HISTORY OF THE FEDERAL CONSTITUTION.
Origin of the first union.—Its Weakness.—Congress appeals to the constituent3 Authority.—Interval4 of two Years between the Appeal and the Promulgation5 of the new Constitution.
The thirteen colonies which simultaneously6 threw off the yoke7 of England toward the end of the last century, possessed8, as I have already observed, the same religion, the same language, the same customs, and almost the same laws; they were struggling against a common enemy; and these reasons were sufficiently9 strong to unite them one to another, and to consolidate10 them into one nation. But as each of them had enjoyed a separate existence, and a government within its own control, the peculiar11 interests and customs which resulted from this system, were opposed to a compact and intimate union, which would have absorbed the individual importance of each in the general importance of all. Hence arose two opposite tendencies, the one prompting the Anglo-Americans to unite, the other to divide their strength. As long as the war with the mother-country lasted, the principle of union was kept alive by necessity; and although the laws which constituted it were defective12, the common tie subsisted13 in spite of their imperfections.{120} But no sooner was peace concluded than the faults of the legislation became manifest, and the state seemed to be suddenly dissolved. Each colony became an independent republic, and assumed an absolute sovereignty. The federal government, condemned16 to impotence by its constitution, and no longer sustained by the presence of a common danger, saw the outrages17 offered to its flag by the great nations of Europe, while it was scarcely able to maintain its ground against the Indian tribes, and to pay the interest of the debt which had been contracted during the war of independence. It was already on the verge19 of destruction, when it officially proclaimed its inability to conduct the government, and appealed to the constituent authority of the nation.{121}
If America ever approached (for however brief a time) that lofty pinnacle20 of glory to which the proud fancy of its inhabitants is wont21 to point, it was at the solemn moment at which the power of the nation abdicated23, as it were, the empire of the land. All ages have furnished the spectacle of a people struggling with energy to win its independence; and the efforts of the Americans in throwing off the English yoke have been considerably24 exaggerated. Separated from their enemies by three thousand miles of ocean, and backed by a powerful ally, the success of the United States may be more justly attributed to their geographical25 position, than to the valor26 of their armies or the patriotism27 of their citizens. It would be ridiculous to compare the American war to the wars of the French revolution, or the efforts of the Americans to those of the French, who, when they were attacked by the whole of Europe, without credit and without allies, were still capable of opposing a twentieth part of their population to their foes28, and of bearing the torch of revolution beyond their frontiers while they stifled29 its devouring30 flame within the bosom31 of their country. But it is a novelty in the history of society to see a great people turn a calm and scrutinizing32 eye upon itself when apprised33 by the legislature that the wheels of government had stopped; to see it carefully examine the extent of the evil, and patiently wait for two whole years until a remedy was discovered, which it voluntarily adopted without having wrung35 a tear or a drop of blood from mankind. At the time when the inadequacy36 of the first constitution was discovered, America possessed the double advantage of that calm which had succeeded the effervescence of the revolution, and of those great men who had led the revolution to a successful issue. The assembly which accepted the task of composing the second constitution was small;{122} but George Washington was its president, and it contained the choicest talents and the noblest hearts which had ever appeared in the New World. This national commission, after long and mature deliberation, offered to the acceptance of the people the body of general laws which still rules the union. All the states adopted it successively.{123} The new federal government commenced its functions in 1789, after an interregnum of two years. The revolution of America terminated when that of France began.
SUMMARY OF THE FEDERAL CONSTITUTION.
Division of Authority between the Federal Government and the States.—The Government of the States is the Rule: the Federal Government the Exception.
The first question which awaited the Americans was intricate, and by no means easy of solution; the object was so to divide the authority of the different states which composed the union, that each of them should continue to govern itself in all that concerned its internal prosperity, while the entire nation, represented by the union, should continue to form a compact body, and to provide for the exigencies39 of the people. It was as impossible to determine beforehand, with any degree of accuracy, the share of authority which each of the two governments was to enjoy, as to foresee all the incidents in the existence of a nation.
The obligations and the claims of the federal government were simple and easily definable, because the union had been formed with the express purpose of meeting the general exigencies of the people; but the claims and obligations of the states were, on the other hand, complicated and various, because those governments penetrated40 into all the details of social life. The attributes of the federal government were, therefore, carefully enumerated42, and all that was not included among them was declared to constitute a part of the privileges of the several governments of the states. Thus the government of the states remained the rule, and that of the confederation became the exception.{124}
But as it was foreseen, that, in practice, questions might arise as to the exact limits of this exceptional authority, and that it would be dangerous to submit these questions to the decision of the ordinary courts of justice, established in the states by the states themselves, a high federal court was created,{125} which was destined43, among other functions, to maintain the balance of power which had been established by the constitution between the two rival governments.{126}
PREROGATIVE44 OF THE FEDERAL GOVERNMENT.
Power of declaring War, making Peace, and levying46 general Taxes vested in the Federal Government.—What Part of the internal Policy of the Country it may direct.—The Government of the union in some respects more central than the King's Government in the old French monarchy47.
The external relations of a people may be compared to those of private individuals, and they cannot be advantageously maintained without the agency of the single head of a government. The exclusive right of making peace and war, of concluding treaties of commerce, of raising armies, and equipping fleets, was therefore granted to the union.{127} The necessity of a national government was less imperiously felt in the conduct of the internal affairs of society; but there are certain general interests which can only be attended to with advantage by a general authority. The union was invested with the power of controlling the monetary48 system, of directing the post-office, and of opening the great roads which were to establish communication between the different parts of the country.{128} The independence of the government of each state was formally recognized in its sphere; nevertheless the federal government was authorized49 to interfere50 in the internal affairs of the states{129} in a few predetermined cases, in which an indiscreet abuse of their independence might compromise the security of the union at large. Thus, while the power of modifying and changing their legislation at pleasure was preserved in all the republics, they were forbidden to enact52 ex post facto laws, or to create a class of nobles in their community.{130} Lastly, as it was necessary that the federal government should be able to fulfil its engagements, it was endowed with an unlimited53 power of levying taxes.{131}
In examining the balance of power as established by the federal constitution; in remarking on the one hand the portion of sovereignty which has been reserved to the several states, and on the other the share of power which the union has assumed, it is evident that the federal legislators entertained the clearest and most accurate notions on the nature of the centralisation of government. The United States form not only a republic, but a confederation; nevertheless the authority of the nation is more central than it was in several of the monarchies54 of Europe when the American constitution was formed. Take, for instance, the two following examples:—
Thirteen supreme courts of justice existed in France, which, generally speaking, had the right of interpreting the law without appeal; and those provinces, styled pays d'etats, were authorized to refuse their assent55 to an impost56 which had been levied57 by the sovereign who represented the nation.
In the union there is but one tribunal to interpret, as there is one legislature to make the laws; and an impost voted by the representatives of the nation is binding58 upon all the citizens.
In these two essential points, therefore, the union exercises more central authority than the French monarchy possessed, although the union is only an assemblage of confederate republics.
In Spain certain provinces had the right of establishing a system of customhouse duties peculiar to themselves, although that privilege belongs, by its very nature, to the national sovereignty. In America the congress alone has the right of regulating the commercial relations of the states. The government of the confederation is therefore more centralized in this respect than the kingdom of Spain. It is true that the power of the crown in France or in Spain was always able to obtain by force whatever the constitution of the country denied, and that the ultimate result was consequently the same; and I am here discussing the theory of the constitution.
FEDERAL POWERS.
After having settled the limits within which the federal government was to act, the next point was to determine the powers which it was to exert.
LEGISLATIVE59 POWERS.
Division of the legislative Body into two Branches.—Difference in the Manner of forming the two Houses.—The Principle of the Independence of the States predominates in the Formation of the Senate.—The Principle of the Sovereignty of the Nation in the Composition of the House of Representatives.—Singular Effects of the Fact that a Constitution can only be Logical in the early Stages of a Nation.
The plan which had been laid down beforehand for the constitution of the several states was followed, in many points, in the organization of the powers of the union. The federal legislature of the union was composed of a senate and a house of Representatives. A spirit of conciliation61 prescribed the observance of distinct principles in the formation of each of these two assemblies. I have already shown that two contrary interests were opposed to each other in the establishment of the federal constitution. These two interests had given rise to two opinions. It was the wish of one party to convert the union into a league of independent states, or a sort of congress, at which the representatives of the several peoples would meet to discuss certain points of their common interests. The other party desired to unite the inhabitants of the American colonies into one sole nation, and to establish a government, which should act as the sole representative of the nation, as far as the limited sphere of its authority would permit. The practical consequences of these two theories were exceedingly different.
The question was, whether a league was to be established instead of a national government; whether the majority of the states, instead of a majority of the inhabitants of the union, was to give the law; for every state, the small as well as the great, then retained the character of an independent power, and entered the union upon a footing of perfect equality. If, on the contrary, the inhabitants of the United States were to be considered as belonging to one and the same nation, it was natural that the majority of the citizens of the union should prescribe the law. Of course the lesser62 states could not subscribe63 to the application of this doctrine64 without, in fact, abdicating65 their existence in relation to the sovereignty of the confederation; since they would have passed from the condition of a co-equal and co-legislative authority, to that of an insignificant66 fraction of a great people. The former system would have invested them with an excessive authority, the latter would have annulled68 their influence altogether. Under these circumstances, the result was, that the strict rules of logic60 were evaded70, as is usually the case when interests are opposed to arguments. A middle course was hit upon by the legislators, which brought together by force two systems theoretically irreconcilable71.
The principle of the independence of the states prevailed in the formation of the senate, and that of the sovereignty of the nation predominated in the composition of the house of representatives. It was decided72 that each state should send two senators to congress, and a number of representatives proportioned to its population.{132} It results from this arrangement that the state of New York has at the present day forty representatives, and only two senators; the state of Delaware has two senators, and only one representative; the state of Delaware is therefore equal to the state of New York in the senate, while the latter has forty times the influence of the former in the house of representatives. Thus, if the minority of the nation preponderates74 in the senate, it may paralyze the decisions of the majority represented in the other house, which is contrary to the spirit of constitutional government.
The facts show how rare and how difficult it is rationally and logically to combine all the several parts of legislation. In the course of time different interests arise, and different principles are sanctioned by the same people; and when a general constitution is to be established, these interests and principles are so many natural obstacles to the rigorous application of any political system, with all its consequences. The early stages of national existence are the only periods at which it is possible to maintain the complete logic of legislation; and when we perceive a nation in the enjoyment77 of this advantage, before we hasten to conclude that it is wise, we should do well to remember that it is young. When the federal constitution was formed, the interest of independence for the separate states, and the interest of union for the whole people, were the only two conflicting interests which existed among the Anglo-Americans; and a compromise was necessarily made between them.
It is, however, just to acknowledge that this part of the constitution has not hitherto produced those evils which might have been feared. All the states are young and contiguous; their customs, their ideas, and their wants, are not dissimilar; and the differences which result from their size or inferiority do not suffice to set their interests at variance78. The small states have consequently never been induced to league themselves together in the senate to oppose the designs of the larger ones; and indeed there is so irresistible79 an authority in the legitimate80 expression of the will of a people, that the senate could offer but a feeble opposition81 to the vote of the majority of the house of representatives.
It must not be forgotten, on the other hand, that it was not in the power of the American legislators to reduce to a single nation the people for whom they were making laws. The object of the federal constitution was not to destroy the independence of the states, but to restrain it. By acknowledging the real authority of these secondary communities (and it was impossible to deprive them of it), they disavowed beforehand the habitual82 use of constraint83 in enforcing the decisions of the majority. Upon this principle the introduction of the influence of the states into the mechanism84 of the federal government was by no means to be wondered at; since it only attested85 the existence of an acknowledged power, which was to be humored, and not forcibly checked.
A FARTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF REPRESENTATIVES.
The Senate named by the provincial86 Legislature—the Representatives, by the People.—Double Election of the Former—Single Election of the Latter.—Term of the different Offices.—Peculiar Functions of each House.
The senate not only differs from the other house in the principle which it represents, but also in the mode of its election, in the term for which it is chosen, and in the nature of its functions. The house of representatives is named by the people, the senate by the legislators of each state; the former is directly elected; the latter is elected by an elected body; the term for which the representatives are chosen is only two years, that of the senators is six. The functions of the house of representatives are purely87 legislative, and the only share it takes in the judicial88 power is in the impeachment89 of public officers. The senate co-operates in the work of legislation, and tries those political offences which the house of representatives submits to its decision. It also acts as the great executive council of the nation; the treaties which are concluded by the president must be ratified90 by the senate; and the appointments he may make must be definitively91 approved by the same body.{133}
THE EXECUTIVE POWER.{134}
Dependence18 of the President—He is Elective and Responsible.—He is Free to act in his own Sphere under the Inspection92, but not under the Direction, of the Senate.—His Salary fixed93 at his Entry into Office.—Suspensive Veto.
The American legislators undertook a difficult task in attempting to create an executive power dependent on the majority of the people and nevertheless sufficiently strong to act without restraint in its own sphere. It was indispensable to the maintenance of the republican form of government that the representatives of the executive power should be subject to the will of the nation.
The president is an elective magistrate94. His honor, his property, his liberty, and his life, are the securities which the people has for the temperate95 use of his power. But in the exercise of his authority he cannot be said to be perfectly96 independent; the senate takes cognizance of his relations with foreign powers, and of the distribution of public appointments, so that he can neither be bribed97, nor can he employ the means of corruption98. The legislators of the union acknowledged that the executive power would be incompetent100 to fulfill101 its task with dignity and utility, unless it enjoyed a greater degree of stability and of strength than had been granted to it in the separate states.
The president is chosen for four years, and he may be re-elected; so that the chances of a prolonged administration may inspire him with hopeful undertakings102 for the public good, and with the means of carrying them into execution. The president was made the sole representative of the executive power of the union; and care was taken not to render his decisions subordinate to the vote of a council—a dangerous measure, which tends at the same time to clog103 the action of the government and to diminish its responsibility. The senate has the right of annulling104 certain acts of the president; but it cannot compel him to take any steps, nor does it participate in the exercise of the executive power.
The action of the legislature on the executive power may be direct; and we have just shown that the Americans carefully obviated105 this influence; but it may, on the other hand, be indirect. Public assemblies which have the power of depriving an officer of state of his salary, encroach upon his independence; and as they are free to make the laws, it is to be feared lest they should gradually appropriate to themselves a portion of that authority which the constitution had vested in his hands. This dependence of the executive power is one of the defects inherent in republican constitutions. The Americans have not been able to counteract107 the tendency which legislative assemblies have to get possession of the government, but they have rendered this propensity108 less irresistible. The salary of the president is fixed, at the time of his entering upon office, for the whole period of his magistracy. The president is, moreover, provided with a suspensive veto, which allows him to oppose the passing of such laws as might destroy the portion of independence which the constitution awards him. The struggle between the president and the legislature must always be an unequal one, since the latter is certain of bearing down all resistance by persevering109 in its plans; but the suspensive veto forces it at least to reconsider the matter, and, if the motion be persisted in, it must then be backed by a majority of two-thirds of the whole house. The veto is, in fact, a sort of appeal to the people. The executive power, which, without this security, might have been secretly oppressed, adopts this means of pleading its cause and stating its motives110. But if the legislature is certain of overpowering all resistance by persevering in its plans, I reply, that in the constitutions of all nations, of whatever kind they may be, a certain point exists at which the legislator is obliged to have recourse to the good sense and the virtue112 of his fellow-citizens. This point is more prominent and more discoverable in republics, while it is more remote and more carefully concealed114 in monarchies, but it always exists somewhere. There is no country in the world in which everything can be provided for by the laws, or in which political institutions can prove a substitute for common sense and public morality.
DIFFERENCE BETWEEN THE POSITION OF THE PRESIDENT OF THE UNITED STATES AND THAT OF A CONSTITUTIONAL KING OF FRANCE.
Executive Power in the United States as Limited and as Partial as the Supremacy115 which it Represents.—Executive Power in France as Universal as the Supremacy it Represents.—The King a Branch of the Legislature.—The President the mere116 Executor of the Law.—Other Differences resulting from the Duration of the two Powers.—The President checked in the Exercise of the executive Authority.—The King Independent in its Exercise.—Notwithstanding these Discrepancies117, France is more akin45 to a Republic than the union to a Monarchy.—Comparison of the Number of public Officers depending upon the executive Power in the two countries.
The executive power has so important an influence on the destinies of nations that I am inclined to pause for an instant at this portion of my subject, in order more clearly to explain the part it sustains in America. In order to form an accurate idea of the position of the president of the United States, it may not be irrelevant118 to compare it to that of one of the constitutional kings of Europe. In this comparison I shall pay but little attention to the external signs of power, which are more apt to deceive the eye of the observer than to guide his researches. When a monarchy is being gradually transformed into a republic, the executive power retains the titles, the honors, the etiquette119, and even the funds of royalty120, long after its authority has disappeared. The English, after having cut off the head of one king, and expelled another from his throne, were accustomed to accost122 the successors of those princes upon their knees. On the other hand, when a republic falls under the sway of a single individual, the demeanor123 of the sovereign is simple and unpretending, as if his authority was not yet paramount124. When the emperors exercised an unlimited control over the fortunes and the lives of their fellow-citizens, it was customary to call them Caesar in conversation, and they were in the habit of supping without formality at their friends' houses. It is therefore necessary to look below the surface.
The sovereignty of the United States is shared between the union and the states, while in France it is undivided and compact: hence arises the first and the most notable difference which exists between the president of the United States and the king of France. In the United States the executive power is as limited and partial as the sovereignty of the union in whose name it acts; in France it is as universal as the authority of the state. The Americans have a federal, and the French a national government.
