Conceived in Liberty Volume 2 - Ludwig von Mises Institute
Conceived in Liberty Volume 2 - Ludwig von Mises Institute
Conceived in Liberty Volume 2 - Ludwig von Mises Institute
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legislation, whereas the k<strong>in</strong>g had no veto over acts of Parliament; (b) the<br />
governors had the legal right to delay or dissolve the legislatures, whereas<br />
the k<strong>in</strong>g had lost that power <strong>in</strong> Brita<strong>in</strong>; and (c) the governors constituted<br />
the supreme judicial power <strong>in</strong> the colonies, while the Crown had been forced<br />
to accept <strong>in</strong>dependent judges <strong>in</strong> Brita<strong>in</strong>.<br />
How, then, the accretion of power to the executive <strong>in</strong> Brita<strong>in</strong>, accompanied<br />
by its decl<strong>in</strong>e <strong>in</strong> the colonies? Bailyn answered that the crucial<br />
difference between the two was what English libertarians of the day denounced<br />
as corruption—the ability of the Crown and its m<strong>in</strong>isters to buy<br />
up, to put it bluntly, the will of Parliament. In Brita<strong>in</strong>, the patronage at the<br />
control of the Crown was enormous, enabl<strong>in</strong>g the m<strong>in</strong>isters to purchase<br />
parliamentary support. As Bailyn po<strong>in</strong>ts out, <strong>in</strong> Brita<strong>in</strong><br />
some boroughs—twenty-five or thirty—were owned outright by the government<br />
<strong>in</strong> the sense that a majority of their electorates were officeholders who<br />
could be dismissed if they opposed the government; <strong>in</strong> others the election of<br />
members favorable to the government could be assured by the proper<br />
application of electioneer<strong>in</strong>g funds. Beyond this, control of the House was<br />
assured by the distribution of the crown patronage available to any adm<strong>in</strong>istration<br />
and by the management of the corps of placemen that resulted. In<br />
the middle of the eighteenth century about 200 of the 558 members of the<br />
House of Commons held crown places of one sort or another, and another<br />
thirty or forty were more loosely tied to government by awards of profitable<br />
contracts. Of those who held places, forty at least held offices <strong>in</strong>timately<br />
<strong>in</strong>volved <strong>in</strong> the government and were absolutely reliable. The other 160 held<br />
a variety of s<strong>in</strong>ecures, household offices, pensions, and military posts which<br />
brought them well with<strong>in</strong> the grasp of the adm<strong>in</strong>istration but yet required<br />
constant solicitation and management. A fluctuat<strong>in</strong>g number of other members<br />
were bound to the government less directly, particularly by the gift to<br />
their nom<strong>in</strong>ees of one or more of the 8,000 excise offices available.*<br />
Bailyn concludes that for executive dom<strong>in</strong>ance of the legislature, several<br />
preconditions had to exist: notably, the existence of an abundance of patronage<br />
and places; and a strictly limited franchise, "for the larger the vot<strong>in</strong>g<br />
population the greater the government's difficulty <strong>in</strong> controll<strong>in</strong>g elections."<br />
England, with a mass of patronage at the disposal of the Crown, its severely<br />
limited franchise, and a plethora of "rotten" and "pocket" boroughs represented<br />
<strong>in</strong> Parliament, had these conditions <strong>in</strong> abundance <strong>in</strong> the eighteenth<br />
century. But, Bailyn po<strong>in</strong>ts out, these preconditions for executive control<br />
and manipulation of the legislature were conspicuous by their absence <strong>in</strong><br />
the American colonies. While the governors began with limited but yet<br />
extensive patronage powers, they were systematically stripped of them by<br />
royal prescription and, most importantly, by the alert and cont<strong>in</strong>u<strong>in</strong>g pressure<br />
'Bernard Bailyn, The Orig<strong>in</strong>s of American Politics (New York: Random House,<br />
l9fi8), pp. 28-2?.<br />
203