Lawmaker

“ Here, sir, the people govern; here they act by their immediate representatives. You have also a Senate, constituted by your state legislatures, by men in whom you place the highest confidence, and forming another representative branch. Then, again, you have an executive magistrate, created by a form of election which merits universal admiration. In the form of this government, and in the mode of legislation, you find all the checks which the greatest politicians and the best writers have ever conceived. What more can reasonable men desire? ”

“ The man who is capable of writing, in cool blood, that our interest lies in an absolute subjection to parliament, is capable of writing or saying any thing for the sake of his pension. A legislature that has so often discovered a want of information concerning us and our country; a legislature interested to lay burdens upon us; a legislature, two branches of which, I mean the lords and commons, neither love nor fear us! ”

“ We who have studied our republican institutions and understand the limits of the executive, judicial and legislative branches of the government, are aware that the legislature, directly representing the people, is the primary source of power, above all courts and constitutions. ”

“ But the very fact which most unfits such bodies for a council of legislation, qualifies them the more for their other office—namely, that they are not a selection of the greatest political minds in the country, from whose opinions little could with certainty be inferred concerning those of the nation, but are, when properly constituted, a fair sample of every grade of intellect among the people which is at all entitled to a voice in public affairs. ”

“ So the judiciary and, the executive are limited by the laws and Institutions. The legislature is chosen by the people to represent the people; that is, It is chosen to represent and to organize the Ideas, and to express the sentiments, of the people; not to organize sentiments which are in advance of the people, or which are behind the people. The political legislator is restricted by the ideas of the people: if he wants what they do not want, then they do not want him. If senator Wilson had a million of men and women in Massachusetts who entertained the sentiments and ideas of Mr. ”

“ The influence of every mode of thinking which is shared by numbers ought to be felt in the Legislature; and the Constitution being supposed to have made due provision that other and conflicting modes of thinking shall be represented likewise, to secure the proper representation for their own mode may be the most important matter which the electors on the particular occasion have to attend to. In some cases, too, it may be necessary that the representative should have his hands tied to keep him true to their interest, or rather to the public interest as they conceive it. ”

“ If not an expensive revolution, an expensive repeal of laws. And here I will remark, that the smallest number of Legislators, and they, too, well selected for their wisdom and respectability, if unacquainted with their constituents, might pass well-framed laws, founded on the wisdom of other countries, and yet find them disagreeable to their constituents, and be under a necessity of repealing them; but this could not be the case, if the people had in that Legislature a sufficient number of Representatives on whose fidelity, attachment, and disinterestedness they could rely. ”

“ Your Legislature is not only supreme in the usual sense of the word, but they have literally, all the powers of society. Can you—can you possibly grant anything new? Have you any power which is not already granted to your General Assembly? ”

“ In this Republic the electors shall have the right to recall their representatives, if so desired, otherwise the democracy shall become a mockery. In this Republic, the legislature shall have the power to control the executives and replace them whenever necessity will arise. ”

“ Since then this is the case, the excellency of a legislator is seen in providing for the people's living after the best manner, and in prevailing with those that are to use the laws he ordains for them, to have a good opinion of them, and in obliging the multitude to persevere in them, and to make no changes in them, neither in prosperity nor adversity. Now I venture to say, that our legislator is the most ancient of all the legislators whom we have ally where heard of ”

“ Can an [sic] man, in the free exercise of his reason, suppose, that he is perfectly represented in the legislature, when that legislature may at pleasure alter the time, manner and place of election? By altering the time they may continue a representive during his whole life; by altering the manner, they may fill up the vacancies by their own votes without the consent of the people; and by altering the place, all the elections may be made at the seat of the federal government. ”

“ The representatives of the people in Congress are alone competent to judge of the general disposition of the people, and to what precise point of reformation they are ready to go. On this, therefore, I do not presume to give an opinion, nor to pronounce between the comparative expediency of the three propositions; but shall be ready to give whatever aid I can to any of them which shall be adopted by the Legislature. ”

“ In the Legislative Assembly there are the Government party, consisting of the Colonial Secretary and the Attorney General, who prove their loyalty and devotion by adhering to His Excellency the Governor on every division, and (according to general belief) would rather vote against their own measures than against the representative of their Queen. Then there is the popular party, consisting of the popular member, who speaks at random on either side of the debate, but invariably votes against the Government, in order to maintain inviolate the integrity of his principles. ”

“ The government being divided into branches, executive and legislative, in all contests between them the people have divided into the favorers of one or the other. From their dread of the executive, and affection to their representatives, they have always sided with the legislature. ”

“ Are our governor and council legislators, in both the state and national governments, because, on an examination of votes transmitted to them by the selectmen, they issue certificates of election to our state senators and to the members of Congress elect? Do they exercise any part of that power which makes “each house the judge of the elections, returns, and qualification of its own members”? Just as much, I reply, as sheriff, auditor, commissioner, or clerk, does of “judicial power.” They perform acts preliminary or antecedent to legislation, but no legislative act ”