The first cause of inferiority results from the nature of things, but it is not the only one; the second in importance is as follows: sovereignty may be defined to be the right of making laws: in France, the king really exercises a portion of the sovereign power, since the laws have no weight till he has given his assent to them; he is moreover the executor of all they ordain125. The president is also the executor of the laws, but he does not really co-operate in their formation, since the refusal of his assent does not annul67 them. He is therefore merely to be considered as the agent of the sovereign power. But not only does the king of France exercise a portion of the sovereign power, he also contributes to the nomination126 of the legislature, which exercises the other portion. He has the privilege of appointing the members of one chamber127, and of dissolving the other at his pleasure; whereas the president of the United States has no share in the formation of the legislative body, and cannot dissolve any part of it. The king has the same right of bringing forward measures as the chambers128; a right which the president does not possess. The king is represented in each assembly by his ministers, who explain his intentions, support his opinions, and maintain the principles of the government. The president and his ministers are alike excluded from congress; so that his influence and his opinions can only penetrate41 indirectly129 into that great body. The king of France is therefore on an equal footing with the legislature, which can no more act without him, than he can without it. The president exercises an authority inferior to, and depending upon, that of the legislature.
Even in the exercise of the executive power, properly so called, the point upon which his position seems to be almost analogous130 to that of the king of France—the president labors131 under several causes of inferiority. The authority of the king, in France, has, in the first place, the advantage of duration over that of the president: and durability132 is one of the chief elements of strength; nothing is either loved or feared but what is likely to endure. The president of the United States is a magistrate elected for four years. The king, in France, is an hereditary133 sovereign.
In the exercise of the executive power the president of the United States is constantly subject to jealous scrutiny134. He may make, but he cannot conclude a treaty; he may designate, but he cannot appoint, a public officer.{135} The king of France is absolute in the sphere of the executive power.
The president of the United States is responsible for his actions; but the person of the king is declared inviolable by the French charter.
Nevertheless, the supremacy of public opinion is no less above the head of one than of the other. This power is less definite, less evident, and less sanctioned by the laws in France than in America, but in fact exists. In America it acts by elections and decrees; in France it proceeds by revolutions; but notwithstanding the different constitutions of these two countries, public opinion is the predominant authority in both of them. The fundamental principle of legislation—a principle essentially135 republican—is the same in both countries, although its consequences may be different, and its results more or less extensive. Whence I am led to conclude, that France with its king is nearer akin to a republic, than the union with its president is to a monarchy.
In what I have been saying I have only touched upon the main points of distinction; and if I could have entered into details, the contrast would have been rendered still more striking.
I have remarked that the authority of the president in the United States is only exercised within the limits of a partial sovereignty, while that of the king, in France, is undivided. I might have gone on to show that the power of the king's government in France exceeds its natural limits, however extensive they may be, and penetrates136 in a thousand different ways into the administration of private interests. Among the examples of this influence may be quoted that which results from the great number of public functionaries137, who all derive138 their appointments from the government. This number now exceeds all previous limits; it amounts to 138,000{136} nominations139, each of which may be considered as an element of power. The president of the United States has not the exclusive right of making any public appointments, and their whole number scarcely exceeds 12,000.{137}
{Those who are desirous of tracing the question respecting the power of the president to remove every executive officer of the government without the sanction of the senate, will find some light upon it by referring to 5th Marshall's Life of Washington, p. 196: 5 Sergeant140 and Rawle's Reports (Pennsylvania), 451: Elliot's Debates on the Federal Constitution, vol iv., p. 355, contains the debate in the House of Representatives, June 16, 1799, when the question was first mooted141: Report of a committee of the senate in 1822, in Niles's Register of 29th August in that year. It is certainly very extraordinary that such a vast power, and one so extensively affecting the whole administration of the government, should rest on such slight foundations, as an inference from an act of congress, providing that when the secretary of the treasury142 should be removed by the president, his assistant should discharge the duties of the office. How congress could confer the power, even by a direct act, is not perceived. It must be a necessary implication from the words of the constitution, or it does not exist. It has been repeatedly denied in and out of congress, and must be considered, as yet, an unsettled question.—American Editor.}
ACCIDENTAL CAUSES WHICH MAY INCREASE THE INFLUENCE OF THE EXECUTIVE.
External security of the union.—Army of six thousand Men.—Few Ships.—The President has no Opportunity of exercising his great Prerogatives143.—In the Prerogatives he exercises he is weak.
If the executive power is feebler in America than in France, the cause is more attributable to the circumstances than to the laws of the country.
It is chiefly in its foreign relations that the executive power of a nation is called upon to exert its skill and vigor144. If the existence of the union were perpetually threatened, and its chief interest were in daily connexion with those of other powerful nations, the executive government would assume an increased importance in proportion to the measures expected of it, and those which it would carry into effect. The president of the United States is the commander-in-chief of the army, but of an army composed of only six thousand men; he commands the fleet, but the fleet reckons but few sail; he conducts the foreign relations of the union, but the United States are a nation without neighbors. Separated from the rest of the world by the ocean, and too weak as yet to aim at the dominion145 of the seas, they have no enemies, and their interests rarely come into contact with those of any other nation of the globe.
The practical part of a government must not be judged by the theory of its constitution. The president of the United States is in the possession of almost royal prerogatives, which he has no opportunity of exercising; and those privileges which he can at present use are very circumscribed146: the laws allow him to possess a degree of influence which circumstances do not permit him to employ.
On the other hand, the great strength of the royal prerogative in France arises from circumstances far more than from the laws. There the executive government is constantly struggling against prodigious148 obstacles, and exerting all its energies to repress them; so that it increases by the extent of its achievements, and by the importance of the events it controls, without, for that reason, modifying its constitution. If the laws had made it as feeble and as circumscribed as it is in the union, its influence would very soon become much greater.
WHY THE PRESIDENT OF THE UNITED STATES DOES NOT REQUIRE THE MAJORITY OF THE TWO HOUSES IN ORDER TO CARRY ON THE GOVERNMENT.
It is an established axiom in Europe that a constitutional king cannot persevere149 in a system of government which is opposed by the two other branches of the legislature. But several presidents of the United States have been known to lose the majority in the legislative body, without being obliged to abandon the supreme power, and without inflicting150 a serious evil upon society. I have heard this fact quoted as an instance of the independence and power of executive government in America: a moment's reflection will convince us, on the contrary, that it is a proof of its extreme weakness.
A king in Europe requires the support of the legislature to enable him to perform the duties imposed upon him by the constitution, because those duties are enormous. A constitutional king in Europe is not merely the executor of the law, but the execution of its provisions devolves so completely upon him, that he has the power of paralyzing its influence if it opposes his designs. He requires the assistance of the legislative assemblies to make the law, but those assemblies stand in need of his aid to execute it: these two authorities cannot subsist14 without each other, and the mechanism of government is stopped as soon as they are at variance.
In America the president cannot prevent any law from being passed, nor can he evade69 the obligation of enforcing it. His sincere and zealous151 co-operation is no doubt useful, but it is not indispensable in the carrying on of public affairs. All his important acts are directly or indirectly submitted to the legislature; and where he is independent of it he can do but little. It is therefore his weakness, and not his power, which enables him to remain in opposition to congress. In Europe, harmony must reign2 between the crown and the other branches of the legislature, because a collision between them may prove serious; in America, this harmony is not indispensable, because such a collision is impossible.
ELECTION OF THE PRESIDENT.
Dangers of the elective System increase in Proportion to the Extent of the Prerogative.—This System possible in America because no powerful executive Authority is required.—What Circumstances are favorable to the elective System.—Why the Election of the President does not cause a Deviation153 from the Principles of the Government.—Influence of the Election of the President on secondary Functionaries.
The dangers of the system of election applied154 to the head of the executive government of a great people, have been sufficiently exemplified by experience and by history; and the remarks I am about to make refer to America alone. These dangers may be more or less formidable in proportion to the place which the executive power occupies, and to the importance it possesses in the state; and they may vary according to the mode of election, and the circumstances in which the electors are placed. The most weighty argument against the election of a chief-magistrate is, that it offers so splendid a lure155 to private ambition, and is so apt to inflame156 men in the pursuit of power, that when legitimate means are wanting, force may not unfrequently seize what right denies.
It is clear that the greater the privileges of the executive authority are, the greater is the temptation; the more the ambition of the candidates is excited, the more warmly are their interests espoused157 by a throng158 of partisans159 who hope to share the power when their patron has won the prize. The dangers of the elective system increase, therefore, in the exact ratio of the influence exercised by the executive power in the affairs of state. The revolutions of Poland are not solely160 attributable to the elective system in general, but to the fact that the elected magistrate was the head of a powerful monarchy. Before we can discuss the absolute advantages of the elective system, we must make preliminary inquiries161 as to whether the geographical position, the laws, the habits, the manners, and the opinions of the people among whom it is to be introduced, will admit of the establishment of a weak and dependent executive government; for to attempt to render the representative of the state a powerful sovereign, and at the same time elective, is, in my opinion, to entertain two incompatible162 designs. To reduce hereditary royalty to the condition of an elective authority, the only means that I am acquainted with are to circumscribe147 its sphere of action beforehand, gradually to diminish its prerogatives, and to accustom121 the people to live without its protection. Nothing, however, is farther from the designs of the republicans of Europe than this course: as many of them only owe their hatred163 of tyranny to the sufferings which they have personally undergone, the extent of the executive power does not excite their hostility164, and they only attack its origin without perceiving how nearly the two things are connected.
Hitherto no citizen has shown any disposition165 to expose his honor and his life, in order to become the president of the United States; because the power of that office is temporary, limited, and subordinate. The prize of fortune must be great to encourage adventurers in so desperate a game. No candidate has as yet been able to arouse the dangerous enthusiasm or the passionate166 sympathies of the people in his favor, for the very simple reason, that when he is at the head of the government he has but little power, but little wealth, and but little glory to share among his friends; and his influence in the state is too small for the success or the ruin of a faction167 to depend upon the elevation168 of an individual to power.
The great advantage of hereditary monarchies is, that as the private interest of a family is always intimately connected with the interests of the state, the executive government is never suspended for a single instant; and if the affairs of a monarchy are not better conducted than those of a republic, at least there is always some one to conduct them, well or ill, according to his capacity. In elective states, on the contrary, the wheels of government cease to act, as it were of their own accord, at the approach of an election, and even for some time previous to that event. The laws may indeed accelerate the operation of the election, which may be conducted with such simplicity169 and rapidity that the seat of power will never be left vacant; but, notwithstanding these precautions, a break necessarily occurs in the minds of the people.
At the approach of an election the head of the executive government is wholly occupied by the coming struggle; his future plans are doubtful; he can undertake nothing new, and he will only prosecute170 with indifference171 those designs which another will perhaps terminate. "I am so near the time of my retirement172 from office," said President Jefferson on the 21st of January, 1809 (six weeks before the election), "that I feel no passion, I take no part, I express no sentiment. It appears to me just to leave to my successor the commencement of those measures which he will have to prosecute, and for which he will be responsible."
On the other hand, the eyes of the nation are centred on a single point; all are watching the gradual birth of so important an event. The wider the influence of the executive power extends, the greater and the more necessary is its constant action, the more fatal is the term of suspense173; and a nation which is accustomed to the government, or, still more, one used to the administrative174 protection of a powerful executive authority, would be infallibly convulsed by an election of this kind. In the United States the action of the government may be slackened with impunity175, because it is always weak and circumscribed.
One of the principal vices176 of the elective system is, that it always introduces a certain degree of instability into the internal and external policy of the state. But this disadvantage is less sensibly felt if the share of power vested in the elected magistrate is small. In Rome the principles of the government underwent no variation, although the consuls177 were changed every year, because the senate, which was an hereditary assembly, possessed the directing authority. If the elective system were adopted in Europe, the condition of most of the monarchical178 states would be changed at every new election. In America the president exercises a certain influence on state affairs, but he does not conduct them; the preponderating179 power is vested in the representatives of the whole nation. The political maxims180 of the country depend therefore on the mass of the people, not on the president alone; and consequently in America the elective system has no very prejudicial influence on the fixed principles of the government. But the want of fixed principles is an evil so inherent in the elective system, that it is still extremely perceptible in the narrow sphere to which the authority of the president extends.
The Americans have admitted that the head of the executive power, who has to bear the whole responsibility of the duties he is called upon to fulfil, ought to be empowered to choose his own agents, and to remove them at pleasure: the legislative bodies watch the conduct of the president more than they direct it. The consequence of this arrangement is, that at every new election the fate of all the federal public officers is in suspense. Mr. Quincy Adams, on his entry into office, discharged the majority of the individuals who had been appointed by his predecessor182; and I am not aware that General Jackson allowed a single removeable functionary183 employed in the federal service to retain his place beyond the first year which succeeded his election. It is sometimes made a subject of complaint, that in the constitutional monarchies of Europe the fate of the humbler servants of an administration depends upon that of the ministers. But in elective governments this evil is far greater. In a constitutional monarchy successive ministers are rapidly formed; but as the principal representative of the executive power does not change, the spirit of innovation is kept within bounds; the changes which take place are in the details rather than in the principles of the administrative system; but to substitute one system for another, as is done in America every four years by law, is to cause a sort of revolution. As to the misfortunes which may fall upon individuals in consequence of this state of things, it must be allowed that the uncertain situation of the public officers is less fraught184 with evil consequences in America than elsewhere. It is so easy to acquire an independent position in the United States, that the public officer who loses his place may be deprived of the comforts of life, but not of the means of subsistence.
I remarked at the beginning of this chapter that the dangers of the elective system applied to the head of the state, are augmented185 or decreased by the peculiar circumstances of the people which adopts it. However the functions of the executive power may be restricted, it must always exercise a great influence upon the foreign policy of the country, for a negotiation187 cannot be opened or successfully carried on otherwise than by a single agent. The more precarious188 and the more perilous190 the position of a people becomes, the more absolute is the want of a fixed and consistent external policy, and the more dangerous does the elective system of the chief magistrate become. The policy of the Americans in relation to the whole world is exceedingly simple; and it may almost be said that no country stands in need of them, nor do they require the co-operation of any other people. Their independence is never threatened. In their present condition, therefore, the functions of the executive power are no less limited by circumstances, than by the laws; and the president may frequently change his line of policy without involving the state in difficulty or destruction.
Whatever the prerogatives of the executive power may be, the period which immediately precedes an election, and the moment of its duration, must always be considered as a national crisis, which is perilous in proportion to the internal embarrassments192 and the external dangers of the country. Few of the nations of Europe could escape the calamities193 of anarchy194 or of conquest, every time they might have to elect a new sovereign. In America society is so constituted that it can stand without assistance upon its own basis; nothing is to be feared from the pressure of external dangers; and the election of the president is a cause of agitation195, but not of ruin.
MODE OF ELECTION.
Skill of the American Legislators shown in the Mode of Election adopted by them.—Creation of a special electoral Body.—Separate Votes of these Electors.—Case in which the House of Representatives is called upon to choose the President.—Results of the twelve Elections which have taken Place since the Constitution has been established.
Beside the dangers which are inherent in the system, many other difficulties may arise from the mode of election, which may be obviated by the precaution of the legislator. When a people met in arms on some public spot to choose its head, it was exposed to all the chances of civil war resulting from so martial196 a mode of proceeding197, beside the dangers of the elective system in itself. The Polish laws, which subjected the election of the sovereign to the veto of a single individual, suggested the murder of that individual, or prepared the way to anarchy.
In the examination of the institutions, and the political as well as the social condition of the United States, we are struck by the admirable harmony of the gifts of fortune and the efforts of man. That nation possessed two of the main causes of internal peace; it was a new country, but it was inhabited by a people grown old in the exercise of freedom. America had no hostile neighbors to dread198; and the American legislators, profiting by these favorable circumstances, created a weak and subordinate executive power, which could without danger be made elective.
It then only remained for them to choose the least dangerous of the various modes of election; and the rules which they laid down upon this point admirably complete the securities which the physical and political constitution of the country already afforded. Their object was to find the mode of election which would best express the choice of the people with the least possible excitement and suspense. It was admitted in the first place that the simple majority should be decisive; but the difficulty was to obtain this majority without an interval of delay which it was most important to avoid. It rarely happens that an individual can at once collect the majority of the suffrages199 of a great people; and this difficulty is enhanced in a republic of confederate states, where local influences are apt to preponderate73. The means by which it was proposed to obviate106 this second obstacle was to delegate the electoral powers of the nation to a body of representatives. The mode of election rendered a majority more probable; for the fewer the electors are, the greater is the chance of their coming to a final decision. It also offered an additional probability of a judicious200 choice. It then remained to be decided whether this right of election was to be intrusted to the legislative body, the habitual representative assembly of the nation, or whether an electoral assembly should be formed for the express purpose of proceeding to the nomination of a president. The Americans chose the latter alternative, from a belief that the individuals who were returned to make the laws were incompetent to represent the wishes of the nation in the election of its chief magistrate; and that as they are chosen for more than a year, the constituency they represented might have changed its opinion in that time. It was thought that if the legislature was empowered to elect the head of the executive power, its members would, for some time before the election, be exposed to the manoeuvres of corruption, and the tricks of intrigue201; whereas, the special electors would, like a jury, remain mixed up with the crowd till the day of action, when they would appear for the sole purpose of giving their votes.
