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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
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Till he has given his assent to them he is moreover the executor of all they ordain the president is also the executor of the laws but he does not really co operate in their formation
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Since the refusal of his assent does not annul 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
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He also contributes to the nomination of the legislature which exercises the other portion he has the privilege of appointing the members of one chamber and of dissolving the other at his pleasure
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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 chambers a right which the president does not possess
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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
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So that his influence and his opinions can only penetrate indirectly 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
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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
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Seems to be most analogous to that of the king of france the president labors 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
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And durability 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
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In the exercise of the executive power the president of the united states is constantly subject to a jealous scrutiny he may make but he cannot conclude a treaty
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But in fact it exists in america it acts by elections and decrees in france it proceeds by revolutions but notwithstanding the different constitutions of these two countries
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Public opinion is the predominant authority in both of them the fundamental principle of legislation a principle essentially republican is the same in both countries
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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
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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
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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 penetrates in a thousand different ways into the administration of private interests
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Amongst the examples of this influence may be quoted that which results from the great number of public functionaries who all derive their appointments from the government this number now exceeds all previous limits
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The president has no opportunity of exercising his great prerogatives in the prerogatives he exercises he is weak if the executive government is feebler in america than in france the cause is more attributable
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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 its vigor
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And those which it would carry into effect the president of the united states is the commander in chief of the army
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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
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Separated from the rest of the world by the ocean and too weak as yet to aim at the dominion of the seas they have no enemies and their interests rarely come into contact with those of any other nation of the globe
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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
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Which circumstances do not permit him to employ
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There the executive government is constantly struggling against prodigious 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
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Without 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 still more preponderant
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It is an established axiom in europe that a constitutional king cannot persevere in a system of government which is opposed by the two other branches of the legislature
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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 inflicting a serious evil upon society
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I have heard this fact quoted as an instance of the independence and the power of the executive government in america a moment's reflection will convince us on the contrary that it is a proof of its extreme weakness
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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
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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
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These two authorities cannot subsist 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 evade the obligation of enforcing it
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His sincere and zealous 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
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And of his own free authority 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 reign between the crown and the other branches of the legislature
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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
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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 deviation from the principles of the government
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Of a great people have been sufficiently exemplified by experience and by history
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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
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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
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The more the ambition of the candidates is excited the more warmly are their interests espoused by a throng of partisans who hope to share the power when their patron has won the prize the dangers of the elective system increase therefore
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In the exact ratio of the influence exercised by the executive power
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The revolutions of poland were not solely attributable to the elective system in general but to the fact that the elected monarch was the sovereign of a powerful kingdom before we can discuss the absolute advantages of the elective system
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We must make preliminary inquiries as to whether the geographical position the laws the habits the manners and the opinions of the people amongst whom it is to be introduced will admit of the establishment of a weak and dependent executive government
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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 incompatible designs to reduce hereditary royalty to the condition of an elective authority
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Gradually to diminish its prerogatives and to accustom the people to live without its protection nothing however is further from the designs of the republicans of europe than this course as many of them owe their hatred of tyranny
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To the sufferings which they have personally undergone it is oppression and not the extent of the executive power which excites their hostility and they attack the former without perceiving how nearly it is connected with the latter
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Hitherto no citizen has shown any disposition 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
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The prize of fortune must be great to encourage adventurers in so desperate a game
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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 amongst his friends
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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
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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
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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 simplicity and rapidity that the seat of power will never be left vacant but notwithstanding these precautions
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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
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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
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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
