Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
To illustrate this argument, I will repeat a position which I lately
advanced, namely, that the substance of a constitution may be effectually
destroyed, and yet its form may remain unaltered. England illustrates
it. The Government of that country took its present form in the
thirteenth century; but its aspect in substance has been extremely
different at different periods, under the same form. Without taking
time to mark the changes in substance which have taken place under
the form of Kings, Lords, and Commons, it will suffice to cast our
eyes upon the present state of that Government. What are now its chief
and substantial energies? Armies, debt, executive patronage, penal
laws, and corporations. These are the modern energies or substance
of the English monarchy; to the ancient English monarchy they were
unknown. Of the ancient, they were substantial abuses; for, whether
these modern energies are good or bad, they overturned the ancient
monarchy substantially, without altering its form. Under every change
of Administration these abuses proceeded. The _outs_ were clamorous for
preserving the constitution, as they called it; for, though divorced
from its administration, the hope of getting in again caused them to
maintain abuses, by which their avarice or ambition might be gratified
upon the next turn of the wheel; just as in Prussia, where divorces are
common, nothing is more usual than for late husbands to affect a violent
passion for a former wife, if she carried off from him a good estate! And
the _ins_, fearing the national jealousy, and the prepossession against
amending the form of Government, and meeting new abuses by new remedies,
brought no relief to the nation. So that under every change of men abuses
proceeded.
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