It was therefore established that every state should name a certain number of electors,{138} who in their turn should elect the president; and as it had been observed that the assemblies to which the choice of a chief magistrate had been intrusted in elective countries, inevitably202 became the centres of passion and of cabal203; that they sometimes usurped204 an authority which did not belong to them: and that their proceedings205, or the uncertainty206 which resulted from them, were sometimes prolonged so much as to endanger the welfare of the state, it was determined51 that the electors should all vote upon the same day, without being convoked207 to the same place.{139} This double election rendered a majority probable, though not certain; for it was possible that as many differences might exist between the electors as between their constituents208. In this case it was necessary to have recourse to one of three measures; either to appoint new electors, or to consult a second time those already appointed, or to defer209 the election to another authority. The first two of these alternatives, independently of the uncertainty of their results, were likely to delay the final decision, and to perpetuate210 an agitation which must always be accompanied with danger. The third expedient211 was therefore adopted, and it was agreed that the votes should be transmitted sealed to the president of the senate, and that they should be opened and counted in the presence of the senate and the house of representatives. If none of the candidates has a majority, the house of representatives then proceeds immediately to elect the president; but with the condition that it must fix upon one of the three candidates who have the highest numbers.{140}
Thus it is only in case of an event which cannot often happen, and which can never be foreseen, that the election is intrusted to the ordinary representatives of the nation; and even then they are obliged to choose a citizen who has already been designated by a powerful minority of the special electors. It is by this happy expedient that the respect due to the popular voice is combined with the utmost celerity of execution and those precautions which the peace of the country demands. But the decision of the question by the house of representatives does not necessarily offer an immediate191 solution of the difficulty, for the majority of that assembly may still be doubtful, and in this case the constitution prescribes no remedy. Nevertheless, by restricting the number of candidates to three, and by referring the matter to the judgment212 of an enlightened public body, it has smoothed all the obstacles{141} which are not inherent in the elective system.
In the forty years which have elapsed since the promulgation of the federal constitution, the United States have twelve times chosen a president. Ten of these elections took place simultaneously by the votes of the special electors in the different states. The house of representatives has only twice exercised its conditional213 privilege of deciding in cases of uncertainty: the first time was at the election of Mr. Jefferson in 1801; the second was in 1825, when Mr. John Quincy Adams was chosen.
CRISIS OF THE ELECTION.
The election may be considered as a national Crisis.—Why?—Passions of the People.—Anxiety of the President.—Calm which succeeds the Agitation of the Election.
I have shown what the circumstances are which favored the adoption214 of the elective system in the United States, and what precautions were taken by the legislators to obviate its dangers. The Americans are accustomed to all kinds of elections; and they know by experience the utmost degree of excitement which is compatible with security. The vast extent of the country, and the dissemination215 of the inhabitants, render a collision between parties less probable and less dangerous there than elsewhere. The political circumstances under which the elections have hitherto been carried on, have presented no real embarrassments to the nation.
Nevertheless, the epoch216 of the election of a president of the United States may be considered as a crisis in the affairs of the nation. The influence which he exercises on public business is no doubt feeble and indirect; but the choice of the president, which is of small importance to each individual citizen, concerns the citizens collectively; and however trifling217 an interest may be, it assumes a great degree of importance as soon as it becomes general. The president possesses but few means of rewarding his supporters in comparison to the kings of Europe; but the places which are at his disposal are sufficiently numerous to interest, directly or indirectly, several thousand electors in his success. Moreover, political parties in the United States, as well as elsewhere, are led to rally around an individual, in order to acquire a more tangible218 shape in the eyes of the crowd, and the name of the candidate for the presidency219 is put forth220 as the symbol and personification of their theories. For these reasons parties are strongly interested in gaining the election, not so much with a view to the triumph of their principles under the auspices221 of the president elected, as to show, by the majority which returned him, the strength of the supporters of those principles.
For a long while before the appointed time is at hand, the election becomes the most important and the all-engrossing topic of discussion. The ardor222 of faction is redoubled; and all the artificial passions which the imagination can create in the bosom of a happy and peaceful land are agitated223 and brought to light. The president, on the other hand, is absorbed by the cares of self-defence. He no longer governs for the interest of the state, but for that of his re-election; he does homage224 to the majority, and instead of checking its passions, as his duty commands him to do, he frequently courts its worst caprices. As the election draws near, the activity of intrigue and the agitation of the populace increase; the citizens are divided into several camps, each of which assumes the name of its favorite candidate; the whole nation glows with feverish225 excitement; the election is the daily theme of the public papers, the subject of private conversation, the end of every thought and every action, the sole interest of the present. As soon as the choice is determined, this ardor is dispelled226; and as a calmer season returns, the current of the state, which has nearly broken its banks, sinks to its usual level; but who can refrain from astonishment227 at the causes of the storm?
RE-ELECTION OF THE PRESIDENT.
When the Head of the executive Power is re-eligible, it is the State which is the Source of Intrigue and Corruption.—The desire of being re-elected, the chief Aim of a President of the United States.—Disadvantage of the System peculiar to America.—The natural Evil of Democracy is that it subordinates all Authority to the slightest Desires of the Majority.—The Re-election of the President encourages this Evil.
It may be asked whether the legislators of the United States did right or wrong in allowing the re-election of the president. It seems at first sight contrary to all reason to prevent the head of the executive power from being elected a second time. The influence which the talents and the character of a single individual may exercise upon the fate of a whole people, especially in critical circumstances or arduous228 times, is well known: a law preventing the re-election of the chief magistrate would deprive the citizens of the surest pledge of the prosperity and the security of the commonwealth229; and, by a singular inconsistency, a man would be excluded from the government at the very time when he had shown his ability in conducting its affairs.
But if these arguments are strong, perhaps still more powerful reasons may be advanced against them. Intrigue and corruption are the natural defects of elective government; but when the head of the state can be re-elected, these evils rise to a great height, and compromise the very existence of the country. When a simple candidate seeks to rise by intrigue, his manoeuvres must necessarily be limited to a narrow sphere; but when the chief magistrate enters the lists, he borrows the strength of the government for his own purposes. In the former case the feeble resources of an individual are in action; in the latter, the state itself, with all its immense influence, is busied in the work of corruption and cabal. The private citizen, who employs the most immoral231 practices to acquire power, can only act in a manner indirectly prejudicial to the public prosperity. But if the representative of the executive descends233 into the lists, the cares of government dwindle234 into second-rate importance, and the success of his election is his first concern. All laws and negotiations235 are then to him nothing more than electioneering schemes; places become the reward of services rendered, not to the nation, but to its chief; and the influence of the government, if not injurious to the country, is at least no longer beneficial to the community for which it was created.
It is impossible to consider the ordinary course of affairs in the United States without perceiving that the desire of being re-elected is the chief aim of the president; that his whole administration, and even his most indifferent measures, tend to this object; and that, as the crisis approaches, his personal interest takes the place of his interest in the public good. The principle of re-eligibility236 renders the corrupt99 influence of elective governments still more extensive and pernicious. It tends to degrade the political morality of the people, and to substitute adroitness237 for patriotism.
In America it exercises a still more fatal influence on the sources of national existence. Every government seems to be afflicted238 by some evil inherent in its nature, and the genius of the legislator is shown in eluding239 its attacks. A state may survive the influence of a host of bad laws, and the mischief240 they cause is frequently exaggerated; but a law which encourages the growth of the canker within must prove fatal in the end, although its bad consequences may not be immediately perceived.
The principle of destruction in absolute monarchies lies in the excessive and unreasonable241 extension of the prerogative of the crown; and a measure tending to remove the constitutional provisions which counterbalance this influence would be radically242 bad, even if its consequences should long appear to be imperceptible. By a parity243 of reasoning, in countries governed by a democracy, where the people is perpetually drawing all authority to itself, the laws which increase or accelerate its action are the direct assailants of the very principle of the government.
The greatest proof of the ability of the American legislators is, that they clearly discerned this truth, and that they had the courage to act up to it. They conceived that a certain authority above the body of the people was necessary, which should enjoy a degree of independence, without however being entirely244 beyond the popular control; an authority which would be forced to comply with the permanent determinations of the majority, but which would be able to resist its caprices, and to refuse its most dangerous demands. To this end they centred the whole executive power of the nation in a single arm; they granted extensive prerogatives to the president, and they armed him with the veto to resist the encroachments of the legislature.
But by introducing the principle of re-election, they partly destroyed their work; and they rendered the president but little inclined to exert the great power they had invested in his hands. If ineligible245 a second time, the president would be far from independent of the people, for his responsibility would not be lessened246; but the favor of the people would not be so necessary to him as to induce him to court it by humoring its desires. If re-eligible (and this is more especially true at the present day, when political morality is relaxed, and when great men are rare), the president of the United States becomes an easy tool in the hands of the majority. He adopts its likings and its animosities, he hastens to anticipate its wishes, he forestalls247 its complaints, he yields to its idlest cravings, and instead of guiding it, as the legislature intended that he should do, he is ever ready to follow its bidding. Thus, in order not to deprive the state of the talents of an individual, those talents have been rendered almost useless, and to reserve an expedient for extraordinary perils248 the country has been exposed to daily dangers.
{The question of the propriety249 of leaving the president re-eligible, is one of that class which probably must for ever remain undecided. The author himself, at page 125, gives a strong reason for re-eligibility, "so that the chance of a prolonged administration may inspire him with hopeful undertakings for the public good, and with the means of carrying them into execution,"—considerations of great weight. There is an important fact bearing upon this question, which should be stated in connexion with it. President Washington established the practice of declining a third election, and every one of his successors, either from a sense of its propriety or from apprehensions250 of the force of public opinion, has followed the example. So that it has become as much a part of the constitution, that no citizen can be a third time elected president, as if it were expressed in that instrument in words. This may perhaps be considered a fair adjustment of objections on either side. Those against a continued and perpetual re-eligibility are certainly met: while the arguments in favor of an opportunity to prolong an administration under circumstances that may justify251 it, are allowed their due weight. One effect of this practical interpolation of the constitution unquestionably is, to increase the chances of a president's being once re-elected; as men will be more disposed to acquiesce252 in a measure that thus practically excludes the individual from ever again entering the field of competition.—American Editor}
FEDERAL COURTS.{142}
Political Importance of the Judiciary in the United States.—Difficulty of treating this Subject.—Utility of judicial Power in Confederations—What Tribunals could be introduced into the union.—Necessity of establishing federal Courts of Justice.—Organization of the national Judiciary.—The Supreme Court.—In what it differs from all known Tribunals.
I have inquired into the legislative and executive power of the union, and the judicial power now remains253 to be examined; but in this place I cannot conceal113 my fears from the reader. Judicial institutions exercise a great influence on the condition of the Anglo-Americans, and they occupy a prominent place among what are properly called political institutions: in this respect they are peculiarly deserving of our attention. But I am at a loss to explain the political action of the American tribunals without entering into some technical details on their constitution and their forms of proceeding; and I know not how to descend232 to these minutiae254 without wearying the curiosity of the reader by the natural aridity255 of the subject, or without risking to fall into obscurity through a desire to be succinct256. I can scarcely hope to escape these various evils; for if I appear too prolix257 to a man of the world, a lawyer may on the other hand complain of my brevity. But these are the natural disadvantages of my subject, and more especially of the point which I am about to discuss.
The great difficulty was, not to devise the constitution of the federal government, but to find out a method of enforcing its laws. Governments have in general but two means of overcoming the opposition of the people they govern, viz., the physical force which is at their own disposal, and the moral force which they derive from the decisions of the courts of justice.
A government which should have no other means of exacting258 obedience260 than open war, must be very near its ruin; for one of two alternatives would then probably occur: if its authority was small, and its character temperate, it would not resort to violence till the last extremity261, and it would connive262 at a number of partial acts of insubordination, in which case the state would gradually fall into anarchy; if it was enterprising and powerful, it would perpetually have recourse to its physical strength, and would speedily degenerate263 into a military despotism. So that its activity would not be less prejudicial to the community than its inaction.
The great end of justice is to substitute the notion of right for that of violence; and to place a legal barrier between the power of the government and the use of physical force. The authority which is awarded to the intervention264 of a court of justice by the general opinion of mankind is so surprisingly great, that it clings to the mere formalities of justice, and gives a bodily influence to the shadow of the law. The moral force which courts of justice possess renders the introduction of physical force exceedingly rare, and it is very frequently substituted for it; but if the latter proves to be indispensable, its power is doubled by the association of the idea of law.
A federal government stands in greater need of the support of judicial institutions than any other, because it is naturally weak, and opposed to formidable opposition.{143} If it were always obliged to resort to violence in the first instance, it could not fulfil its task. The union, therefore, required a national judiciary to enforce the obedience of the citizens to the laws, and to repel265 the attacks which might be directed against them. The question then remained what tribunals were to exercise these privileges; were they to be intrusted to the courts of justice which were already organized in every state? or was it necessary to create federal courts? It may easily be proved that the union could not adapt the judicial power of the state to its wants. The separation of the judiciary from the administrative power of the state, no doubt affects the security of every citizen, and the liberty of all. But it is no less important to the existence of the nation that these several powers should have the same origin, should follow the same principles, and act in the same sphere; in a word, that they should be correlative and homogeneous. No one, I presume, ever suggested the advantage of trying offences committed in France, by a foreign court of justice, in order to ensure the impartiality266 of the judges. The Americans form one people in relation to their federal government; but in the bosom of this people divers268 political bodies have been allowed to subsist, which are dependent on the national government in a few points, and independent in all the rest—which have all a distinct origin, maxims peculiar to themselves, and special means of carrying on their affairs. To intrust the execution of the laws of the union to tribunals instituted by these political bodies, would be to allow foreign judges to preside over the nation. Nay269 more, not only is each state foreign to the union at large, but it is in perpetual opposition to the common interests, since whatever authority the union loses turns to the advantage of the states. Thus to enforce the laws of the union by means of the tribunals of the states, would be to allow not only foreign, but partial judges to preside over the nation.
But the number, still more than the mere character, of the tribunals of the states rendered them unfit for the service of the nation. When the federal constitution was formed, there were already thirteen courts of justice in the United States which decided causes without appeal. That number is now increased to twenty-four. To suppose that a state can subsist, when its fundamental laws may be subjected to four-and-twenty different interpretations270 at the same time, is to advance a proposition alike contrary to reason and to experience.
The American legislators therefore agreed to create a federal judiciary power to apply the laws of the union, and to determine certain questions affecting general interests, which were carefully determined beforehand. The entire judicial power of the union was centred in one tribunal, which was denominated the supreme court of the United States. But, to facilitate the expedition of business, inferior courts were appended to it, which were empowered to decide causes of small importance without appeal, and with appeal causes of more magnitude. The members of the supreme court are named neither by the people nor the legislature, but by the president of the United States, acting259 with the advice of the senate. In order to render them independent of the other authorities, their office was made inalienable; and it was determined that their salary, when once fixed, should not be altered by the legislature.{144} It was easy to proclaim the principle of a federal judiciary, but difficulties multiplied when the extent of its jurisdiction272 was to be determined.
MEANS OF DETERMINING THE JURISDICTION OF THE FEDERAL COURTS.
Difficulty of determining the Jurisdiction of separate courts of Justice in Confederation.—The Courts of the union obtained the Right of fixing their own Jurisdiction.—In what Respect this Rule attacks the Portion of Sovereignty reserved to the several States.—The Sovereignty of these States restricted by the Laws, and the Interpretation271 of the Laws.—Consequently, the Danger of the several States is more apparent than real.
As the constitution of the United States recognized two distinct powers, in presence of each other, represented in a judicial point of view by two distinct classes of courts of justice, the utmost care which could be taken in defining their separate jurisdictions273 would have been insufficient274 to prevent frequent collisions between those tribunals. The question then arose, to whom the right of deciding the competency of each court was to be referred.
In nations which constitute a single body politic76, when a question is debated between two courts relating to their mutual275 jurisdiction, a third tribunal is generally within reach to decide the difference; and this is effected without difficulty, because in these nations the questions of judicial competency have no connexion with the privileges of the national supremacy. But it was impossible to create an arbiter276 between a superior court of the union and the superior court of a separate state, which would not belong to one of these two classes. It was therefore necessary to allow one of these courts to judge its own cause, and to take or to retain cognizance of the point which was contested. To grant this privilege to the different courts of the states, would have been to destroy the sovereignty of the union de facto, after having established it de jure; for the interpretation of the constitution would soon have restored that portion of independence to the states of which the terms of that act deprived them. The object of the creation of a federal tribunal was to prevent the courts of the states from deciding questions affecting the national interests in their own department, and so to form a uniform body of jurisprudence for the interpretation of the laws of the union. This end would not have been accomplished277 if the courts of the several states had been competent to decide upon cases in their separate capacities, from which they were obliged to abstain278 as federal tribunals. The supreme court of the United States was therefore invested with the right of determining all questions of jurisdiction.{145}
This was a severe blow upon the independence of the states, which was thus restricted not only by the laws, but by the interpretation of them; by one limit which was known, and by another which was dubious279; by a rule which was certain, and a rule which was arbitrary. It is true the constitution had laid down the precise limits of the federal supremacy, but whenever this supremacy is contested by one of the states, a federal tribunal decides the question. Nevertheless, the dangers with which the independence of the states was threatened by this mode of proceeding are less serious than they appear to be. We shall see hereafter that in America the real strength of the country is vested in the provincial far more than in the federal government. The federal judges are conscious of the relative weakness of the power in whose name they act, and they are more inclined to abandon a right of jurisdiction in cases where it is justly their own, than to assert a privilege to which they have no legal claim.
DIFFERENT CASES OF JURISDICTION.
The Matter and the Party are the first Conditions of the federal Jurisdiction.—Suits in which Ambassadors are engaged.—Suits of the union.—Of a separate State.—By whom tried.—Causes resulting from the Laws of the union.—Why judged by the federal Tribunal.—Causes relating to the Non-performance of Contracts tried by the federal Courts.—Consequences of this Arrangement.
After having appointed the means of fixing the competency of the federal courts, the legislators of the union defined the cases which should come within their jurisdiction. It was established, on the one hand, that certain parties must always be brought before the federal courts, without any regard to the special nature of the cause; and, on the other, that certain causes must always be brought before the same courts, without any regard to the quality of the parties in the suit. These distinctions were therefore admitted to be the bases of the federal jurisdiction.
Ambassadors are the representatives of nations in a state of amity280 with the union, and whatever concerns these personages concerns in some degree the whole union. When I an ambassador is a party in a suit, that suit affects the welfare of the nation, and a federal tribunal is naturally called upon to decide it.
