Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
But although these three elements can never be wholly separated—it does
not follow that men, who desire to be well-governed, should not try to
separate them and to keep them separated as far as they can. Still less,
that because they cannot be wholly separated, they shall therefore be
encouraged to run together and to crystalize into a mischief that may
never be resolved again but by the process of decomposition.
And now, I contend that, in effect, We, the People of these United
States, are governed by an Oligarchy; and that, by being allowed to
choose our own masters—provided we choose them, or at least, a large
majority of them, out of a particular class—we are blinded to the
inevitable consequences: till we mistake words for things, and shadows
for substances: and that our mistake is all the more dangerous and
alarming that we cannot be persuaded to treat the matter seriously.
I contend, moreover, that, inasmuch as the Lawyers of our land make all
the laws; and as Judges expound all the laws, and as office-holders
carry all the laws into execution, therefore they constitute of
themselves the Sovereign Power.
Are the facts questioned? In the Massachusetts legislature, we have had
two hundred and sixty lawyers out of three hundred and fifty members;
and in congress we had not long ago, the same number, two hundred and
sixty lawyers out of two hundred and ninety-seven members—the balance
being made up in this way. Manufacturers and farmers, fifteen:
Merchants, one: Unknown, (being mechanics or preachers, or something of
the sort,) twenty-one. Perhaps there may be some error here, as I find
the only note I have upon the subject so blurred, that I am not sure of
the figures; but the fact on which I rely is too notorious to be
questioned. Every body knows that lawyers constitute a large majority in
all our legislative bodies, and have done so for the last fifty years;
and that they make about all the speeches that are made there, or
supposed to be made there, and afterward reported by themselves for the
newspapers. Can it be doubted therefore, that they as a body do in fact
and in truth constitute our supreme legislative power—thereby absorbing
to themselves just one third part, and by far the most important part of
our whole sovereignty as a people.
As little can it be seriously questioned that, inasmuch as all our
judges, from the highest to the lowest are lawyers; or ought to be, as
they are always ready enough to acknowledge—they constitute the supreme
judiciary; another third part of our whole sovereignty as a people.
Public-domain text, read in full here on John Shaqi.
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