Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-03-06
EEGIsLATavE UsURPATlON.
Dangers Of Escronshmenss ~
abe Legislative Body.-.The
warming Of sIse Fathers.
From tie Federalist.

II a Government where numerous and
offensive prcrogativcs arc placed in the
hands OF nm hereditary monarch. the Exec
utiye Government is very justly regarded
as the source OF danger, and watched with
all the Jealousy which zeal for liberty
ought to inspire. Ia Democracy. where a
multitude Of people exercise in person the
legislative functions, and are continuity
exposed BY their incapaciy for regular de
liberation and concerted measures to the
ambitious intrieues OF their executive mag
i.trates, tyranny may well be apprehcnded,
on some favorable emergency, to start up in
the same quarter. But IN . representative
republic. where the executive msgistracy
il carefully limited, both in the extent and
duration Of its power, end where the lsgis-
lative power 10 exercised By an assembly
which is inspired BY q supposed influence
over the people, with an intrepid confidsnco
in its own strength. which 10 ~ fliciently nu-
merous to feel al the passions which actuats
a multitude, yet not SO numerous a. 10 be
incapable Of pursuing the objects OF its pas
sions by means which reason prescribes,
i, is against the snterprising ambition Of
this department that the people ought to in
dulgs oil their Jealousy and exhaust oil
their precautions.
The Legislative Department derives it's
superiority in our governments from other
circumstances Its constitutional powers
being ~ once more extensive and less sus-
cept Bile Of precise limits, it can with great
er facility mask under complicated and in
direct measures the entertainments which it
makes on tho coordinate departments. II
is not unfrequently question OF real nicely
IN legislative bodies, whether the operation
Of . particular measure vii! or will not ex-
tend Beyond .he legislative sphere. On the
other side the executive power being re-
strained within 3 narrower compass, and
being more simple in its nature, and the lu-
dietary being described by landmarks still
less uncertain, projects OF usurpation by
either Of these departments would imme
| diately betray and defeat themselves. Nor
! is this all. AS the Legislative Department
alone has access 10 the pockets Of the peo-
pie, and has in some constitutions full dis
c, elton, ANA in al a prevailing influence oveI
the pecuniary rewards Of those VINO I'LL thu
other departments, = dependence in thui
creating in the latter which gives still great
er facility to entertainments Of the former
have appealed to our own experience o
the truth Of what advance on this subject
Were it necessary 10 verify this experience
by particular proofs. they might be multi
piled without end. might collect vouch
crs in abundance from the records and ar
, chives Of every State in the Union. But q
moro concise and al the same time equally
satisfactory evidence, l VIII refer to the ex
ample Of two States, attested by two unex
cept enable authorities.
The first example is that of Virginia,
State which, as We have seen, has EXPIRE ST.
declared in its Constitution that the thre
great departments ought not 10 be inter
mixed. The authority in support Of il i
Mf. Jefferson, who, besides his other advan
. tAges for remarking the operations Of til
government, was himself the chief mag 8
trate Of the State. In order to convey full
the ideas with which his experience ha
Impressed him on this subject IT i'll be nee
. esary to quote passage Of some leng,l
from his very interesting Notes on III
state OF Virginia. G95.")
IAN the power Of eovernment-legisla
tive, executive, and Judiciary, result to til
r legislative body. The concentrating of ,hes
IN the same hands is precisely the definitio
OF despotic government II will DO no q
, lewiston that these powers will he exercise
by plurality OF hands ard not by a singl
one one hundred and seventy five ds
spots would surely be as oppressive q. ons
: Let those who doubt il turn their eyes 0
the Republic Of Venice. As little will
avail US that they are chosen by ourselves
An elective despotism is not the govern
mrnt we fought for but one which Shout
not only be founded on free principles ., bu
| -, ,c -,
be divided and balanced among sever,
bodies OF tbs magistracy as that no on
could transcend their legal limits withou
being etfsctually checked and restrained b,
the others. For this reason that Convsr
ton which passed the ord Of govern
ment laid its foundation on this basis, ths
the Legislative, Executive and Judiciar
Departments should be separate and iii.
: tinct, 40 that no person shout exercise tn
powers Of more than one Of them at h
/ same time. But no barrier was provide
I between these several powers. The Judi,
larry and Executive members were left d,
c pendent on the Legislative for their sui
D sistcnce in office, and some Of them for COZ
b tinuance in it. r. therefore, the Lcgsl
ture assumes Executive and Judiciary pov
{ ers, no opposition 10 likely to be made, II,
: il madc can be cFsctual, because in tn,
! case they may put Their proceedings int
the form 0. an act of Assembly, which wi
Q render them obligatory IN the oths
: branches. They have, accordingly. in man
instances decided rights which should hav
been left 10 judiciary controversy, and I'll
direction Of the Executive during the Who'll
time Of their session is becoming hahi,us
and familiar
The other State which shall take for n
example Is Pennsylvania, and tine other au
, thority the Council Of Censo,s, which a.
scmbed in the years l7s3 and 1884. A par
Of the duty OF this body, a. marked out b
the co stitution, was 10 inquire whethe
the Constitution had been preserved insic
late in every part, and whether the Legisli
tive and Executive branches Of Government
had performed their duty is guardians
{: tie people, or assumed to themselves or e,
J ercised other or greater powers than the
are entitled to by tho Constitution" In Iii
execution Of this trust the Council we're no.
essarly led to comparison Of both the Lee
isla,ive and Executive proceedings With th
constitutional powers of the. dc ,artmsnts
and from the facts enumerated, and to th
truth Of most of which both sides in tn
Council subscribed. it appears that the Cor
stitution had been figrantly violated BY III
Legislature in variety Of important In
stances.
COncernlng Aknaiugs "A Curaai,
Lecture 40 Mrs. Mark rW ain.