The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-10

lind guarding RdRfnstfts nJnse15
!, Ey6 ttfg 3 but rcvertinS to The princl.
lples 81 Jefferson and Madison.
In 1850. Mr.. Jefferson Wfote 10 Mr..
Madison as follows: "T,be executive in
our governments Is not the sole, 1t 10
scarcely the principal object OF my zeal.
ousy. The tyranny Of the Legislature. is
the most formidable dread at present. and
win be for many years. That OF the ex-
ecutive will come in It's turn; but it will
be at q remote period" (3JeG.=. Works 8, }
he was urging the necessity of u Blu Of
RiohtJ 10 guard Individuals against the
tyranny OF Legislatures.
In another portion OF his works, he ex-
plains himself more fully on the subject.
"a 5B. WoEkG SOL Speaking Of the Con-
Sitution Of Virginia adopted IN 1776, and
then In force, he says: "All the powers Of
government, legislative, executive and ID.
dietary, result TO the legislative body.
The concentrating these In the ssme
hands Is precisely the definition Of
despotic government 1t will DO no ale.
Walton that these powers will be exercis.
cd by plurality Of hands, and not BY q
single one. One hundred and seventy,
three despots would surely be IS oppres-
siVe as one. /. = as little will 1t avail
US that they are chosen by ourselves. An
elective despoLism was not the govern.
ment VIC fought Tor; but one which should
not only be founded on Tree principles,
but in which the powers Of the govern
ment should be so divided and balanced
among several bodies Of magtstacy, as
that no one conld transcend their legal
limits, without being effectually checked
and restrained by the other"
Tie Sentiments Of Mr.. Madison on tho
subject c0rresponded with those OF Mr..
Jeiierson, Speakiug in the first Congress
OF the necessity Of q Declaration Of Rights
10 prevent Inc exercise Of undue power,
Mr. NJ. said: an our Government II is,
perhaps, less necessary 10 guard against
abuse in the executive department than
| In any other; because it is not the strong;
ar branch of the system, but the weaker,
Il the Declaration OF RiQhts,1 must be
Ileveled against the legislative, ior It is the
most powerful, and most likely to be
abused because 1t Is under the least con-
troIn -!
In this spirit the Constitution of 1872
wae man;festlv framed. and according 10
the authorize I have cited rom the 17th
New York Tenorts founded on Chsncel-
ior Kent'e wnrE, thc intent of Inc Consti.
tTt;on die IN ho discovered not alone by
cons;derinv the IvnTds nj any mart, hut
hT, oecertei1 ;r0 the general nIrn6se nj the
wboIe and nv cnnsiderinr The evil which
eTiSted calling for tho new enactment,
and the reme3v which was songht IN he
annIied,n C0nparinp the present Con-
stiiution with liz Dredeccssors, In pqri
nTterin, II was cerlainly the general mr.
no.e n The instrnment 10 impoge ddition.
Al restraints. and many OF them, upon the
T,eoisIature. 10 cnlarce Inc power OF
ne Executive and render both tho
Fxecntiye: and Judicial departments
mora indenendent of the LecisIs.
tive The Veto granted TO the Gov
srror tho nower n annointmcnt contem,
nlated hv Inc Constitution. and ina siIon.
lin ri ia Madisonian nrincinle tbst tfa
T.e1tslainre shonld have nothing N al
v;ih designoting the men who ara IN mi
The nfficrS are Striking nroois Of what I
have amid =.
Rnt an ingenious plsn has been devised
tn defeat In substance. while obeyinr in
form the constitutions prohibition AGAINST
legislative appointments 10 Cf!lce. Willie
il Ii conceded that the Legislature cannot
assign 10 certain persons by ,!unia the
power and duty OF appniutinr Others 10
6fTice. because Ills would be 10 srD0int
IN office the persuns sOpnrur,l. il IA argued
that Inc Legislature may amer Ia exist.
ing offices The functions al Byn,d Of !
Pablic Works mud Public Appointments;
for this, tits said, Is only prescI Ibing The
powers and duties oil existing Offices, the |
iucumbents of which have already been
elected or appointed by lawful authority.
The opinion Of Judge Swan Is quoted
BY our opponents from z Ohio State X. |
571, 572, IN support of this proposition.
But it was not an opinion Of The Court,
and so far as appears, no other Judge con.
CURED in It. The Court decided that the
General Assembly OF Ohio could not con.
fer the power OF appointing 10 office on
Kennon, Medbery and Caldwell. The
question whether they could confer such |
power on existing officers by their official
designations, was not In the case before
the court, and the court, therefore, very
properly said nothing upon the subject. |
| need not say that The opinion Of . sin |
gle Judge, under such circumstances, upon
= supposed case not before the court I0r
decision, Is not authority. No other au.
thority has been referred TO, to support
the distinction taken by the opposing |
counsel, and tho decision in tue NORTH
Carolina case % directly to the contrary. |
,nlIf the Legislature could pass lhG act OF I
anuary Il, 1873, theiy1, can, rGpealit I'll
they could ro.oFganize tlIe Old Board Of |
Public Works and give vitality 10 il. illey |
can ra.organize tho present one. If they |
can GRnSz The functions OF Board Of |
Bubble Works and Public Appointments
TO the existing offices Of State Snperin.
tendent Of Free Schools, Attorney Gener.
al ,Ec thew can AZ anv lime dt11n ~, |