The American legislature, however, differs from the British parliament, in as much as the one is circumscribed in its powers, and the other is omnipotent. The latter can do every thing, according to Coke, but convert man into woman. The representatives of congress are elected, as I have already observed, every second year, by the people of each state; these representatives, with the senate, possess the whole powers of legislation.* One house of representatives alone would be worse than pure democracy; another has therefore been wisely introduced, which consists of two members from each state, who are elected for six years, by the state legislatures, and of whom one-third go out every two years. The senate acts as a check upon the house of representatives, and by their wisdom and age, control the impetuosity of popular feeling which might otherwise overflow to the injury of the country. The house of representatives on the other hand, checks the aristocratic tendency of the senate, and the executive serves as a counterpoise to both. The qualifications of representatives are very simple.-It is only required that they should be citizens of the United States, and have attained the age of twenty-five; the moment

*It is worthy of remark, however, says an American judge very correctly," that in congress the whole legislative power of the United States is not vested; an important part of that power was exercised by the people themselves, when they ordained and established the constitution.".

You

their period of service expires, they are again, unless re-elected, reduced to the rank and condition of citizens. If they should have acted in opposition to the wishes and interests of their constituents while performing the functions of legislation, the people possess the remedy and can exercise it without endangering the peace and harmony of society; the offending member is dropt, and his place supplied by another more worthy of confidence. This consciousness of responsibility on the part of the representatives, operate as a perpetual guarantee to the people, and protects and secures them in the enjoyment of their political and civil liberties. will now admit, my lord, that the Americans have attained the Ultima Thule in representative legislation, and that they enjoy this inestimable blessing to a much greater extent than the people of Great Britain. Of the three distinct and independent branches of our government, but one owes its existence to the free suffrages of the people, and this, from the inequality of representation, the long intervals between the periods of election and the liability of members, from this circumstance, to be corrupted, is not so important and useful a branch as might otherwise be expected. Imperfect, however, as it is, the people without it, would indeed be slaves, and the government nothing more than a pure monarchy. It is not surprising that amidst the revolutions of the world, and the numerous experiments which

have been attempted in government, mankind should never before have adopted, in its fullest extent, this system of representation; it has at all periods of the world been the policy of princes and of priests to obscure the human mind, and to enshroud in the gloom of superstition the natural rights of mankind; every artifice has been employed to prevent the free exercise of intellect, and to check the career of thought; the battery of legitimate authority, and the potency of popular superstition have too often been employed for purposes the most vile, flagitious and contemptible. By such practices as these, says Dr. Hutcheson,* the natural notions of polity were erased out of the minds of men, and they were filled with some confused imagination of something adorable in monarchs, some representation of the divinity, and of some certain divine claims in certain families." Hence has originated the difficulty of establishing a government in which the liberties of the people should be secured, and their civil rights defined, developed and understood. It has been reserved to this country to adopt this system of representative legislation in its fullest extent, and thus to form a government which realizes the most splendid visions of antiquity. Parliaments have indeed existed in very remote ages, but they have never before been founded on the principles of correct and equal repres

*Hutcheson's Moral Philosophy.

sentation. America has introduced a new system in this respect, which tends to fix the rights of mankind on their broadest basis, and to serve to future ages as the best mode of securing the liberty and contributing to the happiness of man.* I will now conclude, lest I should trespass on your patience too much. In my next, I will endeavour to give you some thoughts on the Judiciary or third branch of the American constitution.

I have the honor to be, your lordship's most obedient humble servant,

S

*It is complete representation only, says D. Price, which gives full security, and can properly denominate a people free.-Tracts on Civil Liberty.

LETTER II.

WASHINGTON,

1818.

LORD B........

I am apprehensive, my lord, that my desultory observations on the constitution of this country, will be too tedious for one of your sportive and poetic imagination; but as you have sought them, I hope you will have philosophy enough to practice the maxim of Zeno-bear and forbear. We cannot always expect to repose amid bowers of roses, or slumber to the dying melody of the Eolian harp. You know the lyre of Apollo is sometimes unstrung, and the muses sometimes cease to warble in the regions of poetic bliss.

The Judicial power of the United States is vested in one Supreme Court and other inferior tribunals, which have jurisdiction in all cases of law, equity and fact. The judges hold their office during good behaviour, and are absolutely independent of the other co-ordinate branches of government; the judicial power is co-extensive with the legislature, and the decision of the Supreme Court on the constitution and laws of the union is final; this court has original jurisdiction in all cases affecting ambassadors, public ministers and consuls, and those in which a state shall be party. In all other cases specified in the constitution, they have appellate jurisdiction, both as to law and fact. The independence of the Judiciary