The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-07

viding some practical security for each against
the invasion of the others, remarks that ''the
Legislative Department is everywhere extend,
ing the sphere of It's activity, and drawing all
power into its impetuOus vortex" "The
founders of our republics seem never
to have recollected the danger from leglsla-
tive usurpations, which, by assembling all power
IN the same hands, must lead to the same
'ATanny as is threatened by Executive usurpa-
ms" I'm representative Republic, where
the Executive Magistracy is carefully limited
both IN the eXent and the duration of ITS power,
and where the legislative power is exercised by
an assembly which is inspired by supposed
influence over the people: with an intrepid con-
tdence in its own strength; which is sufficiently
numerous TO feel all the passions which actuate
multitude, yet not so numerous as to be inca
pable OF pursuing the objects of its passions by
means which reason prescribes-it Is against
the enterprising ambition of this department
that the people ought TO indulge all their lea
lousy and exhaust all their precautions
"The Legislative Department derives a supe-
riority in our Government from other clrcum-
stances It's constitutional powers being at
once more extensive and less susceptible of
precise limits, 1t can with the greater facility
mask, under complicated and indirect measures
the encroachments which it makes on the co.or.
dnate departments. On the other side, the exc
cutlve power being restrained within a narrower
compass, and being more simple in ils nature,
and the judiciary being described by land
marks still less uncertain, projects Of usurpa-
ton by either of these departments would inn
mediately betray and defeat themselves. Nor
has access to the pockets of the people, and has
in some constitutions full discretion and in all
prevailing influence over the pecuniary re-
wards of those who ill the other departments,
dependence is thus created IN the latter which
gives still greater facility to encroachments OF
the former. We have seen that the tendency
OF republican governments is to an aggrandize-
ment of the legislative, at the expense of the
other departments"
MIR. jefferson, in referring to the early Constr
tuition OF Virginia, objected that by its pro-
visions all the powers of goveTnment-legisla-
tive, executive, and judiclal-resulted to the
legislative body, holding that 'the concentrat-
ing these in the same hands is precisely the
definition of despotic government. 1t will be
no aleviation that these powers will be exer-
cised by plurality of hands, AMI not by sim
gle one. One hundred and seventy ty-three des-
pots would surely be as oppressive as one"
LAS little VIII it avail us that they are chosen
by ourselves. An elective desp0tlsm was not
the Government we fought Tor, 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 tran
scend their legal limits without being etfec-
tually 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 Departments
should be separate and distinct, so that no
person should exercise the powers of more than
one of them at the same time. But no barrier
was provided between these several powers.
The judiciary and Executive members we're left
dependent on the Legislative for their subslst-
ence in Office, and some of them for their con-
tinuance in 1t. If, therefore, the Legislature
| assumes executive and judiciary powers, no
opposition is likely to be made nor, if made,
can be efectual; because Ii that case they
may put their proceedings into the form of an
act of assembly, which will render them obliga-
tory on the other branches. They have ac-
cordingly, IN many instances, decided rights
which should have been left 70 judiciary con-
| hn of
during the whole time of their session, is be-
coming habitual and familiar"
Mr.. Justice Story, in his commentaries on the
Constitution, reviews the same subject, and
says;-
"The truth is that the legislative power is the
great and Overruling power IN every free Govern.
ment" The representatives OF the people will
Executive Magistrate, for it trenches upon their
own authority. But who shall watch the encroach.
| ments of these representatives themseVesS Will
they be jealous Of the OF power by them
! selves as by OtbersY" Z" here many reasons
! which may be assigned for the engrossing influence
of the legislative department In The fret place ITS
constitutional powers are more extensive, and less
capable of bong brought within precise limits, tnan
those OF either OF the other departments. The
bounds of the Executive authority easily marked
OuI and defined: 1t reaches few objec s. and those
being brought in contact with the other depart
ments. Laws may check aud restrain aud
With. With still greater force to the Judiciary sFl7
The jurisdiction is, or may be, bounded to a few
objects or persons; or, however general ana un.
lImi,ed It's operations are necessarily confined to
the mere administration of private and public jus.
tice. 1t cannot punish without law. 1t cannot
On.y upon rights and cases as they are brought by
others before II 1t can do nothing for itse1 1t
must do everything for others 1t must obey the
laws and II 1t cOrruptly administers them 1t is sub.
ject to the power OF impeaehment. On the other
hand the legislative power, except in the few cases
forever varying its means and its end. 1t governs
the institutions and laws and public policy of the
country. II regulates all its vast nterests IL dis
poses of all its property. Look but at the exercise
OF two or three branches of its ordinary powers II
ltVies all taxes it directs and appropriates ali sup
plies; 1t gives the rules Tor the descent distribution
and deVises all property held by individuals. II
controls the sources and the resources OF wealth II
changes at its will the whole fabric of the laws II
mOulds at its pleasure almost all the institutions
which give strength and comfort and dignity to
society In the next place. 1t is the direct visible
representative OF the will of the people in all the
changes OF times and circumstances Ii has the
moved and steadily moved by the strong impu ses
of popular feeling and popular odium II Obeys
without 70 uctanee. the wishes and the will
to public favor lies open by such obedience; and IL
finds not only support, but impunitY, in whatever
measures the majority advises, even though theJ
TRANSCEND the constitutional limits 1t has no mo
tive therefore TO be Jealous scrupuOus Ia its OWE
use OF power; and II finds les ambition st mulated
the courage of numbers These views are not alone
those of men who look " tn app ehensiOn upOn the
fate Of republics but they are also freely admitted
by some OF the strongest advocates for popular
rights and the permanency of republican Institu
tons" each department should have a will of it
! own" each should have its own independence
either or both OF the Others But at the same TIME
the relations OF each TO the other should
be 50 'nat .aere should pc anu mI
other. There should not only be constitutions
means, but personal motives to resist enorOachmentl
OF one or either OF the others Thus, ambition would
he made TO cOunteract ambition the desire of mower