Page:Montesquieu - The spirit of laws.djvu/65

Rh The ministers are not properly their's unless they have the nomination of them: it is therefore a fundamental maxim in this government, that the people should chuse their ministers, that is, their magistrates.

They have occasion as well as monarchs, and even more so, to be directed by a council or senate. But to have a proper confidence in these, they should have the chusing of the members, and this whether the election be made by themselves, as at Athens; or by some magistrate deputed for that purpose, as on certain occasions was customary at Rome.

The people are extremely well qualified for chusing those, whom they are to intrust with part of their authority. They have only to be determined by things which they cannot be strangers to, and by facts that are obvious to sense. They can tell when a person has been in several engagements, and has had particular success ; they are therefore very capable of electing a general. They can tell when a judge is assiduous in his office, when he gives general satisfaction, and has never been charged with bribery : this is sufficient for chusing a praetor. They are struck with the magnificence or riches of a fellow citizen; this is as much as is requisite for electing an edile. These are all facts of which they can have better information in a public forum, than a monarch in his palace. But are they to manage an intricate affair, to find out and make a proper use of places, occasions, moments? No, this is beyond their capacity.

Should we doubt of the people's natural ability in respect to the discernment of merit, we need Rh