Page:Federalist, Dawson edition, 1863.djvu/490

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346
The Fœderalist.

mixed. The authority in support of it is Mr. Jefferson, who, besides his other advantages for remarking the operation of the Government, was himself the chief magistrate of it. In order to convey fully the ideas with which his experience had impressed him on this subject, it will be necessary to quote a passage of some length from his very interesting "Notes on the State of Virginia," p. 195. "All the powers of Government, Legislative, Executive, and Judiciary, result to the Legislative body. The concentrating these in the same hands, is precisely the definition, of despotic Government. It will be no alleviation, that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one. Let those who doubt it, turn their eyes on the republic of Venice. As little will it avail us, that they are chosen by ourselves. An elective despotism was not the Government we fought for; but one which should not only be founded on free principles, but in which the powers of Government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others. For this reason, that Convention which passed the ordinance of Government, laid its foundation on this basis, that the Legislative, Executive, and Judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time. But no barrier was provided between these several powers. The Judiciary and Executive members were left dependent on the Legislative for their subsistence in office, and some of them for their continuance in it. If, therefore, the Legislature assumes Executive and Judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceed-