,
his
to
also as
duties
new name
and
better
of
the
of the Senate
known, however,
as
and
a
as
brigade
General.
in
that
It
will,
war,
with
distinction
the
nevertheless,
rank of
imply no
THE EXECUTIVE.
ch. xiv.]
disrespect
towards
Mr.
223
Pierce,
if
repeat
at
Mr.
Pierce's
On
Mr. Pierce
himself.
the
first
in
he received 15
votes.
On
;
the forty-eighth, he
a vote which
of
5 more would
throughout
Whig
opponent
the
num-
for
The
is,
that
THE EXECUTIVE.
224
stitution,
certain
[ch. xiv.
nominated by the
electors
their best
fill
in this
.of
the
the
to
to decide
be-
Not being
able to agree
among themselves
members
candidates,
in
the
new one
a gentle-
re-
first
If the surprise
was great
not
less,
and was,
if
at this nomination,
it
possible,
surpassed
by
THE EXECUTIVE.
ch. xiv.]
the
favourable
225
that
anticipations
were an-
as justified
by
The
new
democratic
him
for
And
is
now without
may be
had
number
and
since
now but
Mr.
assailed,
little
Pierce's
election,
and he
is
now
THE EXECUTIVE.
226
[ch. xiv.
Union.
nominated
for
would,
supporters
Ins
had been
custom, have
felt
according
known
to
ference in appointments to
all
members
The Convention
the President.
much
being so
Accordingly,
unnamed, and,
unthought
all,
and consequently
of,
pledged to any.
by
for
totally
un-
States.
unanimous in the
by the joint
of
his
Mr.
to
elected by
efforts
of
by a vote
all,
Convention,
the various
and
the
sections
country,
offer
his
patronage
to,
and
to
distri-
THE EXECUTIVE.
ch. xiv.]
bute
among,
it
various sections
persons
and
in
227
belonging to those
some
instances, not
whom
sons
he deemed capable of
sponsible offices,
only,
he
is
limit
of
his
own
of
such
selection
posed
by
to
one section of
to
said
party
to
have led
persons.
to,
opinion
connections
For
for
filling re-
the
in
this,
and
is
sup-
it
and he
is
told
him
restore
Now,
to his
former popularity.
lies, to
to
is
be
If a President of the
ble
United States
is
capa-
to*
and
to
To be
re-elected he
be popular,
it is
must be popular
possible that
it
may be
THE EXECUTIVE.
228
necessary for
him
if
with,
it
[ch. xiv.
to
least,
may be "
disquieting"
in
Wash-
strict
accordance with
ultra-democratic
Mr. Pierce
is
section
doctrines of the
the
of
his
supporters.
" that
it
its
position on
And
avowed
security,
as " fundamental,"
and repose of
this
that
Continent reject
be-
THE EXECUTIVE.
ch. xiv.]
yond
its
22<)
admissible."
It is possible,
and
it is
to be
be probable,
that
doctrines so
may
their assertion
and
point to the
their plain
is,
in
It is impossible
They
Cuba
menacing
acquisition of
may
it
meaning
nor France,
inte-
West
Cuba from
passing
to those of the
United
to inter-
bring about.
Fortunately,
the
despatch of
to,
Lord John
And we may
ac-
THE EXECUTIVE.
230
world"
will
[ch. xiv.
mulgated
in that
document.
These considerations are of the more importance, because a strong indication has been
in
He
member
of the
who has
adding Cuba
The
to the possessions of
proposition to acquire
favour with
that
party
and,
although the
the
fact
of the
sum
of
dollars),
having
accumulated
6,000,000
30,000,000 of
from
surplus
THE EXECUTIVE.
ch. xiv.]
revenue, and
now
231
endeavour
The
to
little
renew
will
Spanish Ministry.
to the
political friends,
New
them, sufficiently
to
to
which
his
endeavours
would be
of
therefore,
directed.
The
" bold
stroke
policy,"
which may restore the popularity of the President and reunite his party,
may
possibly be
Happily
the
for
the
repose,
dignity,
Executive
the
is
the
ex-
above described.
of Parliament,
tional
and wielding
powers entrusted
to
all
the constitu-
THE EXECUTIVE.
232
one hand,
to
still
more an enfeebled
ally,
other powers,
an
weaken
[ch. xnr.
who would, be
act, to interfere.
have recourse
nister should
affected by such
or a mi-
such a line of
to
an impossible supposition in
is
it,
this country.
In relation
in
to the
make
to
some
States, is of
2nd
sect,
committed
of
to
the
treaties is ar-
of the
significance.
2nd
article,
United
is
Upon
this
Mr.
power
to
make
And,
fairly
for a
treaties."*
presumed
"may
be
1516.
THE EXECUTIVE.
ch. xrv.]
233
liberality,
spirit
of
tional
body
to
sufficient
private
of
"a
rights,
privileges." #
Mr.
"
However
safe it
executive magistrate
to
him the
entire
utterly unsafe
may
is
power of making
and improper
treaties, it
to entrust that
remarked, and
would be
power
It has
to
an
been
is
monarch, though often the oppressor of his people,! has personally too
much
at stake in the
Government
to
be in any
But a man
for-
might some-
1513.
and a half
old, or to
to events in English
THE EXECUTIVE.
234
which
it
[ch. xiv.
to withstand.
ment by the
If avaricious, he
If
own aggrandisefield of
might make
enormous
Although
price.
such
occurrences
it
human conduct
human nature
an
not
are
its
most
to the unre-
It is far
more wise
of the power,
The
President
manner
of
United
the
States,
of
the
and the
sidential election,
it
distinctions
and that of
sident,
the
Executive of
this
Constitution
last
country.
By
the
clause
of
the
is
empowered
to
nomi-
1515.
f Article
2,
section 2.
THE EXECUTIVE.
ch. xiv.]
235
and
court,
all
States whose
provided
Mr.
other
officers
the United
of
for.
The power
of Congress has
been exerted
a great
to
The President
ment.
is
and
civil officers,
and
administration
of
officers,
those
especially
all
The
the
courts of
Union
own clerk
The heads
of
But the
is
is
offices.
the enormous
invested with
deputy-postmasters;
much
it
it
is,
per-
does not
1536.
December, 1853,
THE EXECUTIVE.
236
And
xiv.
Mr.
President,
exclusively in the
is
Story
Justice
"probably include
they
[cm
ninety-nine
that
asserts
out
offices
of
the
of
Government."
It
to
ment
offices, it
And
was urged
age subservient
distribute
of the
it
to
to
make
his patron-
On
public good.
this
subject
Mr.
most
delicate
1533.
THE EXECUTIVE.
ch. xiv.]
never better
summed up than
a distinguished commentator.*
pointment of subordinate
'
A proper
and character of
and
ap-
capacities
selection
officers is
237
knowledge
his fellow-citizens
of the
to disregard
The
but
latter is
its
gleam
is
men
Popular favour
is
he
the most
is
of the
trust
to consider himself as
same nature.
Neither
exercise of
The
may be
surprised,
and
public,
uninformed of the
at first dissatisfied
but
The
"
President being
paragraph,
the
as
manner
in
which
it
c.
14, p, 164.
is
ex-
removal
THE EXECUTIVE.
238
[ch. xiv.
dent,
import.
The
Senate was necessary to the removal of a person from office as well as to his appointment
thereto,
The
adopted
Federalist
the
removal from
office
writers of
could be
lawfully
maintenance of
no
view that
the
made
"
The
estness
Story,
tk
Had a most
Indeed
is
it
may be made,
in
and feeble
principles,
Even
in monarchies,
officers of the
Government
ch. xiv.]
THE EXECUTIVE.
9gQ
offices,
But
in a republic,
where freedom
Government,
principles of the
first
if
a successful party
may
bargains
if
men may
them from
office
or if fawn-
may
men
it is
office will
already alluded
to, it
have every
It
was not,
animated discussions
It
would convert
all
the officers of the country into the mere tools and creatures
of the President.
men
men
would be reduced
to
service.
And
if,
indi-
minds
contrary to
office,
they
removed from
office,
and
that, too, at a
THE EXECUTIVE.
240
"
The language
to
[ch. xiv.
of the Federalist
that the
is,
well as to appoint*
therefore, could not occasion so violent or so general a revolution in the officers of the
pected
man
if
he were the
Government
as might be ex-
Where
fitness for
it,
restrained from
On
"
the other
urged by
its
never appears
it
its friends,
although
it
it),
was
that
"Besides,
it
men from
office
to the character of
It
was not
a particular
The man
It was founded
office.
He
must be presumed
*
to elect
him
to
such an
office,
THE EXECUTIVE.
ch. xiv.]
and high
talents.
241
ministering to his
right
and excellent
The
public
own resentments,
officers, for
or of displacing up-
in truth, removals
view
to
bestow the
offices
would be an impeachable
such
to
And,
it.
motives, or with a
One'* of the
most
dis-
Executive, added,
peachable by the
In the
'
House
of
first
power of removal
place
he
in the
be im-
will
Representatives before
the
contend
for I
him
to
of
presently shown.
the
entirely
con-
patriotic anticipations
Constitution
will
be
ci
of dis-
by a bare majority.f
* Story, 1539, 1540.
+ Senate Journal, July
Story, 1543.
THE EXECUTIVE.
242
Mr
[ch. xiv.
it
vote
of Representatives was
of the
mem-
finally-
affirmative
of the vice-president.
made was
dent then in
office,
was asserted
at the time,
and has
The
the country.
cision
and
it constitutes,
case in the history of the Government, of a power conferred by implication on the Executive by the assent of a
for
some time
the
most
un-
zealous
bered
over
this
vast
reach
of
authority.*
is this
general
explanation."
" Until a very recent period the power had been exercised in few cases, and generally in such as led to their
* 1542, 1543.
THE EXECUTIVE.
ch. xiv.]
own
243
vindication.
of President
Few
cause.
Adams.
greatly
President
first
but yet
it
was
circle
move
quent Presidents,
and without
disturbing the
" Since
the
harmony
exer-
of the system.
induction
Jack-
sued
office
matter of
fact;
all
it
This
attention,
of
is
fact, it is
to
has reached
This
of removal, to
a severe
scrutiny." *
The
facts
it
office
by
should be ques-
* 1542, 1543.
