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By Charles S. Hyneman, Donald S. Lutz

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Read Online or Download American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2) PDF

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Extra info for American Political Writing During the Founding Era, 1760-1805, 2-Vol. Set (v. 1 & 2)

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AND J . any other good history of England. It may not be amiss here just to mention, as a recent instance of this last kind, that the present Lord Chief Justice of the Kings-Bench in England was created a Peer, Anno 1756, by the title of Lord Mansfield of Mansfield; and has now a seat and voice in the House of Lords, and is, to all intents and purposes as completely a member of that branch of the legislative body, as any one member of that august house. Once more, let it be observed that the House of Lords is the supreme court of judicature in the nation, to whom appeals lie from decrees given in chancery, and before whom writs of error are brought upon judgments given in the court of King's-Bench.

And I shall agree, is perfectly consonant to right reason, sound policy, and common sense. But I believe we shall not so readily agree upon the sense in which it is to be understood. In my apprehension, Montesquieu no where says or would be understood to mean that liberty is in danger, or is lost, whenever any one member {241 BOSTON,1763 of that body which exerciseth the judiciary power is a member also of that body which exerciseth the legislative power—or in other words, when the same person is a judge and [at the same time] a member of one branch of the legislative body.

If a prince says he should have a share in legislation by the power of resolving, liberty would be at an end. Mr. J then should take away from a Councellor his essentialpower which he partakes in—of ordaining and amending what has been ordained by others—or his argument fails. " A comrnander-in-chief, if he is a Councellor, has another part in legislation besides the power of rejection and a share in the public debates. The whole share which the executive power has in legislation is barely legislative; it may or may not annul the resolutions of the legislative body as it pleases.

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