New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-08

ton bet yeen them The difieIenees yr H. @
already Incurred have rendered me only the more
% ~ F~ccrve should encroach mon any of the pre-
negatives Of Ccngres or ~ s es destroy Tie eGu
,im which slOuld exist between tnc so'
departments aud which Is SO essential ~ e % nJ
,tt,r,ng of me Government know lt mas DeeH liEcu
mat The Executive Department ls hIoIc nACg W
- siere o lis action than eitlcr 81 Inc other t"O
ilc ~ f,o G1-srIfmolt and especially IN the exer-
else of the power conferred uPou II ~ ,
is wholly negative ond conservative III MS character ,
was intended 10 operate asa Giesh l and az - Ines of
nroectou AGAINST nyasOus OF the JuSt powers ~ 'io
T1nctyc o1d Judicial Departments It's remarked ny
tr,,cuor Kcrt that 10 enact laws Is tiascendeil
power and II fhe body tat po55es1es ~ % a ' of its
ega Pit destrctive weight upon all the other parts
" tLe aelnery of government. Il has, therefore Deen
nced artists i'm the science of civil poly that strong
barriers should erected for the protection ana Sc
1nenf Nothing has been deemed more ms ana OK,
pcdient for the purpose than tne pPYsloh ms
OF the Executive Department should DG SO Nc %e
TO secure a requisite share OF lhuepehueHCc, uu .'
should have negative upon the passing o lt"s o
basis should have the right u determining upon the va
hdy Of laws by the standard OF lne m Nv @ ~ tbe
Executive is shown by reference TO the most eminent
writer's upon our system o. are most TO he 9p-
cur in the opinion that m ,i ~ IN .satc
pretended from the department IN when al etsIa,o
powers are vested by the Constitution MI Madison IA
referring TO difficulty of providing some prl Sc
cury for each against the Invasion OF the oIn5 re-
marks that 'the Legislative Department. eVe{WheIe
extending the sphere Of ts aei'iiy ana drawing @I
power into it's impeuous vortex Ihe tonh1ers VI our
p ioisla.ive usprnatons which, by assembling all
power in the hands, must lead 10 inc SAME ~ @
rs Is threatened by Executive usufpatOis III aIcp-
resentatiye Republic where the Executive inaesii} as
carefully limited both III the extent ana tne p Nv i
newer and where the legislative powers eXeiccu ny IN
assembly which Is inspired by supposed hhueucu WI
the people, whan intrepid si ~ IN ~ assnps
which * sufficiently numerous 10 leol an thc lbslohs
which actuate a multitude vet not SO numerous Us 10 NC
iuconahc az urSn the objects of Its passions by means
6i so,i urcsriics-t is against the cuierpiisng
ambition OF this department that the people onsnt 10 ~
dugs an their Jealousy and exhaust all their precautions
.The Legislative Department derives snpcIloLity i our
Governments from other cts' i'
powers being 40 once more extensive ana rs ~. LIZ
of precise limits It eau with the greater Iaclhy mlrh'
under complicated and indirect measures Ine
ments which It makes on tHe cool.lna' ~ rt,,Inrd
ION the other side The executive power Dtuf 49,
within narrower compass ana neE ,i1 si iarls
nature, and the Judiciary being descllngn ny " ~
sim less unccrtain projects OF usurpa0n 10y IIt ui
these departments would Immediately bcir;y ana 'sest
themselves Nor is this all. As abe Legislative Depart,
Inent alone has acocs, to the pockets or thc uo, n
vanc influence the pccuniary ro"aris OF '.o.e
who fin the other departments CrPchdencs y liz i,
created in thu lator which gives stH greater HSn9
Soon tbat fbc ,depcv Of Republican Governments Is %
an ACKNOWLEDGEMENT OF the legislative at the expense oi
MFR JeffSrsnn I'm referring 10 the early Constitution
Virginia, objected that hy It's provisions al vac p"cs o
OBSERVATION-DISCLOSURES, executive and judicial r7nlca
fo The legislative body holding that concentrating these
i'm the sIne hands IL precisely the definition ~ dcsporc
government. IL viii De no alienation that lh sc powers
viii be exercised by plurality Of bands, ana not 10y
single One hundred ana seventy lltr Hc, W.4
surely be oppressive as one a. llult ;" D" Ha"I
us that that they chosen by ouree'ts ~ sceuAe
despotsln was not the Government We fought iof, Dut
one which should not only be founded on free pncles'
brt in Which the powers OF goyeUmchl sholu pc so"l
yided and balanced among several bodies on in"Elty
as that no one could Transcend men ieh IN
Dening euccualy chccheu A.a II ~ "a l o,iii
For this that Convention when passed tht ".l
nance Of government laid its foundation on ill- haa
That the l%el.ldtNe, INeculNe iiu % ~. ,,,
mcuts should be separate aud distinct 80 that 30 p o
should exercise the powers OF more than one ~ them az
the time But no barrier Was provided p'lMt.h
these several powers. The JudillIy. ana iN'tutINC
members were ieft dependent The II gs4tiye for er
subsistence In office of Thorn for thciI coutnu
in H. IT, therefore, ihe Legislature assumes tAt,u
made nor If made, De eicctuai because IN 't ease
they may put their proceedhgs INTO iAe FORM o. m
drSed tights When should have been left to Judiciary
controversy; aud the direction ~ the Executive during
the whole time Of their session. becoming habitui ana
Mr. Justice story In hs commentaries the Constin-
| ton, reviews the same subject, and says;
por9 '5 e, , Oh, s' T y ' ss .Sd %. %
for = tTenoh w., ,{ 'sr os s[ & no wTt,g +. ~ i
many reasons ehe may be .. el 'r a. eas '' ~ ".
