American Political Writing During the Founding Era: 1760–1805. Группа авторов

from all Parts of the Society: Hereby it’s true State is better known; and those arbitrary Principles and Practices too apt to prevail where Power is hereditary or long continued, are check’d, and their fatal Influence prevented.—As the apparent Danger of natural Death often restrains many Extravagances, and causes Men to practice many Duties, which are not regarded when this Danger is removed; so probably there may be something analogous to this in elective Offices. Therefore the annual Choice of two Branches of our Legislature, is generally tho’t a valuable Priviledge, that properly improved greatly conduces to the publick Safety and Welfare.—By Virtue of this Privilege one Branch of the Legislature is this Day to be chosen, for the ensuing Year.—The honourable Gentlemen, intrusted with this important [25] Affair, as the public Good was the End, they ought, and professed to have in View, in seeking and accepting this Trust; with Reason we expect,—and have good Right to expect, that in the Choice of Councellors, the public Welfare will be their sole Aim:—that sinister Views will not be allowed in the least Degree to biass their Minds;—that partial Affections, natural Relations, private Piques, and Passions, will not be permitted in any Measure to influence their Choice.—The supreme Legislator of Mankind, has graciously condescended to describe the Character suited to this Trust—(Exod. 18. 21.) Provide out of all the people, able men. Persons of Wisdom and Capacity to discern between Good and Evil; that fear God, have a Sense of his Perfections, that reverance his Authority, fear his Displeasure, believe themselves accountable to him, and pay a due Regard to his Approbation: Men of Truth, Sincerity, Uprightness and Faithfulness in every Trust; hating Covetousness, not govern’d by private Interests, but truly regarding the public Good.—The Ruler in Israel, was obliged to write a Copy of the Law, and read therein all the Days of his Life, (Deut. 17. 18.). Proportionably, in other Governments, the Care of the Public should be committed only to such Persons as pay a suitable Regard to the Laws established by the great Governor of the World.—Societies of Christians act an imprudent Part, to trust their public [26] Affairs to those who pay no Regard to their holy Religion,—who disbelieve it,—whose Tempers and Lives are manifestly inconsistent with it. Christianity fairly proposed, has sufficient Evidence, to engage the assent of upright, impartial Minds; and there is reason to distrust the Capacity or Integrity of the Person that rejects it:—While he behaves well, and lives honestly, he ought peaceably to enjoy the Protection of Government; yet it is a Reflection upon Christians, if they are obliged to chuse Persons of this Character into places of great Trust. Once more, Rulers should be Men known among their Tribes, (Deut. 1. 13.) Persons whose good Characters are known and established, who will probably behave well in whatever Station they are placed. These Qualifications must be regarded by the Electors, as they will answer it to God, to the Community, or to their own Consciences.

      Those who are called Gods,—who by divine Providence, are raised to important Stations; particularly, who conduct the weighty Affairs of this Day; ought to remember, that there is One higher than They;—who judgeth among the Gods; (and tho’ they may not in legal Form be accountable to their Constituents, yet) to Him they are accountable for all their Talents. He Fitteth upon the Circle of the Earth, and views all the Children of Men; and with Him is no respect of Persons: He has said, that [27] the Gods, those raised to the highest Authority over their Fellows, shall die like other Men; and after Death, is the Judgment; when they that have been faithful in little, and rightly improved their temporal Trust, shall be crowned with everlasting Honours; but the unfaithful, however great and dignified —shall in vain try to hide themselves in Caves of the Earth from the Face of him that sitteth on the Throne, and from the Wrath of the Lamb.—He that is wise will consider these Things.

      Finally, let us all of every Rank and Order, consider our selves as Members of the civil Body, who have our proper Sphere of Action; and whatever Part Providence has assign’d us, let us perform it well. It is not our Concern, who fills this or that Station provided the Duties of it are faithfully performed, and there be no Schism in the Body. If the public Good be promoted, we ought to be content, tho’ we may imagine our selves, or some of our Friends, better qualified for some Posts, than the present Possessors. Our proper Concern is to be faithful to our own Trusts, not making a Schism in the Body, but expressing a real Care and good Will for the other Members: Thus we shall preserve Harmony, and promote general Happiness.

      Government is a natural and a divine Ordinance, and when tolerably answering the good Ends of it, [28] ought quietly to be submitted to, for Conscience sake. Did we more cultivate Love to God, and to Mankind, this mutual Care for one another, would more prevail, and fewer Schisms be in the Body: Public Vertue would diffuse public Peace, Tranquility and Happiness. Did we consider and improve the Text in the view the Apostle used it as a Motive and Reason for Peace and Faithfulness as Members of the Body of Christ, it would render us good Members of civil Society. Let this then be our Endeavour, to be true and living Members of Christ’s Body; in the Ways of his Appointment, let us seek an Union to and Interest in him, and pray that his Spirit, as a vital Principle may animate us, that we may be sincerely pious toward God, universally righteous toward Men, strictly sober with Regard to ourselves; then we shall be at Peace with God, and with one another. We shall be true Members of his Church here, peaceable and useful Members of the Body politic; and when all civil Societies shall be disbanded,—all secular Honours laid in the Dust,—and civil Distinctions be no more,—we shall be Members of the General Assembly and Church of the First-born in Heaven, where universal Love, Order and Virtue, shall reign with uninterrupted and everlasting Peace, Harmony and Felicity. Amen.

      FINIS.

[2] T. Q. AND J.

       [Untitled]

       BOSTON, 1763

      Contrary to our broader understanding today, the doctrine of “separation of powers” was originally understood essentially as a prohibition on multiple office holding. These three letters nicely illustrate this and discuss the reasons for the prohibition as well as the possible limits to the prohibition. The lower chamber of the legislature under the Massachusetts Charter of 1691 was elected by the freemen of the colony, while the upper legislative chamber, the Council, was elected at a joint session of the lower house and last year’s Council. The Council was a full partner in the lawmaking process and served also to advise and assist the governor. In 1763 the possibility arose of the lieutenant governor and one or more judges being elected councillors, and the three letters reproduced here discuss the propriety of such multiple office holding. All but a few paragraphs are reproduced, some modernization of spelling and punctuation occurs, and words in brackets have been added to ease the understanding of the text.

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      1. Letter by T.Q. in The Boston Gazette and Country Journal for April 18, 1763.

      Political liberty, as it is defined by a great writer [Baron de Montesquieu] is “a tranquility of mind arising from the opinion each man has of his own safety.” When this liberty is once destroyed it is to very little purpose to enquire how it was brought about; but before that is done, it is wisdom to guard against whatever has a tendency to it, in order to prevent it. Among many other things of this nature and tendency, the entrusting the same gentlemen with legislative and judiciary power, or the power of making laws and judging of them after they are made, has been warmly objected against in this paper. Such an objection we conceive may be made without breaking upon the rules of strict decency. It cannot however be a reflection upon a single gentleman because there are and have been for more than two years past, more instances than one of these different powers being invested in the same persons. Some of the arguments that have been used for this purpose, were taken from the admired writer of The Spirit of the Laws [Montesquieu]. We should be glad to see them fully answered, the doing of which before the ensuing elections would tend much more to the conciliating the minds of the