With these advantages, it can hardly be supposed that the
adverse party would have an equal chance for a favorable issue.
But the legislative party would not only be able to plead their cause
most successfully with the people. They would probably be constituted
themselves the judges. The same influence which had gained them an
election into the legislature, would gain them a seat in the convention.
If this should not be the case with all, it would probably be the case
with many, and pretty certainly with those leading characters, on whom
every thing depends in such bodies. The convention, in short, would be
composed chiefly of men who had been, who actually were, or who expected
to be, members of the department whose conduct was arraigned. They would
consequently be parties to the very question to be decided by them.
It might, however, sometimes happen, that appeals would be made under
circumstances less adverse to the executive and judiciary departments.
The usurpations of the legislature might be so flagrant and so sudden,
as to admit of no specious coloring. A strong party among themselves
might take side with the other branches.
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