The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-06-18
IEGIsLATIvE ENCRoACHMENTs.

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The government of the United States is not only a
government Of limited but distributive powers. 1t
designates those powers, and by whom they shall be
exercised. TO the legislative branch is confded the
law-making power; to the executive the execution
of the laws and to the Judicial the prerogative Of in
terpreting them. Within their respective spheres
they operate separately and distinctly, and one
has right to interfere with the other except in
tain cases prescribed by the constitution, which,
and which alone, mbodies within itself the only SOW
eregnty recognised in republican system if that
can be called sovereignty which is strictly limited
in the exercise of its powers by its provisions
Had the powers thus distributed to the different
branches of the government, had the making the in
depreciation and the execution of the laws, been
delegated to one alone, it is clear there could
have been, practically, distribution Of power,
and certainly no limitation to its exercise. That
to avoid this concentration of power was one
of the primary objects of those wise and virtuous
men who framed the constitution is evident from
the invaluable record Of their proceedings left by Mr.
Madison one of its principal authors. 1t will there be
seen with what watchful they sought to place In
superable barriers to the encroachments of one
branch Of government on the rights of the others,
and to draw distinct lines of separation between
them, SO that, while cooperating tremendously in
one great end, they might never become concen-
trated and destroy that balance of power which is
the best aud only security to the liberties of the
people.
When this constitution was presented to the peo-
pe-not the people Of the United States collective
ly, but those of the States individually -ther opn-
ions were by no means unanimous Some objected
to the executive some to the judicial powers, too
extensive while others were more apprehensive
that they not sufficiently great to guard against
the Entertainments Of the Legislative branch which,
emanating more Immediately from the people, would
most likely be strengthened by their confidence and
affection. Among the latter was Mr. Jefferson de-
servedly signalized by the democracy Of the United
States as the great apostle Of liberty. Commenting
on the constitution in letter to Mr.. Madison, dated
from Paris, where he then minister he says !:
'.The executive in orr government is not the sole,
1t is scarcely the principal object of my jealousy.
The tyranny Of the Legislature is the most formidable
dread at present and will be for many years That
of the executive will in IFS turn Mr.. Jeffer-
son was right in both cases, since nothing is more
certain, we believe, than that every attempt to ex-
tend the powers Of the legislative branch of the gov
eminent of the United States beyond its constitu
tional limits must inevitably in the end produce
action that viii greatly strengthen the others, most
especially the executive. In proportion the peo
pie lose their confidence in one, they will naturally
transfer tito the other and instead Of the legislative
look to the executive power for the protection Of
their rights and liberties.
Is not the period approaching-nay- has il not
already arrived-whsn the apprehensions of Mr.. JEFF
ferson about to be realized? Have we not seen,
and do we nst daily see, the legislative power grad
ually oyerstepping those organic laws directly
anating from the sovereignty of the people, and
whose object is to protect them FROM the licentious-
ness ofIegzlaton which would otherwise degenerate
into the mere exercise Of the viii Of the Legislators
Do we not see this power gradually throwing aside
all constitutional restraints the salutary letters
of the organic laval the authority Of the Judiciary,
and the powers of the President as the executor Of
those laws Nay, do VIC not see the Legislative
power in some of the most Important members of
the Union, interfering with the personal rights Of
citizens, the rights Of property the habits and MAJ
ners and the domestic relations, under pretence Of
reform and substituting coercye laws for moral re-