Jenks's Portland gazette., 1802-05-31
Prem d. Nevyerk E'eaias Pol.
GS erss1iAnisIt. ..ssssNo. XIV.

G5R GyemfBniolt. .sssssNo. XIV.
n j, generally uuderlsoi shat che Edsys
..1er the Title of the Fsderaliil, which we're
...srfh<d At New. York. while she plan Of our
S.'ltuf federal Conftitution was upder The son.
/. kxrvz,;on Of the people, were principallY wrie.
~hv rwo perfoass who had been members Of
4. copvention which devifed thar plan. and
'.solt names are fubfcribed TO the in!lru nent
.sn,;nirg it. In thefe EGayst the principles
s1v.pecd 10 the lai number of this Exsraiaa alton
q psrtieularly itated and ifrongly relied upon
! ddsuee Of the propofed Conilitution f,om
..k;rh i IS natsral inference that they had In
Y as..eed the views with which the plan was di
~.0ed. The full force Of this ob!ervation will
q beR perceived by recurrence to the wcrk
:klf: bat It will appear clearly enough from
!. a following detached paGages:-
aOne of the principal objections inculcated
- ~ more refpeaable adverfaries to the Con
Simripn, is its fuppofed violation Of the political
arm, that the Legislative, Executive, and
jxri.ry Departments ought to be fcparate and
anna" " No political ruth is certainly Of
Nxstrs ia:rnfic value, or is sRamped with the
Sxhority Of more enlightened patrons of liberty,
AN that on which the objection is founded
The accumulation of all power, Legislative,
/ = Esecu,ive, and Judiciary. in the fame hands,
uhtther OF ene,a few, or many whether hered.
NV, disappointed or elective, may juRly be
,ronooneed the very definition of tyranny,"t
! aNcther of the three Departments ought to
pO6sis directly or indirectly an overruliog in.
! Sssnee ever the Others. in the adminiltration
] 81 ,heir REFLECTIVE powers" s But the mott
\ 1s6cuh talk is to provide fsme practical fecur-
\ ~ for each sgaina the invsfien Of the others"
I Esperence aAures US thar the efficacy OF pareh
nrnt barriers has been greatly overrated, and
/ hat iome more adequate defence is isdipen-
4 fbly neceRsry for the more feeble againlt the
more powerful members of the government.
! The Legislative depart mem IS every where er-
1 ending the fphere Of its activity and drawing
\ ii power into its impetuous vortex" 6 In 4
| xpreItnta,ive republic, where the executive
slgiaracy is carefully limited both in The ex.
Id and the duration of its power and where
<e lepi0ative power is exerciied by an aGembly,
hith Is infpired by fuppofed influence over
z people with an intrepid confidence in its
Va aftngth which Is fnfici-ntly numerous
bseI all the paGions which aauate 4 multi.
q nde yet not 20 numerous as to be inc able
I sperfuiae the objects of its patiions, by means
xkich reafon prefcribes i1 agaisR f6e esfer-
tex smbitiss Of fbis department., that sbe people saght
Indulge all their Jjs0loyG and exbasR aHtbeir pre-
nkien5." Again, I" The tendency of repubi
sn governments, is TO an aggrandizement Of
tk Legislative at the exper-e of the other de.
prtments."
Tlefs paGages recognize as fundamental
na1im Of free government, that the three de-
p1tuents of power ought to be feparate and
daio6 ,<onfsquently that neither Of them
ought % Be able TO exercife either directly or
Indirectly. 40 overruliog influence over any
other. They slfc recognize as atruth, indieat-
eddy the nature Of the fyitem and verified BY
Experience, thar in Representative Republic,
Pie Legislative Department is the /" AARos's
Ron" mott likely TO fwallow up the ref, and
herfore to be guarded againR with particular
care and caution And they inculcate that
parchment barriers Tor the formal proviions OF
! aeouRiistiou deGenating the REFLECTIVE bounda-
nn Of authority having been found ineftedu
Y tor protecting the more feeble againR the
not powerful members of the government,
nne more adequate defence, fome practical fe.
aF'ty is nescedary. What this was intended
Dc will appear from fubiequent pa6ages.-
I 10 what ezpedient fall We FINALLY relort
y maintaining in praefice the necedary parti'
re OF power among the feveral Departments
hid down in he contribution !" AS all
Hsrior provifions are fonnd to be inadequate,
e defsa mua BE- fnpplied by g contriving the
eeror Rrraure of the government as that its
e'tszl continent departments may, BY their
1uual relation, be the means Of keeping each
sesr N their proper places."u
81 Thee paaages Intimate the " practical fecur-
y Which ought to be adopted for the preferva-
sea ct the weaker againa the aronger members
he Government. 1t is 70 to contive its in
:'or Rrstsure that the conaiiuent organs m ~
sels to keep each other in their proper places
'dea eGen,ially incompatible with that OF
.kns the exilence of one dependent on the
uu another. II viii be frea atterwards how
~s nruetnrc Is tr be 70 contrivej -
y order to lay a foundation for that fsParate
o'ltlna exercie Of the different powers OF
rFnment, which to certain extent is !aj
hmes Madifon, now Secretary OF State
- II g. ~A-ax k ~