The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1867-01-12

Iuily imfDeu Dosl IN the extent and the duEsi- /
ton of its power, aud where the legislative
power is exercised BY an assembly which is
inspired by supposed influence over the
people, with an intrepid confidence in its
own strength, which Is sufficiently numerous
TO be incapable Of pursuing the. objects of
lts passions by means which reason Dre-
serIoes. 1t Is against the enterprising ami /
ton OF this department. that the peoDie ought
to indulge all their iealousies and exhaust
all their prosecutions. The legislative de-
paFtment derives a superiority in our Gov
ernmentfrOm other circumstance. The Con-
stitutonaI powers being at once more ex-
tensive and less susceptible of precise limits
It can with the greater facility make under
complicated and direct measures the en-
crOachments which it makes on the co-ordi-
nate departments On the other side. the
Executive power being restrained within
narrower compass, and being more simnle
In its nature, and the judiciary being des-
eribed by landmarks still less uncertain. pro-
Jects of usurpatiOn by these departments
would Immediately betray and defeat them
selves; nor is this all, as the legislative de-
paTtment alone has access to the uoekets of
the people, and in ali n prevailing influence
over the peeuniary rewards of those who fill
the other departments, dependence is thus
created In the latter which gives still greater
facilities TO encrOachments of the former
We have seen that the tendency of republi-
can govefQIaent & & tOqan ACKNOWLEDGMENT of
the Legislative at the expense of the other
/ departments. Mr. Jefferson, In referring TO
the early Constitution of Virginia. objected
that by its provisions all the powers of the
lGOvernment-legis!ative, executive and iu-
dicial-resulted to the legislative BODY. hold
/ ing that the concentrating these in the same
| hands is precisely She definition of despotic
governments. 1t will be no alienation that
| these powers will be exercised by plurality
| of hands, and not by single one hundred
and seventy-three despots, would surely be
as oppressive as one; as little will it avail us
that they are chosen by ourselves an cleo
| tive despotism, was not the Government we
/ fought for, but one which should not only
be founded on free principles, but in which
the powers of government should be 80 d.
| vided and balanced among several bodies of
magistracy as that no one could not trans
cend their legal limits without being effeetu-
/ ally checked and restrained by the others.
For this reason that convention which passed
i the ordinance Of government laid it's found
d alton on this basis That the legislative. ex-
: ecutive and judiciary departments should be
? separate and distinct, so that no person
should exercise, the powers of more
than one Of them ut the same time, but no
J. barrier was provided between these several
: powers the judiciary an executive mem
bers were left dependent on the Legislative
for their subsistence in Office, and some O
them for their continuance in It. If, there
fore, the legislature assumes executive anC
: Judiciary powers no opposition is likely K
: be made, nor if made, can be effectual be
cause in that case they may put their pro
: ceedings into the form of an act of assem-
: bly,, which will render them obligatory OF
D the other branches Theyhave accordingly
/ -
f should have been left TO Judiciary contro
: versy, and the direction of the Executive
e during the whole time of their session il
? becoming hubitual and familiar Mr. Jus
I tiee Story, in his commentaries on the Con
j, stitutiOn, reviews the same subject, and says
: q" The truth is that the Legislative power
g the great and everything power in every fire
S Government" The representatives of th
people will watch with jealousy every eT
= croachment of the executive magistrate, 70
9 it trenches upon their own authority, bu
! who shall watch the encrOachments of thes
!, representatives ? Will they be as iealou
q of the exercise OfPOwer by themselves a
\ by Others 2 There are many reasons whic
J, may be assigned for the engrOssing inhuenc
! of the 36Sis4atiRs department; IN the. frs
! place, It's constitutional powers are more e.
, tensive and. less capable of being brOugt
\ within precise limits than those Of either
i the other departments the bounds Of til
It executive agthOTityg are. easily marked OF
e and defined. ltreaches few objects, and thOs
h are known, it cannot transcend them will
le out being brougl1tain Contact with the Ot.t
i departments, however it may check and re
II train and bound its exercise. The same +
to marks apply with still greater force to I'll
Is judiciary The Jurisdiction is or may
e bounded to few objects or persons or hoy
N ever general and unlimited its operations al
"a necessarily cOninedltO the mere administr
es ton of private and public Justice. 1t cann
&c punish without law it cannot create CO
n trOversies to act sPgn. 1t can decide on
Ie upon rights and cases as they are broug
N by others bafOFesit; can do nothing for
o. self; it must do everything for others;
" must obey the laws, and if it corruptly a
te ministers them, it is subjected to the pow
m | of impeachment Or the other hand Il
he Legislative powers, except in the few cases
a. constitutional prohibition, is unlimited.
as is forever varying its means and its end.
MT governs the institutions, and laws and pub
mt policy of the country. 1t regulates all
of vast interests. 1t dispOscs of all its pre-
of erty-loOk but at the exercise Of two
We three branches of It's ordinary powers
9st Ievies all taxes; it directs and apprOpriat
of all supplies; it gives the rules for the desce
d. distribution and devices of all property he
nit by individuals; it controls the sources a
ch resources of g%ealth; it changes at its "
ate the whole fabric of the laws; it moulds
he its pleasure. almost. all the Institutions viii
give strength, Eand comfort, and dignity
i've society In the next place, it is the dir
he visible representative of the will Of the p
ler pie in ali the changes of times and circu
IIv stances. 1t has the pride as well as I
ed power of numbers; it is easily moved, a
be steadily moved by the strong impulses
is popular feeliIgsa9d popular odium, it ODE
ar without reluctance the will Of the major
,ek forthe time being The path to public far
snt lies open by such obedience, and it finds
ION only support but fmpunity in''whateverime
The ures the majority advise, even though ii
is transcend the Constitutional limits 1t l
act no motive, therefore, to be Jealous or sc
,dv pulous in It's use of power, and it finds
re- ambition stimulated and its arm streng
of encd by the couptenance and courage
ali numbers. These views are not alone thu
rn- OF men who lock. with apprehension uE
&c the fate of republics, but they are also fire.
eri- admitted by some of the strongest advOea
lev for popular rights and the permanency