The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-02-05
COLUMBIA.
Tuesday Morning, February 5, 1867.
A Lesson from tho Past.


A Lesson from the Past.
The Nashville Union and Dispatch
calls attention to the following para
graph from the seventy first number
of the Federalia, written by Mr..
Hamilton:
"The same rule which teaches the
propriety of partition between the
various branches of power, teaches
likewise that this partition ought to
be so contrived as to render the one
independent of the other. To what
purpose separate the executive or the
Judiciary from the legislative, if both
the executive and the Judiciary are
so constituted as to be at the absolute
devotion of the legislative? Such Il
separation must be merely nominal,
and incapable of producing the ends
for which it was established. 1t is
one thing to be subordinate to the
laws, another to be dependent on the
Legislative body. The first comports
with, the last violates, the fundamen-
tai principles of good government;
and, whatever may be the forms of
the Constitution, unites all power in
the same hands. The tendency of
the legislative authority to absorb
every other has been fully displayed
and illustrated by examples in.some
preceding members. In govern
ments purely Republican, this ten
dency is almost irresistible. The
representatives of the people, in a
popular assembly, seem sometimes to
fancy that they are the people them
selves, and betray strong symptoms
# impatience and disgust at the least
sign of opposition from any other
quarter; or if the exercise of its
rights, by either the executive or
judiciary, were q breach of their pri-
vllege and an outrage to their dignity.
They often appear disposed to exert
an lmperious control over the other
departments, and as they commonly
have the people on their side, they
always act with such momentum as
to make it very difficult for the other
members OF. the Government to main
tain the balance of the Constitu-
ton
The almost marvellous wisdom of
the sages who presided at the or
ganization of the Government, fore
saw the conflict which the popular
department of the plan of the Con-
stitution would wage with the other
two departments, and deprecated as
one OF the great dangers to the
durability of the system The facts
OF to-day are realizing their fears.
Indeed, the identical contest Which
Mr.. Hamilton thought possible, is
upon us, but it wears even a worse
shape than he imagined.
CONGRESS- and the Legislative
bodies hat are assuming ''imperious
control over the executive and
judiciary, have not the sanction and
support of the people. It is a bold,
bare usurpation and violation of the
known wish Of Q majority OF the pco-
pie. If this majority in the whole
Union were speaking their wishes in
Congress, that body would not be
(as itis) in antagonism to the Supreme
Court and the President
That we are on the eve OF IL fear
ful revolution, no one can doubt. The
hope Of the country lies in the fact
that, in Federal affairs, two depart
ments are in alliance, to preserve the
Government against the encroach-
mcnts OF the other; and if tho issue
comes to the worst, a majority of the
people will be with them.
a Memphis paper says that colored
arlstocracy seems to be coming to
Crlct Last week UGooroo Uo.I