Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/194

184 Nine states continué to appoint their judges by the legislature; the rest, New York excepted, remove them by the will of two thirds of the legislature; and New York appoints then by a council annually chosen by the legislature. Not a single state has copied the general constitution in moulding judicial power, and every state has laboured to place it beyond the influence of executive power.

In forming state constitutions. publick opinion decided upon each detail seperately; in adopting the general con- stitution, it wvas compelled to decide upon a nass of various details. To this cause it is owing, that violations of several cssential prineiples adhered to by all the state constitutions, have been suffered, rather than adopted in the federal constitution. Every such contrariety is an irrefragable argument to prove, that one end of the oppugnancy ought to be suppressed by a constitutional amendment.

A degree of military power is conferred upon a president, which, when augmented and ripened by pretext, conjuncture or audacity, has alone sufficed, in every instance, to destroy national self government. To this instrument of destruction is subjoined a mass of civil power. The last refuge of self government is the legislature; in the purity of which resides its solitary hope of existence.

The executive power possesses the prerogative of confering lucrative offices upon members of congress; the senators not excepted, though relied on as a check upon executive power. In England, this prerogative has utterly disqualified the House of Commons, as the organ or guardian of the principle of self government, for the democratical order. It will operate in America as it has done in England. Is a legislature, courting the patronage of a man who commands an army, a pledge or residence for the principle of self government? Is this secured by enabling a man who commands an army, to corrupt the legislature by perpetual and brilliant hopes? Was Swift inspired in describing the difference between the corruption of hope and of prompt payment?—