561

A. DEBATES/11 DEC., A.M.

distinction is marked with so much accuracy as I wished, and still
wish; but yet I am of opinion, that real and effectual security is
obtained, which is saying a great deal. I do not consider this part
as wholly unexceptionable; but even where there are defects in this
system, they are improvements upon the old. I will go a little further;
though in this system, the distinction and independence of power
is not adhered to with entire theoretical precision, yet it is more strict-
ly adhered to than in any other system of government in the world.
In the constitution of Pennsylvania, the executive department exer-
cises judicial powers, in the trial of public officers; yet a similar power
in this system is complained of; at the same time the constitution of
Pennsylvania is referred to as an example for the late Convention
to have taken a lesson by.
In New Jersey, in Georgia, in South Carolina, and in North Carolina
the executive power is blended with the legislative. Turn to their
constitutions and see in how many instances.
In North Carolina, the Senate and House of Commons elect the
governor himself; they likewise elect seven persons, to be a council
of state, to advise the governor in the execution of his office. Here
we find the whole executive department under the nomination of
the legislature, at least the most important part of it.
In South Carolina, the legislature appoint the governor and com-
mander in chief, lieutenant governor, and privy council. "Justices
of the peace shall be nominated by the legislature and commissioned
by the governor," and what is more, they are appointed during plea-
sure. All other judicial officers are to be appointed by the senate and
house of representatives. I might go further and detail a great mul-
titude of instances in which the legislative, executive, and judicial
powers are blended, but it is unnecessary; I only mention these to
show that though this Constitution does not arrive at what is called
perfection, yet, it contains great improvements, and its powers are
distributed with a degree of accuracy, superior to what is termed
accuracy, in particular states.
There are four instances in which improper powers are said to be
blended in the Senate. We are told, that this government is imper-
fect, because the Senate possess the power of trying impeachments.
But here, sir, the Senate are under a check, as no impeachment can
be tried until it is made; and the House of Representatives possess
the sole power of making impeachments. We are told that the share
which the Senate have in making treaties is exceptionable; but here
they are also under a check, by a constituent part of the government,
and nearly the immediate representative of the people, I mean the
President of the United States. They can make no treaty without