Texas: A Brief Account of the Origin, Progress and Present State of the Colonial Settlements of Texas; Together with an Exposition of the Causes which have induced the Existing War with MexicoWharton, William H. (William Harris)
History
Texas: A Brief Account of the Origin, Progress and Present State of the Colonial Settlements of Texas; Together with an Exposition of the Causes which have induced the Existing War with Mexico
Wharton, William H. (William Harris)
Texas -- History -- Revolution, 1835-1836
It has been wisely remarked by that great illustrator of the machinery
of governments, (Montesquieu) that there can be no liberty where the
legislative, executive, and judicial powers, or any two of them, are united
in the same person or body of persons. See Spirit of Laws, in reference to
the English Constitution. If any corroboration of this high authority is
needed, I will refer to Mr. Jefferson, and the writers of that invaluable
text book, the Federalist. Mr. Jefferson, in his Notes on Virginia, page
195, says the concentration of legislative, executive and judicial powers
in the same hands, is precisely the definition of despotism. And in the
Federalist, page 261, it is said, "the accumulation of these powers in
the same hands, whether of one, a few, or many, and whether hereditary,
self-appointed, or elective, is the very definition of tyranny." In the
same great work it is clearly demonstrated, that if each department is
not so fortified in its powers as to prevent infringement by the others,
the constitution which creates them all will be worth no more than the
parchment upon which it is written. So important was it deemed by all the
states of the Union to keep these departments distinct, and in different
hands, that it has been specially provided for in all their constitutions.
See the constitutions of the different States. And yet in the face of all
this wisdom and experience, and contrary to every thing that is republican
in its nature, the framers of the Mexican constitution have reserved to
Congress the sole power of construing the constitutionality of its acts.
This, it will be readily seen, is an entire nullification of the judiciary
in all constitutional matters, and leaves the rights of the people and the
constitution itself without any other security than what is to be found
in the virtue, patriotism and intelligence of Congress. What slender
reliances, where the liberties and happiness of a nation are concerned! If
in the United States Congress should transcend its powers in the passage
of a law, the courts would declare it null and void, and bring back
Congress to a constitutional discharge of its duties. But if the same
thing were attempted in Mexico, Congress would re-enact the law, declare
it constitutional, and imprison the judge for his presumption. It appears
then, that the Mexican constitution of 1824 contains within itself the
seeds of its own destruction,--for the accumulation of legislative and
judicial powers in Congress, and the enabling of that body to violate the
constitution at will, renders it of no more avail than "a sounding brass
or tinkling cymbal." It will be no alleviation, says Mr. Jefferson, in his
work above quoted, page 195, that in the case of Congress unlimited powers
are vested in a plurality of hands. One hundred or two hundred despots are
surely as oppressive as one. Let those who doubt it turn their eyes on the
republic of Venice. In the next place I will show, that independent of this
Public-domain text, read in full here on John Shaqi.
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