m i 1 i ^ 1 M i SSeSbSobk ^^^^ ^^^^^sm ljiiKT|ttLjrhCi jrrsnragwi * ira ^ s^ 5T^ GIFT OF SEELEY W. MUDD and GEORGE I. COCHRAN MEYER ELSASSER DR. JOHN R. HAYNES WILLIAM L. HONNOLD JAMES R. MARTIN MRS. JOSEPH F. SARTOR! to the UNIVERSITY OF CALIFORNIA SOUTHERN BRANCH JOHN FISKE tJNIVEKSlTY of CALIFOMHI^.^ AT LOS ANGELES UBRAKY DEFENCE OF THE CONSTITUTIONS of GOVERNMENT OF THE UNITED STATES of AMERICA. By JOHN ADAMS, LL. D. AND A MKMBXR OP THI ACADEMY OF ARTS AND SC1KNCS8 AT BOSTON. An nature's ^fference keeps all nature''s peace. Porx* LONDON: PRINTED FOR C. DILLY, IN THE POULTRT J4.PCC.I.XXXV1J. V. 1 ' PREFACE. THE arts and fciences, in general, during the three or four laft centuries, have had a regular courfe of progreflive improvement. The inventions in mechanic arts, the difcoveries in na- tural philofophy, navigation, and commerce, and the advancement of civilization and humanity, have occafioned changes in the condition of the y world, and the human charadler, which would ; ,7 have aftonilhed the mod refined nations of anti- quity. A continuation of fimilar exertions is every day rendering Europe more and more like one community, or fingle family. Even in the o theory and pradlice of government, in all the fim- .^ pie monarchies, confiderable improvements hav ' been made. The checks and balances of re- c) publican governments have been in fome degree tt) adopted by the courts of princes. By the erec- U^ tion of various tribunals, to rcgillei- the laws, and exercife the judicial power by indulging the petitions and remonftrances of fubjedts, until by habit they are regarded as rights a controul has been eftablillied over minifters of ftate, and the royal councils, which approaches, in fomc de- gree, to the fpirit of republics. Property is ge- nerally fecure, and perfonal liberty feldom in- vaded. The prefs has great influence, even where a it ii Preface. it is not exprefsly tolerated ; and the public opi- nion mufl be refpeded by a minifter, or his place becomes infecure. Commerce begins to thrive : and if religious toleration were cftablilhed, and perfonal liberty a little more protected, by giving anabfolute right to demand a public trial in a certain reafonable time and the ftates invefted with a few more privileges, or rather reftored to fome that have been taken away thefe govern- ments would be brought to as great a degree of perfedion, they would approach as near to the charaler of governments of laws and not of men, as their nature will probably admit of. In fo ge- neral a refinement, or more properly reformation of manners and improvement in knowledge, is it not unaccountable that the knowledge of the principles and conftruftion of free governments, in which the happinefs of life, and even the fur- ther progrefs of improvement in education and fociety, in knowledge and virtue, are fo deeply interefted, fhould have remained at a full (land for two or three thoufand years ? According to a flory in Herodotus, the nature of monarchy, ari- ftocracy, and democracy, and the advantages and inconveniences of each, were as well underftood at the time of the neighing of the horfe of Darius, as they are at this hour. A variety of mixtures of thefe fimple fpecies were conceived and at- tempted, with different fuccefs, by the Greeks and Romans. Reprefentations, inflead of collec- tions, of the people a total feparation of the '"xecutive Preface, lii executive from the legiflative power, and of the judicial from both and a balance in the legifla- ture, by three independent, equal branchesarc perhaps the three only difcoveries in the confti- tution of a free government, fince the inftitution of Lycurgus. Even thefe have been fo unfortu- nate, that they have never fpread : the firft has been given up by all the nations, excepting one, who had once adopted it; and the other two, reduced to pradice, if not invented, by the Englifh nation, have never been imitated by any other except their own defendants in America. While it would be rafli to fay, that nothing further can be done to bring a free government, in all its parts, ftill nearer to perfe6tion-*-the reprefentations of the people are moft obvioufly fufceptible of improvement. The end to be aimed at, in the formation of a re- prcfentative alTembly, feems to be the fenfe of the people, the public voice : the perfe<5bion of the portrait confifts in its likencfs. Numbers, or pro- perty, or both, Ihould be the rule ; and the pro- portions of dehors and members an affair of cal- culation. The duration fhould not be fo long that the deputy fhould have time to forget the opinions of his conftituents. Corruption in elec- tions is the great enemy of freedom. Among the provifions to prevent it, more frequent eledions, and a more general privilege of voting, are not all that might be devifed. Dividing the diflrifts, diminifhing the diftance of travel, and confining the choice to rcfidents, would be great advances a 2 towardc IV Preface'. towards the annihilation of corruption. The modern ariftocracies of Holland, Venice, Berne, &c. have tempered themfelves with innumerable multitudes of checks, by which they have given a great degree of (lability to that form of govern- ment : and though liberty and life can nevtr be there enjoyed fo well as in a free republic, none is perhaps more capable of profound fagacity. Wc fhall learn to prize the checks and balances of a free government, and even thofc of the modern ariftocracies, if we recollect the miferies of Greece which arofe from their ignorance of them. The only balance attempted againft the ancient kings was a body of nobles , and the confequences were perpetual altercations of rebellion and tyranny, and butcheries of thoufands upon every revolution from one to the other. When the kings Vv'ere aboliflied, the ariftocracies tyrannized j and then 210 balance was attempted but between arifto- cracy and democracy. This, in the nature of things, could be no balance at all, and therefore the pendulum was for ever on the fwing. It is ilimDfBble to read in Thucidydes, lib. iii. his ac- count of the fadions and confufions throughout all Greece, which v/ere introduced by this want t>f an equilibrium, without horror. During the few days that Eurymedon, with his troops, conti- nued at Corcyra, the people of that city extended the maflacre to all whom they judged their ene- mies. The crime alleged was, their attempt to overturn the democracy. Some periflied merely tlirough Preface. v through private enmity -, fom?, for the money they had lent, by the hands of the borrower. Every kind of death, every dreadful ad, was perpetrated. Fathers flew their children ; fomc were dragged from altars, fome were butchered at them ; numbers, immerfed in temples, were ftarved. The contagion fpread through the whole extent of Greece : faflions raged in every city ; the licentious many contending for the Athenians, and the afpiring few for the Lacedcemonians. The confequence was, feditions in cities, with all their numerous and tragical incidents. Such things ever will be, fays Thucidydes, fo long as human nature continues the fame. But if this nervous hiftorian had known a balance of three powers, he would not have pronounced the dif- temper fo incurable, but would have added -f long as parties in cities remain unbalanced. He adds Words loft their fignification : brutal ra(h- nefs was fortitude ; prudence, cowardice ; modef- ty, effeminacy ', and being wife in every thing, to be good for nothing : the hot temper was manly valour ; calm deliberation, plaufible knavery ; he who boiled with indignation, was trultworthy ; and he who prefumed to contradid:, was ever fuf- peded. Connexion of blood was lefs regarded than tranfient acquaintance : alTociations were not formed for mutual advantage, confident with law, but for rapine againll all law: truft was only conimunication of guilt : revenge was more va- lued, than never to have fuffered an injury : per- a q iuries vi Preface. juries were mafter-pieces of cunning , the dupe* only blufhed, the villains moft impudently tri- umphed. The fource of ail thefe evils is a thirft of power, from rapacious or ambitious paffions. The men of large influence, fome contending for the juft equality of the democratical, and others for the fair decorum of ariftocratical government, by artful founds, embarraffed thofe communities, for their own private lucre, by the keeneft fpirit, the moft daring projedls, and moft dreadful ma- chinations. Revenge, not limited by juftice or the public welfare, was meafured only by fuch re- taliation as was judged the fweeteft by capital condemnations, by iniquitous fentences, and by glutting the prefent rancour of their hearts with their own hands. The pious and upright condudl was on both fides difregarded ; the moderate citizens fell victims to both. Seditions introduc- ed every fpecies of outrageous wickednefs into the Grecian manners. Sincerity was laughed out of countenance : the whole order of human life was confounded : the human temper, too apt to tranfgrefs in fpite of laws, now having gain- ed the afcendant over law, feemed to glory that it was too ftrong for juftice, and an enemy to all fuperiority. Mr. Hume has colledied, from Dio- dorus Siculus alone, a few maflacres which hap- pened in only fixty of the moft poliftied years of Greece: From Sybaris 500 nobles baniftied j of Chians, 600 citizens j at Ephefus, 340 killed, 1000 baniftied \ of Cyrenians, 500 nobles killed, 7 all Preface. vii ali the reft banifhed ; the Corinthians killed 120, banifhed 500 ; Phsebidas banifhed 300 Boeotians. Upon the fall of the Lacedaemonians, democracies were reftored in many cities, and fevere vengeance taken of the nobles : the ba- nifhed nobles returning, butchered their adverfa- ries at Phialas, in Corinth, in Megara, in Phliafia, where they killed 300 of the people ; but thefe again revolting, killed above 600 of the nobles, and baniilied the reft. In Arcadia, 1400 ba- nifhed, befides many killed ; the banifhed retired to Sparta and Pallantium ; the latter were deli- vered up to their countrymen, and all killed. Of the banifhed from Argos and Thebes, there were 509 in the Spartan army. The people, be- fore the ufurpation of Agathocles, had baniflied 600 nobles; afterwards that tyrant, in concurrence with the people, killed 4000 nobles, and banifhed 6000 i and killed 4000 people at Gela : his brother banifhed 8000 from Syracufe. The in- habitants of -^gefta, to the number of 40,000, were killed, man, woman, and child, for the fake of their money : all the relations of the Libyan army, fathers, brothers, children, killed : 7000 exiles killed after capitulation. Thefe num- bers, compared with the population of thofe cities, are prodigious ; yet Agathocles was a man of character, and not to be fufpeded of cruelty, contrary to the maxims of his age: fuch were the fafhionable outrages of unbalanced parties. a 4 In viii Preface. In the name of human and divine benevolence, is fuch a fyftem as this to be recommended to Americans, in this age of the world ? Human na- ture is as incapable now of going through revo- lutions with temper and fobriety, with patience and prudence, or without fury and madnefs, as it was among the Greeks fo long ago. The latcft revolution that we read of was conducled, at leaft on one fide, in the Grecian ftyle, with laconic energy j and with a little attic fait ; at leafl:, without too much patience, forefight, and prudence, on the other. Without three orders, and an effec- tual balance between them, in every American con- flitution, it mull be deftined to frequent unavoid- able revolutions : if they are delayed a few years, they muft come, in time. The United States are large and populous nations, in comparifon of the Grecian commonwealths, or even the Swifs can- tons i and are growing every day more difpropor- tionate, and therefore lefs capable of being held together by fimple governments. Countries that increafe in population fo rapidly as the States of America did, even during fuch an impoverifhing and deftrudive war as the laft was, are not to be bound long with filken threads : lions, young or old, will not be bound by cobwebs. It would be better for America, it is neverthelefs agreed, to ring all the changes with the whole fet of bells, and go through all the revolutions of the Grecian ftates, rather than eftablifh an abfolute monarchy among them, notwithilanding all the great and real Preface, ix real improvements made in that kind of govern- ment. The objedion to thefe governments is not be- caufe they are fupported by nobles, and a fubor- dination of ranks ; for all governments, even the moft democratical, are fupported by a fubor- dination of offices, and of ranks too. None ever exifted without it but in a ftate of anarchy and outrage, in a contempt of law and juftice, no bet- ter than no government. But the nobles, in the European monarchies, fupport them more by oppofing than promoting their ordinary views. The kings are fupported by their armies : the nobles fupport the crown, as it is in full pofTeflion of the gift of all employments ; but they fupport it ftill more by checking its minifters, and pre- venting them from running into abufcs of power, and wanton defpotilm : otherwife the people would be pufhed to extremities and infurredions. It is thus that the nobles reconcile the monarchical au- thority to the obedience of the fubjeds ; but take away the (landing armies, and leave the nobles to themfelves, and they would overturn every mo- narchy in Europe, in a few years, and ere6l arifto- cracies. It is become a kind of falhion among writers, to admit, as a maxim, that if you could be always fure of a wife, adive, and virtuous prince, monarchy would be the beft of govern- rrients. But this is fo far from being admiffible, that it will for ever remain true, that a free go- vernment has a great advantage over a fimple monarchy. af Preface, monarchy. The bed and wifeft prince, by means of a freer communication with his people, and the greater opportunities to colle<5t the bell advice from the beft of his fubjedts, would have an im- menfe advantage in a free ftate more than in a monarchy. A fenate confiding of all that is mofl noble, wealthy, and able in the nation, with a right to counfel the crown at all times, is a check to minifters, and a fccurity againft abufes, that a body of nobles who never meet, and have no fuch right, can never accomplifh. Another afiembly, compofed of reprefentatives chofen by the peo- ple in all parts, gives the whole nation free ac- cefs, and communicates all the wants, knowledge, projed:s, and wifhes of the nation, to government ; excites an emulation among all clalTes, removes complaints, redrefles grievances, affords opportu- nities of exertion to genius though in obfcurity, and gives full fcope to all the faculties of man ; opens a paiTage for every fpeculation to the legif- lature, to adminiftration, and to the public : it gives a univerfal energy to the human character, in every part of the ftate, which never can be ob- tained in a monarchy. There is a third particular which deferves atten- tion both from governments and people. The mi- nifters of ftate,in a fimple monarchy, can never know their friends from their enemies : cabals in fccrec undermine their influence, and blaft their reputa- tions. This occafions a jcaloufy ever anxious and irritated, which never thinks the government fafe without Prefact. without an encouragement of informers and fpies, throughout every part of the ftate, who interrupt the tranquillity of private life, deftroy the confi- dence of families in their own domeftics and one another, and poifon freedom in its fweeteft retire- ments. In a free government, on the contrary, the minifters can have no enemies of confequence but among the members of the great or little council, where every man is obliged to take his fide, and declare his opinion, upon every qucftion. This circumftance alone, to every manly mind, would be fufficient to decide the preference in favour of a free government. Even fecrecy, where the executive is entire in one hand, is as eafily and furely preferved in a free government as in a fhTiplc monarchy ; and as to difpatch, all the fimple monarchies of the whole univerfe may be defied to produce greater or more examples of it than are to be found in Englifh hiftory. An Alexander, or a Frederic, pofieffed of the prero- gatives only of a king of England, and leading his own armies, would never find himfelf embar- rafled or delayed in any honeft enterprize. He might be reftrained, indeed, from runing mad, and from making conquefts to the ruin of his nation, merely for his own glory : but this is no argu- ment againft a free government. There can be no free government without a democratical branch in the conftitution. Monarchies and ariftocracies are in poflefllon of the voice and influence of every univerfity and academy in Europe. Democracy, fimple xii Preface, fimple democracy, never had a patron among mer^ of letters. Democratical mixtures in govern- ment have loft almoft all the advocates they ever had out of England and America. Men of letters muft have a great deal of praifc, and fome of the neceflaries, conveniences, and or- naments of life. Monarchies and ariftocracies pay well and applaud liberally. The people have almoft always expefted to be ferved gratis, and to be paid for the honour of ferving them ; and their applaufes and adorations are beftowed too often on artifices and tricks, on hypocrify and fuperftition, on flattery, bribes, and largefles. It is no wonder then that democracies and democra- tical mixtures are annihilated all over Europe, except on a barren rock, a paltry fen, an inaccef- fible mountain, or an impenetrable foreft. The people of England, to their immortal honour, are hitherto an exception ; but, to the humiliation of human nature, they ftiew very often that they arc like other men. The people in America have now the beft opportunity, and the greateft truft, in their hands, that Providence ever commit- ted to fo fmall a number, fince the tranfgeffion of the firft pair : if they betray their truft, their guilt will merit even greater puniftiment than other nations have fufFered, and the indig- CD nation of heaven. If there is one certain truth to be collefted from the hiftory of all ages, it is this : That the people's rights and liberties, and the de- mocratical mixture in a conftitution, can never be prclerved wiLhout a ftrong executive, or, in other word.s . Preface. xili words, without feparating the executive power from the legiflative. If the executive power, or any confiderable part of it, is left in the hands cither of an ariftocratical or a democratical aflem- bly, it will corrupt the legiflature as neceflarily as ruftcorrupts iron, or as arfenic poifons the human body ; and when the legiflature is corrupted the people are undone. The rich, the well-born, and the able, acquire an influence among the people, that will foon be too much for fimplc honefty and plain fenfe, in a houfc of reprelentatives. The mofl illuftrious of them muft therefore be feparated from the mafs, and placed by themfelves in a fenate : this is, to all honed and ufeful intents, an oftracifm. A member of a fenate, of immenfe wealth, the mofl refpefted birth, and tranfcendent abilities, has no influence in the nation, in comparifon of what he would have in a fingie reprefentative affembly. When a fenate exifts, the moft powerful man in the ftate may be fafely admitted into the houfc of reprefentativcs, becaufe the people have it in their power to remove him into the fenate as foon as his influence becomes dangerous. The fenate becomes the great obje6l of ambition ; and the richefl: and the mofl: fugacious wi(h to merit an advancement to it by fervices to the public in the houfe. When he has obtained the obje<5t of his wiflics, you may ftill hope for the benefits of his exertions, without dreading his pafllons ; for %{v Prefacf, for the executive power being in other hands, he has loft much oF his influence with the people, and can govern very few votes more than his own among the fenators. It was the general opinion of ancient nations, that the divinity alone was adequate to the im- portant office of giving laws to men. The Greeks entertained this prejudice throughout all their difperfions , the Romans cultivated the fame po- pular dclufion i and modern nations, in the con- fecrations of kings, and in feveral fuperftitious chimeras of divine rights in princes and nobles, are nearly unanimous in preferving remnants of it: even the venerable magiftrates of Amersfort devoutly believe themfelves God's vicegerents. Is it that obedience to the laws can be obtained from mankind in no other manner? Is the jealoufy of power, and the envy of fuperiority, fo ftrong in all men, that no confiderations of public or private utility are fufficient to engage their fubmiffion to rules for their own happinefs ? Or is the difpofition to impofture fo prevalent in men of experience, that their private views of ambition and avarice can be accomplifhed only by artifice ? It was a tradition in antiquity that the laws of Crete were dictated to Minos by the infpiration of Jupiter. This legiflator, and hig brother Rhadamanthus, were both his fons : once in nine years they went to converfe with their father, to propofe queftions concerning the wants Preface. xr wants of the people ; and his anfwers were record- ed as laws for their government. The laws of Laced^mon were communicated by Apollo to Lycurgus ; and, left the meaning of the deity ftiould not have been perfectly comprehended, or corredly exprcfled, were afterwards confirmed by his oracle at Delphos. Among the Romans, Numa was indebted for thofe laws which pro- cured the profperity of his country to his con- vcrfations with Egeria. The Greeks imported thefc myfteries from Egypt and the Eaft, whofc defpotifms, from the remoteft antiquity to this day, have been founded in the fame folemn em- piricifm ; their emperors and nobles being all de- fcended from their gods. Woden and Thor were divinities too ; and their pofterity ruled a thou- fand years in the north by the ftrength of a like credulity. Manco Capac was the child of the fun, the vifible deity of the Peruvians ; and tranf- mitted his divinity, as well as his earthly dignity and authority, through a line of incas. And the rudeit tribes of favages in North America have certain families under the immediate proteflion of the god war, from which their leaders are al- ways chofen. There is nothing in which man- kind have been more unanimous; yet nothing can be inferred from it more than this, that the multitude have always been credulous, and the few artful. The United States of America have exhibited, perhaps, the firft example of govern- ments kvi Preface. mcnts ereded on the fimple principles of na- ture : and if men are now fufficiently enlightened to difabufe themfelves of artifice, impofture, hy- pocrify, and fuperftition, they will confider this event as an aera in their hiftory. Although the detail of the formation of the American govern- ments is at prefent little known or regarded ei- ther in Europe or America, it may hereafter be- come an objed of curiofity. It will never be pretended that any perfons employed in that fer- vice had any interviews with the gods, or were in any degree under the infpiration of heaven, any more than thofe at work upon fhips or houfes, or labouring in merchandize or agricul- ture : it will for ever be acknowledged that thefc governments were contrived merely by the ufe of reafonandthefenfes. As Copley painted Chatham, Weft, Wolf, and Trumbull, Warren and Mont- gomery ; as Dwight, Barlow, Trumbull, and Humphries compofed their verfe, and Belknap and Ramzay hiftory ; as Godfrey invented his quadrant, and Rittenhoufe his planetarium , as Boylfton prailifed inoculation, and Franklin eledricity , as Paine expofed the miftakes of Raynal, and JefFerfon thofe of Butfon, fo unphi- lofophically borrowed from the Recherches Phi- lofophiques fur les Americains, thofe defpicable dreams of De Paw neither the people, nor their conventions, committees, or fub-commit- tees, confidered legiflation in any other light than Preface, xvii than ordinary arts and fciences, only as of more importance. Called without expeflation, and com- pelled without previous inclination, though un- doubtedly at the beft period of time both for England and America, to ere6t fuddenly new fyftems of laws for their future government, they adopted the method of a wife architeft, in erefling a new palace for the refidence of his fovereign. They determined to confult Vitru- vius, Palladio, and all other writers of reputa- tion in the art 5 to examine the mod celebrated buildings, whether they remain entire or in ru- ins ; compare thefe with the principles of wri- ters , and enquire how far both the theories and models were founded in nature, op created by fancy : and, when this fhould be done, as far as their circum>ftanccs would allov/, to adopt the advantages, and rejeft the inconveniences, of all. Unembnrrafkd by attachments to noble families, hereditary lines and fuccefTions, or any confiderations of royal blood, even the pious myftery of holy oil had no more influence than that other of holy water : the people univerfally were too enlightened to be impofed on by arti- fice-, and their leaders, or more properly follow- ers, v;ere men of too much honour to attempt it. Thirteen governments thus founded on the natural authority of the people alone, without a pretence of miracle or myftery, which are def- tined to fpread over the northern part of that b whele xvVii Prefacg. whole quarter of the globe, are a great point gained in favour of the rights of mankind. The experiment is made, and has completely fuc- ceeded : it can no longer be called in queftion, whether authority in magiftrates, and obedience of citizens, can be grounded on reafon, mora- lity, and the Chriftian religion, without the monkery of prieRs, or the knavery of politi- cians. As the v/riter was perfonally acquaint- ed with moft of the gentlemen in each of the dates, who had the principal fhare in the firft draughts, the following letters were really written to lay before the gentleman to whom they are addrefied, a fpecimcn of that kind of reading and reafoning wliich produced the Ame- rican conflitutions. It is not a little furprifmg that all this kind of learning tliould have been unknown to any illuf- trious philofopher and llatefman, efpecially one who really was, what he has been often called, " a v/ell of fcience." But if he could be unac- quainted with ir, or it could have efcaped his memory, we may fuppofe millions in America have occafion to be reminded of it. I'he wri- ter lias long ken with anxiety the facility with which pliilofophers of greateft nam.e have under- taken to v/rite of American affairs, without knowing any thing of them, and have echoed and re-echoed each other's vifions. Having nei- ther talents, leifure, nor inclination, to meet fuch champions in the field of literary controverfy, .