“ In the other branch of the legislature, the House of Representatives, shall we not have the advantages of benevolence and attachment to the people, whose immediate representatives they are?
A free government has often been compared to a pyramid. ”

“ With representatives, frequently renewed, who neither administer nor judge, whose functions are determined by the laws; with national conventions, with primary assemblies, which can be convoked any moment; with a people knowing how to read, and how to defend itself; with good journals, guns, and pikes; a Legislature would have a good deal of trouble in enjoying any months of tyranny. Let us not suppose an evil for the sake of its remedy. ”

“ Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is a bedrock of our political system. ”

“ That men selected by popular vote to make up the State Legislature were often careless, somtimes stupid and occasionally venal, seemed to prove that men assembled in a legislative body were a curse instead of a blessing, and that the same men, together with the voters who had chosen them, were careful, intelligent, efficient, virtuous, capable and honest men when acting individually as law makers. ”

“ If the executive government were not admitted, through any of its members, to explain and vindicate its measures, to advocate new grants of authority, or to defend the prerogatives of the crown, the popular branch of the legislature would either become the predominant power in the state, or sink into insignificance. ”

“ 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. ”

“ Without these power in Congress, the people can have no remedy; but the 4th section provides a remedy, a controlling power in a legislature, composed of senators and representatives of twelve states, without the influence of our commotions and factions, who will hear impartially, and preserve and restore to the people their equal and sacred rights of election. ”

“ When a petty clerk took upon himself to read the list of the Representatives of the people of the United States, and to keep the Representatives of eleven States out of their seats, the Constitution guaranteeing to them those seats for the benefit of their constituents and country, that subordinate never ought to have been tolerated for one day in the perpetration of so great an outrage. ”

“ The legislative power shall be vested in a senate and assembly, but the people reserve to themselves power, as herein provided, to propose laws and to enact or reject the same at the polls, independent of the legislature, and to approve or reject at the polls any law or any part of any law enacted by the legislature. ”

“ Of what use are our most solemn enactments, I may even ask of what use is the Legislature itself, chosen by the will of the people, if they are to ruthlessly be set aside by criminals and their shifty protectors? ”

“ For the general affairs of our country, both foreign and domestic, we have a national executive and a national legislature. Representatives and Senators are chosen by districts and by States, but their acts affect the whole country, and their obligations are to the whole people. ”

“ Each member of the National Legislature should consider himself as their immediate representative, and should be the more ready to give attention to their interests and wants because he is not responsible to them. ”

“ What motive has he for qualifying himself to be a good legislator? He naturally seeks an office under the government, and gives his brain power to that pursuit. But wherever he is—unless he hold a judicial office—he is menaced by the rule of rotation in office. ”

“ Legislature does not possess sufficient popular confidence.While the nominal Government thus possesses no real power, the Legislature, by whose leaders the substantial power is enjoyed, by no means possesses so much of the confidence of the people, as a Legislature ought to command, even from those who differ from it on the questions of the day. ”

“ The commons, my lords, do not imagine themselves, nor are imagined by the nation, to constitute the legislature. The people, when any uncommon heat prevails in the other house, disturbs their debates, and overrules their determinations, have been long accustomed to expect redress and security from our calmer counsels ”

“ The subordination of the executive to the legislature would conform to the early American political tradition. We have usually associated executive authority with arbitrary and despotic political methods, and we have tended to assume that a legislative body was much more representative of popular opinion. ”

“ The constitutional prohibition to appoint any member of the legislature to an office created during the time for which he had been elected, did not exclude men of the most distinguished abilities from the first congress. Impelled by an anxious solicitude respecting the first measures of the government, its zealous friends had pressed into its service: and, in both branches of the legislature, men were found who possessed the fairest claims to the public confidence. ”

“ The elections for Congress have produced a decided majority in favor of the republican interest. They complain, you know, that the influence and patronage of the Executive is to become so great as to govern the Legislature. ”

“ Were our government a parliamentary system, such as exists among the free peoples of the Old World, we should have a legislature promptly responsive to movements of the popular will, a ministry sitting in one or the other house of Congress, and dependent for continuance in power upon the support of a majority in the Lower House, and an executive disarmed in whole or in part of the power to negative legislative enactments. ”

“ We shall very soon have parties formed—a court and country party—and these parties will have names given them; one party in the house of representatives will support the president and his measures and ministers—the other will oppose them—a similar party will be in the senate—these parties will struggle with all their art, perhaps with intrigue, perhaps with corruption at every election to increase their own friends, and diminish their opposers. ”

“ Will you advocate and vote for the election of a Speaker of the House of Representatives who shall be willing to organize the committees of that House so as to give the Free States their just influence in the business of legislation? ”

“ As the same people will elect good men to represent them in one legislative chamber of Congress, and bad men to represent them in two legislative chambers of each State, the one House of Representatives, not having a power to make laws, is a safer guardian of the State local right of self-government, than the two houses. ”