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republican only in proportion as they embody the will of their
people； and execute it。〃 Hence； our first constitutions had really no
leading principles in them。 But experience and reflection have but
more and more confirmed me in the particular importance of the equal
representation then proposed。 On that point； then； I am entirely in
sentiment with your letters； and only lament that a copy…right of
your pamphlet prevents their appearance in the newspapers； where
alone they would be generally read； and produce general effect。 The
present vacancy too； of other matter； would give them place in every
paper； and bring the question home to every man's conscience。
But inequality of representation in both Houses of our
legislature； is not the only republican heresy in this first essay of
our revolutionary patriots at forming a constitution。 For let it be
agreed that a government is republican in proportion as every member
composing it has his equal voice in the direction of its concerns
（not indeed in person； which would be impracticable beyond the limits
of a city； or small township； but） by representatives chosen by
himself； and responsible to him at short periods； and let us bring to
the test of this canon every branch of our constitution。
In the legislature； the House of Representatives is chosen by
less than half the people； and not at all in proportion to those who
do choose。 The Senate are still more disproportionate； and for long
terms of irresponsibility。 In the Executive； the Governor is
entirely independent of the choice of the people； and of their
control； his Council equally so； and at best but a fifth wheel to a
wagon。 In the Judiciary； the judges of the highest courts are
dependent on none but themselves。 In England； where judges were
named and removable at the will of an hereditary executive； from
which branch most misrule was feared； and has flowed； it was a great
point gained； by fixing them for life； to make them independent of
that executive。 But in a government founded on the public will； this
principle operates in an opposite direction； and against that will。
There； too； they were still removable on a concurrence of the
executive and legislative branches。 But we have made them
independent of the nation itself。 They are irremovable； but by their
own body； for any depravities of conduct； and even by their own body
for the imbecilities of dotage。 The justices of the inferior courts
are self…chosen； are for life； and perpetuate their own body in
succession forever； so that a faction once possessing themselves of
the bench of a county； can never be broken up； but hold their county
in chains； forever indissoluble。 Yet these justices are the real
executive as well as judiciary； in all our minor and most ordinary
concerns。 They tax us at will； fill the office of sheriff； the most
important of all the executive officers of the county； name nearly
all our military leaders； which leaders； once named； are removable
but by themselves。 The juries； our judges of all fact； and of law
when they choose it； are not selected by the people； nor amenable to
them。 They are chosen by an officer named by the court and
executive。 Chosen； did I say？ Picked up by the sheriff from the
loungings of the court yard； after everything respectable has retired
from it。 Where then is our republicanism to be found？ Not in our
constitution certainly； but merely in the spirit of our people。 That
would oblige even a despot to govern us republicanly。 Owing to this
spirit； and to nothing in the form of our constitution； all things
have gone well。 But this fact； so triumphantly misquoted by the
enemies of reformation； is not the fruit of our constitution； but has
prevailed in spite of it。 Our functionaries have done well； because
generally honest men。 If any were not so； they feared to show it。
But it will be said； it is easier to find faults than to amend
them。 I do not think their amendment so difficult as is pretended。
Only lay down true principles； and adhere to them inflexibly。 Do not
be frightened into their surrender by the alarms of the timid； or the
croakings of wealth against the ascendency of the people。 If
experience be called for； appeal to that of our fifteen or twenty
governments for forty years； and show me where the people have done
half the mischief in these forty years； that a single despot would
have done in a single year； or show half the riots and rebellions；
the crimes and the punishments； which have taken place in any single
nation； under kingly government； during the same period。 The true
foundation of republican government is the equal right of every
citizen； in his person and property； and in their management。 Try by
this； as a tally； every provision of our constitution； and see if it
hangs directly on the will of the people。 Reduce your legislature to
a convenient number for full； but orderly discussion。 Let every man
who fights or pays； exercise his just and equal right in their
election。 Submit them to approbation or rejection at short
intervals。 Let the executive be chosen in the same way； and for the
same term； by those whose agent he is to be； and leave no screen of a
council behind which to skulk from responsibility。 It has been
thought that the people are not competent electors of judges _learned
in the law_。 But I do not know that this is true； and； 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 long been 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 amovability 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 republican constitutio