Council of Ten

“ But the Council which Temple proposed was so framed that if, instead of thirty members, it had contained only ten, it would still have been the most unwieldy and discordant Cabinet that ever sat. One half of the members were to be persons holding no office, persons who had no motive to compromise their opinions, or to take any share of the responsibility of an unpopular measure, persons, therefore, who might be expected, as often as there might be a crisis requiring the most cordial co-operation, to draw off from the rest, and to throw every difficulty in the way of the public business. ”

“ But if general councils are not held, all these evils spread and flourish. We therefore decree by this perpetual edict that general councils shall be held as follows: The first one shall be held five years after the close of this council, the second one seven years after the close of the first, and forever thereafter one shall be held every ten years. One month before the close of each council the pope, with the approval and consent of the council, shall fix the place for holding the next council. If the pope fails to name the place the council must do so. ”

“ Each department contributes, in proportion to its population alone, to the selection of the members of the Council of Ancients and of the members of the Council of the Five Hundred.
50. Every ten years the legislative body, according to the lists of population which are sent to it, determines the number of members of each council which each department shall furnish. ”

“ The generals should be provisionally elected from the whole body of the Five Thousand, but so soon as the Council came into existence it was to hold an examination of military equipments, and thereon elect ten persons, together with a secretary, and the persons thus elected should hold office during the coming year with full powers, and should have the right, whenever they desired it, of joining in the deliberations of the Council. ”

“ In presence of the danger which encompasses you, Representatives of the people, your committee felt it incumbent upon it to call you together in special session to inform you thereon; it felt it to be its duty to spur the deliberations of the Council on in deciding what part it was to play in these circumstances. The Council of Ancients holds in its hands the means of saving the country and liberty; it would be doubting its prudence, it would be doubting its wisdom, to think that it will not grapple the problem with its accustomed courage and energy. ”

“ For their creation, they are equally obliged to both the other branches; so that there is little or no bias in favor of either; if any, it is in favor of the prerogative. In short, it is not easy, without an hereditary nobility, to constitute a council more independent, more nearly resembling the house of lords, than the council of this province has ever been by charter.
But perhaps it will be said, that we are to enjoy the British constitution in our supreme legislature, the parliament, not in our provincial legislatures. ”

“ But a body of councillors, are never without some other authority, either of judicature, or of immediate administration: as in a monarchy, they represent the monarch, in delivering his commands to the public ministers: in a democracy, the council, or senate propounds the result of their deliberations to the people, as a council; but when 232they appoint judges, or hear causes, or give audience to ambassadors, it is in the quality of a minister of the people: and in an aristocracy, the council of state is the sovereign assembly itself; and gives counsel to none but themselves. ”

“ At the request of the commons, the lords, in the King's name, appointed nine persons to be a permanent council, and it was resolved that during the King's minority the appointment of all the chief officers of the crown should be with the parliament. ”

“ Indeed, all projected laws emanated from the government and were prepared by the newly established council of state, which was so well recruited that it easily furnished qualified men, mostly veterans of the revolution, to prepare the final scheme. ”

“ In view of these difficulties, the opinion which tended to assure the success of one at least of the great tasks before the council, viz. the re-establishment of unity by the election of a single pope, finally prevailed in despite of Sigismund. The general reform on which the council had failed to come to an understanding had to be adjourned, and the council contented itself with promulgating, on the 9th of October 1417, the only reforming decrees on which an agreement could be reached. ”

“ The exclusion of one half of the counsellors from office under the Crown, an exclusion which is quite absurd when we consider the Council merely as an executive board, becomes at once perfectly reasonable when we consider the Council as a body intended to restrain the Crown as well as to exercise the powers of the Crown, to perform some of the functions of a Parliament as well as the functions of a Cabinet. ”

“ In the administrative tradition indeed of the last hundred years the Council had become all-important to the Crown. It brought it in contact with public opinion, less efficiently, no doubt, but more constantly than the Parliament itself; it gave to its acts an imposing sanction and assured to them a powerful support; above all it provided a body which stood at every crisis between the nation and the monarchy, which broke the shock of any conflict, and which could stand forth as mediator, should conflict arise, without any loss of dignity on the part of the sovereign. ”

“ From the date of our charter to the time of the Stamp Act, and indeed since that time, (notwithstanding the misrepresentations of our charter constitution, as too popular and republican,) the council of this province have been generally on the side of the governor and the prerogative. For the truth of this, I appeal to our whole history and experience. The art and power of governors, and especially the negative, have been a stronger motive on the one hand, than the annual election of the two houses on the other. ”

“ One thing should certainly be done—the giving of concessions ought not to be in the power of Controllers, nor if Consul-Generals are amalgamated with Controllers as Residents should these Residents have this power. It ought to be exercised by the Council of Notables, who would look to the welfare of the people. ”

“ Others laboured to have the supreme authority to consist of an Assembly chosen by the People, and a Council of State to be chosen by that Assembly, to be vested with executive power, and accountable to that which should next succeed, at which time the power of the said Council should determine. ”

“ These hee-hee councils splendidly illustrate the inconsecutiveness and inconsequentiality of the Folk. Here were we, drawn together by mutual rage and the impulse toward cooperation, led off into forgetfulness by the establishment of a rude rhythm. We were sociable and gregarious, and these singing and laughing councils satisfied us. In ways the hee-hee council was an adumbration of the councils of primitive man, and of the great national assemblies and international conventions of latter-day man. ”

