Stateroom

“ This is especially the case on the particular liner which for the moment stands at the top—a steamer that has broken the record, and is considered the best boat in the Atlantic service for the time being. If you get a word from the captain of such a boat you may consider yourself a peculiarly honored individual, and even the purser is apt to answer you very shortly, and make you feel you are but a worm of the dust, even though you have paid a very large price for your stateroom. ”

“ Of course every new province into which Congress has been allured by the principle of implied powers has required for its administration a greater or less enlargement of the national civil service, which now, through its hundred thousand officers, carries into every community of the land a sense of federal power, as the power of powers, and fixes the federal authority, as it were, in the very habits of society. ”

“ The supreme powers of the nation are vested in three partially independent branches of government—executive, legislative, and judicial—represented by the president and his cabinet, a national congress of two chambers, and a supreme tribunal. The states forming the federation consist of the twenty provinces and municipal district of the empire, but the number may be increased or diminished by the states concerned with the approval of the national congress. The states are self-governed, and have exclusive control of the public lands, mines, industries, and all local affairs. ”

“ These constitutions prescribe the powers and authority of the various officers in the government, and how and in what manner the several officers of the government shall be selected, elected and qualified. In our government, whether in a National, State, or Territorial form, all officers, of every grade, are requested to take a solemn oath to sustain and maintain the constitution of the United States, and of the State, or if a Territory, the organic act of the Territory as the case may be. ”

“ Subordinate departments have distributed the executive functions in their various relations to foreign affairs, to the revenue and expenditures, and to the military force of the Union by land and sea. A coordinate department of the judiciary has expounded the Constitution and the laws, settling in harmonious coincidence with the legislative will numerous weighty questions of construction which the imperfection of human language had rendered unavoidable. ”

“ Many of us, sir, said he, are officers of government; many of us have seats in the Senate and Assembly: let us, on this solemn occasion, forget the pride of office; let us consider ourselves as simple citizens, assembled to consult on measures that are to promote the happiness of our fellow-citizens. As magistrates, we may be unwilling to sacrifice any portion of the power of the state; as citizens, we have no interest in advancing the powers of the state at the expense of the Union. ”

“ The illustrious men who laid the foundations of our institutions, deemed no part of the National Constitution of more consequence or more essential to the permanency of our form of government than the provisions under which were distributed the powers of Government among three separate, equal and coordinate departments—legislative, executive, and judicial. ”

“ If we—the people in this Territory, or in other Territories or in the States, confer certain powers on the General Government, we no longer retain them, they are ceded away by us to others. If we give to our legislators certain authority, they hold that authority, and it is for us to submit to the laws which may be enacted by them. ”

“ But the Federal government of a democracy must be advised by the constituency which is most interested in its action. Offices must be filled; protections and guaranties, both civil and military, must be furnished, according to the necessity and preferences of the people for whose benefit chiefly they are designed. In our own country at present it is comparatively easy to learn what these requirements are. Our people are accustomed to deliberate upon political measures, and know how to convey the fair result of their deliberations to the understanding of the central government. ”

“ The King's commission to his governor, which grants the power of government, and directs the calling of a legislature, and the establishing courts, at the same time that it fixes the governor's power, according to the several powers and directions granted and appointed by the commission and instructions, adds, "and by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you, under our signet or sign manual, or by our order in our privy council." ”

“ And, Honorable Judges, the whole experience of government proves the absolute necessity for a separate legislative department. Look where you will, and in each case there is an executive cabinet, based upon appointment, untrammelled by the burdens of legislation, and subjected to the criticism and control of a reviewing body. In Europe, the city councils are elected by the people, and the administrative departments are made up through a process of selection and appointment, together with the assurance of reasonable permanence of tenure, responsibility, and adequate support. ”

“ As soon as the territory contains five thousand inhabitants, it provides for the establishment of a general legislature, to consist of three branches, a governor, a legislative council, and a house of representatives; with a power to the legislature to appoint a delegate to congress. It then proceeds to state certain fundamental articles of compact between the original states, and the people and states in the territory, which are to remain unalterable, unless by common consent. The first provides for freedom of religious opinions and worship. ”

“ It is fit that it should stand here, one of the chief distinctions of our splendid Capitol, here in the political centre of the State, here in the city where first in all the world was proclaimed and put into a political charter the fundamental idea of democracy, that "government rests upon the consent of the people," here in the city where by the action of these self existing towns was formed the model, the town and the commonwealth, the bi-cameral legislature, of our constitutional federal union. ”

“ The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy; to wit, those which are legislative to one, those which are judiciary to another, and those which are executive to another. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted. ”

