From these hints, if pursued further, might be demonstrated the expediency of the whole people ‘intruding themselves’ on the office of legislation, and the wisdom of putting into force what they may claim as a right. But government is divided into two parts—the legislative and executive. The executive power you would lodge in the hands of an individual. Before we inquire into the propriety of this measure, it will be necessary to state the proper objects of the executive power in governments where the principle of universal representation is admitted. With regard to that portion of this power which is exerted in the application of the laws, it may be observed that much of it would be superseded. As laws, being but the expression of the general will, would be enacted only from an almost universal conviction of their utility, any resistance to such laws, any desire of eluding them, must proceed from a few refractory individuals. As far, then, as relates to the internal administration of the country, a Republic has a manifest advantage over a Monarchy, inasmuch as less force is requisite to compel obedience to its laws.
From the judicial tribunals of our own country, though we labour under a variety of partial and oppressive laws, we have an evident proof of the nullity of regal interference, as the king’s name is confessedly a mere fiction, and justice is known to be most equitably administered when the judges are least dependent on the crown.
I have spoken of laws partial and oppressive; our penal code is so crowded with disproportioned penalties and indiscriminate severity that a conscientious man would sacrifice, in many instances, his respect for the laws to the common feelings of humanity; and there must be a strange vice in that legislation from which can proceed laws in whose execution a man cannot be instrumental without forfeiting his self-esteem and incurring the contempt of his fellow-citizens.
But to return from this digression: with regard to the other branches of the executive government, which relate rather to original measures than to administering the law, it may be observed that the power exercised in conducting them is distinguished by almost imperceptible shades from the legislative, and that all such as admit of open discussion and of the delay attendant on public deliberations are properly the province of the representative assembly. If this observation be duly attended to, it will appear that this part of the executive power will be extremely circumscribed, will be stripped almost entirely of a deliberative capacity, and will be reduced to a mere hand or instrument. As a Republican government would leave this power to a select body destitute of the means of corruption, and whom the people, continually contributing, could at all times bring to account or dismiss, will it not necessarily ensue that a body so selected and supported would perform their simple functions with greater efficacy and fidelity than the complicated concerns of royalty can be expected to meet with in the councils of princes; of men who from their wealth and interest have forced themselves into trust; and of statesmen, whose constant object is to exalt themselves by laying pitfalls for their colleagues and for their country.