As the united Americans have displayed a distinct, a strong, and almost a peculiar character on the impor tant subject of religious liberty, so they have very con siderably distinguished themselves by their theory and practice in civil polity.
The present North American constitutions are su preme written laws, sanctioning, recognising, and adopt ing- however the law of nations, and the common law of our original confederated empire. They place in a state of separation and mutual independence, in a more con siderable degree than any other country, the legislative, executive, and judicial powers. It is on the subject of removal from an office, and incapacity to fill another, in consequence of guilt, that the senatorial branch of the legislature exercises the only judiciary power, which is not entirely confined to the judicial courts of law, equity, and admiralty. But the senate can award no punish ment in person or in property.
It is on the subject of appointment to office and of treaties with foreign powers, that the senatorial branch of the legislature exercises the only executive power which is not entirely confined to the president of the United States and his various aids and subordinates in the national government.
It is in a qualified negative on the bills, prepared for enacting into laws, that the president possesses the only legislative power, which is not strictly confined to the congress of the United States. But the president's veto is precisely modified ; for if two-thirds of the congress shall, on reconsideration, approve of a constitutional bill, it becomes a binding and effective law, although it may have received the negative of the president, accom panied by his reasons. The congress, then, composed of the representatives of the seventeen states in the senatorial house, and of the representatives of all the landholders and legitimate citizens, in the national house of representatives, arc the supreme organ of the sovereign people of the United States. Nearly all the emoluments of public office, power, and authority, are specifically granted by this legislative congress, in which no judi cial, executive, military, or naval officer, can hold a seat.
There is no religious test, under the constitution of the United States ; nor can such test be prescribed by their statutes. It follows, therefore, that no person can
he disqualified from exercising any office or power by his religious opinions, or profession. The established oaths are, one, " to support the constitution of the United States," and another, faithfully to execute the public trust, on which the functionary is about to enter.
The provisions of the constitution, on the subject of the army, prevent troops being raised by the executive power, or president : so of the navy. The army cannot be provided, for more than two years at a time, even by the legislature. The practice is to provide their ex penses for one year at a time. The practice respecting the navy is the same, as to an annual provision.
The judges, even in chancery and in the admiralty, are independent of the people, of the legislature, and of the executive power, being commissioned to act during good behaviour, which commission cannot be vacated, but by death, resignation, or conviction on an impeach ment by the house of representatives, as the grand in quest of the nation, and after trial before the senate, as the tribunal assigned for the deciding on impeachment. So as to the common law judges.
The members of the legislature, to preserve their independence, and military officers by land and sea, cannot be impeached. All other public functionaries, being considered as " civil officers," can be impeached.
The unlawful acts, of all public officers, subject them to trials for crimes, and damages at the suit of the Uni ted States, of a particular state, or of individuals.
There is no civil impediment to the election, employ ment, or appointment of a minister of religion in any station, civil, military,or naval, under the constitution of the United States.
All facts arc ascertained, under the same, by trial by jury, in civil as well as criminal cases. Testimony in the courts of law is oral, except in the case of going, sick or aged witnesses in civil suits, or those who are out of the jurisdiction : so in the admiralty. In the courts of chancery, testimony is allowed to be oral and written.—All witnesses, in criminal cases, arc subject to be confronted, in open court, by the accused, with his counsel. In such cases, the jury is required to be of the vicinage.