THE EXECUTIVE.
244
tioned,
is
it
fessedly
[ch. xiv.
removals (con-
list of
imperfect),
into office,
appears, that,
ments
suls,
marshals,
district
civil
attorneys,
and other
collectors
officers of
very large
These
the
of all
include a
officers
most lucrative
offices
27th September,
except postmasters
been denied
of
it
me
has ever
to
vouch
one-third
Intelligence?-
This
number.
in 1789, down
made amounted
to
to
In President Washington's
place."
Mr.
Postmaster-general Barry's
March, 1830.
+ Note
to 1543.
remove no one
Report of
24th
THE EXECUTIVE.
ch. xiv.]
from
2i<5
office
and
in 184-2
he
power
since that
remove public
officers
Whig
The
party ap-
quent
the
now commonly
as they are
cording
these
common
to
occurrence.
called,
report,
The
been
public
have,
of
prints
offices
acfre-
of
" by the
election
and their
complaint
is,
not
main body
who
and
visit
it
upon
the
President, with
the
THE EXECUTIVE.
246
The
[ch. xiv.
this
system can
the
point which
But
admit of no dispute.
and
of general concern
is
interest, in
Constitution
United
the
of
States,
the
is,
this practice,
framers
of the
Constitution, as so
munity,
remedy
they
that
for
contrary to
the
and even
interests
it,
all
if it
so essential to
com-
liberties of the
could
no other
conceive
impeachment
of the President,
who
should
lend himself to
* The practice
is
is
it.*
The President
opponent.
New
office
still
of Col-
letter
New
ad-
York,
The
THE EXECUTIVE.
ch. xiv.]
is
247
The
fol:
Removal.
" Boston, Oct. 28, 1853.
"
terday,
New
it
yes-
all
THE JUDICIARY.
248
[ch. xv.
CHAPTER XV.
THE JUDICIARY.
The
all
who
live
under
it,
a power, lodged
somewhere, of interpreting
This power has been placed, by the Constitution, in the judiciary of the
This body,
therefore,
is
fail
United
to
appear
to
Eng-
none
States.
invested with an
effect,
and of
THE JUDICIARY.
ch. xv.]
should
Legislature,
249
Act
that
be,
in
their
Our system
of government,
which
is
founded
partly on usage
tolerate,
the Legislature,
when
that of
to
The
preme law
and
obey,
to
matured
which
to
result
of
all
public
submit,
bound
as
the
and of
opinion,
We
ment.
from time
tutions
arise,
to
time,
and we so entrust
it,
in the confidence
may
as occasion
" It is
all
is
times be
lost sight of,
Justice Patterson.
that
Judgment
ii.
p.
of Mr.
Phila-
309.
delphia, 1798.
THE JUDICIARY.
250
sufficient to
or to check
[ch. xv.
and correct
it.
being submitted
to, after
made
all
contrary
as
it,
either
by
cordingly.
it is
composed of an assem-
it
collisions
ac-
was
its
own
judi-
THE JUDICIARY.
ch. xv.]
Mr.
As
251
the Constitution
is
it
is
of
paramount
to follow
This results
obligation.
and Executive
would in
effect
uncontrollable, not-
of the citizens.
The people
and National
The
ment.
Governments, so
far as
It follows, that
when they
judg-
may be
dis-
and ought
"The
to
such an institution
is
To the people
peculiarly valu-
rules
with
THE JUDICIARY.
52
entire unanimity
be established
co extensive
first,
secondly, that
[ch. xv.
it
ought
to possess
powers
department.
the legislative
with those of
was
treated,
United
of the
But these
an axiom of
States], as
political
government.
permanency
The
to the Republic.
judiciary
and firmness.
enforce execution of
its
must be so
the purposes
It
integrity, independence,
all
means
to
It
must
at once
judgments."*
the
of
Constitution
of
the
United
its
powers,
are
provided for
all
how
far
these
adequate means
important
pur-
poses/'
The
first
Constitution
"
is
as follows
in one
gress
supreme
may from
court,
and in such
inferior courts as
Con-
The
THE
ch. xv.]
253
JTTDICIAKY.
and
shall, at stated
which
services a compensation
their
And by
tion
"
and
section
thus defined
is
The
clause
judicial
equity, arising
their jurisdic-
1,
to all cases, in
treaties
jurisdiction;
ambassadors,
controversies
to
of another State
law
to
to controversies
be-
and between a
State, or the
and foreign
citizens thereof,
invested
original
jurisdiction
" in
all
cases affecting ambassadors, other public mi* This clause was subsequently altered by Article 11 of the
Amendments
judicial
extend
of the Constitution,
which
any
suit in
is
as follows
" The
THE JUDICIARY.
254
[ch. xv.
nisters,
which a
in
with
such
exceptions
as
Congress
States, to
diction,"
which the
section
first
are
refers,
Circuit
is
established in
every State.
original jurisdiction
well as the
the
State
courts
article,
Supreme Court,
jurisdiction in respect
judicial cognisance
above
to
cases
and
appellate
within their
obvious
in
motive for
within
the
all
tution."*
* Story, 1590-1597.
THE JUDICIARY.
ch. xv.]
Whether
was
it
in
255
accordance
with
the
Supreme
to fulfil the
duties of judges
courts,
of the
circuit
was
to President
Constitution
the
was
established,
by Chief
Justice Jay
preme Court.
Supreme Court,
it
being" within
the intention
its
of the Constitu-
tion.*
The mode
cial offices
is
first
and
to the
to 1579.
cases
Cohens
v.
v.
Hunter,
and
THE JUDICIARY.
256
The
President
is,
by
[cm. xv.
the
Constitution,*
Supreme Court.
The appointment
by
no Act
to regulate
it.
It has, therefore,
ac-
appoint
all
whose
States
other
of the
officers
him
United
Not
is
;
and there
is
Kent,
Rawle,
and
Tucker,
this,
Article
1599.
2,
have
in their
section
Story,
bestowed
endeavours
2, c. 2.
to
THE JUDICIARY.
ch. xv.]
257
felt,
is
liberties,
and property,
must always
With regard
judges
the
of
They
question.
life
and
no
are
behaviour, by the
is
President,
The
in
conjunction
upon impeachment
for miscon-
duct.
But
judges
the
of
the
inferior
courts,
although also appointed during good behaviour (which the law of the United
mean
interprets to
for
life,
in accordance with
which
is
States
THE JUDICIARY.
258
[ch. xv.
permanence of
their
Upon
this subject,
ments as follows
tenure of their
if its
constitu-
office
all inferior
for services,
new
judges,
courts
of
with
the
suitable
United
salaries,
States
Under
in
this
to
the
Act the
circuits
circuit judges
when the
courts esta-
for the
payment
continuation of their
therefore,
is,
The
offices.
(so far as it is
may
at
is
any
Act,
result of this
office of the
judges
act of legislation,
* Story, 1600-1627.
deprive
THE JUDICIAKY.
ch. xv.]
them
and with
it
How this
can be recon-
take away
been able
259
The system
demonstrate.
is
of
because
fell
it
was
Government.
"Upon
To
his country.
those
who
anxious to guard
to
the States
it
side, are
departments
are
side,
its
great
the language
opinion
warn us of the
may be persuaded
facility
to yield
and
to
its
powers,
is
'
'
It
was
is to
be
in which
decided upon
life,
on which
liberty,
to
be
vol.
i.
App. 360
THE JUDICIARY.
260
[ch. xv.
constitutional
should
Executive or Legislature, or
office
this degree of
and
to decide as justice
consequences.
which
it
regard to
if
them
built
upon the
permanency, and
to be equally incapable
But a
It has
prevailed.
and
Government.
the tenure of
office
station,
a discre-
that although
to ordain
it
office
from the
officer,
by
office,
office itself
remains.
this interpretation
fundamental
Painful, indeed,
seems calculated
pillars of free
is
to subvert
Governments, and
one of the
to
have laid
most dangerous
political
THE JUDICIARY.
ch. xv.]
261
America."'*
And
illegality of the
Mr.
binding upon
vidually
authorita-
themselves
collectively,
as well
as
it
is
indi-
of their
from
it
It
to loosen
tenure
by the judges of
of office
the
the
Jefferson,
" During the latter years of his
the time
life,
offices for
* Story,
of
making the
262
He
THE JUDICIARY.
[ch. xv.
He
" Surely
it will
adapted to
ment
power
to interpret
change
it
at pleasure.
If,
then, the
the
be, that,
office,
his
wise, or
system of government.
more
more
safe,
for the
Would
this be
Would
more
Would
it
The
1618, note.
1618.
THE JUDICIARY.
ch. xv.]
263
which
recommendation which he
repeated
in
a
his
address of 1832.
The
some States
by the electoral body, in others by the Legislature, which, as I shall presently show, has of
late years
made
considerable progress
makes
it
among
desirable that I
upon
this
tracts
parture
more
especially as
the
ceptible
United
"Upon
effects
to sustain
with
eloquence, must in
that
little
the
States.
this
subject,"
of
distin-
all
'
ex-
growing de-
more
can be added to
its
much
Story,
"the
reasoning.
The standard
office
of the
THE JUDICIAKY.
264
of the
modern improvements
ment.
In a monarchy
in the practice
of govern-
an excellent barrier
is
in a republic
it is
to the
a no less ex-
And
can
it
;
[ch. xv.
be devised in any
it is
the different
Who-
departments of
the Constitution,
rights of
political
least in a capacity to
because
it
the community.
The
be
will
The Execusword of
commands
the
The
judiciary,
It
may
arm
of the executive
" This
portant
judiciary
It
departments of pow er
7
that
it to
it
and that
defend
all
possible care
is
may
THE JUDICIARY.
ch. xv.]
265
mains
truly distinct
ecutive.
'
there
is
no liberty
if
the power
to fear
other departments
the
from
its
influenced by
its
can contribute so
co-ordinate branches
much
to its firmness
that as nothing
and independence
and
in a great
Other
are
considerations
urged by Mr.
and other
authorities,
The
benefits,"
he
says,
been already
* The
felt
in
one, in mitigating
1600, 1601.
THE JUDICIARY.
