328 



by eminent publicists.* Generally, it may be said that it is vested with 

 the function of executing the enactments of the legislative department ; 

 and hence it has been called the Executive Power. But this, as we have 

 observed, is but a subordinate function, and in addition to it, the govern- 

 ment is charged with the function of supervising all the departments of 

 the government, in the exercise of their functions, and also with the 

 supervision of the welfare of the State generally. And among its other 

 functions, in the opinion of eminent publicists already referred to (in 

 which I entirely concur), it ought to be charged mainly, though not ex- 

 clusively, with the initiative of legislation, and to a greater or less extent, 

 with the veto power. 



This extensive increase in the functions of the government, and of the 

 respect and consideration in which it is to be held is, indeed, opposed by 

 our democratic prejudices ; but, in fact, tliese functions must exist some- 

 where, and when not vested in the head of the government, will be 

 exercised, not by the legislative power, which is incapable of performing 

 them, but by temporary legislative commissions. 



The expediency of this change rests, in addition to what has been said, 

 upon the obvious consideration that the administration of political affairs, 

 outside of the judicial department, is merely a matter of business, differing 

 from ordinary business only in the fact that it is infinitely more compli- 

 cated and difficult to be performed ; and as in ordinary business, men 

 trained to its administration are essential, so, a fortiori, it is necessary 

 that the business of ihe government should be conducted by men of 

 trained efficiency, and in the main of permanent tenure of office ; and 

 this can only be effected by vesting the governmental functions in a 

 thoroughly organized department, the leaders of which, as in all other 

 business operations, should be few in number, and thoroughly competent. 

 On the other hand, it is an equally obvious consideration, that the legisla- 

 tive body should consist of men taken from the people at short intervals, 

 and in close sympathy with them, and, in fact, representing them in their 

 opinions and sentiments. To this end, it must necessarily consist of 

 many members, and therefore be incapable, as a body, of exercising gov- 

 ernmental functions. 



NOTES. 



(a) This seems to agree also with the division made by Kant, as explained by the 

 author: "According to Kant, there are two governmental forms— the repubtican and 

 the despotic— ihe first, which is alone capable of securing a good administration, exists 

 where there is a division of powers ; the second, where all the powers are united in the 

 hands of the sovereign, individual or collective " ( Coiirs de Droit Naturel, 117). 

 It is also the division of Mr. Calhoun, and is thus clearly explained by him : 

 "Constitutional governments, of whatever form, are, indeed, much more similar to 



* Supra, p. 264. 