^ he PrefacT. Slix he little thought of venturing to propofe to them any queftions : circumftances, however, have lately occurred, which feemed to require that fome notice (hould be taken of one of thenii If the publication of thefe papers fhould contri- bute any thing to turn the attention of the younger gentlemen of letters in America to this kind of enquiry, it will produce an eifefl of fome importance to their country. The fubje6t is the moft interefbing that can engage the un- derftanding or the heart , for whether the end of man, in this ftage of his exiftence, be en- joyment or improvement, or both, it can never be attained fo well in a bad government as a good one. The prafticability or the duration of a repub- lic, in which there is a governor, a fenate, and a houfe of reprefentatives, is doubted by Taci- tus, though he admits the theory to be lauda- ble :" Cunflas na- ones et urbes, popuius, ** aut priores, aut fin^ali, regunt. Delcda ex *' his et conftituta reipublicce forma, iaudart *' facilius quam inveniri ; vei, fi eveniu, haud " diuturna efle poteft." Ann. lib. iv. Cicero aflerts " Statuo efle optime conftitutam rcm- " publicam, qua; ex tribus generibus iilis, re- *' gali, oprimo, et populari, modice cor'rufa.'* Frag. in fuch ptrcTiprory terms the luperio- rity of fuch a government to all other forms, that the lofs of his book upon republics is much b 2 10 XX Prefacs. to be regretted. From a few paffages that have been preferved, it is very probable he entered more largely into an examination of the compo- fition of monarchical republics than any other ancient writer. He was fo far from apprehend- ing "difputes" from a variety of orders, that he alHrms it to be the firmeft bond of juftice, and the flrongeft anchor of fafety to the com- munity. As the treble, the tenor, and the bafs exift in nature, they will be heard in the con- cert : if they are arranged by Handel, in a fkil- ful compofition, they produce rapture the moft exquifite that harmony can excite-, but if they are confufed together without order, they will " Rend with tremendous found your ears " aflmder." *' Ut in fidibus ac tiblis, atque cantu ipfo, a vocibus concentus efl quidam tenendus ex diftinctis fonis, quern immutatum ac difcre- pantem aures eruditse ferre non poffunt ; if- que concentus, ex dijfimillimarum vocum mode- rat i one ^ concors tamen ejficitur et congruens : fie ex- fummis et hifjnis et mediis interjetlis ordi- nibus, ut fonis, moderata raiioiie, civitas con- fenfu diffimillimoium concinit; et qu2e har- monia a muficis dicitur in cantu, ea eft in civitate concord ia, arctiiTimum atque opti- mum omni in repubiica vinculum incolumi- tatisj qu fine juftitia nuUo pado eflie po- I " teft/! Preface. xxl '* teft." Cicero, Frag, de Repub. As all the ages of the world have not produced a greater ftatefman and philofopher united in the fame character, his authority Ihould have great weight. His decided opinion in favour of three branches is founded on a reafon that is unchangeable ; the laws, which are the only poffible rule, niea- fure, and fecurity of juftice, can be fure of pro- tedion, for any courfe of time, in no other form of government : and the very name of a repub- lic implies, that the property of the people fhould be reprefented in the legiflature, and decide the rule of juftice. *' Relpublica eft res " populi. Populus autem non omnis coetus *' multitudinis, fed coetus juris conl'enfu, et uti- litatis communione fociatus." Frag, de Rep. " Refpublica res eft populi, cum bene ac jufte geritur, five ab uno rege, five a paucis " optimatibus, five ab univerlb populo. Cum vero injuftus eft rex, quem tyrannum voco ; aut injufti optimates, quorum confenfus fac- tio eft ; aut injuftus ipfe populus, cui no- '* men ufitatum nullum reperio, nifi ut etiam " ipfum tyrannum appellem \ non jam vitiofa, fed omnino nulla refpublica eft ; quoniam non eft res populi, cum tyrannus eam fadliove *' capcflat ; nee ipfe populus eft fi fit injuftus, quoniam non eft multitudinis juris confenfu, et utilitatis unione fociata. '' Frag, de Re- pub. b3 " Ubi (C 5ixii Prqace. " Ubl vero juftitia non eft, ncc jus pouit *^' effe; quod enim jure fir, profe<5to jufte fit; ' quod autem fit injufte, nee jure fieri poteft. *' Non enim jura dicenda funt, vel putanda, in- *': iqua hominum conftituta, cum illud etiam ipfi *' jus efTe dicant quod de juftici^ fonie manave- '' rit ; falfumque fit, quod a quibufdam non ^' redle fentientibus dici folet, id jus efTe, quod *': ei, qui plus potefl, utile efl." According to this, a fimple monarchy, if it could in reality be what it pretends to be a government of laws, might be juftly denominated a republic. A li- mited monarchy, therefore, efpecially when li- mited by two independent branches, an arifto- cratical and a democratical power in the confti- tution, may with ftridl propriety be called by that name. If Cicero and Tacitus could revifit the earth, and learn that the Engliih nation had reduced the great idea to practice, and brought it nearly to perfedlion, by giving each divifion a power to defend itfelf by a negative , had found it the mofl folid and durable government, as well as tlie mofl free ; h^d obtained, by means of it, a profperity among civilized nations, in an enlight- ened age, like that of the Rornans among bar- barians : and that the Americans, after having enjoyed the benefits of fuch a conititution a century and a half, were advifed by fome of the greateft philofophers and politicians of the age Preface. xxiii to renounce it, and fee up the governments of ancient Goths and modern Indians what would they fay ? That the Americans would be more re- prehenfible than the Cappadocians, if they fliould liften to fuch advice. It would have been much to the purpofe to have inferted a more accurate inveftigation of the form of government of the ancient Germans and modern Indians ; in both, the exiftence of the three divifions of power is marked with a precifion that excludes all con- troverfy. The democratical branch, efpecialiy, is fo determined, that the real fovereignty re- fided in the body of the people, and was exer- cifed in the afiembly of king, nobles, and com- mons together. Thefe inftitutions really colle6r- ed all authority into one center of kings, nobles, and people. But fmall as their numbers, and narrow as their territories v/ere, the confequence was confufion ; each part believed it governed the whole: the chiefs thought they were fove- r^^ign ; the nobles believed the power to be in their hands , and the people flattered themfelve^ that all depended upon them. Their purpofes were well enough anfwered, without coming to an explanation, while they were few in numbers, and had no property , but when fpread over large provinces of the Roman empire, now the great kingdoms of pAirope, and grown populous and rich, they found the inconvenience of not know- iig each its place. Kings, nobles, and peopie b -^ claimed xxiv Preface. claimed the government in turn : and after all the turbulence, wars, and revolutions, which compofe the hiflory of Europe for fo many ages, we find fimple monarchies eflablidied every where. Whether the fyflem will now become llationary, and laft for ever, by means of a few further improvements in monarchical govern- ments, we know not -, or v/hether flill further revolutions are to come. The moft probable, or rather the only probable change is, the intro- dudlion of democratical branches into thofe go- vernments. If the people fnould ever aim at more, they will defeat themfelves j and indeed if they aim at this, by any other than gentle means, and by gradual advances , by improve- ments in general] education, and informing the public mind. The fyftems of legiflators are experiments made on human life and manners, fociety and government. Zoroafter, Confucius, Mithras, Odin, Thor, Mahomet, Lycurgus, So- lon, Romulus, and a thoufand others, may be compared to philofophers making experiments on the elements. Unhappily a political experi- ment cannot be made in a laboratory, nor deter- mined in a few hours. The operation once be- gun, runs over whole quarters of the globe, and is not finifhed in many thouiands of years. The experiment of Lycurgus lafted itw^^n hundred years, but never fpread beyond the limits of La- conia, The procefs of Solon blowed out in one century ^ Freface. xxt century , that of Romulus lafted but two cen- turies and a half; but the Teutonic inftitutions, defcribed by Csefar and Tacitus, are the moft memorable experiment merely political, ever yet made in human affairs. They have fpread all over Europe, and have lafted eighteen hundred years. They afford the ftrongeft argument that can be imagined in fupport of the point aimed at in thefe letters. Nothing ought to have more weight with America, to determine her judgment againft mixing the authority of the one, the few, and the many, confufedly in one affembly, than the wide-fpread miferies and final flavery of al- moft all mankind, in confequence of fuch an ignorant policy in the ancient Germans. What is the ingredient which in England has preferved the democratical authority ? The balance, and that only. The Englilh have, in reality, blend- ed together the feudal inftitutions with thofe of the Greeks and Romans ; and out of all have made that noble compofition, whiqh avoids the inconveniences, and retains the advantages, of both. The inftitutions now made in America will never wear wholly out for thoufands of years : it is of the laft importance then that they fhould begin right , if they fet out wrong, they will never be able to return, unlefs it be by accident, to the right path. After having known the hiftory of Europe, and of England in par- pcular, it would be the height of folly to go back Preface. back to the inftltutions of Woden and of Thor, as they are adviled to do : if they had been counfelled to adopt a fimple monarchy at once, it would have been lefs myfterious. Robertfon, Hume, and Gibbon have given fuch admirable accounts of the feudal inftitutions, and their confequences, that it would have been more dif- creet to have referred to them, perhaps, without faying any thing more upon the fubjed. To col- led tof^ether the legiflation of the Indians, v/ould take up much room, but would be well worth the pains. The fovereignty is in the nation, it is true, but the three powers are ftrong in every tribe i and their royal and ariftocratical dignities are much more generally hereditary, from the popular partiality to particular families, and the luperftitious opinion that fuch are favourites of the God of War, than the late writers upon this fubjed have allowed. Grofvenor Square^ January i, 1787. CONTENTS. CONTENTS. I-ETTER Page I. pRelminary Ohfer-vations 3 II. "-" 5 DEMOCRATICAL REPUBLICS, III. St. Marino , S IV. Bifcay i5 The Grifons 21 The United Provinces of the Low Countries 22 V. S':x;itzerland ib. Jppenzel 23 VI. Underwald iG VII. Claris -^ 28 yiii. Zug T^ IX 31 . Uri xxviii CONTENTS. LETTER Page IX. Uri * m^ ^2 X, Switz 24 ARISTOCRATICAL REPUBLICS. XI. Berne 35 XII. Fribourg "^39 XIII. Sokure -42 XIV". Lucerne 45 XV. Zurich 47 XVI. Schaffhaufe -49 Mulhoufe 5/Vm5 50 XVII. 5/. G^// 51 Geneva 52 XVIII. iL^f^ Genoa ""5^ XIX. Venice 58 ST^^ United Provinces of the Low Countries 69 MONARCHICAL REPUBLICS. XX. England - 70 XXI. Poland 72 XXII. Poland 74 XXIII. Recapitulation r 91 ANCIENT CONTENTS. XXIX LETTER Page ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS. XXIV. Dr. Swiff 97 XXV. Dr. Franklin 105 XXVI. Dr. Price 121 MIXED GOVERNMENTS.' XXVII. Machiavel Hi Sidney H^ XXVIII. Monteffiuieu i53 ANCIENT REPUBLICS, AND OPINIONS F PHILOSOPHERS. XXIX. Harrington 158 XXX. P^'/}'^/^^ -* 169 XXXI. Fclybius ^77 XXXII. Dionyfms Halicarnajfenfis Va- lerius -^ I ^4 XXXIII. Flato 188 XXXIV. Sir "Thomas Smith "^ 207 ANCIENT DEMOCRATICAL REPUBLICS. XXXV. Carthage -^ 210 ANCIENT XXX CONTENTS. LETTER Page ANCIENT ARISTOCRATICAL REPUBLICS. XXXVI. Rome 215 ANCIENT MONARCHICAL REPUBLICS. XXXVII. "Tacitus 22 XXXVIII. Homer Ph^acia 2,^2 XXXIX. Homer Ithaca 237 " Homer -'242 D ANCIENT ARISTOCRATICAL REPUBLICS. XL. Lacedamon 249 ANCIENT DEMOCRATICAL REPUBLICS. XLI. Athens * 260 XLII, Antalcidas -* -2 85 XLIII. Achaia ' 295 XLIV. Crete 305 XLV. Corinth 308 XLVI. Argos * ' 311 XLVII. Iphitus - "^ ^^5 XLVIII. rhehes 318 ANCIENT ARISTOCRATICAL REPUBLICS. XLIX. Crotom Pythagoras < 322 ANCIENT CONTENTS. xxx; LETTER rage ANCIENT DEMOCRATICAL REPUBLICS. L. Syharis Charondas 327 LI. Locris ZakucHS 3Z^ LII. Rome CONCLUSION. 334 LIII. Congrefs :62 LIV. Locke^ MilioHy and Hume 3(^5 LV. Ccndujion 372 Pojlfcript r* r- 3 S3 LETTER LETTER L GROSVENOR-uQLrARE, Ocloher /\.^ I786. My dear Sir, ^I^HREE writers in Europe, of great abili- JL tics, reputation, and learning, Mr, Turgot, the Abbe De Mably, and Dr. Price, have turned their attention to the conftitutions of government in the United States of America, and have writ- ten and publiflied their criticifms and advice. They had all the mod amiable characters, and unquefrionably the pureft intentions. They had all experience in public affairs, and ample in- formation in the nature of man, the neceflities of fociety, and the fcience of government. There are in the produitions of all of them, amonj); many excellent things, fome fentiments, however, that it will be difficult to reconcile to reafon, experience, the conftitution of human na- ture, or to the uniform teftimony of the greatefl: ftatefmen, lej;iIitors, and philolophers of all en- lightened nations, ancienc and modern. Mr. T^v^jI^ in his letter to Dw Price, con- feffes, *' tliat he is not fatisfjed with the coniti- tutions which have h:dierto been formed for the d life: en t ibues of America." He obferves, that by mod of them the cuiloms of England are im;ia:ed, without any particular motive. Inllead of collecfting all autlv.rity into one ccn- " ter, tnat of the nation, thev have ellabliflied B 2 ' *' dilierent Preliminary Obfervations. " different bodirs, a body of reprefentatives, a *' council, and a governor, becaufe there is in " England a houle of commons, a houfe of lords, and a king. They endeavour to ba- lance thefe different powers, as if this equili- brium, which in England may be a neceffary check to the enormous infiiience ot royalty, could be of any ule in rcpublicks tounded upon the equality of all the citizens, and as if cilablilbrng different orders of men was not a fource of divifions and difpucts," There has been, from the beginning of the re- volution in America, a party in everv flate, who have entertained fentiments fimilar to theie of Mr, Turgot. Two or three of them have eftabiifhed governments upon his principle : and, by ad- vices from Bofton, certain committees of coun- ties have been held, and other conventions pro- pofed in the MafFachuIetts, with the exprefs pur- pofe of depofing the governor and fcnate, as ufe- lefs and expenfive branches of the conilitution ; and as it is probable that the publication of Mr. Turgot*s opinion has contribueed to excite fuch difcontents among the people, it becomes necef- fary to examine it, and, if it can be fhown to be an error, whatever veneration the Am.ericans very juftly entertain for his memory, it is to be hoped fhey will not be mifled by his authority. LETTER Preliminary Ohfervations. LETTER li. My dear Sir, MR. Turgot is offended-, becaufe the cufLoms of, England are imitated in moft of the new cunftitucions in America, without anv parti- cular motive. But, if we fuppofe that Englifh cuftoms were neither good nor evil in themfelves, and merely indifferent ; and the people, by their birth, education, and habits, were tamiliarly at- tached to them ; was not this a motive particular enough for their prefervation, rather than endan- ger the public tranquillity, or unanimity, by re- nouncing them ? It thofe cuftoms were wife, juft, and good, and calculated to fecure the li- berty, property, and iafety of the people, as well or better than any other inftitutions ancient or modern, would iVlr. Turgot have advifed the na- tion to reject them, merely becaufe it was at that time juflily incenfed againll the Englifh govern- ment ? What P^nglifh cuftoms have they retained which may with any propriety be called evil ? Mr. Turgot has inftanced only in one, viz. " thac ** a body of reprefentatives, a council, and a go- " vernor, has been eftabliflied, becaufe there is " in England a houfe of commons, a houfe of " lords, and a king." It was not fo much be- caufe the legiflature m England confifted of three branches, that fuch a divifion of power was adopted by the ftares, as becaufe their own af- femblies had ever been fo conltituted. It was not fo much from attachment by habit to fuch a plan of power, as from convidtion that it was founded in nature and reafon, thac it was continued. B 3 Mr; 6 Preliminary Ohfervations. Mr. Turgot Teems to be of a different opinion^ and is for " colle6linp: all authority into one cen- *' ter, the nation." It is eafily underftood how all authority may be colie6"ted into " one center " in a defpot or monarch ; but how it can be done, when the center is to be the nation, is more diffi- cult to comprehend. Before Vv/e attempt to dif- cnls the notions of an author, we (hould be care- ful to afcertain his meaning. It will not beeafy, after the mod: anxious refearch, to dilcover the true fcnfe of this extraordinary pafiage. If, after the pains of " coliefting all authority into one " center," ;hat center is to be the nation, we fnall remain exactly where we began, and no col- lection of authority at all will be made. The na- tion will be the authority, and the authority the nation. The center will be the circle, and the circle the center. When a number of men, wo- men, and children, are fimply congregated together, there is no political authority am.ong them , nor any natural authority, but that oi parents over their children. To leave the women and children out of the queftion for the prefenc, the men will all be equal, \\tQ^ and independent of each other. Not one Vv'ill have any authority over any other. The firlt '^ colledcion " of authority mull be an unanimous agreement to form themfelves into a nation, people, cornviunity, or body politick, and to be governed by the majority cf lulfragcs or voices. But even in this cafe, although the au- thority is collected into one center, that center is no longer the nation, but the mc.ioriiy of the nation. Did Mr. Turgot mean, that the people of '\ irginia, for example, half a million of fouls fcattered over a territory of two hundred leagues fquare, fhould itop here, and have no other au- thority Preliminary Ohfervaiions. 7 thority by which to make or execute a law, or judge a caufe, but by a vote of the whole peo- ple, and the decifion of a majority ! Where is the plain large enough to hold them ; and what are the means, and how long would be the time, neceflary to afTemble them together ? A fimple and perfed democracy never yet ex- ifted among men. If a village of half a mile fquare, and one hundred families, is capable of exercifing all the legiflative, executive, and judi- cial powers, in public affemblies of the whole, by unanimous votest or by majorities, it is more than has ever yet been proved in theory or expe- rience. In fuch a democracy, the moderator would be king, the town -clerk Icgiflator and judge, and the conftable ilieriff, for the moft part ; and, upon more important occafions, com- mittees would be only the counfellors of both the former, and commanders of the latter. Shall we fuppofe then, that Mr. Turgot in- tended, that an alfembiy of reprefentatives Ihoukl be choi'en by the nation, and vefted with all the powers of government; and that this alfembiy Ihall be the center in which all the authority fhall be collefled, and Ihall be virtually deemed the nation. After long refledlion, 1 have not been able to difcover any other icnit in his words, and this was probably his real meaning. To examine this fyftem in detail may be thought as trifling an occupation, as the laboured reafonings of Sidney and Locke, to fliew t!ie abfurdity of Filmar's fuperftitious notion';, appeared to Mr. Iluine in his enlightened days. Yet the nfillakes of great men, and even the ablurdicies of fools, wlien they countenance the prtjudiccs of numbers ot people, efpecially in a young country, and ui^dcr new governments, cannot be too fully con/uted. ii J. You S JDemocratical Repuhlicsl You will not then efteem my time or your own milpent, in placing this idea of Mr. Turgot in all its lights; in conlidering the confequences of it , and in coUeding a variety of authorities againft ,it. LETTER III. ST. MARINO, My dear Sir, " \ S O C I E T Y of gods would govern them-" Jt\, " felves democratically," fays the eloquent philolbpher of Geneva ; who however would have agreed, that his " gods " muft not have been the claffical deities : fince he knew from the higheft authority, the poets, who had their infor- mation from thofe divinities the Mufes, that all the terrors of the nod, the arm, and the thun- derbolts of Jupiter, with all the energy of his tindifputed monarchy, were infufficient to hold them in order. As it is impoflible to know what "would have been his definition of the gods, we may quietly purfue our enquiry, whether it is pra6licable to govern men in this v/ay. It would be very furprifing, if, among all the nations that have exiited, not one has difcovered a fecret of fo mu:h importance. It is not neceflary for us to prove that no fuch government has exifted ; it is incumbent on him who Ihall embrace the opinion of Mr. Turgot, to name the age, the country, and the people, in which fuch an ex- periment has been tried. It might he eafier to determine tne qucilion concerning the practicabi- lity St. Marinol lity or impradicability, the utility or inutility, of a fimple democracy, if we could find a number of examples of it. From the frightful piftures of a dcmocrarical city, drawn by the mafterly pencils of ancient philofophers and hiftorians, it may be conjedVured that fuch governments exifted in Greece and Italy, at Icail tor fhort fpaces of time: but no paiticular hiftory of any one of them is come down to us ; nor are we able to procure any more latisfa<5lion to our curiofity from modern hiftory. If fuch a phenomenon is at this time to be feen in the world, it is pro- bably in fome of thofe ftates which have the name of democracies, or at leaft in fuch as have preferved fome fhare in the government to the people. Let us travel to fome of thofe countries, and examine their laws. The republic of St. Marino, in Italy, is fome- times quoted as an inftance; and therefore it is of fome importance to examine, i. Whether in fa(5l this is a fimple democracy ; and, 2. Whe- ther, if it were fuch, it is not" owing to particu- lar circumftances, which do not belong to any other people, and prove it to be improper for any other, efpecially the United States of America, to attempt to imitate it. The republic of St. Marino, as Mr. Addifon informs us, ftands on the top of a very high and craggy mountain, generally hid among the clouds, and fometimes under fnow, leven when the weather is clear and warm in all the coun- try about it. This mountain, and a few hillocks that lie fcattered about the bottom of it, is the whole qircuit of the dominion. They have, what they call, three cafties, three convents, and five 4 churches. lo Democraticd Republics. churches, and reckon about five thoufand fouls in their community. St. Marino was its founder, a Dalmatian by- birth, and by trade a mafon. He was employed, about thirteen hundred years ago, in the repara- tion of Rimini, and after he had finifhed his work, retired to this folitary mountain as very proper for the life of a hermit, which he led in the greateft aufterities of religion. He had not been long here, before he wrought a reputed miracle, which, joined with his extraordinary fandtity, gained him fo great an efteem, that the princefs of the country made him a prefent of the moun- tain, to difpole of it at his difcretion. His repu- tation quickly peopled it, and gave rife to the republic which calls itfelf after his name. The bed of their churches is dedicated to the faint, and holds his afhes. His flatue Hands over the high altar, with the figure of a mountain in his hands, crowned with three caftles, which is like- \vife the arms of the commonwealth. They at- tribute to his protection the long duration of the Hate, and look on him the greateft faint next the bleffed Virgin. In their ftatute-book is a law againft fuch as fpeak difrefpectfully of him, who are to be punillied in the fame manner as thofe v/ho are convicted of blafphemy. This petty republic has lafted thirteen hundred years, while all the other ftates of Italy have feveral times changed their mafters and forms of government. Their whole hillory confifts in two purchafes of a neighbouring prince, and two wars, in which they affifted the pope againft a lord of Rimini. They would probably fell their liberty as dear as they could to any that attacked them ; for there is but one road by which to climb up to them. St. Marino. ri them. All that are capable of bearing arms, are exercifed, and ready at a moment's call. The fovereign power of the republic was lodged, originally, in what they call the arengo, a great council, in which every houfe had its re- prefentative -, but, becaule they found too much confufion in fuch a multitude of ftatefmen, they devolved their whole authority into the hands of the council of fixty. The arengo, however, is Hill called together in cafes of extraordinary im- portance , and if, after due fummons, any mem- ber abfents himfelf, he is to -be fined. In the ordinary courfe of government, the council of fixty, which, notvvithflanding the name, confifts but of forty perfons, has in its hands the admi- nillration of afi^airs, and is made up of half out of the noble families, and half out of the ple- beian. They decide all by ballotting, are not admitted until five-and-twenty years old, and choofe the officers of the commonwealth. No fentence can ftand that is not confirmed by two thirds of this council ; no fon can be admitted into it during the life of his father, nor two be in it of the fame family, nor any enter but by eleclion. The chief officers of the commonwealth are the two (cipitant'os^ who have fuch a power as the old l^oman confuls had, but are chofen every fix months. Some have been capitamos fix or feven times, though the office is never to be continued to the fame perfons twice fuccefilvely. The third ofiicer is the com- mififary, who judges in all civil and criminal matters : but becuufe the many alliances, friend- fiiips, and intermarriages, as well as the perfonal feuds and animolirics tJiat happen among fo fmail a people, might obllrucft the courle of jufiice, if one of their own number had tlie diifnbution of it, they have always a foreigner for this employ, 1 1 V, iiom 12 Democratical Republics. whom they choofe for three years, and maintain out oi the public ftock. He mult be a dodtor of law, and a man of known integrity. He is joined in commiffion with the capitaneos^ and a6t:i! fomcthing like the recorder of London under the lord mayor. The fourth man in the ftate is the phyfician : another perfon, who makes no or- dinary figure in the republic, is the fchoolm after. Few in the place but have fome tindure of learning. The people are efteemed very honefl, and ri- gorous in the execution of juffcice, and feem to live more happy and contented among their rocks and fnows, than others of the Italians do in the pleafanteft vallies in the world. Nothing indeed can be a greater inilance of the natural love mankind has for liberty, and of their averfion to arbitrary government, than fuch a favage mountain covered with people, and the Campa- nia of Rome, which lies in the fame country, almoft deftitute of inhabitants. This is the account of St. Marino. Yet, if all authority is here colleded in one center, that center is not the nation. Although the original reprefentation in the arengo was of houfes, that is to fay, of property, rather than of the perfons of the citizens, and confequently not very equal, as it excluded all perfonal property, as well as all wiio had no property ; yet even fuch an agrarian, it ftems, was not a fufficient check to licentioufnefs, and they found it neceffary to inftitute a fenate of forty men. Here, at leaft, commenced as complete an ariilocracy as that of ancient Rome ; or, lo exprefs it more exactly, as complete a feparation of the ariftocratical from the democratical part of the community : and there are two remarkable circumilanccs in confir- mation St. Marhw'. 