more extensive and -, capable q lelg trouf yiln rn ss
i've sushot, ere easiy marked ont d-inoi G or
sai those are known Il eanuai Transcend ial rh"ti ls
bound IT, exercise T remarks aTll sil ail 80 .rf he @,
s,e jsasS ne o. q,ge r % icy S 10 oa. rs
T s.,c saas pl 70 ias sio S law ssaS 81 i,,
uTon tet only upon rrhn end cas- ny Doc er.lsh
ir oi. j, na., dSsJ he i5. sas sTr il-r' ,s
e. iSS', sosl 70 t 's l1 H., o. % Of esauoa poaoa
unlimited b u gufffuf VIC
m W Interest," ao,s. q a, 4 poPs i"qs s1' n s s'
directs aud apprelr '''s =. ,Hlpl ~ ' iis ~ II,
the % wealth. oa-es r. Wiz ~ whole
'1S 81 y ' r ar " !" sr 70 o,r In ne nsli
Ps h' direct visible 'JIssu'e Of tls vi ~ ils psolis IN
The power O uumle It j. easily moved and steadily moved y Ii.
1S o,1si he S sr H. VII o h. soa for 6s tn iea
The path 70 Paoi. sor e ep.n b. & oh'.ea'i POD a not o,
though they Transcend the constitutional Unite be- 20 motive iae
ambition stimulated and IT, strengthened By DE eogisnancr ana ihs
vh .pghcrson upon he s Of rgbl 5as they &c also f,,y
Igl am leTT1nrscy ooi !'luphsaH g''on, Zen os
P-I,n, should n1's al , %, o.L 10y, @ y. s n
b9h o, ODE oher d.. II u, lae tune il- o9i Of ,,l Z, ne
protect other. There should only be constitutional
Tb Ton esni h. iasl Il, o. ofpossr
70 chez Io3,ri snl ihe prr. q nii % e.ne, OF 9r POI
ALREADY % tt weaket department. j. ls, 20 n inence
uad e pune DO saod oi n,oa It ea H,,- Day '9,
nsAes tioasut ,no ooa-' ~i,n Ag iI ~ t M ~ & 1
sonssuons aha private ~ ieo.i eh .,oa 20 y. r 2 1
nishmens Is nd Justice srd mpsfy give y no eas to h'or
by that portion o pubic opinion Which interested only tle s,r sd
nAni,fion Of justice IT can % secafe The .i OF 'sl
uuqueny the sou. Of h fepEaiiyts The constant Necessity
end the an duty Of Prououne Judgment that these as de-
l9ness or noge Influenza vGg ,ssa ,sr,o'5 h.i s',s
protect this department from the ahsoa; dominion % The others VT
iay have any such guar. ben applied sed f i,sap to nitro
popular leaders introduce eleek, upon their own power
the that the real
eres" department " the Government has
undue nhuence or ng power certainly has not been either tie
| executive or Judiciary
In addition 10 what has been said by these distinguished
writers, IL may also De urged that the dominant party in
each House by the expulsion Of sufficient number
OF members by the exclusion from representation 81
requisite number OF States, reduce the minority 10
less than orethrd. Congress, by these means, might
be enabled 10 pass a law, the objections Of the Pres
dent TO the contrary Notwithstanding, which would rem
der mpOtent the other two Departments Of the Govern
ment ana make imperative the Wholesome and restrain