266
[ch. xv.
men
Considerate
laws.
every description
of
ought to
man
our courts, as no
may be
And
a gainer to-day.
not be
tendency of such a
the inevitable
may
by which he
spirit of injustice,
spirit is
to
sap the
duce in
its
and
"
To
indispensable
bound down by
it is
strict
before
them."
To
ous study.
"
Hence
it
have sufficient
is
stations of judges.
that the
skill in
.
men who
them
will
for the
characters
office,
fit
which
1603.
THE JUDICIARY.
ch. xv.]
267
hands
to
and
less able,
conduct
Also:
" It
is
way
to others,
who
and they
the judicial
of
There can be no
In a monarchy, the
department.
a people
naturally
are
be made to
pliant tools of
government, except
sympathies
will
become more
shall
through
the
if
is
enlisted
against
His
But
the cause of
is
in free governments,
for the
moment, are
it is
It is the
more
violent
deemed indispensable,
In
free governments,
more important
citizens,
to
the
security
than in a monarchy
since
of
it
the
is
becomes
rights
moment with
far
of the
the
and unre-
to attain power,
armed
for
1605.
THE JUDICIARY.
268
and
liberties
to
[oh. xv.
people."*
The above
facts
to
ele-
our consti-
it is
considered
how
little effect
such
denounced.
When Mr.
Justice Story's
four States then existing had adopted the principle of submitting the judges to the ordeal of
for a
term of
years.
which
all
number
of twenty-
1612.
THE JUDICIARY.
ch. xv.]
269
all
appointed for
many
At
as twelve years.
ment
In
is
been held by
all
all
the
life
and property,
which, occurring as
it
is
must be regarded
a phenomenon
as
in free discus-
among
traordinary
events
in
Doubtless
has
it
under peculiar
its
constitutional
circumstances,
its
history.
advocates
THE JUDICIARY.
270
[ch. xv.
it
and
The
may be
be the
its
less certain.
The
Mr.
is
described by
p.
At
densed as follows.
sent),
among
the older
may be
i.
con-
and more
settled States
of the Union,
" Connecticut, though she appointed the judges of her
required
all
other
judges
to
good
be appointed
House
of Representatives.'
"Vermont
elected
all
her judges
annually by the
General Assembly.
"
Rhode
Island,
up
to the
all
her
the judges
of
the
"New
THE JUDICIARY.
ch. xv.]
is
271
Houses."
Among
Michigan
Indiana and
also
appointed their
seven years.
inferior Courts
The
four years.
election in Indiana
"The judges
Supreme Court
of the
s.
is
thus
shall be appointed
The
Senate.
Assembly
shall
"
By
of
behaviour.
to
territory, the
continue
in
force
that
permanent tenure
to
commissions
during good
of Ohio and
one of seven
years.
"
Of the southern
THE JUDICIAKY.
272
[ch. xv.
the Supreme
and
Legislature.
the people.
judicial tenure to
since altered,
the election
is
by
to six years,
Houses
and
of General
Assembly.
By
"
the
first
of the two
Houses
recorded.
But by
the Constitution, as
Government,
amended
in
and
1833,
legislative, executive,
and
that
is
of age,
ceding,
and
city,
The judges of
the
The Chancellor
is
This
is
THE JUDICIARY.
ch. xv.]
273
mary
of the different
modes
of appointment of
New York
In that State
and are
is
elected by
who have
who have
who
possess a freehold of
have held
it
250
dollars,
and
the judges
Common
State of
New York
And
in
N 3
274
THE JUDICIARY.
them annually
liable
[ch. xv.
to dismissal
from their
In
Florida the
judges (since
1851) are
six
Wisconsin, and
Iowa,
souri,
and
Mis-
in
California,
for
Ken-
and even in
Maryland,
in
elected
and
1850
of
1851,
the
judges
are
years of age"
first
months
to
the
judges
are
it
appears
appointed by election,
terms of two,
three,
four,
five,
six,
seven,
years.
In
Illinois,
lina, the
appointment
ballot of both
is
by
election
by the joint
good behaviour.
Louisiana has adopted the principle of a
term of years
THE JUDICIAKY.
ch.xv.]
275
Texas
also limits
appointed in
deemed by
all
the
manner
hitherto
and
liberties
of the people
that
it
the rights
by the
is,
is
impossible
to
without recognising in
diffused,
which aims
independence.
rate
it
a feeling, as widely
at putting
The burden
an end
to that
greatest
statesmen
and lawyers
whom
the
upon the
self-will
We
THE JUDICIARY.
276
have seen that
as
back
far
alteration
this
as the year
Jefferson, in his
in
1801, by President
endeavour
the
[ch. xv.
to
bring about an
United States
the
terms of
years
being
We
only.
appointed for
have seen
that,
of the
States,
in accordance
Act,
dismissed, in
manner,
by the Constitution
according to
totally
unauthorised
1829 and
known
in
1832.
also that
from the
to the
Union
and
it
ch. xv.]
THE JUDICIARY.
tility
lation
277
to,
legis-
and by
office
elec-
degraded into
of constitutional
government, as under-
free
in the principles of
countries,
seen, in
Union.
no
less
has been
Its
dual peace
effect, as
all
and
welfare,
live
consideration.
tion,
who
of a genera-
antly evident.
But
its
THE JUDICIAKY,
278
United States
the
Constitution of
the
[ch. xv.
is
The independence
the words of
"
The
more
Mr.
of the judiciary
to use
Justice Story,
facile in
is,
" Nothing
is
pretences, to stir
cise of authority.
selfish
exer-
make them
magistrates, not to
The
them.
tution on which to
make an
who
itself.
Hence, in
spread
mind and
They
They know
full
schemes must
instruments of
subverting
to
their
liberties."*
* 1611,1621.
make
own
the people
rights
and
THE JUDICIARY.
ch. xv.]
Now, by
ments
"
mode
tion, the
279
make amend-
of proceeding to
to it is as follows
shall
when
ratified
the several
in
either
States,
case, shall be
of this Constitu-
conventions of three-fourths
mode
of ratification
may be
proposed by Congress."
"two-thirds
(twenty-seven
stroyed
the
out
the
of
thirty-one)
independence of
by rendering their
offices
States"
several
of
have
de-
the judiciary,
elective,
or
their
for
rising
fore,
in
the
new
extreme west.
When,
there-
Mormon
THE JUDICIARY.
280
New
Valley),
from
must happen
and
Mexico,
erected
territories,
[oh. xv.
Nebrasca,
into
States,
are,
which
have
It
not,
will
be
to
is
expected
also
that
before
the
ultra-
long gain
have
hitherto
yielded
1851.
them
to
in
old asso-
population,
mulating
and
accumulated
wealth,
education,
maintained the
even
Kentucky
them.
ciations,
general
withstood
and
settled
rapidly-accu-
high standard
of
Whig
Massachusetts, where,
if
anywhere
in
even
that State
is
threa-
THE JUDICIARY.
ch. xv.]
281
democratic party
alterations
in
their
adverted
to,
on the recent
trial of
strength,
130,000
total of
votes.
may
mode
to the
democratic party.
It
either
by the concur-
rence of " two-thirds of both Houses of Congress," or " on the application of the Legisla-
it
amendment
own
it
in
several States.
It is clear,
power of doing
so.
And
it
is
now
the
equally in ac-
THE JUDICIARY.
282
terests
their
[ch. xv.
party,
and
their
what
is
presumed
When
so,
effect.
the judiciary of
now
is,
it
" the
of the Constitution,"
liberties of
and there
ment
Under another
way
which
being
is
is
point
of
prepared
the
effecting
view,
for
the
also,
this
destruction
change,
the
of
of
mentioned.
It
is-
and
Senate
*
of
the
1621.
United
PreStates
THE JUDICIARY.
ch. xv.]
must look
and firmness,
to
functions of the
and
men
for
fill
Mr.
learning,
of
Justice
Kent
443
to
the 1st
vol.
"
greater
pose,
this
The United
command better
and
in
says,
circuit
On
the Union.
of his Commentaries, p.
talents,
integrity,
district courts of
subject
283
independence
of
action,
and
and a
their
for
now
so,
liberal
But
support."
so numerous,
and
if
is
uncertain,
not
in those
likely to
is
is
made
States,
become more
degraded, the
be altered, and
men
to
it,
of ability, acquirements,
will not
be found to devote
as a career
of honourable
When
THE JUDICIARY.
284
[ch. xv.
of independence
in that profession,
where
will
be found the
master
make
to
to
mind
to
will
with
act
men
be
fearlessness
public
against
clamour?
And where
membrance
will
July,
and
the
their
their
salaries " ? #
* Since the above was written, an ominous confirmation has
come under
my
notice, of the
work on
me
p. 190,
to
Civil Liberty
it
it
"
would seem by a
It
seems
late reso-
The
is
threatened.
To
'Territories.'"
THE JUDICIARY.
ch. xv.]
of earnest reasoning
285
He
He
is
an
1848
to
reiterates
German people
in
und
in
286
CONCLUDING REMARKS,
CHAPTER
[ch. xvi.
XVI.
CONCLUDING EEMARKS.
The
Mr.
questions to which
Com-
Bill
Right of
Petition,
the
the
General Warrants
no points of
interest
in a
The
ours.
to slavery
and
fugitive slaves
is
touched upon
of
topics
general importance.
which he adverts
to
The
few other
CONCLUDING KEMARKS.
ch. xvi.]
cific notice.
his
287
concluding
either in that country or in this, without exciting admiration for his eloquence,
sympathy
and
in his forebodings
"
The
fears.
their decline,
and their
fall
if,
They
Pros-
cheated out of their liberties by servile demagogues, sometimes betrayed into a surrender of them by false patriots,
who has
for a price
They
They have
ments than in
its
its
They have
reve-
it
to
faction
what belonged
to
the
all solid
CONCLUDING KEMAEKS.
288
and institutions
principles
[ch. xvi.
of government.
the
accomplished
all
will
have
Let
and
if
sufferings,
and blood
life,
and independence.
property, religion,
of liberty,
The
and
fidelity
ments are
are full of
its
the work of
and
its
its
negligence of
its
compart-
for immortality,
aspire to such a
its
arrangements
been reared
only keepers
folly,
the
title.
It
or corrup-
people.