13 mation of this -, one is, that there are not only noble families in this illujirijjimd repuhlicd San5ii Marini, but theconftitution has limited the choice of the eledors fo far as to oblige them to choofe one half the fenate out of thefc nobles ; the other is, that the names of the agents for the common- wealth, of the notary, and the witnefles to two inftruments of purchafes made at feventy years diftance from one another, one in 1 100, the other in 1 170, are the fame. It is not credible that they were the fame perfons : they were probably fons or grandfons which is a ftrong proof of the attachment to anftocratical families in this little ftate, and of their defire to continue the fame blood and the fame names in public em- ployments, like the Oranges, Fagels, De Lin- dens, &c. in Holland, and like innumerable other examples in all naiions. Another remarkable circumftance is, the reluc- tance of the citizens to attend the afTcmbly of the arengOt which obliged them to make a law, oblig- ing themlelves to attend, upon a penalty. This is a defe6V, and a misfortune natural to every de- mocraticai conftitution, and to the popular part of every mixed government. A general or too common difinclination to attend, kaves room for perfons and parties more active to carry points oy fadlion and intrigue, which the majority, if all were prefenr, would not approve. It is curious to iee how many checks and li- mitations are contrived for this legiflative afTcm- bly. Half nobles, half plebeians all upwards ot five-and-twcrnty years old two thirds mull agree no fon can fit with his father j never two of the fame family. The capitaneos have the executive, like the Ro- jnan coniuls, and the commilfary has the judi- cial. 14 Democrattcal Republics, clal. Here again are remarkable limitations: he muft be a foreigner, and he is for three years. This is to give fome degree of {lability to the ju- dicial power, and to make it a real and powerful check both to the executive and legiflative. We are not indeed told whether the council of forty are elected annually or for life. Mr. Addi- fon may, from his well-known characEler, be fup- poied to have been more attentive to the grand and beautiful mionuments of ancient arts of every kind which furrounded him in Italy, than to this rough hillock, although the form of government might have excited his curiofity, and the fimpli- city of manners his efteem , he has accordingly given a very imperfeft fKCtch of its conftit!;,:oa and hiitory. Yet enough appears to fhew incon- teftibly, that St. Marino is by no means a per- fed democracy. It is a mixture of monarchy, ariftocracy, and democracy, as really as Sparta or Rome were, and as the MaiTachufetts, New- York, and Maryland now arcj in which the pow- ers of the governor, fenate, and affcmbly, are more exacl:ly afcertained and nicely balanced, but they are not more diftinct than thofe of the capitaneos^ council of forty, and the arengo are in St. Ma- rino. Should it be argued, that a government like this, where the fovereignty refidcs in the whole body of the people, is a democracy, it may be anAvsred, that the right of fovereignty in all na- tions is unalienable and indivifible, and does and can refide no where elfe ; but not to recur to a principle fo general, the exercife, as well as right of fovereignty, in Rome, refided in the people, but the government was not a democra'^y. In Ame- rica, the right of fovereignty relides indifputably in the body of the people, and they have the whole Sl Marino. rs whole property of land. There are no nobles or patricians all are equal by law and by birth. The governors and fenates, as well as reprefenta- tive afTemblies, to whom the exercife of fove- reignty is committed, are annually chofen. Go- vernments more democratical never exifted ; they are vaftly more fo than St. Marino. Yet the an- nual adminiftration is divided into executive, le- giflative, and judicial powers ; and the legiilature itfelf is divided into monarchical, ariftocratical, and democratical branches ; and an equilibrium has been anxioufly fought for in all their deli- berations and aftions, v/ith infinitely more art, judgment, and fkill, than appears in this little Italian commonwealth. The liberty and the honefty of thefe people is not at all furprifing. In fo fmall a ftate, where every man perfonaily knows every other, let the form of government be what it will, it is Tcarcely podible that any thing like tyranny or cruelty can take place. A king, or a decemvirate intruded with the government, would feel the cenfures of the people, and be conftantly confcious of the facility of affembling the whole, and apprehenfive of an exertion of their ftrength. The poverty of this people appears, by the fine of one penny impofed upon ablence from the arengo , and by the law, that an ambaffkdor fliould have a Hiilling a day. This however is a falary in proportion to the numbers of the people, as thirty guineas a day would be to an ambaf- fador from x.\\c United States. It appears alfo, irom the pliyfician's being obliged to keep a hoiTe, probably there is not a carriage, nor ano- ther laddle-horfe, in the commonwealth. An handful ol" poor people, living in the fim- pleil manner, by hard labour, upon the produce of i6 Democratkal Repuhlicsl of a few cows, (heep, goats, fwine, poultry, and pigeons, on a piece of rocky, inowy ground, pro- tedied from every enemy by their liruation, their fuperftition, and even by their poverty, having no commerce nor luxury, can be no example for the commonwealth of Penfilvania, Georgia, or Vermont, in one of which there are poffibly half a million of people, and in each of the other ac leaft thirty thoufands, fcattered over a large ter- ritory. Upon the whole, a ftronger proof cannot be adduced of the neceffity of different orders, and of an equilibrium between them, than this com- monwealth of St. Marino, where there are fuch ftrong fymptoms of both in a fociety, where the leaft occafion for them appears that can be ima- gined to take place in any conceivable fituation. LETTER IV, jB I s c A y. Dear Sir, IN a refearch like this, after thofe people \n Europe who have had the fkill, courage, and fortune, to preferve a voice in the governmenr, Bifcay, in Spain, ought by no rreans to be omit- ted. While their neighbours have long fince re- figned all their pretenfions into the hands of kings and priefls, this extraordinary people have preferved their ancient language, genius, laws, government, and manners, without innovation, longer than any other nation of Europe. Of Celtic extradion, they once inhabited fome of the Bifcay. 1 7 the fined parts of the ancient Boetica ; but their love of liberty, and unconquerable averfion to a foreign fervitude, made them retire, when invaded and overpowered in their ancient feats, into thefe mountainous countries, called by the ancients Cantabria. They were governed by counts, fent them by the kings of Oviedo and Leon, until 859, vviien finding themfelves without a chief* becaufe Zeno, who commanded them, was made prifoner, they rofe and took arms to refift Or- dogne, fon of Alfonfus the Third, whofe domi- nation was too fevere for them, chofe for their chief an iffuc of the blood-royal of Scotland, by the mother's fide, and fon-in-law of Zeno their governor, who having overcome Ordogne, in 870, they chofe him for their lord, and his pofterity, who bore afterwards the name of Haro, fucceed- ed him, from father to fon, until the king Don Pedro the Cruel, having put to death thofe who were in pofTe/Tion of the iordfhip, reduced them to a treaty, by which they united their country^ under the title of a Iordfhip, with Caflile, by which convention the king of Spain is now lord of Bifcay. It is a republic ; and one of the pri- vileges they have moft infifted on, is not to have a king : another v/as, that every new lord, at his accefTion, fhould come into the country in perfon, with one of his legs bare, and take an oath to preferve the privileges of the lordfliip. The pre- fent king of Spain is the firft who has been com-* plimenred with their confent, that the oath fhould be adminiftered at Madrid, though the other hu- miliating and indecent ceremony has been long laid afide. Their folicitude for defence has furrounded with walls all the towns in the diftrid. They C arg 1 8 Democratlcal Repuhlics. are on-and-twcnty in number ; the principal of which are, Orduna, Laredo, Portugalete, Duran- go, Bilbao, and St. Andero. Bifcay is divided into nine merindades, a fort of Jurifdidion like a bailiwick, befides the four cities on the coaft. The capital is Bilbao. The whole is a collection of very high and very fleep mountains, rugged and rocky to fuch a degree, that a company of men pofted on one of them might defend itfelf as long as it could fubfift, by rolling rocks on; their enemy. This natural formation of the coun- try, v/hich has rendered the march of armies im- pradticable, and the daring ipirit of the inhabi- tants, have prefervcd their liberty. A6tive, vigilant, generous, brave, hardy, in- clined to war and navigation, they have enjoyed, for two thoufand years, the reputation of the beit foldiers and failors in Spain, and even of the beft courtiers, many of them having, by their wit and manners, raifed themfelves into offices of con- fcquence under the court of Madrid. Their va- luable qualities have recommended them to the efteem of the kings of Spain, v/ho have hitherto left them in pollefiion of thcfe great immunities of which they are fo jealous. In 1632, indeed^ the court laid a duty upon fait : the inhabitants of Bilbao rofe, and maffacred all the officers ap- pointed to collecl it, and ail the officers of the grand admiral. Three thoufand troops were fenE to punifli them for rebellion : thefe they fought, and totally defeated, driving moft of them mto the fea, which difcouraged the court from pur- fuing their plan of taxation , and fince that time the king has had no officer of any kind in the lordffiip, except his corregidor. Many writers afcribe their flouriffiing Gom- Bifcny. 19 ttierce to their fituation ; but, ps this is no better than that of Ferrol or Coriinna, tliat advantage is more probably due to their liberty. In riding through this little territory, you would fancy yourfelf in Connedicut , inftead of miferable huts, built of mud, and covered with ftraw, you fee the country full of large and commodious houfes and barns of the farmer ; the lands well cultivated; and a wealthy, harpy yeonanry. The roads, fo dangerous and impaffable in moil other parts of Spain, are here very good, having been made at a vaft expence of labour. Although the cTovernment is called a democra- cy, we cannot here find all authority collefted into one center-, there are, on the contrary, as many diftindl governments as there are cities and merindades. The general government has two orders at lead ; the lord or governor, and the bi- ennial parliament. Each of the thirteen fiibor- dinate divifions has its organized government, with its chief magiftrate at the head of it. We may judge of the form of all of them by that of the metropolis, which calls itfelf, in all its laws, the noble and illuftrious republic of Bilbao, This city has its alcalde, who is both governor end chief juftice, its twelve regidores or counfel- lors, attorney-general, &c. and by all thcfe, af- lembled in the confillorial palace under the titles of confejo^ jujlicia^ y regimiento^ the laws are made in the name of the lord of Bifcay, and confirmed by him. Thefe officers, ic is true, are ele<5led by the ci- tizens, but they mufl: by law be ekifled, as well as the deputies to the biennial parliament or jun- ta general, out of a few noble families, unllained, both by the fide of father and mother, by any mixture with Moors, Jews, new converts, peni- C 2 tcntiarics to Democratical Republics. tentiaries of the inquifition, &c. They muft be natives and refidents, worth a thoufand ducats, and mull: have no concern in commerce, manu- factures, or trades , and, by a fundamental agree- ment among all the merindades, all their depu- ties to the junta general, and all their regidores, findics, fecretaries, and treafurers, muft be no- bles, at leaft knights, and fuch as never exer- cifed any mechanical trades themfelves or their fathers. Thus we fee the people themfelves have eftablifhed by law a contracted ariftocracy, under the appearance of a liberal democracy. Ameri- cans, beware ! Although we fee here in the general govern- ment, and in that of every city and merindad, the three branches of power, of the one, the few, and the many ; yet, if it were as democra- tical as it has been thought by feme, we could by no means infer, from this inftance of a little flock upon a few impracticable mountains, in a round form of ten leagues diameter, the utility or practicability of fuch a government in any other country. The difpofition to divifion, fo apparent in all democratical governments, however tempered with ariftocratical and monarchical powers, has fnewn itfelf, jn breaking off from it Guipufcoa and Al- laba i and the only prefervativc of it from other divifions, has been the fear of their neighbours. They always knew, that as foon as they fhould fall into faiStions, or attempt innovations, the court of Spain would interpol'c, and prefcribe them a government not fo much to their tafte. THE fhe Grifins, 21 THE ORISONS. I N the republic of the Three Leagues of the Grifons, the fovereign is all the people of a great part of the ancient Rhetia. This is called a de- mocratical republic of three leagues, i. The League of the Grifons. 2. The League Caddee. 3. The League of Ten Jurildidions. Thefe three are united by the perpetual confederation of 1472, which has been feveral times renewed. The government refides fovereignly in the com- mons, where every thing is decided by the plu- rality of voices. The commons eledl and inftru^t their deputies for the general diet, which is held once a year. Each league elects alfo its chief or prefident, who prefides at the dietes, each one in his league. The general diet affembles one year at Ilanz, in the league of the Grifons ; one year at Coire, in the league Caddee ; and one year at Davons, in the league of Ten Jurifdiftions. There is another ordinary aflembly, compofcd of chiefs and of three deputies from each league, which is held at Coire, in the month of January. Befidcs ihele regular aflemblicb, they hold congrefles whenever the neceflities of theftate require them; fometimes of the chiefs alone, fomctimes of cer- tain deputies from each league, according to the importance of the cafe: thefe aflemblies are held at Coire. The three leagues form but one body in general affairs , and, although one league has more deputies than another, they count the voices without dittindion of leagues. They conduct feparately their particular affairs. Their country Ts thirty.fivc leagues in length, and thirty in breadth. C 3 Fven 22 Beiwcratical Republics. Even in this happy country, where there is more equality than in almoft any other, there are noble families, who, although they live like their neighbours by the cultivation of the earth, and think it no difgrace, are very proud of the im- nienie antiquity of their defcent, and boaft of it, and value themfelves upon it, as much as Julius C^far did, who was defcended from a goddefs. THE UNITED PROVINCES OF THE LOW COUNTRIES. There are in Friefland and Overyfiell, and perhaps in the city of Dort, certain remnants of democratical powers, the fragments of an ancient edifice, which may pofiibly be re-eredted , but as there is nothino; which favours Mr, Turgot's idea.. I fhall pafs over this country for the prefent. LETTER V. SWITZERLAND. My dear Sir, IT is commonly faid, that fome of the cantons of Sv/itzerland are democratical, and others ariftocratical : and if thele epithets are undcrflood only to mean, that one of thefe powers prevails in fome of thofe republics, and the other in the reft, they are juft enough ; but there is neither a fimple democracy, nor a fimpleariitocracy, among them. The governments of thefe confederated ilateso Switzerland. Q.% flates, like thofe of the United Provinces of the Netherlands, are very complicated, and there- fore very difficult to be fully explained ^ yet the moft fuperficial enquirer will find the moft evi^ dent traces of a compofition of all the three pow- ers in all of them. To begin with the cantons commonly reputed democratical. DEMOCRATICAL CANTONS. A P P E N Z E L. The canton of Appenzcl confifls of a ferles of vallies, Scattered among inaccelTible rocks and mountains, in all about eighteen miles fquare. The people are laborious and frugal, and have no commerce but in cattle, hides, butter, cheefe, and a little linen made of their own fiax. It has no walled towns, and only two or three open bo- roughs, and a few fmall villages : it is, like New England, almoft a continued village, covered with excellent houfes of the yeomanry, built of wood, each of which has its territory of pailure grounds, commonly ornamented with trees j neatnefs and convenience are lludied without, and a remark- able cleanlinefs within. The principal part of the inhabitants have preferved the fimplicity of the paftoral life. As there are nor, at moft, above iifty thoufand louls, there cannot be more than fen thouiand men capable of bearing arms. It is not at all furprifing, among fo much freedom, fb.ough among rocks and herds, to hear of lite- rature, and men of letters who are an ornament to their country. C 4 Never- 24 Democratical Cantons. Neverthelefs, this fimple people, fo fmall in number, in fo narrow a territory, could not agree. After a violent conteft, in which they were in danger of a civil war, by the mediation of the other cantons, at the time of the Reformation, they agreed to divide the canton into two por- tions, the Outer and the Inner Appenze), or Rhodes Exterior and Rhodes Interior. Each dif- tridl has now its refpeftive chief magifcrate, court of juftice, police, bandarer, and deputy to the general dier, although the canton has but one vote, and confequently lofes its voice if the two deputies are of different opinions. The canton is divided into no lefs than twelve communities ; fix of them called the Inner Appenzel, lying to the eafl ; and fix the Outer, to the weft. They have one general fovereign council, which is compofed of one hundred and forty-four perfons, twelve taken from each community. The fovereignty refides in the general aflembly, which, in the interior Rhodes, meets every year at Appenzel, the laft Sunday in April ; bur, in the exterior Rhodes, it affembles alternarely at Trogen and at Hundwyl. In the interior Rhodes are the chiefs and officers, the land amman, the tything-man, the governor, the treafurer, the cap- tain of the country, the direftor of the buildings, the direftor of the churches, and the enfign. The exterior Rhodes have ten officers, viz. two land ammans, two governors, two treafurers, two cap- tains, and two enfigns. The interior Rhodes is lubdivided into fix kifer ones, each of which has fixteen counfellors, among whom are always two chiefs. The grand council in the interior Rhodes, as alfo the criminal jurifdidion, is compofed of (5ne hundred and twenty-eight peifons, who af- fembls Appenzel. 2$ fcmble twice a year, eight days after the general aflembly, and at as many other times as occafions require. Moreover, they have alfo the little council, called the weekly council, becaufe it meets every week in the year. The exterior Rhodes are now divided into nineteen communi- ties ; and the fovcreignty of them confifts in the double grand council of the country, called the old and new council, which aflembles once a year, eight days after the aflembly of the country, at Trogen or at HerilW, and is compofed of ninety and odd perfons. Then follows the grand coun- cil, in which, befides the ten officers, the reign- ing chiefs of all the communities have feats, the diredors of the buildings, the chancellor, and the fautier, which make thirty-five perfons; the reign- ing land amm.an prefides. After this comes the little council from before the fittern, which is held every firft Tuefday of each month at Tro- gen ; the reigning land amman is the prefident, to whom always afiifts, alternat;ely, an officer, with a member of council from all the thirteen communities, the chancellor of the country, and the fautier, and confifts of twenty and odd perfons. The little council from behind the fittern is held under the prefidency of the reigning land am- man, whenever occafion requires ; it is held at Herifaw, Hundwyl, or Urnaefchen : at it affift the chancellor of the country, and the fautier, with the counfellors of the fix communities be- hind the fittern, appointed for this fervice. Let me alk, if here are not different orders of men, and balances in abundance ? Such aa handful of people, living by agriculture, in pri- mitive fimplicity, one would think might live very quietly, almoft without any government at iW-f yet, inllead of being capable of collecling a 6 Democralical Cantons. all authority into one aflembly, they feem to have been forcibly agitated by a mutual power of repullion, which has divided tht^m into two commonwealths, each of v/hich has it monarchi- cal power in a chief magiiirate ; its ariftocratical power in two councils, one for Icgifiation, and the other for execution ; befides the two more popular aflemblies. This is furely no I'lmple de- mocracy.