M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-05-07

Us 10 Ienuer lhls lteaSule eXpedlent: tor q
is The pariiImeHt only, or ISislutvs povsr,
that, whenever il sees proper, can autho, ize
the crown, by suspending tie habea, cornus
act Tor short aud limited time, to inprison
suspected pfrsnns without, living any reason
Tor so doing as the s. nate of Rome was
wont To hive recourse to dicta or. Il may.
slrate OF absolute authority, wh'n the,
judg'd he republic in any imminant dan.
ger"
The great authority Of BLACKSTONE
makes it very clear, in my opinion
that if this power OF suspension, like
the right OF the writ itself, was de.
pendent upon the adoption Of the
common law merely, it would exist
exclusively in the Legislative depart
ment OF the government, where, in
deed, it naturally belongs, according
TO the true spirit as we'll as the great
object OF free institutions. The prop
Osition, then, turns upon the question:
whether the Constitution changes the
depository of this power-and this
brings nS to a construction OF the Con
Stitution itself That you may have
u proper unders tanding OF the qncs
ton, it is lot improper Tor me to say
that there are three great depart.
ments in all constitutional govern
ments. Tho first is the Legislative
department, Or the power to make and
suspend laws the second is the Ex
ecutive department, or the power to
execute the laws and, the third il
the Jullcial department, or the power
to interpre, the laws. 1t is a urivar
sal axiom, laid down by all the Lead
ing public:srs, that it Is essential IL
all governments deriving their jus,
power and authority from written
constitutions, that these three greu'
departments, in which are Deposited
the sovereign powers Of the nation.
should be kept as separate AMI dis
tInct irom each other, rs though walls
of alamAut were built MP between
thrm, The calculated Baron Mon
TEsQuIEU, in the reign Of ono OF the
must absolute kings Of France, thus
states tho prnciple, as applied even
to II mohsrchy:
"ru preyent tue nbJ-e o( power, 't.s rec.
esslry that BY ,ar 'e:y lisp si!ion VI ,hlags
power should he checc 10 power. A gov.
ernn enl u y lie 81 constituted, as no man
shall be compelled To do ,lings to whl,L thp
Law does not OJ!Ig; h, m, r force to ab.
stain hom thing, which the law permits
In every government lhere are three sort:
Of powrl: tn, legislative; the executive iu
res l,e to thing depend NJ OF the law @
nations; aud III; execulIre in reg grl 10 thing
thrt deprnl on iht civil law.
"By virtue O the Il 81, the prime, or Inar.
isIrat' enuct' tempuriry Or perpetual law =
AMI amends or abrIgates those that have
already been enacted. By the second, he
makes pence ur war, sends or receives EN-.
has les, establishes the public security, an
provides against invdsiuu. liy the third. he
punisdps crimes or determines the dispute.
that arise between individuals. The latte
We shall call the judiciary power, AMI the
other simply the executive power Of lIt
Staie.
The political liberty Of the subject is q
tranquility Of mint arising from the opinion
each person has Of his saf.ty. In ordcr lc
hlye MS liberty, is requisite the govern,
ment be 81 constituted as one man need no
be afraid Of another.
when the legislative and executive pow
erS ATE united in the same p4Ison, or ia tht
same body Of magislracy, lh4re can be lher
10 liberty; because apprehensions may arise
lest The same monarch or senate should Gnacl
tyrannical laws, ~ erscHie them in u lyrdn
uical mannet.
Again there is no liberty If the pous,
| Of jufging b: no! separated from ne ! eg
is'a.tre and Gr:cuttOe rowarS. Were i
joined with thA legislative, ihe lie and lib
eriy of the subject wodId be exposed t. arJ
trary control, lor the ju ge would he thei
the legislator. Were it joined to the exsr.
utive power, the JUG: Nigh! behave witt al
the viO'eace Of an oppres,Or.
miserable indeed would be the case, were
the same man, or the sIma holy whsthsr OF
tht mobiles or Of The people, to exercise thost
three powers that OF endGting laws. tia; OI
executing the pubic resolutions, and that o.
Judging the :rImss or differences uf iadiyiG
ua.s"
Mr. MADISON, in the 47th numbc.
of the FeGeralist, says: No political
truth is certainly OF more intrinsic
value, or il s,ampe! with the authori
ty OF more enlightened patrons OF lib
erty, than tie maxim, that the lugs-
Iatvc, executive, and Judiciary de-
partments onght to he separate aud
distinct. The accnnIu.
lation Of all powers, legislative, exec
ntive, AMI judiciary, in tito same
hands, whether ofone, a few, or many
AMI whothcr hereditary, scli appoint
cd, ar elective, may justly be pro
nonnced the ve'y d,Jinition of tyr
0nny." GEORGE WAsuINoroN was
the Pr silunt ol the Convention which
ramvd the Federal Constitution. In
thit solemn political last will anL
testament, which he gavo to the
American people AS his Fir!weli AL
dress, we find the follOSiDg passage.
replete with poIiticaI 5agac,ty and
State wisdom:
al is important, .ikewisr, that the habits