Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-01-07

It dependence Is thus created in the latt,
o which gives still greater facilities to en-
Il leroachmeuts Of the former We hn>
4 seen that the tendency of republics
y governments is to an agerandizement {
Q the legislative At the Expense Of ID
+ other departments. Mr. Jefferson. l
n referring 70 the carly Constitution Z
0 Virginia, objected that by its provision
r all the powers Of the Government--lep
} islative, executive and judical--resulte,
: TO the legislative body, holding that tn
5 concentrating these in the same hand
: is precisely the definition Of despoti
! governments. II will be no alleviatioi
: that these powers will be exercised by
| plurality Of hands, and not by a single
one hundred aud seyenty'three despots
: would surely be as oppressive as one al
little will il avail us that they are chosei
: by ourselves an elective despotism, wa
! not the Government we fought for
but one which should not only b.
founded on free principles, but in which
} the powers OF government should be sc
divided and balanced among severa
bodies on magistracy as that no one
could not transcend their legal limits
without being effectually checked and re
strained by the others. For this reason
that convention which passed the ordi
nance of government laid its foundation
on this basis That the legislative, ex.
ecutive and Judiciary departments should
be separate and distinct, so that no per.
son should exercise the powers Of more
than one of the.i at the same time, but
no barrier was provided between these
several powers; the judiciary aud exec.
utive members were left dependent on
the legislative for their subsistence in
Office, and some of them for their continu.
ance in il. Therefore, the legislature as
sumes executive and judiciary powers no
opposition is likely to be made, nor il
made, can be etfectual, because in that
case they may put their proceedings into
the form of an act of assembly, which
will render them obligatory on the other
branches. They have, accordingly, in
many instances decided rights which
should have been left to Judiciary con-
troversy, and the direction of the Execu-
tive during the whole time of their ses
sion is becoming habitual and familiar.
Mr.. Justice Story, in his commentaries
snh;ao, and .ays q 1,ha ,rr,h IL tha, ,ha
Iag;sis,;ya noyer i The rraat and a. nv .ne
rnIin@ nower IL avarv re- G Co
Tha rd r ar ,ha neonIa s;r,
,ratoh LII ;.oIons, .nar,- ,d pr III -.
of,ha exacnt;ve m strata for II sssncLas
upon their own authority, but who shall
watch the encroachment of these repre-
sentatives? Will they be as jealous of
hv otbers9 Thare arc many reesons
which NAV he ASSIGNED for ,ba enrros..
inc influence of The Legislative denart-
ment: in the first Mace ito const;.n-.
t;onal mowers are more extensive and
less ~capahle of being broucbt within
nrecise limits than ,bnse Of either of The
pther danartments The hound. ~ the
eyacut;ve authority are eas;ly marked out
ond de6ned II reachas far oh;oc,s snd
those are known il cannot ;ranacend
them without heinz hrongbt in contac,
v;th ,ba o,har denartmsnts bowavar i
nar obeol ard restra;n and honnd ;ts
axoro;se Tho sam. ra,.,arLs onnIv VIII
ILL oroa,or force 70 tba ;n5;o;arrrr' IT,
;rr;sS;ct;on i or NOV he hourjod 20
g., oh;ao,s or narsons. or houorar 80
80" o ia nnl;n,;taJ ;,s onaraGons 80
uaaa,sar;l,, nonGneJ 20 Az r,aro aJ,,;n
; "a of nr;vata and nnhl;o ;ns.;aa
- s'' aon y npn;sh w;,ho,t law.
~, ~ sa .na,o P 80 o., roa,,
=. o,ea aoo;da onin unon r;@ r upou
~ 20" ,Lau ara bronrbt h, n,ha,s
se~o 90 a. no,h;na e. ;,saif. - 49,.
, w. ~, Uda ~ Co.. n,bsrS !, ~. - muSs
~. ~ 1se,JsuiIs :. n",,.,,,,, Ins:ss:s 10y
". .lio 'a@s "nu :, !. =. .s ~ &c 'o
lnein, ~ Is su'J ~ ~ ~ 'mJ PVT u I'M
Peaer in1: 0n 'Ao o .h e sno
hes's'a,Ne p ome;:o I aL,,. ~ snc ie"
rases u c9n:s'tus,ona' p,on'p,'Vn' 20 uh
i''ii't w.. ~ 20 ~ y -. .aea"s
au9 no emu ~ Go:s'no -, :no le' ~
anu laws enu pupux po,'sy % :ne ooun-
Wy; IL resuiaeIs an ITO ,ase in'e,eses.
IL u,sposeS " an no plopel9 put
az she e1elcloo ', wv u ,n.oo oi ii
~ ,.s oruina,y pum .'os III o., saaes
j. directs anu appsop.ia'eS al suppnes'
u gives me lules ioi sn u, uescen', alslIi
pu''oh my ue'ioes " an pfopet'y nelu
oy ihuas,uuais /" oohi,o': :. ' as SOURCES
anu resources ., wealth. onanges az
JUS VIII Tue Mnoie laorlc Oh tne laws
u MOUNDS at i,s pleasure ALMOST an the
institutions wnlen slVc strength, ana
comfort, ana clsnity 70 society; In the
next place. u is tne alreet visible repre-
sentative Oh tne VIII Oh .he people IN all
the changes Q, umes ana circumstances;
1t mas the pride as wen as the power OF
numbers; ~ is easily moved, and steadily
moved by the strong impulses OF popular
ieeling ana popular odlum II obeys with
out reluctance the VIII OF the majority