- Indeed a fimple democracy by repre- Jentation is a contradi6cion in terms. LETTER VI. U N D E R W A L Do My dear Sir, THE canton of Underv/ald conHfts only of villages and boroughs, although it is twen- ty-five miles in length, and feventeen in breadth. Thefe dimenfions, it feems, were too extenfive to be governed by a legiflation fo imperfeclly com- bined, and nature has taught and compelled them to feparate into two divifions, the one above, and the other below, a certain large foreft of oaks, which runs nearly in the middle of the country, from north to fouth. The inferior valley, below the foreft, contains four communities -, and the fuperior, above it, fix. The principal or capita! is Sarncn. The fovereign is the whole country, the fovereignty refiding in the general afiembly, where all the males of fifteen have entry and fuf- frage , but each valley apart has, v;ith refpe6l to its interior concern?, its land amman, its officers f admin ifrration, and its public aflcn.bly, com^ IQ pofcd Underwald, t'j pofed of fifty-eight fenators, taken from the com- munities. As to affairs without, there is a ge- neral council, formed of all the officers of adnii- niftration, and of fifty-eight fenators chofen in the faid councils of the two valleys. Eefides this, there are, for juftice and police, the chamber of {tvcn^ and the chamber of fifteen, for the up- per valley, and the chamber of eleven for the lower. Here again are arrangements more complica- ted, and ariftocratical preferences more decided, in order to counterpoife the democratical aflem- bly, than any to be found in America, and the land amman is as g'eat a man in proportion as an American governor. Is this a fimple democracy? Has this little clan of graziers been able to col- led all authority into one center } Are there not three aflemblies here to moderate and balance each other ? and are not the executive and judi- cial powers feparated from the legiflative .? Is it not a mixed government, as much as any in America ^. although its conflitution is not by any means fo well digefted as ten at lead of thofe of the United States ; and although it would never be found capable of holding together a great nation, LETTER 28 JDemocratical Cdntons. LETTER VII. CLARIS* My dear Sir, THE canton of Claris is a mountainous country, of eight miles long and four wide, according to their own authors, perhaps intend- ing German miles , but twenty-five miles in length and eighteen in breadth, according to fome Eng- iifh accounts. The com^merce of it is in cheeie, butter, cattle, linen, and thread. Ten thou- fand cattle, and four thoufand fheep, paftured in fummer upon the mountains, conftitute their wealth. The inhabitants live together in a general equa- lity, and mofl perfeft harmony ; even thofe of the different perfuafions of Catholics and Proteft- ants, who fometimes perform divine fervice in the fame church, one after the other : and all the offices of Hate are indifferently adminiftered by both parties, though the Proteftants are more in number, and fuperior both in indullry and com- merce. Ail the houfes are built of wood, large and folid, thofe of the richeft inhabitants differ- ing only from thofe of the poorer, as they are larger. The police is well regulated here> as it is throughout Switzerland. Liberty does not dege- nerate into licentioufnefs. Liberty, independence, and an exemption from taxes, amply compenfate for a want of the refinements of luxury. There are none fo rich as to gain an afcendency by lar- geffes. If they err in their councils, it is an error of the judgment, and not of the heart. As there Claris, ig there is no fear of invafion, and they have nocon- quefts to make, their policy confifts in maintain- ing their independence, and preferving the pub- lic tranquillity. As the end of government is the greateft happinefs of the greateft number, faving at the fame time the ftipulated rights of all, go- vernments like thefe, where a large fhare of power is prelerved by the people, defer ve to be admired and imitated. It is in fuch governments that hu- man nature appears in its dignity, honeft, brave, and generous. Some writers are of opinion, that Switzerland was originally peopled by a colony of Greeks. The fame greatnefs of foul, the fame fpirit of in- dependence, the fame love of their country, has animated both the ancients and the moderns, to that determined heroifm which prefers death to (lavery. Their hiflory is full of examples of vic- tories obtained by fmall numbers of men over large armies. In 1388 the Auftrians made an irruption into their territory, with an army of fif- teen thoufand men ; but, inftead of conquering the counrry as they expefled, in attacking about four hundred men polled on the mountains ac Nicfel, they were broken by the ftones rolled upon them from the fummit : the Swifs, at this critical moment, rufhed down upon them with fuch fury, as forced them to retire with an im- inenfe lofs. Such will ever be uiie characfler of a people, who prefer ve fo large a fiiare to themfelves in their legiflature, while they temper their con- ftitution, at the fame time, with an executive power in a chief magiftrate, and an arillocratical power in a wife fenate. The government here is by no means entirely democratical. It is true, tliat the fovereign is the whole country, and the Ibvereignty refides in the go Democratical Cantons, the general aflembly, where each male of fifteenj^ with his Iword at his fide, has his feat and vote. It is true, that this affembly, which is annually- held in an open plain, ratifies the laws, lays taxes, enters into alliances, declares war^ and makes peace. But it has a firft magifirate in a land amman, who is the chief of the republic, and is chofen alternately from among the Proteftants and from among the Catholics. The Proteftant remains three years in office ; the Catholic two. The manner of his appointment is a mixture of elec- tion and lot. The people choofe five candi- dates, who draw lots for the office. The other great officers of ftate are appointed in the fame manner. There is a council called a fenate, compofed of the land amman, a ftadthalder, and fixty-two fenators, forty-eight Proteftants and fourteen Ca- tholics, all taken from fifteen tagwen or ccrvees, into which the three principal quarters or parti- tions of the country are fubdivided for its more convenient government. In this fenate, called the council of regency, the executive power re- fides. Each tagwcn or corvee furnifhes four fe- nators ; befides the borough of Glaris, which fur- nifhes fix. Inftead of a fimple democracy, it is a mixed government, in which the monarchical power in the land amman, fiadthalder or pro-conful, the ariftocratical order in the fenate, and the demo- cratical in the general airembly, are diftin^o or" three thoufand pounds flerling a year, befides difcharging all their expences. They reprefent the fovereign au- thority, put the laws in execution, collect the re- venues, aft as judges in civil and criminal caufes ; but an appeal lies to Berne, in civil caufes to the courts of iuftice, and in criminal to the fenate : but as the judges on appeal are perfons who ei- ther have been or expect to be bailiffs, there fS great reafon to be apprehenfive of partiality. There is no Handing army, but every male of fixteen is enrolled in the militia, and obliged to provide himlelf an uniform, a nuid'ct, powder and ball ; and no peafant is allowed to marry, without producing his arms and uniform. The arms are infpecled every year, and tlie men cx- ercifed. There are arfenals of arms at Ecrne, arKJ v.\ Berne, 39 In every bailiwick, fufficient for the militia of the diftri6l, and a fum of money for three months pay. The dragoons are chofen from thefii'oftantial farm- ers, who are obliged to provide their own horfcs and accoutrements. There is a council of war, of which the avoyer out of place is prefident, in peace ; in war, a general is appointed to command all the forces of the ftate. There is a political feminary for the youth, called the exterior ftate, which is a miniature of the whole government. "Jhe young men aflem- ble and go through all the forms ; they have their grand council, fenate, avoyers, treafurers, bannerets, fcizeniers, &c. : the poft of avoyer is fought with great afllduity. They debate upon political fubjedls, and thus improve their talents by exercife, and became more capable of ferving the public in future life. The nobility in this country are haughty, and much avcrfe to mixing in company, or any fami- liar converfation with the common people : the commons are taught to believe the nobles fupe- riors, whofe right it is to rule ; and they believe their teachers, and are very willing to be go- verned. LET T E R Xir. F R I B O U R G. My dear Sir, Tn E canton of Fribours; Is ariOorr; not having more than fortv ;. .uiiic- Can have any part in the govern 1 :\'., live very nobly that is to fay, w\z\.:- manuhicturcSj ur trades. 40 Arijiocratical Cantons. The fovereignty and legiflative authority refides in the council of two hundred perfons, compofed of the two avoyers, who are for life-, twenty- two counfellors ; four bannerets; fixty other coun- lellors, from whom the twenty four who com- pofe the fenate, in which refides the executive power, are taken when they are to be replaced 5 and one hundred and twelve others, whom ihey call the grand fenate of two hundred. The two avoyers are elected by the plurality of fulTrages of all the citizens. They hold their offices for life, and prefide alternately a year. The rwenty-two counfellors are alfo for life, and are defignated by lot, as well as the bannerets, whofj charges continue but three years. The fixty alfo arc nominated by lor, and are drawn from the hundred and twelve, called the two hundred. Thefe laft come forward in the rtate by the prefcntation and nomination of the fecret chamber, compofed of twenty-four befides the bannerets, who are the chiefs of it. This chamber, which is fovereign, befides the right of rjomination to the ftate, has alone that of correc- ^on, and of propofing regulations. The two avoyers, the twenty-two counfellors, and the four bannerets, form the little fenate, which hears and determines civil caufes, and af- fembles every day. The affairs of ftate are carried before the o-rand fenate of two hundred. The tribes are corporations of tradefmcn, who have no part in government, and who alfemble in their abbays, only for the affairs of their oc- cupations, and all their ftatutes are approved or rejected by the fenate. There are thirty-one bailiwicks fubjevfl to this caniono The method of determining th? mem- bers Fribourg'. 41 bers of the little fenate and fecret council is ano- ther check. The names of the candidates in no- mination are placed in a box, containing as many partitions as there are perfons : the ballots are thrown into this box by the eledors, without knowing how the names are placed -, and the can- didate whofe name occupies the divifion, which receives by accident the moft ballots, has the lor. This is to guard againft the influence of families; for, among thofe few families from which alone any candidate can be taken, fome have more in- fluence than others. The canton contains flxty- fix thoufand fouls. Its land produces good paf- ture, fome corn, and little wine -, it has no com- merce, and not much literature. It has more troops in foreign fervice than any other canton in pro- ^portion. As the rivers and lakes have a dired: communication with the fea, th.ey might have a valuable commerce; but as none of the perfons concerned in government can be merchants, no commerce can ever be in fafliion, except that of their noble blood to foreign fovcreigns. It is no doubt much to the honour of their fidelity and valour to be chofen fo generally to be the life- guards of princes-, but whether they can vindicate fuch a traffic, upon principles of juilice, huma- nity, or policy, or from the imputation of a more mercenary fpirit than that of ordinary com- merce, is for them to confidtr. The confervation of the oligarchy is entirely owing however to this cuftom: for a youthful fiery nobility, at home m idlenefs, would necelfarily become ambitious of popularity, and either procure, by intrigues and infurrections, a greater fhare of importance to the people, or let up one of the greacelt genius and cnterprize among them lor a celpor. In fo:eign fervice they exhault their refllels years, and re- turn. :^2 Arijlocratical Cantons. turn, after the deaths of their fathers, fatigued with diffipation, to enjoy their honours and eftates -, to fupporc thofe laws which are fo par- tial to their wilhes -, and to re-aflume the manly (implicity of manners of their native country. LETTER XIIL S O L E U R E. My dear Sir, TH E canton of Soleure, {^vtn leagues m breadth and twelve in length, contains fifty thoufand fouls, and the Patrician families are in quiet poffeffion of all the public offices. The fovereign is the city of Soleure ; and the fove- reignty refides in the grand council, conliiling of two avoyers, who prefide alternately, and whofe cledlion depends upon the council, and all the ci- tizens in general, who are divided into eleven tribes -, of twenty-three of the thirty-three fena- tors taken from the tribes, each of which furnifhes three , and of fixty-fix members who reprefenr the citizens, and are taken alfo from the tribes in equal numbers, viz. fix f-om each tribe. The fenate is compofed of the two avoyers, and the thirty-three fenators taken from the tribes, making thirty-five in all, who are called the little council, conduft the affairs of ftate, and judge caufes civil and criminal. The two councils make together the number of one hundred, with- out computing the avoyer in office, who prefides in chief. This body, named the grand council, makes laws and ftatu.tes i treats of alliances^ peaci Soleure. 43 and war; decides appeals in the laft refort-, clefts the treafurer, the fourth in rank in the ftatc, and the exterior bailiffs. The thirty-three fenators confift of eleven alt-raths or fenior counfellors, and twenty-two yunk-raths or juniors. Upon the removal by death of one of the alt-raths, the eldeft of the yunk-raths fuccecds him, and this vacancy is filled, out of the great council, by eledlion of the eleven alt-raths. From among the alt-raths, the two avoyers, the banneret, and the treafurer, the four principal magiftrates of the commonwealth, are chofen ; and on the death of an avoyer, the banneret fucceeds to his place, after having gone through the formality of a no- mination by the general affembly of citizens. Vacancies in the grand council are fupplied by the alt-raths, from the lame tribe to vv'hich the deceafed member belonged. There is an annual meeting of the whole body of the citizens, in which the avoyers and banneret are confirmed in their places : the fenior and junior counfellors at the fame time mutually confirm each other. All thefe confirmations are matters of courfe, and mere form. All other public employments are difpofed of by the fen ate. The revenues of the public, and falaries of of- fices, are very confiderable, and afi\)rd the few diftinguiihed families very profitable emoluments. The grand fautier is annually eleded by all the citi- zens. I'here are feveral tribunals and chambers : the fccret council, formed of the two avoyers, the banneret, the treafurer, the mod ancient of the fcnators of the firfl; order or alt-raths, the fecretary of (late, and attorney-general : the council of war: the council of juttice, whuh is compofcd of fix men^bers of the little coui'C,;^ and eleven members of the orand councii, ou'j 44 Arifiocratkal Cantons. of whom is furniflied by each tribe; the grand fautier prefides in it, inflead of the avoyer in of- fice : the confiftory, and the chamber of or- phans. This canton has a large country fubjed: to it, comprehending eleven bailiwicks. The foil is extremely fertile, yet there is a want of hands for agriculture, and population decreafes ; although commodioufly fituated for commerce, they have none. Thefe circumftances are enough to Ihew the bleffings of a government by a few noble families. They fhew another thing, ftill more curious; to wit, the confequences of mixing the nobles and commons together. The latter have here been induced to reduce their own con- ilitutional Ihare in the government to a mere form, and complaifantly to refign all the fubflance into the hands of thofe Vvhom they think their natu- ral fuperiors : and this will eternally happen, fooner or later, in every country, in any degree confiderable for extent, numbers, or wealth, where the v/hole legiflative and executive power are in one affembly, or even in two, if they have not a third pov/er to balance them. Let us by no means omit, that there is a grand arfenal at Soleure, as there is at Berne, well itored with arms in proportion to the number of inhabi- tants in the canton, and ornamented with the tro- phies of the valour of their anceftors. Nor fliould it be forgotten, that a defenfive alliance has fubfiited between France and feveral of thefe cantons, for more than a century, to the great advantage of both. Thefe republicans have found in that monarchy a ileady, faithful, and generous friend. In 1777 the alliance was renev/- cd in this city of Soleure, Vv-here the French ambalTador refides ; and extended to all the can- tons. In the former treaty an article was inferted, that Lucerne. 45 that if any dififenfions fhould arife between the cantons, his majefty fhould, at the requeft of one of the parties, interpofe his mediation by all gen- tle means to bring about a reconciliation : but if thefe fhould fail, he fhould compel the aggrefTor to fulfil the treaties between the cantons and their allies. As this article was manifeflly incompa- tible with that independence which republicans ought to value above all things, it has been wifely omitted in the new treaty ; and it would have become the dignity of the Swifs character to have renounced equally thofe penfions, which are called Argents de Paix et d'AUiance, as in- confiftent not only with a republican fpirit, but with that equality which ought to be the foun- dation of an alliance. LETTER XIV. LUCERNE. My dear Sir, TH E canton of Lucerne comprehends a country of fixteen leagues long and eight wide, containing fifteen bailiwicks, befides feveral cities, abbays, monafleries, feigniories, &c. The inhabitants are almoft wholly engaged in agricul- ture, and the exportation of their produce. Their commerce might be greatly augmented, as the river Reufs iffues from the lake, pafTes through the town, and falls into the Rhine. The city contains lefs than three thoufand fouls, has no manufaftures, little trade, and no encouragement for learning : yet the fovereign is this fingle city, and the fovcreignty rcfides in the little 4^ Arijtocratical Cantons. little and great council, having for chiefs two avoyers, who are alternately regents. There are five hundred citizens in the town, from whom a council of one hundred are chofen, who are no- minally the fovereignty ; out of this body are formed the two divifions, the little council, ienate, or council of ftate, confifting of thirty- lix members, divided into two equal parts of eighteen each, one of which makes choice of the other every half year. The whole power is ac- tually exercifed by this body, the two divifions of which adminiiler the government by turns. They are fubjeft to no controul, are neither con- firmed by the fovereign council, nor by the citi- zens ; the divifion which retires confirming that "which comes in. As the vacancies in the fenate are filled up by themfelves, all power is in pcflelTion of a few Patrician families. The fon fucceeds the father, and the brother his brother. The grand council confids of fixty-four per- fons, taken from the citizens, v;ho are faid to have their privileges; but it is hard to guefs what they are, as the eleftions are made by the little and great council conjointly. The adminillration, the police, the finances, and the whole executive power, is in the fenate, which is conRantly fitting. The grand council is aflembled only upon particular occafions, for the purpofe of legiflation. I'he fenate has cognizance of criminal caufes, but in capital cafes the grand council is convoked to pronounce fentence ; in civil caufes an appeal lies irom the fenate to the grand council ; but thefe appeals can be but mere forms, the fame fenators being in both courts. As the fenate conftitutes above a third of the grand council, choofe their own members, confer 5 all Zurich. 47 all employments, have the nomination to ecclefi- aftical benefices, two thirds of the revenues of the canton belonging to the clergy, their influence muft be uncontroulable. The iwo avoyers are chofen from the fenate by the council of one hundred, and are confirmed annually. The relations of the candidates are excluded from voting : but all fuch checks againft influence and family connexions in an oligarchy are futile, as all laws are cyphers. There are alfo certain chambers of juftice and police. In fome few inftances, fuch as declaring war and making peace, forming alliances or impofing taxes, the citizens muft be affembled and give their confent, which is one check upon the power of the nobles. LETTER XV. ZURICH. My dear Sir, THE canton of Zurich contains one hun- dred and fifty thoufand fouls, upon an area of forty miles by thirty, abounds in corn, wine, and all the ordinary productions of excellent paf- tures. Literature has been encourngcd, and has conftantly flourifhed in this country, from the time of Zuinglius to that o{ Gei'ncr and Lavarer. The inhabitants are induftrious, their manufac- tures confidcrable, and their commerce extenfive. In the city is a public granary, an admirable refource againft fcarcity, and a magnificent arfe- iial well filled with cannon, arms, and ammuni- tion, panicularly mufqucts for tliiny thou land 48 Arijiocratical Cantons. men; the armour of the old Swifs warriors, and the bow and arrow with which William Tell Ihoc the apple on the head of his fon Who with the generous ruilics fate, On Uri's rock, in clofe divan. And wing'd that arrov/, (ure as fate, W'hich fix'd the facred rights of man. The fovereign is the city of Zurich. The fovereignty refides in fhe two burgomafters, in the little council compofed of forty-eight mem- bers, and the grand council compofed of one hundred and fixty-two members -, all taken from thirteen tribes, one of which is of the nobles, and the other twelve of citizens. Although there are twelve thoufand fouls in the capital, and one hundred and fifty in the can- ton, there are not more than two thoufand citizens. In early times, when the city had no territory round it, or a fmall one, the citizens were in pofTeffion of the government -, when they afterwards made additions by conqueft or purchafe, they ftill ob- flinately held this power, and excluded all their new fubjects. It is an hundred and fifty years fince a nev/ citizen has been admitted : befides elefting all the magiflrates and holding all offices, they have maintained a monopoly of commerce, and excluded all firangers, and even fubjeds of the canton, from conducing any in the town. Such are commons, as well as nobles and princes, whenever they have power unchecked in their hands! There is even in this commercial republic a tribe of nobles, who confider trade as a humi- liation. 9 The Zurich, 49 The leglflative authority is veiled in the grand council of two hundred and twelve, including the fenate. The fenate confifts of twenty-four tribunes," and four counfellors chofen by the noble?, to thefe are added twenty, elefted by the fovercign council; making in all, with the two burgomafters, fifty: half of them adminifter fix months, and arc then fucceeded by the reft. The burgomafters are chofen annually by the fovercign council, and one of them is prefident of each divifion of the fenate, which has the judicial power, in criminal matters, without appeal, and in civil, with an appeal to the grand council. The members of the fenate are liable to be changed, and there is an annual revifion of them, which is a great reftraint. The ftate is not only out of debt, but faves money every year, againft any emergency. By this fund they fupported a war in 1712, without any- additional taxes. There is not a carriage in the town, except it be of a ftranger. Zurich has great influence in the general diet, which Ihe derives more from her reputation for integrity, and original Swifs independence of fpirir, than from her power. LETTER XVI. SCHAFFHAUSE. My dear Sir, TH E fovereign is the city of Schaffhaufe. The citizens, about fixteen hundred, are divided into twelve tribes, one of which confifts of nobles, and eleven are ordinary citizens. E The ^0 Arijlocratical RepuUics. The fovereignty refides in the little and grand councils. The fenatc, or little council of twenty-five, has the executive power. The great council, comprizing the fenate, has the legiilative, and finally decides appeals. The burgomaflers are the chiefs of the repub- lick, and alternately prefide in both councils, Befides thefe there are, the fecret council, of feven .of the higheft officers ; the chamber of juflice, of twenty-five, including the prendent-, the praetorian chamber, of thirteen, including the prefident; the confiftory, of nine-, and the chamber of accounts, of nine. The city has ten bailliwicks fubjcfl to it. THE CITY OF MULHOUSE. The fovereign is the city : the fovereignty re- fides in the little and the grand council. The ieffer council is compofed of twenty-four perfons i viz. three burgomafters, v/ho prefide by turns, each one fix months, nine counfellors, and twelve tribunes, who fucceed by eledion, and are taken from the grand council. The grand council is compofed of feventy- eight, viz. the twenty-four of the lefier council, thirty- fix members of the tribes, fix from each, and eighteen taken from the body of the citizens, and eieded three by each one of the fix tribes. THE CITY OF BIENNE. The republick of Bienne contains lefs than fix thoufand fouls. The ^he City of Blenne] t The regency is compofed of the great council, in which the legiflative authority refides, confift- ing of forty members ; and of the little council, compofed of twenty-four, who have the execu- tive. Each of thefe councils ele^l their own mem- bers, from the fix confraternities of the city. The burgomafter is chofen by the two coun- cils, prefides at their meetings, and is the chief of the regency , he continuc-s in office for life, although he goes through the form of an annual confirmation by the two councils, when the other magirtrates fubmit to the fame ceremony. The burgomafter keeps the feal, and, with the ban- neret, the treafurers, and the fecretary, forms the ceconomical chamber, and the chamber of or- phans. This town fends deputies to the general diets, ordinary and extraordinary. LETTER XVII. THE REPUBLIC OF ST. G A L L^ My dear Sir, THE republic of St. Gall is a league and a half in circumference, and contains nine thoufand fouls. The inhabitants are very induf- trious in manufa(5tures of linen, muflin, and em- broidery, have an extenfive commerce, and arts, fciences, and literature, are clteemed and culti- E 3 vatcd 5 Arijiocralical Republic si vated among them. They have a remarkable public library, in which are thirteen volumes of original manufcript letters of the prft rerormers. To fee the different effe6ls of diiicrent forms of government on the human charader, and the nap- pinefs and profperity of nations, it would be worth while to compare this city with Conflance, in its neighbourhood. This happy and profperous, though diminutive republic, has its grand counc;i of ninety perfons, its little council of twenty-four, and three burgo- mafters. The little council confifts of the three burgomafters, nine fenators, and twelve tribunes. The grand council confifts of all the little coun- cil, and eleven perfons from each tribe; for the city is divided into the fociety of the nobles, and fix tribes of the artifans, of whom the weavers are the principal. Befides thele there are, the chamber of juftice, the chamber of five, and fome others. GENEVA. In the republic of Geneva, the fovereignty re- fidcs in the general council, lawfully convened^ which comprehends all the orders of the ftate, and is compofed of four fmdics, chiefs of the republic, prefidents of all the councils , of the lefTer council of twenty-five ; of the grand coun- cil of two hundred, though it coniiils of two hundred and fifty when it is complete ; and of all the citizens of twenty- five years of age. The rights and attributes of all thefe orders of the ftate are fixed by the laws. The hiftory of this ity deliervcs to be ftudied with anxious attentioa by Geneva. 