102 NOMOLOOY. 



or removal from office, for neglect of duties, or abuse of delegated 

 powers. Hence arose the division of authority which now prevails, 

 in the best governments, between the legislative, judicial, and execu- 

 tive departments: each having a check on the power of the others. 

 Of these departments, we proceed briefly to speak. 



2. The Principles of Legislation, include the organization of 

 legislatures ; legislative forms, or parliamentary usages ; and the prin- 

 ciples of natural and divine law, on which all laws should be founded. 

 Legislative power, or the power of making laws, even when en- 

 trusted to the immediate representatives of the people, is found to be 

 most safely vested in two co-ordinate bodies, whose separate consent 

 should be necessary to the enactment of a law. The more popular 

 branch should of course be so numerous, as to secure a full represent- 

 ation of the interests and wishes of the whole people ; beyond which 

 an increase of numbers obstructs the efficiency and weakens the 

 responsibility. The other branch of the legislature should be so 

 limited as to embrace only the highest order of political talent, expe- 

 rience, and wisdom. Each house of the legislature is usually organ- 

 ized by the appointment, or election of a presiding officer and one or 

 more clerks, or recorders of its proceedings ; and each house is the 

 proper judge of the qualifications of its own members. 



In the proceedings of legislative, as of other deliberative bodies, 

 certain rules are necessary to be observed, for the preservation of order, 

 and expediting of business. Such rules, having been introduced 

 into the British Parliament, at an early period, have been very gene- 

 rally styled Parliamentary Rules or Usages. Those of our Con- 

 gress and State Legislatures, though founded on the English rules, 

 have been modified, as the spirit of our institutions, and the change of 

 circumstances required ; and they are still liable to farther modifica- 

 tions. They relate to the duties of the presiding officer ; the mode 

 of qualifying members ; the general order of business ; the reference 

 of subjects to committees, or to a committee of the whole house; 

 the mode of receiving and acting upon bills or amendments ; the 

 courtesy due to co-ordinate houses, or to the executive ; the recording 

 and verification of the journal ; and similar topics, of which we have 

 no farther room to speak. These rules are the more important, from 

 their being used in regulating the proceedings of public meetings 

 generally ; even those for religious or scientific purposes. 



The style of laws should be as precise as possible; and they 

 should be changed as seldom as a due regard to the public welfare 

 will allow ; lest they should lose in dignity, and fail in the requisite 

 publicity. They should of course be founded in justice, and should 

 be as few and as simple as the condition of society will admit ; leav- 

 ing things to regulate themselves, wherever they are not likely to pro- 

 duce public injury; unless much good will clearly result from posi- 

 tive legislation. The object of good laws should be, not only to 

 punish crimes when committed, but as far as possible to prevent the 

 commission of them. Montesquieu very properly enumerates four 

 ipecies of crimes ; those against religion ; against morals ; against 

 private security ; and against public safety ; all of which come within 



