The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-03-30
BY JOHN b. KNOX
President OF the Constitutional Convens
fional Of Alabama Of 1891

President OF the Constitutional Convens
tionai of Alabama Of 1901
In establishing this government our
fathers steered away from the direct
and discredited democracies OF Greece
and Rome and established here under q
written constitution a representative re-
public, which Mr.. Gladstone In truth
declares was the finest piece OF govern.
ment making ever struck Off BY any set
of men in a given time!
1t furnishes the one successful at
the people and for the people, in the
history of the world.
| 1t has succeeded not as in Greece
and Rome. by assembling the people en-
masse to try cases and pass laws, but
by dividing the government into three
coordinate branches, the executive.
legislative and judicial, each separate
and independent of the other, and each
equal in dignity and In power. More
than this, 1t In one government as to
national affairs and foreign interests
and many separate governments as It
affects the local and domestic interests
of the people. Unsettle this balance,
make one branch Of the government sub
ordinate to another, and you overthrow
your constitution and plant seeds for
the destruction of your government and
the loss OF your liberties!
And mark you, each In its RESPECTIVE
capacity In appointed by and in the sery.
ant and Representative and under the
control Of the American people!
Now il the people can appoint q good
executive they can appoint good legisla-
tors and good judiciary. The fault,
fault there be, is not with the system,
but with the people themselves
III
Again, each department Of this gov.
eminent Is q trustee to the people both
for upholding and for administering its
own jurisdiction. Not upon democrats
nor upon republicans, but upon demo-
Gratis and republicans alike when an Is.
sue arises which involves the preroga-
tive of the branch of the government
which he is entrusted to administer.
The power to declare war far instance,
is invested by the constitution in Con-
gress, and Congress would render itself
infamous should IL allow this power to
be usurped by the executives! On the
other hand, the power of making trea-
| ties of peace. and other treaties, is in.
VcSCeU
the advice and consen, OF the Senate"
and and each would be recreant to its
duty and unfaithfuI to its trust, should
it fail to perform its proper function
III
But please observe, the power of me-
gotiating and making treaties of peace
was not invested in the executive alone.
The constitution provides that the
| President ..shall have power by and
with the advice and consent of the Sem
ate to make treaties. provided two
thirds of the senator's present concur"
In this duty then the Senate exercises
quasi executive functions. 1t is in q
certain sense a co-executiye with the
Our fathers who rescued from the
wilderness the magnificent domain we
enioy---who framed our constitution and
established this government. 1t seems.
did not altogether confide in the super
lative wisdom and inspired altruism of
either department of the government
and hence the system of checks and bal
ances and divided authority provided in
the constitution, the wisdom Of which
in every year becoming more apparent I