Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-01-10

ring the whole time of their session. IS be-
coming habitual and familiar"
Mr.. Justice Story, in his commentaries
on the Constitution, reyisws the same sub.
ject, and says:
s'The truth is. that the legislative power il tha
great and overruling power in ovaTy frc' Govern
ment' F'Tbe Representatives OF the people VIII
watch with jealousy every encroa chment of the ey&
ecutive gistTate, fr it trenches upon their owl,
authority. But who shall watch the encroacI,-
ment Of these Representatives Themselves? win
they be jealous Of the exercise of the power Nv
themselves as by others 2" There are r6o,,y ,o,
sons which may be assigned fertile crgro..ii, r IN
tiuence OF the legislative department. In the frei
! place, its constitutional powers are moro oyfcr-
sve. and less capable Of being brought within
precise limits than those Of cither Of tho other
! Departments. The bounds Of tho executive
authority easily marked out and defined. 4
reaches few objects. and thos" arc fnp VIZ 1t con-
not transcen@ them without being b. r~ht ~
| coma with tho nther departmcn;a. laws NAV
check and restrain an1 bond r.. cxcr-
| gre iter force to tn" Judiciary The juris-
dici"n is or NAV lie bounded to s few
objects or PERSONS; or, however genera an' m
limited It's oneratiOn~ are necessarily confined 70
! the mere administration Of lTivatc and ru}i JUS
! tee 1t cannot punish without law. y c-"uot
create controversial to at uno0. 1t can d cifr
| only upon RIGHTS and cases 5 thcv are IrC1rgNt
! hv others before it. It can nothing fcr fsn'g
| It must do every hing for OILERS. II must olrv
| the law; and if it c0rupt!y adnniG'r's them it
| : subjected 10 the pow rs OF imr"aclmcnt. rn
| the other hand the Legislative power except il
he few cases Of constitutional prohibition. is m
| limited. l. is forever VARYING its mems and ITS
ends. 1t governs the inst itutione, ard laws and
public policy of the cOrnDy It regulates all iis
! vast interests IT dsncs' Of ali is rroI Crrv
Look bat at tho exercise IF two or three branches
IF its Ord arv TOy7crs j. levi5s all taxes il d.
reefs and apDropri"tes a supplies; il gives the
rules for the descent. Distribution and devils rf
all property held by indivd ais. It controls the
sources and The resources Of wealth. II changes
~ its will the Who'll" fahrj" of the lays It m"ufs
1T its pleasure almost al the institutions which
| Il. q 1pt
n he next place, it is the direct visible rrrrcsen
tatve o. the will of the people in al the changes
| OF tin es and Circumstances. II his the bride az
well as tle power Of numbers. II is CatiV moved
md steadily moved by tie strong impu SCI of D.
ma! feeling and popular odnru. Ir"hcys wit ou5
re Hctanc", the she's ana the will Of the ruiuri-
y for the tine being. The path to public favor
!. es open to such Obedience and it finds not only
-upport, but impuritv. in whatever measures the.
| majority advises, even though they Transcend The.
constitutional limits. It has no motive. Their fore
| o be jral u.s. or scrupulnus in It's OF pow
er; and it finds its ambition stimulated and us
| nm strengthened by the coUntCnance and lie
| courage of numbers. These views are not alone
! those Of men who look with apprehension upun
he fate OF republics but they also fl civ nd
| nitted by some OF the strongest advocates for
" Of republican institutions" Each derart-
| ment should have a viii of its own Zach
| should have its own independence secured BE-
Oud the pow er Of being taken away by Citic! or
pnth OF the oth IS, l'ut at tie same time tn" re-
| iatiOns of each to the 9th should he so strong
| hat there shond be mutual interest to sustain
! md protect each other. There should not cnl.
| be constitutional means, but personal mo,iv, 70
'eSiat eEroachHcnt" OF either OF the hers.
| Chus, ambition won q be made to couftcract AIM
| 3ltlon; the desire OF power 80 check power; and
| the pressure Of interes, to talauc@ am opposing
interest" "Tho Judiciary is naturally, and aIuost
nee ssa'ily, las has been already said tho wcai-
| st department. 1t can have no nca1s @: luilj-
! by patronage. lis POWERS can never he Nirii-
for itself - has 10 cUnmaf2 Ov. the Nurse
| 7 the sword Of tho patton It can neither lay
axes, nor apprOI liate money. nor command
| ,rr,+ +, 4.
