Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-11-28

but involving, In high degree, the fate OF the Rs
public do believe IL question. involving. in
high deysee, the success Of system Of
The ohjeessod the election Of the Executive by TN,
General Assembly IL founded the idea that you
thereby ccne~strs~ al, tho powers Of govern en-, IN
that bocy. uniting in enc branch not only the Lseisa
tive power but control over the other two brsncbs.
snd thus bringing all The three in effect into one Th,
tue objection. Let us examine IL. admit inc q, f,i-
iy that the unqualified concurrence Of the three yrs a,
powers u government in body, especially IL n on.
per on, gives the character OF dsspo,i,m II these
power. meet IN monarch. who Is hereditary and res.
Poostble 10 nobody, that monarch is d-.pof and the
people are his slAves But there 10 another aspect Of
the subject. .t
IL these three powers united In General Assem-.
oily OF the people as In tho ancient republics though
the government 10 despo.ic vet the
are sqa,,y iAts', and even worse than In the other
All h'nSs are soon thrown into confusionj there
no security Tor property any ihnK ess. Life Il.
sell Is not SAFE Some popular leader gets the control
.aa .osn makes himself depot, In either Of these
instances the concurrence OF the three powers produces
despoism. But you pass the power from IN.
people TO their Representatives tho matter is changed
The people control all their NOV ems nts The people
have compete check upon them, II they are only r.
to themselves. Intelligent and virtuos Con,kier the
operation on the Legislative body. supposing the
whole power 10 be In IT, That power Is liable abuse
and has been abased there no doubt. But sill there
Is check although the whole power OF government be
In one body But II there be a regular Constitution
aud the three branches Of be separated and
limit 10 prescribed to the legislative branch and IL,
power clearly defined; and Il, In like manner limit.
are set to the Executive Department., aud its power
also dehned; and the with respect 10 the Jndcil
ry the powers OF all being distinct and clearly
though the election Of Governor (for now conin,
myself to haD be by the General Assembly, IL cannot
oe satd mat the three powers
In that body There is separation Of them. How can
they sncroach ZACH other! How can tn, Cove rnor
interfere with the power OF the legislature! the Lee
gisature with the Executive! Common sense its If Il,
sure barrier The difference OF their duties that Of
The one being to make the laws and that Of the o.her
70 execute them, 10 marked and obvious that thew
cannot bo mistaken. The duties Of tha Judiciary .rs
still more distinct, aud its limits clearly and nor.
easily defined 1t !. the Executive and Lex isi,tve
powers, If any, which are likely TO interfere Nh.
Constitution be well drawn, sse no danger on thai
score The Judiciary will be independent f they hold
their OH ,e during good behaviour. They ought 10 be
maintained go aud should have power to declare anv
law which is contrary to the Constitution. Thi, i,
my opinion The danger is in the Legislative branch
should he glad to see check upon it in the Execu
tive, as well as in the Judiciary.
Inc success OF our system OF Government dcpenJ.
upon It's organic ation, the distribution of mower he
,~een inc diferent hrarches. and on keeping each
orancn independent OF the others. Power know NAV
be abused: that the Legislature may Influence the Ga.
vernon, l cannot doubt A Ie ,dng man in IN. Ie.;,
EUR, VINO can contribute greatly to his reelection
likely 10 ave some weight with him, and that he NAV
turn that weigh, TO his account in an impron.r
inanner,is probable. II il incident to the ra,y of
human nre. The check is in the Intelligence Of IN.
people and in the circulation by the press of the
ceed,ng' OF public bodies. The people are the great
check upon all o.
Now let us look TO the ions which ex;., ~ n.
election OF Governor by the people From mv
own experience and reflection, have learned IL
"hen me appeal Is made to the people, the most est
mabe men will be sought out. In the dchargs of NV
onc,s' dulles, have traveTsed my country from north
10 soulh. and from east 10 west. am acquainted with
me whole oil It. know that the people enghtcned
themselves, and disposed select the most en-
hgh'ened men as their representatives. I view nv
fon the East aud from the West from,
,he worm and from tho South with the same conf
urhce ana attachments; and consider them a, portion
OF the human race moro capable Of self COVE unen,
than any oher in the world. When the question h,
Tor giving the election to the people, th.y have nv
he natu eoffh A.
are qnaIiRed tor such office. But fros, their s,
auoh, they can hardly ever be acquainted with the
rear merits OF the candidates They cannot confer 10.
gether to any great extent they hold no general
meeting where the matter may be discussed, nor can
thew get impartial information -"
They may hold meeting. Tor local PURPOSES bu, ,hix
10 all that they do: Great caucus.es are torrcJ
VINO make ihs nominations and into whose hands IN,
body OF the people fall. II il by their agency anJ
unner ihe'f influences that the Governor J., elected
lie Then looks to his fiends and they in return look
70 him and thus the country is divided into two parii.
on the worst AMI mot dangerous Of principles Those
VINO voted Tor the candidate consider themselves as COM
Proniued bound TO support all his
ey may be; and he in like manner feels bound to sun
port uein such Is human nature, and such are the
passions oi men, proved by their conduct in all 90
vernnenis In all ages, and on which found these re-
marks by this means, the independence of the people
weakened While their elective power is confined 10
tne choice OF Senators and Delegates and Members of
congress, hey are fully competent TO the trust They
can perform their duty with rfcct They have
personal knowledge of the men, and will choose those
bestquaod for the trust no consequence will foI
low That can operate to the injury of the State AT
large But when you extend this TO the Chief Mopi,
rate who has great power in the government the re-
AS to the power tho Chief Magistrate ought TO possess,
1t is another question. Whether he ought to have the
power oil appointment Is matter that turns on oh.r
considerations. BE his election by whom il NAV nv
opinion U.s. that he should hold his Office for ono term
only. Then he is made independent He serves his
one Term and retires No selfish motives can Operate
upon him. Pe
III we look to history this subject VIC see the de-
nonstration that the you connect the psope with
Wc Executive and the greater YOU make his mower the
greateris the danger TO Republican government what
ovcrhrew The ancient republics? Go to Rome and
what do you mad there Was il not their own coasuls
wnon .hey themselves had chosen that overthrow the
berries OF tho State? Marius and SyIia Pompey and
C@sar' ui Cesar made himself despot, IT was the
people who elected him. and they stuck 10 him and IN
own destruction. The republic broken up into mar
es' their contentious were pushed TO extremes and ru
n was the consequence. Self government depends for
IT'S success on keeping the people in state of caImncs,
Inc less you give them todo in
privilege. the safsr the will be- Embark 1i-,n in IN,
ION OF Chief Magistrate, and YOU agate al ono.
'he whoie slate, from which drend upfavorabte con,
s-qurnces The whole sy.ts turns upon the Gle ,;on
OF ihe representatives. TO the Legislature and TO which
heY are fully competent.
have thought il proper 10 state ,rv v;.r~. -,
mar mere are strong arguments both for aud agsn.,
each plan, but my idea is, that the more Won confn
tue people within the limit stated the saIer will the 49,,
vernment be- III they confined 10 the election of
beir representatives. they will sustain their dignv
shh heIr judgment will b. enlightened by the com,.
uon OF the candidates. whose mutual riy,Irv will =,
pose heir errors TO pubic view on tI,i. tia, th
security OF the whole system turns NY opinion l., ,h,
ne L'gislature supplies the place Of the people a,
representative body: they occupy that ground which
VIZ Psop'e themselves would occupy. II the Jcei.la