5.What then is this same executive power?I doubt our Author would not find it a very easy matter to inform us.`Why not?'says an objector'is it not that power which in this country the King has in addition to his share in the legislative?'Be it so:the difficulty for a moment is staved off.But that it is far enough from being solved,a few questions will soon shew us.This power,is it that only which the King really has,or is it all that he is said to have?Is it that only which he really has,and which he exercises,or is it that also,which although he be said to have it,he neither does exercise,nor may exercise?Does it include judiciary power or not?If it does,does it include the power of making as well particular decisions and orders,as general,permanent,spontaneous regulations of procedure,such as are some of those we see made by judges?Doth it include supreme military power,and that as well in ordinary as in a time of martial law?Doth it include the supreme fiscal power;(68)and,in general,that power which,extending as well over the public money as over every other article of public property,may be styled the dispensatorial ?(69)Doth it include the power of granting patents for inventions,and charters of incorporation?Doth it include the right of making bye-laws in corporations?
And is the right of making bye-laws in corporations the superior right to that of conferring the power to make them,or is it that there is an executive power that is superior to a legislative?This executive again,doth it include the right of substituting the laws of war to the laws of peace;and vice versa,the laws of peace to the laws of war?Doth it include the right of restraining the trade of subjects by treaties with foreign powers?Doth it include the right of delivering over,by virtue of the like treaties,large bodies of subjects to foreign laws?He that would understand what power is executive and not legislative,and what legislative and not executive,he that would mark out and delineate the different species of constitutional powers,he that would describe either what is,or what ought to be the constitution of a country,and particularly of this country,let him think of these things .