It is precisely because they are, and are intended to be, arenas of political combat, that legislatures cannot be trustworthy courts, and it was because this fact was notorious that the founders of this government tried to separate the legislative from the judicial function, and to make this separation the foundation of the new republic.

The truth is probably that the legislature must be the sole judge of the expediency of such legislation; where the court can see that it does bear a direct relation to the morals of the young women concerned, or the morals of the general community, it will be sustained as constitutional under the police power, although to that extent interfering with the personal liberty of women and with their means of getting a livelihood.

The legislature of a colony (let not the comparison be too much disdained) is only the vestry of a larger parish, which may lay a cess on the inhabitants, and enforce the payment; but can extend no influence beyond its own district, must modify its particular regulations by the general law, and, whatever may be its internal expenses, is still liable to taxes laid by superiour authority.

Under these circumstances it may very justly be supposed that our legislatures when convened were a good deal inflamed, and might be induced for the preservation of their persons and properties to pass severe laws which they might hold over their heads to terrify and restrain them."

So the American colonists held that Virginia, for example, and Great Britain had the same king, but each its independent legislature; and so with the other colonies,there were thirteen parliaments in America, each as sovereign within its own sphere as the parliament at Westminster, and the latter had no more right to tax the people of Massachusetts than the Massachusetts legislature had to tax the people of Virginia.

Our National Legislature is a fit illustration of this.

The colonial legislature, therefore, was not a supreme body, even within the colony; its authority was restricted by the terms of the charter.

Here the local legislature was a democratic oligarchy, partly composed of landowners, but chiefly of overseers, with no permanent stake in the country.

A legislature is nearly the antithesis of a court.

The Legislature is the watchful guardian over the public purse.