M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-03-05


"The Judicial power shall be YES
ted in one supreme Court" &e. Con
stitution of the United States. t
Each department is not only distinct
from but independent OF the other.
lkncw that there is an attempt at
criticism on this point, on the ground
that the word "alp is used in the
grant Of Legislative power, and the
word "ths" in that OF the Executive
power. The same article "fhe" is
used in the grant of judicial power.
But will any lawyer say that "the"
Judicial power does not include tie
lohOle OF the Judicial powerl When
the Constitution nrovides, in the arN.
Gle containing the grant of Legislative
power, that the writ OF habeaS corpus
shall only be suspended in certain
exigencies, and when the writ is pro,
vided for by legislation only, and
when all Legislative power is given
to Congress, how can the President,
as portion OF the Executive power,
perform a Legislative actl II it can
be shown that any Executive power
is given by the Constitution to any
other than the Executive; or any
Legislative power is given to any
other than the Legislature; or any
Judicial power given to any other
than the Judiciary, then will yield
the argument; but until that insist
that each department has a full grant,
and that such grant is exclusive Of the
others.
We have. then, three departments
in our Government, designed to be
distinct, one from the other, and nc
one Of these departments has the
right to exercise any of the powers
belonging to either of the others. 0
all these, the Executive power is tina
which most needs to be jealousy
watched. The Legislature has only
power to make laws-it can not seI
to their enforcement or decide upel
their constitutionality. Here in thil
House, our power as a Legislature
ends. We, as Legislators, can dc
nothing outside this Chamber. Wher
we have sent forth law, We have nc
further part in its enforcement, In
like manner, the Supreme Court may
render Judgment, but it can not exc
cute it, Its execution belongs to the
other branch of the Government. The
history Of the world proves that it ie
tFe Executive power wich generally
stretches its attributes and destroys ol
controls the Legislative and JudicIa
because it is the nature Of power tc
develop itself, and necessarily thai
branch OF the Government, which
executes its DEGREES and appoints the
persons to do 50, in its exercise. All
the revenues Of Government and the
sword Of magiStracy center here ;
hence this power is the one which
ordinarily swallows the others. We
all know the history OF the Tribunes
Of the People, and the transition Of
governmental functions into the hands
Of a single dictator of the Consuls Of
France, after the revolution OF 1889,
terminating in the despotism Of thc
First Napoleon; Of the Third Napol
con, who, after swearing to uphold
the Democractic Republic, becamt
Emperor, and is now the most abso
lutte monarch in Europe.
The Fedearl Government, whose
powers are derived from the States,
which powers, at the adoption Of the
Constitution, were regarded as very
limited, is now attempting to exercise
unlimited and arbitrary powers
powers, which, bnt a few years ago,
were not claimed for it by any party
OF person. Let us beware lest the
next step downward, if we submit
now, should entail upon us dictator
under the title of abraham the First
"a result already foreshadowed by
his leader in the House Of Represen.
tatives. Mr.. Stevens, who, by vir.
tue oi his position as Chairman of the
Committee Of Ways and Means, holds
the purse strings of the nation, mas
declared that we have the right to
make q dictator, under the war power
"a power that has been invoked here
several times during the last ten davs
His language is this: iii any IN
forseen emergency should arise, en-
dangering the existence of the Repub.
lie, the section of the Constitution
which says that the President shall
take care that the laws be faithfully
executed, creates him as much dicta
tor, for the time being, as decree Of
the Roman Senate made Consul
dictator. But when Congress Assem-
bed they would have the same full
powers. II no other means were left
to save the Republic from destruction
] believe We have power under the
Constitution, and according 10 its