Page:The American Democrat, James Fenimore Cooper, 1838.djvu/19

Rh are made to take one character, while they profess to belong to another, a brief exposition will aid the reader in understanding the subject.

The king of England can do no wrong, but the ministers are responsible to parliament. As the country has no written constitution, and laws enacted by the king, lords and commons, have the force of constitutional provisions, a system has been established, by taking advantage of the necessities of different sovereigns, by which no executive act is legal, that is not sanctioned by at least one responsible minister. It follows, the monarch can do nothing to which his parliament is seriously opposed, since no minister will incur the risk of its displeasure. It is true that the nominal assent of the king is necessary to the enactment of a law, but the ministers being responsible for the consequences if it is withheld, and the parliament alone being the judge of these consequences, as well as of the criminals, while it has an active jealousy of its own power, no instance of the exercise of this authority has occurred for more than a century. The right to withhold supplies has been the most efficient agent of the parliament, in subduing the authority of the crown.

By the theory of the British constitution, the king can declare war. Formerly this prerogative was exercised by different warlike sovereigns for personal motives. Now, the right exists only in name, for no minister would consent to give the declaration the legal forms, with the certainty of being impeached, and punished, unless acting in accordance with the wishes of parliament.

Although parliament exercises this authority in all cases of importance, the ministers are permitted to perform most minor acts of authority unquestioned, so long as they have a party in the legislature to