53 by every American citizen. The principles of government, the neceffity of various orders, and the fatal effeds of an imperfe<5t balance, appear no where in a ftrongcr light. The fatal (lumbers of the people, their invincible attachment to a few families, and the cool deliberate rage of thole families, if iuch an expreffion m^ay be allowed, to grafp all authonty into their own hands, when they are not controuled or over-awed by a power above them in a firft magiftrate, are written in every page. I need only refer you to Dr. d^l- vernois's Hiftorical and Political View of the Con- ftitution and Revolutions of Geneva in the Eigh- teenth Century, which you received from the au- thor, to convince you of this. Let me add here, that the fads relating to the Swifs cantons, and their environs, mentioned in thefe letters, are taken from the ^arante 1'ables Poliliqties de la Suijfe, par C. E. Faber^ Bernois, Pafteur, a Bijhviller, in 1 746 ; with fome addi- tional obfervations from the beautiful Sketches of Mr. Coxe, which I fend you with this letter ; and which you will find as inftrudive as they are entertaining. The petty council is indifferently called the council of twenty five ^ tht petit council^ or they^- nate. The council of fixty is a body elected by the fenate, and meets only for the dilcuffion of fo- reign affairs. The grand council, and council of two hun- dred, are one and the lame body , it is ftill called the council of two hundred, though it now con- uils of two hundred and fifty members. The general council, called indifcriminately the [overeipi council^ the general ajfcmhly, the fove- E 3 reipi 54 'Arijlocratical Republics. reign ajjembh^ the ajfembly of the people, or the ccuncil general, is compokd ot all the citizens or freemen of twenty-five years of age. At the time of the Reformation, every affair, important or trifling, was laid before the general afTembly ; it was both a deliberating and afting body, that always left the cognizance of details to four findics : this was neceffary, in that time of danger, to attach the affections of the citizens to the fupport of the commonwealth by every en- dearing tie. The city was governed by two fin- dics of its own annual eledion. The multipli- city of affairs had engaged each findic to nomi- nate fome of the principal citizens to fcrve as af- fefibrs during his adminiftration -, thefe afTcirors, called counfellors, formed a council of twenty- five perfons. In 1457 ^^'^ general council de- creed, that the council of tv.'enty-five lliould be augmented to fixty. This body, in 1526, was augmented to two hundred. Thus far the ariflocratical gentlemen proceeded upon democratical principles, and all is done by the general affembly. At this inftant commences the firtl overt act of arifcocratical ambition. Warm in their feats, they were loth to leave thrm, or hold them any longer at the will of the peo- ple. With all the fubtlety, and all the fagacity and addrefs which is charaderiliic of this order of mien in every age and nation, they prevailed on the people to relinquifh for the future the right of elefling counfellors in the general afTembly ; and the people, with their characteriftic fimpli- ciry, and unbounded confidence in tb.eir rulers when they love them , became the dupes, and rgiTed a law, that the two councils fhould for the ^VJtUfe elcctj or at ieaft approve and ainnn, each other, Geneva. 55 other. This is a natural and unavoidabje eflfedt of doing all things in one affembly, or coUefling all authority into one center. When nriagiftrates and people meet in one affembly, the former will for ever do as they pleafe, provided they proceed with any degree of prudence and caution. The confequence was, that the annual reviews were a farce; only in a very few inftances, for egregious faults, were any excluded : and the tvv'o councils became perpetual, and independent of the people entirely. The illufions of ambition are very fubtle : if the motives of thefe magif- trates, to extend the duration of their authority, were the public good, we muft confefs they were very ignorant, li is mofb likely they deceived themfelves as well as their conftituents, and mif- took their own ambition for patriotifm : but this is the progreffive march of all alTemblies *, none can confine themfelves within their limits, when they have an opportunity of tranfgreffing them. Thefe mao-iltrates foon It-arned to conlider their authority as a family property, as all others in general, in fimilar circumftances, ever did, and ever will. They behaved like all others in another refpeft too : their authority being now permanent, they immediately attack the findics, and transfer their power to themfelves. The whole hiftory of Geneva, fmce that pe- riod, follows of couife : the people, by their fu- pinenefs, had given up all balances, and betrayed their owii privileges, as well as the prerogatives of their iirll' magilbates, into the hands ot a tew f:imil:es. Tr-e people of Geneva, as enlightened as any, have never confidered the neceflity of joining with the fmdicSj nor the fmdics that of joining the E 4. people, ^6 Arijlocratical Repuhlics. people, but have conftantly aimed at an impofli- bility, that of ballancing an ariflocratical by a democratical aflembly, without the aid of a third power. T LETTER XVIII. L tr c c A. My dear Sir, HE government of this republic is faid to be purely ariflocratical ; yet the fupreme power is lodged in the hands of two hundred and forty nobles, with the chief magiftrate at their head, who is called confalloniero, or ftandard- bearer, and has the executive power. This ma- giftrate is affifted by nine counfeliors, called am- ziani, whofe dignity lafts but nine months ; he has a life-guard of fixty Swifs, and lives in the republic's palace, as do his counfeliors, at the public expence : after fix years he may be re^ chofen. The eleftion of all officers is decided in the fenate by ballot. GENOA. The legiflative authority of Genoa is lodged in the great fenate, confifting of feniors, or the doge and twelve other members, with four hun- dred noblemen and principal citizens, annually eleded. All matters of ftate are tranfaded by th'i Genoal 57 the feniors, the members of which hold their places for two years, afTifted by fome other coun- cils ; and four parts in five of the fenate muft agree in pafling a law. The doge is obliged to refide in the public palace the two years he en- joys his office, with two of the feniors, and their families. The palace where he refides, and where the great and little council, and the two colleges of the procurator! and gouvernatori alTemble, is a large ilone building in the center of the city. At the expiration of his time, he retires to his own houfe for eight days, when his adminiftra- tion is either approved or condemned ; and in the latter cafe, he is proceeded againft as a criminal. At the eleftion of the doge, a crown of gold is placed on his head, and a fceptre in his hand, as king of Corfica ; he is attended with life-guards, is clothed in crimfon velvet, and ftyled Moft Se- rene, the fenators Excellencies, and the nobility Illuftrious. The nobility are allowed to trade in the whole- fale way , to carry on velvet, filk, and cloth ma- nufactures ; and to have fhares in merchant fhips ; and Ibme of them, as the Palavacini, are adlually the greateft merchants in Genoa. The extent is about one hundred and fifty-two miles, the breadth from eight to twenty miles. BETTER 55 Arijtocratical Republics. LETTER XIX. VENICE. My dear Sir, THE republic of Venice has exifted longer than thofe of Rome or Sparta, or any other that is known in hiftory. It was at firft demo- eratical , and their magiftrates, under the name of tribunes, were choien by the people in a ge- neral afiembly of them. A tribune was appointed annually, to diftribute juftice on each of thofe iflands which this people inhabited. Whether this can be called col!e6ling all authority into one center, or whether it was not rather dividing it into as many parcels as there were iQands, this fimple form of government fufficed, in fo fmall a community, to maintain order for fome time ; but the tyrannical adminiftration of the tribunes, and their eternal difcords, rendered a revolution necefiary ; and after long altercations, and many projefts, the people, having no adequate idea of the only natural balance of power among three orders, determined that one magiftrate fliould be chofen, as the center of all authority the eter- nal refource of every ignorant people, harrafied with democratical diilradions or ariilocratical en- croachments. This magiftrate mull not be called king, but duke, and afterwards doge , he was to be for life, but at his death another was to be chofen-, he was to have the nomination of ?.ll magiftrates, and the power of peace and war. The unbounded popularity and great real merit of Paul Luc Anafefte, added to the prefture of tribunary tyranny, and the danger of a foreign enemy. Venice, , enemy, accomplifhcd this revolution. The new do^e was to confult only fuch citizens as he fhould judge proper : this, inftead of giving him a conilitutional council, made him the mafter ; he however fent polite meflages to thofe he liked bcft, praying that they would come and advife him. Thei'e were foon called pregadi, as the doge's council is ftill called, though they are now independent enough of him. The firft and fe- cond doge governed mildly , but the third made the people repent of their confidence : after ferv- ing the ftate by his warlike abilities, he enflaved it ; and the people, having noconftitutional means to reftrain him, put him to death in his palace, and refolved to abolifli the office. Hating alike the name of tribune and of doge, they would have a mafter of the militia, and he fhould be annu- ally eligible. Fa6l;ons too violent for this tran- fient authority arofe ; and, only five years after, the people abolilhed this office, and reltored the power of the doge, in the perfon of the fon of him whom in their fury they had afTaffinated For a long courfe of years after this, the Venetian hiftory difclofes fcenes of tyranny, revolt, cruel- ty, and affaffination, which excite horror. Doges, endeavouring to make their power hereditary, af- fociating their eldtft fons with them in office, and both together oppreffing the people , thefe rifing, and murdering them, or driving them into ba- nillirnent, never once thinking of introducin;_', a third order, between them and their firft magif- trate, nor any other form of government by which his power or theirs might be limited. In the tenth century, a fon of their doge took arms againft his father, but was defeated, banifh-d, and declared incapable of ever bcinn- doce : vet no looner was the father dead, than this wortiikis 'on o Arijlocratical Republics, fon was elecled, and brought back in great pomp to Venice : he became foon a tyrant and a mon^ Her, and the people tore him tc pieces, but took no meafure to frame a legal government. The city increafed in commerce, and by conquefts, and the new fubjeds were not admitted to the privileges of citizens : this acceffion of dominion augmented the influence of the doge. There was no affembly but that of the people, and another called the council of forty, for the adminiftra- tion of juftice. This body, in the twelfth cen- tury, formed fomething like a plan of govern- ment. Although the defcendants of the ancient tri- bunes and doges were generally rich, and had a fpontaneous refpedl fl^iewn to the antiquity of their families, they were not properly a nobility, hav- ing no legal rights, titles, or jurifdiclions. As any citizen might be eleded to a public office, and had a vote in the aflemblies, it was neceffary for the proudeft among them to cultivate the good will of the multitude, who made and murdered doges. Through all thefe contefts and dilTen- fions among a multitude, always impatient, often capricious, demanding, at the fame time, all the promptitude and fecrecy of an abfolute monar- chy, with all the licence of a fimple democracy, two things wholly contradidlory to each other, the people had, to their honour, flill maintained their right of voting in aflembly, which was a great privilege, and nobody had yet dared to aim a blow at this acknowledged right of the people. The council of forty now ventured to propofe 3 plan like that of Mr. Hume in his idea o; a pcrf^cr. commonwealth, and like that which our IP friend, Venice. i ffiend, Dr. Price, informs us was propofed in the convention of MafTachufett's. The city was divided into fix diftrids, called feftiers. The council of forty propofed, that each of thefe partitions fhould name two elec- tors, amounting to twelve in all, who fhould have the power of choofing, from the whole city, four hundred and feventy, who fhould have the whole power of the general afTembly, and be call- ed the grand council. The people were amufed with line promifes of order and regularity, and confoled with afiertions that their right of election ftill continued, and that thole who fliould not be chofen one year, might be the next; and, not perceiving that this law would be fatal to their power, fuffered that ariftocracy to be thus founded, which fubfifts to this hour. The next propofal was, that a com- mittee of eleven fhould be appointed, to name the doge. Though the defign of reducing the people to nothing might have been eafily feen in thefe manoeuvres, yet the people, wearied, irritated, and difcouraged, by eternal difcords, agreed to both. The council of forty, having thus fecured the people, turned their eyes to the doge, whofe au- thority had often been perverted to the purpofes of oppreffion, and, having no legal check, had never been reftrained but by violence, and all the confufions which accompany it. They pro- pofed that a privy council of fix fliould be ap- pointed for the doge, one from each divifion of the city, by the grand council themlelves, and that no orders fhould be valid without their con- currence : this palled into a law, witii unanimous applaufe. They then propofed a lenate of fixty, V^ho were to be eleded out of the grand council,. and 6l Arijtocratical Repuhlics. and to be called the pregadi : this too was ap- proved. The grand council of four hundred and fevenry, the fenate of fixty, the fix counfellors, and eleven electors, were accordingly all chofen, and the laft were fworn to choofe a doge, without partiality, favour, or affedion : and the new- chofen doge, having taken care to diftribute mo- ney among the multitude, was received with uni- yerfal acclamations. In his reign was inftituted, by permiffion of the pope, the curious ceremony of wedding the fea, by a ring call into it, in fignum vert et perpetui imperii. Under the next doge the avogadors were inftituted, to fee that the laws were fully executed. In the thirteenth century, fix new magiftrates, called corredors, were created by the fenate, to enquire into all abufes during the reign of a de- ceafed doge, and report them to the fenate ; and it was enaded, that the fortune of the doge Ihould indemnify the ftate for whatever damage it had fufFered during his adminiftration : and thefe cor- redors have been appointed, at the deceafe of every doge fince that time. In the next reign, a new tribunal of forty was erected, for the trial of civil caufes. In the thirteenth century, a new method of appointing the doge, by the famous ballot of Venice, a complicated mixture of choice and chance, was adopted. Each of the grand counfellors, now augmented to forty-one to avoid the inconvenience of an equal divifion, draws a ball out of a box, con- taining thirty gilt, and the reft v/hite , thofe who draw the gilt ones go into another room, where is a box with thirty balls, nine of which are gilt , draw again, and thole who obtain the gilt balls are thtfirji dehors \ who choofe forty, com- prehending themfelves in that number j the ionyy by Venicft 63 by repeating the whole procefs, are reduced to twelve fecond dehors, the firft of whom names three, and the reft two a piece : thefe twenty-five draw again from as many balls, nine of which are gilti this reduces them to nine third ekoiors, each of whom choofes five : which forty-five are re- duced, by a repetition of the ballot, to eleven fourth ele^ors, and they have the appointment of forty-one, who are the direl eledlors of the doge. The choice generally turns upon two or three candidates, whofe names are put into another box, and drawn out : the firft whofe name is drawn retires, and proclamation is made for objections againft him , if any are made, he comes in, and is heard in his defence: then the eledors proceed to determine by ayes and noes ; if there are twenty- five ayes, he is chofen, if not, another name is read, and the fame decifion repeated, until there are twenty- five in the afiirmative. The grand council, ever anxious to limit the power of the doge, foon thought it improper that the public ads Ihould be figned by chancellors appointed by him, and accordingly determined to appoint tiiis officer themfclves. The fcnate then began to think it too great a refpect to the people to have the new doge pre- fented to them for their acclamations, and or- dained that u iyndic fnould congraiuh^te him in the name of the people on his election. The populace,wiio had v.'cckly lurrcndered their rights, wcie very angry at being deprived of this fhow, and proclaimed a doge of their own ; but he v/as atraid of the contcft, and retired, and the people having no man of weight to head them, gave up this point. Tlic new doge, \vi;o had much contempt for popular government, and lomc refentment for the iz flight 64 Arifiocratical Republics, (light oppofitlon he had met with, procured i. law to be pafled, that all the members of the grand council fhould hold their places for life, and tranfmit them to their pofterity, and that their eleftions by the people's eledlors fhould ceafe. This eftablifhment of an hereditary legiflative nobility, no doubt fhocked the citizens in gene- ral, but chiefly thofe of ancient families, who were not at that moment members of the grand council ; to filence thefe, the moft powerful of them were received into the grand council, and others were promifed that they fhould be admit- ted at a future time. Commerce and wars foon turned the attention of the reft of the people from all thought about the lofs of their privileges. Some few, however, fome time after formed a plan, not to convene the people in a body, and new- model the conftitution, but to aflaflinate the doge and council all together. The plot, which was carried on by the plebeians, was difcovered, and the chiefs executed. Another originated amongft the nobles, fome of them of the grand council, who being of very ancient families, could not bear to fee fo many citizens raifed to a level with them- felves, and others of the moft diftinguiflied of thefe, who were not of the grand council, and had not been received afterwards according to promife. This produced a fkirmifli in the city, but fome of the confpiring nobles were killed, the reft routed, and many executed, but it was thought prudent to admit feveral of the moft dif- tinguiftied families. Thefe two confpiracies pro- duced a council of ten, upon which were after- wards engrafted the ftate inquifition. Great care is taken in Venice, to balance one court againft another, and render their powers mutual checks to each other. The college called the J'emce'i 65 tne feigniory, was originally compofed of the doge and fix counfellors ; to thefe were added fix of the grand council chofen by the fenate, and called the favii or fages j then five more for land affairs, and then five for fea affairs, in the room of wliom, five young noblemen are now cholen every fix months, who attendj without a vote, for their education i to thefe were added the three chiefs of the criminal court, from a jealoufy of the power of the college, which is both the cabinet council, and the reprefentative of the (late, giving audience and anfwers to ambaffadors, to agents of towns, and generals of the army ; receives all petitions, fum- mons the fenare, and arranges its bufinefs. There is one inftaiice of a doge's concertino- a confpiracy, to ihake off the controul of the fenate ; but as it was an old man of fcurfcore, whofe young wife, on whom he doted, was not treated with fufficient rel'pecfl by the nobility, we need not wonder, that he had not fenfe enough to think of introducing a regular, well-balanced conftitution, by a joint concurrence of the people, and the no- bility : the whole plan was to maiHicre the grand council ; and although he engaged in his defign iome of the higheft officers, and a large party, the plot was difcovered, the doge himfelf tried, condemned, and beheaded, as fo infamous a piece of mad villainy juftly deferred. A puntfrual execution o^ ttie laws, is no doubt cfleniial to the exillence of this Hate, and there arc tlriking inftances of perfons punifhing their iieared relations, with the motl unrelenting^ feve- rity ; without this, the doge on one hand, or the {leople on the other, would foon think of a union agamll the ruling nobflity. The ariflocracy is i always fagacious, and knows the neccfilty of a ri- gorous impartiality, in order to prtlcrve its F p'jwcr- 66 Arifiocratical Repuhlics. power, and all the barriers we have defcribed have been ere6led for this purpofe : but all would be infufficient to reftrain their paflions, without the lions mouths and the ftate inquifitors; thefe were engrafted on the council of ten. This terrible tribunal, is fovereign in all crimes againfl: the ftate ; it confifts of ten chofen yearly by the grand council ; the fix of the feigniory affift, and the doges prefide when they pleafe. Three chiefs, appointed monthly by lot, to open all letters, feize the accufed, take examinations, and profe- cute the prifoner , who is clcfely confined, al- lowed no council, and finally acquitted or con- demned to death, in public or private, by the plu- rality of voices. This was the original tribunal, but it was not found fufRcient, and the ftate in- quifitors were erefted in the beginning of the (ix- teenth century. This tribunal confifts only of three perfons, all taken from the council often, who have authority to decide, without appeal, on the life of every citizen, the doge himfelf not ex- cepted. They employ what fpies they pleafe j if they are unanimous, they may order a prifoner to be ftrangled in gaol, or drowned in the canal, hanged in the night, or by day, as they pleafe ^ if they are divided, the caufe muft go before the council of ten, but even here, if the guilt is doubtful, the rule is to execute the prifoner in the night. The three may command accefs to the houfe of every individual in the ftate, and have even keys to every apartment in the ducal palace, may enter his bed-chamber, break his cabinet, and fearch his papers. By this tribunal, have doge, nobility, and people, been kept in awe, and reftrained from violating the laws, and to this is to be afcribed the long duration of this ariftocracy. Such Venice. 67 - Such arc the happy effefts of the fpirit of fa- milits, w!ien they are not bridled by an executive authority, in the hands of a firft magiftrate oa one hand, and by an alTrmbly of the peopk in perfon, or by adequate reptefentation, on the other. Such are the blefnngs which, in courfe of ages, fpring from a negleft in tfie beginning, to eflablifh three orders, and a perfe6l balance be- tween thcin There can be, in the nature of things, no balance v/ithout three powers. The ariflocracy i." always more fagacious than an af- leinbly of the people collectively^ or by repre- iencation, and always proves an overmatch in po- licy, fooner or later, l^hey are always more cun- ning too than a firfl magirtrate, and always make of him a doge of Venice, a mere ceremony, un- lefs he makes an alliance with the people to fup- port him againft them. What is the whole hif- tory of the wars of the barons but one demon- ftration of this truth ! What are all the Handing armies in Europe, but anorh^r. Thefe v/ere all given to kings by the people, to defend them againft arillocrncies. The people have been ge- nerally of Mr. Turgot's mind, that balances, rind different orders, were iinneceflary, and, harraf- ied to death with the domination of noble fa- milies, rhcy have generally furrounded the thrones with troops, to humble them. Ti)ey have fuc- ! ceeded lo far as generally to make the nobles de- j pendent on the crown, but having given up the balance which they miglu have held in their own hands, they are rtill fubjefl to as much ariftocratical domination, as the crov/ns think proper to permit- InVenice, the arillocratical paf- fion for curbing the prince and the people, has been carried to its utmoft length. It is *iVonilh- T 2 in^ 68 u^HJiocraiical Republics. ing to many, that any man will accept the office of doge. Thefe fagacious nobles, who always know at leaft the vices and weaknefies of the hu- man heart better than princes or people, iliw that there would be generally vanity enough in an in- dividual to flatter himfelf, that he had qualities to go through his adminiilration without incur- ring cenfure, and with applaufe ; and farther, that the frivolous diftinftion of living in the ducal palace, and being the firtl man in the nation, though it were only the firrt: among equals, would tempt moft men to riique their lives and fortunes, and accordingly it has fo happened. There has been an uncommon folicitude ail along to reftrain his power : this no doubt was to prevent him from a polTibility of negociating with the people againit them : on the other hand, there has been uncom- mon exertions to annihilate every power, every hope in the people: this was to prevent them from having a legal poiTibility of applying to the doge for afliftance. All this together, would not however have fucceeded, if death, in thefliape of the inquifition, had not been made to ftare both doge and people in the face, upon the firft thought of conferrino; together. The nobles are divided into fix claHe-. I. Twelve of the mod ancient families. 