The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-10

e lrg Inc true meaning Oi any eeCtIou
| by comparing il with other sections
aGd fading out tue sense OF one clsus
= by the words or obvious intent q
. another. Cooley Const. Lin. p. 81
recollecting always that it is the inten
ton Of the people who adopted it, rs,he
: than the form OF expression used In an.
} particular clause, which is TO be regard
ed. Cooley 55.)
, In q constitution. beyond any otbei
instrument, different clauses quality
each other, one limiting or explaining
the other, or constituting "a exception
to it. This results necessarily from tbs
brevity ct the instrument, the nature
and extent OF TIE subjects OF which il
treats, and the generality OF its pro-
visions.
| Where legislative power is limited
either by the prohibitions or affirma-
tive provisions OF the constitution, the
Limitation cannot be rendered Intellectual
by any device. The constitution re-
CARDS substance, not forms; the thing,
not the name. Us New York R. $50,
563, the People .. Drsper)
The people in the constitution have
said to the Legislature. "You shall not
appoint to office. With one exception.
that each House shall appoint it own
officers, the power ofsppointmentis is not
entrusted TO you"
No such provision is to be found in
any former constitution OF Virginia or
West Virginis. In the constitution Of
other States, it is to be found in the
latest only, and l believe it will be found
in all the recent ons,
And.why is thisl Because the people
have been convinced by experience, that
IF there is q principle" Ito repeat the
words OF Madison "in any free consti-
tuition more sacred than another, it is
that which separates the legislative,
executive aud Judiciary powers" not
merely by form OF words inserted in
the constitution, but which separstes
them in substance aud effect; and "Ii
there is any point in which the sepa-
ration OF the legislative and executive
powers ought to lie maintained with
greater caution than another. it is that
which relates to officers and Offices )"
and because the people have been con-
vinced that the Legislature ought to
have nothing 10 DO with designating the
men 10 I'll the offices"
To take the power Of appointment
either directly 10 the hands OF the Leg.
islsture, or substantially under their
control, is to concentrate the powers OF
the government in effect in one De-
partment; and under such a system the
independence ofthe other Departments
cannot be maintained, and there can be
but little security for the rights OF indl-
viduals or minorities against the domi-
| nsnt party Of the day. 1t is to surround
the legislative body with tae solicita-
tions and intrigues OF a swarm Of Office
seekers-to subject them, perhaps, 10
corrupt infuences-and 10 pollute the
streams OF legislation at the fountain
head.
II we compare the constitution oi
Virginia OF l776 with those which have
succeeded it in Virginia and West VIr'
ginia, we cannot fail to observe the re-
markable progress which has occurred
in one direction. The constitution Of
l776, entrusted almost everything 10
the legislative will. The constitution
of 1880, 1851, 1868 and 1872 were,
each one more restrictive than it's pre-
decessor upon the Legislature, aud the
last one far more than the othsrs. And
such has been the general course Of
things in other States. We have learn
ed the necessity OF limiting the legisls
tive power and guarding sgains; its
abuses.
Even this is but reverting TO the
principles Of Jefferson ard Madison.
In 1889, Mr.. Jefferson wrote TO Mr..
Madison as follows: "The executive 10
our government is not the cole, it is
scarcely the principal object OF NY
jealousy. The tyranny OF the legis-
la,ures is the most formidable dread at
present, aud will be for many years.
That OF the executive will come in its
turn but it will be at remote period"
6 JEFF Works s. He wss urging the
necessity OF Bill Of Rights to guard
indiyidua ale agains. the tyranny OF Leg
islatures.
In another portion Of his works, he
explains himself more fully on the cub
jsct. g JEFF. Works 36l.) Speaking
Of the constitution OF Virginia adopted
in I7T6, and then 10 force be says
"All the powers Of government, legisla-
tive, executive and judiciary, result to
the legislative body. The .coocentrat-
ing these in the came hands isprecise
ly the definition OF despotic government.
II will be no alleviation that these pow
era will be exercised by q plurality OF
hands, and not BY single one. One
hundred and seyenty.three despots
would surely be as oppressive as one
Az little will it avail "a that they are
chosen by ourselves. An elective des-
potism was not The government we
fought for; but one which should not
only be founded on principles, but in
which the powers Of the government
should be 80 divided aud balanced
among several bodies Of magisiracy. a.
that no one could transcend their legal
limits, without being efectuslly checked
and restrained BY the others"
The sentiments OF Mr.. Madison on
the subjec. correspond With those Of Mr.
Je6erson. Speaking in the first Con-
gress Of the necessity Of Declaration
Of rigbts 10 prevent the exercise Of un-
due power, Mr. N. said: IN our
government itis, perhaps. less necsssa
~ TO guard against abuse in the exec
p6ve department than any other; be-
cause it IL not the stronger branch othe
system, bat the weaker. II (,be Dec
Isrstion Of Rights.) muEt be lereled
a- .bs ts1Isia.ive foy "A "a the farSf