Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1867-01-08

each n.:sitst tho inyas'nn ol The others, remarks
that the Legislative Department is everywhere
-x'rlrllns the sphere of its activity. and
irawin, nll power into its mpciIIOrs vortex. -
" Tile founders nj our republics : seem never
81 hay" icC"r,:tcl the danger from legislative
u-Ur'.'!"-. "r'ch by Assembling Nil power III the
-'u" hani~. miIat lead to the same tyranny e. -
tlr.,:r!rd hy Executive u-urpatIun-." "lG u
Representative Republic. where the Executive nr.gis-
t:ncy il carefully limited, both in the extent and III"
duration Of il power. and where III, legislative
power is exercised by Al assembly which is inspired
by SUPPOSED influence the people, with III
trepid confidence in its "wn strength: which il
sufficiently numerous to feel ali The passions which
"ciNa'r II multitude, Yet not 81 numerous u. 10 he
incapable OF pursuing the Oh rcs uf lis passions By
means which rrasnx prsscriJes--it is against the
unterpri-ng nn!,it,nn If this department that the
people ought {" indulge ml their jealousy and ex-
iInu-t Al! their precautions. 'fhe Legislative De-
partment derives superiority in our governments
from other circumstances. Its constitutional powers
being at once more extensive and less susceptible Of
precise limits, il with the greater facility mask,
under complicated mnd indirect measures, the en-
croachments which it makes an the co-ordinate de-
pnrtm.nis.' son the athcr side, the executive
! power bring restrained within II narrower Cor, pass
and being more simple in it, nature and the Judi
cary being described by landmarks still csI lInccr
tain, projects of usurpaion by either of these de-
partmcnis, would immediately hctrny and defeat
themselves. Nor is this all. As the Legislative
Department alone hus access to the pockets Of tho
people, unl has IL constitutions full dscrr-
ton, and in all prevailing influence tho pccu-
mary rewards Of those who ill the other depart
moniS, dependence is thus created in the latter
which gives still greater facility to cncrouchmcntS
! oil the former. I'VE lave seen that the tendency
OF republican governments is Ia an ACKNOWLEDGEMENT
~ the Legislative at the expense Of the other de-
! parimcnfs.
! Mr.. Jefferson. in referring to the EARL: Constu-
! ton of Eir.inn. objected that by ts provisions all
| the powers nf ACKNOWLEDGEMENTS. executive,
and judicirlr-ulicd IL the legislative body, hold
in: hat "thc concentrating these in the same hands
! - precisely the definition Of dcspOlic government.
| 1t will be alienation that these powers will be
exercised 10y plurality of hands, anI not by sin
Gle nr,. Un" hundred and sevrny-three dpspots
would surely be 0ppres...- -. c4S. ''Asi little
will II avail w. that they chosen by Our-tiS - -
! An elective desp1tisn was not the Government we
fought fJr but one which should not only bu found
! ed nn free principles, but in which the powers Of
government should he 81 divided and balanced
among several hudics u magiStracy that no Onn
could transcend their legal limits without being
rtfrctunIly checked and restrained by tho others
! For this reason that Convention which passed tho
! ordinance Of government laid its foundation on
| this basis that the Legislative, Executive, md
Judiciary departments should b. separate and dis
tinct 80 that no person should exercise tho
powers Of more than ono OF them nj the time.
But no barrier wur provided between these several
powers. The Judiciary and Executive members
". RI left dependent on tho Legislature for their
subsistence in olllce, and some OF them for their
continuance in il. Ii, therefore, the Legislature
rss,lm7. executive and Judiciary powers no pppus-
ton Is likely to ID made, nor, if made, can be erc-
tual: kccallse in HAT CASE they may put their pro-
rcctinrs into fr form Of act Of assembly which
will render them obligatory on tho other branches.
! They have accordingly, i'll many instances decided
rights which should have been left TO judiciary
| AND th,,I r,r,inn NJ fE Il Iur-
ia. the whole time of their session, is becoming
! habitual and familiar.
Mr. Justice Story. in his commentaries on the
Constitution, reviews the same suG jcct and says:
9Th" truth t. Ia" legislative power il the g1r1.t and
! ov.ru'ing i"wr! ia every free Government" "Th,
representatives al the people will watch with jealousy
":ers cncr"achmsEi =" the executive inaistre for i
trenches uIun their authority. But who -inl, watch
the encronch:it of these representatives themselves
viii they De Jealous If the exercise IT power by
them Gyc. 10y others "rhcrc many reasons
which may Ii, assigned lr iic crgrossng Influence of
the legislative Department. In ,c !rst place. liz constI.
iuuiIa powers extensive ana r-s Capable OF
lr.u. hrou.: within tsc precise limits than tGosc of
: either Of the itI"r depart Tcn.-.
