The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-09

CTOdCuIuenlS are most 10 De ADpreuenQ-
ed from the department in which all
legislative powers are vested by the
Constitution. Mr.. Madison, in refer
ring to the difficulty of providing some
practical security for each against
the invasion of the others, re-
marks that ''the Legislative Depart
ment is everywhere extending the
sphere of its activity, and drawing all
power into its impetuous vortex" 4"
1.-The founders of our republic =
seem never to have recollected the
danger from legislative usurpations,
which by assembling all power in the
same hands, must lead to the same
tyranny as is threatened by Executive
usnrPations." "In representative
Republic, where the Executive magis-
tracy is carefully limited, both in the
extent and duration of its power, and
where the legislative power is exercised
by an assembly which is inspired by n
supposed influence over the people,
with an intrepid confidence in its own
strength; which is sufficiently numer-
Gus TO feel all the passions which actu-
ate multitude, yet not so numerous as
to be incapable of pursuing the objects
of its passions by means which reason
prescribes-it is against the enterpris-
ing ambition of this department that
the people ought to indulge all their
jealousy and exhaust all their precau-
tions." 1.-The Legislative Department
derives n superiority in our Govern
mentS from other circumstances. Its
Constitutional powers being at once
more extensive and less susceptible of
precise limits, it can with greater tacili-
ty mask, under complicated and indi-
rect measures, the encroachments
which it makes on the coordinate de-
partment." "On the other side, the
executive power being restrained with
IN nnFFOURF nTNd ~lNniTorr
simple in its nature, and the judiciary
being described by landmarks still less
uncertain, projects of usurpalion
by either of these departments
wonld Immediately betray and defeat
themselves. Nor is this all. As the
Legislative Department. alone has ac-
cess to the pockets of the people, and
has in some constitutions full discre-
ton, and in all a prevailing influence
over the pecuniary rewards of those
who fill the other departments, a de
pendence is thus created in the latter
which gives still greater facility to en-
croachments of the former" 1--WE
have seen that the tendency of repub-
ltcan governments is to an aggrandize-
ment of the Legislative, at the expense
of the other departments"
Mr.. Jefferson, in referring to the early
Constitution of Virginia, objected that
by its provisions all the powers of Gov
Gi Giilu'eul--leBlSldllN executive, ana
tudicial-resulted TO the legislative
body, holding that ''the concentrating
these in the same hands is precisely the
definition of despotic government. 1t
will be no alleviation that these powers
will be exercised by a plurality of
hands, and not by a single one. One
hundred and seventy-three despots
AS little will it avail US if they are
chosen by ourselves. An elective des-
potism was not the Government we
fought for, but one which should not
only be founded on free principles, but
in which the powers OF Government
should be so divided and balanced
among several bodies of magistracy as
that no one could transcend their legal
limits without being effectually checked
and restrained by the others. For this
reason that convention which passed
the ordinance of government, laid its
foundation on this basis, that the Legis-
lative, Executive, and judiciary De-
Partments should be separate and dis
tlnct, so that no person should exercise
the powers of more than one of
them at the same time. But
no barrier was provided be-
tween these several powers. The
Judiciary and Executive members were
left dependent on the Legislative for
their subsistence in office, and some of
i i,
therefore, the Legislative assumes ex-
ecutive and judiciary powers, no oppo-
sition is likely to be made, nor, If nude,
can be made effectual; because in that
case they may put their proceedings
into the form of an act of assembly,
which will make them obligatory upon
the other branches. They have, accord
ingly, in many instances, decided rights
which should have been left to judicf-
ary controversy; and the direction of
the Executive, during the whole time
of their session, is becoming habitual
and familiar"
Mr.. Justice Story, in his commenta-
ries on the Constitution, reviews the
same subject, and says:
1.-THE truth is, that the legislative
power is the great and overruling pow
er in every free Government. The rep
resentatives of the people will watch
with jealousy every encrOachment of
the Executive magistrate, for it trench
es upon their own authority. But who
shall watch the encrOachment of these
representatives themselves? Will they
be as jealous of the exercise of power
by themselves as by others?" "There
are many reasons which may be
assigned for the engrossing influ-
ence of the legislative department.
In the first place, its constitution
al powers are more extensive and less
capable of being brought within precise
limits than those of either of the other
ecutive authority are easily marked
out and defined. 1t reaches few OBJ
jects, and those are known. It cannot
transcend them without being brought
in contact with the other departments.
Laws may check, and restrain, and
bound its exercise. The same remarks
apply with still greater force to the
Judiciary. The Jurisdiction is, or may
be bounded to a few objects or persons;
or, however general and unlimited, its
operations are necessarily confined to
the mere administration of private and
public justice. 1t cannot punish with
out law. 1t cannot create controver-
sizes TO act upon. 1t can. decide only
upon rights end cases as they are
brought by others before it. 1t can do
nothing for itself. It must do every
thing for others. 1t must obey the
laws; and if it corruptly administers
them, it is subjected to the power of i'm
parchment. On the other hand, the
legislative power, except in the few
cases Fof constitutional prohibition, is
unlimited. 1t is forever varying its
means and its ends. 1t governs the in
and laws, and public policy
of the country. 1t regulates all its vast
interests. 1t disposes of all its proper
ty. Look but at the exercise OF two or
three branches of its ordinary powers.
1t levies all taxes; it directs and
all supplies; it gives the
rules for the descent, distribution, and
devises of all property held by individ-
uals. 1t controls the sources and re-
sources of wealth. 1t changes at its
will the whole fabric of the laws. 1t
mOulds at its pleasure almost all the
institutions which give strength, and
comfort, and dignity to society. In
the next place, it is the direct, visible
of tho will of the uaOpIa