By Charles S. Hyneman, Donald S. Lutz

ISBN-10: 0865970386

ISBN-13: 9780865970380

American Founding and structure

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The question then to be considered is, whether it be inconsistent with, or dangerous to, our political liberty (taken in this complex sense) to have the Lieut. Governor, or the Justices of the Superior Court, members of His Majesty's Council for this Province? Q. Q. 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.

Let all concerned in the Administration of Government, be excited to Unanimity and Fidelity in their respective Trusts; to prevent as much as possible any Schism in the Body. And by expressing their Care for the Members, promote public Harmony and Prosperity. However different their Ranks, Offices and Duties, they are all connected, and tend when properly [20] conducted, to one End. There is no Discord or interfering in the Constitution', and if there be among those that administer public Affairs, it indicates a Defect in Capacity or Integrity—it arises from unruly Lusts or turbulent Passions, and not from the Nature of their Offices.

J says, have their seats and voices in parliament; it is no uncommon thing for them to be created peers of the realm, at or after the time of their appointment to their respective offices. Be it so. 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.

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American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2) by Charles S. Hyneman, Donald S. Lutz


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