Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-26

differences of interest among he differSn
states, and highly excited by ann.ma.eC
discussions upon great national oblec,:
Just preceding the calling the convention
the differences of habits, manners, and %.
Pinions amongst the people in dlfferen
parts of the Omitted States, &c sc. sc
IT Is wonderful, tha; a constitution fcupd
ed on spirit of mutua! concession SHOULD
De formed SO admirably calculated &c com
bioe and protect the interest of The whols
and at the same time so peculiarly adapt
ed to the peculiar character, genius ans
temper OF the American people.
| In addition to these and many more
difficulties the convention were without d
model for imitation. They had 10 solve
the new and difficult political Problems, oi
extracting from pre-eXisting state govern
tnents, ali powers of a general nature, and
OF leaving with them the exercise of all
powers of a local nature; and these pow.
ers, thus selected, were to be so modified
and adjusted as TO suit the high and jea-
lous temper of The American peop.o
Notwithstanding all these difficulties, i,
viii be found upon the most critical exam
ina,ion of the instrument, that whilst i,
contains sufficient energy completely to
effect the object of its institution, it affords
to innocence The most complete protection
againstthe expressions orgovernmeCt that
ever has been devised by any political in
slltuton. To effect this great object, il
was determined To- distribute these gene
raj powers amongst three great depar
menis, forming the government ofthe u
i
Judiciary Departments. MIR. O.. said this
adjustment had bee made with such con
summate wisdom and skin, that whenever
II had been made his duty TO examine the
arrangement, his reflections had always
resulted in new and encreased admiration
OF the excellency of its provisions. The
theory of three distinct departments in SO
yernment is perhaps not critically correct !;
and although IT is obvious that the trainers
oil our constitution proceeded upon this the.
DRY IN It's formation; yet in the practIcal
adjustment of the departments 10 each o.
ther il was found impossible 10 carry this
ihsory completely into effect. In The ma
ture OF things there can be- but two grea,
departments in government; he legisIa-
tive, whose duty it is to prescribe rules oil
conduct, or IN other wol DIS 10 make laws foo
the government of the people: The ex.
ecutve, 10 carry those laws into effec
But as from the imperlection Of language,
the meaning OF the laws is not definllively
understood; the judiciary department is
introduced 10 explain the meaning of The
laws prescribed by the legislature, to aid
the executive IN carrying those laws into
etfect--Hence it is obvious, that The lndic
airy is branch of the executive depart
ment, aad accor DINGHY, under the const.
luton, The Presid III appoints all judicial
officers. and except The Judges, ali oihe,
officers of the courts hold their Offices du
ring his pleasure.
Mr.. G.. observed it was not his intention
or wish TO lcgislate into the constitution one
scintilla of power not ntrinsically contain
ed in the instrument itself; nor by a weak
or timid exercise Of the powers it does in
trinsically contain to paradise or destroy its
energy, and thus to cOuHteract the great
objects of its institution-the common de-
fence and general welfare. IL will be OBJ
served, said Mr.. G. that he did not use
these terms as confering Oh the government
any power whatever but merely as the
ends for which the specified powers were
conferred; nor did he propose to disturb
the distribution of the powers amongst the
several departments OF the government
He had made these remarks TO rescue the
constitution from certain absurdites, which
had been attributed to it, by the applica-
ton of certain generic and technical phra-
ses in the Interpretation o. it, instead Of
Examining its own intrinsic organization.
For instance, superficial observers take IL
for granted, that the three great depart
ments of the government are coordinate
and independent Of each other. II is to
be observed, that the woods - co-oi dinate,
independent" are not TO be found in any
part of the constitution. They arc borrow
ed from the technical phraseniogy OF an
other country; and do not apply C. the con-
| stitution of the u. 5. az least not without
great limitation II by the word co ordi-
nate is mennt that the judiciary department
is equal III dignity, co-ord0, 1t is admitted.
If it be meant in point Of time, co ordo, it
is not the fact The Legislative depart
ment pre-existed the judiciary department.
for according to the constitution the cstab-
lishment OF the Judiciary department was
entrusted to the legislative department
and of course that department must neces-
sarily prc-exist the department to be estab-
lished by it and the fact is well known tc
be so. With respect TO the word " Indepen.
dent" as applicable to the judiciary, it 3,
not correct, nor justified by the coustitu.
ton. This term is borrowed from G.. Bri.
tain. and by some incorrect apprehensior
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