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

present time, and it will, therefore,
be my constant aim to promote, as
far us possible, concert of action be-
tween them. The differences of OPT
nion that have already occurred have
rendered me only the more cautious
lest the Executive should cncroach
upon any of the prero9atives of Con
gress, or by exceeding il any manner
the constitutional limit of his duties,
destroy the equilibrium which should
exist between the several coordinate
departments, and which is so essen
tial to the harmonious working of the
Government. | know it has been
urged that the Executive department
is moro likely to enlarge the sphere
of its action than either OF the other
two branches Of the Government, and
especially in the exercise Of the veto
power conferred upon it by the Con
stitution. 1t should be remembered,
however, that this. power is wholly
negative and conservative III its cha
ractvr, and was intended TO operate
Us q check upon unconstitutional.
hasty aud improyilent legislation,
and ;s Il means OF protection against
inyasions OF the just powers oi 5he
Executive and Judicial Departments
It is remarked by Chancellor Kent
that. TO enact laws is Il tyan.cendant
power, and if the body that possesses,
it be u full and equal representation
of the people, there is danger Of its
pressing with destructive weight upon
all the other paris Of the machinery
Of Government. 1t has, thercfore,
been thought necessary, by the most
skillful and most experienced artists
i'll the science of civil polity, that Il
strong barrier should bc erected for
the protection and security OF the
other necessary powers of the Go
vernment. Nothing has been deemed
more fit and eXpedient for the pur-
pose than the provision that the head
of the Executive Department should
be so constituted as to secure a re-
quisite Share of independence, and
that lie should have u negative upon
the passing Of laws, and that the
Judiciary power, resting on sill
moro permanent basis, should have
the right of determining upon the
validity OF laws by the standard OF
the Constitution. The necessity Of
some such check in the hands of the
Executive is shown by reference 20
the most eminent writer's upon 0ur
system of Government, who seem to
concur IL the opinion that encroacil-
ments are most to be apprehenslel
from the department in which all
Legislative powers are vested by the
Constitutions. Mr. Madison, In re-
ferring to tic difficulty Of providing
some practical security for each
against the invasion OF the other
remarks that the ''legislatiye depart
ment is everywhere extending the
sphere of its activity, and drawing
all power into its impetuous vortex.
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 usurpa-
tons. In representative republic.
where the Executive magistracy is
carefully limited, both in the extent
and the derivation of its power. and
where the Legislative power IS excr-
clsed by an assembly which is in
splrcd by u supposed influence over
the people, with an intrepid conf
dence IN its own strength, which is
sufficiently numerous to be incapable
of pursuing the objects of its pas
slons by means which reason pre-
scrlbes, it is against the enterprising
ambition of this department. that the
people ought to indulge all their
jealousy and exhaust all their pre-
cautions. The legislative department
derives superiority in our Govern
ment from other circumstances. It's
constitutional powers being at once
more extensive and less susceptible of
precise limits, it can, with the greater
facility, mask under complicated and
indirect measures the encroachmcnts
which it makes OF the coordinate
departments. On the other side, the
Executive power being restrained
within narrower compass, and being
more simple in its nature, and the
Judiciary being described by land
marks still less uncertain, projects of
usurpation by either of these depart
ments would Immediately betray and
defeat themselves. Nor is this all, as
the Legislative department alone has
access to the pockets of the people,
and has in some constitutions full
discretion, and in all prevailing