The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-01-08

ton on this basis-that the legisla-
tive, executive and judiciary depart
ments should be separate and distinct. !
so that no person should exercise the
powers of more than one Of them at
provided between these several
powers. The Judiciary and cxecu-
tive members were left dependent on
the legislative for thcir subsistence III
office, and some of them for their
continuance in it. If, therefore, Il
Legislature assumes executive and
Judiciary powers, no opposition is
likely to be made; nor, ii made can
be cftectual, because. in that case,
they may put their proceedings into
the form of an act Of assembly,
which will render them obligatory on
the other branches. They have ac-
cordinSly. in muny instances, decided
rights which should have been left to
judiciary controversy, and the ,jilec-
ton OF the executive during the
whole time Of their session. is bccom-
iHg habitual and familiar.
Mr.. Justice Story, i'll his comment
aries on She Constitution. reviews
the same subject, and says that the
truth is, that the Legislative power is
the great and over-ruliug power in
every free Government. The repre-
scntatives of the people will watch
Jealously every encroachment Of the
Executive Magistrate, for it trenches
upon their own authority; but who
shall watch the encroachment Of these
representatives themselves? viii they
be as jealous OF the exercise of power
by themselves as by others? There
are many reasons which may be as
signed for the engrossing influence
OF the legislative department. In
the first place, its constitutional pow
ers are more extensive and less capa-
bic OF being brought within precise
limits than those of either OF the other
departments. The bounds of the
Executive authority are easily marked
out and defined. 1t reaches few OBJ
lects, and those are known. 1t cannot
transcend thc'l without being
brought i'll contact With the other de
partments. Laws may check and re-
strain and bound its exercise The
same remarks may apply, with still
greater force, to the Judiciary The
jurisdiction is OF may be bounded 10
q few objects or persons; for however
general and unlimited, It's operations
are necessarily confined 10 :Au mere
administration Of private and public
Justice. 1t cannct punish without
law; 1t cannot create controversies TO
act upon; ii c;.n decide only upon
rights and cases us they are brought
before it; it can DO nothing for itself,
it must do everything for others; it
must obey the laws, and if it corruptly
administers them, it is subjected to
the power Of impeachment. On the
other hand, the Legislative power.
except in the few cases of constitu-
tional prohibition, is unlimited 1t
is forever varying its means and its
ends: 1t governs the institutions
and laws and public policy of the
country; it regulates all its vast inter
ests; it disposes of al its property.
Look but at the exercise of two or
three branches Of its ordinary powers.
1t levies all taxes; it directs and ap-
proprlates all supplies; it gives the
rules for the descent, distribution
anc; devises of all property held by in
dlvlduals; it controls the sources and
the resources Of wealth; it changes, at
its will, the whole fabric of the laws;
it moulds, atits pleasure, almost all
the instructions which give strength
and comfort and dignity to society.
In the next place, it is the direct visi-
bic representative of the will of the
people in all the changes Of times and
circumstances; it has the pride as we'll
as the power of numbers; it is easily
moved and steadily moved by the
strong impulses Of popular feeling
and popular oaium; it obeys, without
reluctance, tho wishes and the will of
the majority for the time being. The
path to public favor lies open by
such obedience, and it finds, not
only support, but impunity, in what
ever measures the majority advise,
even though they transcend the con-
stltutional limits: it has no motive to
be jealous OF scrupulous in its own
use of power, and it finds its ambi-
tlon 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
but they are also freely
admitted by some Of the strongest
advocates for popular rights and the
Of raoDb1iooO ine+;4,,