Re-
They
fall
are
Some
considerations,
which
* Story, 1910-1914.
may
not be
CONCLUDING REMARKS.
ch. xvi.]
289
and of
States,
loped
the
in.
its
first
mode
United
of working, as deve-
sixty-five
years of
its
ex-
istence.
The
Commons
its
being composed, as
the representatives of
all
it is
has
that,
now,
of*
classes
and sections
side
of property,
cultivation,
high acquire-
it
directly,
munity
not almost
if
first
enumerated
CONCLUDING REMARKS,
290
Were
themselves,
the
[ch. xvi.
advocates
of
these
mode
of government
far
existing
They
States.
Commons
but, at the
same
time,
House
of
Commons,
in
order that the will of that majority, as represented at the moment, might be brought to
bear at once and without delay upon the legisIf this were to be so,
plain
that
neither
the
Upper House
it
of
and
their functions
would be reduced
Lower House.
government of
this
a pure democracy.
it
to little
to the de-
In
fact,
CONCLUDING KEMAEKS.
ch. xvi.]
291
by every precaution
that
it
framers
as
"a
balanced powers
it
is
subjected
It
to
to
adopt,
described by
is
Constitution
;"
in the
ever becoming,
if possible,
a pure democracy.
is
its
and
of limited
numerous
fact,
and
when
powerful
contrasted
is
greatly
But above
it,
of the
all, it
Supreme Court
the judges
it
always borne in
is
It is
o 2
CONCLUDING EEMAEKS.
292
stitution
to
[oh. xvi.
community
to act in
it.
Act
of the Legislature,
House
of
Commons,
any
we know nothing
to
yet,
of
without
mode
this
of
control,
and
sessed,
government
is
as a limited
endeavour
of those extreme
to assimilate
to those of the
constitu-
United States
for a
If so, they
change in the
CONCLUDING REMARKS.
ch. xvi.]
mode
which
tion,
make
will
that to which
we have
United
of the
to
abandon
" parliamen-
to call
Under
tary government."
from
entirely different
it
tomed.
tem
293
With
exist.
us,
if
the
Under
of
to
Commons, he must
President
nor
Ministry have
necessity for a
Legislature,
carried
House
majority in either
and
have
in
many
on the Government
and four
any absolute
years,
without
it.
for
House
of
instances,
two, three*
The
advocates
Commons
with
its
294
their object
by inducing
the
institutions
[ch. xvi.
this country to
United
of the
adopt
States,
they
House of
the
of
one
for
in both
Houses adverse
by majorities
if
both countries
were
House
the
in
of
Commons
the analogy
that,
instead of
ment
been reduced
to inferiority,
in general estimation,
I
sons
should be sorry
between
it
and by
far
would have
both in position,
and in power.
if,
in
drawing compari-
our system of
constitutional
States, I
least
CONCLUDING REMAKES.
ch. xvi.]
295
to
show that
facts,
marked out
for it
by
and reverence.
their admiration
this in the
have shown
And
plain
of
have been
the Union,
justified,
by reference
in all parts
way
to the
is
still
made
many
It
may
not be
vation in Europe.
and submitted
We
to obser-
CONCLUDING REMARKS,
296
[ch. xvi.
commenting on
to
upwards of
him
that their
him matters
of no
effect
happiness, were to
interest,
and
liberty
this country.
In point of
interest in them.
in existence, theirs
stitutional
the
prove
that
civilised
is
and rational
most
trial
They have
world.
moderate
besides contributing
well-being,
before
go-
free
to
to
liberty,
mere material
CONCLUDING EEMARKS.
ch. xvl]
297
honour
with
reverence,
with imagination,
ence,
and with
science,
and with
art,
all
state of development,
with
man above
the
the highest
to
We
believe, in
is
ing to
all
strengthen
fections
duties
therefore, to
it,
and w iden
T
man who
To
its
basis
thinks aright,
for in so
petuate a great
remove
is,
is
inheritance,
imper-
its
to the English-
among
doing he
defend and
the
first
of
aiding to per-
and perhaps
to
forth
and
defects
foster.
which
But
it is
if
calculated to
he
is
draw
to scan the
his
own
CONCLUDING REMAKES.
298
profit by, or
avoid
The
challenges
why should he
it,
may
[ch. xvi.
him
such inquiry
to
for
it
was, dur-
one
side,
and
many
of
its
fundamental principles
under the
which rose
into
resistance, the
We
have a right
to inquire
how
those theories
to avoid
them.
Into the
weakness, neglect,
or omission of right,
on either
side, there is
CONCLUDING REMARKS.
ch. xvi.]
But
pose, to enter.
if
to
299
ment upon
all
first sixty-five
years of
its exist-
has not shown to exist in our own, and has declined from the high ideal which
claimed for
it,
framers
no apology
to
reverence
for the
honoured
its
owe
spirit of
NOTES.
Note
The
authors of
I.
the
(to
Chapter VIII.)*
"Federalist" (Mr.
Madison, Mr.
men
when
en-
whether
it is
and choice?"
human wisdom
at once
lieved
purposes of
free,
of
civil society ?
it.
effort.
education,! occupations,
* I
may be
they
refer.
+ In municipal
latter.
the former
NOTES.
301
But, without
vernment
for another.
" Elective
hopes of
all
men, but
full
scope to the
of
during
tion,
severe
.trials,"!
may be
to be
In France, in par-
among
fidence
an extent,
between
sound sense
to plausible
the
theories, the
rash surrender of
sweeping away of
the
have, in the
revolution,
first
elapsed
all
but
" that
if
securities for a
moderate freedom
fail
along with
since
literal
1790,
fail, all
it
all
insomuch that
tire
it
will
out,
monarchy should
an en-
probably
be, if
* Letters
p. 98.
if
Ibid., p. 99.
302
NOTES.
earth"*
The
own mis-
its practical
many important
and both in
particulars,
stable
and struggles.
The experience
heroic
its
man-
creation, but a
humanity
the innate
sense of what
may be
it is
* Burke's Reflections
vol. iv. of edit, of 1853.
is
"
"having an
"
" trusting
man;
human mind
it
and because,
and take a better
their will
out,
NOTES.
course:"
human
all
303
world at least)
to
though strengthened,
it
may
panoply of
faith.
nesses,
virtue
men
and
vice, of abilities
The mass
and weakness.
and the
of
ment
ably administered."!
Note
II. (to
Chapter VIII.)
Men
to
George
6.
Edit, of 1833.
By
Professor
304
NOTES.
transition
to the Constitution;
failed,
"New
"
Dear
Sir,
attention and
concerns,
ments
The
7,
1787.
mere personal
must
feel
as are expressed in
me
your letter to
What
prudence,
a
York, January
common
question, but
is
it
is
be done?
to
question
not
and
is
easy to
answer
"
Would
am
inclined to think
it
would not."
that
tendencies
of
large
more
He
then adds
and
judicial.
Not, in
my
opinion, while
NOTES.
305
(to
preserve the
their acts ?
suited to our
strictly democratical."
of the learned
work
of
John Adams,f
same year
its
elements.
And he
illustrates this
all
masterly
He
laid
sort,
may
and the
low."{
Of
men, the
this
Mr.
Adams
The Defence
of the
American Constitutions.
London, 1794,
3 vols.
% " Coloro che ordinano una Eepublica debbono dare luogo a tre
quality de uomini, che sono in tutte le citta, cioe primi, mezzani, ed
Macchiavelli's Works, vol. v. p. 246. [Dare luogo, " assign
ultimi."
ii.
p. 242.
NOTES.
306
the existence
to
ments, " even in the northern States (especially in Massachusetts), as well as in the middle
it
and artificial aristocratical body in every State " would become too powerful.* He considers, however, that they are
sufficiently
stitution,
to
much
so
Upon
as he desired.
this eulogy
our
own
Constitution he pronounces
human
is,
in theory,
have.
of navigation
it
to
be ap-
as far as they
this
to
the
system of Government.
it
in giving a
much
to
my mortification." f
The want
"The
is
and ordinances of the commonw ealth in such a manner that they may support them-
selves
rank has
its
will always
be able
to do,
i.
p.
when each
371
vol.
iii.
p. 124.
whom he
f Vol.
i.
p. 70.
can
NOTES.
confide in
and, lastly,
307
occasion to
wish for a change of Government, either because his ambition is not thoroughly gratified, or that he does not think
Note
"A
Chapter IX.)
III. (to
Constitution based
infallibly to despotism."
So spoke Niebuhr,f
in accordance
with
all authorities
who have dealt with the great question of political government in a truthful and impartial spirit, and on due acquaintance with the lessons of history.
"
The tyranny
of the majority"
is
pure democracies.
it
is
ii.
p. 250.
Life
vol.
iii.
p. 119.
London, 1852.
308
NOTES.]
time being,
may
ment.
with
it,
and holding
It
it is
credit,
an infirmity very
incident to republican establishments, and has been a constant source of anxiety and concern to their most enlight-
ened admirers.
disposition to multiply
and change
and
seems
And
The
its
tendency
Constitution of
Rhode
to
prevent those
evils.
is
number
of inhabitants.
The Senate
city
and town,
It is a
Vol.
i.
i.
NOTES.
The
paper,
plaint
following,
is
opposite
309
men
same in substance
majorities,
by some
shortly,
"
chosen
to
and
differences
divisions)
be governed
....
of minorities,
it on the part
on the ground, among others, that such a
New
four
In the State
legislation.
only.
In Rhode
democratic majority
is
Island
said to
it
was
carried,
have appointed
but the
officers
of
make
An
attempt to repeal
it failed,
and a
bill to
in the Senate
The
it
by one vote."
particular law
now
upon them in
opposition, as they
310
NOTES.
is
of comparatively little
may
and on
even in the older States, over the old mixed and balanced
principles of constitutional government, with all the con-
sequences of
volved.
internal
party opposing
it,
all
the
more painful
many
in-
the
to
instances
and
political
change
but
it is
all
it its
title
Its ulterior
They might be
calculated with
were not the problem complicated by the continual addition to the population of the
numbers
European Governments
men bringing with them the most embittered feelings, and the
most
The
false
politics
and
social life.
and has
falsified
the expectation,
many
They
find too
vigour.
