Page:Notes on the State of Virginia (1802).djvu/179

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 dependant 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 it be effectual; becauſe in that caſe they may put their proceeddings into form of an act of aſſembly, which will render them obligatory on the other branches. They have accordingly, in many inſtances, decided rights which ſhould have been left to judiciary controverſy: and the direction of the executive, during the whole time of their ſeſſion, is becoming habitual and familiar. And this is done with no ill intention. The views of the preſent members are perfectly upright. When they are led out of their regular province, it is by art in others, and inadvertence in themſelves. And this will probably be the caſe for ſome time to come. But it will not be a very long time. Mankind ſoon learn to make intereſted uſes of every right and power which they poſſeſs or may aſſume. The public money and public liberty, intended to have been depoſited with three branches of magiſtracy but found inadvertently to be in the hands of one only, will ſoon be diſcovered to be ſources of wealth