CHAPTER XVIII.

The Judicial Power-the Judiciary.

THE judicial or judging power, is exercised by courts. A court of justice usually consists of one or more judges, with a sheriff and a jury. This being a most important branch of government, we should be careful to understand its nature, duties, and functions.

If a man is charged with any breach of law, he is brought by the sheriff or constable before the court-the charge having been made known to him. He may either defend himself, or he may employ a lawyer to defend him.

The case is stated to the court, and then witnesses are brought forward to prove the facts. No witness can testify, unless he takes an oath, which is a solemn declaration that he will tell the truth, the whole truth, and nothing but the truth.

The witnesses against the man are examined,

and then the witnesses in his favor. Then the jury, which consists of twelve men chosen from the people, take into consideration whether the man has actually broken the law, as charged. Their decision is called a verdict, and is either guilty or not guilty.

If it is not guilty, the man is acquitted and released. If it is guilty, then the judge proceeds to pronounce the penalty of the law, and this is called the sentence. If the sentence is death, the man is executed by the sheriff; if the sentence is imprisonment, he is shut up in the jail; if the sentence is a fine, he is required to pay the money.

CHAPTER XIX.

The Executive Power.

THE executive power is placed in the head of the government, whose duty it is to see to the execution of the laws. In Massachusetts, New York, Ohio, and each of the United States, the executive power of each state is chiefly vested in a governor.

The executive power of the United States is vested in a president, who appoints various secretaries to assist him, and these are called the cab inet. In England, the executive power is in the king, who appoints various agents called ministers, and these exercise the executive power in the name of the king.

In this country, a president's duty is to administer the government, that is, to carry it on:

Thus the president carries on, or administers, the government; and therefore we call him, with his advisers and assistants-the cabinet-the administration. We also sometimes call the acts of a president, his administration. Accordingly, we speak of Washington's administration, Jefferson's administration, &c.

The duty of a governor of a state, is to see that the state laws are executed, and that the acts of the state legislature are fulfilled. He appoints various officers to assist in administering or carrying on the government, and he has a general charge over the public interests of the people. He is the commander-in-chief of the state militia. and may

call upon them to aid in executing the laws, in suppressing insurrection, or repelling invasion.

Let it be remembered, then, that the legislature makes the laws; the judiciary, consisting of the courts, interprets and applies them; and the executive executes or fulfils them. These are the three great powers of government; and wherever government exists, these must exist.

These powers ought always to be placed in different hands, and to be independent of each other; for if the same person may make the laws, interpret and apply them, and at last execute them; then it will be seen that the powers of government are so vested, that they may be used according to the interest, passions, or caprices of the ruler. Such is a government of man, and not a government of laws.

To illustrate this, suppose the president of the United States may pass a law; suppose he may also interpret that law, and at last suppose he may put it in force-it is obvious that if he can do all this, he is a despot, for his power is unlimited; and there is no difference, in spirit, between our government, in this case, and that of Russia, Spain, or Turkey. If one man does, either directly or indirectly, engross the three powers of government, he is a despot; and exactly in proportion as a ruler acquires and exercises either legislative or judicial powers, he is despotic.

In despotic countries, the three powers of government are usually placed in the hands of the emperor, king, or chief. The sultan of Turkey, for instance, makes the laws, has them interpreted as he chooses, and has them executed as he chooses. Such is a government of man, and not a

a government of laws. The lives and property of the people in Turkey, are therefore subject to the whim or caprice of the sultan.

In some barbarous countries, as Tripoli, Mo-. rocco, Tunis, &c., there are no published laws, or if there are, they can be set aside by the chief, and new ones be made at his pleasure. All the powers of government are vested in the chief, and he governs the people as he chooses. Such a government is always found to be cruel, pressive.

unjust and op

As we find no countries without government, so we find no two governments precisely the same. In Tartary and other parts of Asia, and in Africa,