rr - ° . ; ~:. ----, ~ 1 ..., , . r - ' ... r. ,'` '-: • 0 !. ": 7 " ik.1. 77 1 1 .il frf , . •`.. !' , l' 1 -, ,i 0 hne. : .. :, Z„'.l 4 7 ,„‘ i 1 ,2 1 ''• i - - " ''''. . , . . • • • - "- • - -.- , -r. • - .., .~ ; - t , ' '), 1 4 '': , - • s ; 1 7j i , . f...* ' 6 „r.' :11.: , ' ':' . ' , . .... ..:.1 ' . ... ~,. .......,. T ., . ...0.,. ~.,:: 4:". rs: , . . . ' : ;;"!.- ... , 1 :.... ----- '.:", :5 •••• 1, ;,„Silll ., :‘; t I . p..... ... ?...e! r-.' - •" 7 "-, ‘:" ' , Yf.. '' '''.• l; •-•,., ~..... .a ~, r• '`=`,.. '. • -,, •'a ri.l. ''' ' ' ' t ; ' ''''-•• '' • • /.. ~;-. i: -. . . ,t-' ' ."--rrik,,,- ~:',,, . ..7t iiii ~•.,..,_,. "i . , .'4 % . I r .- ',.,,,f, ,""•.-,./ -rt . .. ..r-1 • r t -;„ ~; - -,3 :N. : - • ( •-.,-;± - . ~...z.,..-...-_, ...- . , - ..,'0, :•,`'.". - ' - :,••'•i. .' ,Iti a - , -'';i‘ • '-' ,-,, z. ti,.! 4,1. -1• 4 1 , , ":',;', . ••,- ..Y 'ai,' -- , • , ..5. -s - • . "..;' •-- : - 1. t ._.' i !,', '!lti i. 4 .1, ',..:•••• i r., f,:14 - ' L I ''''.. 4 •.. .-4, -.. , ',, , i' -4•• Z. ' lrt ‘ i. :,*(.; '"A : ,--.... .. IQ • 1 , , .t4r/' ..-.• p , s, ?,,TA t; - .1. "/., .P, ~,.: t.'l. ',l • .."--, ~:., • ' 7 , 1 ,= '-'l•2 -,;•,,.' 11 .- 4 a it i tc, 1 .. 1 . iri .....f . , '').... . 4 . . -- A ,-,., 1. ....„ „ i 0 , .-- 35 ....'4 , r -›; ';',; .. •''. - , 0 , ~, ~.., : , ;-.... ..g • i .. A. J. GERRITSON, Proprieio' ' 4 I7M I TC," Of the Bill to establish Negro S of frEtea in tlis Disttic of Columbia. a people, their will should exert - at least a reasonable jetluenee . upen..these - Who are acting Would; .f or,inatince, the. Legislature of the.state of,bleF„Yor/r.,...er.,0f Penesylva nia, or,ofrtidiana, or Oe...aley State in the To the Senate of the United States: Union, in'opposition to thereepressed trill I have received and Considered a bill of a large majorityy . of tbe people whom entitled "An act to regulate th e &Active they'Verir4Woh.d.torepreseet; arbitrarily franchise in .the District of Columbia," i force upon them, as voters,- all persons of passed by the Senate on the lath of De- the Afritittlyor [Pero eatif, and make - the - hi cember, Und.filthe I.4OtTSCOrIP - Pi•esenta- eligible f4it'Offid&,"Without any other %pal tives on the succeeding day. It was pre- iff,9,4tion.t-lien 7 a;ciftaip term of readenee seuted for my approval on the 26th ulti ... - within the State In neitber of the States 1110- 7 - biz- 41 aP 3 after th e . PmePrtrql named would the colored population, Ccingresi—and-is' now returned with my ! when acting together, be abteto produce' ohjections, to the Senate, in which House' any great social or political result. Yet it originated. - 1 in New York, before he can vote, the Measures having been introduced at the ; man of color must fulfill conditions that . commencement of the first session of the are not required of the white citizen ; in present Cure*teSs for the exteniion of the ! perms ) leania the elective franchise is re elective fratichise to persons of colt'r in i' striated to white freemen ; while in Inch the Di strict . of Columbia, .steps-weretk; Etna negroes and mulattoes are expressly 1115- ken 1115 +-authOritiesbliYasti excluded from the right ofsuffrage. ingtou and Georgetown, to ascertain and It hardly seems consistent with the make known the opinion of the people 01 . l principles of right and justice that repre the two cities upon a subject so hunted i-r sentatives from states where suffrage is ately affecting their welMreas accommun- ! either denied the colored man, or granted ity. ! hint on qualifications inquiring intern- The question was submitted to the pee- genes or property l 'sliebtd. Compel the peo ple at special elections, held in the mouth ! ple,of tlio, District, Of ._.