“ The members of the legislative, executive, and judiciary departments of thirteen and more States, the justices of peace, officers of militia, ministerial officers of justice, with all the county, corporation, and town officers, for three millions and more of people, intermixed, and having particular acquaintance with every class and circle of people, must exceed, beyond all proportion, both in number and influence, those of every description who will be employed in the administration of the federal system. ”

“ The kingdom shall remain divided, as heretofore, into governments, under the usual provincial administrations. No governor-general shall, from this time, be appointed within the kingdom. Article 47. The courts of justice, superior as well as inferior, shall administer justice according to the laws and statutes of the realm. The provincial governors, and all other public functionaries, shall exercise the offices entrusted to them according to existing regulations; they shall obey the orders of the king, and be responsible to him if any act is done contrary to law. ”

“ This District, the seat of the national councils, and the common property of the whole republic, is by the constitution of the country, under your immediate care, and exclusive government—and to the combined wisdom, patriotism and prudence of your honourable body, is the common mind turned, with intense anxiety, knowing that nothing can exempt any portion of us from the shame and mortification that may attach to the character of its public laws and institutions; while nothing can prevent their participation in the splendour and renown of its wisdom, prosperity, and happiness. ”

“ To make our States one as to all foreign concerns, preserve them several as to all merely domestic, to give to the federal head some peaceable mode of enforcing its just authority, to organize that head into legislative, executive, and judiciary departments, are great desiderata in our federal constitution. ”

“ When more than one half of the province shall have reached the constitutional period, that is when they have completely adopted local self-government, the People's Congress shall be convened to decide on and promulgate the Constitution. ”

“ Everything flows directly or indirectly from the power immanent in the Sovereign. Governors and nominated members of Legislative Councils owe their commissions directly, and officials below them indirectly, to his delegation of power. ”

“ In short, though a legislative body, the provincial council exercises no authority which Parliament cannot revoke. There is no separate judiciary, or police force, or civil service, nor any separate departments of general government. Moreover, harbours and railways are under the control of the Union Parliament. ”

“ But further.—This central government itself, like the nation which it serves, is a compound body; a unit composed of parts, each of which in its own sphere is independent, yet beyond that sphere is limited by the functions of the other parts. This government is a triple compound, and consists of the legislative, the judicial, and the executive departments.
The legislative, or Congress, declares the will of the nation. ”

“ In some states, the Resident interferes in almost everything, and all the details of administration pass through his fingers either directly or indirectly. In others, the Resident watches the administration from a distance and lays down the broad outlines of policy. There are few native states, their number may be counted on one’s fingers, where the ruling chief has a will or capacity to really assert himself, to stand on his dignity, and to maintain his independence. ”

“ That it is the duty of the Federal Government in all its departments, to protect, when necessary, the rights of persons and property in the Territories, and wherever else its constitutional authority extends. ”

“ In the course of ages, there arises, as among ourselves, a highly complex political organization of monarch, ministers, lords and commons, with their subordinate administrative departments, courts of justice, revenue offices, &c., supplemented in the provinces by municipal governments, county governments, parish or union governments—all of them more or less elaborated. ”

“ 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. ”

“ The exercise of that sovereignty is delegated to three powers. The three powers are the legislative, the executive, and the judicial. They form the government of the republic, which is essentially democratic and representative. Art. 44. The legislative power is exercised by two representative chambers,—a chamber of deputies and a senate. Art. 45. These two can be united in a National Assembly according to the constitution.
Article 46. The executive power is delegated to a citizen, who takes the title of President of the republic. ”

“ Issue of Location of Capital as Fundamental Constitutional Law Matter Determining the location of the constitutional institutions and organs, and especially of the President who represents the nation and of the national legislature or the National Assembly that function as a pivotal role in democratic principle of government, is one of the substantive constitutional law matters expressing the identity of the nation. ”

“ Local legislative bodies, for example,—in America, state legislatures and in England, county councils,—might confer rank on a limited number of men or women yearly; juries drawn from certain special constituencies, from the roll of the medical profession, or from the Army, might assemble periodically to nominate their professional best, the Foreign or Colonial Office might confer recognition for political services, the university governing bodies might be entrusted with the power—just as in the middle ages many great men could confer knighthood. ”

“ As political questions they will not be considered by us. But, as facts tending to show the nature and extent of the compact, which binds the state and the federal government together, and, particularly, to show how, to what extent, and under what circumstances, the state may sustain, and exercise its legitimate authority in the municipal administration of the state government, it becomes highly important to do so. ”

“ To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of Government of the United States; and to exercise like authority over all places purchased by the consent of the Legislatures of the States in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. ”

“ In the first place, the division of the sovereign power of government into three co-ordinate and independent departments, both in the states and in the nation—the executive, the legislative and the judicial departments—is more insisted upon than in any other government that has ever been established. ”