mons lose their liberties? Without the interposition of a check, without a balance, the one would destroy the other. The lords, the third branch, keep up this balance. The wisdom of the English constitution has given a share of legislation to each of the three branches, which enables it effectually to defend itself, and which preserves the liberty of the people of that country.
What is the object of the division of power in America? Why is the government divided into different branches? For a more faithful and regular administration. Where is there a check? We have more to apprehend from the union of these branches than from the subversion of any; and this union will destroy the rights of the people. There is nothing to prevent this coalition; but the contest which will probably subsist between the general government and the individual governments will tend to produce it. There is a division of sovereignty between the national and state governments. How far, then, will they coalesce together? Is it not to be supposed that there will be a conflict between them? If so, will not the members of the former combine together? Where, then, will be the check to prevent encroachments on the rights of the people? There is not a third essentially distinct branch, to preserve a just equilibrium, or to prevent such encroachments. In developing this plan of government, we ought to attend to the necessity of having checks. I can see no real checks in it.
Let us first inquire into the probability of harmony between the general and individual governments; and, in the next place, into the responsibility of the general government, either to the people at large or to the state legislatures. As to the harmony between the governments, communion of powers, legislative and judicial, forbids it.
I have never yet heard or read, in the history of mankind, of a concurrent exercise of power by two parties, without producing a struggle between them. Consult the human heart. Does it not prove that, where two parties, or bodies, seek the same object, there must be a struggle? Now, sir, as to the responsibility. Let us begin with the House of Representatives, which is the most democratic part. The representatives are elected by the people; but what is the responsibility? At the expiration of the time for which they are elected, the people may discontinue them: but if
