The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-08

power s wholly negative and It's chsrac-
% snS was S q Is nS .
means OF projections against nvanons OF the Just powers
Of the executive and judicial departments II Is re-
anscendsnt power; and n fhe body that possesses n
e null and equal representation OF the people, there
lager Of It's pressing With destructive weight upoa Al
has therefore. been thought necessary BY the most
stiful and most experienced artists in the science Of
H. sss 'ho ~ the shsr
necessary powen OF the government Nothing
nss ,n ess na,,o Ssemsa more A. and sapsasns
OF the Executive Department should bs % constituted
sse secure requisite share OF Independence and that
and that the judiciary power resting on stu more
permanent basis should have the right OF deterniung
upon the validity OF lave by the standard the cossi
Inc psccssi,y 4 come such check ia the hands Of the
Executive IS shoUn by reference to the eminent
concur ia the opinion that sncroarhments arc mos, 10
be apprehended from the department in which all leg-
SON, in referring to the dnIcaiiy Of providing
Soms practical sscurity for each against the
invasion OF the Others, remarks that "thc
ing the sphere Of It's activity and dasnga power in.o
its impetuous vortex" The founders Of our repub.
ger nom Legislative usnrpstonr, which, BY ASSEMBLING
all power in the same hands, must lead to- the same
Tyranny IS s threatened BY Executive nsurpa!.ons."
gisracy Is carefully United both In the extent and The
duration Of its power where Tho Legislative power is
posed influence over The people, with intrepid coma
dence In it, strength: which is sufficiently numer
GUS 70 feel all the passions which acnste nulttnde,
yet notso b incapable OF pursuing tbs
offsets Of its passions By means which reason pre-
scribes-t is against the enterprsing ambition q thus
jealousy snd exhaust ali their precauiions.''
"The Legislative Department derives superiority
in governments from other circumstances Is con-
stituonal powers being 81 offensive And less
susceptible of precise limits, " with the greater
facility mask under complicated and indirect measures,
the encroachments which it makes on the co-ordlnae
Department. "On theother SIDE the executive power
being restrained within . narrower compass, and being
moro simple In lis nature and the judiciary being de-
usurpation by either OF these departments would imns
diateiy betrsy and defeat themselves Nor thss all
the legislative department. alone has ~ the
pockets OF the people, and has in consultations fun
discretion, and in al prevailing ncncs over the Pc
cunary rewards Of those VINO 81 the other de-
the latter. which gives still greater facility
10 Entertainments OF the former" I'VE have
an asgrandizsmsnt Of the legslaye Il the expense Of
the other departments" III
" J.s,:oo y The early scn; s Of
Of goyernmsn.-lsgissa,v 1scustvs and iud.ciars-
ton q dospo,c sovsramsn Il viii BE- no alienation
that these powers van ssxsrcised by plurality Of
no. surely b ": :.
one" "elioe WIN u aval ~ that they are chosen
BY ours.ivwa ~ elective desposism vas not The gov
only b. founded on free principles but in
which the powers Of government should Be
tracy q that no one could transcend their legal limits
without bsing sectually checked and restrained BY the
Sss For ing nss s s rnss pa @
basis that the Legislative, Executive and Judiciary
Departments should b separate and distinct. 50 that no
shs% Il he sss sms hi no Sarr.sr Was provided
between thsss several power me Judiciary end Exc
for thslY ssbssteucs IN ONCE and some Of them for
their eontlnusnes II y n therefore. the Legislature
ss, = e ms. me $:
:is ~: NJ sa s ss
~ s ssss se .a a s. ' ssss.
: =: s.:sss S.: $500 1s sss,s s'
~. Jssaes bscH. 4 hir e1mns on Ne ccfsti.
tusics ssyvs 90 sns sat1ecA ana The truth
povor Il n, WV re- sovsssmsns rns rsprsssn..
Svss Of the pssps vi vSCh win jealousy every en-
.s:a n: sssS a s
snerosehmsnt u these representatives thcmsevsSy VIII
they b !. sses:ss hs sasrcs Of pows. By thsssvss
sssss ~ ne snsrss. sSs ss q de isiss,iss
department. II ths S,ss psss iss coussituiiond powers
within prssiss Ans shm thess 4 either q ihs other
dsparfmonts the bounds Of The executive authority
M
without being brought in contact With shc other depart
nsns: y. LAWS |y ss ana restrain and
with still greater issss 70 .hs Judiciary. TSs
jurisdiciien. = o. nav Be-. bounded % few
~ ss n.ss. confined ss q. mere
punish Without law j. csnnos create csn,rov.rsiss 70
sct upon II can decide only upon rights and cases as
ior I i.ssf ..si DO stsrythug for others Mmus.
suSs..s i e. q he
other hand, The Legislative power exccptAin the fsw
CASES Of esessiscsasl proh'ol,lcn, y ua!insd y
i Regulates an IL vas. inssssss 4 2.posss q y IL
Srsnchss Of its ordinary pswsr - leviss al taxes II
directs AID appropriate: 81 supplies; s.ss
81 oil property held By ,ndiyldNala IL controls
tho sources and she resources Of wealth. changes
q IL viii The whole fabric Of the laws moulds a. It's
and comfort and dignity " socsty In the next place
the direct visible representative Of the win OF the
sS a. the pride :. we'll = sns power Of NUMBER Il Is
easily moved and steadily moved BY the strong impulses
Of popular feeling and popular sdiym 4 obsys wishout
The time being tho path 70 public favor LES open by
ssch Obedience; and T. Ands only support, but i'm
SoasR sAsy tsaascsnA me cosslirsnai limits IsSss
motive, sbspeore 20 - Jealous or srupu:ous IN tS
owa lse o. poser asd ~ mad: ~ anbstcn stimulated
courage Or nambe These vews are MOI aione those Of
men Who loeh With apprehension upon the fate u pub
Hes bus they aye also freely admitted By some Of the
sarongest advocates fos popular hghts and tho
psFmansnty 81 republican iustitutous."f "Esch de-
parlpSpt should have Will Of Rs0wn.n "Fsch shcijd
have he Oun Independents seenrsd bivond tho power 81
being taken away BY either both ss the others But
Il ske came time The relations OF sach 70 the other should
be % Strong that there should ~ musna interest
sustain End Drosec, each ether There should not only
beconssational means bus psno1e motives :" rrsist
encroachments Of one either ofsthe othcrs. Thus
ambition would 10 made 70 eountsra ambition the
rs Of pcwes check power. and she pressure OF In
tsress " balance opposing interest,"" 'The judiciary
naturally, and ApnsS necessarily as has been already
sa,ll III weakest department. II can have no meanr
Of influence by patronage Its powers can never DO
welded for ssk 10 has command over The purse or
the sword 81 the nation. Il neither lay taxse,
nor appropriate money, nor command armies,
neS sppoinA 10 spdss. IL 10. never brought
into coniacs with the people BY constant Rppenls
and Solicitations, and private intercourse, which
belong al the other apartments OF government II
eesn only controversies, IN ,rIais and punish
mepta LIS rigid justice and imrarrslty gIyl u no
claims 70 fayeTy however thsy 10 rsspecL
solitary ana unsupported, except ny tina, portion OF
public opinion which 10 EMP IN the strict ad-
uf