Page:John Adams - A Defence of the Constitutions of Government of the United States of America Vol. I. (1787).djvu/212

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174
Ancient Republics, and Opinions

conventions. It is to the people that the generals, after the expiration of their command, give an account of their conduct: ſo that it is by no means ſafe for them to diſregard the favour either of the ſenate, or of the people.

The ſenate is under a neceſſity of ſhewing a regard to the people, and of aiming at their approbation; as not having the power to puniſh crimes of the firſt magnitude with death, unleſs the people confirm the previous decree: if a law is propoſed, by which part of the power of the ſenate is to be taken away, their dignities aboliſhed, or even their fortunes diminiſhed, the people have it in their power either to receive or reject it. If one of the tribunes of the people oppoſes the paſſing of a decree, the ſenate are ſo far from being able to enact it, that it is not even in their power to conſult or aſſemble at all. For all theſe reaſons, the fenaſe ſtands in awe of the people.

The people alſo are ſubject to the power of the ſenate, and under an obligation of cultivating the good-will of all the ſenators, who have many opportunities both of prejudicing and advantaging individuals. Judges are appointed out of the ſenate in moſt cauſes that relate to contracts, public or private. There are many rivers, ports, gardens, mines, and lands, and many works relating to erecting and repairing public buildings, let out by the cenſors, under the care of the ſenate; all thefſ are undertaken by the people; ſome are purchaſers, others partners, ſome ſureties for the contracts. All theſe things are under the controul of the ſenate, which has power to give time, to mitigate, and, if any thing has happened to render the performance of the contract impracticable, to cancel it. The people, thus dependent on the ſenate, and apprehending the uncertainty of the

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