"Th. bounds ~; ti'r executive authority arr easily
.n.rkr! and defined il reaches few Objects ald
ti:urc Known IL 'itnlut trH'isccnd tIcn without
being brought IN contact with the other departments
Laws ma: Chez! AMI restrain and hound lis cx"rr:r".-
Same rars apply viii; still greater force 10 q u lei
ary. The jurisdiction j. or may he bounded to few ohje>
m prf-"ns however general anil unlimited it, opera
ton. are nrcsnrly "O!ngl 10 The administration
VI private ard i,hi, Justice. Il cannot punish with.
o l.%. Il CAMEO, create controversies to act upon. |,
can decide only upon right and ciscI they arr brought
lay Others bct"r" il. j. 10 nothing Tor Itself j.
mus, ,u everything for others. 1t must obey The
;w- and If IL rurrupIiy administers them, il u sui.
j.clc,l 10 the power oi Impeachment On The other
hand lr. Legislative lower, except in the few cas'
If constitutional Prohibition, j. unlimited Il il
forever ranging IT. and It's ends. IL governs
the Institutions, and tr laws and public policy of the
country II regulates AL i's r-t interests. IL dispose.
rl ali il property. Look hi NJ the exercise Of two OF
r all lY
,!.rct- and appropra;c- 81! -!ppc- Il :cI the r'c-
- TN. ,cccn, distribution and levisc- at all property
held bv individuals it controls the AMI tie
sources Of wealth. il changes al s viii Tia. "! fabric
~ the I; moui- ut ia pleasure almost n The -
.sios ",eh s:,S!rSS . as S5p%r az; -, l!!y -
will Of tn. people in the changes Of Tine. md crcurn
Il j. easily moved and steadily moved by The s:rouy in
,s.- III popular feeling nn! popular oii;m. IL Obey
without rriucsace IL. Wishes aud vi! OF ;.r majority
for ia" time hcn.. The path to public favor i!' open Il
.rrI, obedience and finds not only support hut IMMUNITY
in whatever the majority advises even thoasi
the, Tram rv! tho constitutional limits II ba- aa ino:iy"
therefore. De Jealous or sCrupuouS IN it, own U-v .
uwr and i. find liz ambition -.!nGla;ci, AMI it, arm
strengthened by the c"umtenac and the courage o
uur,!.r- These views nr: alone tho" Of men w,
I.. With apprehension upon the fate Of the republic.
h they are also freely admitted by some u; the stronges
advocates oi popular rights and the permanently OF re-
puli,an institutions. Each department should hare
viii of lis own: each should have L. own ,lypc!"nc
secured h.yor the power Of heinz taken away HI rtlr
mr. o;i, 81 tho ncrI Int. the rauc time, the rc.
,i,n AZ cc ,o the other shold &c so strong that thcr
sin, b. mutual intcrrs, 10 sustain AMI protect ,ac'
Other. There should not only be coasItu:ioua
. ! means hut personal mvti:ts, - resist rr2rnach
,nnnis o one or either OF the ether: Tins ambition
would be male 10 councrnt ambition. anil the desire "
power to check power and tne pressure OF interest 70 .i
AMI almost nccc-str'Iy, rs has lcrn already ra!, Tn
weakest department; II can have no means Of n.lncn:
hv pat rnnaGc 81 powers can never be welded 30. !,
self: has command over I'll" purse or IL" sword
The nation, il Erii!ior'a taxes. approlT itr mo
new norcomu.,n ar;ns appoint Ia Office Is
III itn I'.l,y. lI ltst n
appeal, an. solicitations and private nrrcvllrs" whici
belong MI ether departments 81 government /:
.,n ont: in cont rovc:sI. In trials a luni-hInent-
H.; rigid iul,irs and mpartiality give il claims 10 Il.
vcr however Ihc may 10 respect IL stands solitary an
unsupported, except ry that portion of putic opinion
which il Interested only in the strict administration
Justice II c.i rarely secure tho sympathy or z"lnu
support either Ct Executive OF Legislature Il they are
"a nt nm ,crucny the C,,-. Jealous otis prcorayc h
constant nccrasi;y OF -crlu;Z:ng the acts ~ each upof
/, the application any private crscn, anu the ptiG
duty Of prun0IIcin judgment '7t t-c-c ;lGis are dc
plriurr from law Constitution, can have no Tendency
10 conciliate kindness or nonr;sh influence IL wonlr
soc therefore, that additional guards would, I'm
der sch circumstances br neF.nrv 10 protect ihis de
partmrnt from tho absolute dominion al Others lr
arly have iny sGh guards Ltu applied, ATT; every ~
TEMPT u in,Ioc, ,!ien lis been resisted with peril
lacity which demonstrates how slow popular leaders
TO INTRODUCE checks upon their power and now slow
the pcorlc air believe that tho Judiciary Is the
bu!wark OF their hbcrtics'
Ifauv department of the Government has undue
influence or absorbing power, it certainly has no
been either the Executive the Judiciary. II
addition to what has been said by these distinguish
cd writer's it may also be urged that the dominant
party in each House may, by expulsion Ola sufficient
number of members, or by oxcusi0n from repro.
sentaton Of II requisite number Of States, reduce
the minority to less than one-third. Congress, by
! these means, might be enabled to pass n law, the
objections of The President to the contrary notwith
standing, which would render impatient the two
other departments Of government, and make
inoper.tvo tho wholesome and restraining pnwer
which it was intended by the framcrsnf the C"n-ii-
,utiou shd-l,f. be cx-rcd Icy then. Thi" w"u,a b.
n practical concentration of all power in Tho Con-
srcss of tho United States.
This, in the language Of tho author of the Eccla-
ration Of Independence, would be precisely the deli
milton of tlrspotic government. ] have preferred
to reproduce these teachings "f the great statesmen
and constitutional lawyers Of the early and later