unlimited sovereignty, or supreme power, is to be found. Where any degree of liberty is enjoyed, the powers of government are delegated to distinct organs; and the several functionaries are in some way held accountable for the due exercise of their powers.

57. In the English government, the legislature or parliament has been considered as possessing supreme power, because legislation is supposed to be the greatest act of superiority that can be exercised by one being over another. It is deemed requisite to the very essence of law, that it be made by a supreme power. But it will appear on examination, that such power is not possessed by parliament. The members of the house of commens are elective, and are accountable to the people, at whose will they hold their offices. And the power of the other house, as well as the power of the king, in most of his prerogatives, is held in check by the popular branch of the legislature.

58. By the constitution of the United States, the dif ferent powers are entrusted to different organs, and are duly defined and limited. Every branch of the government is accountable to some tribunal. The legislature and the executive are accountable to the people at their elections. Executive officers and judges are liable to impeachment and removal. Nor have the people, from whom all power is derived, retained to themselves that absolute and unlimited sovereignty, which, it is declared, resides somewhere in every government, and is alike in all countries. And yet, limited as the powers of this government are, they have been found competent to the great object of all civil institutions, the happiness of the people.

59. A proper distribution of power, and a due distinction between the civil and political laws in a government, are of the first importance. From the distinction made,

ernment does unlimited sovereignty reside? 57. Why may not supreme power, or sovereignty, be said to exist in the English government? 58. How are the powers of government restricted in the United States? To whom are the different branches ac

in a preceding chapter, between political and civil rights and liberty, it will be readily understood, that by political laws are meant the laws of the constitution, by which a state or body politic is organized and governed; that is, the laws which govern those who are vested with the power to make laws and administer the government. The laws of the constitution, the political laws," as a writer observes, are to those entrusted with the powers of government, what the laws made by the government are to a court of judicature." A judge in the discharge of his duties, is bound by the civil law so are legislatures and other bodies, who are entrusted with the powers of government, bound by the political law or constitution, as the supreme law.

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60. In absolute or despotic governments, there are no political laws binding on those who exercise the powers of government. The ruler arrogates to himself all powers, political and civil. The laws he makes do not relate to his own conduct; and he alters or repeals them at his will. The principal rule by which a ruler, in such a government, is regulated in the exercise of political power, are some customs or usages, which the people regard as more sacred than the authority of the prince, and which he cannot violate without exciting the indignation of his subjects. Yet, as he is subject to no positive laws or regulations, the people enjoy no political rights.

61. In a democracy, each citizen has an equal voice in passing all laws, whether of a civil or political nature, as well as in appointing those who administer the laws. The consequence is, that the laws are liable to frequent alterations, according to the fluctuations of popular passions and prejudice. As all laws are enacted by the same body, there is no distinction of constitutional and unconstitutional law: the last law on every subject is always constitutional, and it must be so considered by every one in the civil administration. The people under this form of govern

countable? 59. Wherein consists the difference between political and civil laws? 60. By what rule, principally, are rulers in des potic governments regulated? 61. How are the political and civil

ment are liable to suffer great evils. The majority often oppress the minority with unjust laws, especially when measures are adopted in the violence of party spirit.

62. In mixed governments, also, legislative bodies possess the civil as well as political powers of legislation. They have the same power to make or alter a law that relates to the constitution, as they have to make or alter a law that relates to the civil state. Their laws cannot therefore be adjudged unconstitutional.

63. In a representative form of government, the political rights of the people, and the civil powers of the government, are exercised separately by those to whom they are severally reserved or delegated. The govern ment of the United States furnishes an example of the superiority of this form over any other. It is believed that no other people enjoy equal security of civil liberties. Their political power and liberty are greater than under a mixed government; and though they are less than in a democracy, they are not so liable to be affected by sudden alterations of the fundamental laws of the government. The constitution effectually guards itself against frequent or needless changes through popular excitement, which are incident to a democracy, as will appear by a reference to that article of the constitution which provides for its amendment.

64. With equal effect does the constitution prevent that confusion of powers which exists in both a democracy and a mixed monarchy. In the ancient republics of Greece and Rome, every freeman was a member of the legislature, and gave his vote in the assembly of the people. This blending the political with the civil power, proved the source of great evils in those democracies. Against these evils, that form of government which has been adopted by the people of the United States, provides an effectual safeguard. The power of adopting and

powers of government exercised in a democracy? 62. How are these powers exercised in mixed governments? 63. How in a representative government? What is the advantage of this division of powers? 64. In what manner was the government admin

amending their constitution, of electing and controlling the officers of the government, is exercised by the people in their political capacity; while the civil administration of the government is entrusted to their representatives, and others appointed for that purpose.

65. The inconveniences that must attend the exercise of the power of legislation by a body composed of the whole people, may be easily conceived. An assemblage so numerous, and consisting of men governed by so great a variety of passions and interests, would be incapable of discussing affairs; disorder and confusion would prevail; and measures would be adopted without that calm and dispassionate deliberation which the public good requires, and which may be had in a representative assembly. To this is to be attributed that fluctuation of measures, and that instability of government, for which those ancient republics were distinguished.

66. To remedy these and other evils incident to a pure democracy, it has been proposed to limit the right of suffrage None, it is urged, should be allowed to participate in the government, who do not possess a certain amount of property, or such other qualifications as might be required, or as are not possessed by the people generally. But such a restriction of this right would destroy that equality which is essential to a republic, and change the government into a species of aristocracy.

67. Happily, for the cause of free principles, the objections which have hitherto been urged against popular governments, have been removed, in a great measure, by that improvement upon a democracy which has been carried into the government of these United States. This improvement consists principally in the separation of the political and civil powers of government; and in the

istered in Greece and Rome? 65. Wherein consists the advantage of a representative legislative assembly, over one that is composed of the people at large? 66. What has been proposed as a remedy for the evils incident to a democracy? What is the objection to this proposition? 67. In what consist the modern improve ments in free governments?

division of the civil power into legislative, executive, and judicial branches, in defining their respective powers, and in confining each within its own appropriate sphere of action. The benefits of this system have been satisfactorily tested by the people of the United States. This form of government is justly regarded as a model for other nations, and its adoption constitutes an era in the history and science of government.