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The more fatal is the term of suspense and a nation which is accustomed to the government or still more one used to the administrative protection of a powerful executive authority
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If the share of power vested in the elected magistrate is small in rome the principles of the government underwent no variation although the consuls were changed every year because the senate which was an hereditary assembly
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Possessed the directing authority if the elective system were adopted in europe the condition of most of the monarchical 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
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The preponderating power is vested in the representatives of the whole nation the political maxims of the country depend therefore on the mass of the people not on the president alone
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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
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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
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1,487
133,273
1487-133273-0061
Mister quincy adams on his entry into office discharged the majority of the individuals who had been appointed by his predecessor and i am not aware that general jackson allowed a single removable functionary employed in the federal service
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0062.flac
1,487
133,273
1487-133273-0062
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0063.flac
1,487
133,273
1487-133273-0063
Depends upon that of the ministers but in elective governments this evil is far greater in a constitutional monarchy successive ministries are rapidly formed but as the principal representative of the executive power does not change
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0064.flac
1,487
133,273
1487-133273-0064
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0065.flac
1,487
133,273
1487-133273-0065
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0066.flac
1,487
133,273
1487-133273-0066
That the public officer who loses his place may be deprived of the comforts of life
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0067.flac
1,487
133,273
1487-133273-0067
I remarked at the beginning of this chapter that the dangers of the elective system applied to the head of the state are augmented or decreased by the peculiar circumstances of the people which adopts it however the functions of the executive power may be restricted
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0068.flac
1,487
133,273
1487-133273-0068
It must always exercise a great influence upon the foreign policy of the country for a negotiation cannot be opened or successfully carried on otherwise than by a single agent the more precarious and the more perilous the position of a people becomes
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0069.flac
1,487
133,273
1487-133273-0069
The policy of the americans in relation to the whole world is exceedingly simple for it may almost be said that no country stands in need of them nor do they require the co operation of any other people
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0070.flac
1,487
133,273
1487-133273-0070
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0071.flac
1,487
133,273
1487-133273-0071
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0072.flac
1,487
133,273
1487-133273-0072
Which is perilous in proportion to the internal embarrassments and the external dangers of the country few of the nations of europe could escape the calamities of anarchy or of conquest every time they might have to elect a new sovereign
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0073.flac
1,487
133,273
1487-133273-0073
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 agitation
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0074.flac
1,487
133,273
1487-133273-0074
But not of ruin mode of election
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0075.flac
1,487
133,273
1487-133273-0075
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0076.flac
1,487
133,273
1487-133273-0076
Besides 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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0077.flac
1,487
133,273
1487-133273-0077
It was exposed to all the chances of civil war resulting from so martial a mode of proceeding besides 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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0078.flac
1,487
133,273
1487-133273-0078
Suggested the murder of that individual or prepared the way to anarchy in the examination of the institutions and the political as well as social condition of the united states
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0079.flac
1,487
133,273
1487-133273-0079
We are struck by the admirable harmony of the gifts of fortune and the efforts of man the nation possessed two of the main causes of internal peace it was a new country
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0080.flac
1,487
133,273
1487-133273-0080
America had no hostile neighbors to dread and the american legislators profiting by these favorable circumstances
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0081.flac
1,487
133,273
1487-133273-0081
Which could without danger be made elective
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0082.flac
1,487
133,273
1487-133273-0082
And the rules which they laid down upon this point admirably correspond to the securities which the physical and political constitution of the country already afforded
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0083.flac
1,487
133,273
1487-133273-0083
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0084.flac
1,487
133,273
1487-133273-0084
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 suffrages of a great people
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0085.flac
1,487
133,273
1487-133273-0085
And this difficulty is enhanced in a republic of confederate states where local influences are apt to preponderate
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0086.flac
1,487
133,273
1487-133273-0086
Was to delegate the electoral powers of the nation to a body of representatives this 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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0087.flac
1,487
133,273
1487-133273-0087
It also offered an additional probability of a judicious choice it then remained to be decided whether this right of election was to be entrusted to a legislative body
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0088.flac
1,487
133,273
1487-133273-0088
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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0089.flac
1,487
133,273
1487-133273-0089
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 represent might have changed its opinion in that time
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0090.flac
1,487
133,273
1487-133273-0090
Its members would for some time before the election
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0091.flac
1,487
133,273
1487-133273-0091
And the tricks of intrigue 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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0092.flac
1,487
133,273
1487-133273-0092
Had been entrusted in elective countries inevitably became the centres of passion and of cabal that they sometimes usurped an authority which did not belong to them and that their proceedings or the uncertainty which resulted from them
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0093.flac
1,487
133,273
1487-133273-0093
Were sometimes prolonged so much as to endanger the welfare of the state it was determined that the electors should all vote upon the same day
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0094.flac
1,487
133,273
1487-133273-0094
As between their constituents 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
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0095.flac
1,487
133,273
1487-133273-0095
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 perpetuate an agitation which must always be accompanied with danger
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0096.flac
1,487
133,273
1487-133273-0096
The third expedient was therefore adopted and it was agreed that the votes should be transmitted sealed to the president of the senate
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0097.flac
1,487
133,273
1487-133273-0097
And the house of representatives if none of the candidates has a majority
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0098.flac
1,487
133,273
1487-133273-0098
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 which is due to the popular voice is combined with the utmost celerity of execution
/home/albert/.cache/huggingface/datasets/downloads/extracted/41321bb258f165f6163b1b0335f41c1ae65f86988d636209307b7ed94af929a4/1487-133273-0099.flac
1,487
133,273
1487-133273-0099
But the decision of the question by the house of representatives does not necessarily offer an immediate solution of the difficulty for the majority of that assembly may still be doubtful