Common council

“ In these official papers two principles are prominent: one that nothing should be debated or voted in the parliament (the majority representing the people) “but what is proposed to them by the council” (the majority representing their lordships) ; the other “that the whole foundation of the government is settled upon a right and equal distribution of land,”—for the Proprietors and provincial aristocracy, first; then the common people could have their subordinate little share. ”

“ Common deliberation on common affairs is the principle, as well as the most simple form, of political liberty. This principle fully obtained at the infancy of modern nations. The national assembly was the great council in which public affairs of every kind were transacted. ”

“ It is also advisable when the council is to be composed of part of the citizens, to elect, either by vote or lot, an equal number of both ranks. It is also proper, if the common people in the state are very numerous, either not to pay every one for his attendance, but such a number only as will make them equal to the nobles, or to reject many of them by lot. ”

“ In the last petition of this council the commons pray, "because many articles touching the state of the king and common profit of his kingdom have been agreed by him, the prelates, lords, and commons of his land, at this council, that the said articles may be recited at the next parliament, and entered upon the roll; for this cause, that ordinances and [Pg 51] agreements made in council are not of record, as if they had been made in a general parliament." ”

“ Thomas (21 Dec.) the obligation of electing only such men to be members of the new council as had conformed with the provisions of the Corporation Act. The king's letter was by the mayor's precept read at each wardmote on the day of election.1530 It was hoped that by this means a Common Council might be returned which might be induced to make a voluntary surrender of the City's charter instead of forcing matters to an issue at law.1531 ”

“ 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. ”

“ 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. ”

“ And whereas this, in case the commonwealth consist of a whole nation, is too unwieldy a body to be assembled, this council is to consist of such a representative as may be equal, and so constituted as it can never contract any other interest than that of the whole 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. ”

“ The most prevalent idea I think at present is a total change of the federal system, and instituting a great national council or parliament upon the principles of equal, proportionate representation, consisting of two branches of the legislature invested with full legislative powers upon the objects of the Union ”

“ They would require closer attention at the moment of creation. The main matter is that each council would control its own affairs by the direct representation of all the people in the country engaged in its practical conduct. And these special interests would meet the direct representation of the Nation by Assembly in the Government of the day. ”

“ In the performance of purely administrative duties, all the members of the council might without difficulty agree, and their coöperation in their proper work might be perfect, notwithstanding possible differences of opinion about matters of legislation. ”

“ In practice, however, virtually all measures emanate from the Greater Council, and if the private citizen wishes to bring forward a proposal he will be expected to do so by suggesting it to the Council rather than by introducing it personally in the assembly. ”

“ With us, when we elect popular representatives, we send them to a council in which each man individually is a subject, and submitted to a government complete in all its ordinary functions. With you the elective Assembly is the sovereign, and the sole sovereign; all the members are therefore integral parts of this sole sovereignty. But with us it is totally different. With us the representative, separated from the other parts, can have no action and no existence. The government is the point of reference of the several members and districts of our representation. ”

“ It shall have the power to adopt any and every measure it may deem necessary to secure the success of the organization; provided that nothing shall be done by the said national council in violation of the constitution; and provided further, that in all political matters, its members may be instructed by the state councils, and if so instructed, shall carry out such instructions of the state councils which they represent until overruled by a majority of the national council. ”

“ 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. ”

“ If a public improvement is agreed upon, the districts and communities interested, make an appropriation of necessary material and labor, and the work is pushed forward. In all things this great council is advisory in its character and the executive committee only takes such action as the people have agreed upon, and when any matter has been agreed upon the executive power acts at once without question. The will of the people is the law which no one ever assumes to question. ”

“ 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. ”

“ Being disappointed in their expectations, the minority in the administration and all worthy citizens of this State, whose minds are well informd regreting the peculiarities of their Situation place their fullest confidence in the wisdom & moderation of the national council, and indulge the warmest hopes of being favorably consider’d in their deliberations. From these deliberations they anticipate a political System which must finally be adopted & from which will result the Safety, the honour, & the happiness of the United States. ”

“ 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. ”

“ But in any matter of great importance the people are not compelled to wait for the regular meeting of the council, but may by the action of the communities place the matter before the executive committee which meets every day, and it becomes their duty to submit the question to a vote of the people. In this way, under this system, the people can always secure prompt action, as it is the duty of their officials to serve, but not to govern, as they do in the outer world. ”

“ From the time of the Revolution the House of Commons has been gradually becoming what it now is, a great council of state, containing many members chosen freely by the people, and many others anxious to acquire the favour of the people ”

“ Still if any Council is admitted in matters of doctrine, those who have appealed to it must abide by the determination of the majority, however they might prefer the opinion of the minority, just as in acts of Parliament. ”

“ 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. ”

“ Besides, the giving a share in the choice of the grand council would not be equal with respect to all the colonies, as their constitutions differ. In some, both governor and council are appointed by the crown. In others, they are both appointed by the proprietors. In some, the people have a share in the choice of the council; in others, both government and council are wholly chosen by the people. But the house of representatives is every where chosen by the people; and therefore, placing the right of choosing the grand council in the representatives is equal with respect to all. ”

“ The direction, ceasing to fulfil its theory as a {53} council formed of members who possess equal powers, falls under the control of some one member of superior cunning, will, or wealth, to whom the majority become so subordinate, that the decision on every question depends on the course he takes. ”

“ 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. ”

“ 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. ”

“ All these state institutions are called Workers' Councils and are assumed to be Councils, but the power exercised by them is 'Council power' only by virtue of the fact that those who lead these institutions, the representatives of the top echelons of the Party leadership, are simultaneously also deputies of the Councils which have been elected by the whole population in 'direct, secret and equal' elections. ”

“ But this advantage, my lords, can only be expected from union and concurrence; for when the different members of a national council enter with different designs, and exert their abilities not so much to promote any general purposes, as to obviate the measures, and confute the arguments of each other, the publick is deprived of all the benefit that might be expected from the collective wisdom of assemblies, whatever may be the capacity of those who compose them. ”

“ Their progress was slow, but they were contented. 1667A new constitution was given them, by which the executive power was placed in a governor, to act by the advice of a council of twelve, six of whom were to be chosen by himself, and the others by the assembly, which was composed of the governor, the council, and twelve delegates, to be elected annually by the freeholders. Perfect freedom in religion was established, and all were entitled to equal privileges, on taking the oaths of allegiance to the King, and of fidelity to the proprietors. ”

“ Let it be remembered that the commonalty shall elect twelve honest men, who shall come to the Parliaments, and {48} at other needful times, when the King and his council shall send for them to treat of the needs of King and kingdom. ”

“ The estates-collegium or provincial council is an institution by which all such as belong to civil society in general, and are to that degree private persons, participate in the governmental power, especially in legislation—viz. such legislation as concerns the universal scope of those interests which do not, like peace and war, involve the, as it were, personal interference and action of the State as one man, and therefore do not belong specially to the province of the sovereign power. ”