2. Four families that in the year 880 lubfcribed to the building of the abbey of St. George. ^. Thole whofe names were written in the golden boolc, in 1296. 4. Thofe that were ennobled by the public in 1385. 5. Thofe who purchaled their nobility for one hundred thoufand tiucats in 1646. And 6. The itrangcrs who have been received into the number of nobility : the whole make about two thou land five hundred. There Venice. 6<) There arc four councils : i. The doge and fix fignoria. 2. The configlio grande, in which all the nobles have feats and voices. ^. Configlio de pre 76 Monarchical Republics. gentry , well aware that no other expedient could introduce order, except a limiration of the vaft influence, pofiefled by the Palatines or principal nobility. If this prince had been pofiefled of any ideas of a free government, he might eafily have formed the people and inftrior gentry into an af- icmbly by themfelves, and, by uniting his piowcr with theirs, againft the encroachments of the no- bles upon both, have preferved it. liis nephew, Louis of Hungary, who fucceedcd him, being a fpreigner, was obliged by the nobility to fubfcribe conditions at his acceffion, not to impofe any taxes by his royal authority, without the confent of the nation, that is of the nobles, for no other nation is thought on : that in cafe of his demife without male heirs, the privilege of appointing a king fliould revert to the nobles. In conl'equence of this agreement Louis was allowed to afcend the throne: having no fon, with a view of infur- ing the fucccflion to Sigifmund his fon in law, he promiled to diminifli the taxes, repair the for- trefles at his own expence, and to confer no offices or dignities on forcio;ners. Louis died : but Sigifmund Vr'as emperor, and therefore powerful, and might be formidable to the new immunities. The Poles, aware of this, violated the compaft with Louis, neglected Sigif- mund, and eledled Ladiflaus, upon his ratifying Louis's promifes, and marrying his daughter. Ladiflaus, having relinquifhed the right of im- pofing taxes, called an aflembly of prelates, ba- rons, and military gentlemen, in their refpecftive provinces, in order to obtain an additional tribute. Thefe provincial aflfemblies gave birth to the Die- tines ; which now no longer retain the power of raifmg money in their feveral diltrifts, but only cle6t the nuncios or reprefentatives fqr the diet. Ladiflaus Poland. 77 LadiQaus the third, the Ton of the former, purchalcd his right to the fuccefllon, during the life of his father, by a confirmation of all the concelTions before granted, which he folemnly ratified at his acceffion. Caffimir the third, bro- ther of Ladillaus the third, confented to feveral further innovations, all unfavourable to regal prerogative One was the convention of a na- tional diet, inverted with the fole power of grant- ing fupplies. Each palatinate or province was allowed to fend to the geiicral diet, befides the Palatines and other principal barons, a certain number of nuncios or rcprcfenratives, chofen by the nobles and burghers. Is it not ridiculous, that this reign fhould beconfidered by the popular party, as the aera, at which the freedom of the conftitution was permanently eftabliflied ? This frecdoHi, wliich confifts in a king without autho- rity ', a body of nobles in a itate or uncontrouled. anarchy , and a peafantry groaning under the yoke of feudal defpotifm : the greaieil inequality of fortune in the world ; the extremes of riches and poverty, of luxury and mifery, in the neigh- bourhood of eacii other , a univerfal corruption and venality pervading all ranks; even the firlb nobles not blufhing to be penfioners of foreign courts-, one proiefling himfeif publicly an Auf- tnan, another a Prulfian, a third a Frenchman, and a fourth a Kudian -, a country without manu- fiiilures, without commerce, and in eveiy view the moft diftrcficd in the world. But to proceed, with an enumeration of the meafures by v^'hicli tlicy have involved themfclves in thcfe pitiable circumllances : Calnmir was involved in feveral unfuccefsful wars, which exhaulled liis treafuics : lie applied to the diet for fubfiuies. Everv yS Monarchical Republics. Every fupply was accompanied with a lift of grievances, and produced a diminution of the royal prerogative. The barons, at the head of their vafTals, were bound to fight, and the king could require fuch feudal fervices in defence of the kingdom : but Caffimir the third, to obtain pecuniary aids, gave up the power of fummon- irio; the nobles to his ftandard, and of enadintr any law without the concurrence of the diet. John Albert, to procure an elecftion in preference to his elder brother, aflented to all the immunities extorted from his predecefTors, and fwore to their obfervance, in 1469. Alexander, his fucccfibr, declared in 1505, the following limitations of fovereign authority to be fundamental laws of the kingdom. i. The king cannot impofe taxes. 2. He cannot require the feudal fervices. 3. Nor alienate the royal domains. 4. Nor enadl laws. 5. Nor coin money. 6. Nor alter the procels in the courts of juftice. Sigifmund the firft, fuc- ceeded Alexander, and under his reign the Polilh: conftitution was the moft tolerable, as the pro- perty of thefubjeft was beft fecured, and the crown had confiderable influence : but this did nor fatisfy the nobles. Under Sigifmund Auguftus, fon and fuccelTor of Sigifmund the firft, that fa- vourite objed of the Polifh nobles, the free elec- tion of the king, v/as publicly brought forward, and the king obliged to agree, that no future monarch fhould fucceed to the throne, unle!? freely eleded by the nation : before this, the fo- vereigns upon their accefTion, though formRily raifed by the confent of the nation, ftill refted their pretenfions upon hereditary right, always ftiling themfelves heirs of the kingdom of Poland, Sigifmund Auguftus was the laft who bore that title 5 at his death, in 1572, all title to the crown fron:; Poland. 79 from hereditary right was formally abolifhed, and the abfolute freedom of eledion eftablilhcd upon a permanent bafis : a charter of immunities was drawn up at a general diet, a ratification of which it was determined to exaft of the new fove- reign, prior to his eledion. This charter, called paSia com-enta, contained the whole body of privi- leges obtained from Louis, and his fucceffors, with the following additions: i-That the king fhould be eledive, and that his fucceflbr fhould never be appointed during his life. 2. That the diets, the holding of which depended folely upon the will of the kings, (liould be afiembled everr two years. ^. That every noblemian or gentleman in the realm fhould have a vote in the diet of elec- tion. 4. That in cafe the king fhould infringe the laws and privileges of the nation, his fubjects fhould be abfolved from their oaths of allegiance. From this period the pacla convent a^ occafionally enlarged, have been confirmed by every Ibvereigri at his coronation. Henry of Valoir, brother of Charles the ninth of France, who afcendcd the throne after the con- flitution was thus new modelled, fecureJ his < led ion by private bribes to the nobles, and by llipulating an annual penfion to the republic from the revenues of France. His example has been followed by every fuccecding king, v.'ho, befides an unconditional ratifjcation of the padla convenra, lias always been conftraincd topurchafe the crown, by a public laigefs, and private corruption. Such is Polilli liberty, and fuch the blefTings of a mo- narchy eledlive by a body of nobles. Under Stephen Bathori, the royal authority, or rather the royal dignity, was farther abridged, by the appointment of lixreen fenators, chofen at each diet, to attend the king., and to give their z opinion So Monarchical Republics. opinion in all matters of importance, fo that he could not iflue any decree without their conient. Another fatal blow was given to the prerogative in 1578, by taking from the king the fupreme jurifdidion of the caufes of the nobles : it was cna6led, that without the concurrence of the king, each palatinate (hould eledl in their dietines their own judges, who fhould form fupreme courts of " juftice, called trihunalia regni^ in which the caufes of the nobles fliall be decided without appeal, a mode which prevails to this day. In the reign of John Caffimir, in 1652, was introduced the libe'rum "jcto^ or the power of eacii nuncio to interpofe a negative, and break up a diet, a privilege which the king himfclfdoes not enjoy. When the diet was debating upon tranfactions oi the utmoft importance, which required a fpeedy decifion, a nuncio cried out, " 1 ftop the pro- " ceedings," and quitted the afiem.bly : and a venal faction, who fupported his proceft, unheard of as it was, obtained the majority, and broke up the affembly in confufion. The conftitution was thus wholly changed, and an unlimited fcope given to facflion. The innovation was fupported by the great officers of (late, the general, trea- furer, and marlhal, who being once nominated by the king, enjoyed their offices for life, refpon- fible only to the diets, confcious that they could at all times engage a nuncio to proteft, and thus elude an enquiry into their adminiilration ; it was alfo fupported by the adherents of many nobles accufed of capital crimes before the diet, the only tribunal before v/hich th-y could be tritd : ail the nuncios who oppofed the raifmg of additional fubfidies by taxes, which tlie exigencies of the ftate then demanded, feconded the propofal of putting an end to the afiembly. But the principal caufe Poland, 8 1 caufe of all were the foreign powers, interefted to foment confufions in the Polifh councils. Before this, they were obliged to fecure a majority ; af- terwards, thrcy might put an end to any diet, un- friendly to their views, by corrupting a fingle member. This veto broke up feven diets in the reign of John Cafimir, four under Michael, fe- ven under John Sobiefki, and thirty during the reigns of the two Augufti. In confequence of this neceflity of unanimity, which they call the deareft palladium of Polifh liberty, Poland has continued above a hundred years almoft without laws, s But as the king ftill bellowed the flaroflies, or royal fiefs, which are held for life, and confer- red the principal dignities and great offices of ftate, he was ftill the fountain of honour, and maintained great influence in the councils of the nation ; but this laft branch of the royal prero- gative was lately wrefted from the crown at the eftablifliment of the permanent c. uncil. Thus it appears in the hiftory of Poland, aa in that of Venice, Genoa, Berne, Soleure, and all others, that the nobles have continued with- out interruption to fcramble for diminutions of the regal authority, to grafp the whole executive power, and augment their own privileges , and have attained a dire6t ariftocracy, under a mo- narchical name, where a few are above the con- troul of the laws, while the many are deprived of their protedlion. The prefcnt wretched ftate of the towns, com- pared with their former flourilhing condition , the poverty of the peafants, whofe opprefllons have increafcd in proportion to the power of the nobles, having loft a protedor when the king G loft 82 Monarchical or regal Repuhlics. loft his weight in the conftitution ; the total con- fufion in all public affairs ; the declenfion of im- portance, and lofs of territory all fliew that ab- folute monarchy is preferable to fuch a republic. Would twelve millions of inhabitants, under an Englifh conftitution, or under the conftitution of any one of the United States, have been par- titioned and difmembered ? No -, not by a league of all the abfolute fovereigns of Europe againft them at once. Such are the effeds of collecting all authority into one center, of neglecting an equilibrium of powers, and of not having three branches in the legiflature. The pradice of cantoning a body of foldiers near the plain where the kings are elected, has been adopted by fevcral foreign powers for near a century ; and, although it may be galling to the nobility, prevents the effuGon of blood that for- nierly deluged the afiembly. This was done, at the election of Staniflaus Auguftus, by the cm- prefs of Ruffia and the king of PrufTia j five thoufand Ruffian troops were ftationed at a fmall diftance from the plain of Vola. Staniflaus was in the thirty-fecond year of his age when he afcended the throne, in 1764. From his virtues and abilities, the faireft hopes were conceived of his raifing Poland from its deplo- rable fituation -, but his exertions for the public good were fettered by the conftitution, by the factions of a turbulent people, and the intrigues of neighbouring powers. His endeavours to in- troduce order at home, and independence abroad, which would have increafcd the power of his country, and her confideration with foreign na- tions, alarmed the neighbouring powers. The fpirit of religious intolerance produced a civil war. Poland. 83 war, and the fenate petitioned the ambaflador from Peterfburg, not to withdraw the Ruffian troops. The royal troops, aided by the Ruf- fians, whofe difcipline was fuperior, were in fa- vour of religious liberty. The Confederates, fe- cretjy encouraged by Auftria, affifted by the Turks, and fupplied with money and officers by the French, were able to protradl hoftilities from 1768 to 1772: during this period the attempt was made to alfaffinate the king. Count Pulafki, who was killed in the fervice of the United States, is faid to have planned an enterprize fo much to his diffionour. No good caufe ever wa?, or ever will be, ferved by afTaffi- nation ; and this is happily, in the prefent age, the univerfai fenfe of mankind. If a Papal nun- cio was found in Poland, capable of bleffing the weapons of confpirators againil this tolerant king, he was a monfter, whofe bloody bigotry the libe- ral fpirit of the Pope himfelf muft, at this en- lightened period, abominate. The king did him- feli-' immortal honour, by his interceffion with the diet to remit the tortures and horrid cruelties de- creed by the laws of mod kingdoms in Europe againft treafon, and by his moderation towards all the confpirators. We are now arrived at the confummation of all panegyrics upon a fovereignty in a fingle afiem- bly the Partition. Pruffia was formerly in a (late of vaflTalage to this republic ; Ruffia once faw its capita) and throne pofleffcd by the Poles ; and Auftria was indebted to John Sobiefl^i, a fovereign of this country, for compelling the Turks to raifc the fiege of Vienna, but a century ago. A republic fo lately the protestor of its neighbours, would not, without the moft palpable imperfe<5lions in G 2 the 84 Monarchical or regal Republics. the orders and balances of its government, h&vc declined in an age of general improvement, and become a prey to any invader much Icfs would it have forced the world to acknowledge, that the tranflation of near five millions of people, from a republican government to that of abfo- lute empires and monarchies, whether it were done by right or by wrong, is a bleffing to them. The partition was projected by the king of Pruf- fia, who communicated it to the emperor and cmprefs. The plague was one circumftancc, and the Ruffian war againft the Turks another, that favoured the defign , and the partition-treaty was figned at Peterfburg, in February 1772, by the Ruffian, Auftrian, and Pruffian plenipotentiaries. The troops of the three courts were already in pofieffion of the greateft part of Poland, and the Confederates were foon difperfed. The par- titioning powers proceeded with fuch fecrecy, that only vague conjectures were made at Warfaw, and that lord Cathcarr, the Englifh minifter at Peterfburg, obtained no authentic information of the treaty until two months after its fignature. The formal notification, to the king and fenate at Warfaw, was made, by the Imperial and Pruf- fian ambaffadors, in September 1772, of the pre- tenfions of their courts to the Polilh territory. The remonftrances of the king and fenate, as well as thofe of the courts of London, Paris, Stock- holm, and Copenhagen, had no effedt ; and the moft humiliating record, that ever appeared in the annals of a republic, is leen in the king's fum- mons " Since there are no hopes from any " quarter, and any further delays will only tend " to draw down the moft dreadful calamities ** upon the remainder of the dominions which *' are left to the republic, the diet is convened " for Poland. ^5 ** for the 19th of April, 1773, auording to thf *' will of the three courts ; neverthelcfs, in order " to avoid all caufe of reproach, the king, with "*' the advice of the fenate, again appeals to the " guarantees of the treaty of Oliva." It is not to be doubted, that if there had been in Poland a people in exiftence, as there is in Holland, to have given this amiable prince only the autho- rity of a ftadtholder, he would have faid, " 1 will *' die in the laft ditch." Of the difmembered provinces, the Ruffian, which is the largeft territory, contains only one million and a half of fouls; the Auftrian, which is the mod populous, contains two millions and a half; the Pruffian, which is the mod commer- cial, commanding the navigation of the Viftula, contains only eight hundred and fixty thoufand, and has given a fatal blow to the commerce of Poland, by transferring it from Dantzick to Me- mcl and Koniglburg. The finilhing ftroke of all remains. The three ambafladors, on the 13th of Sep- tember, 1773, delivered, *' A part of thofe car- " dinal laws, to the ratification of which our *' courts will not fufFer any contradidion. I. The ciov;n of Poland (hall be for ever cledlive, and all order of fuccefTion profcribed : any perfon who fliall endeavour to break this law Ihall be declared an enemy to his country, and liable to be punifhed accordingly. " II. Foreign candidates to the throne, being *' the frequent caufe of troubles and divifions, " fhall be excluded ; and it fhall be enabled, that, for the future, no perfon can be chofen king of Poland, and great duke of Lithuania, *' excepting a native Pole, of noble origin, and ** pofTcfTing land within the kingdom. The fon, G 3 " or 8 6 Monarchical or regal Repuhlics. " or grandfon, of a king of Poland, cannot be " eleded immediately upon the death of their " father or grandfather ; and are not eligible, ex- " cepting after an interval of two reigns. " III. The government of Poland fhall be for *' ever free, independent, and of a republican " form. " IV. The true principle of faid government *' confiding in the ftrift execution of its laws, " and the equilibrium of the three eftates, viz. *' the king, the fenate, and the equeftrian order, " a permanent council fhall be eRablifhed, in " which the executive power fhall be vefled. In " this council the equeftrian order, hitherto ex- " eluded from the adminiftration of affairs in " the intervals of the diets, fhall be admitted, as '' fhall be more clearly laid down in the future (( arrangements. Thus the fupreme legiflative authority refides in the three eltares of the realm, the king, the fenate, and equeftrian order, affembled in a na- tional diet ; but each eftate has no negative upon the other, and therefore is no balance, and very little check. The great families and principal palatines will ftiU govern, without any effedlual contrcul. The executive power is now vefted in the fu- preme permanent council ; but here neither have they any checks, all being decided by the majo- rity, and the fame principal families will always prevail. Thefe auguft legiflators have acknowledged the principle of a free republican government, that it confifts in a ftrid execution of the laws, and an equilibrium of eftates or orders : but how ^rti the laws to govern? and how is' the equili- brium to be preferved f Like air, oil, and warer^ % fhakea Poland. 87 fhaken together in one bottle, and left in repofe ; the firft will rife to the top, the laft fink to the bottom, and the fecond fwim between. Our countrymen will never run delirious after a word or a name. The name republic is given to things, in their nature as different and contra- diftory as light and darknefs, truth and falfehood, virtue and vice, happinefs and mifery. There are free republics, and republics as tyrannical as an oriental defpotifm. A free republic is the beft of governments, and the greateft blelTing which mortals can afpire to. Republics which are not free, by the help of a multitude of ri- gorous checks, in very fmall dates, and for fhort fpaces of time, have preferved fome reverence for the laws, and been tolerable -, but there have been oligarchies carried to fuch extremes of tyranny, that the defpotifm of Turkey, as far as the hap- pinefs of the nation at large is concerned, would perhaps be preferable. An empire of laws is a charafteriftic of a free republic only, and fhould never be applied to republics in general. If there fhould ever be a people in Poland, there will foon be a real kingj and if ever there fhould be a king in reality, as well as in name, there will foon be a people : for, inflead of the trite faying, " no bifliop, no king," it would be much more cxa6t and important truth to fay, no peo- ple, no king, and no king, no people, meaning by the word king, a firfl magiftrate poflelTed ex- clufively of the executive power. It may be Idd down as a univerlal maxim, that every govern- ment that has not three independent branches in its legiflature will foon become an abfolute mo- narchy i or, an arrogant nobility, increafing every day in a rage for fplendor and magnificence, will annihilate the people, and, attended with G 4 their S8 Monarchical or regal Republic si their horfes, hounds, and vaflals, will run down the king as they would hunt a deer, wifhing for nothing fo much as to be in at the death. The philofophical king Staniflaus felt moft fe- verely this want of a people. In his obferva* tions on the government of Poland, publiihed in the CEuvres du Philofophe hienfaifant^ torn. iii. he laments, in very pathetic terms, the miferies to which they were reduced. " The violences," fays he, " which the pafi- ** cians at Rome exercifed over the people of that city, before they had recourfe to open force, and, by the authority of their tribunes, ba- lanced the power of the nobility, are a ftriking pidure of the cruelty with which we treat our plebeians. This portion of our ftate is more debafed among us than they were among the Romans, where they enjoyed a fpecies of li- berty, even in the times when they were moft' " enflaved to the firft order of the republic. We may fay with truth, that the people are, in Poland, in a ftate of extreme humiliation. We muft, neverthelefs, confider them as the principal fupport of the nation ; and I am per- fuaded, that the little value we fet on them will have very dangerous confeqijences. Who are they, in faft, who procure abundance in the kingdom ? who are they that bear the bur- thens, and pay the taxes ? who are they that '* furnifh men to our armies } who labour our ^' fields ? who gather in the crops .'' who fuftain *' and nourifh us ? who are the caufe of our in- *' activity .? the refuge of our lazinefs .'' the re- " fource for our wants ? the fupport of our lu- *' xury ? and indeed the fource of all our plea- 1^' fu}'es } Is it not that very populace that we "' trta; Poland. 