Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-12-13
MIR. Trumbull's Bill.

If there be any one principle establish
ed by our fathers, and which has been con-
tirmed by nearly century's experience, it
is that the Legislative Executive and Judi
cial Departments of Government shall be
kept distinct and separate The trainers OF
the State Constitutions, which, it will be re-
membered wcrea all adopted defo1'e that ofthe
United States, were most careful to engraft in
those instruments this cardinal doctrine: All
history had taught them that power com
mitted to one hand would be abused--to
divide power among several depositaries
was to furnish a great safeguard against
that abuse. It is true, our forefathers were
without precedent, i'll framing their systems
of government, and they were therefore com
PEELED to draw on their own minds; on their
knowledge of mankind, to provide against
the evils which are inevitable in all human
institutions, and it has been to the world
matter of astonishment that they should
have succeeded so we'll as they have done
In the language Of one of our greatest
statesmen, in attempting to accountforthis
success, sit was the instinct Of Liberty "
which guided them. And if this was true
of the trainers of our State Constitutions,
how much more true does it seem when we
examine the provisions of the Constitution
of the United States. There we see the
"Conscript Fathers of America, eXerting
their ut most efforts to provide every secu-
rity against the possible abuse Of power,
and foremost among these is this great,
this Catholic, canon of liberty, that
the Legislative, Executive and Judi
cial powers shall be kept forever
distinct and separate. Several of the first
minds in the convention of17S7 seemed to
apprehend most danger from the legisla-
tive Experimentation were apprehensive
of the Executive, and none, or very few, of
the Judicial. Subsequent experience has
ticipations in respect to the Executive the
patronage of that department has unfortu-
nately furnished too many instances of the
abuse of power but even this exercise of
power was not INDUCED, until the execra-
BILE doctrine was openly avowed by con-
spicions party leader, that to the victors
belong the spoils"
The last few years of civil war have re-
moved all the ancient land marks of power,
and the Executive abuses "pale their inef
fectual fires" before those of the Legisla-
tive Department. The American people,
by the result of the recent elections, are
70 Of oil fla NJ
tempts by Congress to assume the powers
of the Executive branch of the Govern
ment Each new assumption constitutes
fresh redoubt from which the assailing par
ty may more successfully assault the for
tress of Executive power For more than
two years we have witnessed the erection of
those feldworks, steadily advancing upon
the White House, but it is only in the latest
papers we have seen indications of
determined purpose to assume the Judi
ciaG powers, as we'll as the Executive
We feel it to be our duty,
as faithful sentinels on the watch-tower,
to sound the alarm on the approach
of this, the most appalling peril which has
powers of the Executive department shall
fall before the steady march of the Congress
sional forces, though it would certainly pro-
claim the imminent danger of the Repub-
lie, yet it might not be fatal, but if the jul
dicial power is once Frustrated at the foot
of a Wild reckless and irresponsible party,
all are lost indeed.
We have observed, with equal pain and
the House of Representatives, and is now
pending in the Senate of the United States
by which it is in substance declared, " that
if suits are brought for injury to persons
or property by loyal citizens, it shall con-
stitute no defence to the defendants that
such injury was done by Confederate au-
thority." This is, in other words, to declare
that every act done uader and by cirt~e of
the authority of tie Southern Co'Jede'dcy,
though with all the sanctions Of laoc, shall be
deemed and held to have been done in viola
ton of law, and to be redressed accordingly.
The same principle will justify the par
ty in power in declaring every eeec"tio" by
verdict of Southern jury during the wal.
to be murder But the offensive and revolt
ing feature of the bill is, that it commands
the Judiciary tc refuse as q defense, what the
law of nature and nations, nay, what the
laws of the United States themselves have
declared to be good defense. A de tacto
Government for four years, with which the
United States treated, and which they re-
cognized, by exchanging prisoners with them,
and which other nations recognized as bel
ligerents, is now regarded by this act of
Congress to be declared by the Judges of
the Southern States ''no Government, its
citizens murderers and outlaws, for obey
ing laws enacted by their properly consti-
tuted authorities. Well might the great
Marshall exclaim, in the Virginia Conyen-
ton, eff Heaven were invoked to inf1ict
its greatest curse upon SHINING people, it
would be to aff1ict them with dependent
Judiciary"