New-York tribune., 1912-03-09
What Webster Said.

| cannot state the necessity for maintain
ing the checks and balances in a constitu.
tion to secure the guarantee OF indlVldual
rights and well ordered liberty better than
by quoting from Daniel Webster. He said:
The first object Of free people is the preser-
walton OF their liberty: and liberty IL only to be
preserved by maintaining constitutional re
stralnts and Just divisions OF political power.
Nothing is more deceptive or more dangerous
thsn the pretence OF n desire 10 simplify gov
ernment The simplest governments are despot-
isms; the next simplest, limited monarchies; but
all republics all governments OF law. must i'm
pose numerous limitations and qualifications OF
authority and give many positive and many
qualified rights. In other words, they must be
subject to rule and regulation. This is the very
essence OF free political institutions. The spirit
OF liberty is indeed. bold and fearless spirit:
but # is also a sharpsghted spirit: II is a eau
tious. sagacious. discriminating. farseeing in
telligence: it is Jealous of encroachment jealous
OF power. Jealous OF man. II demands checks;
1t seeks for guards: II insists on securities; Il
intrenches itself behind strong defences and for
tifes itself with all possible care against the as
saults Of ambition and passion. 1t does not trust
the amiable weaknesses OF human nature, and
therefore 1t Will not permit powerlto overstep
its prescribed limits though beneyolence good
intent and patriotic purpose come along with IT,.
Neither does IL satisfy itself with hashy and
temporary resistance 10 Illegal authority. Far
otherwise II seeks for duration and perma-
nence. II looks before and after. and. building
on the experience OF ages which are past, II
labors diligently for the benefit OF ages 10 come
This is the nature OF constitutional liberty; and
this is liberty, II we will rightly understand
and preserve 1t.
Every free government Is necessarily compli-
Gated. because all such governments establish
restraints. well the power Of government
itself as on that Of individuals. II will abol-
sh the distinction OF branches. and have but one
branch; IL we will abolish jury tTials. and leave
it all TO the judge: II We will then Ordain that
the legislator shall himself be that judge and II
We will place the executive power In the same
hands. may readily simplify government
We may easily bring II to tho simplest OF all
possible forms-a pure despotsm. But a seps-
ration OF departments. SO far practical. and
tho preservation OF clear lines OF division be
tween them. Is the fundamental idea in the cret.-
tion Of all our constitutions. and. doubtless. the
continuance OF regulated liberty depends on
maintaining these boundaries.
These checks and balances. as has been
pointed out, include the division OF the gov
ernHent lnto three independent bIdncncS
the legislative, executive and the tudCi-
ary-and the provisions by which usurpa-
tion by one Of the functions OF another Is
forbidden. The Executive. while he Is bound
to act In behalf Of all the people and 10
regard their rights. is properly influenced
by that discretionary policy which he was
elected by his constituents TO carry out.
In that sense he represents the majority
Of the electorate. SO, too. the legislative
members. elected 10 uphold certain govern
mental views OF the majority will properly
favor the embodiment OF such views in
valid legislation.