صور الصفحة
PDF
النشر الإلكتروني

than a number of men; and that the expression of the will of a majority of the representatives of the people ought to be deemed the expression of the will of the people themselves.

§ 82. It is presumed, however, that a majority of the people are satisfied with this principle in our government. Besides the security which it affords against the enactment of improper laws, it is intended to guard the executive from encroachments upon its rights by the legislative department. Without such a power of self-defence, a chief magistrate might be gradually stripped of his authority. And though the negative may be in some cases improperly applied, it is fair to presume, that if the public good do not so clearly require the passage of a law as to command the assent of two-thirds of each house of the legislature, no serious evil will ensue before relief may be had in a new election.

CHAPTER X.

Executive Power.

§83. THE executive power is that which is exercised in executing, or carrying into effect, the laws of the state. The necessity of such a power is admitted, wherever the principles of civil government are well understood. It is in accordance to the principle laid down in a preceding chapter, (§ 42,) and to the universal opinion of the people of the United States confirmed by experience, that the several powers of the government, viz. the legislative, executive, and judicial, ought to be separated and committed to distinct organs or agents.

§ 84. Not only has experience proved the utility of an executive power; but it has proved also the propriety of devolving the responsibilities of this department upon a single person. The most necessary qualification of an executive, is energy. An eminent American statesman has well remarked, that "a feeble executive implies a feeble

683. What is executive power? § 84. For what reasons is the

[ocr errors]

execution of the government. A feeble execution is but another phrase for a bad execution: and a government ill executed, whatever it may be in theory, must be, in prac tice, a bad government.' One man will act with greater promptness and decision than a number. Difference of opinion among the members of a plural executive, might frustrate the most important measures. Moreover, unity in the executive increases responsibility. An individual, sensible that for every improper act he alone must bear the censure, will not be so strongly tempted to do wrong, as when a part of the responsibility and blame may be shifted upon others.

§ 85. The plan of a single chief magistrate, associated with a number of counsellors, has been tried with ill success, both in ancient as well as modern republics, and has been abandoned. These executive councils often embarrass and weaken the execution of a plan or measure, instead of facili tating it. The soundest statesmen, therefore, while they declare themselves in favor of a numerous legislature, as best calculated to secure the interests and privileges of the people, consider a single executive indispensable to a prompt and efficient execution of the laws.

§86. Respecting the duration of the office of chief magistrate, public opinion is not uniform. The terms for which the governors of the several states are elected, vary from one year to four years. An executive chosen for a short period, will, if his re-election be not prohibited, be more likely to act in conformity to the popular will. A longer term, on the other hand, is deemed more favorable to an independent discharge of his official duties; and, by enabling him to mature and carry into effect his measures of public policy, is better calculated to ensure stability in the administration, which is essential to the public prosperity.

§ 87. The manner of electing the executive is not uni form. In some of the states, the governor is chosen by the legislature. This mode, which formerly prevailed in many, perhaps a majority, of the old states, has long been growing

executive power vested in a single person? § 85. What is the objec tion to executive councils? § 86. What are the tendencies of short and long terms of office of an executive? § 87. In what manner are

into disuse. It is now practised by very few of them. The constitutions of new states, and the amended constitutions of the old ones, with few exceptions, give the election of the chief magistrate to the people. This mode now prevails, it is believed, in all but one or two, and is more consistent with the character and genius of republican institutions.

§ 88. The dignity of the executive office, and the weight of its responsibilities, require that the incumbent possess the highest qualifications. The qualifications required for the office of governor are generally the same, or about the same, as those for the office of senator. Provision has been made, so far as it can be made by constitutional enactment, for closing this office against incompetent and unworthy men. But the wisest constitutional provisions will be unavailing, unless the people insist on the more important qualifications of political integrity and disinterested patriotism.