The union itself may be involved in legal proceedings, and in this case it would be alike contrary to the customs of all nations, and to common sense, to appeal to a tribunal representing any other sovereignty than its own; the federal courts, therefore, take cognizance of these affairs.
When two parties belonging to two different states are engaged in a suit, the case cannot with propriety be brought before a court of either state. The surest expedient is to select a tribunal like that of the union, which can excite the suspicions of neither party, and which offers the most natural as well as the most certain remedy.
When the two parties are not private individuals, but states, an important political consideration is added to the same motive111 of equity281. The quality of the parties, in this case, gives a national importance to all their disputes; and the most trifling litigation of the states may be said to involve the peace of the whole union.{146}
The nature of the cause frequently prescribes the rule of competency. Thus all the questions which concern maritime282 commerce evidently fall under the cognizance of the federal tribunals.{147} Almost all these questions are connected with the interpretation of the law of nations; and in this respect they essentially interest the union in relation to foreign powers. Moreover, as the sea is not included within the limits of any peculiar jurisdiction, the national courts can only hear causes which originate in maritime affairs.
The constitution comprises under one head almost all the cases which by their very nature come within the limits of the federal courts. The rule which it lays down is simple, but pregnant with an entire system of ideas, and with a vast multitude of facts. It declares that the judicial power of the supreme court shall extend to all cases in law and equity arising under the laws of the United States.
Two examples will put the intentions of the legislator in the clearest light:—
The constitution prohibits the states from making laws on the value and circulation of money: if, notwithstanding this prohibition283, a state passes a law of this kind, with which the interested parties refuse to comply because it is contrary to the constitution, the case must come before a federal court, because it arises under the laws of the United States. Again, if difficulties arise in the levying of import duties which have been voted by congress, the federal court must decide the case, because it arises under the interpretation of a law of the United States.
This rule is in perfect accordance with the fundamental principles of the federal constitution. The union as it was established in 1789, possesses, it is true, a limited supremacy; but it was intended that within its limits it should form one and the same people.{148} Within those limits the union is sovereign. When this point is established and admitted, the inference is easy; for if it be acknowledged that the United States constitute one and the same people within the bounds prescribed by their constitution, it is impossible to refuse them the rights which belong to other nations. But it has been allowed, from the origin of society, that every nation has the right of deciding by its own courts those questions which concern the execution of its own laws. To this it is answered, that the union is in so singular a position, that in relation to some matters it constitutes a people, and that in relation to all the rest it is a nonentity284. But the inference to be drawn285 is, that in the laws relating to these matters the union possesses all the rights of absolute sovereignty. The difficulty is to know what these matters are; and when once it is resolved (and we have shown how it was resolved, in speaking of the means of determining the jurisdiction of the federal courts), no farther doubt can arise; for as soon as it is established that a suit is federal, that is to say, that it belongs to the share of sovereignty reserved by the constitution to the union, the natural consequence is that it should come within the jurisdiction of a federal court.
Whenever the laws of the United States are attacked, or whenever they are resorted to in self-defence, the federal courts must be appealed to. Thus the jurisdiction of the tribunals of the union extends and narrows its limits exactly in the same ratio as the sovereignty of the union augments286 or decreases. We have shown that the principal aim of the legislators of 1789 was to divide the sovereign authority into two parts. In the one they placed the control of all the general interests of the union, in the other the control of the special interest of its component287 states. Their chief solicitude288 was to arm the federal government with sufficient power to enable it to resist, within its sphere, the encroachments of the several states. As for these communities, the principle of independence within certain limits of their own was adopted in their behalf; and they were concealed from the inspection, and protected from the control, of the central government. In speaking of the division of the authority, I observed that this latter principle had not always been held sacred, since the states are prevented from passing certain laws, which apparently289 belong to their own particular sphere of interest. When a state of the union passes a law of this kind, the citizens who are injured by its execution can appeal to the federal courts.
{The remark of the author, that whenever the laws of the United States are attacked, or whenever they are resorted to in self-defence, the federal courts must be appealed to, which is more strongly expressed in the original, is erroneous and calculated to mislead on a point of some importance. By the grant of power to the courts of the United States to decide certain cases, the powers of the state courts are not suspended, but are exercised concurrently290, subject to an appeal to the courts of the United States. But if the decision of the state court is in favor of the right, title, or privilege claimed under the constitution, a treaty, or under a law of congress, no appeal lies to the federal courts. The appeal is given only when the decision is against the claimant under the treaty or law. See 3d Cranch, 268. 1 Wheaton, 304.—American Editor.}
Thus the jurisdiction of the general courts extends not only to all the cases which arise under the laws of the union, but also to those which arise under laws made by the several states in opposition to the constitution. The states are prohibited from making ex-post-facto laws in criminal cases; and any person condemned by virtue of a law of this kind can appeal to the judicial power of the union. The states are likewise prohibited from making laws which may have a tendency to impair291 the obligations of contracts.{149} If a citizen thinks that an obligation of this kind is impaired292 by a law passed in his state, he may refuse to obey it, and may appeal to the federal courts.{150}
This provision appears to me to be the most serious attack upon the independence of the states. The rights awarded to the federal government for purposes of obvious national importance are definite and easily comprehensible; but those with which this last clause invests it are not either clearly appreciable293 or accurately294 defined. For there are vast numbers of political laws which influence the obligations of contracts, which may thus furnish an easy pretext295 for the aggressions of the central authority.
{The fears of the author respecting the danger to the independence of the states of that provision of the constitution, which gives to the federal courts the authority of deciding when a state law impairs296 the obligation of a contract, are deemed quite unfounded. The citizens of every state have a deep interest in preserving the obligation of the contracts entered into by them in other states: indeed without such a controlling power, "commerce among several states" could not exist. The existence of this common arbiter is of the last importance to the continuance of the union itself, for if there were no peaceable means of enforcing the obligations of contracts, independent of all state authority, the states themselves would inevitably come in collision in their efforts to protect their respective citizens from the consequences of the legislation of another state.
M. De Tocqueville's observation, that the rights with which the clause in question invests the federal government "are not clearly appreciable or accurately defined," proceeds upon a mistaken view of the clause itself. It relates to the obligation of a contract, and forbids any act by which that obligation is impaired. To American lawyers, this seems to be as precise and definite as any rule can be made by human language. The distinction between the right to the fruits of a contract, and the time, tribunal, and manner, in which that right is to be enforced, seems very palpable. At all events, since the decision of the supreme court of the United States in those cases in which this clause has been discussed, no difficulty is found, practically, in understanding the exact limits of the prohibition.
The next observation of the author, that "there are vast numbers of political laws which influence the obligations of contracts, which may thus furnish an easy pretext for the aggressions of the central authority," is rather obscure. Is it intended that political laws may be passed by the central authority, influencing the obligation of a contract, and thus the contracts themselves be destroyed? The answer to this would be, that the question would not arise under the clause forbidding laws impairing297 the obligation of contracts, for that clause applies only to the states and not to the federal government.
If it be intended, that the states may find it necessary to pass political laws, which affect contracts, and that under the pretence298 of vindicating299 the obligation of contracts, the central authority may make aggressions on the states and annul their political laws:—the answer is, that the motive to the adoption of the clause was to reach laws of every description, political as well as all others, and that it was the abuse by the states of what may be called political laws, viz.: acts confiscating300 demands of foreign creditors301, that gave rise to the prohibition. The settled doctrine now is, that states may pass laws in respect to the making of contracts, may prescribe what contracts shall be made, and how, but that they cannot impair any that are already made.
The writer of this note is unwilling302 to dismiss the subject, without remarking upon what he must think a fundamental error of the author, which is exhibited in the passage commented on, as well as in other passages:—and that is, in supposing the judiciary of the United States, and particularly the supreme court, to be a part of the political federal government, and as the ready instrument to execute its designs upon the state authorities. Although the judges are in form commissioned by the United States, yet, in fact, they are appointed by the delegates of the state, in the senate of the United States, concurrently with, and acting upon, the nomination of the president. If the legislature of each state in the union were to elect a judge of the supreme court, he would not be less a political officer of the United States than he now is. In truth, the judiciary have no political duties to perform; they are arbiters303 chosen by the federal and state governments, jointly304, and when appointed, as independent of the one as of the other. They cannot be removed without the consent of the states represented in the senate, and they can be removed without the consent of the president, and against his wishes. Such is the theory of the constitution. And it has been felt practically, in the rejection305 by the senate of persons nominated as judges, by a president of the same political party with a majority of the senators. Two instances of this kind occurred during the administration of Mr. Jefferson.
If it be alleged306 that they are exposed to the influence of the executive of the United States, by the expectation of offices in his gift, the answer is, that judges of state courts are equally exposed to the same influence—that all state officers, from the highest to the lowest, are in the same predicament; and that this circumstance does not, therefore, deprive them of the character of impartial267 and independent arbiters.
These observations receive confirmation307 from every recent decision of the supreme court of the United States, in which certain laws of individual states have been sustained, in cases where, to say the least, it was very questionable308 whether they did not infringe309 the provisions of the constitution, and where a disposition to construe310 those previsions broadly and extensively, would have found very plausible311 grounds to indulge itself in annulling the state laws referred to. See the cases of City of New York vs. Miln, 11th Peters, 103; Briscoe vs. the Bank of the Commonwealth of Kentucky, ib., 257; Charles River Bridge vs. Warren Bridge, ib., 420.—American Ed.}
PROCEDURE OF THE FEDERAL COURTS.
Natural Weakness of the judiciary Power in Confederations.—Legislators ought to strive as much as possible to bring private Individuals, and not States, before the federal Courts.—How the Americans have succeeded in this.—Direct Prosecutions313 of private Individuals in the federal Courts.—Indirect Prosecution312 in the States which violate the Laws of the union.—The Decrees of the Supreme Court enervate314 but do not destroy the provincial Laws.
I have shown what the privileges of the federal courts are, and it is no less important to point out the manner in which they are exercised. The irresistible authority of justice in countries in which the sovereignty is undivided, is derived315 from the fact that the tribunals of those countries represent the entire nation at issue with the individual against whom their decree is directed; and the idea of power is thus introduced to corroborate316 the idea of right. But this is not always the case in countries in which the sovereignty is divided: in them the judicial power is more frequently opposed to a fraction of the nation than to an isolated317 individual, and its moral authority and physical strength are consequently diminished. In federal states the power of the judge is naturally decreased, and that of the justiciable parties is augmented. The aim of the legislator in confederate states ought therefore to be, to render the position of the courts of justice analogous to that which they occupy in countries where the sovereignty is undivided; in other words, his efforts ought constantly to tend to maintain the judicial power of the confederation as the representative of the nation, and the justiciable party as the representative of an individual interest.
Every government, whatever may be its constitution, requires the means of constraining318 its subjects to discharge their obligations, and of protecting its privileges from their assaults. As far as the direct action of the government on the community is concerned, the constitution of the United States contrived319, by a master-stroke of policy, that the federal courts, acting in the name of the laws, should only take cognizance of parties in an individual capacity. For, as it had been declared that the union consisted of one and the same people within the limits laid down by the constitution, the inference was that the government created by this constitution, and acting within these limits, was invested with all the privileges of a national government, one of the principal of which is the right of transmitting its injunctions directly to the private citizen. When, for instance, the union votes an impost, it does not apply to the states for the levying of it, but to every American citizen, in proportion to his assessment320. The supreme court, which is empowered to enforce the execution of this law of the union, exerts its influence not upon a refractory321 state, but upon the private taxpayer322; and, like the judicial power of other nations, it is opposed to the person of an individual. It is to be observed that the union chose its own antagonist323; and as that antagonist is feeble, he is naturally worsted.
But the difficulty increases when the proceedings are not brought forward by but against the union. The constitution recognizes the legislative power of the state; and a law so enacted324 may impair the privileges of the union, in which case a collision is unavoidable between that body and the state which had passed the law; and it only remains to select the least dangerous remedy, which is very clearly deducible from the general principles I have before established.{151}
It may be conceived that, in the case under consideration, the union might have sued the state before a federal court, which would have annulled the act; and by this means it would have adopted a natural course of proceeding: but the judicial power would have been placed in open hostility to the state, and it was desirable to avoid this predicament as much as possible. The Americans hold that it is nearly impossible that a new law should not impair the interests of some private individuals by its provisions: these private interests are assumed by the American legislators as the ground of attack against such measures as may be prejudicial to the union, and it is to these cases that the protection of the supreme court is extended.
Suppose a state vends325 a certain portion of its territory to a company, and that a year afterwards it passes a law by which the territory is otherwise disposed of, and that clause of the constitution, which prohibits laws impairing the obligation of contracts, is violated. When the purchaser under the second act appears to take possession, the possessor under the first act brings his action before the tribunals of the union, and causes the title of the claimant to be pronounced null and void.{152} This, in point of fact, the judicial power of the union is contesting the claims of the sovereignty of a state; but it only acts indirectly and upon a special application of detail: it attacks the law in its consequences, not in its principle, and it rather weakens than destroys it.
The last hypothesis that remained was that each state formed a corporation enjoying a separate existence and distinct civil rights, and that it could therefore sue or be sued before a tribunal. Thus a state could bring an action against another state. In this instance, the union was not called upon to contest a provincial law, but to try a suit in which a state was a party. This suit was perfectly similar to any other cause, except that the quality of the parties was different; and here the danger pointed181 out at the beginning of this chapter exists with less chance of being avoided. The inherent disadvantage of the very essence of federal constitutions is, that they engender327 parties in the bosom of the nation which present powerful obstacles to the free course of justice.
HIGH RANK OF THE SUPREME COURTS AMONG THE GREAT POWERS OF STATE.
No Nation ever constituted so great a judicial Power as the Americans. Extent of its Prerogative.—Its political Influence.—The Tranquillity329 and the very Existence of the union depend on the Discretion330 of the seven federal Judges.
When we have successfully examined in detail the organization of the supreme court, and the entire prerogatives which it exercises, we shall readily admit that a more imposing331 judicial power was never constituted by any people. The supreme court is placed at the head of all known tribunals, both by the nature of its rights and the class of justiciable parties which it controls.
In all the civilized332 countries of Europe, the government has always shown the greatest repugnance333 to allow the cases to which it was itself a party to be decided by the ordinary course of justice. This repugnance naturally attains334 its utmost height in an absolute government; and, on the other hand, the privileges of the courts of justice are extended with the increasing liberties of the people; but no European nation has at present held that all judicial controversies336, without regard to their origin, can be decided by the judges of common law.
In America this theory has been actually put in practice; and the supreme court of the United States is the sole tribunal of the nation. Its power extends to all the cases arising under laws and treaties made by the executive and legislative authorities, to all cases of admiralty and maritime jurisdiction, and in general to all points which affect the law of nations. It may even be affirmed that, although its constitution is essentially judicial, its prerogatives are almost entirely political. Its sole object is to enforce the execution of the laws of the union; and the union only regulates the relations of the government with the citizens, and of the nation with foreign powers: the relations of citizens among themselves are almost exclusively regulated by the sovereignty of the states.
A second and still greater cause of the preponderance of this court may be adduced. In the nations of Europe the courts of justice are only called upon to try the controversies of private individuals; but the supreme court of the United States summons sovereign powers to its bar. When the clerk of the court advances on the steps of the tribunal, and simply says, "The state of New York versus337 the state of Ohio," it is impossible not to feel that the court which he addresses is no ordinary body; and when it is recollected338 that one of these parties represents one million, and the other two millions of men, one is struck by the responsibility of the seven judges whose decision is about to satisfy or to disappoint so large a number of their fellow-citizens.
The peace, the prosperity, and the very existence of the union, are invested in the hands of the seven judges. Without their active co-operation the constitution would be a dead letter: the executive appeals to them for assistance against the encroachments of the legislative powers; the legislature demands their protection from the designs of the executive; they defend the union from the disobedience of the states, the states from the exaggerated claims of the union, the public interest against the interests of private citizens, and the conservative spirit of order against the fleeting340 innovations of democracy. Their power is enormous, but it is clothed in the authority of public opinion. They are the all-powerful guardians341 of a people which respects law; but they would be impotent against popular neglect or popular contempt. The force of public opinion is the most intractable of agents, because its exact limits cannot be defined; and it is not less dangerous to exceed, than to remain below the boundary prescribed.
The federal judges must not only be good citizens, and men possessed of that information and integrity which are indispensable to magistrates342, but they must be statesmen—politicians, not unread in the signs of the times, not afraid to brave the obstacles which can be subdued343, nor slow to turn aside such encroaching elements as may threaten the supremacy of the union and the obedience which is due to the laws.
The president, who exercises a limited power, may err37 without causing great mischief in the state. Congress may decide amiss without destroying the union, because the electoral body in which congress originates may cause it to retract345 its decision by changing its members. But if the supreme court is ever composed of imprudent men or bad citizens, the union may be plunged347 into anarchy or civil war.
The real cause of this danger, however, does not lie in the constitution of the tribunal, but in the very nature of federal governments. We have observed that in confederate peoples it is especially necessary to consolidate the judicial authority, because in no other nations do those independent persons who are able to cope with the social body, exist, in greater power or in a better condition to resist the physical strength of the government. But the more a power requires to be strengthened, the more extensive and independent it must be made; and the dangers which its abuse may create are heightened by its independence and its strength. The source of the evil is not, therefore, in the constitution of the power, but in the constitution of those states which renders its existence necessary.
IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE STATES.
In what respects the Constitution of the union can be compared to that of the States.—Superiority of the Constitution of the union attributable to the Wisdom of the federal Legislators.—Legislature of the union less dependent on the People than that of the States.—Executive Power more independent in its Sphere.—Judicial Power less subjected to the Inclinations348 of the Majority.—Practical Consequences of these Facts.—The Dangers inherent in a democratic Government eluded350 by the federal Legislators, and increased by the Legislators of the States.
