Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-17
r,rE IMrENDING pANGER

TIEE IMPENDING DANGER.
The fathers who framed our Constitu-
ton and put the machinery Of govern
ment in working order, seemed to be en-
dowed with prophetic vision which
enabled them to forecast the dangers Of
the future with wonderful precision
They seemed TO understand human ma
ture 80 well as to be able to point out
with marvellous perspicuity the very con-
dition Of things that is now upon u.s. But
their warnings have passed unbeeded by
the ambitious men who have got the con-
troll Of the government within the last
eight years, and we are now entering the
outer circles of the most dangerous whirl-
pool the ship of State has ever breasted
Mr.. Madison, with great foresight, de-
clared that experience had proved ten
dency in our government to throw all
power into the legislative vortex '1f"
said he, mo effectual check be devised
for restraining the instability and en-
croachments of the Legislature, a reoolu-
ton Of some kind or other ,00uld be in
irritable His subsequent language is
even more direct "A dependence of the
executive on the legislative will render
it the executor as well as the maker of
the laws, and thus, according to the oh
seryation of Montesquieu, tyrannical
laws may be made that they might
be executed in a tyrannical man
ner The danger most keenly APP
pretended was not executive domino
ton, as feigned by the Radicals of to
day, but legislative aggression If it
be essential to the preservation of libero
ty," said Mr. Madison, that the legisla-
tive, executive and judiciary powers be
separate, it is essential to a maintenance
of the separation that they should be in-
dependent Of each other = Ex-
perience had proved a tendency in our
government to throw all power into the
Legislative vortex. If no effectual check
be devised for restraining the instability
and Entertainments of the latter, revo
luton Of some kind or other would be
inevitable. Experience in all
States had evinced a powerful tendency
in the Legislature to absorb all power
into its vortex. This was the real source
of danger to the American Constitution.
Ii would be a novel and dams
gerous doctrine that Legislature could
change the Constitution under which it
held its existence. He considered the
difference between a system founded on
the Legislatures only and one founded on
the people to be the difference between a
league aud a constitution. A law
violating the Constitution would be null
and void f.
| Mr.. Goveneur Morris was equally EN-
phatic in his warning as to the encroach-
ments Of the legislative upon the execu-
tive department with a view to its SUI
premacy Said he "The Legislature
| (Congress) will continually seek to ag-
grandize and perpetuate themselves, and
will seize those critical moments pros
duced by war, invasions or commissions,
for that purpose 1t is necessary, then.
that the Executive should be the guar
dian Of the people, even of the lower
classes, against legislative tyranny,
against the wealthy, who, in the course
Of things, viii necessarily compose the
legislative body. Wien strong person
al interest happens to be opposed to the
general interest, the Legislature cannot
be too much distrusted In all public
bodies there are two parties. The Ex-
ecutiye will necessarily be more con-
nected with one than with the other.
There will be a personal interest, there-
fore, in one of the parties to oppose, as
well as the other to support him. Much
has been said about the intrigues that
viii be practiced by the Executive to
get into office. Nothing has been said
on the other hand of intrigues to get
him out of office. Some leader of
a party viii always covet his seat,
will perplex his administration, viii
cabal with the Legislature until he
succeeds in supplanting him
"The Executive, therefore ought to be so
constituted as to be the protector of the
mass Of the people 1t is the duty of the
Executive to appoint the officers and to
command che forces of the republic; to
appoint, first, ministerial officers for the
dispensation of justice. Who will be the
best Judges whether these appointments
are well made The people at large, who
viii know, will see, viii feel the effects Of
them. lie concurred in think
Jag the public liberty in greater danger
from legislative usurpations than from
any other source. Ii had been said that
the Legislature ought to be relied on as
the proper guardians of liberty. The an
swer was short and conclusive
so, too, Mr.. Pinckney enunciated these
memorable words 'If he (the Presi-
dent opposes fayorite law, the two
Houses will combine against him, and
under the influence of heat and faction
throw him out of Office
These warnings come TO us now with
mournful significance. To-day we find
the two houses Of Congress combined
against the President and under the in
auence Of a wild fanaticism, and urged