A plan of Favouritism for our executory Government is essentially at variance with the plan of our Legislature. One great end undoubtedly of a mixed Government like ours, composed of Monarchy, and of controls, on the part of the higher people and the lower, is that the Prince shall not be able to violate the laws. This is useful indeed and fundamental. But this, even at first view, is no more than a negative advantage; an armour merely defensive. It is therefore next in order, and equal in importance, THAT THE DISCRETIONARY POWERS WHICH ARE NECESSARILY VESTED IN THE MONARCH, WHETHER FOR THE EXECUTION OF THE LAWS, OR FOR THE NOMINATION TO MAGISTRACY AND OFFICE, OR FOR CONDUCTING THE AFFAIRS OF PEACE AND WAR, OR FOR ORDERING THE REVENUE, SHOULD ALL BE EXERCISED UPON PUBLIC PRINCIPLES AND NATIONAL GROUNDS, AND NOT ON THE LIKINGS OR PREJUDICES, THE INTRIGUES OR POLICIES OF A COURT. This, I said, is equal in importance to the securing a Government according to law.
The laws reach but a very little way. Constitute Government how you please, infinitely the greater part of it must depend upon the exercise of the powers which are left at large to the prudence and uprightness of Ministers of State. Even all the use and potency of the laws depends upon them. Without them, your Commonwealth is no better than a scheme upon paper; and not a living, active, effective constitution. It is possible, that through negligence, or ignorance, or design artfully conducted, Ministers may suffer one part of Government to languish, another to be perverted from its purposes: and every valuable interest of the country to fall into ruin and decay, without possibility of fixing any single act on which a criminal prosecution can be justly grounded. The due arrangement of men in the active part of the state, far from being foreign to the purposes of a wise Government, ought to be among its very first and dearest objects. When, therefore, the abettors of new system tell us, that between them and their opposers there is nothing but a struggle for power, and that therefore we are no-ways concerned in it; we must tell those who have the impudence to insult us in this manner, that, of all things, we ought to be the most concerned, who and what sort of men they are, that hold the trust of everything that is dear to us. Nothing can render this a point of indifference to the nation, but what must either render us totally desperate, or soothe us into the security of idiots. We must soften into a credulity below the milkiness of infancy, to think all men virtuous. We must be tainted with a malignity truly diabolical, to believe all the world to be equally wicked and corrupt. Men are in public life as in private--some good, some evil. The elevation of the one, and the depression of the other, are the first objects of all true policy. But that form of Government, which, neither in its direct institutions, nor in their immediate tendency, has contrived to throw its affairs into the most trustworthy hands, but has left its whole executory system to be disposed of agreeably to the uncontrolled pleasure of any one man, however excellent or virtuous, is a plan of polity defective not only in that member, but consequentially erroneous in every part of it.
In arbitrary Governments, the constitution of the Ministry follows the constitution of the Legislature. Both the Law and the Magistrate are the creatures of Will. It must be so. Nothing, indeed, will appear more certain, on any tolerable consideration of this matter, than that EVERY SORT OF GOVERNMENT OUGHT TO HAVE ITS ADMINISTRATION CORRESPONDENT TO ITS LEGISLATURE. If it should be otherwise, things must fall into a hideous disorder. The people of a free Commonwealth, who have taken such care that their laws should be the result of general consent, cannot be so senseless as to suffer their executory system to be composed of persons on whom they have no dependence, and whom no proofs of the public love and confidence have recommended to those powers, upon the use of which the very being of the State depends.
The popular election of magistrates, and popular disposition of rewards and honours, is one of the first advantages of a free State.
Without it, or something equivalent to it, perhaps the people cannot long enjoy the substance of freedom; certainly none of the vivifying energy of good Government. The frame of our Commonwealth did not admit of such an actual election: but it provided as well, and (while the spirit of the constitution is preserved) better, for all the effects of it, than by the method of suffrage in any democratic State whatsoever. It had always, until of late, been held the first duty of Parliament TO REFUSE TO SUPPORT GOVERNMENT, UNTIL POWER WAS IN THE HANDS OF PERSONS WHO WERE ACCEPTABLE TO THE PEOPLE, OR WHILE FACTIONS PREDOMINATED IN THE COURT IN WHICH THE NATION HAD NO CONFIDENCE. Thus all the good effects of popular election were supposed to be secured to us, without the mischiefs attending on perpetual intrigue, and a distinct canvass for every particular office throughout the body of the people. This was the most noble and refined part of our constitution. The people, by their representatives and grandees, were intrusted with a deliberative power in making laws; the King with the control of his negative.
The King was intrusted with the deliberative choice and the election to office; the people had the negative in a Parliamentary refusal to support. Formerly this power of control was what kept Ministers in awe of Parliaments, and Parliaments in reverence with the people.