The federal constitution differs essentially from that of the states in the ends which it is intended to accomplish; but in the means by which these ends are promoted, a greater analogy exists between them. The objects of the governments are different, but their forms are the same; and in this special point of view there is some advantage in comparing them together.
I am of opinion that the federal constitution is superior to all the constitutions of the states, for several reasons.
The present constitution of the union was formed at a later period than those of the majority of the states, and it may have derived some melioration from past experience. But we shall be led to acknowledge that this is only a secondary cause of its superiority, when we recollect339 that eleven new states have been added to the American confederation since the promulgation of the federal constitution, and that these new republics have always rather exaggerated than avoided the defects which existed in the former constitutions.
The chief cause of the superiority of the federal constitution lay in the character of the legislators who composed it. At the time when it was formed the dangers of the confederation were imminent351, and its ruin seemed inevitable352. In this extremity the people chose the men who most deserved the esteem353, rather than those who had gained the affections of the country. I have already observed, that distinguished354 as almost all the legislators of the union were for their intelligence, they were still more so for their patriotism. They had all been nurtured355 at a time when the spirit of liberty was braced356 by a continual struggle against a powerful and predominant authority. When the contest was terminated, while the excited passions of the populace persisted in warring with dangers which had ceased to threaten them, these men stopped short in their career; they cast a calmer and more penetrating357 look upon the country which was now their own; they perceived that the war of independence was definitely ended, and that the only dangers which America had to fear were those which might result from the abuse of the freedom she had won. They had the courage to say what they believed to be true, because they were animated358 by a warm and sincere love of liberty; and they ventured to propose restrictions360, because they were resolutely361 opposed to destruction.{153}
The greater number of the constitutions of the states assign one year for the duration of the house of representatives, and two years for that of the senate; so that members of the legislative body are constantly and narrowly tied down by the slightest desires of their constituents. The legislators of the union were of opinion that this excessive dependence of the legislature tended to alter the nature of the main consequences of the representative system, since it vested the source not only of authority, but of government, in the people. They increased the length of the time for which the representatives were returned, in order to give them freer scope for the exercise of their own judgment.
The federal constitution, as well as the constitutions of the different states, divided the legislative body into two branches. But in the states these two branches were composed of the same elements and elected in the same manner. The consequence was that the passions and inclinations of the populace were as rapidly and as energetically represented in one chamber as in the other, and that laws were made with all the characteristics of violence and precipitation. By the federal constitution the two houses originate in like manner in the choice of the people; but the conditions of eligibility and the mode of election were changed, to the end that if, as is the case in certain nations, one branch of the legislature represents the same interests as the other, it may at least represent a superior degree of intelligence and discretion. A mature age was made one of the conditions of the senatorial dignity, and the upper house was chosen by an elected assembly of a limited number of members.
To concentrate the whole social force in the hands of the legislative body is the natural tendency of democracies; for as this is the power which emanates362 the most directly from the people, it is made to participate most fully34 in the preponderating authority of the multitude, and it is naturally led to monopolise every species of influence. This concentration is at once prejudicial to a well-conducted administration, and favorable to the despotism of the majority. The legislators of the states frequently yielded to these democratic propensities363, which were invariably and courageously364 resisted by the founders365 of the union.
In the states the executive power is vested in the hands of a magistrate, who is apparently placed upon a level with the legislature, but who is in reality nothing more than the blind agent and the passive instrument of its decisions. He can derive no influence from the duration of his functions, which terminate with the revolving366 year, or from the exercise of prerogatives which can scarcely be said to exist. The legislature can condemn15 him to inaction by intrusting the execution of the laws to special committees of its own members, and can annul his temporary dignity by depriving him of his salary. The federal constitution vests all the privileges and all the responsibility of the executive power in a single individual. The duration of the presidency is fixed at four years; the salary of the individual who fills that office cannot be altered during the term of his functions; he is protected by a body of official dependents, and armed with a suspensive veto. In short, every effort was made to confer a strong and independent position upon the executive authority, within the limits which had been prescribed to it.
In the constitution of all the states the judicial power is that which remains the most independent of the legislative authority: nevertheless, in all the states the legislature has reserved to itself the right of regulating the emoluments367 of the judges, a practice which necessarily subjects these magistrates to its immediate influence. In some states the judges are only temporarily appointed, which deprives them of a great portion of their power and their freedom. In others the legislative and judicial powers are entirely confounded: thus the senate of New York, for instance, constitutes in certain cases the superior court of the state. The federal constitution, on the other hand, carefully separates the judicial authority from all external influences: and it provides for the independence of the judges, by declaring that their salary shall not be altered, and that their functions shall be inalienable.
{It is not universally correct, as supposed by the author, that the state legislatures can deprive their governor of his salary at pleasure. In the constitution of New York it is provided, that the governor "shall receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected;" and similar provisions are believed to exist in other states. Nor is the remark strictly368 correct, that the federal constitution "provides for the independence of the judges, by declaring that their salary shall not be altered." The provision of the constitution is, that they shall, "at stated times, receive for their services a compensation which shall not be diminished during their continuance in office."—American Editor.}
The practical consequences of these different systems may easily be perceived. An attentive369 observer will soon remark that the business of the union is incomparably better conducted than that of any individual state. The conduct of the federal government is more fair and more temperate than that of the states; its designs are more fraught with wisdom, its projects are more durable370 and more skilfully371 combined, its measures are put into execution with more vigor and consistency230.
I recapitulate372 the substance of this chapter in a few words:—
The existence of democracies is threatened by two dangers, viz.: the complete subjection of the legislative body to the caprices of the electoral body; and the concentration of all the powers of the government in the legislative authority.
The growth of these evils has been encouraged by the policy of the legislators of the states; but it has been resisted by the legislators of the union by every means which lay within their control.
CHARACTERISTICS WHICH DISTINGUISH THE FEDERAL CONSTITUTION OF THE UNITED STATES OF AMERICA FROM ALL OTHER FEDERAL CONSTITUTIONS.
American union appears to resemble all other Confederations.—Nevertheless its Effects are different.—Reason of this.—Distinctions between the union and all other Confederations.—The American Government not a Federal, but an imperfect National Government.
The United States of America do not afford either the first or the only instance of confederate states, several of which have existed in modern Europe, without adverting373 to those of antiquity374. Switzerland, the Germanic empire, and the republic of the United Provinces, either have been or still are confederations. In studying the constitutions of these different countries, the politician is surprised to observe that the powers with which they invested the federal government are nearly identical with the privileges awarded by the American constitution to the government of the United States. They confer upon the central power the same rights of making peace and war, of raising money and troops, and of providing for the general exigencies and the common interests of the nation. Nevertheless the federal government of these different people has always been as remarkable375 for its weakness and inefficiency376 as that of the union is for its vigorous and enterprising spirit. Again, the first American confederation perished through the excessive weakness of its government; and this weak government was, notwithstanding, in possession of rights even more extensive than those of the federal government of the present day. But the more recent constitution of the United States contains certain principles which exercise a most important influence, although they do not at once strike the observer.
This constitution, which may at first sight be confounded with the federal constitutions which preceded it, rests upon a novel theory, which may be considered as a great invention in modern political science. In all the confederations which had been formed before the American constitution of 1789, the allied377 states agreed to obey the injunctions of a federal government: but they reserved to themselves the right of ordaining378 and enforcing the execution of the laws of the union. The American states which combined in 1789 agreed that the federal government should not only dictate379 the laws, but it should execute its own enactments380. In both cases the right is the same, but the exercise of the right is different; and this alteration381 produced the most momentous382 consequences.
In all the confederations which have been formed before the American union, the federal government demanded its supplies at the hands of the separate governments; and if the measure it prescribed was onerous383 to any one of those bodies, means were found to evade its claims: if the state was powerful, it had recourse to arms; if it was weak, it connived384 at the resistance which the law of the union, its sovereign, met with, and resorted to inaction under the plea of inability. Under these circumstances one of two alternatives has invariably occurred: either the most preponderant of the allied peoples has assumed the privileges of the federal authority, and ruled all the other states in its name,{154} or the federal government has been abandoned by its natural supporters, anarchy has arisen between the confederates, and the union has lost all power of action.{155}
In America the subjects of the union are not states, but private citizens: the national government levies385 a tax, not upon the state of Massachusetts, but upon each inhabitant of Massachusetts. All former confederate governments presided over communities, but that of the union rules individuals; its force is not borrowed, but self-derived; and it is served by its own civil and military officers, by its own army, and its own courts of justice. It cannot be doubted that the spirit of the nation, the passions of the multitude, and the provincial prejudices of each state, tend singularly to diminish the authority of a federal authority thus constituted, and to facilitate the means of resistance to its mandates386; but the comparative weakness of a restricted sovereignty is an evil inherent in the federal system. In America, each state has fewer opportunities of resistance, and fewer temptations to non-compliance; nor can such a design be put in execution (if indeed it be entertained), without an open violation387 of the laws of the union, a direct interruption of the ordinary course of justice, and a bold declaration of revolt; in a word, without a decisive step, which men hesitate to adopt.
In all former confederations, the privileges of the union furnished more elements of discord388 than of power, since they multiplied the claims of the nation without augmenting389 the means of enforcing them: and in accordance with this fact it may be remarked, that the real weakness of federal governments has almost always been in the exact ratio of their nominal390 power. Such is not the case with the American union, in which, as in ordinary governments, the federal government has the means of enforcing all it is empowered to demand.
The human understanding more easily invents new things than new words, and we are thence constrained391 to employ a multitude of improper392 and inadequate393 expressions. When several nations form a permanent league, and establish a supreme authority, which, although it has not the same influence over the members of the community as a national government, acts upon each of the confederate states in a body, this government, which is so essentially different from all others, is denominated a federal one. Another form of society is afterward326 discovered, in which several peoples are fused into one and the same nation with regard to certain common interests, although they remain distinct, or at least only confederate, with regard to all their other concerns. In this case the central power acts directly upon those whom it governs, whom it rules, and whom it judges, in the same manner as, but in a more limited circle than, a national government. Here the term of federal government is clearly no longer applicable to a state of things which must be styled an incomplete national government: a form of government has been found out which is neither exactly national nor federal; but no farther progress has been made, and the new word which will one day designate this novel invention does not yet exist.
The absence of this new species of confederation has been the cause which has brought all unions to civil war, to subjection, or to a stagnant394 apathy395; and the peoples which formed these leagues have been either too dull to discern, or too pusillanimous396 to apply this great remedy. The American confederation perished by the same defects.
But the confederate states of America had been long accustomed to form a portion of one empire before they had won their independence: they had not contracted the habit of governing themselves, and their national prejudices had not taken deep root in their minds. Superior to the rest of the world in political knowledge, and sharing that knowledge equally among themselves, they were little agitated by the passions which generally oppose the extension of federal authority in a nation, and those passions were checked by the wisdom of the chief citizens.
The Americans applied the remedy with prudent346 firmness as soon as they were conscious of the evil; they amended397 their laws, and they saved their country.
ADVANTAGES OF THE FEDERAL SYSTEM IN GENERAL, AND ITS SPECIAL UTILITY IN AMERICA.
Happiness and Freedom of small Nations.—Power of Great Nations.—Great Empires favorable to the Growth of Civilisation398.—Strength often the first Element of national Prosperity.—Aim of the federal System to unite the twofold Advantages resulting from a small and from a large Territory.—Advantages derived by the United States from this System.—The Law adapts itself to the Exigencies of the Population; Population does not conform to the Exigencies of the Law.—Activity, Melioration, Love, and Enjoyment of Freedom in the American Communities.—Public Spirit of the union the abstract of provincial Patriotism.—Principles and Things circulate freely over the Territory of the United States.—The union is happy and free as a little Nation, and respected as a great Empire.
In small nations the scrutiny of society penetrates into every part, and the spirit of improvement enters into the most trifling details; as the ambition of the people is necessarily checked by its weakness, all the efforts and resources of the citizens are turned to the internal benefit of the community, and are not likely to evaporate in the fleeting breath of glory. The desires of every individual are limited, because extraordinary faculties399 are rarely to be met with. The gifts of an equal fortune render the various conditions of life uniform; and the manners of the inhabitants are orderly and simple. Thus, if we estimate the gradations of popular morality and enlightenment, we shall generally find that in small nations there are more persons in easy circumstances, a more numerous population, and a more tranquil328 state of society than in great empires.
When tyranny is established in the bosom of a small nation, it is more galling400 than elsewhere, because, as it acts within a narrow circle, every point of that circle is subject to its direct influence. It supplies the place of those great designs which it cannot entertain, by a violent or an exasperating401 interference in a multitude of minute details; and it leaves the political world to which it properly belongs, to meddle402 with the arrangements of domestic life. Tastes as well as actions are to be regulated at its pleasure; and the families of the citizens as well as the affairs of the state are to be governed by its decisions. This invasion of rights occurs, however, but seldom, and freedom is in truth the natural state of small communities. The temptations which the government offers to ambition are too weak, and the resources of private individuals are too slender, for the sovereign power easily to fall within the grasp of a single citizen: and should such an event have occurred, the subjects of the state can without difficulty overthrow403 the tyrant404 and his oppression by a simultaneous effort.
Small nations have therefore ever been the cradles of political liberty: and the fact that many of them have lost their immunities405 by extending their dominion, shows that the freedom they enjoyed was more a consequence of their inferior size than of the character of the people.
The history of the world affords no instance of a great nation retaining the form of a republican government for a long series of years,{156} and this had led to the conclusion that such a state of things is impracticable. For my own part, I cannot but censure406 the imprudence of attempting to limit the possible, and to judge the future, on the part of a being who is hourly deceived by the most palpable realities of life, and who is constantly taken by surprise in the circumstances with which he is most familiar. But it may be advanced with confidence that the existence of a great republic will always be exposed to far greater perils than that of a small one.
All the passions which are most fatal to republican institutions spread with an increasing territory, while the virtues407 which maintain their dignity do not augment186 in the same proportion. The ambition of the citizens increases with the power of the state; the strength of parties, with the importance of the ends they have in view; but that devotion to the common weal, which is the surest check on destructive passions, is not stronger in a large than in a small republic. It might, indeed, be proved without difficulty that it is less powerful and less sincere. The arrogance408 of wealth and the dejection of wretchedness, capital cities of unwonted extent, a lax morality, a vulgar egotism, and a great confusion of interests, are the dangers which almost invariably arise from the magnitude of states. But several of these evils are scarcely prejudicial to a monarchy, and some of them contribute to maintain its existence. In monarchical states the strength of the government is its own; it may use, but it does not depend on, the community: and the authority of the prince is proportioned to the prosperity of the nation: but the only security which a republican government possesses against these evils lies in the support of the majority. This support is not, however, proportionably greater in a large republic than it is in a small one; and thus while the means of attack perpetually increase both in number and in influence, the power of resistance remains the same; or it may rather be said to diminish, since the propensities and interests of the people are diversified409 by the increase of the population, and the difficulty of forming a compact majority is constantly augmented. It has been observed, moreover, that the intensity410 of human passions is heightened, not only by the importance of the end which they propose to attain335, but by the multitude of individuals who are animated by them at the same time. Every one has had occasion to remark that his emotions in the midst of a sympathizing crowd are far greater than those which he would have felt in solitude411. In great republics the impetus412 of political passion is irresistible, not only because it aims at gigantic purposes, but because it is felt and shared by millions of men at the same time.
It may therefore be asserted as a general proposition, that nothing is more opposed to the well-being413 and the freedom of man than vast empires. Nevertheless it is important to acknowledge the peculiar advantages of great states. For the very reason which renders the desire of power more intense in these communities than among ordinary men, the love of glory is also more prominent in the hearts of a class of citizens, who regard the applause of a great people as a reward worthy414 of their exertions415, and an elevating encouragement to man. If we would learn why it is that great nations contribute more powerfully to the spread of human improvement than small states, we shall discover an adequate cause in the rapid and energetic circulation of ideas, and in those great cities which are the intellectual centres where all the rays of human genius are reflected and combined. To this it may be added that most important discoveries demand a display of national power which the government of a small state is unable to make; in great nations the government entertains a greater number of general notions, and is more completely disengaged from the routine of precedent416 and the egotism of local prejudice; its designs are conceived with more talent, and executed with more boldness.
In time of peace the well-being of small nations is undoubtedly417 more general and more complete; but they are apt to suffer more acutely from the calamities of war than those great empires whose distant frontiers may for ages avert418 the presence of the danger from the mass of the people, which is more frequently afflicted than ruined by the evil.
But in this matter, as in many others, the argument derived from the necessity of the case predominates over all others. If none but small nations existed, I do not doubt that mankind would be more happy and more free; but the existence of great nations is unavoidable.
This consideration introduces the element of physical strength as a condition of national prosperity.
It profits a people but little to be affluent419 and free, if it is perpetually exposed to be pillaged420 or subjugated421; the number of its manufactures and the extent of its commerce are of small advantage, if another nation has the empire of the seas and gives the law in all the markets of the globe. Small nations are often impoverished422, not because they are small, but because they are weak; and great empires prosper38 less because they are great than because they are strong. Physical strength is therefore one of the first conditions of the happiness and even of the existence of nations. Hence it occurs, that unless very peculiar circumstances intervene, small nations are always united to large empires in the end, either by force or by their own consent; yet I am unacquainted with a more deplorable spectacle than that of a people unable either to defend or to maintain its independence.
The federal system was created with the intention of combining the different advantages which result from the greater and the lesser extent of nations; and a single glance over the United States of America suffices to discover the advantages which they have derived from its adoption.
