Jefferson jimplecute. (Jefferson, Tex.) 1907-1926, 1911-12-08
A SPEECH MADE BY CAPT. TODD

speech made by Hon. Geo. T.
Todd in the campaign for dis
trict Judge in 1876, when Hon
Harry Rogers, NJ l. Crawford, b.
T Estes, w II Christian and him
self were competitors for the po-
sition; Judge Estes was elected;
In the formation of every
system of government, especial
ly of one founded upon the popu-
lar will as made by the people
for the people, some established
principles must be adopted.
In imitation of the constitu-
ton of the United States, made
by our wise forefathers, that
magma charta that stands without
a parallel in the worlds history,
as beautiful harmonious sys-
TEN of checks and balances, no
one man nor set of men, and no
one branch of the government
can ever WELD undue powers
upon the same great and funda-
mental principles underlying the
constitution under which has
grown up a people second to
none on earth in wealth, prosper
ity and greatness, made by the
heroes and statesmen of the Rev
olution. Our State constitution
divides the powers of govern
ment into three great and co-or-
dinate branches, which are dis
tinct from and independent Of
each other so far as human frail-
ty will permit; with power in no
one branch to trench upon the
right or prerogatives of either of
the others.
In England the crown, or exc
cutive power is by far the great
est. The king holds both the
sword and the purse. The right
to declare war, and almost unIim
tied command over the wealth of
the nation, with veto power
over every Legislative act.
Hence the necessity that arose
in England history to force from
King John those rights which
are incorporated in the Magma
Charta, and by virtue of which
her Judiciary has been rendered
independent of the crown.
The crown. too, is independent
of the courts. By England s
common law the king is the foun-
tain Of honor and power the
king can do no wrong. " Our
president for several years has
been universally known as the
fountain of dishonor and cor
ruption; and if any maxim could
be applicable to u. S Grant, it is
that he can do no right. Under
our form of government the ju-
dietary both state and fedora
must act Independently of and a
check on both the executive and
the legislative debartments OF
government. What security ,o1
relief is there to citizen of Tex
as if her legislature should pass
an export facto law, and make
the acts criminal which were law!
full, when done. There is none
save by an appeal to the courts
for the protection afforded by
the Constitution. Had we not
an independent and faithful ju.
dietary our rights might be lost,
or revolution and civil war might
at any moment light its blazing
torch, kindled by the imtemper-
ate acts or hasty zeal of our I'M
checked Legislators and execu
tive. If the legislature trenches
upon the rights of a citizen, the
| judiciary interposes and stops ii
short. Instead of a resort &c
arms, there is a better and q
| peaceful appeal to argument
| The governor holds the sword
and is the head of the militia
should he or his suborninates
dare trample upon the smallest
right of a citizen, the judiciary will
extend its iron hand, holding the
| sacred writ Of habeas corpus, be
meath whose sheltering aegis, the
| poorest citizen finds refuge.
! Observe how tremendously this
great system of checks and bal
| lances operates. The legislature,
the agent of the people, source.oi
| all power, is so divided that one
| branch acts as a check on the
other; and should party faction
| or the violence of passion bear
both away, the Executive stands
EARNED with the veto power And
| if all these fail, as alas, our histo
/ ny has shown may be case, ther
| we have the final check-one last
/ hope Of liberty, i'm the action ol
/ an independent and incurrupti
BILE judiciary. As has been beau
tifully said. Our government is
/ supported by three Independent
I pillars-the legislative, the ex
I ecutive and the judiciary, and
/ If any rude hand should pluck
either of them away, the splend
"A b. ..rr.t So. f.f. -.