The native American. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1840, 1840-11-14
By order.
ON THE JUDICIARY.
[coNTINuED.1

In treating on this important depa1.tm mt
of our Government, it will be necessa nv, in
order to enable US to arrive at correct onclu-
sions, to take a review of the Cover nment
itself In doiac this, we shall have of course
to travel over much ground which has already
been often beaten, and we shall mt ,reover
have to repeat what has been frequent ty said;
but this is unavoidable; and although hat we
shall say will be familiar to most Of OF If read
ers, to others it will not have this CHI; ,racter;
and TO them it will impart information which
is both new and valuable. The fact is, that
the Constitution Of the United States is an
instrument about which we talk a gre; It deal,
and yet there are hundreds, aye, thou sands,
of our citizens, who have never even seen it;
and this we regard as a serious evil since
the two main props of our Republican inst-
tutions are the intelligence and virtue of the
people; and where either is wanting, the Re-
public is on the verge of destruction Where
the first is wanting, the people are exposed
to the articles of the cunning and the decla-
nation of the sophist; and where the second
is absent, they are utterly unfit to govern
themselves, and must, from sheer necessity.
fall into the arms of a despot. But, to pro-
coed 10 the subject under consideration:
Our Government composed of three de
partments, presents a similitude in this re-
spect to the Constitution of England: for, as
in that they have their King, Lords, and
Commons--so in ours, we have the Legisla,
tive, the Executive, and the Judiciary. In
the first, resides the power of originating the
law; in the second, that of executing the law;
and in the third, the power of determi, ling on
the constitutionality of the law, and ex pound
ing its meaning. These three depar tments
are separate and independent of each other
Thus, if the Legislative pass no law there
will be none of course for the Execu tive &c
execute. If there were no Executive there
would be no power TO execute the law :; ant
if there were no Judiciary to determi ne OF
the constitutionality of the law, the L, ,gisla
ture might most palpably violate Constit nton
and daringly trampe upon our rights , ant
there would be no redress, except to rms
Most wisely, then, have the trainers of oul
Constitution guarded against these contin gen
cies, in the construction of this instrum ent
and thus saved us from those intestine ON.
motions and civil wars which were SO c. ON
mon to the Democracies Of oden times; for,
as things stand with us, there can scare ely
arrive an occasion which would render an
appeal to arms necessary. 1t is true that the
Legislature might in high party times, ass
an act which most papably violated both the
letter and the spirit of our Constitution, and
il might be that the Executive would be C or
rupt enough to sanction it; but beyond thu 'se
we have another department which is TO p: ass
its sentence upon this act-and this is the
Judiciary; and in this might, and in all p ro-
liability would, be found our shield and pro
lection against! the lawlcss usurpation and
corruption Of the Executive and Legislative
departments of the Government. We say
in all probability, because by the Consaitu
ton the Judiciary is Independent, and there
fore has no motive to step aside from its duty,
or minister to the corruption Of either the
: party in power, or the passions and pre- dju
''dices Of the people. Such is our form, Of