an any other, though such number be less than a
majority of all the votes given. Suppose, for example, three candidates
receive 1000 votes: One receives 450; another, 300; the third, 250
votes. The first, having the highest number, though not a majority, is
elected. In the New England, or eastern states, a _majority_, that is,
more than one-half of all the votes given, is necessary to the election
of many of the higher officers. The least number of votes out of 1000,
by which a person can be elected by this rule, is 501.

Sec.12. Either of these modes is liable to objection. When a simple
plurality effects an election, 1,000 votes may be so divided upon three
candidates as to elect one by 334 votes; or of four candidates, one may
be elected by 251 votes, and against the wishes of nearly three-fourths
of the electors. An objection to the other mode is, that if no person
receives a majority of all the votes, another election must be held.
Numerous trials have, in some instances, been necessary to effect a
choice; and the people of a district have remained for a time without a
representative in the state or national legislature.

Chapter VIII.

Division of the Powers of Government.

Sec.1. Having shown the nature of a constitution and the manner in which it
is made and adopted, it will next be shown how the powers of government
under a state constitution are divided. As the excellence of a form of
government consists much in a proper separation and distribution of
power, this subject deserves special attention.

Sec.2. We notice first the separation of the political and civil powers.
The words _political_ and _civil_ are often used as having the same
meaning. Thus, speaking of the system of government and laws of a
country, we use the general term, "political institutions," or "civil
institutions;" either of which is deemed correct. But these words have
also a particular signification, as has already been shown in the
distinction made in preceding chapters between political rights and
civil rights, and between the political law and the municipal or civil
laws. (Chap. II, and III.) Hence it appears, that what we mean by
political power is the power exercised by the people in their political
capacity, in adopting their constitution and electing the officers of
the government; and that, by the civil power is meant the power
exercised by these officers in administering the government.

Sec.3. In an absolute gov