Should it happen, however, that separate collectors of internal revenue should be appointed under the federal government, the influence of the whole number would not bear a comparison with that of the multitude of State officers in the opposite scale. Within every district to which a federal collector would be allotted, there would not be less than thirty or forty, or even more, officers of different descriptions, and many of them persons of character and weight, whose influence would lie on the side of the State.
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When it has been settled that the English Government is necessary, then it is useful for India that its rule should be established on the firmest possible basis. And it is desirable for Government that for its stability it should maintain an army of such a size as it may think expedient, with a proper equipment of officers; and that it should in every district appoint officials in whom it can place complete confidence, in order that if a conspiracy arises in any place they may apply the remedy. I ask you, is it the duty of Government or not to appoint European officers in its empire to stop conspiracies and rebellions? Be just, and examine your hearts, and tell me if it is not a natural law that people should confide more in men of their own nation. If any Englishman tells you anything which is true, you remain doubtful. But when a man of your own nation, or your family, tells you a thing privately in your house, you believe it at once. What reason can you then give why Government, in the administration of so big an empire, should not appoint as custodians of secrets and as givers of every kind of information, men of her own nationality, but must leave all these matters to you, and say: "Do what you like?" These things which I have said are such necessary matters of State administration that, whatever nation may be holding the empire, they cannot be left out of sight. It is the business of a good and just Government, after having secured the above mentioned essentials, to give honour to the people of the land over which it rules, and to give them as high appointments as it can. But, in reality, there are certain appointments to which we can claim no right; we cannot claim the post of head executive authority in any zila. There are hundreds of secrets which Government cannot disclose. If Government appoint us to such responsible and confidential posts, it is her favour. 189-90
Because of this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself, the post of federal district attorney from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the senate of the United States. You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor.
It ought not to be forgotten that, under the existing Confederation, two members may, and usually do, represent a State; whence it happens that Congress, who now are solely invested with all the powers of the Union, rarely consist of a greater number of persons than would compose the intended Senate. If we add to this, that as the members vote by States, and that where there is only a single member present from a State, his vote is lost, it will justify a supposition that the active voices in the Senate, where the members are to vote individually, would rarely fall short in number of the active voices in the existing Congress. When, in addition to these considerations, we take into view the co-operation of the President, we shall not hesitate to infer that the people of America would have greater security against an improper use of the power of making treaties, under the new Constitution, than they now enjoy under the Confederation.
Government was instituted for the purposes of common defence, and those who hold the reins of government have an equitable, natural right to an honorable support from the same principle that "the laborer is worthy of his hire." But then the same community which they serve ought to be the assessors of their pay. Governors have no right to seek and take what they please; by this, instead of being content with the station assigned them, that of honorable servants of the society, they would soon become absolute masters, despots, and tyrants. Hence, as a private man has a right to say what wages he will give in his private affairs, so has a community to determine what they will give and grant of their substance for the administration of public affairs. And, in both cases, more are ready to offer their service at the proposed and stipulated price than are able and willing to perform their duty.
We must also recognize that the national administration is not and cannot be adjusted to the needs of local government. … The states should not be induced by coercion or by favor to surrender the management of their own affairs. The federal government ought to resist the tendency to be loaded up with duties which the States should perform. It does not follow that because something ought to be done the national government ought to do it. …
Allowing the utmost latitude to the love of power which any reasonable man can require, I confess I am at a loss to discover what temptation the persons intrusted with the administration of the general government could ever feel to divest the States of the authorities of that description. The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition. Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought, in the first instance, to be lodged in the national depository. The administration of private justice between the citizens of the same State, the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction. It is therefore improbable that there should exist a disposition in the federal councils to usurp the powers with which they are connected; because the attempt to exercise those powers would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendor of the national government.
It only takes one percent or less of The People... mobilized in every Congressional District... say three or four thousand [out of an average Congressional District population]... [A]s long as they represent a majority opinion... they can control the Congress against any vested interest. We used to do it on far less... regulating the auto industry, getting through the Freedom of Information Act, which was opposed by... almost every corporate trade association, because they didn't want government information on them available to the public.
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Each officer possesses all the power necessary to render his position efficient, and has the authority with the approval of the President and General Superintendent to appoint all persons for whose acts he is held responsible, and may dismiss any subordinate when, in his judgment, the interest of the company will be promoted thereby.
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