The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-04-17

election where peaceshle remedies are unproyided -
These sif. are he principles OF pure. unadneratea,
conservative den"eraey and would beg leave TO com
mend them 10 the medss,ion Of The honorable Senator
from New Jersey before he for~srd with another
defence of the yssgmalc rights Of Office holders
10 regard to tbs legislation Of England on the sub
ieet the honorable Senator, conhn,ng his view TO a
single statute (tha Of the fifth year Of William the 3l)
treated special bargsn between the King and The
Commons, TO procure supplies for the Crown. the
one hand and 10 protect certain corporate rights Of
election held by the Commons. OF their constituents on
the other or, in other words a. sort OF mreanHe
contract. By which the King agreed, u The Commons
would grant him a stipulated sum IN taxes, ne would
refrain from interfering by his officers. with the election
Of the Commons. Bot cir this Is most grossly 10 mis-
conceive The dignity aud character of the question: anh
to degrade il below the noble principles on which
rests. The freedom Of elections from oincai inter-
ference rs principle OF English liberty, Is rooted IN
the glorious revolution Of 1888. being intimately con-
neesd both with The moving aud the imned,s'e
results Of that great II the Senator RON New
Jersey will look the bill Of rights, the great charter o.
British freedom. solemuly adopted BY both Houses OF
Parliament ~ tho and behalf of the nson ne
will ind Il specially enumerated in the presmbe Of mat
act, among the causes by which James The I'd had ot
feied the throne. that he had violated the freedom %
eieciion Of members 10 ssroe PDiamea;; and anef
wards In the body Of The act is declared as 81 ine-
grail part OF the ancient rights and liberties oil Inc
peopc VI EhRihhu fhU INC cfCffDh " meHoefs ~
Parliament ought 10 be free" The history OF the times
shows that James the I'd resorted all sorts OF ia-
ences, both upon his parliament and people, 10 carry ms
fsyorite object OF the establishment Of the Roman
Catholic religion. Finding the existing parliament IN
iractabe to his purposes after practising upon The
loyalty of such member whom he supposed bound TO
him by any ties Of interest attachment. by sending
for them aud holding private audiences with them.
parstely, in his closet Ia roysl expeden which first
gave rise TO the Term eiosei"e 10 spoca phrase and
which is. perhaps. without examples Of practice
in onr own country he determined dissolve the old
parliament, and 10 summon new one In order 10
mould this parliament TO the designs Of the King,
all the resources Of management and influence were
brought to bear the elections. Officers appointed
by the Crown, sent to every part Of the kingdom
regulate. called. the corporate bodies pos
sessng the right Of choosing members Of parliament,
or in other WORDS 10 prepare them for the choice Of
such members would ha acceptable to The Court -
Letters were written by the Kings ministers to the lord
eutenants Of the counties, aud oie. men Of influence,
requiring their aid ~ the election Of such persons
were known to be favorable 10 the views Of the King
calling upon them, at the time, to ascertain the
sentiments Of the several candidates their respective
counties, and to obtain from them pledges to support
the measures Of the King 10 the event OF their election
All, even down 10 justices Of the peace, who declined
cooperation in this political service Immediately
removed from office, and others Of plabe charac
ter substituted in their places, While such complied
were continued IN office, and promised further promo
ton and rewards
II was by this licensed interference Of the officers and
servants OF the Crown with the elections OF members
Of Parliament, that James I'd declared in the pre-
amble OF the bill Of rights, have seen, TO have
!" violated the freedom Of election Of members
In Parliament and to frown upon all such intere-
rences in future, il solemny declared in the body
OF the same instrument part and parcel OF the an
Client rights and liberties Of the people OF England
that elections Of members Of Parliament ought 10 be
In s,ydo a., cau
secrated and asserted by the revolution Of 1888,
rons statutes have been passed from time time. pro-
mblng under heavy penalties, any interference oil Oh
6ces, appointed by and dependent the Crown with
the election OF members Of Parliament. A celebrated
writer on the British Constitution, living those
times, tells Us that (whie the spirit Of English liberty
knded and fostered by the revolution, yet in the
flush Of its youthful vigor) no less than seven acts
were passed in King William 3ds reign to prevent IN
due Influences on slecons.''t
This great principle Of the freedom Of popular eec
tons from all Gc'ai is only sanctioned
and enforced by the positive legislation Of England in
the pnrest period Of her constitutional history, but it is
laid down fundamental OF civil and political
liberty in all the ahest the theory OF free
government. Locke, il is known wrote his immortal
Treatise Government" shortly after the revolution
Of $685. and under the inspiration OF lis great example
II was from his work. with those OF Hooker. and Mil
ton, Sidney tAsthe statesmen OF our own
revolution drew those sninailng precepis Of freedom
which bore them trunpnaDtiy the unequal con-
test for independence, and which they afterwards so
deesly impressed on the institutions founded by their
wisdom and vaor. Mr. Jefferson, especially, was trained
the great part no afterwards acted by thorough
study aud meditation Of Lockes work. II is curious
fact generally known that several OF the most strik
ing passages Of the Declaration OF Independence are
taken almost verbatim from the Treatise Govern
meut " and il is impossible TO read the introductory
part Of that sublime paper, without perceving through
the whole Of that portion Of it. how constantly the
mind Of the writer recurring to the principles taught
by his great master.t
Let US see then what this usrious preceptor of the
founders Of American liberty has said the matter
have been disc In the last chapter Of his work.
he is treating Of the dssoiu,ion Of Government; and
among other ways in which that may be brought about
he lays down the proposition that, whenever eher oil the
grand departments the Legislative the Executive,
contrary 10 htir trust the Government is dissolved
He then proceeds show that the Executive power. IN
attempting TO influence or control the election OF mem
bers of the Legislative department. or to influence or
control Their conduct representatives after they are
elected, commits gross and fragrant violation OF its
trust. The whole passage is franght with the deepest
wisdom, and should be written IN living characters on
the affairs OF freedom, in whstever land they may be
raised beg leave to read TO the Senate, and to in
woke their serious attention to every word OF its vene-
rabe old English text for every word is significant md
repete with instruction for the present times:
He" the Executive Magistate) acts also contrary
10 ms trust when he either employs the force treasures
office Of the society corrupt the and
gain them to his purposes, openly pre-engages the
electors and prescribes 10 their choice such whom he
has, by solicitations threats, promises, otherwise
won to his designs, and employs them bring in such
who have promised beforehand what vote AID what
to enact Thus to regulate candidates and electors,
and model the Of election. what is IT but to
cut mp The Government by The ROOFS and poison he rery
fountain Of public seeuriy' For the people having re-
serred TO themselves the choice OF their representatives
end but that they might always be freely chosen ard
chosen freely act and advise the necessity Of the
commonwealth and the public good should, upon ex-
animation and debate be judged to require
See History Of the Revolution in England in 1888,
nv Sir James Macintosh chan VII