(ialniubia toAryi au ,1 December, 1865, when the qualified vd- I exHrietent'efitieletheit'-601 eonatiidenii tors of Washington and Georgetown. with : have- thusfar shown an unwillingness to great unanimity of sentim en t, expressed tek for themselves. Isl'or 'doe's it accord ,11, , niselves opposed to the contemplated., with our republican ideas .that the princi irisht ion. , pie of self-government shouliflose its force- I.; Washington, in a vote . of 0556--thi.' when applied to the residents of the Dis hrgest, with but two exceptions, ever' trict, mereV because their legislators are oc!led in that city—only 33 ballots were . nol,..like those o 4 the State? , responsible, cast for'negro suirragi; while in George- 1 through the ballot, to the: people for tr,wn, in au aggregate of 813. N'Pte.i—_--a whom tbey• are the law-making power. number considerably in excess of' the av- : The great object (.f placing the seat of (r.i.:e vote at the fear preceding annual . goyernment under the exclusive legisla- I elections—but one was given in ‘ 7 .:as or_ of i tio n of Cou : rress was to secure the entire I he. proposed extension , of the elective independence of the General Government franc'...i-,.. frum 'indite State influence, and to enable ! As these elections seem to have been' it to discharge, without -danger of inter r..inlnet ed with entire fairness, the result . ruptiun or inf.imvenient of its authority, rinHt be accepted as a trut hful expression the high ftinct ions for which it was crea ,.fthe opinion of the" people-:of the Dim- -14 Led 1. y the people. , i , ..t ap•ut the question which evoked h. I For this important purpose it was ceded I'es . -essing, as an organized dommunitY, 4 to the United States by Maryland and : use ,:a:lio popular right as the inhabitants Vir g iLia, and it c.ert aitily never could have a :.I:tte Lt. Territory, to make known : b ee n contemplated, as one of the objects • h-ir will upon 'matters y,hich - ;:fi't et to be attain'ealTplAciti , i'iCulider the ex- , 1 i-Ir s ,-, oial an i political condition, they ; clusi,e.p i k0 .i... 4 1L.1,..... ..r /1..,..-------- _,--• .. 1 - ~.ahl h., , •ii :•:•etectot no more appropriate wo,,,,tau t oeu-,t0.1 - 4?-pagimuisis4l4. : poitee.-ai )ode of meniortalizing Congress upon life ' parties:a, iilaCti fur-en ei-perimental-test of , s,,Heet of this Lill-than through. the.i.uf- their principles and -I heories. - , , . ...._. . .rages of their qualified Voters. .. -- • - ' While,lndeed, the..i4ldents of tf,A:tea( 'Lithely disregarding . the wishes of the of gove t, .pmen are. uot,..eltizens cif any 'l-n ,' , . of II"' Di el f . (Thlintil'i'i , (- 7 ' . . - stat aila are.uot, therefore, allowed -a ~:.re,, has deemed it right and'expedient toffee in the electoral college, or represen- ' o) j .lss the measure now "bwille4-1 for tatiun in the counci:s of th.e . nation, they ~1,: sigtriture. It therefore bccomes•tlie I are, nevtTrtheless, - nierican citizens, enti ‘;:.tv of the Executive, standing between tied as such to every guarantee of the '''' ; '" , : i ' l " liu " (11. -the tic an` ll.ll -'- i wi ii o f Constitution, to every benefit of the laws, • rite other . , esirly,-4pr*edi;lo . a 6tcrite :i„,l to every right which pertains to the \+ I:ether be sinitild .ap,prev&i,the bill, fond- citizens of our common country. , thus aid in i k lacitig-upon the statrtebo(As , In all matter ,, then a ff ect i ng - t h e i r do 1' nation nla wtgainst'whinir the pee rt-;t mestic afftirs, the spirit of our democrat-' ple to whorn it is to apply havens ..t. form of government demands that their ' and with such unanimity protecsrlAmo.zr-i; it hould whether he should return. t with his ob- . 1 wishes s eel ' and taught to feel that, although they b© consulted and respect i,-ctions, in tbe hope that, upon reeensid eration, Congress, acting as th nut permitted practically to participate in e represen-.. tatives of the inhabitants of the seat of o nat i ona l tincernFs they ere nevertheless governineni, will permit them to regulate,. Limier a paterull. government, regardful of their ri:dits, p l . indful 4 44.4: wanisi,aud a purely local question, as to tht - to may s Ai t ,i t e l t; 4 .f o r t teif pkosperitY. It vrnA . ev' • seem best suited to their interests, omit , jaor coenmet aplated Out ell local pies condition.' ' Lions would be -left to tbeir decision, at The District of Columbia wa s Cr- ‘ aed t° ! l e a s t to , ,An e xt e nt that would not be in the United States by Maryland and Vit.