It is this unnatural infusion of a government which in a great part of its constitution is popular, that has raised the present ferment in the nation. The people, without entering deeply into its principles, could plainly perceive its effects, in much violence, in a great spirit of innovation, and a general disorder in all the functions of government. I keep my eye solely on this system; if I speak of those measures which have arisen from it, it will be so far only as they illustrate the general scheme. This is the fountain of all those bitter waters, of which, through an hundred different conduits, we have drunk until we are ready to burst. The discretionary power of the Crown in the formation of ministry, abused by bad or weak men, has given rise to a system which, without directly violating the letter of any law, operates against the spirit of the whole constitution.
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, in 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 POLICIES, OF A COURT.
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