It
presume
to
De
new
M.
tions of
America are
to
be destroyed,
it will
be owing
to
NOTES.
311
The
tion."*
only
the surrender of their own liberties to some one
man, capable of defending them against a greater oppression
and the easy and natural steps by which, in pure
;
and of
Political
Civil Liberty
Economy
Philosophy and
and Self-Government."f
work "
On
Professor Lieber
by one
few, or
man
is
rules
where the
believed to exist.
all
After a
power,
it is
to
believe
already
that wherever
appear strange to them that the new monarch should possess the unlimited
tout-puissant'),
emperor
if
'
indeed
all powerful."]:
it
amounts
And he
to
step,
to
an
to
De
la
Democratic en Amerique,
X Page 330.
vol.
ii.
eh. 7.
312
NOTES.
Note IV.
There
is
(to
Chapter XIII.)
no circumstance which
is
more
directly pre-
of external aggression,
among
and
is
superfluous
to refer
to
momentous
all
the great
subject.
From
Washington
men of the
moment
the
act in opposi-
in their history,
will
The authors
bility of internal
involving themselves
by an
The
Ha-
NOTES.
313
fortifica-
tions,"
is
of the nature of
war
"
But
in a country
vernment
be always prepared
to
to repel
her armies
it,
The
con-
The
of the citizen.
the
civil. "f
General Hamilton distinguishes the case of Great Britain from that of the military powers
on the Continent,
spirit of
government expose us
But
no such danger.
office
our
if it
be
true, in the
talents
to
" if
by
and
men
of cultivation, of high principle, and mawisdom are more and more indisposed to the duties
political life, are well founded, then must the tendency
States, that
ture
of
men
no other
experience in
affairs,
to
govern men.
more
And
Page
43.
page
45.
314
NOTES.
litary
foundations of
its
Note V.
The
(to
Chaptek XV.)
jorities (the
and
is
threatened in
ttie
M. De
tutions of
Tocqueville
America are
is of
to
be destroyed,
it
will
be owing
to
The
a tyrant,
pendence of mind.
tion,
This
is
his
view
of
the
ques-
same
opinion.
If there
But
press,
and
and
of popular instruction,
local institutions,
and of manners,
religion,
to the
integrity
NOTES.
315
power
of disciplined faction,
and well
The
may
lie
The
be.
crafts is party or
all
if it
have
to
which
limited powers."!
to,
"
On
and Serf-Government," denounces the practice of the election of judges by the people in the terms
which it deserves
Civil Liberty
"
As
founded, in
it is
my
is
increased, in so
it, if
it
much
as if all power,
sways as power
tendency, natural to
strength.
all
dent on themselves.
the
first
and
make
it,
"Where
i.
p. 482.
i.
p. 450.
Edit, of 1853.
Page 184.
p 2
316
NOTES.
is
only,
Note VI.
By
officers of
the
and among them, those of the judges of the Supreme Court (together with the State judges): the Chief
Justice to 3000 dollars (600), the Associate Judges of
State,
for 1844,
many
progress in wealth
naturally barren
NOTES.
then turns, "from a sense of
tion of salaries
317
duty," to the reduc-
official
that "it
He
which says,
is
property,
life, liberty,
and character,
administration of justice.
to
be tried by judges as
humanity
as the lot of
and
will
admit
"
and independent
their
by standing laws."
to
salaries
salaries,
he
says,
had been
left
unchanged
salaries.
for sixty
years,
mates that
of faction.
it
has
its
"When
and in motives
jority
and
which uses
its
power
for
First
Act passed
318
NOTES.
a despotism.
is
sive because
it is
In 1853 the
salaries of the
from 2000
It is
2000
to
3000
to
less odious
and oppres-
dollars
Note VII.
The excuse which
in California, from
dollars;
no
in four, from
2000
(to
to
3000
to
6000
10,000 dollars.
Chapter XV.)
it to
is,
that the
for
ments with
make
these appoint-
fairness,
to the
important an
office.
If
it
was true,
trigue had, in
many
Executive of a State,
it is
injustice.
it is
to
qualities rendered
is
the administration
individual States.
many
of the
NOTES.
ground, that
will
it
319
Dr. Lieber, at
p.
The only
vetitive
[?J
tunately
it
power,
is
is
stability of right
many
hostile things
essential
now
at
government of law.
fect
both
to civil liberty.
most
work
In the only
case, therefore, in
to
mo-
dify it."
He
much
New
the opinions of
many
for
some
alterations
which might
De Beaumont,
ful
the work of
MM. De
Tocqueville and
New
make
to
Union
we have now to add the still more
which we would pass over in silence if our
To
this statement
appalling fact,
* Pages 390-408.
320
NOTES.
duty permitted
it,
of a large State
a State
discipline
money
whether
state
this
state of things
have
it
in prison
of having taken
it is
obvious, that a
It
any way,
To
"
and hostile
this
to a
to
government
sound commonwealth."*
press, the
whom
Among
"
mitous
"
of the pardoning
him
power produces
cala-
effects.
it
is
so situated, that,
cannot be expected of
it in many cases."
The individual States are ever anxious to keep alive the
memory of the fact that they are sovereign States. Many
one
of them number upwards of a million of inhabitants
resist
Page 397.
NOTES.
321
sentative
of
dignity,
their
by their
placed,
and personal
collective
suffrages, their
executive
officer,
many
is
calumny has
Governor.
their
some
political par-
upon
society
its
worst criminals;
The
and of the
they hold.
office
4000
dollars
of fifteen,
of one,
from 1500
6000
dollars
to
;
3500
dollars
of California,
10,000 dollars.
Note VIII.
As
(to
Chapter XVI.)
"
The
to
his children,
is
among
the children
Commentaries,
374-381.
p 3
322
NOTES.
" If
'
natural' equality
'
be-
son being the "natural substitute for the want of a paternal guardian to the younger children.'
"
The law
of
"
tion."
"
and females
to the
succession."
" After
and preferred
The law
succession to
intestates
ecrit)
all
to
the
the
female equally.
"
much
Coutumier de France
Nom
des Gaules,'
it
In the
et des Provinces,
'
Nouveau
connues sous
le
to 547.
or
less
considerable.
were excluded
male children.
and
In the
diversities of succession
were
infinite.
NOTES.
"
The
decrees of the
March,
323
1791,
abolished the
first
rights of primogeniture
law of Justinian
the
changes,
of
and
retrospective
justice,
regulated by the
'
a distressing series
after
confusion,
decrees,
and
in-
'
Novel'
making the
" In
Civil,
many
the
of
by the French
on the
and
"
in
in parts of Westphalia.
of the in-
provinces towards
its
subdivision.
gave a
"In
title to
consequence."*
entail,
is
and
as nearly all
of comparatively little
Rhode Island
New
until the
Revolution;
1770
and
in
New
York,
and in Maryland
*
It prevailed in
Page 381.
until 1715.
324
"
Iii
NOTES.
Massachusetts,
Connecticut,
In
Pennsylvania, by the law of 1683, the law of primogeniture was abolished, but the Act
still
The Act
until 1794.
same.
" In the
'
Abstract of the
lished in 1655,
it
Laws
of
New
England,' pub-
"
The
old
tion as being
New England
'
of birthright.'"*
"
The Ordinance
government of the
estates, with-
But
law was
this
to
it is
be subject to
presumed
to
be
districts
"
With
of creating deferred
estates, it is
New York,
the same in
all
the States
'
is
good
(as in
England)
if
f 13th
July, 1787.
vol. v. p. 178.
NOTES.
a
life
or
was that
a.d. 1830,
power
The only
in being.'
lives
New York
325
alteration
made
in the
of alienation to be
lives in
being
num-
tico
"
and
for
months afterwards."
Thus
law on this
ancient and
On
modern times.
policy and abstract right involved in these various and opposite laws
of
men
are likely to
On
natural equity
is
it
Also,
inheritances.
will be
the
power
is
more with
in
political
pediency.
On
it is
that
it is
is
to esta-
an
a ques-
to
practice
most suitable
own country
is
and
The
practice of our
and consequently
prises,
is
to that country.
to all that
power, to
all
326
NOTES.
it
sea,
diffuses
to the doors
and
In a higher point of
it
to
in subordina-
The
tries,
its
different
many
ferent results in
phase of the
degrees,
seen to
is
is
local
effort to
same
All independent
influence have
dif-
the subdivision of
there compulsory.
and
centres of power
lead to
particulars.
inheritances, which
the utmost
it
been swept
Under
the operation
Grand Duchy
Luxembourg, the Rhine
of Nassau, the
Grand Duchy
of
it prevails.
opinion upon
the
German
territory
where
law or custom
candid
differs
own
towards
from
his
many
that
it
is
political point
of view also.
and
is to
will
NOTES.
people, the
tory,
amount
327
He
proceeds to say,
to
.
form
that in his
own
country at least,
"The
The tendency
heritances unbroken.
of these causes, as
them
and
if
is
the inheri-
some
whole entail
on paying to
on his
refusal, the
same
privilege
is
sons successively."*
Note IX.
The above review
(to
Chapter XVI.)
on that subject.
It is undoubtedly true that the general practice in re* Pages 384-5.
328
gard
NOTES.
to the succession of
among all
ville, in
it
the children.
by will
Tocque-
work (Chapter
III.,
ascendancy of the
it
first
established itself
M. De
shadow of a competitor.
Tocqueville expresses
to
march
of
human
affairs."
He
may, in reference
to the basis of
machine
acts of its
own
And
with no disguised
of things in his
own
country, he
scattering,
pieces,
or
on the
is
soil,
power;" "pounding
property and
now
that of a
everything that
it
now
prostrate
presents to sight
dust,
on which
sits
democracy."
That
this is the
all
it
remains for
political organisation of
NOTES.
But other
reflections
are
329
suggested by a reference to
which I venture
to think that
some
force is to
be attributed.
The power
of entail
still
One
State only,
of
it,
New
York,
no essential import-
ance.
I.)
how
in a few of
The
separation.
I think
it is
intestates
the
after
adopted in nearly
them
and that in
all
is still, to
the depth and tenacity of the old principle, and that there
is
something in
it
and more
diffused
prosperity,
allured.
