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so equal the weight of authority adduced, that it was not till about three minutes before the speaker was at prayers that the committee were able to come to a decision, that as Browne was offered the bet with a fraudulent motive, his vote should be held good. It appeared that an unscrupulous non-elector had basely betrayed James Browne into the business expressly in order to invalidate his vote, which alone induced the committee to come to the above favorable decision."-London papers of March, 1838.

IX. The election itself may be seriously disturbed by the riot and drunkenness which in many places accompanies it. It is humiliating indeed to think, what is nevertheless a fact, that on election days, the days when the people ought to appear in their most solemn capacity, that of manifesting their integral and substantial citizenship, more vice and crime probably is committed than on any other. An English clergyman lately strongly denounced the corruption, drunkenness, the poisoned state of the public mind and violation of truth at elections, and probably with perfect truth. (1) In many places in the United States, we all know that drunkenness is frequent at elections. (2) A great evil is the disturbance of the poll, or the besieging it so that none except of the party can approach, or at least with great difficulty only; the falsification of elections by bringing electors of other wards or places, or people who have no right to vote at all, causing them perhaps to commit the additional crime of perjury, the withholding people from voting by preventing them from leaving some tavern, however well they may be kept there; the falsification of returns by destroying the contributary votes of some entire poll; the annoyance of citizens well known by every oneare all serious and deplorable offences. Every citizen ought to feel disposed to prosecute all such offences which are at all punishable by law. To do this, how

ever, he ought first of all to free himself of having directly or indirectly taken part in any election malpractice. The time may come-it has perhaps arrived-in which a society for the promotion and maintaining of fairness and justice at elections should be formed. As it is an object of political importance itself, yet in itself of no partisan color, there could be no objection against it; and a society of this sort would frequently make salutary agreements between two parties to give up some election abuses; while attention and discussion would be drawn to these important subjects, and better laws be promoted.

(1) A Sermon preached by a curate at Hounslow, in October, 1837.

(2) In some Swiss cantons all disturbance, noise, drinking, standing in large numbers around the election house is prohibited. According to law of December 18, 1832, of the pays the vau, against Brigues, that is ambitus, the electoral college (election judges) have the right to order any tavern, inn, or other public house, to be closed during election day, and order all customers away if they see fit. The law, consisting of twenty-six chief points, contains some interesting features. Under William III. a statute was passed against giving beer at elections. Trevor's Life of William III., vol. ii, p. 255.

CHAPTER II.

Parties.-Has any free Country existed without Parties? Can a free Country possibly exist without Parties? Is it desirable that a free Country should exist without Parties?-Historical Parties and passing ones. Conservative and Movement Parties. Characteristics of a sound Party.-Dangers of Party Zeal and factious Passion.-Party Signs. Misunderstanding of Language in high Party Spirit.-Ought a conscientious Citizen to attach himself to a Party?-The Law of Solon.-Independents.-Trimmers.

X. IF I have felt upon some occasions, while writing this work, more deeply impressed with the solemnity and greatness of its subject, and more ardently desired that my pen might be guided by the spirit of truth, discernment and the power of clothing my thoughts with accurate and appropriate language, than upon others, I have never felt more so than upon this, when I propose to write upon the subject of parties. Cato, when the last time in presence of judges, exclaimed, How difficult is it to defend ourselves before persons with whom we have not lived! But it is more difficult still to be plainly understood by contemporaries upon matters which greatly agitate the times. To mould the result of our experience and reflection into words, which convey all we are anxious to say, and no more, and to avoid the danger of unbidden association, is difficult, indeed; yet when the word has been uttered with due consideration, how few are there who endeavor to understand it in any other sense than that which accidental association in the individual reader happens to invest it. I premise these remarks for my younger readers, that they may bestow upon this subject all the attention which its urgent importance on the one hand, and its many dangers on the other, demand, and that before all they may avoid the drawing of hasty conclusions apparently justifying what, indeed, is to be carefully shunned as a wasting disease of the commonwealth.

XI. By a party we understand a number of citizens, who, for some period and not momentarily, act in unison respecting some principles, interest or measure, by lawful means, keeping therefore within the bounds of the fundamental law and for the real or sincerely supposed common good of the whole commonwealth. If either of these latter requisites be wanting; if that number of citizens act by unlawful means, or for sordid, selfish ends, or strive, secretly or openly beyond the fundamental law; that is, if they no longer strive for a change of the administration, or some laws, but for a change of the government itself, they are called a faction. (1) All parties are exposed to the danger of passing over into factions, which, if carried still farther, may become conspiracies.

Before we attentively consider the various bearings of this vast subject, it will be well briefly to answer three questions: first, has ever any free country, at any period of history, existed for any length of time without parties? Secondly, can we possibly expect any free country to exist without parties? And thirdly, is it desirable that a free country should exist without parties? Has there ever existed a free country for any length of time without parties? This is a question of fact, and can be decided by history alone, and, that no misunderstanding may exist, I will add, that by a free country I mean here, any country in which the citizen, according to the law or custom of the land, has a right to take, and does take, a more or less direct and positive, and not a mere indirect or negative part in the acts of government; in short, a body politic in which there is a widely diffused political action among the citizens at large. After this explanation, I avow that, as far as my knowledge goes, I know of no instance of a free state without parties. Forms may deceive; a state may have a republican form, for instance; yet be hemmed in by overwhelming power, like the republic of Cracow, and parties may indeed not exist; but does there exist any free political action either? The history of many free countries exhibits brief periods indeed, in which common and imminent danger, or a universal and pure enthusiasm, produced by a happy combination of circumstances, quiet all existing differences for the time; but I candidly maintain, that I believe, there never existed a free country actively developing within its bosom constitutional law, and feeling deeply interested in the great problems of right and public justice, in which there were not also parties. For neither in the physical world, nor in the moral or intellectual, is any thing great to be obtained without struggle, and where there is struggle there must be two sides, two parties. Indeed, we must answer at once the second question, that it is impossible for civil liberty to exist without parties. Politics do not differ in this respect from any other sphere of untrammeled action whatsoever. Where there is free action, of whatever sort, political, scientific, or in the fine arts, and especially where men thus situated, strive to obtain some common end, to establish

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