The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-05
from THE AMERICAN CITIZEN.
Of e04Ri'utious. governmrufs, and Charters.

C.
The people of Fsnnfylvania arr, ~ tE;s .;ra
earnett'y occupied on the fnbieet o. calling 4
convection 70 reyiir their Gate contribution. ana
there can be but h.le doubt tia, reyil;on Is
nscefiary. Il is contribution, they fay, fer The.
emoument of lawyers.
IT has happened that The contributions Of al
the :tateS were formed before any experience
had been had, or conld be had, on he reDre,
tentative fytera OF government and il won,t
be y miracle in humsn affairs that mere theory
without experience ihoud fart into prrfeiG ior
at once. The contribution of New York was
formed 70 e7'!v as the year III. The Ci,h;-ct
that occupied and engroacd the mind of thu
pubic At & at rims was the revolutionary WY
aT'', the etsb"ah.nsns of independence, and -
order 10 give efed to The declaration of indie
pendence b. Congrefs it was uecei1arv that tie
itates itverai:v f'ould make a pratt al heein-
n,ng ny efabiihing rate contributions. and truR
10 tune and experience for improvement The
general defect in all the contributions is thai
they are modelled too mach aft ter the fyten. II
1t can be called fyfern, OF the Ensliili govern
mcnt, which in practice is the NOR corrgrt
fyttem in exltence, for it is corruption fynen,a-
tiled.
An idea alto generally prevailed at that time
OF keeping, what were called, the leg;rativ-'
tie executive, and the judiciary powers diRint1'
and feparated from eso other. But this ide :,
whether correct or not, is always contr,:,iar
IN practice for where the conien. OF 4 poverr-
or, or executive, is required 10 an a6 bcfor. il
can become law, where he can by his mega
tive prevent an act Of the legislature becoming =
law, ne is efs6tually part OF the legislature and
poneNes fail pne half of the power of who!.
legislature.
In this Rate fNew-York) this power is venc,
IN IA ieIett body of men competed Of the execn.
tive, by which is to Be underftooa The. governor
the chancellor, and the judges, ard called the
council of revifon. This is certainly hetf,,.
than yeiting that power in an individual. IF il !,
neceiiary to nvef it any where. But it is d..
rect contradiction tn the maxim let M. tbat
thoie powers ought to be kent f.parafe: for
mere the executive and the ind;ciary are united
INTO one power acting ltgiiat;oeiy.
When we fee maxins that fail in praSlcc. we
ought to go to the root and examine. Il the r,,y-
I'm be true. Now it does not fgrify how ma
ny nominal divi6ons, and f!hdfvifonf. and c,,r
fhcations we make, for the flti &c, .be,, are h..
fHvo powers in aar goVeyn5leAf. TIE bozye,. er
quilting ar eaq3iAg Tie iazVJ, ard l6i bo7v,, M
executing them; for what is called the jsagi.;,,y
is a branch of executive power; it executes 81.
laws; and what is called the evcep!i.e is 4 H.
perlntending power to Zee that tie laws are ez-
ecutcd.
Errors in theory are, f1oner or later, accom-.
1"''NN WIN NiIOIS w lIdNtiCts ana his IeaNg
me to another part Of the fiiI ieG, that of cont
dering connitution and government rclfiy.-
ly to each other.
a contribution is the al Of tte pec2le in n,4;,
original character of fovcrei2niy. 4 r,ove,p-
ment is the creature Of a contribution; il * pro-
duced and brought into exihence by Il. a con-
fituion defines and limits the powers of tive
government it creates. 1T therefore follows. ..
natural and alto a logical refIlt, that the ra-
yernmental excFciie az any power not authorized
by the contribution, is an ailumed power, and
therefore illegal.
GThcre is no article in the contribution Of tbis
rae, nor Of any Of the Hates, that inyefs thc
goverhment in whole or IL part with the power
| ut granting charters or nouopolies IF arv kind.
The ipr'f Of the times was then aga'"a all f,lch
ipeculdtions; and therefore the anumins 10
grant them is unconstitutional, and when obtain
ca by bribery and corruption is criminal. II is
ALTO contrary to the intention and principle Of
annual elections. Legislatures are elected ar
nnaliy not only for the pureofe of giving the
people, ~ their elective charaSte., The oDpcr,u.
nifty of fhe~ing their 1pproration Of bof, who
have acted right hy re-ectains, them, and rel e.
! re thoic who have acted wrong: Int ALTO for
he rurpoft of correcting the wrong where on.
Wy wrong 'a3 tcc1 lc.e, os . former legi1ature