The
perties
fact
is,
accumulated
some
very
southern States
(I
the
in
much
many
made of the
modern law
in
In the
is
as
much
as
pos-
330
sible
NOTES.
And
unbroken.
United States
open
it is
to observe
how completely
the rapidly-accu-
wealth,
all,
or nearly
all,
life
could
it
to places
and
"
people
in
removing
to perpetuate virtue
and renown
in
He
attributes
to
it,
also,
and a
and says
minds
truly, that
of the wealthy
and prosperous
all
you leave
heart,
it
to
He
in the
human
be absorbed by selfishness, or
to
tion.
of love
all
all
tion,
those who,
" polluting honour at
its source,
In
this country
NOTES.
all
331
all
lectual,
Note X.
to
I have said in the text (pp. 23, 86) that there is no need
repeat the well-known refutations of those theories
which
The
full discussion
government underwent
power
which these
end of
at the
men
in
sort
of literature which for the last twenty years has been ad-
new
it
may chance
to
writings of those
who
dealt,
It
is
who has
at
who
hand the
And
nection with the subject of this book, a few of those passages which were bequeathed to the admiration of posterity
332
NOTES.
own
of our
political
The
following
real rights of
rights, as a
"
is
man, in contradistinction
member
of civil society
The pretended
tremes
to his
pretended
false.
The
rights of
men
The
sible to be discerned.
rights of
evil,
men
in
governments
compromises sometimes
in
evil
computing principle
Political reason is a
and
adding
By
almost
is
meet with no
effectual resistance
Men
is
and the
it
can come to
them has no
to
them
can
right incon-
prudence.
to talk
The
is
act,
of the practice
of
it is
vain
national prosperity.
'
They
despise experience
rights of man.'
notes.
binding
is
mise
men,
much
its
333
let
demands
full
The
so
in the length of
tration.
is
its
adminis-
but
question
of
of title
" Far
am
the
give or to withhold)
(if
men.
real rights of
full as far is
my
I were of power to
mean
In denying
to injure those
that are real, and are such as their pretended rights would
If civil society be
totally destroy.
of
man,
all
his right.
made
advantage
made become
itself ie
to live
by that rule
between their
for the
it is
fellows,
Men
have a right
politic
industry fruitful.
their parents;
to
to the
their offspring
death.
and
They have
all its
favour.
combinations of
In this partnership
skill
all
and
force,
men have
which society,
can do in his
equal rights,
334
NOTES.
He
five
it
as he that has
But he
direction
and as
management
must deny
man
civil
and
have in the
to
to
be amongst
in civil society
for I
It is a
convention must be
and modify
formed under
its
law.
all
Every
it.
its
creatures.
do not as
much
as suppose
absolutely repugnant to
society,
civil
rules,
By
is,
this
.its
it ?
existence
One
rights
that no
man
which are
fundamental
first
own governor.
He
He
is,
to
abdi-
inclusively, in
law of nature.
first
Men
uncivil
and of a
justice,
some
of
liberty,
it is
in
it.
"
Government
is
not
made
NOTES.
335
much
abstract perfection
and
it,
exist in
greater degree of
By
practical defect.
much
is
their
Among
these wants
is
to be
upon
their passions.
the
in
individuals, the
inclinations of
men
and
which
it is
its
office to bridle
to those passions
and subdue.
In
this sense
But as the
liberties
and
admit of
is
so foolish as to discuss
men, each
to
positive limitation
upon those
artificial
rights,
This
convenience.
is
it
most
delicate
deep knowledge of
its
and complicated
human
nature and
powers, a matter
skill.
It requires a
human
necessities,
336
NOTES.
"Nor
is
it
prejudicial,
ill
effects it
happens
also
its
may be
excellence
may
arise even
The
from
reverse
at first
view of
little
or
rights above adverted to, he says, that " such remote principles
human
affairs."
He
'
is
and
'
Civil
most immersed
axioms
to
other knowledge,
'
;
'
and in
fruitful.'
"f
Burke's Works,
Sir
vol.
iii.
notes.
Note XI.
337
to,
on
I,
of slavery altogether.
subject
many
that
the
this
continual
what
greatly
many
expression
of
the
opinion
is
when
most
opinions of
far-seeing,
United
States,
this question,
many
and
the
respect
of
know
founded,
and on what
is
is
amount
impossible
that
of vituperation, can
to the
man
or
man
States, be
to a
of intellect
states-
is
NOTES.
338
relation to that
momentous
question.
of combination, which
The
general
it
will be
will tell
unhesitatingly to
their persons,
live
his children
that
among
they trust
among
added
care
their
its
and
profit
it
is
their
property,
their
grown-up
laughed at by the
Har-
rowing descriptions, lofty denunciations, elaborate arguments, are not needed by the one, and are scoffed at by
the other.
But they
how
and
The
hostile
and
opposed
the remembrance of
policy,
all
to ours,
irritating criticisms
live
cent.
notes.
tury,
this,
in this
early
part
of
deem most
inheritance from
we
country,
look with an
precious in their
the past.
are accustomed
to regard
with
re-
to
collisions in the
ral affections
to the
339
equal
and as ready
respect,
to
derive
them capable
spirit of
body of
society.
mutual respect, of
is
tion is not
at
most ready
and consider
it
to enter,
it is
regarded in England.
us
The
we have but
violent
to
his
state
of feeling
half-way in
any
demonstrations
But
more keenly,
of
genuine
in equal measure
And
all
the
unkind
The
to stimulate to
Q 2
NOTES.
340
remark
Europe.
The number
United States
is,
am
all
that
is
most
culti-
and my
convictions are
that
when
it
will
all,
far as they
its solution.
there
is
whom
among them
grounds
is
it
is
looked upon by so
many
On
wider
as an unwarrantable assumption.
still
more
to
be lamented, in
its effect
in
common among
Both these
but
effects are
may be
still
self-assertion,
above adverted
to as
bad enough in a
more
difficult to
be allayed.
is
much weight
in
is
of
is,
is,
it
that
to
be
NOTES.
forgotten that she
is,
341
is
ever
No amount
of agitation in the
United States, or in any part of the world whatsoever, against anything that concerns her internal policy,
rest of the
ment
until she
own way.
met
for,
some
to
will
To
re-
add
tell
They
nothing.
will
them
for
setts,
New
They
Hampshire, Massachu-
and
and
tucky,
facilities for
emancipation were
all
but carried
to
it is
soil,
and repel
They
will
mid
career,
for
a time
NOTES.
342
by the
impossible,
of
irritation
produced
feeling
by
But much
as they resent
their fellow-countrymen,
still
the
interference of
ours,
you
is
will enter
upon
ing subject in
for
vast
all its
them.
Look
cost.
fail to
Sit
at the appall-
Feel
problem
difficulties.
seem
to
tion.
the way
Suggest the
rience
what
for,
little
of your
palliatives
that
own
may
country,
and
may smooth
mitigate, the
recall
crisis.
in the expeto
mind the
wiser counsels that were neglected and the hopeful opportunities that
were
lost.
Be humble
in your anticipations
errors.
of the solution
ment
of action from a
new
starting-point.
Let
it
hence-
forward be a question not of general reasoning and declamation, but of practical detail.
Bend
all
the energies of
notes.
your mind upon that
to look with
efforts for
The
litionists,
343
a better future.*
first
disturbances, produced
took place in
New
by the measures
York, in 1834.
of the
Abo-
Mississippi
and Missouri.
New
In 1S37, President
Yan
Buren, the
who
ference with
it
and the
it
The continued
exists."
agi-
How
way
is it possible,
real
for,
for,
344
NOTES.
Note XII.
The
expression in the
text
298),
(p.
commonly
asserted
best in
the world,"
need
any
United
the
stitution of
is
States
is
justification;
but,
perhaps,
every-day facts to
a few
instances,
"the happiest
"Message"
of 1852, asserts
is,
doubtless,
A very useful
Mr.
W.
Prefixed to
it
are
copies
of several
its
fourth
to
it.
by
edition.
resolutions of the
of
Remarks,"
p. xxxiv,
The
intrinsic dignity of
whose
official
* Philadelphia, 1851.
character, in a
notes.
345
lative assembly, in so
of every other
am
far
from referring
to it as a
excels that
matter of complaint
that such
is
how
and every
fair
tice
with
its letter
and
spirit.
Washington
of
in speak-
lieve."
To the same
effect, also,
The wisdom
the
human
difficulties
inferior minds.
which
Therefore
the
John Adams, in
in
lie
imperfec-
September
17, 1787.
;"
+ March
4,
1797.
Q 3
346
notes.
the inaugural
addresses
And
it.
of
the
two
next Presidents,
of
own work
with-
it,
There
is,
full
of
to the
People
his re-
specimens of true
many
political
of the sub-
"
oppositions to
its
upon
also that
you
its principles,
and thus
directly overthrown.
may be
invited,
In
remember
fix
all
that
the true
NOTES.
347
that experience
is
human
institutions
real
upon the
mere hypothesis
credit of
to perpetual change,
management
of as
much vigour
common
of your
government
Liberty
of liberty, is indispensable.
a government, with powers properly distributed and adjusted, its surest guardian.
It
is,
is
member
maintain
the
all in
rights of person
"
The
powers of
and property."
spirit of
all
of the so-
prescribed
limits
encroachment tends
to consolidate the
and proneness
The
to
abuse
necessity
it
and
innovations
own
some
eyes.
stance,
may
for
weapon by which
free
though
own
them must
in our
preserve
be no change by usurpation
them
of
To
Let there
this, in
it is
one in-
the customary
The
348
notes.
any
any time
yield."
and
it ?
all
it
religion
and mora-
It will be
worthy of a
free,
Who
and bene-
it ?
Can
it
lost
any
by a steady ad-
felicity of
a nation with
its
virtue?
The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas is it rendered
!
impossible by
"
The
nations,
its vices ?
"
in extending our
with them as
little political
commercial relations,
to
have
connection as possible."
must be unwise
ties,
Hence,
therefore, it
and
collisions
of her
friendships or enmities."*
Washington urges
notes.
" In offering to you,
an old and
make
my
349
hope they
will
that
vent our nation from running the course which has hitherto
some
of nations
may be
occasional good
hut
if
may
ever flatter
recur
compense
this
hope
will
be a
full re-
Note XIII.
