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The American democrat, or, Hints on the social and civic relations of the United States of America
by James Fenimore Cooper
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Excerpt:
Distinctive American principles as properly refer to the institutions of the states as to those of the Union. A correct notion of the first cannot be formed without keeping the latter constantly in view.
The leading distinctive principle of this country, is connected with the fact that all political power is strictly a trust, granted by the constituent to the representative. These representatives possess different duties, and as the greatest check that is imposed on them, while in the exercise of their offices, exists in the manner in which the functions are balanced by each other, it is of the last importance that neither class trespass on the trusts that are not especially committed to its keeping.
The machinery of the state being the same in appearance, in this country and in that from which we are derived, inconsiderate commentators are apt to confound their principles. In England, the institutions have been the result of those circumstances to which time has accidentally given birth. The power of the king was derived from violence, the monarch, before the act of succession, in the reign of Queen Anne, claiming the throne in virtue of the conquest by William, in 1060. In America, the institutions are the result of deliberate consultation, mutual concessions, and design. In England, the people may have gained by diminishing the power of the king, who first obtained it by force ; but, in America, to assail the rightful authority of the executive, is attacking a system framed by the constituencies of the states, who are virtually the people, for their own benefit. No assault can be made on any branch of this government, while in the exercise of its constitutional duties, without assaulting the right of the body of the nation, which is the foundation of the whole polity.
In countries, in which executive power is hereditary, and clothed with high prerogatives, it may be struggling for liberty to strive to diminish its influence; but, in this republick, in which the executive is elective, has no absolute authority in framing the laws, serves for a short period, is responsible, and has been created by the people, through the states, for their own purposes, it is assailing the rights of that people, to attempt in any manner to impede its legal and just action.
It is a general law in politics, that the power most to be distrusted, is that which, possessing the greatest force, is the least responsible. Under the constitutional monarchies of Europe, (as they exist in theory, at least,) the king, besides uniting in his single person all the authority of the executive, which includes a power to make war, create peers, and unconditionally to name to all employments, has an equal influence in enacting laws, his veto being absolute; but, in America, the executive, besides being elective, is stripped of most of these high sources of influence, and is obliged to keep constantly in view the justice and legality of his acts, both on account of his direct responsibilities, and on account of the force of public opinion.
In this country, there is far more to apprehend from congress, than from the executive, as is seen in the following reasons :—Congress is composed of many, while the executive is one, bodies of men notoriously acting with less personal responsibilities than individuals; congress has power to enact laws, which it becomes the duty of the executive to see enforced, and the really legislative authority of a country is always its greatest authority; from the decisions and constructions of the executive, the citizen can always appeal to the courts for protection, but no appeal can lie from the acts of congress, except on the ground of unconstitutionality; the executive has direct personal responsibilities under the laws of the land, for any abuses of his authority, but the member of congress, unless guilty of open corruption, is almost beyond personal liabilities.
It follows that the legislature of this country, by the intention of the constitution, wields the highest authority under the least responsibility, and that it is the power most to be distrusted. Still, all who possess trusts, are to be diligently watched, for there is no protection against abuses without responsibility, nor any real responsibility, without vigilance.