89 ** treat with fo much rigour ? Their pains, ** their fwear, their labours, do not they merit *t any better return than our fcorn and difdain ? We fcarcely diftinguilh them from the brutes, *' which they maintain for the cultivation oi our *' lands ! we frequently have lefs confideration ** for their ftrength, than we have for that of *' thofe animals ! and too frequently we fell them " to matters as cruel as ourfelves, who imme- ** ^lately force them, by an excefs of hard la- *' bour, to repay the price of their new flavery ! " I cannot recoiled without horror that law which *' impofes only a fine of fifteen livres upon a " gentleman who fhall have killed a peafant. ** Poland is the only country where the populace ** are fallen from all the rights of humanity, we " alone regard thefe men as creatures of another " fpecies, and we would almoft refufe them the " fame air which they breathe with us. God, in " the creation of man, gave him liberty what " right have we to deprive him of it ? As it is " natural to fhake ofi^ a yoke that is rough, hard, ** and heavy, may it not happen that this people " may make an effort to wreft themfelves frpm ** our tyranny ? Their murmurs and complaints " muft, fooner or later, lead to this. Hitherto, " accullomed to their fetters, they think not of ** breaking them ; but let one fingle man arife, ** among thefe unfortunate wretches, with a maf- *' culine and daring fpirit, to concert and foment *' a revolt, what barrier (hall we oppofe to the ** torrent ? We have a recent inftance, in the, ** infurredion in the Ukraine, which wgs only *' occalioned by the vexations of thofe among us ** who had there purchafed lands. We defpifed f* the courage of the poor inhabitants of that '' country 90 Monarchical or regal Republics. Poland. *' country they found a refource in defpair, and *' nothing is more terrible than the defpair of *' thofe who have no courage. What is the con- " dition to which we have reduced the people of " our kingdom ? Reduced by mifery to the ilate *' of brutes, they drag out their days in a lazy ** ftupidity, which one would almoft miftake for *' a total want of fentiment : they love bo arr, *' they value themfelves on no induftry -, they " labour no longer than the dread of chaftifement *' forces them ; convinced that they cannct enjoy " the fruit of their ingenuity, they ftifle their ta- " lents, and make no eflays to difcover them. *' Hence that frightful fcarcity in which we find *' ourfelves of the mod common artifansl Should *' we wonder that we are in want of things the *' moft neceffary, when thofe who ought to fur- ** nifh them, cannot hope for the fmalleft profit ** from their cares to furnifh us ! It is only " where liberty is found, that emulation can [' exift." It would be a pleafure to tranflate the whole ; but it is too long. It is a pity that the whole people, whofe mifery he describes and laments, were not as fenfible of the neceflity of a lefs cir- cumfcribed royal authority. I- E T T E R Recapitulation . g t LETTER XXIIL RECAPITULATION. My dear Sir, AS we have taken a curfory view of thofc countries in Europe, where the government may be called, in any realbnable conftruftion of the word, republican -, let us now paufe a few moments, and rcfled upon what we have feen. Among every people, and in every fpecies of republics, we have conftantly found a firji magif- trate, ahead, a chief, under various denominations indeed, and with different degrees of authority, with the title of ftadtholder, burgomafter, avoyer, doge, confalloniero, prefident, fyndick, mayor, alcalde, capitaneo, governor, or king : in every nation, we have met with a dillinguifhed officer : if there is no example in any free government, any more than in thofe which are not free, of a focicty without a principal perfonage, we may fairly conclude, that the body politic cannot fub- fift without one, any more than the animal body without a head. If Mr. Turgot had made any difcovery, which had efcaped the penetration of all the legiflators and philolophers, who had lived before him, he ought at leaft to have communi- cated it to the world for their improvement-, but as he has never hinted at any fuch invention, we may fafely conclude that he had none , and there- fore, that the Americans are not juftly liable to cenlures, for m^iiuun^ ^overmrs^ Jn 92 Recapitulation, In every form of government, we have {ctn 2 fenate, or little council^ a compofition, generally, of fhofe officers of ftate, who have the moft experi- ence and power, and a few other members feleft- cd from the higheft ranks, and moft illuftrious reputations. On thefe leflTer councils, with the firft magiftrate at their head, generally refts the principal burden of adminiftration, a fliare in the Icgillative, as well as executive and judicial au- thority of government. The admiffion of fuch fenates to a participation of thefe three kinds of pov/er, has been generally obferved to produce in the minds of their members an ardent ariftocrati- cal ambition, grafping equally at the prerogatives of the firft magiftrate, and the privileges of the people, and ending in the nobility of a few fami- lies, and a tyrannical oligarchy : but in thofe ftates, where the fenates have been debarred from all executive power, and confined to the legifla- tive, they have been obferved to be firm barriers againft the encroachments of the crown, and often great fupporters of the liberties of the people. The Americans then, who have carefully confined their fenates to the legiflative power, have done wifely in adopting them. We have feen, in every inftance, another and a larger affembly, compoled of the body of the people, in fome little ftates ; of reprefentatives chofen by the people in others ; of members ap- pointed by the fenates, and fuppofed to reprefenc the people, in a third fort; and of perfons ap- pointed by themfelves or the fenate, in certain ariftocracies ; to prevent them from becoming oligarchies. The Americans then, whofe afiem- blies are the moft adequate, proportional, and fouitable reprefcntacions of the people, that are known ' Recapitulation, 93 Tcnown in the world, will not be thought erro- neous in appointing houfes of reprefentacives. In every republic, in the fniallcfl: and moft po- pular, in the larger and more ariftocratical, as well as in the largeft and moft monarchical, we have obferved a multitude of curious and inge- nious inventions to balance, in their turn, all thofe powers, to check the paflions peculiar to them, and to controul them from rufliing into thofe exorbitancies to which they are molt ad- di6led the Americans will then be no longer ccnfured for endeavouring to introduce an equi- librium, which is much more profoundly medi- tated, and much more efFedual for the protedion of the laws, than any we have feen, except in England : we may even queftion whether that is an exception. In every country we have found a variety of orders^ with very great diftinclions. In America, there are different orders of offices^ but none of men ; out of office all men are of the fame fpecies, and of one blood ; there is neither a greater nor a lefler nobility Why then are they acculed of eftablifhing diflerent orders of men ? To our inexprelfible mortification we muft have remark- ed, that the people have preferved a fhare of power, or an exiftence in the government, in no country out of England, except upon the tops of a few inacceffiblc mountains, among rocks and precipices, in territories fo narrow that you may Ipan them with an hand's breadth, where, living unenvied, in extreme poverty, chiefly upon paf- turagc, deftitute of manufadures and commerce, they ftill exhibit the moft charming pidlure of life, and the moft dignified chara(fler of human natufe. Wherever 54 Recapitulation. Wherever we have feen a territory fomewhac larger, arts and fciences more cultivated, com- merce flourifhing, or even agriculture improved to any great degree, an ariftocracy has rifen up in a courfe of time, confifting of a few rich and, honourable families, who have united with each other againft both the people and the firft ma- giftrate ; wrefted from the former, by art and by force, all their participation in the government, and even infpired them with fo mean an efteem of themfelves, and fo deep a veneration and ftrong attachment to their rulers, as to believe and con- fefs them a fuperior order of beings. We have feen thele noble families, although neceflitated to have a head, extremely jealous of his influence, anxious to reduce his power, and conftrain him to as near a level with themfelves as poffible , always endeavouring to efiablifh a rotation by which they may all equally in turn be entitled to the pre-eminence, and equally an- xious to preferve to themfelves as large a fliare of power as polTible in the executive and ju- dicial, as well as the legiilative departments of the ftate. Thefe patrician families have alfo appeared in every inftance to be equally jealous of each other, and to have contrived, by blending lot and choice, by mixing various bodies in the elec- tions to the fame offices, and even by the horrors of an inquifition, to guard againft the fm that fo eafily befets them, of being wholly influenced and governed by a junto or oligarchy of a few among themfelves. We have feen no one government, in which is a diftin(51: feparation of the legiflative from the executive power, and of the judicial from both, or Recapitulation, 95 or in which any attempt has been made to ba- lance thefe powers with one another, or to form an equilibrium between the one, the few, and the many, for the purpofe of enabling and exe- cuting equal laws, by common confent, for the general intereft, excepting in England. Shall we conclude, from thefe melancholy ob- fervations, that human nature is incapable of li- berty, that no honeft equality can be preferved in fociety, and that fuch forcible caufes are al- ways at work as muft reduce all men to a fub- miilion to defpotifm, monarchy, oligarchy, orarif- tocracy ? By no means. We have feen one of the firft nations in Europe, poflefled of ample and fertile territories at home, and extenfive dominions abroad, of a commerce with the whole world, immenfe v/ealth, and the greateft naval power which ever belonged to any nation, who have ftill preferved the power of the people, by the equilibrium we are contending for, by the trial by jury, and by conftantly refuGng a Handing army. The people of England alone, by pre- ferving their mare in the legiflature, at the ex- pence of the blood of heroes and patriots, have enabled their kings to curb the nobility, without giving him a (landing army. After all, let us. compare every conflitution we have feen, with thofe of the United States of America, and we fhall have no reafon to blulli for our country ; on the contrary, we fliall feel the ftrongell motives to fall upon our knees, in gratitude to heaven for having been gracioufly pleafed to give us birth and education in that country, and for having deftined us to live under her laws ! We fhall have reafon to exult, if we make g5 Recapitulation. make our comparifon with England and he Eng- lifli conftitution. Our people are undoubtedly fo- vereign all the landed and other property is ir the hands of the citizens not only their repre- fcntatives, but their fenators and governors, arc annually chofen there are no hereditary titles, honours, offices, or diftindtions the legiQative,, executive, and judicial powers are carefully fepa- ratcd from each other the powers of the one, the few, and the many, are nicely balanced in their legiflatures trials by jury are preferved ii> all their glory, and there is no (landing army the habeas corpus is in full force the prefs is the moft free in the world and where all thcfe cir- cumftances take place, it is unneceflary to add that the laws alone can govern. LETTER Dr. Swift 97 LETTER XXIV. ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS. DR. S V/ I F T. My dear Sir, THE authority of legiflators and philofo- phers, in fupport of the fyftem we contend for, is not difficult to find. The greatefb lights of humanity, ancient and modern, have approved it, which renders it difficult to explain how it comes, in this enlightened age, to be called in queftion, as it certainly has been, by others as well as Mr. Turgor. I ffiall begin with one, who, though feldom quoted as a legiflator, ap- pears to have confidered this fubjedt, and fur- niOied arguments enough, for ever to determine the queilion. Dr. Swift, in his Contefts and DiiTcnfions between the Nobles and Commons of Athens and Rome, obfervt's, that the belt legii- lators of all ages agree in this, that the abfolutc power, which originally is in the whole body, is a truil too great to be committed to any one man or allcmbly , and therefore, in their feveral infti- tutions of government, power in the lad refort, was always placed by them in balance, among the one, the few, and the many ; and it will be an eternal rule in politics, among every free people, that there is a balance of power to be held by every Hate within itlelf. A mixed governmenr, vartaking of the known forms received in the H fchools g% Ancierit Republics, 6fr. fchools, is by no means of Gothic invention, bur hath place in nature and reafon, and feems very well to agree with the fentiments of moft legifla- tors : for, not ro n^ention the feveral republics of this compofuion in Gaul and Germany, de- fcribed by Csfar and Tacitus, Polybius tells us, the belt government is that which confifls of three forms, regno^ optimatium, et populi imperio. Such was that of Sparta in its primitive intlitution by Lycurgus, who, obferving the depravations to which every one of thele was fubjeft, com- pounded his fcheme out of all ; fo that it was made up of r^^^^j-, fenicres, et pcpulns. Such alio was the itate of Rome, under its coni'uls ; and fuch, at Carthage, was the pov/cr in the lall re- fort : they had their kings, fenate, and people. A limited and divided power feems to have been the moft ancient and inherent principle, both of the Greeks and Italians, in matters of govern- ment. The dilTerence between the Grecian mo- narchies and Italian republics was not very great. The power of thofe Grecian princes, who came to the fie^e of Troy, was much of a fize with that of the kings of Sparta, the archon of Athens, the fuffctes at Carthage, and the confuls at Rome, Thefeus ellablilhed at Athens rather a mixed mo- narchy than a popular ftate, afflgmng to himfelf the guardiandiip of the laws, and the chief com- mand in war. This inditution continued during the feries of kings to the death of Codrus, from whom Solon was defcended, who, finding the people engaged in two violent factions, of the poor and the rich, and in great confufion, refu- fing the monarchy which was offered him, chofe rather to caft the government after another mo- del, wherein he made due proviiion for fettling ibe balance of fowcvy choofing a fenate of four hundred. Dr. Szvift, 99 liundred, and difpofing the magiftracies and of- fices according to men's eftates, leaving to the multitude their votes in electing, and the power of judging certain procelTes by appeal. This council of four hundred was chofen, one hundred out of each tribe, and feems to have been a body reprefcntative of the people, though the people collective referved a fhare of power to them- felves. In all free ftates, the evil to be avoided is ty- ranny ; that is to fay, x.\\ftfumma imperii^ or unlimit- ed power, folely in the hands of the one, the few, or the many. Though we cannot prolong ihe period of a commonwealth beyond the decree of heaven, or the date of its nature, any more than human life beyond the ftrength of the feminal virtue; yet we may manage a fickly conltitution, and preferve a (trong one , we may watch, and prevent accidents , v/e may turn off a great blow from without, and purge away an ill humour that is lurking within ; and render a ftate long lived, though not immortal. Some phyficians have thought, that if it were pracflicable to keep the feveral humours of the body in an exa6t ba- lance of each with its oppofite, it might be im- mortal ; and fo perhaps would a political body, if the balance of power could be always held ex- actly even. All independent bodies of men feem naturally to divide into the three powers, of the one, the few, and the many. A free people met toge- ther, as loon as they fall into any afts of civil fociety, do of themfelves divide into three ranks. The firft is, that of fome one eminent fpirit, who, having hgnalized his valour and fortune in de- fence of his country, or by the practice of po- pular arts at home, comes to have great influence jrl 2 on lOo Jncient Republics, ^c. on the people-, to grow their leader in warlike expeditions ; and to prefide, after a fort, in their civil affemblies. The fecond is, of fuch men as have acquired large poflcfTions, and confequently dependencies, or defccnd from anceflors who have left them great inheritances, together with aa hereditary authority j thefe, eafily uniting in opi- nions, and ading in concert, begin to enter upon meafures for fecuring their properties, which are bed upheld by preparing againll invafions from abroad, and maintaining peace at home: this commences a great council, or fenate, for the v;eiglity affairs of the nation. The laft divifioii is, of the mafs of the people, whofe part of power is great and indifpurable, whenever they can unite, either collectively or by deputation, to exert it. The true meaning of a balance of power is beft conceived by confideringwhat the nature ofa balance is. It fuppofes three things: firft, the part which is held, together with the hand that holds it; and then the two fcales, with whatever is weighed therein. In a ftate within itfelf, the balance muft be held by a third hand, who is to deal the remaining power, with the utmoft exaftnefs into the feveral fcales. The balance may be held by the weakeft, who by his addrefs, removing from eicher fcale, and adding his own, may keep the fcales duly poifed : when the balance is broken by mighty weights falling into either fcale, the power will never continue long, in equal divifion, between the two remaining parties ; but, till the balance is fixed anew, will run entirely into one. This is made to appear by the examples of the Decemviri in Rome, the Ephori in Sparta, the four hundred in Athens, the thirty in Athens, and the Domi- natio Plebis in Carthage and Argos. In Br. Swift. loi In Rome, from the time of Romulus to Julius Ca^far, the commons were growing by degrees into power, gaining ground upon the patricians, inch by inch, until at Jaft they quite overturned the balance, leaving all doors open to popular and ambitious men, who deftroyed the wifeft republic, and enflaved the nobleft people, that ever entered on the ftage of the world. Polybius tells us, that in the fecond punic war, the Carthaginians were declining, becaufe the balance was got too much on the fide of the people , whereas the Romans were in their greateft vigour, by the power re- maining in the fenate. 1 he ambition of private men did by no means begin, or occafion the war, between Pompey ard Casfar, though civil diflen- tions never fail to introduce and fpirit the ambi- tion of private men ; for while the balance of power is equally held, the ambition of private men, whether orators or commanders, gives neither danger nor fear, nor can poflibly enflave their country , but that once broken, the divided par- ties are forced to unite each to its head, under whofe conduct or fortune one fide is at firft vic- torious, and at lad both are flaves. And to put it pall difpute, that the entire lubverfion of Roman liberty was altogether owing to thofe meafures, which had broke the balance between the patri- cians and plebeians, whereof the ambition of pri- vate men was but the effei^l and confequence ; we need only confider, that when the uncorrupted part of the lenate, by the death of Cselar, had made one great etfort to reftore their liberty, the uccefs did notanfwer their hopes ; but that whole afiembly was fo funk in its authority, that thefe patriots were obliged to fly, and give way to the Riadncfs of the people, who by their own difpofK H 3 tions 102 Ancient Republics^ ^c, tions, flirred up by the harangues of their ora- tors, were now wholly bent upon fingle and de- fpotic (laveryj elfe how cculd fuch a profligate as Anthony, or a boy of eighteen like Odlavius, ever dare to dream of giving law to fuch an em- pire and fuch a people? Wherein the latter fuc- ceeded, and entailed the vilefl: tyranny, that Heaven in its anger, ever inflicted on a corrupt and poifoned people. It is an error to think it an uncontroulable jnaxim, that power is always fafer lodged in many hands than in one : for if thefe many hands be made up from one of thofe three divifions, it is plam, from the examples produced, and eafy to be paralleled in other ages and countries, that they are as capable of enflaving the nation, and of acting all manner of tyranny and opprefiion, as it is poffible for a fingle perlon to be, though v/e fhould fuppofe their nun^,ber not only to be four or five hundred, but three thoufaiid. In order to preferve a balance in a mix'-d fiiate, the limits of power depofitcd with each party, ought to be afcertained and gc-nerally known: the defe(5t of this is the cauie of thole ilrugglcs in a flate, about prerogative and liberty , about encroachments of the few upon the rig'. is of the many, and of the many upon the privileges of the few \ which ever did, and ever will, conclude in a tyranny; firfl: either ot the few or the many, but at lafl, infallibly, of a Jjngk perfrm : for whichever of the three divifions in a itate is upon the Icramble for more power than its own, as one of the three generally is (unlefs due care be taken by the other tv/o) ; upon every new queftion that ariles, they will be fure to decide in favour of thcmfelves-, they will make large demands, and fcanry concelTionSj ever rom^ i in.f? Dr. Swift. 103 ing off confiderable gainers-, thus at length the balance is broke, and tyranny let in, from which door of the three it matters not. The dcfires of men, arc not only exorbitant, but endlels: they grafp at all; and can form no fchemc of perfect happinefs with Icfs. Ever fince men have been formed into governments, the en- deavours after univerfal monarchy have been bandied among them: the Athenians, the Spar- tans, the Thebans, and the Achaians, feveral times aimed at the univerfal dominion of Greece : the commonwealths of Carthage and Rome affedt- ed the univerfal empire of the world : in like manner has ablolute power been purfued, by the feveral powers in each particular ftate, wherein fingle perfons have met with moil fuccefs, though the endeavours of the few and the many have been frequent enough ; yet being neither lb uni- form in their defigns, nor fo dired: in their views, they neither could manage nor maintain the power they had got, but v/ere deceived by the popular ambition of fome fingle perfon : lo that it will be always a wrong Hep in policy, for the nobles or commons to carry their endeavours after power fo far as to overthrow the balance. With all relpefl for popular aflembl^es be it fpoken, it is hard to recoiled one folly, infirmity, or vice, to which a fingle man is fubjedt, and from which a body of commons, either coUedive or reprefented, can be wholly exempt ; from whence it comes to pafs, that in their refults, have fometimes been found the fame fpirit of cruelty and revenge, of malice and pride ; the fame blind- nefs, and obftinacy, and unfteadinefs -, the fame ungovernable rage and anger; the fame injuftice, fophiftry, and fraud, that ever lodged in the bread of any individual. When a child grows eafy by H 4 being 104 Antient Rspuhlics, ^c. being humoured, and a lover fatisfied by fmall compliances without further purfuits, then expe6t popular aflemblies to be content with fmall con- ceflions. \i there could one fmgle example be brought from the whole compals of hiitory, of any one popular affembly who, after beginning to contend for power, ever fat down quietly with a certain fhare-, or of one that ever knew, or pro- pofed, or declared, what fhare of pow.r was their due, then might there be fom.e hopes, that it was a matter to be adjufted by reafonings, confe- rences, or debates. An ufurping populace is its own dupe, a mere under-worker, and a purchafer jn truft tor fome fingle tyrant, whofe Hate and power they advance to their ov>/n ruin, with as blind an inftinft, as thofe worms that die with weaving magnificent habits for beings of a fupe- rior order. The people are more dextrous at pulling down and letting up, than at preferving what is fixed \ and they are not fonder of feizing more than their own, than they are of delivering it up again to the worft bidder, with their own into the bargain. Their earthly devotion is fel- dom paid to above one at a time, of their own creation, whofe oar they pull with lefs murmuring and more fkill, than when they fliare the leading, or even hold the helm. You will perceive by the ftyle, that it is Dr. Swift that has been ipeaking; otherwife yoq plight have been deceived, and imagined tl^at 1 was entertaining you with further reflections upon the Ihort account prcvioiifly given you in thefc letters, of the modern republics. I'here is not an obfervation here that is not juftified by the hiftory of every government we have confider- cd. How much more maturely had this writer weighed the fubjed, than Mr. Turgot Perhaps thcrG Br. Franklin, 105 tbere Is not to be found, in any library, fo many- accurate ideas of government exprefled with fo much perfpicuity, brevity, and precifion. LETTER XXV, DR. FRANKLIN. My dear Sir, AS it is impoffible to fuppofe that Mr. Turgot intended to recommend to the Americans a fimple monarchy or ariftocracy, we have admit- ted, as a fuppofition the moft favourable to him, that, by collecting all authority into one center, he meant a fingle allembly of reprefentatives of the people, without a governor, and without a fenate ; and although he has not explained, whe- ther he would have the aflembly chofen for life, or years, we will again admit, as the moft benign conftruftion, that he meant the reprefentatives fhould be annually chofen. Here we fhall be obliged to confider the reputed opinion of another philofopher, I mean Dr. Frank- lin : I lay reputed, becaufe I am not able to af- firm that it is really his : it is, however, fo gene- rally underftood and reported, both in Europe and America, that his judgment was in oppofi- tion to two alTemblies, and in favour of a fingle one, that in a dilquifition like this it ought not to be omitted. To be candid with you, a little be- fore the date of Mr. Turgot's letter. Dr. Franklin jiad arrived in Paris with the American conftitu- pqns, and among the reft that of Penfylvania, in which io6 Ancient Republics^ i^c. which there was but one aflembly : it was report- ed too, that the dodtor had prefided in tiie con- vention when it was made, and there approved it. Mr. Turgot, reading over the conftitutions, and admiring that of Peniylvania, was led ro cenfure the reft, which were fo different from it. 1 know of no other evidence, that the doctor ever gave his voice for a fingle aiTembly, but the com- mon anecdote which is known to every body. Ic is faid, that in 1776, in the convention of Pen- fylvania, of which the dodor was prefidenr, a projed of a form of government by one affenibly, was before them in debate : a motion was made to add another affembly under the name of a fenate or council ; this motion was argued by feveral members, fome