Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-01-17
NEW SERIES VOL. 7, NO. 26.

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 wri-
ters upon our system Of government,
who seem 10 concur in the opinion
that encroachments are most to be ap-
pretended from the department in
which all legislative powers are vest
ed by the constitution, Mr.. Madison,
in referring to the difficulty of provi-
ding some practical security for each
against the invasion of the others,
remarks that "the Legislative depart
ment is everywhere extending the
sphere Of its activity, and drawing all
power into its impetnous vortex
"The founders or our republic =
seem never to have reeollected the
danger from legislative usurpations,
which, by assembling all power in the
same hands, must lead to the same
tyranny as is threatened by Executive
usurpations." ain n representative
republic, where the executive magis-
tracy is carefully limited, both in the
extent and the duration of its power,
and where the legislative power is ex-
ercised by an assembly which is in
spired by supposed influence over
the people, with an intrepid conf
dence in its own strength, which is
sufficiently numerous to feel all the
passions which actuate a multitude,
yet not 50 numerous as to be incapa-
bic Of pursuing of its passions by
means which reason prescribes, it is
against the entorprising ambition of
this department that the people ought
to indulge all their jealousy and ex-
haust all their precautions "Tho
Legislative department derives a supe-
riority in our governments from other
circumstances. Its constitutional
powers being at once more extensive
and less susceptible of precise limits,
it can. with the greatest facility, mask
under complicated and indirect meas
ures, the encroachments which il
makes on the co ordinate depart
ments." "On the other side, the ex-
ecutive power being retained within a
narrower compass, and being more
simple in its nature, and the judiciary
being described, by landmarks still
less uncertain, projects of usurpation
by either of these departments would
Immediately betray and defeat them
selves. Nor is this all. As the lcgis-
lative department alone has access to
the pockets of the people, and has in
some constitutions full discretion, and
in all a prevailing influence over the
pecuniary rewards of those who fill
the other departments, dependence
ie thus created in the latter which
gives greater facility to encroachments
of the former" ave have seen that
the tendency of republican govern
ments is TO an aggrandizcment of the
at the expense Of the other
Mr.. Jefferson, in referring TO the
early constitution of Virginia, object
ed that by its provisions all the pow
ers of government-legislative, exec
utive and judical-resulted to the
legislative body, holding that "the
these in the same hands
is precisely the definition of despotic
1t will be no alienation
that these powers will be exercised by
a plurality of hands, and not by sin
Gle one One hundred and seventy
three despots would surely be as ag-
gressive as one" "As little will it
avail us that they are chosen by our
selves. An elective 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 so divided and balanced
among several bodies of magistracy as
that no one could transcend their le-
gal limits without being effectually
and restrained by the others
For this reason that convention which
passed the ordinance of government,
laid its foundation on the basis that
the legislative, executive and iudicia-
ry departments should be separate and
so thatno person should ex-
ercisc the powers Of more than one of
them at the same time. But no bar
rier was provided between these sew
eral powers. The judiciary and exec
utive members were left dependent
on the Legislative for their subsistence
in it, II, therefore, the legislature
assumes executive and judiciary pow
ors, no opposition is likely to be made;
nor if made, can be eficctual, because
in this case, they may put their pro
into the form of an act OF as
scmbly, which will render them obi
gatory on the other branches. They
have, accordingly, in many instances,
decided rights which should have been
left TO judiciary controversy, and the
direction of the Executive, during the
whole time of their session, is becom-
ing habitual and familiar"
In addition to what has been said
by these distinguished writer's, it may
also be urged that the dominant party
in each house may, by the expulsion
Of sufficient number of members. or
by the exclusion from representation
ol a requisite number of States, reduce
The minority to less than one-third.
Congress, by these means, might be
enabled to pass law, the objections
Of the President to the contrary, not.
withstanding, which would render i'm
potent the other two departments of
The government, and make inopera-
tive the wholesome and restraining
power, which il was intended by the
trainers of the constitution should be