In great centralized nations the legislator is obliged to impart a character of uniformity to the laws, which does not always suit the diversity of customs and of districts; as he takes no cognizance of special cases, he can only proceed upon general principles; and the population is obliged to conform to the exigencies of the legislation, since the legislation cannot adapt itself to the exigencies and customs of the population; which is the cause of endless trouble and misery423. This disadvantage does not exist in confederations; congress regulates the principal measures of the national government, and all the details of the administration are reserved to the provincial legislatures. It is impossible to imaging how much this division of sovereignty contributes to the well-being of each of the states which compose the union. In these small communities, which are never agitated by the desire of aggrandizement424 or the cares of self-defence, all public authority and private energy is employed in internal melioration. The central government of each state, which is in immediate juxtaposition425 to the citizens, is daily apprised of the wants which arise in society; and new projects are proposed every year, which are discussed either at town-meetings or by the legislature of the state, and which are transmitted by the press to stimulate426 the zeal152 and to excite the interest of the citizens. This spirit of melioration is constantly alive in the American republics, without compromising their tranquillity; the ambition of power yields to the less refined and less dangerous love of comfort. It is generally believed in America that the existence and the permanence of the republican form of government in the New World depend upon the existence and the permanence of the federal system; and it is not unusual to attribute a large share of the misfortunes which have befallen the new states of South America to the injudicious erection of great republics, instead of a divided and confederate sovereignty.
It is incontestably true that the love and the habits of republican government in the United States were engendered427 in the townships and in the provincial assemblies. In a small state, like that of Connecticut for instance, where cutting a canal or laying down a road is a momentous political question, where the state has no army to pay and no wars to carry on, and where much wealth and much honor cannot be bestowed428 upon the chief citizens, no form of government can be more natural or more appropriate than that of a republic. But it is this same republican spirit, it is these manners and customs of a free people, which are engendered and nurtured in the different states, to be afterward applied to the country at large. The public spirit of the union is, so to speak, nothing more than an abstract of the patriotic429 zeal of the provinces. Every citizen of the United States transfuses430 his attachment431 to his little republic into the common store of American patriotism. In defending the union, he defends the increasing prosperity of his own district, the right of conducting its affairs, and the hope of causing measures of improvement to be adopted which may be favorable to his own interests; and these are motives which are wont to stir men more readily than the general interests of the country and the glory of the nation.
On the other hand, if the temper and the manners of the inhabitants especially fitted them to promote the welfare of a great republic, the federal system smoothed the obstacles which they might have encountered. The confederation of all the American states presents none of the ordinary disadvantages resulting from great agglomerations432 of men. The union is a great republic in extent, but the paucity433 of objects for which its government provides assimilates it to a small state. Its acts are important, but they are rare. As the sovereignty of the union is limited and incomplete, its exercise is not incompatible with liberty; for it does not excite those insatiable desires of fame and power which have proved so fatal to great republics. As there is no common centre to the country, vast capital cities, colossal434 wealth, abject435 poverty, and sudden revolutions are alike unknown; and political passion, instead of spreading over the land like a torrent436 of desolation, spends its strength against the interests and the individual passions of every state.
Nevertheless, all commodities and ideas circulate throughout the union as freely as in a country inhabited by one people. Nothing checks the spirit of enterprise. The government avails itself of the assistance of all who have talents or knowledge to serve it. Within the frontiers of the union the profoundest peace prevails, as within the heart of some great empire; abroad, it ranks with the most powerful nations of the earth: two thousand miles of coast are open to the commerce of the world; and as it possesses the keys of the globe, its flag is respected in the most remote seas. The union is as happy and as free as a small people, and as glorious and as strong as a great nation.
WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEOPLES, AND HOW THE ANGLO-AMERICANS WERE ENABLED TO ADOPT IT.
Every federal System contains defects which baffle the efforts of the Legislator.—The federal System is complex.—It demands a daily Exercise of Discretion on the Part of the Citizens.—Practical knowledge of the Government common among the Americans.—Relative weakness of the Government of the union another defect inherent in the federal System.—The Americans have diminished without remedying it.—The Sovereignty of the separate States apparently weaker, but really stronger, than that of the union.—Why.—Natural causes of union must exist between confederate Peoples beside the Laws.—What these Causes are among the Anglo-Americans.—Maine and Georgia, separated by a Distance of a thousand Miles, more naturally united than Normandy and Britany.—War, the main Peril189 of Confederations.—This proved even by the Example of the United States.—The union has no great Wars to fear.—Why.—Dangers to which Europeans would be exposed if they adopted the federal System of the Americans.
When a legislator succeeds, after persevering efforts, in exercising an indirect influence upon the destiny of nations, his genius is lauded437 by mankind, while in point of fact, the geographical position of the country which he is unable to change, a social condition which arose without his co-operation, manners and opinions which he cannot trace to their source, and an origin with which he is unacquainted, exercise so irresistible an influence over the courses of society, that he is himself borne away by the current, after an ineffectual resistance. Like the navigator, he may direct the vessel438 which bears him along, but he can neither change its structure, nor raise the winds, nor lull439 the waters which swell440 beneath him.
I have shown the advantages which the Americans derive from their federal system; it remains for me to point out the circumstances which render that system practicable, as its benefits are not to be enjoyed by all nations. The incidental defects of the federal system which originate in the laws may be corrected by the skill of the legislator, but there are farther evils inherent in the system which cannot be counteracted441 by the peoples which adopt it. These nations must therefore find the strength necessary to support the natural imperfections of the government.
The most prominent evil of all federal systems is the very complex nature of the means they employ. Two sovereignties are necessarily in the presence of each other. The legislator may simplify and equalize the action of these two sovereignties, by limiting each of them to a sphere of authority accurately defined; but he cannot combine them into one, or prevent them from running into collision at certain points. The federal system therefore rests upon a theory which is necessarily complicated, and which demands the daily exercise of a considerable share of discretion on the part of those it governs.
A proposition must be plain to be adopted by the understanding of a people. A false notion, which is clear and precise, will always meet with a greater number of adherents442 in the world than a true principle which is obscure or involved. Hence it arises that parties, which are like small communities in the heart of the nation, invariably adopt some principle or some name as a symbol, which very inadequately443 represents the end they have in view, and the means which are at their disposal, but without which they could neither act nor subsist. The governments which are founded upon a single principle or a single feeling which is easily defined, are perhaps not the best, but they are unquestionably the strongest and the most durable in the world.
In examining the constitution of the United States, which is the most perfect federal constitution that ever existed, one is startled, on the other hand, at the variety of information and the excellence444 of discretion which it presupposes in the people whom it is meant to govern. The government of the union depends entirely upon legal fictions; the union is an ideal notion which only exists in the mind, and whose limits and extent can only be discerned by the understanding.
When once the general theory is comprehended, numerous difficulties remain to be solved in its application; for the sovereignty of the union is so involved in that of the states, that it is impossible to distinguish its boundaries at the first glance. The whole structure of the government is artificial and conventional; and it would be ill-adapted to a people which has not long been accustomed to conduct its own affairs, or to one in which the science of politics has not descended445 to the humblest classes of society. I have never been more struck by the good sense and the practical judgment of the Americans than in the ingenious devices by which they elude349 the numberless difficulties resulting from their federal constitution. I scarcely ever met with a plain American citizen who could not distinguish, with surprising facility, the obligations created by the laws of congress from those created by the laws of his own state; and who, after having discriminated446 between the matters which come under the cognizance of the union, and those which the local legislature is competent to regulate, could not point out the exact limit of the several jurisdictions of the federal courts and the tribunals of the state.
The constitution of the United States is like those exquisite447 productions of human industry which ensure wealth and renown448 to their inventors, but which are profitless in any other hands. This truth is exemplified by the condition of Mexico at the present time. The Mexicans were desirous of establishing a federal system, and they took the federal constitution of their neighbors the Anglo-Americans as their model, and copied it with considerable accuracy.{157} But although they had borrowed the letter of the law, they were unable to create or to introduce the spirit and the sense which gave it life. They were involved in ceaseless embarrassments between the mechanism of their double government; the sovereignty of the states and that of the union perpetually exceeded their respective privileges, and entered into collision; and to the present day Mexico is alternately the victim of anarchy and the slave of military despotism.
The second and the most fatal of all the defects I have alluded449 to, and that which I believe to be inherent in the federal system, is the relative weakness of the government of the union. The principle upon which all confederations rest is that of a divided sovereignty. The legislator may render this partition less perceptible, he may even conceal it for a time from the public eye, but he cannot prevent it from existing; and a divided sovereignty must always be less powerful than an entire supremacy. The reader has seen in the remarks I have made on the constitution of the United States, that the Americans have displayed singular ingenuity450 in combining the restriction359 of the power of the union within the narrow limits of the federal government, with the semblance451, and to a certain extent with the force of a national government. By this means the legislators of the union have succeeded in diminishing, though not in counteracting452, the natural danger of confederations.
It has been remarked that the American government does not apply itself to the states, but that it immediately transmits its injunctions to the citizens, and compels them as isolated individuals to comply with its demands. But if the federal law were to clash with the interests and prejudices of a state, it might be feared that all the citizens of that state would conceive themselves to be interested in the cause of a single individual who should refuse to obey. If all the citizens of the state were aggrieved453 at the same time and in the same manner by the authority of the union, the federal government would vainly attempt to subdue344 them individually; they would instinctively455 unite in the common defence, and they would derive a ready-prepared organization from the share of sovereignty which the institution of their state allows them to enjoy. Fiction would give way to reality, and an organized portion of the territory might then contest the central authority.
The same observation holds good with regard to the federal jurisdiction. If the courts of the union violated an important law of a state in a private case, the real, if not the apparent contest would arise between the aggrieved state, represented by a citizen, and the union, represented by its courts of justice.{158}
He would have but a partial knowledge of the world who should imagine that it is possible, by the aid of legal fictions, to prevent men from finding out and employing those means of gratifying their passions which have been left open to them; and it may be doubted whether the American legislators, when they rendered a collision between the two sovereignties less probable, destroyed the causes of such a misfortune. But it may even be affirmed that they were unable to ensure the preponderance of the federal element in a case of this kind. The union is possessed of money and of troops, but the affections and the prejudices of the people are in the bosom of the states. The sovereignty of the union is an abstract being, which is connected with but few external objects; the sovereignty of the states is hourly perceptible, easily understood, constantly active; and if the former is of recent creation, the latter is coeval456 with the people itself. The sovereignty of the union is factitious, that of the states is natural, and derives457 its existence from its own simple influence, like the authority of a parent. The supreme power of the nation affects only a few of the chief interests of society; it represents an immense but remote country, and claims a feeling of patriotism which is vague and ill-defined; but the authority of the states controls every individual citizen at every hour and in all circumstances; it protects his property, his freedom, and his life; and when we recollect the traditions, the customs, the prejudices of local and familiar attachment with which it is connected, we cannot doubt the superiority of a power which is interwoven with every circumstance that renders the love of one's native country instinctive454 to the human heart.
Since legislators are unable to obviate such dangerous collisions as occur between the two sovereignties which co-exist in the federal system, their first object must be, not only to dissuade458 the confederate states from warfare459, but to encourage such institutions as may promote the maintenance of peace. Hence it results that the federal compact cannot be lasting460 unless there exists in the communities which are leagued together, a certain number of inducements to union which render their common dependance agreeable, and the task of the government light; and that system cannot succeed without the presence of favorable circumstances added to the influence of good laws. All the people which have ever formed a confederation have been held together by a certain number of common interests, which served as the intellectual ties of association.
But the sentiments and the principles of man must be taken into consideration as well as his immediate interest. A certain uniformity of civilisation is not less necessary to the durability of a confederation, than a uniformity of interests in the states which compose it. In Switzerland the difference which exists between the canton of Uri and the canton of Vaud is equal to that between the fifteenth and nineteenth centuries; and, properly speaking, Switzerland has never possessed a federal government. The union between these two cantons only subsists461 upon the map; and their discrepancies would soon be perceived if an attempt were made by a central authority to prescribe the same laws to the whole territory.
One of the circumstances which most powerfully contribute to support the federal government in America, is that the states have not only similar interests, a common origin, and a common tongue, but that they are also arrived at the same stage of civilisation; which almost always renders a union feasible. I do not know of any European nation, how small soever it may be, which does not present less uniformity in its different provinces than the American people, which occupies a territory as extensive as one half of Europe. The distance from the state of Maine to that of Georgia is reckoned at about one thousand miles; but the difference between the civilisation of Maine and that of Georgia is slighter than the difference between the habits of Normandy and those of Britany. Maine and Georgia, which are placed at the opposite extremities462 of a great empire, are consequently in the natural possession of more real inducements to form a confederation than Normandy and Britany, which are only separated by a bridge.
The geographical position of the country contributed to increase the facilities which the American legislators derived from the manners and customs of the inhabitants; and it is to this circumstance that the adoption and the maintenance of the federal system are mainly attributable.
The most important occurrence which can mark the annals of a people is the breaking out of a war. In war a people struggle with the energy of a single man against foreign nations, in the defence of its very existence. The skill of a government, the good sense of the community, and the natural fondness which men entertain for their country, may suffice to maintain peace in the interior of a district, and to favor its internal prosperity; but a nation can only carry on a great war at the cost of more numerous and more painful sacrifices; and to suppose that a great number of men will of their own accord comply with the exigencies of the state, is to betray an ignorance of mankind. All the peoples which have been obliged to sustain a long and serious warfare have consequently been led to augment the power of their government. Those which have not succeeded in this attempt have been subjugated. A long war almost always places nations in the wretched alternative of being abandoned to ruin by defeat, or to despotism by success. War therefore renders the symptoms of the weakness of a government most palpable and most alarming; and I have shown that the inherent defect of federal governments is that of being weak.
The federal system is not only deficient463 in every kind of centralized administration, but the central government itself is imperfectly organized, which is invariably an influential464 cause of inferiority when the nation is opposed to other countries which are themselves governed by a single authority. In the federal constitution of the United States, by which the central government possesses more real force, this evil is still extremely sensible. An example will illustrate465 the case to the reader.
The constitution confers upon congress the right of "calling forth militia466 to execute the laws of the union, suppress insurrections, and repel invasions;" and another article declares that the president of the United States is the commander-in-chief of the militia. In the war of 1812, the president ordered the militia of the northern states to march to the frontiers; but Connecticut and Massachusetts, whose interests were impaired by the war, refused to obey the command. They argued that the constitution authorizes467 the federal government to call forth the militia in cases of insurrection or invasion, but that, in the present instance, there was neither invasion nor insurrection. They added, that the same constitution which conferred upon the union the right of calling forth the militia, reserved to the states that of naming the officers; and that consequently (as they understood the clause) no officer of the union had any right to command the militia, even during war, except the president in person: and in this case they were ordered to join an army commanded by another individual. These absurd and pernicious doctrines468 received the sanction not only of the governors and legislative bodies, but also of the courts of justice in both states; and the federal government was constrained to raise elsewhere the troops which it required.{159}
The only safeguard which the American union, with all the relative perfection of its laws, possesses against the dissolution which would be produced by a great war, lies in its probable exemption469 from that calamity470. Placed in the centre of an immense continent, which offers a boundless471 field for human industry, the union is almost as much insulated from the world as if its frontiers were girt by the ocean. Canada contains only a million of inhabitants, and its population is divided into two inimical nations. The rigor75 of the climate limits the extension of its territory, and shuts up its ports during the six months of winter. From Canada to the Gulf472 of Mexico a few savage473 tribes are to be met with, which retire, perishing in their retreat, before six thousand soldiers. To the south, the union has a point of contact with the empire of Mexico; and it is thence that serious hostilities474 may one day be expected to arise. But for a long while to come, the uncivilized state of the Mexican community, the depravity of its morals, and its extreme poverty, will prevent that country from ranking high among nations. As for the powers of Europe, they are too distant to be formidable.{160}
The great advantage of the United States does not, then, consist in a federal constitution which allows them to carry on great wars, but in a geographical position, which renders such enterprises improbable.
No one can be more inclined than I am myself to appreciate the advantages of the federal system, which I hold to be one of the combinations most favorable to the prosperity and freedom of man. I envy the lot of those nations which have been enabled to adopt it; but I cannot believe that any confederate peoples could maintain a long or an equal contest with a nation of similar strength in which the government should be centralised. A people which should divide its sovereignty into fractional powers, in the presence of the great military monarchies of Europe, would, in my opinion, by that very act, abdicate22 its power, and perhaps its existence and its name. But such is the admirable position of the New World, that man has no other enemy than himself; and that in order to be happy and to be free, it suffices to seek the gifts of prosperity and the knowledge of freedom.