“ Nevertheless, the higher a man is placed the more independent he is, and the greater confidence the people have placed in him the more he has need of enlightened and conscientious councils. Thence the creation of a council of state, henceforward a veritable council of the government, first wheel in our organization, a collection of practical men, elaborating bills in special commissions, discussing them with closed doors, without oratorical ostentation in general assembly, and presenting them afterwards for acceptance to the legislative body. ”

“ The Chamber of the Princes further insisted that the decisions already published by the Council should be reconsidered. The lay Electors held that Scripture should be the only authority on matters of dogma, and wished for reform of the Church in ‘Head, and members’; the deputies from the imperial cities requested that the Council should be composed of learned men of all orders. Some desired that the Council should be under the presidency of the Emperor, and although this was not demanded by the whole Diet, nothing was said of the necessity of papal approval. ”

“ The bishop having fled from his bishopric like a hireling,—the prince having run away from his principality like a conspirator,—the citizens resolved to take measures for preserving order in the State, and to make the constitution at once stronger and more independent. The general council delegated to the three councils of Twenty-five, Sixty, and Two-Hundred the duty of carrying on the necessary business, except in such important affairs as required the convocation of the people. A secret council was also appointed, composed of the four syndics and of six of the most decided huguenots. ”

“ The council convened, and being opened, the British Commissioners informed the Chiefs that the object of calling a council of the Six Nations, was, to engage their assistance in subduing the rebels, the people of the states, who had risen up against the good King, their master, and were about to rob him of a great part of his possessions and wealth, and added that they would amply reward them for all their services. ”

“ To assist the Emperor in the weighty affairs of state, and in the arduous task of governing an empire of so great an extent, and such immense population, the constitution has assigned him two councils, one ordinary, and the other extraordinary; the ordinary council is composed of his principal ministers, under the name of Collao, of which there are six. The extraordinary council consists entirely of the princes of the blood. ”

“ Your Majesty will doubtless wish to secure the advice of a few of the wisest men of the realm. Such questions might well be referred by Your Majesty to the Supreme Council for their advice and suggestion, always reserving the power of final decision to Yourself. In other words, my conception of the functions of the Supreme Council under such a scheme of government would be that it should from a purely advisory body to which the King might turn for advice on question of large policy. It should have nothing whatsoever to do with the executive work of government. ”

“ For what each of the senatorial chiefs or delegates, and all the cantons, pronounced proper, there was no one, in a patriarchal community, to lisp a word against.
So little power was abstracted from each tribe, and conceded to the federative council as a fixed government, that it seems not without scrutiny, that we can perceive there is any. This is, however, certain. One of the six primary sachems, was selected to preside over the general councils. ”

“ Article First of the Constitution of the United States creates, apportions, and regulates the legislative power of the Government with clearness and precision. A paragraph of Magna Charta provides for the holding of the general Council consisting of Archbishops, Bishops, Abbots, Earls, and greater Barons of the realm to be summoned "singly by our letters." This, however, as well as Alfred's Witenagemote, answered {129} rather the idea of a great council—it was an aristocratic body—the origin of the House of Lords: all that was possible at that day. ”

“ At the same time, however, that both our Secretaries of State, many of our Privy Councillors, war Councillors, forest Councillors, and finance Councillors, are to be reckoned among the second class, still not one of these exalted individuals, who from their situations are necessarily in constant personal communication with the Sovereign, ever see that Sovereign except in his Cabinet and his Council-Chamber. ”

“ Under this constitution the legislative assembly appoints the five substitutes of the president of the state, and also the three justices of the superior court. A council of state is created, to be composed of the president of the state, the last president of the legislative assembly, the president of the superior court, and the attorney-general of the state. ”

“ The estates of the Ile-de-France demanded that the council and government of the King should be formed according to the ancient constitution of the realm; that the accounts of the previous administration should be examined; that the queen mother should be removed from the government and be content with being guardian of the King’s person; that no stranger be admitted to be of the council ”

“ The people, or an assembly cleverly made up and manipulated to represent the people, were induced to vote all the powers of government into the hands of a council of Four Hundred, of which council the citizens appointed only five members. ”

“ Nor did it follow that because a man had been called on one council he was to be summoned again. For one piece of business, twenty out of the hundred men on the list might be warned, and for another, only eight. There was no rule, and no usual course of things to take its place. The function of councillor, like the rank, depended on the Sovereign's will, and, in a sense, the function always continued something apart from the rank. In this we have the germ of the future organization of the tchine. ”

“ Every measure of the Assembly must secure the approval of the Legislative Council, the members of which were appointed for life by the governor-general, and added to this the measure must then receive the royal assent before it became operative. ”

“ The provincial council was for the whole state; the district committee for the safety of each district, and the county and town committees for each county and town.
It was through the thought, loyalty and enduring bravery of the men who constituted these committees, that we of today have a constitution that gives us "life, liberty and the pursuit of happiness"—in whatever manner pleases us, so long as it does not trespass on another's well being.
We do not give half the honor we should to our ancestry, who have done so much for us! ”