The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1903-05-30
;, Conversations OF Our Club ,
By Orestes A. Brownson

The discussion of the administra-
ton OF the laws of the land is con-
tinued this week, special reference
being made to the distinction between
the duties of the legislation, executive
and judicial branches of the govern
ment.
When the political, legislative, ex-
f., ecutive and judicial powers of govern
ment," remarked Diefenbach, "are
united in the same hands, there may
be despotism, but there is no state, no
recognition, at least no guaranty, of
freedom, no protection of natural
rights. The glory of the American
government is not in its democratic
features, but in its wise and Just d.
vision Of the powers of government
into distinct departments, division,
which has as its reason in the very
nature of government. With you the
powers of government are distributed
into four departments, the political, the
! legislative, the executive and the jul
dicial. The political power is the con-
vention; the legislative power is vest
ed in the legislative assemblies, sub
ject, in some instances, to a condi-
tional veto by the chief executive Of
ficer; the executive power for the
Union is vested in the president; in
the several states in the government
alone, or in the governor and council,
the judicial power is vested in the SUI
preme court. The executive executes
the law as declared and applied by the
! judiciary, and can execute it only as
so declared and applied. The legisla-
tive power may enact any law it
please, authorized by the constitution,
or in the state governments, not for
hidden by it. The political power or
convention may authorize or forbid,
through the constitution, what it
pleases, not in contravention of natural
justice, or what in this country is
called the natural rights of man. The
judiciary decides whether the politi-
cal, as we'll as the legislative power,
transcends the limits of natural JUS
tice, and eclares void the acts of
either, when it judges that it does"
Therefore" added Father John,
1.-The judicial is the more important
department of government, as being
that which restraints arbitrary and un-
just power, and protects the freedom,
the rights of the subject or citizen.
The judiciary protects the rights of
the citizen in face of the political SOW.
ereign as well as in face of the legis-
lature, the executive, or his fellow-cit.
liens or subjects. The Office of judge
is. therefore, the most essential, the
most vital, and the most dignified in
the state. So long as the judiciary re
mains incorrupt and Independent, sc
long as it firmly insists on it's rights
and fearlessly performs its duties
though there may be political blum
ders, though there may be many impol
itic laws, and many foolish legislative
enactments, there can be no gross op
preston, for substantial justice will
be affirmed and injustice repressed. II
is deeply to be deplored, that the high
dignity and vital Importance of the
judiciary have, in a measure, been lost
sight of in late years by the public
in consequence of the tendency, in
sanely encouraged, to threaten us In
consequence of the unwearied efforts
on on the part of political leaders and
demagogues to render the political
power absolute. The judge has come
to be looked upon as mere executive
officer, whose official duty is simply tc
declare and apply to the case before
the court the will of the political
power, or the sovereign people; and
he is regarded, even by honest and
intelligent men, as transcending his
powers, as abusing his Office, if he
attempts by his decisions to confine