Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-12-09

The infancy OF the SuoJeC! ai mat moment, anu
our inexperience of self government occasloned
gross departures, in that draught, from genuine
republican canons In truth, the abuse OF mon
archy had so much filled all the space OF poiit'
ical contemplation that we imagined every
thing republican which was not monarchy. We
had not vet penetrated 10 the mother principle
that governments are republican only in pro-
portion as they embody the will of their peo-
ple. and execute t-Hence, our first constltu-
lions had really no leading principle in them,
but experience and reflection have but more q
more confirmed me in the particular lmpor-
lance of the equal representation then propos-
ed. Ga that point am entirely In sentiment
with YOUR letters; and only lament that copy
right of your pamphlet prevents their appear.
ance in the newspapers, were alone they would
be generally read, and produce general effect.
The present vacancy TOO OF other matter "ouid
give them place in every paper, and bring the
question home to every mans conscience.
But inequality of representation, in both hou-
ses Of our legislature, is not the only republic
an heresy in this first essay of our revolutionary
patriots at forming constitution, for let IT be
agreed that government is republican In pro-
portion as every member composing II has MS
equal voice in the direction OF Its concerns,
(not indeed in person, which would be lmprac-
ticable beyond the limits Of a city, or small
township, but) by representatives chosen by
himself, and responsible to him at short perl
DDS, and let US bring TO the test OF this canon
every branch Of our constitution.
In the legislature, the House Of Representa-
tiyes is chosen by less than half the people, and
not at all in proportion 10 those who do choose
The Senate are still more disproportionate, and
for long terms Of irresponsbility. In the Exc
cu,iye, the Governor is entirely independent OF
the choice Of the people, and of their controls
his Council equally so, and at best but nth
wheel 10 Wagon. In the Judiciary, the judi
ges Of the highest courts are dependant on none
but themselves. In England, where Judges
were named and removable at the will OF an
hereditary Executive, from which branch mos,
misrule was feared, and has flowed, it was a
great point gained, by fixing them Tor lite, to
make them independent of that Executive
| But in government founded on the public will,
the principle operates in an opposite direction,
| and against that will. There too they were
! still removable on concurrence OF the Execu-
tive and legislative branches; but we have made
them independent of the nation itself: they are
| irremovable but by their own body for any de-
pravties of conduct, and even by their own DO
| dy for the imbecilities Of dotage. The justices
| of the inferior courts are selt-chosen, are tor
| life, and perpetuate their own body IN success
sion forever, SO that a faction once possessing
itself Of the bench Of county, can never be
broken up, but hold their county in chains for
ever indissouble Yet these justices are the
real executive, as we'll as judiciary IN all our
minor and most ordinary concerns;-they tax
US a, will: fill the Office of Sheriff, the most i'm
| portant of all the executive officers OF the coun-
| ty, 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 anlenabe to them; they are
chosen by an officer named by the court and
executive. Chosen, did say? picked up by
the Sheriff from the loungings Of the court
yard, after every thing respectable has retired
| from it-where then is our republlcanlsm TO
be found? Not in our constitution certainly,
but merely in the spirit OF our people, that
would oblge even despot to govern US repub-
| canly; owing to this spirit and to nothing in
the form of our constitution, all things have
gone well. But this fact, SO triumphantly mis-
quoted 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; il any were not
SO, they feared TO show it.
| But it will be said it is easier to find faults
than 10 amend them. do not think their a
amendment SO difficult as is pretended; only lay
down true principles, and adhere to them in
fexibly. Do not De frightened into their sur
render by the alarms Of the timid, or the croak-
ings of wealth against the ascendancy OF the
people If experience be called for, appeal to
that Of our Is or 90 governments for 40 years,
and show me where the people have done half
the mischief in these forty years, that single
despot would have done in single year; or
shew where half the riots and rebelions, the
crimes and the punishments which have taken
place in any single nation, uncer kingly govern
ment, during the same period The true foun-
dation Of republican government, is the equal
right of every citizen in his person, and proper
ty, and in their management. Try by this as
ta!ley, every provision of our constitution, and
see if it hangs directly the will of the people;
reduce your legislature to convenient number
for full, but orderly discussion; let every man
who Fl ghts or pays, exercise his just and equal
right in their election, submit them to aPproba-
ton or rejection at short intervals-let the ex-
ecutive be chosen in the same way, and tor the
same term, by those whose agent ne is to be;
and leave no screen of a council behind which
to skulk from responsibility. 1t has been thought