High Council

“ 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. ”

“ There are the representatives of all the great sections of the community, of the Church, of the law, of the Peerage, of the Commons. 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. ”

“ 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. ”

“ As the council sprang from the gentile organization the two institutions have come down together through the ages. The Council of Chiefs represents the ancient method of evolving the wisdom of mankind and applying it to human affairs. Its history, gentile, tribal, and confederate, would express the growth of the idea of government in its whole development, until political society supervened into which the council, changed into a senate, was transmitted. ”

“ An ordinary council of one hundred worthies, who assembled twice in each year, and oftener when circumstances made it necessary, to give advice to the Best Man.
3. A grand council of worthies, who assembled once in four years, to admit members [120] to their body, collect the sense of the nation on all public affairs, and aid the Best Man with their judgment in the appointment of Efficients to discharge the executive duties of the state.
The Best Man could only be elected by an unanimous vote of the grand council.
The Worthies are of three orders—the Good, the Wise, and the Useful. ”

“ The Council of Ten was created by the votes, the discussions, and conclusions of a numerous and intelligent Assembly; strong in its united strength; full of political instincts, which did not ignore the truth that the power which by a vote it was about {119} to establish was created to prevent the dangers which men of great ambitions on the exterior, or revolutionists in the interior, might bring to the Republic. ”

“ The king can make no decision in matters in which the council of state are to be heard, unless at least three counsellors of state, and the secretary of state whom it concerns, or his deputy-secretary, are present.--All the members of the council shall, upon due notice, attend all deliberations deemed of importance, and which concern the general administration of the affairs of the kingdom; such as questions for adopting new statutes, repealing or altering those in existence, introducing new institutions in the different branches of the administration, &c. ”

“ 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. ”

“ What a strange thing to call a council, where not merely men walked in and out unbidden, but where a chance traveller could sit down amongst the King's advisers, and give his opinion like a servant of the crown! ”

“ 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. ”

“ New popular authorities had, as it were, of themselves sprung up over the face of the country, and the National Assembly, in place of the royal council, became the centre of government, so far as any government existed. ”

“ 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. ”

“ 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 result is, that the chief is individually and effectively responsible for every act of the government. The members of council have only the responsibility of advisers; but it is always known, from documents capable of being produced, and which, if called for by Parliament or public opinion always are produced, what each has advised, and what reasons he gave for his advice ”

“ 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. ”

“ 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. ”

“ In the course of time some changes were made; men, who by their independent spirit and enlightened sense of duty, threatened to become troublesome, had to make room for others whose ascension to the Cabinet made that great council of state still more wonderful. ”

“ Until the election of the new emperor shall be consummated, the affairs of the state are governed by the actual ministers, who shall form themselves into a council of government and deliberate by a majority of votes. ”

“ We have seen, in our review of the popular branch of the government, how closely its authority pressed even on the executive functions of the administration. The monarch was still further controlled, in this department, by his Royal or Privy Council, consisting of the chief nobility and great officers of state, to which, in later times, a deputation of the commons was sometimes added. ”

“ 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. ”

“ The council shall keep a register of all affairs that may come under its consideration. Every individual who sits in it shall be at liberty to give his opinion freely, which the king is obliged to hear ”

“ By this means our Government will possess what it has always wanted, but never yet had, a Cabinet Council. An institution essential in all Governments, whose situation or connections oblige them to have an intercourse with other powers. ”

“ In reality the lieutenant-governor is a. figure-head, and power is in the hands of the legislature, which consists of two houses, a Legislative Council, appointed nominally by the lieutenant-governor, really by the premier, and an Assembly, chosen by what is practically manhood suffrage. ”

“ The great men who composed our first council—are they dead, have they deserted the cause, or what has become of them? Very few are dead, and still fewer have deserted the cause; they are all, except the few who still remain in Congress, either in the field, or in the civil offices of their respective states ”

“ It provided for a president-general appointed by the crown, who should have supreme executive authority over all the colonies, and for a grand council, elected triennially by the several provincial assemblies, and to have such “rights, liberties and privileges as are held and exercised by and in the House of Commons of Great Britain”; the president-general and grand council were to be “an inferior distinct branch of the British legislature, united and incorporated with it.” The assent of the 422 grand council and of the British parliament was to be “requisite to the validity of all ... ”

“ To my mind the advantages of the Supreme Council outweigh the objections to it. It serves as an effective preventative of backstairs influence which must always be an overpresent danger in absolute Monarchy. It provides for an effective avenue by which outside opinion may reach the ears of the King, and thus enable him the better to understand and appreciate the truth underlying any given situation . It gives to the King the benefit of the wisdom and experience of the ablest men of the Kingdom. ”

“ Provided that none of the children of the late King, nor any of his line or family, be elected to be Lord Protector or other Chief Magistrate over these nations, or any the dominions thereto belonging. And until the aforesaid election be past, the Council shall take care of the Government, and administer in all things as fully as the Lord Protector, or the Lord Protector and Council are enabled to do. ”

“ Good faith forbids us to say more, and we have no desire to be premature, but we think we may venture to add, that it was decided to hold, at an early day, a grand National council, to sit at some central point, and to be composed of delegates from every section of the Union. ”

“ The third major organ at the national level, referred to in the constitution as the government, is the Council of Ministers, which is theoretically appointed by and responsible to the National Assembly but is actually responsible to the State Council. National policy decisions reach the grass roots level through the pyramidal system of people's councils. ”

“ 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. ”

“ The power of parliament is so great and extensive, that it makes, amends, reduces, revives, and abrogates laws, statutes, 111and ordinances, concerning matters ecclesiastical, civil, and military. None can begin, continue, or dissolve this council, but by the King’s authority. ”

“ They represent, or are intended to represent, the nation. The Parliament is, in theory, the nation, assembled at the king's command, to give him their advice. The Privy Council, on the other hand, represents the king. It is the king's Privy Council. They act in his name. They follow his directions when he chooses to give any. Whatever they decide upon and decree, the king signs—often, indeed, without any idea of its nature. Still he signs it, and all such decrees go forth to the word as the king's orders [Pg 86] in council. ”

“ To avoid these disadvantages, the people are always contented to delegate part of their power. They establish a senate to debate, and to prepare, if not to determine, questions that are brought to the collective body for a final resolution. They commit the executive power to some council of this sort, or to a magistrate who presides in their meetings. ”

“ Having laid down the principle that in every State the care of all matters of public concern must be in a Supreme Representative Council or Parliament, freely elected by the whole people, they maintain that any Kingship or other such office instituted in any State must be regarded as a creation of such Supreme Council for special ends and within special limits, and that any one holding such office who shall have been proved to have perseveringly abused his trust, or sought to convert it into a personal possession, may justly be called to account. ”

“ But with you the Council must first hear about everything, and pass its preliminary resolution—and even that not at any time, but only when notice has been given of the reception of heralds and embassies: then you must convoke an Assembly, and that only when the time comes for one, as ordained by law: then those who speak for your true good have to master and overcome those who, through ignorance or wickedness, oppose them. ”

“ After this they constituted a council of forty persons, which they termed a Council of State, whose office was to execute what the Rump should command.
B. When there was neither King nor House of Lords, they could not call themselves a Parliament; for a Parliament is a meeting of the King, Lords, and Commons, to confer together about the businesses of the commonwealth. ”