- ginia, in order that it might ' cetnpatible with the object for which become the ' ' i Congress-was greeted exclusive. legisla 7 i , t;enritient seat of government 4 the C. lien over the geat nr goVeiitment. - I amt su :s:ates. Acce ec t-To pted " th by C "ongre usss, it at legi once i When the Constitution was yet under R•bje exclusive sla- ) (.01D.ideration, Lion" for which provision is made in the ' it was -assumed by Mr. I Madison that its inhabitants would be al- Federl Constitution. It should be born?, lowed " municipal legislature for local in mind, however, that in exercising its.t 1 f , ractions as the law-tusking purposes, derived from their own snffra aking power of the ! _ cs. „ District Of Coindibia,-the When for the first time, Congress, in national : legisratnre is nciewitlio r nt Ilinit but that Cciregreks ishound to observethe , the year 1800, assembled at Washington, letter and spirit of the Constitution,Adams, as i President in his speech at its well in iliPenUctment ofloearlaWs for the r ,s , l onetime ,. reminded the two houses that it seat of government, as in .legislation•conc 1 was for them to consider whether the le mon to the entire Union. . , . . , cal powers of the District of Columbia, Con- Were. it • to be'adailue-.'- in e .- ati vtjle ii•ol l t, I vested byjlie, constit4tiort,lq_ the . lc • f the triated'Start6, Albin be im "to ' 6.X6felio exclusive lfgis t 11 2, 01 in 1 0 . .. ...„ - • • ..r y r,.i ji i 1 meat Ni t A .d., aff cases - isrliuppever, ::pniferred ip at - tier, Ise_ iond Vie ,Oka . them Con.Tess_unlimited power.withili c tlieDis- I t "'Aside . e• itls - Che ea - Pilot Of 'a great ' ••••• of Cot - , ttlii '' ' .'.le 411 t.,..; • ; -,. - ,4 ) i n ° 4,o L e - ; . 445"0 - Pplug — iiili unexampled -*a= triet. of Annabli,Ltitles ofnoliilitftnight be granted - -within its bomadariei laws might be made " respecting .an establish . - ment of religion,„or,prohibiting the free exercise thereof; or abridging thefree dom Or the - press - ; 6rtheright of tlie - yeople peaceably to assemble and to petitton'tbe- government for • a redress of.grievances ! !! Despotism would thus. rule at the seat of government of a tree republic, and as a place of permanent res idence, it would he avoided by ail who: prefer the blessirigeof liberty to the mete emoluments of Official It sliould 43cite retueli:hero that in legislating for the District: of Columbia; under the Federal Constittitlo,:the rela tion of Congress inhahitants is anal ogous to that of a 'Legislature to the pee: pie of a State, under their' wn local Con. satiation. It does not; therefore;:semnto be asking too much that, in matters p e r= tainina to the District, - Chngtiss should have a b like respect for the and, incart ests Ohs inhabitants as is entertained a,State :Legislature for the wishes and . prosperity of those for whom they legis late. The spirit of our Canatitntion; and the' genius 'of our g - o'Verittaelit'retllM that, irr regarittb any law - Which is t 94 feet and have a permanent hearia tit* nidity in artte,in-c - ommerce, in weilth,and white to colored males over twenty years in population, • and possessing within it- of age was one hundred and thirty to one, self,,thpseAtelarCres - lvtliqhi - Ifilot thrown here the black race constitute nearly one away lanientahly ;'Lnisdirecied, would third of the entire population, whilst the secure to it a lung course of prosperity , same class surrounds the District on all and self-government." Three years had sides, ready to change their residende at elapsed-when- Congress was ealled-upon I a moment's notice, and with all the facia to determine the propriety of retroceding ty of a nomadic people; in order to enjoy to Maryland and Virginia the jurisdiction here, after a short residence, a privilege of the territory which they had respect , they find nowhere else. It is within their tively relinquished to the government of power, in one year, to come into the dis the United States. It was urged on the trict in .s-uch numbers as to have the sc one hand, that exclusive jurisdiction was I preme control of the white race and to not useful or necessary to the govern- govern - them - by their own 'officers and by ment ; that it.deprived the inhabitants oft the exercise of all the municipal authority the District of their political rights ; that —among the rest, of the power of taxa much of the time of Conaress was con- tion-over property in which they have no s , • sumed in legislation pertaining to it ;that interest. '• its government watloxpensiyel that Con- In Masdclinsetts, where they have en gross was not competent to legislate for joyed