The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-05-28

f > rated iIHTn lhf itEi9iddhf 81"
Her. = To tire legislature is.eaniiued
the power al baking the laws to thu *
.ru,lv, the power Il enforcing the laNa
aud tc lhe judiciary the power at jug 'g
aud exponndng the lawsf The maxim
tia. these departments should te separate
and d.stincs, IS predicated on the pfiac'fie
thar free government should he System
ore6ec,.s and baIancet. The wi Jom aud
Iprac..cel et,ty of tins maxim Is manifest II
we for Il momeat examine It's Application. u
the legislature should at any time enact IN
Oppressive or tprannicdl iaw, tie judges BE-
lug independent s. distinct from the legIsia
ture, would pronounce II unconstitutional,
= .al the executive actlsg separately and
independent Of both, would refuge 70 en-
force it. How far the literal construction
uf the maxim above cited, is susceptible OF
practical application in government like
ours. the limit, of communication Of this
nature, will not permit US to inquire an able
commentary written by two distinguished
statesmen Of our couutry,t has given it
considerable notifications but we will
/ briefly examine whether lis principles ha'e
/ been sufficiently recognised IN the present
constitution Of Virginia. Tee constitution
provides that the three departments shall.
" IL separate and distinct, so that neither
exercise the powers properly belonging
" to the other nor shall any person eXer
=" Csc the powers of record than one of
them at the same time, except the JUST
ces of the county courts shall be eligible
To either house Ok the assembly, And
how are these three departments formed;
The representatives. IN both the upper and
lower houses are elected by all the good
citizens IN the commonwealth whose quail
fcations are attestcd by the possession Of
fifty acres of land lying in the county IN
which they vote. BY Joint ballot OF the
senate aud house Of representatives, the
governor is choscn, and the executive conn-
ell formed. The same body (the legisIa-
ti,e) creates the Judges of the supreme
| court of appeals, aud general court, Judges
~ chancrry, Judges Of Admiralty, secretary
and the attorney general Thus il appears
that all the departments, with the function
arles appertaining &c each, are the creatures
of thu legislature, chosen by, and complete
y dependent upon IT, This combination
Of al the powers in the Legislative depart
ment, and Indirectly exercised by the
SAM aads, Is not consistent with repuhl-
can principles, bat bears a strong resem
blancr to what the politicians of England
would call tyranny or Gespotsm.4 In
tracing tae caain Of influence and connrc
ton, we find the magistrates shprfls and
caroncre are all embraced in the same cir
Gle. They are recommended by the county
courts, approved and commissioner by the
governor, with the advice of the executive
council. BY our constitution and laws the
sheriff Is an officer 10 whom Is committed
| highly responsible aud important duties
These duties are nor performed by the she
riii in person, but his office is general,
| flrmed out to the highest bidder, by which
| a transfer is made of this important Office,
with all It's concomitant powers, trusts, in
iluencc and responsibilities, aud vested in,
aud exercised by, Cgltiy. With these
advantages, the deputy IS commander in
| chief of very considerable forces, composed
Of tho common people of the country,
! whose laborious and honest pursuits leave
! them nut little time to become acquainted
with the laws of the state, much less 10
| investigate the labyrinth of political science.
To these honest people the deputy sheritfs
act IN the double capacity of counsellOrs at
! law, and political instructors. To the de-
! putty shclIfs is committed tie management
of elections, the making out the returns,
and granting certificates 10 those who are
elected To compose the legislative body i
With these advantages, connected with a
variety e'otheFs incident 70 the office, II IS
easy to conceiee the immense power and
influence concentrated IN this subordinate
department, winch, when Its relation aud
dependence ON the legislative branches are
CONSIDERED, must operate as powerful
auxiliary IN rec"ncllinE and promoting any
measure of policy, however injurious to the
great body Of the people. Though actual