In Washington's Farewell Address above quoted, occurs
the following passage on the value of religious principles
"
Of
all
triotism,
of
ports.
human
selves,
by
ture.
"
man
suitable establishments,
Upon
previous page.
home
350
NOTES.
men and
The mere
citizens.
man, ought
pious
and public
to
with the
politician, equally
respect and to
cherish them.
Let
felicity.
it
life, if
is
the
ligation desert
And
let
us with caution
without religion.
to
the in-
reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles."
On
is
now
in progress in the
United States on that momentous question, I have ventured to touch in a previous volume.*
The adoption
of
it
it
community.
will be taught at
Sunday
schools,
As
this
question
thoroughly and
has
deeply
this
must be
country,
command
during a short tour in the United States in 1851, to inquire into its practical working in the public schools there.
For
NOTES.
351
New
in
Lake
Cleveland on
and
Island,
my
aided in
finally, in
in the
Erie,
inquiries either
State
of
Rhode
Boston.
by the superintendents of
The
together.
were gathered
facts
found them,
aware either of
my
visit, or of
it
The
result
to,
was
as I have
namely, that of
any Sunday
school, or did
The
information given
me
all his
neighbours.
Dr.
undermined" among
number
me
of
An
to violent attacks in
inquiry was
very soon
some
of the public
instituted
by the
352
notes.
Board
am
was, I
who
at
whole.
its
how probable
ened
it is
that
to the propriety of
some
me by
Dr.
Ed-
will scarcely
admit of dispute.
"
1.
of the
Summary
of
Returns;"
2.
"The Annual
The
document
a voluntary association
is
Report of the
this latter
hends
Of
religion,
to teach
any particular
religion.
not associated, but I have reckoned them, by a large estimate, at the average
associated
schools."
it
bears
basis.
It will be seen
me
as the
NOTES.
number
the whole
of children
353
between
and sixteen
five
(in
total
number
9012
1852, was
Subtract
'
mar
'
Subtract
636
same reason
629
'
.129
1394
Total number of pupils attending the dayschools for the year
1852
column
and
age,'
filling the
'
under
7618
Union
fifteen years of
number
total
....
1947
348
= 2295
man
Catholics, 3
versalists, 2
9 schools
Unitarians, 2
Uni-
of no particular religion, 2
estimated
number
of pupils
1377
Add
for
schools
as
may
be in Sunday schools
204
(estimated)
Total
number
to statistics
and
3876"
354
NOTES.
Dr. Edson's statement to me, founded on general observation, was, " that less than half of the whole
number
and sixteen
7752.
Edson's statement
to
to the attendance at
less
by the pub-
completed by
fair
and
Sunday schools
of Lowell,
liberal estimates.
Edson
is to
It is but the
tween themselves
to report as
and of course
justify,
tendance
to
many
is
as circumstances will
and of inconsiderable
amount.
" It
may be remarked
it
would somewhat
bers," in the
way
two num-
calculations.
When
among
to
it
is
it
is
the custom
to the
Sunday
themselves as teachers,
it is
who neglect
schools,
and
to attend
NOTES.
By
355
to
is,
in England,
coming
it
is
Such persons
will
And
children leave
it.
more
of
them again
If
and
all
to
make the
first
where
is
impresthe pro-
beyond
all
expectation,
who
is to
teach them
The
is
clergy
meet the
The voluntary
teachers,
whatever
may
be their zeal,
cannot be
expected,
ex-
mand
of elementary
And
if
if
tact in using
it,
and then
is
direct
and rapid,
first to in-
That
356
NOTES.
the opinion of
is
Eoman
Catholics,
many
in particular the
Presbyterians or Puritans
irrespective
of
mere
party
common
is
that country
possible.
It is
in
that
is
it
and morality,"
piness, religion
ington,
to
to
in the
me
use the
well to abstain. *
* In
&c,
we should do
" Notes
on Public Subjects."
imputed
volume was collected " under the influence of the ultras of the
high-church party and my own bias." I beg, in the first place
utterly to disclaim any bias towards the high-church party
and in
the next, I assert that my information was collected indiscriminately from a great variety of persons, and without the least attempt
at inquiry as to, or any knowledge of, the tenets of those who gave
;
it
or assisted
me
in procuring
it,
it.
in adducing authorities.
Thus in enumerat-
ing his adverse testimonies, he represents the Bishop of Massachusetts as saying, that
is
not
But we are assured by the Bishop that he was misreBeing asked whether he would not prefer having the
ported.
that
schools more under his control, he said Yes,' but added,
this was impossible, and that he was quite satisfied with the working
of the present system,' of which satisfaction we are not favoured with
attainable.
'
a hint."
'
p. 515.
my own
statement, and in
answer given by the Bishop to Mr. Twisleton, printed in the Appendix to the Eeport of the Select Committee on Manchester and
Salford Education (1852), p. 492; which answer, verified
by the
notes.
357
Note XIV.
It would be easy to quote
United
States
proofs of extravagant
expenditure sanc-
5.
my own
all
common
schools, yet,
The approval
gentleman
is
thus shown to
fact that in his
opinion a more efficient system of instruction could not be permanently maintained for all. This is very different from an assertion that he " was quite satisfied with the working of the present
system."
chusetts, in
for the
November
last,
The votes
For Sectarian
Schools, 65,111
against,
system
is
358
NOTES.
granted by public officers to individuals.
contracts
this
But
natural action.
and
and which,
if so,
public purse
most
Intelligencer.)
Amount
of Congress, by the
for
Dollars.
and Diplomatic
Civil
6,052,770
Invalid Pensions
Navy
1,366,240
45,000
ditto
879,000
Indian Department
Army
Military
7,396,775
Academy
135,958
141,500
Fortifications
....
1,501,290
Navy
6,705,467
1,467,250
Lighthouses
497,025
26,188,275
NOTES.
359
Dollars.
Civil
and Diplomatic
431,861
Indian Appropriations
Rivers and Harbours
Dollars.
1,341,502
45,000
Navy
20,000
473,000
31,000
Lighthouses
2,342,363
"
With
their
follow-
and Diplomatic
Indian Affairs
904,014
675,565
Army
840,167
Military
Academy
....
3,100
578,000
Navy
231,250
Lighthouses
181,120
3,413,216
In addition
to these there
finite appropriations,"^,
e.
"appropriations
dif-
1,300,000
7,035,712"*
Total
It thus appears that (to take the lowest
dollars (upwards of 1,400,000)
were added
sum) 7,035,712
to the
expendi-
This
is
it
Com-
7,055,579.
360
NOTES.
inittee of
or, in
to the
other words,
mind
Note XV.
Presidents of the United States from the adoption of
the Constitution
1.
2.
George Washington
John Adams
7.
Thomas Jefferson
James Madison
James Munroe
John Quincy Adams
Andrew Jackson,
8.
Martin
9.
Wm. Henry
3.
4.
5.
6.
Yan Buren
March
March
March
March
March
March
March
Harrison ...March
10.
John Tyler
April
11.
12.
Zachary Taylor
March
March
13. Millard
;
14.
Fillmore
Franklin Pierce
July
4,
1797, to
4,
1801, to
4,
1809, to
4,
1817, to
4,
1825, to
4,
1829, to
4,
1837, to
4,
1841, to April
1841, to
4,
9,
March
3,
March
March
March
March
March
March
March
1797.
3,
1801.
3,
1809.
3,
1817.
3,
1825.
3,
1829.
3,
1837.
3,
4,
1841.
1841.
March 3, 1845.
March 3, 1849.
4,
1845, to
4,
1849, to July
9,
1850.
March
3,
1853.
1850, to
4,
1853.
NOTES.
361
Note XVI.
LIST OF STATES.
:-
Population
Population
in 1850.
in 1850.
1.
New Hampshire
317,864
8.
Delaware
91,535
2.
Massachusetts
994,499
9.
Maryland
583,035
3.
Khc-de Island
147,544
10. Virginia
4.
Connecticut
370,791
11.
3,090,022
489,333
6.
New York
New Jersey
7.
Pennsylvania
5.
1,421,081
868,903
12.
North Carolina
South Carolina
13.
Georgia
905,999
668,507
2,311,681
New
States:
Admitted into
Population
in 1850.
15.
Vermont
Kentucky
1792
982,405
16.
Tennessee
1796
1,002,625
17.
Ohio
1802
1,977,031
14.
18. Louisiana
19.
Indiana
1791
313,611
1812
500,763
1816
988,734
20. Mississippi
1817
592,853
21. Illinois
1818
858,298
Alabama
Maine
1819
771,671
1820
583,088
24. Missouri
1821
682,043
22.
23.
25.
Arkansas
1836
209,639
26.
Michigan
1837
1845
1845
397,654
192,214
27. Florida
87,387
28.
Texas
29.
Iowa
Wisconsin
1846
1848
304,226
31. California
1850
200,000
30.
187,403
362
NOTES.
Territories
Admitted
Oregon
Minesota
.....
....
....
Total Population
into
1848
Population
in 1850.
20,000
1849
6,192
1850
25,000
1850
1854
1791
No
return
48,000
23,269,498
P PEN
X.
it
House of
Representatives
That
all transfers
and
all
powers
ment
of
And
be it further enacted,
That any
officer of
discharging any
official
Government
House of
Representatives of the United States, who, after the passage of this Act, shall act as an agent or attorney for pro-
R 2
APPENDIX.
364
official
dis-
in the
assist, or in
consideration of having
liable to
the United
States
penitentiary not
discretion
its
shall adjudge.
Sec.
3.
And
be
it
for
claims,
or shall receive
its
discretion
shall adjudge.
Sec
4.
And
shall wilfully
be it further enacted,
to destroy,
APPENDIX.
or,
away any
filed or
or
365
any public
shall,
office,
filed or deposited in
two thousand
dollars, or suffer
imprisonment in a peniten-
Sec.
5.
And
be it further enacted,
That any
officer hav-
ing the custody of any record, document, paper, or proceeding specified in the last preceding section of this Act, who
shall fraudulently take away, or withdraw, or destroy
any
filed in his
office,
deemed
ment
and be
holding any
and
shall for-
from
office
States.
Sec
6.