the benefits of a thorough educa ' the District, bOaus6,.ite'nletnbers were ! ttonal - System, a qualification of intelli , strangeki, (Oat 4tikeriti,,ruktf that it 4 geneeis required, while here suffrage is was an example of a oy ernn,ent, With ;:, extended•to all, without discrimination, out representation 7 -an experiment, dan- as well-to the most incapable, • who can tgeroilspfojtie „ liberties of the States. , prove a , residence in the District of one the otbei baud it was 61,1, uniting , year, ns to those persons of dolor who other reaseitiV'iti4,:viiice4ithily;, 1.40,4,h0 comparatively few to number, are perms . ~ coirsttueittetei , :,,if (sermon Vir. nent phabitanta, • and , 'having givren evi ginia and Martlairil contemidatddl,4o , dencejoimerit andi qualification, are•vec txercise of exclusive legislation by ton- ' tgaiec4 %tic Useful' 'lnd reSponsible ufeml MONTROSE, PA., TUESDAY, JAN. 15, 1867. gress, and that its usefulness, if not its ne cessity was ineerred from the inconven ience_which was felt for want of it by the Congress of the Confederation ;* that the people, themselves, who, it was said, bad Wen - deprived of their political rilihts,had not. complained , and did not desire a re trocession ; that the evil might be reme died by giving them a representation in Congress Arben the District should be come-sufficiently populous, mid in the meantime a local legislature; that if the inbahitanta had not political rights, they had great political influence; that the trouble and expense of legislating for the Dist i rict would not be great, but would diminish, and might in a great measure be avoided' by / a local legislature • and that Congress could not retrocede die in habitants without their consent. Contin uing to live substantially under the laws that existed at the time of the cession, and such' changes only have been made as were suggested by themselves, the 1 people of the District have sought, by a local legislature, that, which has been gen- ; erally conceded by the Congress of the. I nation. As a general rule, sound policy requires that the legislature should yield to the ; wishes of a people, when not inconsistent ; with the Constitutiod and the laws. The' measures suited to ono community might not be well adapted to the condition of another; and the persons best iivalified to determine such questions are to be direct ly affected by any proposed law. In Mas-1 sachusetts, for ilistance, male persons are allowed to vote, 'without regard to color, provided they possess a certain degree of Intelligence. In a population in that State of 1,231,060, there were, by the census of 1860, only 9602 persons of color; and of the males over twenty years of age, there were 339,086 white to 2602 colored. By tho same official enumeration, there were in the District of Columbia 60,794 whites to 14,313 persOns of the colored race.— Since tthen,however, the colored popula ,,ion of the istrict has largely increased, and it is estimated:that at the present time ; there are nearly a hundred thousand whites to thirty thousand negroes. The cause of the augmented number of the latter class needs no explanation.— I Gtrtill'AffiZt "Zt tiVifig - `the' war - Te - Came a place of refuge for those who escaped from servitude, and it is yet the abiding i place of a considerable portion of those who sought within its limits a shelter • from bondage. Until then held in slave ' rv-- , and denied all opportunities for men- tat culture, their first knowledge of god- ; eminent was acquired when, by conferr-1 in' upon them freedom, it became the benefactor of their race; the test of their capability for improvement began when,' for the fl . rst - tinte,lthe career of free indust • try and the avenues to intelligence were , opened to them. Possessing these advati- ; tab'es but a limited time, the greater num. ber perhaps having entered the District of Columbia during the later years of the ; war, or since its termination, we may well pause to inquire whether, after so brief a probation, they are as a class ea- , pablez of an intelligent exercise of the , t ri,..7ht of suffrage, and qualified to dis- I charge the duties of official position. The! people who arc daily witnesses of their 'mode of living, and who have become fa- i miiiarWith