GOVERNMENT.

PART VIII.

OF GOVERNMENT.

SOCIETY. Men either tacitly or by consent, have in all ages, associated together for their pleasure, or their convenience; hence it has been laconically but aptly stated, that the origin of society is our wants. Whether in the earlier ages of the world, formal contracts were entered into in regard to mutual association, cannot now be known; but there can be no doubt that a conviction of the weakness of individual effort to promote human hapiness first led to the union of the efforts of numbers, for its more complete accomplishment. The first and most probable association was that of persons of the same family; as families multiplied, their relationship of consanguinity decreased in intensity, and social relations, independently of blood, necessarily and naturally grew up. This appears to be in perfect accordance with the revealed accounts of the primitive origin of mankind, where single families formed the first society among themselves, which every day extended its limits and when it grew too large to subsist with convenience in that pastoral state, in which the patriarchs appear to have lived, it necessarily subdivided itself by various migrations. Afterwards, as agriculture increased, migrations became less frequent; and various tribes, which had formerly separated, re-united; sometimes by compulsion and conquest, sometimes by accident, and sometimes perhaps by compact. But though society had not its forms beginning from any convention of individuals actuated by their wants, yet it is a sense of their weakness and imperfection that keeps mankind together; that demonstrates the necessity of this union; and that, therefore, is the solid and natural foundations, as well as the cement of society. This is what is meant by the original contract of society; which, though perhaps in no instance ever formally expressed at the first institution of a state, yet in nature and reason it must always be understood and implied in the very act of associating together, that the whole should protect all its parts, and that every part should pay obedience to the will of the whole; or, in other words, that the community should guard the rights of each individual member, and that in return for this protection, each individual should submit to the laws of the community.

GOVERNMENT. As society arises from our wants, so arises government from our errors, vices, and crime. Were man a perfect being, he would not need government. Individual security and happiness being the true end and design of government, whatever form insures it with the least expense, consistent also with the general security and happiness, is to be preferred. Government being therefore necessary for the preservation of social order, it is obvious that the exercise of it should be committed to persons in whom those qualities are most likely to be found, the perfection of which is among the attributes of Him who is emphatically styled the Supreme Being; namely, wisdom, goodness and power;

GOVERNMENT.

wisdom, to discern the real interest of the community; goodness, to endeavor always to pursue that real interest; and strength, or power, to carry this knowledge and intention into action. These are the natural foundations of sovereignty; and these are the requsites that ought to be found in every well constituted government.

DIFFERENT FORMS OF GOVERNMENT. The political writers of antiquity will not allow above three regular forms of government; the first, where the sovereign power is lodged in an aggregate assembly consisting of all the members of a community, is called democracy; the second where it is lodged in a council composed of select members, when it is styled aristocracy; the last, where it is intrusted to the hands of a single person, and then it takes the name of monarchy. All other species of government, they say, are either corruptions of, or reducible to these three. By sovereign power is meant that which makes and executes, or directs the execution of the laws. Wherever this power resides, all others must conform to, and be directed by it. For it is always at the option of such power to alter the form and administration by new laws, and to put the execution of the laws generally into whatever hands it pleases; and all the other powers of the state must, of course, obey it in the execution of their several functions, or else the constitution is at an end.

In a Democracy, where the right of making laws resides in the people at large, public virtue, or goodness of intention, is more likely to be found than in either of the other forms of government. Popular assemblies are, however, frequently weak in their plans, and slow in their execution; though they generally mean to do the thing that is right and just, and have always a certain degree of patriotism or public spirit.

In Aristocracies there is more coolness and deliberation than in perhaps, any other form of government; and from their being composed usually of the richest members of the state, they have opportunities for the acquisition of knowledge, which are denied to the ordinary citizen; yet, from the absence of motive to excite their intellects, it does not ordinarily follow that the aristocracy constitutes the wisest portion of a state; the persons composing the aristocracy are, besides, generally removed by their situation, from that sympathy necessary to enable them to consult without prejudice, the interests of the main body of the people; and hence of all forms of government, aristocracy appears to be the worst.

An absolute monarchy is the most powerful of any; and provided it were possible to have a perfect man as a monarch, we could not hesitate as to the choice between these three kinds of government. As, however, an absolute monarch is very likely to employ his power to the great injury of a state, such a government cannot be approved.

STATE GOVERNMENTS. The several state governments included within the United States are repesentative republics, inasmuch as the people are governed by those whom they choose to represent them.

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And all these governments have written constitutions, excepting the state of Rhode Island, where the government is still administered according to the provisions of its ancient colonial charter. It is proposed to exhibit the prominent features of the respective constitutions of the States, with the more obvious peculiarities of each.

MAINE. The constitution of this state was formed in 1819; but did not go into operation until 1820.

Legislature. This consists of a Senate and House of Representatives, the members of which are chosen annually, on the second Monday in September. Meeting at Portland, on the first Wednesday in January. The number of Senators cannot be less than twenty, nor more than thirty-one. Number of Representatives, not less than one hundred, nor more than two hundred. The qualifications for Representatives are, citizenship for five years, and residence in the State one year. Senators must possess like qualifications, and be twenty-five years of age.

Executive. The executive power is vested in a Governor, chosen annually by the people, on the second Monday in September. He must have the same qualifications as Senators, and be thirty years of age. A council of seven, chosen annually by joint ballot of the Senate and Representatives. The executive has the power of appointment and pardon, and a qualified negative on acts of the Legislature, as in Massachusetts.

Judiciary. The judicial power resides in a Supreme Judicial Court and County Courts. Judges appointed by the governor and councilhold their office during good behavior; but are disqualified at the age of seventy.

Right of Suffrage. The right of suffrage is nearly universal; being granted to all male citizens of twenty-one years of age and upwards, who have resided in the state for three months next preceding the election. Paupers, persons under guardianship, and Indians not taxed, are excepted.

NEW HAMPSHIRE. amended in 1792.

Constitution established in 1784; altered and

Legislature. Consists of two branches-House of Representatives and Senate, styled the General Court of New Hampshire. Representatives are chosen by towns, at the rate of one representative to one hundred and fifty polls; three hundred additional polls entitle to another representative. Representatives must have been inhabitants two years; have an estate of one hundred pounds, half of which must be freehold. The Senate consists of twelve. Persons to be eligible to the Senate, must have a freehold of two hundred pounds; be thirty years of age, and have resided in the state seven years. They are chosen by districts.

Executive. The Executive consists of a Governor, who must have resided in the State seven years, and have an estate of five hundred pounds, one half freehold; and a council of five elected by the people. Powers and duties as in Maine. Annual election, at which the Governor, Council, Senators, and Representatives are chosen, second Tuesday