The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-11-25
TheJSRrpatfon OF the Govern
nenf by Congress-.

TheJARrpatfon OF the Govern
menf by Congress-.
Nothing more illustrates the remarkable
political foresight of our fathers, who
achieved our indepcn lence ard adopted our
Constitution, than their jealousy OF the l'g-
islative power, which they feared might
swallow up the co ordinate Judicial and cx>
Ccutive departments of the Government.
and render itself supreme The men who
made our Government were impressed with
this truth above all others. namely: that a
concentration oi powsr, unchecked, wheth-
er in the hands of one or of mary, was a
despotism Hence they made the Consti>
tuition of 1889 one of checks and balances.
They made Government of three depart
ments-exocutive, Judicial aud legislative
and, so far as they coull Icy parchment re-
solve, declared that neither one Of these cos
ordinate powers should eGcroach upon the
prerogative of the other. But at the same
time they dis,rusted the ability of the pa'ch-
ment to prevent usurration. They feared
the force nf the legislative department. and
from their knowledge Of history had pre-
moniti,ns that it would usurp the spheres
allotted to the co>ordnste departments Of
the Government. Their apprehensions
have been fatally realized Their Jealousy
Of the particular department has been
>hown to be correct The Congress has in
the past four years virtually become the en-
tire Government of this country, setting
aside and ignoring both the President aud
Supreme Court,
The oxtracts which we give below are
from the Notes on Virginia" " written by
rhomss Jefferson, and from an article in
the FedcratSi, which was the prod lction OF
Alexander Hamilton They were the great
rivals in our earlier political history They
were opposed to each other in mo>t every
thing, but they agreed on this proposition,
that the people ought to fear the legisla-
tive as the branch Of the Government most
likely to obtain power BY fraudulent means.
| We give bclow, and commend to the cons
sideratlon of all men, the extracts suhjon-
ed. The first extract is from jefferson, the
leading Democrat; the second Is from liam
i!ton, the eminent Federast. They show
worderinl political sasa2ity, for their arga-
ments, whi2n were iulpplicabIe then, are
in full force nov:
"All the powers OF Gorcrnment-legls
lative. Executive and Ju1icials result to
the Legislative body. The concentrating
them in the same hands is precisely the dis,
position Of deSpHtic government. 1t VIII
be no alleviatinn that these po"era will he
exercised BY plurality Of hand. and not
bv single one One hundred aud seven>
ty three despnts would surely be as oppress-
| i've as enc. Let those who doubt it tuin
their eyes on tie Eapublic OF Venice. As
little will il avail that they arc chosen by
ourselves. An elective drspot' Sin wa> nr'
the government we fought far, Int on1
! which should not only be founded on tree
| principles, but in which the powers Of the
| Government should be so divided and bal
anced among several bodies Of magiStracy
as that no one could transcend their ega
limits without being e1fectualy checked and
rcstrained by the others To this reason
that Convention which passed the ordinance
ot Government laid its foundation on this
basis, that the Legislative, Exa utve and
Judiciary departments should be separate
and distinct that no person should exercise
| the bowers Of moro than one of them al
the same time. But no barrier wa, pro.
| vided between their several powers. The
Judiciary and Executive members were left
d pendent on the Legislative for thel
subsistence in Office, and some of then
Tor their continuance in it. Ii, there
fore, the Legislative assumes Executive ans
judiciary powers, noonposition is likely to be
made; nor, if made, can be etfectaal, be-
cause in that case, they pu. their proceed
ings into the form of an act Of Assembly
which will render them obligatory on the
other branches. They have, in many ins
tances, deci1,d rights which should have
been left to Judiciary contr0v TSy; ANA the
direction OF Executive, during the whole
time of their session. is becoming habitua
and familiar Z "~1ho@as : JcPerso.' j" l7sl
Gone of the principal objections incucat
ed by the more respectable adyersarias tt
the Constitution is its supposed violation
of the political maxim, thar the Legislative
Executive airi Judiciary departments ouch
to be separate and distinct" " No politi
cal truth ia certainly or greater in
trinSic value. or is stamped with the au
thority Of more enlightened patrons o
liberty, than that on which the OBJ
servation is founded. The accumIla
ton of all power-Legislative, Executive
and Juiiciary-ln the same hands, whether
of one, few or m0ny-whether hereditary
sclt-arparent or elective may he juStl,
pronounced the very definition of tyranny
Neither of these departments ought II
possess, directly or indirectly, an overall
ing influence over the other in the admins
tration Of their respective powers. But tht
more diticult ta7k Is to provide some prlc.
tical security for each against the invaslon>
of Il other. Experience assures us that
the efficacy of parchment business has been
greatly overrated, and that some more
potent defense is indispensable necessary
| for the more feeble against the more power
full members Of the Government. The
Legislative department is every where cx.
tending the sphere Of its activity, and draw
ing all power into its impetuous vortex. In
a representative Repulic, where thu Execu-
tive magistracy is carefully limited both in
the extent and in the duration of its power,
and the legislative power is exercised by an
Assembly, which is inspired by supposed
influence over the people, with an intrepid
confidence in its own strength, which is
sufficiently numerous to feel all the passions
which actuate multitude, yet not so nu
merous as to be incapable of pursuing the
objects of its passions, by means which rca
son prescribes, it is against the enterprising
ambition of this department that the peo-
people ought to indulge all their jealousy
and exhaust all their precaution. The ten
dcncy of Republican Government is to an
aggrandizement Of the Legislative at the
expense of the ether departments. ALEX.
II AMrJT0E