their habits of thought, have expressed the opinion that they are not yet competent to serve as electors, and thus become eligible for office in' the lo cal governments under which they live. Clothed with the elective franchise, their numbers, already largely in excess of the - demand for labor, would be soon increased by an influx from the adjoining States. Drawn from fields where employ. ment is abundant, they would in vain seek it here, and so add to the embarrassments already experienced from the large class of idle persons congregated in . the Dis tridt Hardly yet capable of forming cor rect judginentsupon the important ques-0 tions that often make the issues of a po litical contest, they could, readily be made subservient to the purposes of designing persons. While in Massachusetts, under the census of 1860, the proportion of hers of the community. Imposed upon an unwilling people, placed by the Consti , tution under the exclusive legislation of Congress, it would ho viewed as an arbi trary exercise of power, - and as an indien ! tion by the country of the purpose of Con gress to compel the acceptance of negro suffrage by the States. It would engen der a feeling of opposition and hatred be i tween the two races, which, becomin g ineradicable, deep rooted and would pre vent them from living together in a state lof mutual friendliness. Carefully avoiding every measure that might tend to pro duceel sisai relations s r s t i y a b i e n t e N d r e between endeavorpopular th e it o, such-a result, and followingthe clear a promote will,n d thus ll.e 1 a k sin i l i od id u l r y de r al I when that popular will leads the way, I prepare for the gradual and harmonious introduction of this new element into the political power of the country. It cannot be urged that the prep d 1 I ose ; I p-tension of suffrage in the District of ; Columbia is necessary to enable persons ;of color to protect either their interests lor their rights. They stand here precise ly as they stand in Pennsylvania, Ohio, I and Indiana. Here, as elsewhere, in all ; that - pertains to civil rights, there is roSt.h , ; ing to distinguish this c/ass of persons from Ii ' citizens of the. United States; for they pos sess the "full and equal benefitof all laws and proceedings for the security of per son and property as is enjoyed by white citizens," and are made "subject to like punishment, pains and penalties, and to , ,aione other, any law, statute, ordinance, regulation or custom to the contrary not withstanding." Nor, as has been assum ed, are their suffrages necessary to aid a loyal sentiment here; for local „govern ments already exist of undoubted fealty to the government, and al.e sustained by communities which were among the first to testify their devotion to the• - Union, and which,. during the struggle, furnished their full' quotas of men to the Military service of the country. The exercise of the elective franchise is the highest attribute (Ilan American citi zen, and, when guided by virtue, intelli gence and patriotism, and a proper ap preciation of our institutions, constitutes i the true basis of a demaeasssia ..s.. ss a, ssr . , -- —s--1 er is lodged in the body of the people. reference to the mast eminent writers up- Its influence for i good necessarily depends on our system ofgovernment, who seem upon the elevated character and patriot- to concur in the opinion that encroach ism of the elector, for if exercised by per- meats are most to be apprehended from sons who do not justly estimate its val- the department in which all legislative ue, and asi s ho are indifferent s to its re- - powers are vested by the Constitution. sults, it swill only serve as a means of pla- Mr. Madison, in referring to the difficulty cis; powir in the bands of the unprinci- of providing some .practiCal security for pled and ambitious, and must eventuate each against the invasion of the others, in the complete destruction of that liber- remarks that. " the Legislative Depart ty of which should be the most powerful ment is every where extendiugthe sphere conservator. Great danger, is, therefore, jof its activity, and drawing all power into to be apprehended from an untimely ex- its impetuous vortex." " The founders tension of the elective franchise to any of our