The native American., 1840-10-31

tackled but this is enough at present, for our
purpose. Power may be abused; but power
must still somewhere exist. Thus, there
must be the power to enact law, or there will
be no law. There must be the power to en-
force law, or law will be useless and Their e
must be the power 10 determine the consti-
nationality of law, or law may be usurpalion.
And again, there must be the power to ex-
plain the meaning of law, or else doubt and
uncertainty will forever exist upon this SUBJ
ject. Propositions so plan as these stand not
in need of any arguments to sustain them.
Hence under our Constitution we have three
departments in our Government, each con-
sistent with the other, and each independent
Of the other. Thus the Legislative enacts-
the Executive execu tes--and the Judiciary
judges and explains. II is with his last
branch Of our Government, that we have at
present to do; and it is upon this, and the
powers which belong to it, that we shall con-
tinue to offer our observations.
Legislation should be for human nature as
it is, and moi as the philantrophist might wish
it to be. 1--WE are conceived in iniquity, and
born in SIM" and if the majestic domes of
our own sacred edifces are the indications
Of our piety, on the one hand, are not the
|jails, the penitentiaries, the work houses,
and houses Of correction the proof on the
other, that this saying Of the royal Psalmist,
is the inspiration of truth? What then,
should be done under such circumstances, is
to legislate for human nature as il is, and not
as we would wish it to be. Too much re-
straint tends TO despotism. Too much indul-
gence begets anarchy. Each is an evil, and
each should be avoided. In the first, we may
see the desolation Of the pestience in the
second, the havoc of the whirdwind. In
the first, we may behold the silence Of death;
in the second, the confusion Of Hell. In the
first, we may behold the tyrant, solitary and
alone, issuing his mandate for the execution
Of some individual, innocent-nay, not even
charged with guilt; in the second, Robes
pierre, born Of the devil, with his myridoms
Of hell at his heels, with his republican mar
riages, and scaffolds streaming with blood.
In the first, the will of the tyrant is law
in the second, as the substitute Of this the
sway of the rabble, bent on plumber, and
eager for blood. The trainers of our cons,i-
tuition have wisely guarded against such
state of things as this; and il is especially in
the Judiciary department of our government,
that they have manifested the most consumate
wisdom, aud profound knowledge of human
nature. They knew, that in governments
like ours, the public will should be expressed,
and hence the Legislative branch of our gov
eminent. They knew too, that there should
be power to carry it into execution; and
hence also the execution: but they knew
moreover, that in the heart of political con-
tests, and fury Of the passions, the public
opinion might sometimes be wrong-might
sometimes even violate the constitution it.
self; and hence, likewise, the Judiciary.
Such is the character of our constitutions
noble fabric! and conceiving which every
friend of rational liberty will, in the language
ofan ancient father exclaim, .Esto perpetual
ON PRESCRIPTION.