Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-31
LII OF wIsDoM TROM THE


In the seyenty~frst number Of the |
Fedcrajist, Mr.. Hamilton said " The |
same rule which teaches the propriety Of
a partition between the various branches
of power, teaches likewise that this par
tition ought 60 be SO contriyed as to rem
der the one Independent Of the other
To what purpose separate the executive
OF the judiciary from the Legislative, if
both the executive and the Judiciary are
50 constituted as to be at the absolute
devotion of the legislative Sueh a sep
aration must be merely nominal, and
incapable Of producing the ends for
which it was established Il is one thing
to be subordinate to the laws, another
to be dependent on the legislative body.
The first COMFORTS with. the last violates,
the fundamental principles Of good gov
eminent; and whatever may be the
forms Of the constitution, unites al
power in the same hands The tendency
Of the Legislative authority 70 absorb
every other, has been fully displayed and
illustrated by examples in some pre-
eeding members. In governments purely
republican, this tendency is almost ir-
resistible The representatives Of the
people, in popular assembly, seem
sometimes 10 fancy that they are the
people themselves, and betray strong
symptoms of impatience and Disgust at
the least sign OF opposition from any
other quarter; or If the exercise of its
rights by either the executive or JUDI
ciary, were a breach of their privilege,
and an outrage to their dignity They
often appear disposed TO exert an i'm.
perious control over the othsr depart
mentsi and as they commonly have the
people on their side, they always act with
such momentum as to make il very diff
fcult for the other members Of the gov
eminent 10 maintain the balance Of the
constitution
The almost marvellous wisdom Of the
sages who presided at the organization Of
the government, foresaw the conflict
which the popular department OF the plan
Of the constitution would wage with the
other two departments, and deprecated it
as one Of the great dangers to the dura-
bility Of the system The facts Of to-day
are realizing their fears Indeed, the
identical contest which Mr. Hamilton
thought possible, is upon rs, but it wears
even worse shape than he imagined
Congress, and the legislative bodies that
are assuming "imperious control over
the executive and Judiciary, have not the
sanction and support of the people. 1t
is a bold, bare usurpation and violation
Of the known wish Of a majority Of the
people Il this majority in the whole
Union were speaking their wishes in Con
gress, that body would not be in antago-
nism to the Supreme Court and tie Pre-
sident If the people Of Tennessee were
truly represented in the Tennessee Legis-
lature, that body would not be impeach
ing Judges for assumed breaches Of its
privileges Legislative bodies are as
Stunning, in willful defiance Of the people,
to override the ee~ordinate departments
,c tho ,,,varrr,,or,t
They win make mischief, perhaps, but
the hope OF the country lies in the fact
that in Federal afInirs, two departments
are 10 alliance TO preserve the govern
ment against the entertainments Of the
other, and &c the issue comes to the worst
majority Of the people will be with them.