republics * a a seem never to new class in 611 r country, especially when have recollected the danger frqm legisla the large majority - of that class, in wield- j tire usurpations, which by assembling all ing the power thus placed in their hands, power in the same hands, must lead to cannot be expected correctly to cornpre- the same,tyraany as is threatened by ex bend the duties and responsibilities which ecutive usurpations." In a representa pertain to suffrage. Yesterday, as it tire Republic, where the Executive Mag were, four millions of persons were held istracy is carefully limited, both in the in a condition of slavery, that had existed extent and the duration of its power, and for generations; to day they are freemen, where the legislative power is exercised and are assumed by law to be' citizens. Iby an assembly which is inspired by a It cannot be presumed, from their provi- supposed intlaence over the people,, with ous condition of servitude, that as a class, an intrepid confidence in its own strenth; they are as well informed as to the nature which is • sufficiently numerous to feel all of our Government as the intelligent for- the passions which actuate .a multitude, eigner who makes our land the 'home of yet not so' nimierons - as to-he incapable of hiseboice. , • pursuing the objects of its passioris-by In the case of the latter-/neither a real- means which --reason -preseribes—it--is deuce of five years, and the knowledge of against the enterprising, .ambition of this our institutions which it gives, nor attach- department that the people .ought to in ment to the principles of the Constitution, tinlge .all their jealousy and exhaust - all are the only conditions upon which he I their precautions." - s _ can be admitted to-citizenship. He must "The Legislative Department derives prove, in addition, a good moral charac- a superiority in our GovernMent from oth ter, and thus give reasonable ground for er circumstances. Its constitutional pow the belief that he will be faithful to the ers being at, once more extensive and less obligations which he assumes as a citizen susceptible of precise limits, it can With of the republic. Where a people—the the greater facility mask, under complies source of all political Tower—speak,-by i. ted and indirect measures, the encroach their suffrages, through the instrumental- ! ments Which it makes on the_ co ordinate ity of the ballot box, it must be carefully ! departments. On the other side, the ex guarded against the control of those who 1 ecutive power being restrained within a. are corrupt in principle and enemies of 1 narrower compass, and beiug more sim free institutions ; for it can only,becorue ' pie in its nature, and the judiciary being to our political and social system a safe described by landmarks still less uncer , conductor of healthy popular sentiment I lain, projects of usurpation by either of when kept free from demoralizing infleen- these departments-would immediately be ' ces. Coutrolled, through fraud and usur- tray and defeat themselves. Nor is tbis pation, by the designing, anarchy and des- i all; as the Legislative department alone potisin must inevitably follow. In the I has access to the pockets of the people, I hands of the patriotic and worthy, our and has iii some constitutions full disuse- Government will be preserved upon the. tion, and in all a prevailing influence over I principles of the Constitution inherited the'pecuniary. rewards of those who fill from our fathers. It follows, therefore, I the other departments, a dependence is i that in admitting to the ballot box a new thus created iti the latter which gives I class of voters not qualified for the*elec- still greater facility to encroachmentsssf I • live franchise, we weaken our system of the former. We have seen that-the ten government, instead of adding to its 1 dency of republican governments is to an strength and durability.. ' of the legislativot the 1 aggrandizement In returning this bill to the Senate-I ' expense of the other depart s , deeply regret that there• should be any bit.. Jeffetson,•in referring teillio early conflict of opiaion between the Legiala;iN ,enstitntion of Virginia, objeetell that by I Live and executive departments of the its, provisionS , 'ail .the powers of