J '"nt&ct WIih the people ~ cons ant appeals am
| solicitations, ard private intercourse, which j,-
| eng 10 al the other departments Of govaum,n.
| t Is seen only IN controversies, or I iI}' ia tvG
| onHishmcnts. It's ri"ia justc" ard inluatiia.rf-
| give it 40 claims to favor, however thyy MAY b.
| respect. Itstali5 solitary and unsuprn.irl. 49,.
| cept 3y that portion Of public opinion which is ill.,
| crested only II tn" strict administration Of jas
| tice. 1t can rarely Secure the sympathy or Zcai.
| us support either OF the executive or the lca-.
| atUT@: If they are not las y not unErequcuty H.,
| r8s") Jealous OF it's prCTCgatlycs Ia" CCI.tart l
| cessty Of scrutIzimg tine acts Of each. upon a..
| application Of any private person. and the painll'
| lIty OF rrOnOuHciug Judgment that these arts
are departure from the law or Constitution, Cau
nave no tendency to cOnciIiate kindness nn ur>u
| influence. 1t would seem, therefore, that roIi.
a lditiola! guards woud d, under such ciIcumstg:-
| res, be ssary to rIotoc5 th- department from
| nc absolute dominion OF til" others. Yet rarely
| ave any such guards been app. cd: and every
| empt to introduce trcIu has been resisted with .
| eTt nacity which demonstrates how slows ppnu ag
| "aricrs are to Introduce carrt4 lrrr thriY cRr
! over and how slow the people are 20 hpiCyc that
The Judiciary is thercal bulWarh Of their ibcrtip-.
| II a@r department OF the Government las uu-
| iue lntiHc &C. or absorbing power j, certainly has
| not been either the executive or judiciary"
In addition to what has been said l,v
these distinguished writer's, it may also hr
Urged that the dominant party in ca@s
| House may, by the expulsion of Il suiiiy zen.
| nun beT OF members, or by the eXc,a.ici
| rom representation Of q requisite plumber
If States, reduce the minority to lgs, II ar
ne-third. Congress, by these means.
night be enabled to pass II law, the ohiec.
| ions Of the President to the contrary not
| outstanding, which would render impo-
mt the other two Departments OF the Co.
vernment, and make inoprrarivr the whole.
some and restraining power which it WAS
intended by the Trainer, the Coustitnti,
should be eXerted by them. This would be
| practical concentration OF all power in
he Congress Of the United Statos-thi#, il
| te language Of the, author Of the DeclaIa-
ION of independence, would he .'pr,ci-cl,
| Nc definition of dpapo;ir Government
have preferred to reproduce these t,aci,-
| ugs Of the great statesmen and cv-.i.u-
! IONA! iuWVCIS OF the early and later Gg,s
E tie Republic. rather than to lely siuiiN
| 'pon al expression OF my OVID Opinions.
| y" cannot 100 often TCCur to thcu, cauc-
tally at a conjuncturc Ike The present.
| Their application to our actual condition !,
o apparent, that they now come 10 us us "
living voice, TO be listened to with luorcyt-
Yentl@n than at any previous period IN .".
history. We have been and are yet in t..
midst Of popular commOtion. Tie pao-
lions aroused by Il great civil wiz are s..I
dominant. 1t is not time favorable .a
hat calm and deliberate Judgment wl:.l
IS the only safe guide when radical cham.
IN our institutions are 10 be made Tho
measure now before me is one Of those
changes. 1t initiates an untricd export
ment, for people who have said. with ONE
voice, that it is not for their good. Til
alOne should make us pause bat il j. rms
Ill. The experiment has not been ui-l
or so much as demanded by the people of
the several Stairs for Themselves IL Inf
few Of the States has such an innoga'."
been allowed as giving the ballot to tire c.-
lored population without any OTHER quaIh-
cation than a residence Of one year, a'.a 'a
most Of them the denial Of the ballot
this race is absolute, and by tnnGa4.a't,
law placed beyond the domain OF oluih.g.