no greater object than to procure admission to all the different dignities in the republic. To admit the plebeians to participate in offices previously confined to patricians, was considered a great victory over the latter. The use they made of the power of the people was to increase prerogatives, which they called the prerogatives of all, but which the tribunes and their friends alone were likely to enjoy. But it does not appear that they ever set bounds to the terrible power of the magistrates, or repressed that class of citizens who knew how to make their crimes pass unpunished, or to regulate and strengthen the judicial power; precautions without which men might struggle to the end of time, and never attain true liberty.

Such are the views taken of this great, but internally, imperfect republic, and a general proposition is illogically deduced from a particular instance.

If a constitution is so framed that official power becomes at once absolute and independent of law; if the magistrates who are to administer the law are authorized like the prætors, to make it from time to time as they think proper, and if a competition is admitted among the public officers, as to who shall exercise the most authority, and he who succeeds the best, cannot be compelled by the people either to surrender or reduce it; the very appointment, in such case, tends to stimulate all the evil propensities, and create a dereliction of all the moral obligations of man. But it is an error to suppose, (if it is supposed,) that this is confined to republican forms. The distinction would only be in name. Create a government of any kind, and invest its officers with powers so extensive and uncontrollable, and there will be the same abuses. The only difference will be that in one case we shall say the people are oppressed; in the other that they are betrayed.

A knowledge of human nature, too perspicacious not to perceive the danger, and too cautious not to provide against it, dictated in the composition of our constitution, those checks and balances on which its purity and continuance were calculated to depend. While all necessary power was granted, every sound precaution was adopted to prevent its abuse.

We have already considered the express restrictions on the legislature, and have seen that on some points they cannot legislate at all, and on many others they can act only to a limited extent; but a wider view may be now taken, and an examination of the entire context will fully exhibit a pervading principle, which, while it secures the due performance of public duty, prevents its abuse.

The legislature is in the first place restrained by a fixed and absolute constitution, over which it has no sort of power. In some countries, and in one of our own states, (145) the legislature laying their hands on the constitution, may so mould it from time to time, as to give a sanction to measures not within its original contemplation. But the constitution of the United States, the work of the people, alterable only by the people, possesses a sacred and intangible character in respect to the legislature. This is, therefore, the great restraint : when the legislature feels that it has no power unless the constitution has given it, the mere shame of being defeated in any step which cannot be supported, com

(145) The state of Maryland. The legislature of that state may alter or abolish any part of the constitution or the bill of rights, provided the bill for that purpose is passed three months before a new election, and is confirmed by the general assembly at the first session after such election, the object of which proviso undoubtedly is to afford the people an opportunity to testify by the removal of the members a disapprobation of their measures.

pels it to look to the constitution for its authority, and if it cannot find it there, to desist from the measure.

Secondly, as this may not always be a sufficient restraint, the judicial power presents an effectual barrier against its excesses, the observations on which need not be repeated. But, as observed, the judicial power possesses no spontaneous motion-it must be called into action by the application of others—either individuals or constituted authorities, and in the mean time, the obnoxious law may not only take its place in the statute book, but be injuriously acted upon. The third corrective therefore is in the hands of the people, who do not, as disingenuously remarked, (146) make no other use of their power than to give it away. The biennial election of the house of representatives, of which the people can by no artifice be deprived, secures to them the power of removing every member of that house who has shown either an inability to comprehend, or an unwillingness to conform to the transcendent obligations of the constitution, which he has sworn to support. Here, then, we have the protection and safety unknown to those countries where either the legislature elect themselves, or enjoy an hereditary right, or where, although the representative principle may be nominally kept up, its exercise may be suspended or postponed at the pleasure of another part of the government.

It is true, that this mode of reforming the abuse, is not at first full and complete. The senate, which must have concurred in the unconstitutional law, is not renewed at the same period, but the constitution, which for reasons heretofore assigned, conferred on this body a longer duration of office, has regulated the continu

(146) By Delolme, in the chapter already referred to.

ance of each senator, so that at the end of every two years one-third of the whole must be chosen anew. The sense of the people, indicated by a full change in the house of representatives, and by the change of onethird of the senate, could not be without effect, and in two years more it would be imperious and irresistible.

A further restraint, though less definite, yet not without considerable weight, may be conceived in the influence arising from the portion of sovereignty remaining in the states.

Although, to the full extent established by the constitution, the power of the legislature of the United States is superior to that of the states, yet in the smallest particular in which they pass beyond the true line, the power of the states is in full effect. The states will always maintain a reasonable jealousy on this subject. The rights and interests of the people are confided to the care of the state governments, in all matters not transferred to the general government, and an anxiety to secure and defend them has been uniformly apparent in all the states. The desire of preserving harmony and order, nay, the very love of power, always more valuable where it is least resisted, will operate with great effect on the national legislature to prevent its falling into unnecessary collisions with the states. This consideration will have the greatest influence with the members of the senate, who, although they do not in any sense sit and act as states in a federative quality, and are not bound by instructions-yet cannot but look with much respect to, and feel a close connection with the legislature of the state that appoints them.

2dly. The fears of those theoretical writers, who have gratified themselves by lamenting the internal dangers of our republic, have been chiefly directed

against the tendency of the executive authority to overpower the freedom of the people.

It is supposed that much is to be apprehended from the influence of an officer who has the power of appointing so many other officers, and who is entrusted with the management of the military force. It is true, they admit that as he has not exclusively the appointment to office, this influence is thereby somewhat diminished, but the recommendations proceeding from him alone, and the power of dismission being exclusively with him, the hope of the one, and the fear of the other, must confer on him an excessive and alarming influence. All these considerations may have weight, yet the evil consequences predicted are not likely to ensue.

The military force, as we have seen, is too well regulated not only by the constitutional prohibition to provide for its support for a longer term than two years, but also by the power that congress have to shorten even that period, and by the great improbability that an American army would consent to substitute for regular subsistence and the approbation of their countrymen, the tumultuary and precarious exactions of internal warfare, convulsions, personal dangers which must be certain, and eventual ruin from which they cannot be exempted. The influence supposed to arise in respect to the appointments to, or dismissions from office, can operate only in a narrow circle, and however far it might be carried, would not tend to the subversion of the government, or even to any material alteration of it, since the value of the offices would always depend on the preservation of the constitution and the laws, and their emoluments could not be carried beyond their legal limits.

No person is eligible to the office of president before he attains the age of thirty-five years, nor unless he