if doubtful, we should follow
principle. In this, as in many other elections, they would be guided by
reputation, which would not err oftener, perhaps, than the present mode
of appointment. In one State of the Union, at least, it has been long
tried, and with the most satisfactory success. The judges of Connecticut
have been chosen by the people every six months, for nearly two
centuries, and I believe there has hardly ever been an instance
of change; so powerful is the curb of incessant responsibility. If
prejudice, however, derived from a monarchical institution, is still
to prevail against the vital elective principle of our own, and if the
existing example among ourselves of periodical election of judges by
the people be still mistrusted, let us at least not adopt the evil, and
reject the good, of the English precedent; let us retain a movability
on the concurrence of the executive and legislative branches, and
nomination by the executive alone. Nomination to office is an executive
function. To give it to the legislature, as we do, is a violation of
the principle of the separation of powers. It swerves the members from
correctness, by temptations to intrigue for office themselves, and to
a corrupt barter of votes; and destroys responsibility by dividing it
among a multitude. By leaving nomination in its proper place, among
executive functions, the principle of the distribution of power is
preserved, and responsibility weighs with its heaviest force on a single
head.
The organization of our county administrations may be thought more
difficult. But follow principle, and the knot unties itself. Divide the
counties into wards of such size as that every citizen can attend when
called on, and act in person. Ascribe to them the government of their
wards in all things relating to themselves exclusively. A justice,
chosen by themselves, in each, a constable, a military company, a
patrol, a school, the care of their own poor, their own portion of the
public roads, the choice of one or more jurors to serve in some court,
and the delivery, within their own wards, of their own votes for
all elective officers of higher sphere, will relieve the county
administration of nearly all its business, will have it better done, and
by making every citizen an acting member of the government, and in the
offices nearest and most interesting to him, will attach him by
his strongest feelings to the independence of his country, and its
republ
|