govern- Government in regard td measures that i ment—legfslative,, executive And. judicial vitality agent the prosperity and peace of !,—resulted to the legislative body, hold the country. Sincerely desiring to roc - t ing that "the ' Concentrating these in the , Oncile-the States with one another, and I same handS is precisely the definition of 1 the whole people to the government (di despotic government. It will be no alle the United States, it has been my earnest I viation , that these powers will be exercis- I Wish to cooperate with Congress in all iedby a plurality of hands, and not bya measures having - for their object apropor I single one. • One hundred and' seventy and complete adjustment . of the questions i t h ree despots would surely be as L oppres- 1 !resulting from . our late civil- mar. /11* I - 6'043 one: -4tilittle Nillittliv4illtacthati , I monyobittowetta the. m ; bnlinake—branobes i t h e yetiodeu,- by .t eturselycs..4i Au. elen-.., • 1 of the Governtnent, always necessary for the public welfaie, alias' never more de manded than at the -present time, and it will therefore be myconstrifiLaim to pro: mote, as far as possible, concert - of action between theta. The differences of ;opin ion that, have already occurred haVe rem dered Me only the inore cautious list the Executive should encroach upon any of the prerogatives of Congress, or, by ex ceeding, in any manner, the constitution ', al limit of his dutieS, destroy the equilib rium which•sh - ould exist between the sex ' eral 4.70 ordinate departments, and which is so essential to the harmonious working lof the Goverment. I know it .bas been urged that the executive Department is more likely to enlarge the sphere of its ac tion than either of the other two branch es of the Government, and especially in the exercise of the veto power conferred upon it by the Constitution. It should be remembered, hOwever, that this power is wholly . negative and conser vative in its character, and . was' intended to operate as a check upon, unconstitu tional, hasty and improvident legislation, and as a means of Proteetien against inva sions of the jest powers of the 'Executive and Judicial Departments. It is remark ed by Chancellor 'Kent, that "to enact laws is a transcendent power; and, if the >body that possesses it be a full and equal representation of the people, there is dan ger of its pressing with destructive weight upon all the other parts of the machinery of government. It, has, therefore, been thought necessary, by the most skillful and most experienced artists in the sci ence of civil policy, that strong barriers should be erected fur the protection and security of the other necessary powers of the Government. Nothing has been deemed more fit and expedient for the . purpose than the provision that the head of the Executive Department should be so constituted as to secure a requisite share of independence, and that he should have a negative upon the passing of laws; and that the judiciary power, resting on a still more permanent basis, should have the right of determining upon the validi ty of laws by the standard of the Consti tution." IVOLVME XXIV, NUMBER 3. the despotism was not the gevetentent we fought for; but one which shcitild not only be feunded do freeprincipies, but in which the powers of government . clonld be so divided _and balanced am qag savets l :: bodiekef magistracy as that no. opeitituhl , -- transcend, heir legal litaitiiitboakbeiag effeetnallk checked and restrained ty the others. "For this reason that Convention wbinh passed the ordinance of sovernment laid -. its foundation on (his basis, that the Ler isiative, executive and Judiciary Depart ments should be separate and distinct, so that no person should exercise the pow ers of more than one of them at the same time. But tiO' barrier, was provided be tween these several &veers. ;.The Judi ciary and executive members were left de pendent on the legislative for theirsubsis tence in office, and some of them for their continuance in it. If, therefore, the Leg islature assumes executive and Judiciary powers, no opposition is likely to-be made nor, if made, can be effectual; be t cause in that case they may put their proceedings into the form of :let of assembly, whicht: will render them