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)

Example text

The author of The Spirit of the Laws no where that I know of says that it is not inconsistent with liberty that it should be so or that it is reconcileable with his maxim—which Mr. J allows is perfectly consonant with right reason, sound policy, and good sense. But it is not so very common a thing, as he would insinuate, for Lord Chief Justices to be created peers of the realm. It is however confessed there are such instances, and the present Lord Chief Justice of the King's Bench is one. A Peer of the Realm and a Councellor of this province are created by two very distinct powers.

And I shall agree, is perfectly consonant to right reason, sound policy, and common sense. But I believe we shall not so readily agree upon the sense in which it is to be understood. In my apprehension, Montesquieu no where says or would be understood to mean that liberty is in danger, or is lost, whenever any one member {241 BOSTON,1763 of that body which exerciseth the judiciary power is a member also of that body which exerciseth the legislative power—or in other words, when the same person is a judge and [at the same time] a member of one branch of the legislative body.

If we could be weak enough to suspect his Honour the Lieut. Governor of having the wicked design to enslave his country (though I can't make the supposition, even for the sake of the argument, without pausing to ask his Honour's pardon) yet we must be weak indeed to fear him, unless we can also suppose the King, Lords, and Commons of Great-Britain to be in combination with him. Upon the whole, I submit it to all sober men to examine and judge for themselves whether the late indecent clamor and uproar [28} BOSTON, I 763 about liberty and the constitution has not had it's true source in something essentially different from or diametrically opposite to a sincere concern for the public good.

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