The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-06-29
For the Ouawa Pres Trader.
ancient landmarks of Demo crRcy.

the present constitution, the powers Of each de-
partu.eut vt government seems 10 have been bet
ter Understood than the men Of that early time
could have been supposed To be capable, with
their want oi experiences and their unniet tbeo-
res in their adaptation to the undeye.opcd char
acter snd condition ofuur infant country, and there
has Since been apparent want Of discr'nrh-
ton Of the distinctive power, AMI duties which
are assigned and properly belong To each ,cpl-
rate department 10 The legislative department
elected fresh and frequent from tho people, be- .
long, the prerosatye and duty Of all enactmeuts
Of general and local statutes varying from time !
10 time AS occasion calls and circulu stances ,Gu,
Justify, and under the Institutions All II, rlaloi'
ui the constitution, together with the wholesome I
checks very properly vested in tbs chief 'yesu- .
tive, "a code Of laws Is TO be formed AL adopted
which. with the enlig htcnei usages Of modern
times the interests and welfare OfthI, uGoplt col
lcctyely and relatively is secured and conducted, /
avoiding on the one hand too great invocations
and on the other hand that change.-ss and ire (
yocable character peculiar to the ancient Aiedei
and Persians. To the executive department he
longs the contracting and treaty making powe';
and to whom Is also confdcd the intercourse aud
correspondence with foreign governments-the
duty Of communicating to the legislative depart
Eent all Information vi the state Of cur relations
etatcs as well rs the interests and subjects that
may call for legislative ac.on--also to command
the military and maratime power Of the country
but none of these powers are supreme. The leg
islative and Judicial departments hold mutual
checks upon AL these powers aud prcrcgatiVes.
To the judicial department is chiefly conid.d
with certain legal iniunctiurs and limitations the
administration oilaw and justice, while the strong
arm OF military and naval power is auxiliary 10
The executive department.
10 these functions and dutica, each department
y and should be striciy and legally confined, IN
order to u systematic and harmonious attainment
Of the objects contemplated and intended by the
fathers and founders If the sys:cm.
The legislative department may always Rdap.
it's action to every emergency for the protection
OF hfe, liberty and property either limited or IN.
limited IN time, and has the power to repeal and
revoke at pleasure = part or the whole Of any en-
actnien.; and any and every nc; of the legislative
department Is Of statutory character AMI can be
repealed by any subsequent and 60 ordinate au.
thority. THIS conclusion Is unavoidable from the
nature and necessity Of the case for II thG leg.
stature may repeal any &c: or part ol an act Why
not any other ~ well The organic law aud pro.
visions Of the constitution defines and limits their
powers 10 cnac: bat does not ami cannot limit
their power TO repeal what the may enact; ant
what a ranscend..nt and dangerous power Thrust
be for one Legislature to institute and pas; q law
prohibiting any subsequent legislature repcaln,
IT, Were thi, principle adopted when 4 sufficient
amount Of law OF which We have alrta Is s...
perabundancc, j. cnnctel, al legislative Assem-.
l!es nigh! be Ibo.ihod ana one Of the depart
ments Of government would become extinct. It
has been a distinguishing doc,rinc Of the demo
cratic party and policy, tina, acts If Incorporation
might be repealed, while il has been con,enled
that they were of the nature Of "a contract and
therefore ilreyo1sAe. But The legislative depart
ment cannot make contract This belongs *.
cluslve,y to the executive department, and they
can only authorize and direct; but IN executive
officer must perform The act; ami contract IS
imperfect ana worthless without parties TO s;ipu-
late and consideration, and " hat party can slip.
uiate with the legislative department, or offer ~
give considerations IL would be REGARDED as a
violation Of law an offence against tho dignity of
that body, AMI would be considered bribery. and
punishable oiic-re 10 approach the legislature
IN that altitude Neither can the judicial depart.
ment make contract, and any attempt To tipu-
late and give consideration TO judicial officer
would be base anl corrnpt bribery, and the poil,
cy OF the government has always been to reject
any court or jury who had or was suspected 70
have amy ln.ercs. in the case, much less con.
7
Judicial acts, bat only as h. act. in ministerial
capacity, can he be made liable. So in the legi,.
latye department, no representative or senator
shall be liable or questioned for hi' acts except
IN certain place. (See Constitution Of United
States, Art |, Sec 9.
II seems to be tho steady MIN NJ the founders
and The genius of this government to oonline the
departments to special trusts and duties and make
them free and unirameled in the discharge OF
their duties respectively. The judicial depart.
ment may, under various circumstances revise
and revoke former decisions not only Of inferior
courts but courts Of coordinate authority The
legislative department has, and must have the
power to modify or repeal any act OF its own pro
ductlon, viii here give quotation, verbatim
from Blnckstones Commentaries "a authority for
this doctrine In his analysis Of English law which
is regarded both in Europe and America as the
text book and fountain Of law--he saws in book
l. Chap Is, Sec. Corporations may be disso!y
ed
LIST, By net Of Parliament
Cd, BY the natural death Of all their members
so, ~ surrender Of their franchise
4th, BY forfeiture ofthcir charter
Here are i ways given by Blackstone for dis.
solving corporations created by the Legislative de-
partment The first is BY the power that created
them that is, the legislative department
The 2nd is by their natural death or tho act Of
God.
The Sd is by their own act or surrender.
The ith ia by forfeiture Of charter
This calls for judicial action
In the adoption OF the constitution which Is the
supreme law of the land and subiec, to no logs.
lativo modification or repeal, each state became
parties to n general compact and none Of them
were admitted to the union But all the states ad-