on so far with its _premiere ebauch_; but
it is now proposing to call a convention for amendment. Among other
improvements, I hope they will adopt the subdivision of our counties
into wards. The former may be estimated at an average of twenty-four
miles square; the latter should be about six miles square each, and
would answer to the hundreds of your Saxon Alfred. In each of these
might be, 1. An elementary school. 2. A company of militia, with its
officers. 3. A justice of the peace and constable. 4. Each ward should
take care of their own poor. 5. Their own roads. 6. Their own police.
7. Elect within themselves one or more jurors to attend the courts
of justice. And, 8. Give in at their Folk-house, their votes for all
functionaries reserved to their election. Each ward would thus be a
small republic within itself, and every man in the State would thus
become an acting member of the common government, transacting in person
a great portion of its rights and duties, subordinate indeed, yet
important and entirely within his competence. The wit of man cannot
devise a more solid basis for a free, durable, and well-administered
republic.
With respect to our State and federal governments, I do not think their
relations correctly understood by foreigners. They generally suppose
the former subordinate to the latter. But this is not the case. They are
co-ordinate departments of one simple and integral whole. To the State
governments, are reserved all legislation and administration, in affairs
which concern their own citizens only, and to the federal government
is given whatever concerns foreigners, or the citizens of other States;
these functions alone being made federal. The one is the domestic, the
other the foreign branch of the same government; neither having control
over the other, but within its own department. There are one or two
exceptions only to this partition of power. But you may ask, if the two
departments should claim each the same subject of power, where is the
common umpire to decide ultimately between them? In cases of little
importance or urgency, the prudence of both parties will keep them
aloof from the questionable ground: but if it can neither be avoided nor
compromised, a convention of the States must be called, to ascribe the
doubtful power to that department which they may think best. You will
perceive by these details, that we have not yet so far perfected our
constitutions as to venture to make them
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