Friday, April 30, 2010

Congressional Reform, Part Five

"If we degrade and deprave their minds by servility, it will be absurd to expect, that they who are creeping and abject towards us, will ever be bold and incorruptible assertors of our freedom, against the most seducing and the most formidible of all powers. (p216)"

". . . if we do not permit our members to act upon a very enlarged view of things; we shall at length infallibly degrade our national representation into a confused and scuffling bustle of local agency."

Edmund Burke
Guildhall Speech

Congressional Reform, Part Four

"Certainly, Gentlemen, it ought to be the happiness and glory of a representative, to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion high respect; their business unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. But, his unbiased opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you; to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion."
Edmund Burke
Speech to the Electors of Bristol p 54-55.

Congressional Reform, Part Three

"In legal construction, the sense of the people of England is to be collected from the House of Commons; and, though I do not deny the possibility of an abuse of this trust as well as any other, yet I think, without the most weighty reasons, and in the most urgent exigencies, it is highly dangerous to suppose that the House speaks any thing contrary to the sense of the people, or that the representative is silent when the sense of the constituent strongly, decidedly, and upon long deliberation, speaks audibly upon any topic of moment. If there is a doubt whether the House of Commons represents perfectly the whole Commons of Great Britain, (I think there is none) there can be no question but that Lords and the Commons represent the sense of the whole people to the Crown, and to the world. Thus it is, when we speak legally and constitutionally. In a great measure, it is equally true, when we speak prudentially, but I do not pretend to assert, that there are no other principles to guide discretion than those which are or can be fixed by some law, or some constitution; yet before the legally presumed sense of the people should be superseded by a supposition of one more real (as in all cases, where a legal presumption is to be ascertained) some strong proofs ought to exist of a contrary disposition in the people at large, and some decisive indications of their desire upon this subject."
Edmund Burke
Letters on a Regicide Peace p236-37.

Congressional Reform, Part Two

"'Tis not therefore for Kent or Sussex, Lewis or Maidstone, but for the whole nation, that the members chosen in these places are sent to serve in Parliament: and tho it be fit for them as friends and neighbors (so far as may be) to hearken to the opinions of the electors for the information of their judgments, and to the end that what they shall say may be of more weight, when everyone is known not to speak his own thoughts only, but those of a great number of men; yet they are not strictly and properly obliged to give account of their actions to any, unless the whole body of the nation for they serve, and who are equally concerned in their resolutions could be assembled."
Algernon Sidney
Discourses on Government, p 565.

Sunday, April 18, 2010

Lex Misericordia

"Sir, there is no human enactment which is just that is not a re-enactment of the law of God."
William Henry Seward
Higher Law Speech

Friday, April 09, 2010

Laws Lean on One Another, Part Two

"Manners are of more importance than laws. Upon them, in great measure, the laws depend. The law touches us but here and there, and now and then. Manners are what vex and sooth, corrupt or purify, exalt or debase, barbarize or refine us, by a constant, steady, uniform, insensible operation, like that of the air we breathe in. They give their whole form and colour to our lives. According to their quality, they aid morals, they supply them, or they totally destroy them."

Edmund Burke
Letters on a Regicide Peace, p 126.