§89. The powers and duties of an executive are various, as well as important. Exercising a general supervision over the manifold interests of the state, it is his duty to see that they receive the attention of the government. He is not only to see that the laws are duly administered, but he must also notice their operation. Hence it is made his duty, by the constitution, to communicate by message to the legis lature, at every session, the condition of the state, and to recommend such measures as, in his opinion, the public welfare requires. And he transacts all necessary business with the civil and military officers of government, and with the authorities of other states.

§ 90. The power to grant reprieves and pardons is, in nearly all the states, vested in the governor. Reprieve is the suspension, or putting off, of the execution of the sentence of the law upon a capital offender; pardon is the entire release of the criminal. The necessity of a pardoning power arises from the imperfection of human justice. A spirit of revenge may prompt one man to accuse another falsely; and, by inaccurate testimony, or a fallible jury, the

executives generally chosen in the United States? § 88. What are the usual qualifications of a state executive? § 89. What are the ordinary duties of an executive? § 90. What are reprieves and pardons? Why is the pardoning power necessary in a government?

[ocr errors]

innocent individual may be convicted. But cases may occur, in which the guilt of the offender is clearly proved, when expediency and humanity may require his pardon. Laws do not always fix the exact degree of punishment. Offences of the same kind, committed by different persons, or under different circumstances, do not always deserve the same measure of punishment. Hence the executive sometimes commutes the penalty of the law; that is, he exchanges it for another of less severity.

§ 91. The power of appointment, also, is, to some extent, exercised by the chief magistrate. The extent and variety of the business of the executive department, requires the assistance of numerous subordinate officers. As the executive is responsible for the faithful performance of the duties devolving upon his department; and as he is presumed to be most competent to judge of the requisite number and qualifications of these officers; their selection is properly given to him. Besides, unexpected vacancies, and numerous other causes, often render immediate appointments necessary, in order to prevent the derangement of the public business which would result from the delay consequent upon an election by the people at large.

§ 92. But upon this power, as upon most others, the people have imposed a constitutional restraint. Considering it too important to be entrusted to one man, the concur rence of the senate is required in appointments devolved by the constitution upon the executive. He may make appoint. ments to fill vacancies which happen when the senate is not in session; but they must be submitted to that body at its next session for approval. In all other cases, it will be seen, the executive has simply the privilege of nomination; that is, of naming to the senate the person he wishes appointed: and the senate may, from party or other unworthy considerations, abuse its power, by rejecting the nominations made by the governor. But senators, as a body, are seldom so void of self-respect and of a sense of their duty, as to withhold their assent to an unexceptionable nomination.

91. Why is the power of appointment vested in this officer? § 92. What restraint is laid upon this power?

CHAPTER XI.

Judicial Power.

§ 93. THE judiciary is that branch of the government of a state to which are committed the interpretation of the laws, and the administration of justice. No form of government can be complete, without some power to decide disputes, to award justice to the citizens, and to punish crime, according to the laws of the state. This power ought to be kept separate from the legislative and executive. The union of the judicial with the other powers of the government in the same hands, would constitute an absolute despotism. It is the separation of the former from the latter, that so effectually secures to the people of this country the blessings of equal laws and impartial justice.

§ 94. The judicial department embraces all the courts of law and equity in which justice is administered; as well those instituted in the several towns and counties, as the supreme or superior courts of the state. The necessity of these inferior courts has been briefly stated. (§ 50.) It is to these that citizens in ordinary cases go to obtain justice. The business of the higher courts is to try causes in which large sums are in controversy; to rejudge causes that have been tried in the lower courts, but from whose decisions appeal has been made by the dissatisfied party; and also to try criminal offences of high grade.

§ 95. When it is considered that the security of the citizen in the enjoyment of his property, liberty, character, and even life, depends on the intelligent and impartial exercise of judicial authority, the importance of this department of the government must be apparent. To invest ignorant or corrupt men with judicial powers, would be extremely dangerous to the rights of the community. Judges and justices

§ 93. What is the object of the judicial power? § 94. What courts does the judiciary of a state embrace? In what courts do citizens usually obtain justice? What is the business of the higher courts? §95. Wherein consists the importance of this department? § 96. For

« السابقةمتابعة »