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

inerous 10 10 be incapable of pursuing
the affects Of its passions by means
which reason prescribes--it is against the
enterPris,ng ambition Of this depart.
ment that ;he people ought to indulge all
their Jealousy and exhaust all their .precau
tons. fhe Legislative department derive.
= superiority iaIour Governments IRON 9th.
er circumstances. It's constitutional pow.
ers being at once more extensive and less
susceptible OF precise limits, il can, with
the greater iac,llty ,..,nask. under complicat-
ed aud indirect measures. the, encroach
ments which il makes on the CO ordinat.
departments. !" On the other side, the Exc
cal,se power being reslrained within as mar
rover compass. and being more simple in
,ls nature, nd the judiciary being describ
ed By landmarks still less uncertain. pro-
Jec,s .. usurrstion by either Of these de.
Iartnents would Immediately Detray and
defeat themselves. Nor is this al. AZ the
Legislative department alone has access 10
the pockets of the people, and has in some
constitutions full discretion, aud in iii \
prevailing influence over The pecuniary re-
wards oi those who fill the other depsrt.
ments. dependence is thus Created in the
latter which gives still greater faciIi,y 10
encroachments Of the lorwer." I've have
seen the teLdeucy Of republican govern.
ments is to an agsraudlzement Of The leg
lslatlse At the expense oi the other de part
men;s."
Mr.. Jefferson. in referring 20 the early
Constitution ol Virginia. objected ,hat, By
its provisions. all The powers OF govern.
meat,-legislatiye, executive aud judicial.
resulted TO the legislative body, holding
that {" the concentrating these in the same
hands isprecisely The e..de6nition..of despotic
government. IL will be no alleyiatiori that
these powers will be exercised by a pIu.
rality of hands,. and not by q single one.
One hundred aud sesenty.threc despo.s
would surely be as oppressive as one. !"
!" As lille will II avail US that they are
chosen BY ourselves. An elective iespo.
lism Was not the Government We fought tor
but one which should not only be founded
on free principles. bul 10 which the powers
oil government should be SO divided aud
balanced among several bodies of our m.-
glsiraey as lhat no one could transcend their
legal limits without being effeclually cheek.
ed aud restrained by the others. For this
reason. that Convention which passed the
ordinance Of government laid its founda
,ion 90 this basis. that the Legislative, Exc.
cutise. and Judiciary Departments shoull
be separate aud distinct. so that no person
should exercise the powers oi mure than unr
Of them atilhe same time. But no barrier
Was provided between these several powers.
The Judiciary and Executive members
were left dependent on the Legislative for
their subsistence in office, and some OF them
Ior their continuance in il. II, therefore,
the Legislature assumes executive and ju-
dietary powers. no opposition is likely TO
be made, nor, ifmadr, can be effec:ual be.
cause. in that case. ,hey.may put their pro.
ceedlngs intu the form Vi smact of Assem-.
bly,, which will render them obligatory on
the other branches. They have according.
". in many instances. decided rights which
should have been left TO judiciary cpniro.
versy: and The direction Of the Executive,
during the whole time Of their session, is
becoming habitual and familiar"
Mr.. Justice Sior., in his commentaries
on the Const,tuti tion, reviews the same sub.
iect. and says:
=" The truth il, that the legislative power
is the great and oser-ruling power in every
free Government" The Representatives
Of the people will watch with jealousy every
encroachment ol the executive magistrate,
for il trenches upon their own authority.
But who shall watch the entertainments OF
these representatives themselves : Will
they be as jealous Of the exercise oi power
by themselves as By others :" I" There are
many reasons which may be assigned Tor
tho epgrossing influence Of the legislative
department, In the 6rst place. its consti.
tutional powers are more extensive, aud
less capable Of being brought within precise