Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-06-05
From lie .hafioa4i Atcllgeascetr.
denomination Of The question &C In yphar- docs
frrle relia6fcanism consist 90
fcoxr1surD.1

toi tHc diterent ore am sation of the state po-
vernments, aud not less important than
those already taken, arising out Of the dis
ttr,bution OF powers among the several de-
partments, on which, it cannotsbe denied,
the harmony of most systems depends, and
with which too the rights OF the citizen
are directly conceded. 1t is admitted u
Universally as political axiom that a. con-
centralion OF all power in the hands of one
department of government necessarily
leads to the exercise of arbitrary power,
ana IS therefore dangerous to the preser-
Walton OF liberty. Thisprinciple is conse
quenuy, IN all the constitutions so far re-
speeted, as to have produced some divi-
Sons of the delegated powers !; but when
i we come to compare the respective i0yes
futures OF power, either as other degree
or the hands in which they are placed, we
shall End scarcely two states have applied
the principle alike /; and that ai,ho' there
lore, is a6sfracf traM be universally ad.
mHied, yet in its practical applications
there is no common Criterion by Which It
IS tested IL viii be particularly p=rcciv-
ed thattils executive power has been most
Diversity deposited tia. 10 some ;nstan-
ces It is placed in the Legislature, in others
IN the Chief magistrate, and in others in
an executive board.
II follows from these facts aud remarks
thai. at the period OF The formation OF the
several constitutions there existed among
The best republicans a great diversity Of
OPINION on almost every point connected
WITH The organisation ofour political in.
stilutions. The objects were undoubted-
ly The same; but the means adopted Cor
accomplishing them are so various, that
were rot for experience, we should be
aptlo think .lienostopposit effects would
have flowed from them. Experience has.
howeyeg instructed US differently. 1t has
shewn rs that Liberty NAV be preserved,
and the public happiness De promoted, if
not IN equal degrees, at least in degrees
not very different, by institutions whose
features are far from being similar.
/ Nor viii the periods at which the con-
sutuiions were formed, throw much light
on the subJect; asst will be seen BY an ex
animation OF them, that very few princi
pies have been universally adopted in those
The most recently framed, Notwithstanding
The light shed by the able, extensive and
animated discussions on the Federal Con
sutuuon. This ought not to excite our
suprise WREN we consider the nature OF
constitutions, that as ontradistinguished
rom laws, they are intended for long du-
ration, that they are Instituted, in high
1 degree, 10 guard against the instability of
popular opinion, or the excuses into
which, with no o,herrestraint than that of
the laws, it might hurry governments /:
and that to test their goodness, tits peces
1 ,RIt - r
Our surprise will be still less, when we
consider the progressive state ofour coun-
Try, which can scarcely be said to be the
same IN any two successive years, & whose
changes ia some measure require CORES.
pondent alterations in all our political in
( stitu.ions; and when We Gilrther consider
the INFLUENCE OF two powerf,l consideratj-
OBS on the operation OF {, gently firm.
cd constitutions; to wit: an enthusiasm
IN their favor that carries them, with the
tlds oil public opinion, through many diff.
/ hculues, which might otherwise ernbar.
rass or Illustrate their execution or. on
the othsr hand, the contrary Influence of
prejudice in favor of ancient es,ab,;sb.
ments united with the embarras,ments a
rising from an Inexperienced adninistra.
- - ~"tbS 10 tnese Causes, and 10
many Others which might be enumerated
mat however readily the minds Of men
may unite IN the admission of abstract
principles relative to forms of govern.
ment, they are slow in forming co1senta.
neous opinions on their best modes of an.
plioation.
Descending from constitutions to law 5,
we shall discover equal diversity or opini-
J on.
On the important subject Of taxation
the enlightened part Of mankind have long
been divided in sentiment, as to the reIa-
tive justice and expectancy of direa and
, indirect taxation; aud the controversy re-
mains unsettled to this day. Indeed theo-
r ry on tbs point appears TO be in most in
stances at war with praGtice. In reason.
ing, it is generally acknowledged that di-
reet Taxation is most Just; while in prac-
ltice, indirect taxation is adhered 20.
: With regard to the administration oI
criminal justice there exists the same yar;.
ance in the laws Of The different states
! and although the mild svste,n IF ,,,,,,;.t !.