The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1867-01-23
HILLSBoROUGH, N. C., WEDNESDAY JANUARY 23 1867 - y

Il
au'horiy are easil u marked on, and defined.
ltreaches few objects, and those are known.
L cannot transcend them without being
brough. in contact with The "ther depart
ments. Laws may check and restrain and
bound its exercise, The same remarks ap
lply with still greater force TO the judiciary.
Their jurisdiction is, or may be, bounded
10 a lew objects or persons; /; or, however
general and unlimited, its operations are
necessarily confined TO the mere adminis-
tration Of private and public justic. Il can.
nst punish without law. II cannot create
controversies to act upon. 1t can decide
oniy upon rights and cases as they are
brought by others before it. 1t can 10 moth.
ing Tor itself. IL must do everything for
others. ltmust obey the laws; aud If it
Icorruptly administers them, il is subjected
To The power ofipmpeachment. On the other
hand. the legislative power. except in the
lew cases Unconstitutional prohibition, is
unlimited. 1t is forever varying its means
and rs ends. II governs the institutions,
aat laws. aud public policy Of the country.
i regulates all its vast interests. II dis.
pos Of all its property. Look but al the
exercise OF two or three branches of its
ordinary powers. Ii leyies all, taxes; il
directs and appropriates all supplies il
gives the rules for the descent, distributin,
and dssises Of all property held by indi,
Siduals. Il controls the sources and the
resources Of wealth. II changes at its will
the whole fabric of the laws. Il moulds at
its pleasure almps, all the institutions which
give strength, and comfort, and dignity to
s"ciety. In the next place, il is the direct.
visible representative Of the will of the peo.
pie in all the changes Of times and circum.
stances. 1t has the pride. as well as the
pnwer Of numbers. II is easily moved aud
steadily moved by the strong impulse s:of
popular feeling and popular odlum. Il
ubeys, without reluctance, the wishes and
the will Of The majority for the time being.
The path TO public favor lies open by such
obedience aud il finds not onlysssupport.
but impunity, in whatever measures the
majority advises. even though they tran
scend The constitutional limits. Il has no.
motive. therefore. 10 be Jealous, or scrupur
lous in its own use Of power !; and finds its
ambition stimulated and its arm strength
ened by the countenance and the courage
OF numbers. These views are not alone
those Of men who look with apprehension
upon the fate Of republics; but they are
also freely admittedly some Of the strong.
est advocates for popular rights and the
pcrmanency Of republican institutions. ~
Each department. should have will of
is own Each should have its own ia.
dependence secured beyond the power of
being taken away by either or both Of the
others. But at the same time the relations
OF each TO the other should be so strong
that there should be mutual interest to-
sustain and protect each other. There
should not only be constitutional means,
but personal motives to resist encresch.
ments OF one or either Of the others. Thus.
ambition would be lnade TO counterlct am.
bi.ion the desire Of power q check power;
and the pressure Of interest 10 balance an
opposing interest" " The judiciary IL
naturally, aud almost necessarily. (as has
beenalready said, D the weakest department.
II can have no means Of influence By pa.
tronaga. lts powers can never be welded
for itself. II has 20 command over the
purse or the sword of the natiou. II oan
neither lay taxes, nor appropriate money
nor command armies, or appoint 70 slhcs'
II Is never brought inte contact with the
people by constant appeals and solicitations.
aud private intercourse, which belong is oil
the other departments ofgosrnment. kn
seen only in controversies. or in trials and
punishmenis. It's rigid justice and impair.
tiality give il no claims 10 favor. howeverI
they may TO respect. II stands solitary
anil unsupported. except By that portion Of
public opinion which is interested only IN.
the strict administration Of justice. Il osn
rarely secure the sympathy or zeal.us snp.
port either of the executive or the iegisla-
iure. II they are not (as Is not anfre.