obligatory ou the other branches. They have - accordingly,. ny instances, decided rights wbichshould have been left to judicial controversy; and the direction of the executive, during the whole time of their session, is becoming habitual and familiar." Mr. Justice Story, in hiS''conimenturies on the Constitution, reviews the same sub ject, and says "The truth is; that th,e legislative pow er is the great ' and overruling, power in free Government" - ."The representatives of the people will watch with jealousy ev ery encroachment of the executive Magis trate, for it trenches upon thtir own au thority. But who shall watch the en s cro.achmeute ofthese representatives them selves ? Will they be as jealoue of the exercise of - power by Themselves as by others?" ." There are man); reasons which may be assigned for the engrossing influence of the :Legislative Department. In the first phioe, its constitutional pow ers art more eitensiee, and les4 capable of being brought• Within precise limits; than those of the either of the oilier ed. It reaches few objects, and those are known. It cannot transcend them with out being brought in contact . with the oth, er departments. Lati "may check, and restrain, and bind its exercihe. The same remarks apply with still greater force to the judiciary. The jtiriadietion io or . I - ' may be bounded to a few objoets' or per sons or, however general and unlimited, its operations are nyeesstfrily confitielitt the mere administration of iiiivate' and public justice act upon. It can decide only Upon rights and cases as they are brought by others before it. It can do nothing fdritself.. It must do everything fur otherS. It mast obey the laws; and jilt corruptly adminis ters them it is subject to the powef of impeachment. On the other band, the legislative pOir er, except in the few (*.les of e.onstitution- - al prohibition, is enlimited. It is forever varying its means and its end. It gov erns the laws and institutions and public policy of the country. It regulates all he vast interests. It disposes of till itsprop- erty. Look brit at the exercise - of ovo or three branches of its ordinaryLpoweis. levies all taxes; it directs and aPPr n ini; 1- ates all supplies ; it gives the rules for tile' descent, distribution and dm:Flies, of property held by individuals. controls the sources and resources of [wealth. It changes at its the whole fabrics' or the laws. It mord& at its ple4ure almoit all the institutions which give strengt h and comfort and dignity to Society. - In . the next place it is the directOisible rep , resentative-of the will of the people in alt the changes of time and cliTtonstances.— ' It has the pride as 'well 'ns the power • of numbers. It is easily moved , and steadi ly moved by the strong impulses of Popu lar feeling and popular odium. It obeys, without reluCtance, the wishes and 'the will of the majority for the time being.— .' - The path tat plblie favor lies ?pen by such obedience; and it ends not only support but impunity in whatever Measures the majority advises, even though they tran scend the constitutional-limits. It hastier' motive, therefore, to be jealous' or sett-' pnlous in its own use of power, and it; finds its ambition stimulated' and' he arm ' strengthened by the countenance and the ' courage of nuinbers. These views are not, • alone those of men who look with appre hension upon the fate of republics, but they are also freely admitted by some of strongest aavocateslor popularrights and the permanency of republican institu tions." ." Each department', should have a will of its owb." "Each Ahotild".hiviie its own indcpendence-secure? beyond the_ power of being taken away by either or both di the .others. But at the UTIIO time the relations - of each to the !other should . be so strong that there shouid be mow, al.interest to sustain: and pretect each oth , er. - There should' , ..nedoonly be constitu tional means, but personal Motives, to're sist encroachments of one or( either of the: others. Thus, ambition would be madeto counteract ambition; the deiBire4 of power tat:heck .poweri , and. the iiressuire.ot in west, to .bitrIUUU) 40,'OfitstaReg ,intereilttPr It uannia pnui-ti without It cannot create cuntrtivermies to
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