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1 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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2 reign | |
n.统治时期,统治,支配,盛行;v.占优势 | |
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3 constituent | |
n.选民;成分,组分;adj.组成的,构成的 | |
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n.间隔,间距;幕间休息,中场休息 | |
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5 promulgation | |
n.颁布 | |
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6 simultaneously | |
adv.同时发生地,同时进行地 | |
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7 yoke | |
n.轭;支配;v.给...上轭,连接,使成配偶 | |
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8 possessed | |
adj.疯狂的;拥有的,占有的 | |
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9 sufficiently | |
adv.足够地,充分地 | |
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10 consolidate | |
v.使加固,使加强;(把...)联为一体,合并 | |
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11 peculiar | |
adj.古怪的,异常的;特殊的,特有的 | |
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12 defective | |
adj.有毛病的,有问题的,有瑕疵的 | |
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13 subsisted | |
v.(靠很少的钱或食物)维持生活,生存下去( subsist的过去式和过去分词 ) | |
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14 subsist | |
vi.生存,存在,供养 | |
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15 condemn | |
vt.谴责,指责;宣判(罪犯),判刑 | |
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adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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17 outrages | |
引起…的义愤,激怒( outrage的第三人称单数 ) | |
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18 dependence | |
n.依靠,依赖;信任,信赖;隶属 | |
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19 verge | |
n.边,边缘;v.接近,濒临 | |
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20 pinnacle | |
n.尖塔,尖顶,山峰;(喻)顶峰 | |
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21 wont | |
adj.习惯于;v.习惯;n.习惯 | |
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22 abdicate | |
v.让位,辞职,放弃 | |
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23 abdicated | |
放弃(职责、权力等)( abdicate的过去式和过去分词 ); 退位,逊位 | |
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24 considerably | |
adv.极大地;相当大地;在很大程度上 | |
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25 geographical | |
adj.地理的;地区(性)的 | |
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26 valor | |
n.勇气,英勇 | |
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27 patriotism | |
n.爱国精神,爱国心,爱国主义 | |
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28 foes | |
敌人,仇敌( foe的名词复数 ) | |
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29 stifled | |
(使)窒息, (使)窒闷( stifle的过去式和过去分词 ); 镇压,遏制; 堵 | |
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30 devouring | |
吞没( devour的现在分词 ); 耗尽; 津津有味地看; 狼吞虎咽地吃光 | |
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31 bosom | |
n.胸,胸部;胸怀;内心;adj.亲密的 | |
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32 scrutinizing | |
v.仔细检查,详审( scrutinize的现在分词 ) | |
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33 apprised | |
v.告知,通知( apprise的过去式和过去分词 );评价 | |
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34 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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35 wrung | |
绞( wring的过去式和过去分词 ); 握紧(尤指别人的手); 把(湿衣服)拧干; 绞掉(水) | |
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36 inadequacy | |
n.无法胜任,信心不足 | |
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37 err | |
vi.犯错误,出差错 | |
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38 prosper | |
v.成功,兴隆,昌盛;使成功,使昌隆,繁荣 | |
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39 exigencies | |
n.急切需要 | |
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40 penetrated | |
adj. 击穿的,鞭辟入里的 动词penetrate的过去式和过去分词形式 | |
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41 penetrate | |
v.透(渗)入;刺入,刺穿;洞察,了解 | |
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42 enumerated | |
v.列举,枚举,数( enumerate的过去式和过去分词 ) | |
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43 destined | |
adj.命中注定的;(for)以…为目的地的 | |
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44 prerogative | |
n.特权 | |
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45 akin | |
adj.同族的,类似的 | |
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46 levying | |
征(兵)( levy的现在分词 ); 索取; 发动(战争); 征税 | |
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47 monarchy | |
n.君主,最高统治者;君主政体,君主国 | |
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48 monetary | |
adj.货币的,钱的;通货的;金融的;财政的 | |
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49 authorized | |
a.委任的,许可的 | |
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50 interfere | |
v.(in)干涉,干预;(with)妨碍,打扰 | |
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51 determined | |
adj.坚定的;有决心的 | |
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52 enact | |
vt.制定(法律);上演,扮演 | |
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53 unlimited | |
adj.无限的,不受控制的,无条件的 | |
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54 monarchies | |
n. 君主政体, 君主国, 君主政治 | |
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55 assent | |
v.批准,认可;n.批准,认可 | |
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56 impost | |
n.进口税,关税 | |
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57 levied | |
征(兵)( levy的过去式和过去分词 ); 索取; 发动(战争); 征税 | |
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58 binding | |
有约束力的,有效的,应遵守的 | |
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59 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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60 logic | |
n.逻辑(学);逻辑性 | |
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61 conciliation | |
n.调解,调停 | |
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62 lesser | |
adj.次要的,较小的;adv.较小地,较少地 | |
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63 subscribe | |
vi.(to)订阅,订购;同意;vt.捐助,赞助 | |
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64 doctrine | |
n.教义;主义;学说 | |
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65 abdicating | |
放弃(职责、权力等)( abdicate的现在分词 ); 退位,逊位 | |
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66 insignificant | |
adj.无关紧要的,可忽略的,无意义的 | |
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67 annul | |
v.宣告…无效,取消,废止 | |
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68 annulled | |
v.宣告无效( annul的过去式和过去分词 );取消;使消失;抹去 | |
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69 evade | |
vt.逃避,回避;避开,躲避 | |
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70 evaded | |
逃避( evade的过去式和过去分词 ); 避开; 回避; 想不出 | |
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71 irreconcilable | |
adj.(指人)难和解的,势不两立的 | |
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72 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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73 preponderate | |
v.数目超过;占优势 | |
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74 preponderates | |
v.超过,胜过( preponderate的第三人称单数 ) | |
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75 rigor | |
n.严酷,严格,严厉 | |
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76 politic | |
adj.有智虑的;精明的;v.从政 | |
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77 enjoyment | |
n.乐趣;享有;享用 | |
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78 variance | |
n.矛盾,不同 | |
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79 irresistible | |
adj.非常诱人的,无法拒绝的,无法抗拒的 | |
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80 legitimate | |
adj.合法的,合理的,合乎逻辑的;v.使合法 | |
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81 opposition | |
n.反对,敌对 | |
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82 habitual | |
adj.习惯性的;通常的,惯常的 | |
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83 constraint | |
n.(on)约束,限制;限制(或约束)性的事物 | |
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84 mechanism | |
n.机械装置;机构,结构 | |
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85 attested | |
adj.经检验证明无病的,经检验证明无菌的v.证明( attest的过去式和过去分词 );证实;声称…属实;使宣誓 | |
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86 provincial | |
adj.省的,地方的;n.外省人,乡下人 | |
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87 purely | |
adv.纯粹地,完全地 | |
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88 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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89 impeachment | |
n.弹劾;控告;怀疑 | |
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90 ratified | |
v.批准,签认(合约等)( ratify的过去式和过去分词 ) | |
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91 definitively | |
adv.决定性地,最后地 | |
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92 inspection | |
n.检查,审查,检阅 | |
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93 fixed | |
adj.固定的,不变的,准备好的;(计算机)固定的 | |
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94 magistrate | |
n.地方行政官,地方法官,治安官 | |
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95 temperate | |
adj.温和的,温带的,自我克制的,不过分的 | |
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96 perfectly | |
adv.完美地,无可非议地,彻底地 | |
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97 bribed | |
v.贿赂( bribe的过去式和过去分词 );向(某人)行贿,贿赂 | |
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98 corruption | |
n.腐败,堕落,贪污 | |
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99 corrupt | |
v.贿赂,收买;adj.腐败的,贪污的 | |
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100 incompetent | |
adj.无能力的,不能胜任的 | |
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101 fulfill | |
vt.履行,实现,完成;满足,使满意 | |
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102 undertakings | |
企业( undertaking的名词复数 ); 保证; 殡仪业; 任务 | |
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103 clog | |
vt.塞满,阻塞;n.[常pl.]木屐 | |
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104 annulling | |
v.宣告无效( annul的现在分词 );取消;使消失;抹去 | |
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105 obviated | |
v.避免,消除(贫困、不方便等)( obviate的过去式和过去分词 ) | |
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106 obviate | |
v.除去,排除,避免,预防 | |
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107 counteract | |
vt.对…起反作用,对抗,抵消 | |
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108 propensity | |
n.倾向;习性 | |
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109 persevering | |
a.坚忍不拔的 | |
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110 motives | |
n.动机,目的( motive的名词复数 ) | |
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111 motive | |
n.动机,目的;adv.发动的,运动的 | |
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112 virtue | |
n.德行,美德;贞操;优点;功效,效力 | |
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113 conceal | |
v.隐藏,隐瞒,隐蔽 | |
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114 concealed | |
a.隐藏的,隐蔽的 | |
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115 supremacy | |
n.至上;至高权力 | |
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116 mere | |
adj.纯粹的;仅仅,只不过 | |
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117 discrepancies | |
n.差异,不符合(之处),不一致(之处)( discrepancy的名词复数 ) | |
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118 irrelevant | |
adj.不恰当的,无关系的,不相干的 | |
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119 etiquette | |
n.礼仪,礼节;规矩 | |
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120 royalty | |
n.皇家,皇族 | |
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121 accustom | |
vt.使适应,使习惯 | |
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122 accost | |
v.向人搭话,打招呼 | |
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123 demeanor | |
n.行为;风度 | |
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124 paramount | |
a.最重要的,最高权力的 | |
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125 ordain | |
vi.颁发命令;vt.命令,授以圣职,注定,任命 | |
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126 nomination | |
n.提名,任命,提名权 | |
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127 chamber | |
n.房间,寝室;会议厅;议院;会所 | |
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128 chambers | |
n.房间( chamber的名词复数 );(议会的)议院;卧室;会议厅 | |
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129 indirectly | |
adv.间接地,不直接了当地 | |
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130 analogous | |
adj.相似的;类似的 | |
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131 labors | |
v.努力争取(for)( labor的第三人称单数 );苦干;详细分析;(指引擎)缓慢而困难地运转 | |
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132 durability | |
n.经久性,耐用性 | |
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133 hereditary | |
adj.遗传的,遗传性的,可继承的,世袭的 | |
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134 scrutiny | |
n.详细检查,仔细观察 | |
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135 essentially | |
adv.本质上,实质上,基本上 | |
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136 penetrates | |
v.穿过( penetrate的第三人称单数 );刺入;了解;渗透 | |
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137 functionaries | |
n.公职人员,官员( functionary的名词复数 ) | |
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138 derive | |
v.取得;导出;引申;来自;源自;出自 | |
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139 nominations | |
n.提名,任命( nomination的名词复数 ) | |
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140 sergeant | |
n.警官,中士 | |
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141 mooted | |
adj.未决定的,有争议的,有疑问的v.提出…供讨论( moot的过去式和过去分词 ) | |
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142 treasury | |
n.宝库;国库,金库;文库 | |
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143 prerogatives | |
n.权利( prerogative的名词复数 );特权;大主教法庭;总督委任组成的法庭 | |
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144 vigor | |
n.活力,精力,元气 | |
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145 dominion | |
n.统治,管辖,支配权;领土,版图 | |
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146 circumscribed | |
adj.[医]局限的:受限制或限于有限空间的v.在…周围划线( circumscribe的过去式和过去分词 );划定…范围;限制;限定 | |
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147 circumscribe | |
v.在...周围划线,限制,约束 | |
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148 prodigious | |
adj.惊人的,奇妙的;异常的;巨大的;庞大的 | |
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149 persevere | |
v.坚持,坚忍,不屈不挠 | |
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150 inflicting | |
把…强加给,使承受,遭受( inflict的现在分词 ) | |
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151 zealous | |
adj.狂热的,热心的 | |
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152 zeal | |
n.热心,热情,热忱 | |
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153 deviation | |
n.背离,偏离;偏差,偏向;离题 | |
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154 applied | |
adj.应用的;v.应用,适用 | |
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155 lure | |
n.吸引人的东西,诱惑物;vt.引诱,吸引 | |
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156 inflame | |
v.使燃烧;使极度激动;使发炎 | |
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157 espoused | |
v.(决定)支持,拥护(目标、主张等)( espouse的过去式和过去分词 ) | |
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158 throng | |
n.人群,群众;v.拥挤,群集 | |
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159 partisans | |
游击队员( partisan的名词复数 ); 党人; 党羽; 帮伙 | |
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160 solely | |
adv.仅仅,唯一地 | |
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161 inquiries | |
n.调查( inquiry的名词复数 );疑问;探究;打听 | |
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162 incompatible | |
adj.不相容的,不协调的,不相配的 | |
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163 hatred | |
n.憎恶,憎恨,仇恨 | |
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164 hostility | |
n.敌对,敌意;抵制[pl.]交战,战争 | |
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165 disposition | |
n.性情,性格;意向,倾向;排列,部署 | |
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166 passionate | |
adj.热情的,热烈的,激昂的,易动情的,易怒的,性情暴躁的 | |
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167 faction | |
n.宗派,小集团;派别;派系斗争 | |
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168 elevation | |
n.高度;海拔;高地;上升;提高 | |
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169 simplicity | |
n.简单,简易;朴素;直率,单纯 | |
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170 prosecute | |
vt.告发;进行;vi.告发,起诉,作检察官 | |
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171 indifference | |
n.不感兴趣,不关心,冷淡,不在乎 | |
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172 retirement | |
n.退休,退职 | |
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173 suspense | |
n.(对可能发生的事)紧张感,担心,挂虑 | |
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174 administrative | |
adj.行政的,管理的 | |
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175 impunity | |
n.(惩罚、损失、伤害等的)免除 | |
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176 vices | |
缺陷( vice的名词复数 ); 恶习; 不道德行为; 台钳 | |
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177 consuls | |
领事( consul的名词复数 ); (古罗马共和国时期)执政官 (古罗马共和国及其军队的最高首长,同时共有两位,每年选举一次) | |
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178 monarchical | |
adj. 国王的,帝王的,君主的,拥护君主制的 =monarchic | |
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179 preponderating | |
v.超过,胜过( preponderate的现在分词 ) | |
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180 maxims | |
n.格言,座右铭( maxim的名词复数 ) | |
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181 pointed | |
adj.尖的,直截了当的 | |
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182 predecessor | |
n.前辈,前任 | |
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183 functionary | |
n.官员;公职人员 | |
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184 fraught | |
adj.充满…的,伴有(危险等)的;忧虑的 | |
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185 Augmented | |
adj.增音的 动词augment的过去式和过去分词形式 | |
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186 augment | |
vt.(使)增大,增加,增长,扩张 | |
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187 negotiation | |
n.谈判,协商 | |
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188 precarious | |
adj.不安定的,靠不住的;根据不足的 | |
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189 peril | |
n.(严重的)危险;危险的事物 | |
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190 perilous | |
adj.危险的,冒险的 | |
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191 immediate | |
adj.立即的;直接的,最接近的;紧靠的 | |
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192 embarrassments | |
n.尴尬( embarrassment的名词复数 );难堪;局促不安;令人难堪或耻辱的事 | |
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193 calamities | |
n.灾祸,灾难( calamity的名词复数 );不幸之事 | |
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194 anarchy | |
n.无政府状态;社会秩序混乱,无秩序 | |
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195 agitation | |
n.搅动;搅拌;鼓动,煽动 | |
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196 martial | |
adj.战争的,军事的,尚武的,威武的 | |
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197 proceeding | |
n.行动,进行,(pl.)会议录,学报 | |
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198 dread | |
vt.担忧,忧虑;惧怕,不敢;n.担忧,畏惧 | |
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199 suffrages | |
(政治性选举的)选举权,投票权( suffrage的名词复数 ) | |
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200 judicious | |
adj.明智的,明断的,能作出明智决定的 | |
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201 intrigue | |
vt.激起兴趣,迷住;vi.耍阴谋;n.阴谋,密谋 | |
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202 inevitably | |
adv.不可避免地;必然发生地 | |
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203 cabal | |
n.政治阴谋小集团 | |
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204 usurped | |
篡夺,霸占( usurp的过去式和过去分词 ); 盗用; 篡夺,篡权 | |
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205 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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206 uncertainty | |
n.易变,靠不住,不确知,不确定的事物 | |
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207 convoked | |
v.召集,召开(会议)( convoke的过去式和过去分词 ) | |
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208 constituents | |
n.选民( constituent的名词复数 );成分;构成部分;要素 | |
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209 defer | |
vt.推迟,拖延;vi.(to)遵从,听从,服从 | |
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210 perpetuate | |
v.使永存,使永记不忘 | |
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211 expedient | |
adj.有用的,有利的;n.紧急的办法,权宜之计 | |
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212 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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213 conditional | |
adj.条件的,带有条件的 | |
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214 adoption | |
n.采用,采纳,通过;收养 | |
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215 dissemination | |
传播,宣传,传染(病毒) | |
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216 epoch | |
n.(新)时代;历元 | |
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217 trifling | |
adj.微不足道的;没什么价值的 | |
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218 tangible | |
adj.有形的,可触摸的,确凿的,实际的 | |
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219 presidency | |
n.总统(校长,总经理)的职位(任期) | |
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220 forth | |
adv.向前;向外,往外 | |
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221 auspices | |
n.资助,赞助 | |
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222 ardor | |
n.热情,狂热 | |
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223 agitated | |
adj.被鼓动的,不安的 | |
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224 homage | |
n.尊敬,敬意,崇敬 | |
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225 feverish | |
adj.发烧的,狂热的,兴奋的 | |
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226 dispelled | |
v.驱散,赶跑( dispel的过去式和过去分词 ) | |
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227 astonishment | |
n.惊奇,惊异 | |
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228 arduous | |
adj.艰苦的,费力的,陡峭的 | |
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229 commonwealth | |
n.共和国,联邦,共同体 | |
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230 consistency | |
n.一贯性,前后一致,稳定性;(液体的)浓度 | |
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231 immoral | |
adj.不道德的,淫荡的,荒淫的,有伤风化的 | |
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232 descend | |
vt./vi.传下来,下来,下降 | |
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233 descends | |
v.下来( descend的第三人称单数 );下去;下降;下斜 | |
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234 dwindle | |
v.逐渐变小(或减少) | |
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235 negotiations | |
协商( negotiation的名词复数 ); 谈判; 完成(难事); 通过 | |
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236 eligibility | |
n.合格,资格 | |
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237 adroitness | |
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238 afflicted | |
使受痛苦,折磨( afflict的过去式和过去分词 ) | |
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239 eluding | |
