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)
2) Considering Councellors as councellors or advisers to the commander-in-chief, the objection is grounded on a wrong supposition for, in the case put, we should not in fact be deprived of one of our able councellors unless it be said that because he is commander-in-chief, therefore he must not consult his own understanding. (3) Considering them as legislators, the most that can be said is that in this case we should have but twenty-seven of twentyeight members in one branch of the legislative body, a case which often happens without any apprehensions of danger to our political liberty.
By the power of rejecting, the author of The Spirit of the Laws tells us, he means not the right of ordaining by their own authority or of mending what has been ordained by others* for this is the power of resolving. If a prince says he should have a share in legislation by the power of resolving, liberty would be at an end. Mr. J then should take away from a Councellor his essentialpower which he partakes in—of ordaining and amending what has been ordained by others—or his argument fails. " A comrnander-in-chief, if he is a Councellor, has another part in legislation besides the power of rejection and a share in the public debates.
But it has happened, and how soon it may happen again can only be conjectured. " Whether, if his honor the Lieutenant Governor should be left out of the Council, some other gentleman might not possibly be found qualified to fill his seat or whether we should be totally deprived of an able Councellor forever without any hopes of ever repairing the loss, is a question quite new. I choose for prudent reasons to waive it, at least till I hear further from my friend Mr. J. [3} u. , is apparently responding to an altercation in the Massachusetts legislature.
American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2) by Charles S. Hyneman, Donald S. Lutz