The council of religion and learning inspects the universities and clergy. That of trade inspects everything that may affect commerce. That of laws inspects all the abuses of laws by the inferior magistrates, and examines what improvements may be made of the municipal law. That of war inspects the militia and its discipline, magazines, stores, etc., and when the republic is in war, examines into the proper orders for generals. The council of admiralty has the same power with regard to the navy, together with the nomination of the captains and all inferior officers.
None of these councils can give orders themselves, except where they receive such powers from the senate. In other cases, they must communicate everything to the senate.
When the senate is under adjournment, any of the councils may assemble it before the day appointed for its meeting.
Besides these councils or courts, there is another called the court of competitors, which is thus constituted:—If any candidates for the office of senator have more votes than a third of the representatives, that candidate who has most votes next to the senator elected, becomes incapable for one year of all public offices, even of being a magistrate or representative; but he takes his seat in the court of competitors. Here then is a court which may sometimes consist of a hundred members, sometimes have no members at all, and by that means be for a year abolished. {p220}
The court of competitors has no power in the commonwealth. It has only the inspection of the public accounts and the accusing any man before the senate. If the senate acquit him, the court of competitors may, if they please, appeal to the people, either magistrates or representatives. Upon that appeal the magistrates or representatives meet at the day appointed by the court of competitors, and choose in each county three persons, from which number every senator is excluded. These to the number of three hundred meet in the capital, and bring the person accused to a new trial.
The court of competitors may propose any law to the senate, and if refused, may appeal to the people—that is to the magistrates or representatives, who examine it in their counties. Every senator who is thrown out of the senate by a vote of the court, takes his seat in the court of competitors.
The senate possesses all the judicative authority of the House of Lords—that is, all the appeals from the inferior courts. It likewise nominates the Lord Chancellor and all the officers of the law.
Every county is a kind of republic within itself, and the representatives may make county-laws, which have no authority until three months after they are voted. A copy of the law is sent to the senate and to every other county. The senate or any single county may at any time annul any law of another county.
The representatives have all the authority of the British justices of peace in trials, commitments, etc.
The magistrates have the nomination of all the officers of the revenue in each county. All causes with regard to the revenue are appealed ultimately to the magistrates. They pass the accounts of all the officers, but must have all their own accounts examined and passed at the end of the year by the representatives.