Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/287

 CH. XXXVI.] committee, and adopted by the vote of ten states against one.

§ 1409. In considering this clause, three practical questions are naturally suggested: First, whether there should be a distinct executive department; secondly, whether it should be composed of more than one person; and, thirdly, what should be the duration of office.

§ 1410. Upon the first question, little need be said. All America have at length concurred in the propriety of establishing a distinct executive department. The principle is embraced in every state constitution; and it seems now to be assumed among us, as a fundamental maxim of government, that the legislative, executive, and judicial departments ought to be separate, and the powers of one ought not to be exercised by either of the others. The same maxim is found recognized in express terms in many of our state constitutions. It is hardly necessary to repeat, that where all these powers are united in the same hands, there is a real despotism, to the extent of their coercive exercise. Where, on the other hand, they exist together, and yet depend for their exercise upon the mere authority of recommendation, (as they did under the confederation, ) they become at once imbecile and arbitrary, subservient to popular clamour, and incapable of steady action. The harshness of the measures in relation to paper money, and the timidity and vacillation in relation to military affairs, are examples not easily to be forgotten.