v.(尤指机敏地)避开( elude的现在分词 );逃避;躲避;使达不到 | |
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240 mischief | |
n.损害,伤害,危害;恶作剧,捣蛋,胡闹 | |
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241 unreasonable | |
adj.不讲道理的,不合情理的,过度的 | |
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242 radically | |
ad.根本地,本质地 | |
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243 parity | |
n.平价,等价,比价,对等 | |
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244 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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245 ineligible | |
adj.无资格的,不适当的 | |
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246 lessened | |
减少的,减弱的 | |
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247 forestalls | |
v.先发制人,预先阻止( forestall的第三人称单数 ) | |
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248 perils | |
极大危险( peril的名词复数 ); 危险的事(或环境) | |
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249 propriety | |
n.正当行为;正当;适当 | |
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250 apprehensions | |
疑惧 | |
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251 justify | |
vt.证明…正当(或有理),为…辩护 | |
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252 acquiesce | |
vi.默许,顺从,同意 | |
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253 remains | |
n.剩余物,残留物;遗体,遗迹 | |
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254 minutiae | |
n.微小的细节,细枝末节;(常复数)细节,小事( minutia的名词复数 ) | |
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255 aridity | |
n.干旱,乏味;干燥性;荒芜 | |
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256 succinct | |
adj.简明的,简洁的 | |
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257 prolix | |
adj.罗嗦的;冗长的 | |
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258 exacting | |
adj.苛求的,要求严格的 | |
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259 acting | |
n.演戏,行为,假装;adj.代理的,临时的,演出用的 | |
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260 obedience | |
n.服从,顺从 | |
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261 extremity | |
n.末端,尽头;尽力;终极;极度 | |
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262 connive | |
v.纵容;密谋 | |
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263 degenerate | |
v.退步,堕落;adj.退步的,堕落的;n.堕落者 | |
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264 intervention | |
n.介入,干涉,干预 | |
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265 repel | |
v.击退,抵制,拒绝,排斥 | |
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266 impartiality | |
n. 公平, 无私, 不偏 | |
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267 impartial | |
adj.(in,to)公正的,无偏见的 | |
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268 divers | |
adj.不同的;种种的 | |
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269 nay | |
adv.不;n.反对票,投反对票者 | |
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270 interpretations | |
n.解释( interpretation的名词复数 );表演;演绎;理解 | |
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271 interpretation | |
n.解释,说明,描述;艺术处理 | |
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272 jurisdiction | |
n.司法权,审判权,管辖权,控制权 | |
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273 jurisdictions | |
司法权( jurisdiction的名词复数 ); 裁判权; 管辖区域; 管辖范围 | |
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274 insufficient | |
adj.(for,of)不足的,不够的 | |
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275 mutual | |
adj.相互的,彼此的;共同的,共有的 | |
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276 arbiter | |
n.仲裁人,公断人 | |
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277 accomplished | |
adj.有才艺的;有造诣的;达到了的 | |
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278 abstain | |
v.自制,戒绝,弃权,避免 | |
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279 dubious | |
adj.怀疑的,无把握的;有问题的,靠不住的 | |
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280 amity | |
n.友好关系 | |
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281 equity | |
n.公正,公平,(无固定利息的)股票 | |
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282 maritime | |
adj.海的,海事的,航海的,近海的,沿海的 | |
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283 prohibition | |
n.禁止;禁令,禁律 | |
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284 nonentity | |
n.无足轻重的人 | |
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285 drawn | |
v.拖,拉,拔出;adj.憔悴的,紧张的 | |
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286 augments | |
增加,提高,扩大( augment的名词复数 ) | |
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287 component | |
n.组成部分,成分,元件;adj.组成的,合成的 | |
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288 solicitude | |
n.焦虑 | |
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289 apparently | |
adv.显然地;表面上,似乎 | |
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290 concurrently | |
adv.同时地 | |
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291 impair | |
v.损害,损伤;削弱,减少 | |
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292 impaired | |
adj.受损的;出毛病的;有(身体或智力)缺陷的v.损害,削弱( impair的过去式和过去分词 ) | |
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293 appreciable | |
adj.明显的,可见的,可估量的,可觉察的 | |
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294 accurately | |
adv.准确地,精确地 | |
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295 pretext | |
n.借口,托词 | |
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296 impairs | |
v.损害,削弱( impair的第三人称单数 ) | |
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297 impairing | |
v.损害,削弱( impair的现在分词 ) | |
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298 pretence | |
n.假装,作假;借口,口实;虚伪;虚饰 | |
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299 vindicating | |
v.澄清(某人/某事物)受到的责难或嫌疑( vindicate的现在分词 );表明或证明(所争辩的事物)属实、正当、有效等;维护 | |
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300 confiscating | |
没收(confiscate的现在分词形式) | |
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301 creditors | |
n.债权人,债主( creditor的名词复数 ) | |
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302 unwilling | |
adj.不情愿的 | |
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303 arbiters | |
仲裁人,裁决者( arbiter的名词复数 ) | |
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304 jointly | |
ad.联合地,共同地 | |
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305 rejection | |
n.拒绝,被拒,抛弃,被弃 | |
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306 alleged | |
a.被指控的,嫌疑的 | |
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307 confirmation | |
n.证实,确认,批准 | |
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308 questionable | |
adj.可疑的,有问题的 | |
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309 infringe | |
v.违反,触犯,侵害 | |
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310 construe | |
v.翻译,解释 | |
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311 plausible | |
adj.似真实的,似乎有理的,似乎可信的 | |
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312 prosecution | |
n.起诉,告发,检举,执行,经营 | |
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313 prosecutions | |
起诉( prosecution的名词复数 ); 原告; 实施; 从事 | |
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314 enervate | |
v.使虚弱,使无力 | |
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315 derived | |
vi.起源;由来;衍生;导出v.得到( derive的过去式和过去分词 );(从…中)得到获得;源于;(从…中)提取 | |
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316 corroborate | |
v.支持,证实,确定 | |
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317 isolated | |
adj.与世隔绝的 | |
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318 constraining | |
强迫( constrain的现在分词 ); 强使; 限制; 约束 | |
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319 contrived | |
adj.不自然的,做作的;虚构的 | |
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320 assessment | |
n.评价;评估;对财产的估价,被估定的金额 | |
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321 refractory | |
adj.倔强的,难驾驭的 | |
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322 taxpayer | |
n.纳税人 | |
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323 antagonist | |
n.敌人,对抗者,对手 | |
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324 enacted | |
制定(法律),通过(法案)( enact的过去式和过去分词 ) | |
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325 vends | |
v.出售(尤指土地等财产)( vend的第三人称单数 );(尤指在公共场所)贩卖;发表(意见,言论);声明 | |
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326 afterward | |
adv.后来;以后 | |
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327 engender | |
v.产生,引起 | |
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328 tranquil | |
adj. 安静的, 宁静的, 稳定的, 不变的 | |
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329 tranquillity | |
n. 平静, 安静 | |
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330 discretion | |
n.谨慎;随意处理 | |
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331 imposing | |
adj.使人难忘的,壮丽的,堂皇的,雄伟的 | |
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332 civilized | |
a.有教养的,文雅的 | |
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333 repugnance | |
n.嫌恶 | |
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334 attains | |
(通常经过努力)实现( attain的第三人称单数 ); 达到; 获得; 达到(某年龄、水平、状况) | |
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335 attain | |
vt.达到,获得,完成 | |
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336 controversies | |
争论 | |
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337 versus | |
prep.以…为对手,对;与…相比之下 | |
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338 recollected | |
adj.冷静的;镇定的;被回忆起的;沉思默想的v.记起,想起( recollect的过去式和过去分词 ) | |
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339 recollect | |
v.回忆,想起,记起,忆起,记得 | |
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340 fleeting | |
adj.短暂的,飞逝的 | |
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341 guardians | |
监护人( guardian的名词复数 ); 保护者,维护者 | |
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342 magistrates | |
地方法官,治安官( magistrate的名词复数 ) | |
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343 subdued | |
adj. 屈服的,柔和的,减弱的 动词subdue的过去式和过去分词 | |
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344 subdue | |
vt.制服,使顺从,征服;抑制,克制 | |
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345 retract | |
vt.缩回,撤回收回,取消 | |
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346 prudent | |
adj.谨慎的,有远见的,精打细算的 | |
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347 plunged | |
v.颠簸( plunge的过去式和过去分词 );暴跌;骤降;突降 | |
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348 inclinations | |
倾向( inclination的名词复数 ); 倾斜; 爱好; 斜坡 | |
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349 elude | |
v.躲避,困惑 | |
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350 eluded | |
v.(尤指机敏地)避开( elude的过去式和过去分词 );逃避;躲避;使达不到 | |
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351 imminent | |
adj.即将发生的,临近的,逼近的 | |
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352 inevitable | |
adj.不可避免的,必然发生的 | |
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353 esteem | |
n.尊敬,尊重;vt.尊重,敬重;把…看作 | |
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354 distinguished | |
adj.卓越的,杰出的,著名的 | |
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355 nurtured | |
养育( nurture的过去式和过去分词 ); 培育; 滋长; 助长 | |
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356 braced | |
adj.拉牢的v.支住( brace的过去式和过去分词 );撑牢;使自己站稳;振作起来 | |
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357 penetrating | |
adj.(声音)响亮的,尖锐的adj.(气味)刺激的adj.(思想)敏锐的,有洞察力的 | |
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358 animated | |
adj.生气勃勃的,活跃的,愉快的 | |
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359 restriction | |
n.限制,约束 | |
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360 restrictions | |
约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则) | |
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361 resolutely | |
adj.坚决地,果断地 | |
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362 emanates | |
v.从…处传出,传出( emanate的第三人称单数 );产生,表现,显示 | |
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363 propensities | |
n.倾向,习性( propensity的名词复数 ) | |
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364 courageously | |
ad.勇敢地,无畏地 | |
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365 founders | |
n.创始人( founder的名词复数 ) | |
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366 revolving | |
adj.旋转的,轮转式的;循环的v.(使)旋转( revolve的现在分词 );细想 | |
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367 emoluments | |
n.报酬,薪水( emolument的名词复数 ) | |
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368 strictly | |
adv.严厉地,严格地;严密地 | |
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369 attentive | |
adj.注意的,专心的;关心(别人)的,殷勤的 | |
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370 durable | |
adj.持久的,耐久的 | |
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371 skilfully | |
adv. (美skillfully)熟练地 | |
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372 recapitulate | |
v.节述要旨,择要说明 | |
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373 adverting | |
引起注意(advert的现在分词形式) | |
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374 antiquity | |
n.古老;高龄;古物,古迹 | |
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375 remarkable | |
adj.显著的,异常的,非凡的,值得注意的 | |
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376 inefficiency | |
n.无效率,无能;无效率事例 | |
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377 allied | |
adj.协约国的;同盟国的 | |
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378 ordaining | |
v.任命(某人)为牧师( ordain的现在分词 );授予(某人)圣职;(上帝、法律等)命令;判定 | |
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379 dictate | |
v.口授;(使)听写;指令,指示,命令 | |
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380 enactments | |
n.演出( enactment的名词复数 );展现;规定;通过 | |
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381 alteration | |
n.变更,改变;蚀变 | |
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382 momentous | |
adj.重要的,重大的 | |
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383 onerous | |
adj.繁重的 | |
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384 connived | |
v.密谋 ( connive的过去式和过去分词 );搞阴谋;默许;纵容 | |
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385 levies | |
(部队)征兵( levy的名词复数 ); 募捐; 被征募的军队 | |
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386 mandates | |
托管(mandate的第三人称单数形式) | |
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387 violation | |
n.违反(行为),违背(行为),侵犯 | |
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388 discord | |
n.不和,意见不合,争论,(音乐)不和谐 | |
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389 augmenting | |
使扩张 | |
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390 nominal | |
adj.名义上的;(金额、租金)微不足道的 | |
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391 constrained | |
adj.束缚的,节制的 | |
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392 improper | |
adj.不适当的,不合适的,不正确的,不合礼仪的 | |
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393 inadequate | |
adj.(for,to)不充足的,不适当的 | |
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394 stagnant | |
adj.不流动的,停滞的,不景气的 | |
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395 apathy | |
n.漠不关心,无动于衷;冷淡 | |
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396 pusillanimous | |
adj.懦弱的,胆怯的 | |
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397 Amended | |
adj. 修正的 动词amend的过去式和过去分词 | |
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398 civilisation | |
n.文明,文化,开化,教化 | |
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399 faculties | |
n.能力( faculty的名词复数 );全体教职员;技巧;院 | |
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400 galling | |
adj.难堪的,使烦恼的,使焦躁的 | |
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401 exasperating | |
adj. 激怒的 动词exasperate的现在分词形式 | |
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402 meddle | |
v.干预,干涉,插手 | |
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403 overthrow | |
v.推翻,打倒,颠覆;n.推翻,瓦解,颠覆 | |
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404 tyrant | |
n.暴君,专制的君主,残暴的人 | |
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405 immunities | |
免除,豁免( immunity的名词复数 ); 免疫力 | |
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406 censure | |
v./n.责备;非难;责难 | |
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407 virtues | |
美德( virtue的名词复数 ); 德行; 优点; 长处 | |
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408 arrogance | |
n.傲慢,自大 | |
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409 diversified | |
adj.多样化的,多种经营的v.使多样化,多样化( diversify的过去式和过去分词 );进入新的商业领域 | |
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410 intensity | |
n.强烈,剧烈;强度;烈度 | |
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411 solitude | |
n. 孤独; 独居,荒僻之地,幽静的地方 | |
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412 impetus | |
n.推动,促进,刺激;推动力 | |
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413 well-being | |
n.安康,安乐,幸福 | |
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414 worthy | |
adj.(of)值得的,配得上的;有价值的 | |
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415 exertions | |
n.努力( exertion的名词复数 );费力;(能力、权力等的)运用;行使 | |
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416 precedent | |
n.先例,前例;惯例;adj.在前的,在先的 | |
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417 undoubtedly | |
adv.确实地,无疑地 | |
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418 avert | |
v.防止,避免;转移(目光、注意力等) | |
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419 affluent | |
adj.富裕的,富有的,丰富的,富饶的 | |
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420 pillaged | |
v.抢劫,掠夺( pillage的过去式和过去分词 ) | |
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421 subjugated | |
v.征服,降伏( subjugate的过去式和过去分词 ) | |
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422 impoverished | |
adj.穷困的,无力的,用尽了的v.使(某人)贫穷( impoverish的过去式和过去分词 );使(某物)贫瘠或恶化 | |
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423 misery | |
n.痛苦,苦恼,苦难;悲惨的境遇,贫苦 | |
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424 aggrandizement | |
n.增大,强化,扩大 | |
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425 juxtaposition | |
n.毗邻,并置,并列 | |
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426 stimulate | |
vt.刺激,使兴奋;激励,使…振奋 | |
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427 engendered | |
v.产生(某形势或状况),造成,引起( engender的过去式和过去分词 ) | |
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428 bestowed | |
赠给,授予( bestow的过去式和过去分词 ) | |
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429 patriotic | |
adj.爱国的,有爱国心的 | |
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430 transfuses | |
v.输(血或别的液体)( transfuse的第三人称单数 );渗透;使…被灌输或传达 | |
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431 attachment | |
n.附属物,附件;依恋;依附 | |
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432 agglomerations | |
n.成团,结块(agglomeration的复数形式) | |
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433 paucity | |
n.小量,缺乏 | |
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434 colossal | |
adj.异常的,庞大的 | |
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435 abject | |
adj.极可怜的,卑屈的 | |
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436 torrent | |
n.激流,洪流;爆发,(话语等的)连发 | |
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437 lauded | |
v.称赞,赞美( laud的过去式和过去分词 ) | |
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438 vessel | |
n.船舶;容器,器皿;管,导管,血管 | |
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439 lull | |
v.使安静,使入睡,缓和,哄骗;n.暂停,间歇 | |
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440 swell | |
vi.膨胀,肿胀;增长,增强 | |
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441 counteracted | |
对抗,抵消( counteract的过去式 ) | |
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442 adherents | |
n.支持者,拥护者( adherent的名词复数 );党羽;徒子徒孙 | |
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443 inadequately | |
ad.不够地;不够好地 | |
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444 excellence | |
n.优秀,杰出,(pl.)优点,美德 | |
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445 descended | |
a.为...后裔的,出身于...的 | |
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446 discriminated | |
分别,辨别,区分( discriminate的过去式和过去分词 ); 歧视,有差别地对待 | |
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447 exquisite | |
adj.精美的;敏锐的;剧烈的,感觉强烈的 | |
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448 renown | |
n.声誉,名望 | |
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449 alluded | |
提及,暗指( allude的过去式和过去分词 ) | |
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450 ingenuity | |
n.别出心裁;善于发明创造 | |
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451 semblance | |
n.外貌,外表 | |
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452 counteracting | |
对抗,抵消( counteract的现在分词 ) | |
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453 aggrieved | |
adj.愤愤不平的,受委屈的;悲痛的;(在合法权利方面)受侵害的v.令委屈,令苦恼,侵害( aggrieve的过去式);令委屈,令苦恼,侵害( aggrieve的过去式和过去分词) | |
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454 instinctive | |
adj.(出于)本能的;直觉的;(出于)天性的 | |
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455 instinctively | |
adv.本能地 | |
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456 coeval | |
adj.同时代的;n.同时代的人或事物 | |
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457 derives | |
v.得到( derive的第三人称单数 );(从…中)得到获得;源于;(从…中)提取 | |
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458 dissuade | |
v.劝阻,阻止 | |
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459 warfare | |
n.战争(状态);斗争;冲突 | |
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460 lasting | |
adj.永久的,永恒的;vbl.持续,维持 | |
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461 subsists | |
v.(靠很少的钱或食物)维持生活,生存下去( subsist的第三人称单数 ) | |
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462 extremities | |
n.端点( extremity的名词复数 );尽头;手和足;极窘迫的境地 | |
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463 deficient | |
adj.不足的,不充份的,有缺陷的 | |
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464 influential | |
adj.有影响的,有权势的 | |
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465 illustrate | |
v.举例说明,阐明;图解,加插图 | |
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466 militia | |
n.民兵,民兵组织 | |
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467 authorizes | |
授权,批准,委托( authorize的名词复数 ) | |
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468 doctrines | |
n.教条( doctrine的名词复数 );教义;学说;(政府政策的)正式声明 | |
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469 exemption | |
n.豁免,免税额,免除 | |
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470 calamity | |
n.灾害,祸患,不幸事件 | |
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471 boundless | |
adj.无限的;无边无际的;巨大的 | |
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472 gulf | |
n.海湾;深渊,鸿沟;分歧,隔阂 | |
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473 savage | |
adj.野蛮的;凶恶的,残暴的;n.未开化的人 | |
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474 hostilities | |
n.战争;敌意(hostility的复数);敌对状态;战事 | |
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