Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-01-07


sumed. from their previous condition OF ser.
vitude, that, as a class, they are as well in
formed as TO the nature of our Govern
ment as the Intelligent foreigner who
makes our land the home of his choice
In the case of the latter, neither a resi-
depce nf FIVE years, and the knowledge
Of our institutions which it gives, nor attach
ment TO the principles OF the Constitution, are
the only conditions upon which he can be ad-
mitted 70 citizenship. He must prove. in ad-
dition, good moral character. and thus give
reasonable q ound for the belief that be will be
faithful 10 the obligations which he assumes as
citizen of the Republic. Where a people
the source Of all political power-speak, by
their sunraeee, through the instrumentalty of
the balIot-box. IL must be carefully guarded
against the control of those Who are corrupt IN
principle and enemies Of free institutions, for
system safe conductor OF healthy and non
uIar sentiment when kept tree from demoraI-
izing influences. Controlled, through fraud
and usurpation, by the designing. anarchy and
hands OF the patriotic and worthy, our Gov
ernment will be preser we'd upon the principles
OF the Constitution inherited from our fathers.
III foIlows, therefore, that in admitting TO the
ballot-b box new class Of voters not qualified
for the exercise OF the elective franchise, we
weaken our system OF government, instead of
adding to.Its strength and durability.
In returning This bill to the Senate, deeply
regret that there should be any conflict Of
opinion between the Legislative and Executive
Departments of the Government in regard TO
measures that vitality affect the prosperity and
peace of the country. Sincerely desiring to
reconcile the States with one another, and the
whole people TO the Government of the United
States, ii has been my earnest wish to CO.
operate with Congress in all meas ures having
for their object proper and complete adjust
ment OF the questions resulting from our late
civil war. Harmony between the co-ordinate
branches OF the Government, always necessary
for the public welfare, was never more de-
manoed than at the present time, and il will
therefore be my constant ann to promote, as
FAR as possible. concert of action between them.
The differences of opinion that have already
occurred have rendered me only the more
cautious, lest the Executive should encroach
upon any OF the prerogatiyes Of Congress, or,
by exceeding, in any manner, the constitu
tional limit of his duties, destroy the equi-
hbrlum which should exist between the sew
eral coordinate Departments, and which IL so
essential 10 the harmonious working of the
Government know il has been urged that
the Executive Department is more likely TO
enlarge the sphere Of it's action than either of
the other two branches of the Government,
and especially in the exercise of the veto power
conferred upon II by the Constitution. Ii
power Is wholly negative and conservative in
It's character, and was intended 10 operate as q
check upon unconstitutional, hasty, and i'm
provIdent legislation, and as a means OF pro-
tecuon against inyasons OF the Just powers of
the Executive and Judicial Departments Itis
remarked by Chancellor Kent that sto enact
laws Is franscendent power: and, il the BODY
that possesses IL be a full and equal represen-
tatlon OF the people. there is danger Of its
pressing with destructive weight upon all the
DINER parts OF the machinery Of government
1t has, therefore, been thought necessary nv
the most skilful and most experienced artists
IN the science Of civil po lity, that strong bar
rlers shouid De erected for the protection and
security OF the other necessary powers of the
government. Nothing has been deemed more
Mt and eXpedient for the purpose than the pro-
vision that the head OF the Executive Depart-
ment should be so constituted as 10 secure a
requisite share Of independence, and that he
shouio nave negative upon the passing of
laws; VS., and mat the Judiciary power, resting on
a silli more permanent basis. should have the
rlght OF determining upon the validity of laws
BY the standard OF the Constitution"
The necessity of some such check in the
hands OF the Executive is shown by reference
TO the most eminent writers upon our system
OF government, who seem TO concur in the
opinion that encroachments are most to be ap-
prehended from the department in which all
legislative powers are vested by the Constitu-
ton. MIR. Madison, in referring to the diff
Guilty OF providing some practical security for
marks that s.the Legislative Department is
everywhere extending the sphere of its actiy-
ity, and drawing all power into its impetuous
vortex" THE founders of our republics %s.
seem never 10 have recclIected the danger
from legislative usurpations, which. by as.
sembllng all power IN the same hands must
ieaa 10 tne same tyranny as is threatened by
tive Republic, where the Executive magIs.
tracy Is carefully limited both in the extent
ana ine duration Of ils power, and where the
legislative power is exercised by an assembly
which Is inspired by supposed influence
over the people, with an intrepid confidence
IN It's own strength; which is sufficiently nu-
merous to feel all the passions which actuate
q multitude, yet not so numerous as to be in
capable OF pursuing the objects OF its passions
by means which reason prescrbes-it is against
the enterpristng ambition of this department
that the people ought TO indulge all their zeal
ousy and exhaust all their precautions J" "Ths
Legislative Department derives a superiority
In eur Governments from other circumstances
Its constitutional powers being al once more
extensive an less susceptible OF precise limits
IL can with the greater facility mask, under
complicated and indirect measures, ana eu-
croachments which il makes on the co-ordi-
nate departments" .sUh the other side the
executive power being restrained within a uar.
rover rover compass, and being more simple IN its
nature. and the Judiciary being described by
landmarks still less uncertain, project. OF
usurpation by either OF these departments
selves. Nor is this ALL As these Legislative
Department alene has access 10 the pockets of
the people, and has in some cons titutions full
discretion, and in all a prevailing inf uence
over the pee uniary rewards of those W who I'LL
the other departments, a dependence is thus
created in the latter which gives still greater
facility to encroachments Of the former" We
have seen that the tendency of republican
governments is to an aggrandizement OF the
legislative, at the expense Of the other depart
ments."
stitution Of Virginia, objected that by its pro-
visions all the powers OF Eovernment-legIs-
lative, executive, and iudicial-resulted TO |
the legislative body, holding that "the con. |
centTating these in the same hands is precisely
the definition Of despotic government 1t will |
be no alleviation thar these powers will be /
exercised by plurality of hands, and not by /
a single one. One hundred and sc venty- three
despets would surely be as oppressive as one"
'As little will II avail us that they are chosen
by ourselves. An elective despotism was not |
the Government we fought for, but one which |
shoulA not only be founded on free principles, /
but in which the powers of governmert should |
be so divided and balanced among several /
bodies OF magistracy as that no one could 4
transcend their legal limits without being
ehectuaily checked and restrained by the /
others. For this ressOn that Con vention /
which passed the ordinance Of govern.
nent laid its foundation on this basis, that
the legislative, Executive, and Judiciarv
Departments should bs separate and dis.
tinct, 90 that NO person should exercise the
powers OF more than one OF them at the came
time. But NO barrier was provided between
these several powers. The Judiciary and Ex.
ecutiye members were left dependent on the 4
legislative for their subsistence in once, and /
some Of them for their continuance in IL m /
therefore the LeGisiature assumes executive
and judiciary powers, NO opposition 10 likely to /
be made, NOR, II made, can be efFectuai; because
in that case they may put their proceedings
into the form Of an act OF assembly. which viii |
render them OBLIGATORY on the other branches /