The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-08-19

must originate. But with the legis- |
lative department, composed of large |
numbers and conscious of power, the
natural tendency is always to enlarge
that power, to trespass beyond its
defined boundary; to trespass on the
other departments, upon the rig hts of
the States, the liberties of the people.
Here is the real danger of all repub-
lies. Our fathers saw and felt this
Many in the constitutional conyen-
ton maintained that, for self protec-
ton against this natural tendency to
congressional encroachment, the ex-
ecutiVe ought to be armed with an
absolute veto. "Without this" said
Mr.. Wilson, "the legislature can at
any moment sink it into mere exist
ence." So Mr.. Madison's proposition
that if two-thirds or three-fourths
should be required to OVerruie the
objections of the executive, it would
answer the same purpose as an abso-
lutte negative. MIR. Wilson and 9th
ers. contended that it required a large
proportion of each house to overruie
the veto; st might do in peaceabie
times but there might be tempestu-
GUS moments in which animosities
may run high between the executive
and legislative branches, and in which
the former ought to be entitled to de-
tend itself. Mr.. Madison, whose wis
dRjn impresses us in proportion as we
read his writings, while he was uuWil-
ling to give the executive alone an
absolute veto, was in favor of associ-
ating with him the judges of the
Supreme Court,and authorizing them
together to WELD that power. Mr..
Madison observed that "the great
difficulty in rendering the executive
competent to its own defence arose
from the nature of republican govern
| ment'-''an association of the judges
in his revisioAary function would both
double the advantages and diminish
the danger. 1t would also enable the
judiciary department the better to de-
fend itself against legislative en-
crOachment-whether the object of
! the revisiOnaTy pOwsr was to refrain
the legislature from infringing on the
coordinate departments, or on the
rights Of the people at large; or from
passing laws unwise in their princi-
pie or incorrect in their form-the
utility of anneXing the wisdom and
weight OF the Judiciary to the exccu-
tiveseemed incontestable." Colonel
Mason was for giving all possible
weight to the revisiOnary institution.
''The executive power ought to be
well secured against legislative usur-
| patiOns on it. The purse and the
sword Onght never to get into the
same hands, whether legislative or
| executive" y second effort was made
| by Mr.. Wilson after the first had fail
ed. Mr.. Madison seconded the motion,
considering that it would "be useful
to the community at large, as an ad.
ditiOnaI check against a pursuit of
those unwise and unjust measures
which constituted so great portion
OF our calamities." He said: "If any
solid objection could be urged against
the motion, it must be on the suppo-
sition that it tended togive too much
strength, either to the executive or
Judiciary. He did not think there
was the least ground for this aprre-
hension. 1t was too much more to be
apprehended. that notwithstanding
this cooperation of the two depart
ments, the legislature will still be an
overmatch for them Experience in
all the States had evinced powerful
tendency in the legislature to absorb
all power into its vortex. This was
the real source of danger to the
American Constitution and suggested
the necessity of giving every defen-
sive authority to the other depart
ments that was consistent with re-
publish principles" q Vol. Madison
Papers, 1163.) Governor Morris con-
tended that the interest of our eXecu.
tive is so incOnsiderable and so transi-
tory, and his means of defer ding it Sc
feeble, that there is the justest ground
to fear his want of firmness in resist
ing encrOachments. He was extreme
ly apprehensive that the auxiliary
tirmness and weight of the judiciary
would not supply the deficiency. He
cOncurred in thinking the public lib
erty in greater danger from Legislative
usurpations than from any othel
source. 1t has been said that thC
, legislature ought TO be relied on a:
the proper guardians of liberty. The
answer was short and conclusive
Either bad LAWS will be pushed or not
On the latter suppOsitiOn no CHECK
will be wanted. On the former,
? strong check will be neccssary-anC
f this is the proper supposition. Whcl
: objected by Mr.. Martin that, as tn,
constitutionality of laws would come
= before the Judges of the Supromt
f Court in their judicial capacity, ant
thus to associate them with the exec
: utivo would give them a double ca
A pacity, Mr.. Martin, in reply, said
I eff constitutional discrimination O
3 the departments on paper were
G sufficient security TO each against en-
t croachments upon the others, all fur
v ther provisions would indeed be su
: perfiuous. But experience had taugh
5 US a distrust Of that security, and tina
$ it is necessary to introduce such
a balance OF powers and interests g
s will guarantee the provisions on pa
: per-" lib. 1872 TO close this refel
r ence to the opinions of the great me
who made the Constitution, Govern
or Norris said 1.-The most virtuou
j citizen Will often, Us members OF
i legislative body, concur in measure
Il which afterwards, in their privat
# capacity, they will be ashamed Of
r. Encroachments of the popular branc
:. of the Government OUGHT to be qua