And
be
it
if
any person or
offer,
or give,
action, bribe,
366
APPENDIX.
member
of the Senate or
House
of
qualified
discharging any
any
seat, or to
officer of
the United
profit, or
States, or
may by
law, or
him
and
payment
who
shall in
officer,
or per-
any part
having jurisdiction
meanors
and
shall,
for
the
trial
of crimes
and misde-
three years
person holding any such place of trust or profit as aforesaid, shall forfeit his office or place
APPENDIX.
any
to hold
office of
367
honour, trust, or
profit,
under the
United States.
Sec.
7.
And
of this Act,
hundred and
payment
and
be it further enacted,
of the
An
Act in relation
to the
8.
And
be it further enacted,
Approved February
26, 1853.
368
APPENDIX.
CONSTITUTION
We,
common
liberty to ourselves
and
ARTICLE
Sectjon
1.
I.
1.
in a congress of the
shall consist of
Section
2.
1. The
memhers chosen every second year by the people
several states, and the electors in each state shall have the
qualifications requisite for electors of the
most numerous
APPENDIX.
No
2.
369
have attained
to the
who
when
elected, be
shall
be chosen.
an inhabitant of that
which he
3.
among
shall be
be included within
to their respective
determined by adding
may
Union, according
this
shall not,
state in
bound
to
numbers, which
to the
service for a
term of
The
other persons.
actual
The number
all
manner
one representative
New Hampshire
shall be
entitled to
New
land
six,
five,
and Georgia
4.
any
When
five,
South Carolina
three.
of election to
5.
fill
such vacancies.
The house
of representatives
officers,
and
shall
shall
choose
their
of impeachment.
Section
1
The
3.
R 3
APPENDIX.
370
shall
have one
vote.
2.
Immediately
sequence of the
may
equally as
senators of the
be assembled, in con-
first
be divided as
The
seats of the
if
shall then
such vacancies.
3.
No
of the
elected, be
when
not,
be chosen.
4.
The
The
officers,
and
also
when he
The
peachments.
When
be on oath or affirmation.
United States
When
all
im-
and
no person shall be convicted without the concurrence of
is tried,
two-thirds of the
members
present.
APPENDIX.
371
7.
office of
and subject
less be liable
honour, trust, or
to law.
Section
The
1.
under
judgment,
to indictment, trial,
for senators
profit,
4.
manner
and representatives,
of holding elections
shall be prescribed in
may
at
The congress
2.
shall
shall
shall
year,
be on the
first
Monday
in
day.
Section
1.
Each house
turns,
rity of
and
qualifications of its
be authorised
to
2.
may
but
may
in such manner,
ings,
a smaller number
may
5.
as each house
provide.
Each house
shall
to
keep a journal of
its
proceedings,
members of
either house on
and the
any ques-
APPENDIX.
372
shall,
two houses
shall be sitting.
Section
1.
The
6.
They
shall,
and
for
for
No
any
to
civil office
Section
1.
office.
7.
house of representatives
2.
Every
bill
may
propose or
bills.
it
become a law,
it,
but
if
it,
if
he
with
APPENDIX.
his objections, to that house in
who
nated,
which
it
have origi-
shall
and proceed
journal,
373
to reconsider
If,
it.
the
bill, it
it
if
come a
But
law.
it
shall be-
names
bill shall
any
bill shall
If
days (Sundays
excepted) after
shall
it
he had signed
it,
adjournment, prevent
its
as
if
unless
the congress,
by their
not
it shall
be a law.
3.
Every
may
him,
or,
to the president of
same
the United
States
and,
by
two-thirds of the
senate
bill.
Section
8.
for the
common
but
defence and
all duties,
im-
::
APPENDIX.
374
and
posts,
States
excises, shall
To borrow money on
2.
the
credit
of the
United
States
3.
To
regulate
nations,
and among
To
establish
To
5.
sures
6.
To
securities
7.
8.
mea-
by securing,
post- roads:
and inventors
9.
To
marque and
re-
water
of
years
13.
14.
of the land
15
and naval
To provide
regulation
forces:
APPENDIX.
375
To
16.
may
appointment of the
officers,
To
17.
to
the
as may,
by cession
of congress,
and
States,
of particular states,
become the
seat of
forts,
maga-
And
18.
To make
all
and
all
government
of the
officer thereof.
Section
1.
9.
of the states
as
any
admit,
to the
year
The
may
require
it.
APPENDIX.
376
3.
No
4.
No
bill
directed to be taken.
5.
No
from any
state.
No
commerce
regulation of
No money
shall be
and a
re-
gular statement and account of the receipts and expenditures of all public
money
shall be published
from time
to time.
7.
No
States
title
And no
under them
shall, without.
United
office,
or
title
of any kind
Section
1.
No
federation;
money
10.
any
emit
coin
bills of credit
of contracts, or grant
2.
No
any
title
of nobility.
cept what
may
imports
or
exports,
exits
APPENDIX.
inspection laws
by any
imposts, laid
No
duties
all
and
state
the congress.
377
United States
to the revision
and
all
and control of
gress, lay
imminent danger
ARTICLE
Section
The
1.
II.
1.
He
shall
hold his
office
during the term of four years, and together with the vicepresident, chosen for the
lows
as fol-
manner
as the
2.
Each
appoint, in such
shall
state
legislature thereof
may
direct, a
number
of electors equal
to the
which the
state
may be
but no
an
elector.
3.
The
electors shall
and vote by
ballot for
shall not be
selves.
And
meet
in their respective
two persons, of
whom
states,
one at least
make a
list
of
all
the persons
for,
seat of the
States, directed to
APPENDIX.
378
The
tatives,
open
all
be counted.
number
of the whole
if
the greatest
number
of
of electors appointed
and
there
if
number
equal
sident
five
and
if
for pre-
highest on the
manner
But in choosing the president the
list
consist of a
states,
member
and a majority of
to a choice.
In every
or
all
number of votes of
But if there
shall choose
sident.
4.
of choosing
the electors, and the day on which they shall give their
votes
which day
shall be the
States.
5.
No
who
shall
office,
APPENDIX.
379
office,
may by law
pro-
officer shall
The
7.
services, a compensation,
been
elected,
and he
he
and
office,
will, to
the best of
my
United States,
and
Section
2.
may
ments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves
and pardons
in cases of impeachment.
2.
He
make
treaties,
provided two-thirds
APPENDIX.
380
shall
all
and which
for,
may by law
shall be established
by law
inferior officers, as
The president
3.
that
shall
have power
to
fill
up
all
vacancies
next session.
Section
1.
He
shall
3.
to the
congress in-
may
journment, he
think proper
he
public ministers
fully executed,
to the
shall
and
dis-
time of ad-
shall
commission
faith-
all
United States.
Section
1.
The
4.
president, vice-president,
and
all
ment
for,
and conviction
of,
civil officers of
office
on impeach-
APPENDIX.
ARTICLE
Section
The
1.
judicial
381
III.
1.
may from time to time ordain and estaThe Judges, both of the supreme and inferior
as the congress
blish.
sation,
tinuance in
office.
Section
1.
and
and
a compen-
2.
under
equity, arising
treaties
made, or which
maritime jurisdiction
to all
to
of another state,
tween
citizens
states,
cases
of ad-
controversies
made,
shall be
to
to controversies
states,
be-
of the
grants of different
In
nisters,
all
state shall be a
party, the
382
3.
APPENDIX.
The
trial of all
and such
trial shall
be held in the
trial shall
may hy law
have directed.
Section
1.
in
3.
No
to
their
person shall
The congress
shall
life
of
ARTICLE
Section
1.
IV.
1.
other state.
scribe the
And
manner
the congress
in
may by
which such
acts,
and pro-
Section
1.
The
privileges
2.
2.
APPENDIX.
or other crime,
who
383
demand
and be found
to
the
crime.
No
3.
state,
consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered
may be
to
whom
Section
New
1.
this
due.
Union
states
;
may be
3.
states, or parts
make
The congress
all
shall
have power
to
dispose of and
and nothing in
to prejudice
ter-
United States
be so construed as
particular state.
Section
4.
this
384
APPENDIX.
ARTICLE
1.
shall
V.
and purposes,
when
ratified
mode
hundred and
of ratification
to
eight, shall in
its
state,
without
be pro-
any manner
and that no
may
its
first article
ARTICLE
1.
VI.
the confederation.
2.
which
shall
and
all treaties
and
APPENDIX.
385
states, shall
be bound, by oath or
af-
office
ARTICLE
1.
The
ratification of the
VII.
tion
between the
386
APPENDIX.
ARTICLE
Congress
shall
I.
or the
ARTICLE
II.
arms
ARTICLE
III.
manner
to
any
nor in time of
be prescribed by law.
ARTICLE
The
IV.
and
issue,
affirmation,
and no warrants
shall
supported by oath or
to
be seized.
to
be
APPENDIX.
ARTICLE
No
387
V.
ment
when
in actual service, in
time of war or public danger; nor shall any person be subject for the
or limb
same
life,
nor shall
pensation.
ARTICLE
In
all
VI.
right to a speedy
and public
trial,
by an impartial jury of
the state and district wherein the crime shall have been
committed, which
tained by law
district shall
and
to
against
him;
and
to
ARTICLE
In
common
suits at
law,
VII.
be preserved
and no
fact tried
by jury
shall
common
ARTICLE
law.
VIII.
inflicted.
APPENDIX.
388
ARTICLE
The enumeration
IX.
by the people.
ARTICLE
The powers not delegated
X.
to the
it
ARTICLE XL
The
judicial
shall not be
menced
foreign state.
ARTICLE
1.
The
electors shall
whom,
XII.
for president
at least, shall
with themselves
they shall
name
son voted for as president, and in distinct ballots the person voted for as vice-president
and they
shall
make
dis-
and of
all
the pre-
all
number
APPENDIX.
sident, if such
number be a majority
of electors appointed
389
of the whole
number
list
But
member
or
And if the
members from
all
two-thirds of
March next
the greatest
number
if
of votes as
such number
and
if
numbers on the list, the senate shall choose the vice-president a quorum for the purpose shall consist of two-thirds
of the whole number of senators, a majority of the whole
:
to the office
Albemarle Street,
January, 1854.
MR. MURRAY'S
LIST OF
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