north america-2-第11章
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reet choose to pelt each other across the way with brickbats; and the other inhabitants are denied the privileges of the footpath lest they should interfere with the due prosecution of the quarrel! It is; I suppose; the truth that we English have insisted on this right of search with more pertinacity than any other nation。 Now in this case of Slidell and Mason we have felt ourselves aggrieved; and have resisted。 Luckily for us there was no doubt of the illegality of the mode of seizure in this instance; but who will say that if Captain Wilkes had taken the 〃Trent〃 into the harbor of New York; in order that the matter might have been adjudged there; England would have been satisfied? Our grievance was; that our mail…packet was stopped on the seas while doing its ordinary beneficent work。 And our resolve is; that our mail…packets shall not be so stopped wit impunity。 As we were high handed in old days in insisting on this right of search; it certainly behoves us to see that we be just in our modes of proceeding。 Would Captain Wilkes have been right; according to the existing law; if he had carried the 〃Trent〃 away to New York? If so; we ought not to be content with having escaped from such a trouble merely through a mistake on his part。 Lord Russell says that the voyage was an innocent voyage。 That is the fact that should be established; not only that the voyage was; in truth; innocent; but that it should not be made out to be guilty by any international law。 Of its real innocency all thinking men must feel themselves assured。 But it is not only of the seizure that we complain; but of the search also。 An honest man is not to be bandied by a policeman while on his daily work; lest by chance a stolen watch should be in his pocket。 If international law did give such power to all belligerents; international law must give it no longer。 In the beginning of these matters; as I take it; the object was when two powerful nations were at war to allow the smaller fry of nations to enjoy peace and quiet; and to avoid; if possible; the general scuffle。 Thence arose the position of a neutral。 But it was clearly not fair that any such nation; having proclaimed its neutrality; should; after that; fetch and carry for either of the combatants to the prejudice of the other。 Hence came the right of search; in order that unjust falsehood might be prevented。 But the seas were not then bridged with ships as they are now bridged; and the laws as written were; perhaps; then practical and capable of execution。 Now they are impracticable and not capable of execution。 It will not; however; do for us to ignore them if they exist; and therefore they should be changed。 It is; I think; manifest that our own pretensions as to the right of search must be modified after this。 And now I trust I may finish my book without again naming Messrs。 Slidell and Mason。 The working of the Senate bears little or no analogy to that of our House of Lords。 In the first place; the Senator's tenure there is not hereditary; nor is it for life。 They are elected; and sit for six years。 Their election is not made by the people of their States; but by the State legislature。 The two Houses; for instance; of the State of Massachusetts meet together and elect by their joint vote to the vacant seat for their State。 It is so arranged that an entirely new Senate is not elected every sixth year。 Instead of this a third of the number is elected every second year。 It is a common thing for Senators to be re…elected; and thus to remain in the house for twelve and eighteen years。 In our Parliament the House of Commons has greater political strength and wider political action than the House of Lords; but in Congress the Senate counts for more than the House of Representatives in general opinion。 Money bills must originate in the House of Representatives; but that is; I think; the only special privilege attaching to the public purse which the Lower House enjoys over the Upper。 Amendments to such bills can be moved in the Senate; and all such bills must pass the Senate before they become law。 I am inclined to think that individual members of the Senate work harder than individual Representatives。 More is expected of them; and any prolonged absence from duty would be more remarked in the Senate than in the other House。 In our Parliament this is reversed。 The payment made to members of the Senate is 3000 dollars; or 600l。; per annum; and to a Representative; 500l。 per annum。 To this is added certain mileage allowance for traveling backward and forward between their own State and the Capitol。 A Senator; therefore; from California or Oregon has not altogether a bad place; but the halcyon days of mileage allowances are; I believe; soon to be brought to an end。 It is quite within rule that the Senator of to…day should be the Representative of to…morrow。 Mr。 Crittenden; who was Senator from Kentucky; is now a member of the Lower House from an electoral district in that State。 John Quincy Adams went into the House of Representatives after he had been President of the United States。 Divisions in the Senate do not take place as in the House of Representatives。 The ayes and noes are called for in the same way; but if a poll be demanded; the Clerk of the House calls out the names of the different Senators; and makes out lists of the votes according to the separate answers given by the members。 The mode is certainly more dignified than that pursued in the other House; where during the ceremony of voting the members look very much like sheep being passed into their pens。 I heard two or three debates in the House of Representatives; and that one especially in which; as I have said before; a chapter was read out of the Book of Joshua。 The manner in which the Creator's name and the authority of His Word was banded about the house on that occasion did not strike me favorably。 The question originally under debate was the relative power of the civil and military authority。 Congress had desired to declare its ascendency over military matters; but the army and the Executive generally had demurred to this;not with an absolute denial of the rights of Congress; but with those civil and almost silent generalities with which a really existing power so well knows how to treat a nominal power。 The ascendant wife seldom tells her husband in so many words that his opinion in the house is to go for nothing; she merely resolves that such shall be the case; and acts accordingly。 An observer could not but perceive that in those days Congress was taking upon itself the part; not exactly of an obedient husband; but of a husband vainly attempting to assert his supremacy。 〃I have got to learn;〃 said one gentleman after another; rising indignantly on the floor; 〃that the military authority of our generals is above that of this House。〃 And then one gentleman relieved the difficulty of the position by branching off into an eloquent discourse against slavery; and by causing a chapter to be read out of the Book of Joshua。 On that occasion the gentleman's diversion seemed to have the effect of relieving the House altogether from the embarrassment of the original question; but it was becoming manifest; day by day; that Congress was losing its ground; and that the army was becoming indifferent to its thunders: that the army was doing so; and also that ministers were doing so。 In the States; the President and his ministers are not in fact subject to any parliamentary responsibility。 The President may be impeached; but the member of an opposition does not always wish to have recourse to such an extreme measure as impeachment。 The ministers are not in the houses; and cannot therefore personally answer questions。 Different large subjects; such as foreign affairs; financial affairs; and army matters; are referred to Standing Committees in both Houses; and these committees have relations with the ministers。 But they have no constitutional power over the ministers; nor have they the much more valuable privilege of badgering a minister hither and thither by viva voce questions on every point of his administration。 The minister sits safe in his officesafe there for the term of the existing Presidency if he ca