cial.—Here again are remarkable limitations: he muſt be a foreigner, and he is for three years. This is to give ſome degree of ſtability to the judicial power, and to make it a real and powerful check both to the executive and legiſlative.
We are not indeed told whether the council of forty are elected annually or for life. Mr. Addiſon may, from his well-known character, be ſuppoſed to have been more attentive to the grand and beautiful monuments of ancient arts of every kind which ſurrounded him in Italy, than to this rough hillock, although the form of government might have excited his curioſity, and the ſimplicity of manners his eſteem; he has accordingly given a very imperfect ſketch of its conſtitution and hiſtory. Yet enough appears to ſhew inconteſtibly, that St. Marino is by no means a perfect democracy. It is a mixture of monarchy, ariſtocracy, and democracy, as really as Sparta or Rome were, and as the Maſſachuſetts, New-York, and Maryland now are, in which the powers of the governor, ſenate, and aſſembly, are more exactly aſcertained and nicely balanced, but they are not more diſtinct than thoſe of the capitaneos, council of forty, and the arengo are in St. Marino.
Should it be argued, that a government like this, where the ſovereignty reſides in the whole body of the people, is a democracy, it may be anſwered, that the right of ſovereignty in all nations is unalienable and indiviſible, and does and can reſide no where elſe; but not to recur to a principle ſo general, the exerciſe, as well as right of ſovereignty, in Rome, reſided in the people, but the government was not a democracy. In America, the right of ſovereignty reſides indiſputably in the body of the people, and they have the
