American Political Writing During the Founding Era, by Charles S. Hyneman, Donald S. Lutz

By Charles S. Hyneman, Donald S. Lutz

American Founding and structure

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Extra resources for American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2)

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Ufacturers and Labourers, are prone from a certain Littleness of Mind to imagine that their Labours alone are of any Consequence in the World, and to affect a Contempt for all others. It is not unlikely then, that the lowest and most despised Sort of Soldiers may have expressed a Contempt for all other Orders of Mankind, may have indulged a Disrespect to every Personage in a Civil Character, and have acted upon such Principles of Revenge, Rusticity, Barbarity and Brutality, as have been above described.

But I cannot see why he need to insist upon it, for it does not appear to me to be necessary [in order] to form an adequate idea of liberty. " This Mr. J says is perfectly consonant to right reason, sound policy, and common sense. And yet he very soon after tells us that it is not to be understood that liberty is in danger when [an executive officer is] one member of that body which exerciseth the legislative power. But I should think, and I believe it is obvious to any man, that according to the aforesaid maxim, liberty must be in danger in proportion to the degree of influence which a single member of one body may have in the other.

That Judges may be members of the legislative body in perfect consistency with the constitution of England and with Montesquieu's maxim. I will only add here that if my argument is conclusive with respect to England, which I presume cannot be denied, it is so a fortiori in regard to this Province because our Board of Councellors is not the Supreme Court of Judicature here, as the House of Lords is there. I come now to consider "whether a Lieut. " I must here first premise that to assert: "There can be no liberty where he who exerciseth the executive power, has any share in the legislative"—is such a mistake as I cannot suppose the great Montesquieu to be guilty of; because it is well known, that by the constitution of England, of which (it must be remembered) he is speaking, the King, who has the sole exercise of {26} BOSTON, 1763 the executive power and is therefore by our English lawyers called "the universal judge of property"—"the fountain of justice"—"the supreme magistrate of the kingdom, intrusted with the whole executive power of the law," and the like,—has also an essential share in the exercise of the legislative power; namely, the power of rejecting.

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