for the affirmative, and fome for the negative; and before the queftion was put the opinion of the prefident was requefted : the prefident rofe, and faid, that " Two afTembhes *' appeared to him, like a pra6lice he had fome- *' where feen, of certain waggoners who, when *' about to defcend a fteep hill, wirh a heavy load, ** if they had four cattle, took off one pair from ** before, and chaining them to the hinder part '* of the waggon drove them up hill ; while the " pair before, and the weight of the load, over- " balancing the ftrength of thofe behind, drew " them flowly and moderately down the hill." The prefident of Peniylvania might, upon fuch an occafion, have recoUeded one of Sir Ifaac Newton's laws of motion, viz. " that re-action *' muft always be equal and contrary to aftion," or there can never be any reft. He might have alluded to thofe angry affemblies in the Heavens, which fo often overipread the city of Philadelphia, till the citizens with apprehenfion and terror, threatening to fee the world on fire, merely be- cauf;,' Dr. Franklin, 1 07 caufe the powers within them are not fufficiently balanced. He might have recollcded, that a pointed rod, a machine as fmiple as a waggoner, or a monarch, or a governor, would be fufficient at any time, filcntly and innocently, to difarm thofe aflcmblies of all their terrors, by reftoring between-them the balance of the powerful fiuid, and thus prevent the danger and deftruftion to the properties and lives of men, which often hap. pen for the want of it. However, allufions and illuftrations drawni from paftural and rural life are never difagreeable, and in this cafe might be as appofite as if they had been taken from the fciences and the fkics. Plarrington, if he had been prefenc in convention, would have exclaimed, as he did when he men- tioned his two girls dividing and choofing a cake, "Oh! the depth of rhewifdom ofGod, which in the fimple invention of a carter, has revealed to man- kind the whole myftery of a commonwealth ; which confifls as much in dividing and equalizing forces ; in controuling the weight of the load and the axcitc univerfal indignation ; the vaineft of all muft be of the people, or be nothing. While every office is equally open to every competitor, and the people muft decide upon every pretenfion to a place in the legiflature, that of governor and fe- nator, as well as reprefentative, no fuch airs will ever be endured. It muft be acknowledged ftill, that fome men muft take more pains to deferve and acquire an office than others, and muft behave better in it, or they will not hold it. We cannot prefume that a man is good or bad, merely becaufe his father was one or the other -, and fhould always inform ourfelves firft, whether the virtues and talents are inherited, before we yield our confidence. Wife men beget fools, and honeft men knaves ; but thefe inftances, al- though they may be frequent, are not general. If there is often a likenel's in feature and figure^ there is generally more in mind and heart, becaufe education contributes to the formation of thefe as well Dr, Franklin, 115 well as nature. The influente of example is very great, and almoft univerfal, efpecially of parents over their children. Jn all countries it has been obferved, that Vices, as well as virtues, run down in families, very often, from age to age. Any man may run over in his thoughts the circle of his acquaintance, and he will probably recolletfl in- ftances of a difpofition to mifchief, malice, and revenge, defcending, in certain breeds, from grand- father to father and fon. A young woman was lately convifted at Paris of a trifling theft, barely within the law, which decreed a capital punifh- ment. There were circumftances, too, which greatly alleviated her fault ; fome things in her behaviour that feemed innocent and modeft : every fpeflator, as well as the judges, was affedted at the fcenc, and fhe was advifed to petition for a pardon, as there was no doubt it would be grant- ed. ** No," fays fhe, *' my grandfather, father, and brother, were all hanged for ftealing , ic runs in the blood of our family to fleal, and be hanged ; if I am pardoned now, I fhall fteal again in a few months more inexcufeably : and thereforel will be hanged now."- An hereditary pafTion for the halter is a ftrong inftance, to be fure, and cannot be very common : but fome- thing like it too often defcends, in certain breeds, from generation to generation. If vice and infamy are thus rendered lefs odi- ous, by being familiar in a family, by the ex- ample of parents, and by education, it would b^ as unhappy as unaccountable, if virtue and ho- nour were not recommended and rendered more amiable to children by the fame means. There are, and always have been, in every ftate, numbers poffefled of fome degree of family pride, who have been invariably encouraged, if not flat- I 2 tcred 1 1 6 Ancient Republics, ^c. tered in it, by the people. Thefe have moft ac- quaintance, efteem, and friendfhip, with each other, and mutually aid each other's fchemes of intereft, convenience, and ambition. Fortune, it is true, has more influence than birch ; a rich man of an ordinary family, and common decorum of condud, may have, greater weight than any family merit commonly confers without it. 3. It will be readily admitted, there are great ine- qualities of merit, or talents, virtues, fervices, and, what is of more moment, very often of repu- tation- Some, in a long courfe of fcrvice in an army, have devoted their time, health, and for- tunes, fignalized their courage and addrefs, ex- pofed themfelves to hardfhips and dangers, loft their limbs, and fhed their blood, for the people. Others have difplayed their wifdom, learning, and eloquence in council, and in various other ways acquired the confidence and affedtion of their fel- low citizens, to fuch a degree, that the public have fettled into a kind of habit of following their example and taking their advice. 4. There are a few, in whom all thefe advantages of birth, for- tune, and fame are united. Thefe fources of inequality, which are com- mon to every people, and can never be altered by any, becaufe they are founded in the conftitution of naturej this natural ariftocracy among mankind, has been dilated on, becaufe it is a fad eflential to be confidered in the inftitution of a govern- ment. Jt is a body of men which contains the greateft colledion of virtues and abilities in a free government ; is the brighteft ornament and glory of the nation; and may always be made the greateft blefling of fociety, if it be judicioufly managed in the conftitution. But if ic is not, it is always the moft dangerous j nay, it may be added, Dr. Franklin, 117 added, it never fails to be the deftruftion of the commonwealth. What fhall be done to guard againft it? Shall they be all mafTacred ? This expe- riment has been more than once attempted, and once at lead tried. Guy Faux attempted it in Eng- land; and a king of Denmark, aided by a popular party, effe which the voice of a prince is not. The government of laws, faid Ariftotle, is the go- vernment of God. In a monarchy, the laws, be- ing made according to the intereft of one man, or a few men, muft needs be more private and par- tial than fuits with the nature of juftice -, but in a commonwealth, the laws, being made by the whole people, muft come up to the public inte- reft, which is common right and juftice and if a man know not what is his own intereft, who fhould know it ? and that which is the intereft of the moft or greateft number of particular men, being fummed up in the common vote, is the public intereft. Sidney fays, " Liberty confifts folely in an ** independency on the will of another ; and, by *' a flave, we underftand a man who can neither *' difpofe of his perfon or goods, but enjoys all " at the will of his mafter." And again, " As " liberty confifts only in being fubjed: to no ** man's will, and nothing denotes a flave but a ** dependence upon the will of another; if there " be no other law in a kingdom but the will of a '* prince, there is no fuch thing as liberty.'* Mr. Turgot might have perceived in thefe wri- ters, that a government of laws and not of men, was intended by them as a defcription of a com- monwealth, not a definition of liberty. There may be various degrees of liberty eftablifhed by the laws, and enjoyed by the citizens, in diffe- rent commonwealchs ; but ftill the general will, as well as the general intereft', as far as it is un- derftood by the people, prevails in all that can be 1^8 Ancient RepuMics, i^cl be denominated free : as the fociety governs it- felf, it is free, according to the definition of Dr. Price. The enquiry of thefe writers, in fuch paf- fages, was not into the higheft point of liberty, or greateft degree of it, which might be efta- blifhed by the general will, and the common fenfe of intereft, in their refults or laws. They have taken it for granted, that human nature is To fond of liberty, that, if the whole fociety were confulted, a majority would never be found to put chains upon themfelves, by their own aft and voluntary confent. But all men, as well as republican writers, muft agree, that there can be no uninterrupted enjoyment of liberty, nor any good government, in fociety, without laws, or where (landing laws do not govern. In defpotic flates, in fimple mo- narchies, in ariftocracies, in democracies, in all poffible mixtures of thefe, the individual enjoys continually the benefit of law, as he does thofc of light and air, although, in moft of thofe go- vernments, he has no fecurity for the continuance of it. If the laws were all repealed at once, in any great kingdom, and the event made knowa fuddenly to all, there would fcarcely a houfe re- main in pofTefilon of its prefent inhabitant, in the great cities. The great queflion therefore is, What combi- nation of powers in fociety, or what form of go- vernment, will compel the formation of good and equal laws, an impartial execution, and faithful interpretation of them, fo that the citizens may conftantly enjoy the benefit of them, and be furc of their continuance. The controverfy between Mr.Turgot and me is-^v/hether a fingle aiTembly of reprefentatives be this form. He maintains the affirmative. I am for the negative : becaufc fuch Br. Price', 129 fuch an aftembly will, upon the firfl day of its exiftence, be an ariftocracy; in a few days, or years at leaft, an oligarchy , and then it will loon divide into two or three parties, who will foon have as many armies ; and, when the battle is decided, the vi6lorious general will govern with- out or with the advice of any council or afiembly, as he pleafes : or, if the aiTembly continues uni- ted, they will in time exclude the people from all fnare even in elections, and make the government: hereditary in a few families. In order to be fully convinced of this, we mult take an extenfive view of the fubject; and the firft enquiry fhould be, what kind of beings men arc ? You and I ad- mire the fable of Triftram Shandy more than the fable of the Bees, and agree with Butler rather than Hobbes. It is weaknefs rather than wick- ednefs v/hich renders men unfit to be trulled with unlimited pov;er. The pafilons are all unlimit- ed i nature has left them fo : if they could be bounded, they would be extinft-, and there is no doubt they are of indifpenfable importance in the prefent fyftem. They certainly incrcafe too, by exercife, like the body. The love of gold grows fader than the heap of acquifition : the love of praife increales by every gratification, till it (lings like an adder, and bites like a P^rpent , till the man is miferable every mo- ment when he docs not fnuff the incenfe : am- bition itrengthens at every advance, and at lad takes poffefTion of the whole foul fo abfolutely, that ttie man fees nothing in the world of im- portance to others, or himfelf, but in his object. The fubtilty of thcfe three pafTions, which have been fcleited from all the others becaufe they arc ariliocratical pafiions, in fubduing all other;., K and 13d Ancient Republics^ ^c and even the underftanding Itfelf, if not the cofi- fcience too, until they become abfolute and im- perious mailers of the whole mind, is a curious fpeculation. The cunning with which they hide themfelves from others, and from the man him- felf too % the patience with which they wait for opportunities ; the torments they voluntarily fuf~ fer for a time, to fecure a full enjoyment at length ; the inventions, the difcoveries, the con- trivances they fugged to the underftanding, fome- times in the dullell dunces in the world, if they could be defcribed in writing, would pafs for great genius. We are not enough acquainted with the phy- fical or metaphyfical efixds they may have on our bodies or minds, to be able to explain the particular reafon v;hy every inftance of indulgence ilrcngthens and confirms the fubfequent emo- tions of defire. The caufe has been hitherto too deep, remote, and fubtle, for the fearch of cor- poreal or intelleclual microfcopes ; but the faft: is too decided to deceive or efcape our obfer- vation. Men fliould endeavour at a balance of affedions and appetites, under the monarchy of reafon and confcience, within, as well as at a ba- lance of power without. If they furrender the guidance, tor any courfe cf time, to any one paf- fion, they may depend upon finding it, in the end,- an ufurping, domineering, cruel tyrant. They were intended by nature to live together in focie- ty, and in this way to reiirain one anochtr, and in general are very good kind of creatures ; buc they know each other's imbecility lo v/ell, thas they ought never to lead one another into temp- tation. The pafijon that is lonf-*- induh^ed, and continually gratified, becomes mad ; it is a Ipe- cies IE Dr. Price, 131 cies of delirium ; it fliould not be called guile, but infanity : but who would truft his life, liber- ty, and property, to a madman, or an aflembly of them ? it would be fafer to confide in knaves. Five hundred or five thoufand together, in an af- fembly, are not lefs liable to this extravagance than one. The nation that commits its affairs to a fingle alTembly, will aifurcdly find that its paf- fions and defires augment as fall as thofeof aking; and therefore fuch a conftitution mufl be circn- tially defedlive. Others have feen this quality in human nature through a more gloomy medium. Machiavel fays, thofe who have written on ci- vil government lay it dov/n as a firft principle, and all hiftorians dcmonftrate the fame, that who- ever would found a ftate, and make proper laws for the government of it, mud prefume that all men are bad by nature; and that they will not fail to fliew that natural depravity of heart, whenever they have a fair opportunity ; and, though poiTibly it may lie concealed for a while, oh account of iome fccret reafon, which does not then appear to men of fmall experience, yet time, which is therefore juftly called the father of truth, commonly brings it to light in the end. Ma- chiavcl's tranQator remarks, t'lat akhouirh this feems a harili luppofition, does not every Chrif- tian daily jullify the truth of it, by confeffiiig ic before God and the world ^ and are we not ex- prefsly told the lame in ievtral paff.igrs of the holy Icriptures, and in all fy items of human plii- lolophy ? Montciquieu fiys, " Conllant experience fl:ews us, t;:.;r every man invelled with power is ape to .ibule JL: he puilies o;!, liii he crimes 10 *' fonieiliing that limits iiim. Is it r.oc ilraniie, K 2 ' fhfM!^^'l i^i AncUnt Republics, l^c. t jhough trne, to fay, that virtue itfelf has need of imits ? To prevent the abufe of power, it is necef- fary, that, by the very difpofition of things, power fhould be a check to power. A government may be fo conltituted, as no man fliail be compelled to do things to which the law dees not oblige him, nor forced to abltain from things which the law permits. Swift, So cndlefs and exorbitant are the defires of men, that they will grafp at all, and can form no fcheme of perfe6l happinefs with lefs. It is hard to recoiled one folly, infirmity, or vice, to which a fmgle man is fubjeded, and from which a body of commons, cclledive or reprefentative (and he might have added a body ot nobles) can be \?holly ex mpt. Junius. Laws are intended, not to truft to what men will do, but to guard againil what they may do, Beccaria. Ogni r.cmoft fa centra di iutie k ccmhina- Jiioni del gloho. Rochetaucault. The ambitious deceive them- felves, when they propole an end to their ambition j for that end, when attained, becomes a means. JDe Lolme. Experience evinces, that the happieft difpofitions are not proof againft the allurements of power^ which has no charms but as it leads on to new advances* Autliority endures not the very idea of reftraint , nor does it ceafe to ftruggle, till it has beaten down every boundary. Hobbes, Mandeville, Rcchefaucnuit, havedravv-n iVill more deteilable pidures; and RoufTtrau, in his Jnequaiities among Mankind, gives a defcripdon of a civilized heart, too black and horrible to be tran- Icribed. Even our amiable friends, tliofe benevolent Chriftian philolbphers, Br. Price and Dr. Priciiiey, cc Dr. Price. 135 acquaint us, that they are conflrained to believe human nature no better than it fhould be. The latter fays, there is no power on earth but has grown exorbitant, when it has met with nocontroul. The former. " Such are the principles that govern " human nature-, fuch the weaknefs and folly of " men; fuch their love of domination, felfifhnefs,and depravity, that none of them can be raifed to an elevation above others, without the utmofb dan- ger. The conflant experience of the world has verified this, and proved that nothing intoxicates *' the human mind fo much as power. In the eftablifhnient, therefore, of civil government, it would be prepofterous to rely on the difcretion of any men. A people will never opprefs them- felves, or invade their own rights \ but if they truft the arbitrary will of a body or fucceffion of men, they truil enemies." Shall we fay that all thefe philofophers were ig- norant of human nature? With all my foul, I wifli it were in my power to quote any palfugcs in hiftory or philofophy, which might demonllrate ail thefe iacircs on our fpecies to be falfe. But the phenomena are all *n their favour; and the only quetiion to be raifed with them is, whetlicr the caufe is wickednefs, weak- nefs, or infanity.'' In all events, we mull agree, that human nature is not lit to be trufted with Mr. Turgot's fyflem, of all authority in a fingle aflembly. A fingle aflembly will never be a fleady guardian of the laws, it Machiavel is right, vvlien he fays, Men are never good but through neccffity : on " the contrary, when good and evil are left to their " choice, they will not fail to throw every tiling " intodiforder and confufion. Hunger and poverry '* mav make men indudrious, but laws on!v can K 3 " m.-.ktf 134 Ancient Republics^ ^c. *' make them good -, for, if men were fo of them- *',felves, there would be no occafion for laws; but, *' as the cafe is far othervvife, they are abfolutely *' necefiary. After the Tarquins were dead, v/ho " had been fuch a check upon the nobility, fome ** other expedient was wanting to have the fame " effeft ; fo that, after much confufion and difor- *' der, and many dangerous contefts between the *' patricians and plebeians, certain officers, called *' tribunes, were created for the fecurity of the lat- *' ter-, who, being vefted w^ith fuch privileges and *' authority as enabled them to become arbiters *' betwixt thofe two eftates, effeflually curbed the *' infolence of the former:" or, in the language of Dr. Franklin, the people infilled upon hitching a yoke of cattle behind the wagi^on, to draw up hill, when the patricians before fnould attempt to go too faft : or, in the ftile of Harrington, the commons, finding the patricians difpofed to divide the cake unequally, demanded the privilege of choofmg. If Harrington's authority is not of great weight with fome men, the reafons he affigns in fupport of his judgment are often eternal, and unanfwerable by any man. In his Oceana he fays, " Be the in- '* terefl of popular government right reafon, a " man does not look upon realbn as it is right or " wrong in itfelf, but as it makes for him> or " againfc him : wherefore, unlefs you can fhew fuch orders of a government, as, like thofe of God in " nature,, fhail be able to conftrain this cr that *' creature to lliake off that inclination which is more peculiar to it, and take up that which re- gards the common good or intereft ; all this is to no more end, than to perfuade every man, in a popular government, nor to carve for himfelf " of that which he likes bell or defires mod", but ** to Dr. Price. l^^^ to be mannerly at the public table, and give the beft from himfeif to decency and iht common in- tereft. But that fuch orders may be eftablifhed, as may, nay mufl:,give the upper hand in all cafes to common right and intereft, notwithftanding the nearnefs that flicks to every man in private, and this in a v/ay of equal certainty and facility, is known even to girls-, being no other than thofe which are of common practice with them in diverfe cafes. For example: Two of them have a cake, yet undivided, which was given between them. That .each of them, therefore, might have that which is due, *' Divide," fays one, *' and I will choofe-, or let me divide, and you fiiall choofe." If this be but once agreed ** upon, it is enough , for the one dividing un- *' equally, lofes, in regard that the ether takes the " better half-, wherefore flie divides equally, and " fo both have right. And thus, what great philo- *' fophers are difputing upon in vain, is brought " to light by two harmlefs girls -, even the whole " myftery of a commonwealth, which lies only ia *' dividin'jf and choofino;." Nov/, if all auiiionty is to be collefled into one central afiembly, it will have the whole power of divifion and choice ; and we may eafily conjefture what divifion and choice it will be. It will foon have pofiefiion of all the cakes, loaves, and iidies. Harrington proceeds: "" Nor has God, if his ** works m nature be underllood, left fo much to ^* mankind to difpute upon, as who fhall divide *' and who cltoole, but ciiftributed them for ever *' into tw;) orders ; whereof the one has the natural *' right of dividing, and the other of choofing. *' For example: A commonwealth is but a civil ** focicty of men : let us take any numbpr of men, K 4 * as (C 136 Ancient Republics, ^c. " as twenty, and immediately make a common- wealth. Twenty men, if they be not all ideots, perhaps if they be, can never come fo together, but there will be fuch a difference in them, that " about a third will be wifer, or at leaft lefs foolifh, than all the reft. Thefe, upon acquaintance, though it be but fmall, will be difcovered, and " (as flags that have the largeft heads) lead the herd: for while the fix, difcourfing and arguing one with another, fhew the eminence of their ** parts, the fourteen difcover things that they " never thought on, or are cleared in diverie truths that formerly perplexed them : wherefore, in mat- *' tersof commonconcernment, difficulty,ordanger, they hang upon their lips, as children upon their " fathers , and the influence thus acquired by the *' fix, the eminence of whofe parts are found to be *' a ftay and comfort to the fourteen, is the autho- " riry of the fathers auEloritas -patriim. Where- *' fore this can be no other than a natural arijlo- *' <:r^n', diffufed by God throughout the whole body *' of mankind, to this end and purpofe-, and there- *' fore fuch as the people have not only a natural, *' but a pofitive obligation to make ufe of as their *' guides; as where the people of Ifrael are com- *' manded to take wife men, and underftanding, and *' known among their tribes, to be made rulers over ** them. The fix then approved of, as in the pre- " fent cafe, are the fenate-, not by hereditary right, *' or in regard to the greatnefs of their eftates " only, which would tend to fuch powei as would " torce or draw the people; but by election for " their excellent parts, which tends to the advance- '* ment oi the influence of iheir virtue or authority; " that leads the people. Wherefore the office of " the fenate is not to be ccmnanders, but coun- \' fellors Dr. Price. i^y *' fellors of the people ; and that which is proper " for counfellors is firft to debate, and after- " wards to give advice in the bufinefs whereon *' they have debated i whence the decrees of the " fenate are never laws, nor fo called fenatus con- *' fulta i and thefe, being maturely framed, it is ** their duty to propofe to the people: wherefore *' the fenate is no more than the debate of the com- " monwealth. But to debate is to difcern, or put " a difference between things, that, being alike, " are not the fame-, or it is feparating and vveigh- " ing this reafon againft that, and that reafon " againft this ; which is dividing. " The fenate then having divided, who fhall " choofe ? Afk the girls-, for if flie that divided *' mud have chofen alfo, it had been little v/orfe *' for the other, in cafe llie had not divided at '* all, but kept the whole cake to herfelf ; in re- " gard that, being to choofe too, fhc divided ac- *' cordingly. *' Wherefore, if the fenate have any further *' power than to divide, t!ie commonwealth can *' never be equal. But, in a commonzvealth confifiing *'*' of a fingle council^ there is ',io other to choofe than '* that which divided: whence ic is, that fuch a " council fails not to fcrarnble^ that is, to be fac- *' tious; there being no dividing of t!ie cake, in *' that cafe, but among themfelves : nor is there any " other remedy., but to have another council to choofe. *'' The vvifdoni of the few may be the light of *' mankind \ but the intereft of the few is not the " profit of mankinJ, nor of a commonwealth : " v/hcrefore, feeing we have granted intereil to be ** reafon, they mull not cliooie, left they put out ** their light. But as the council dividing confifts ** of the wildom of the commonweai:h, lo the af- *' feinbly 1 3 5 Ancient Republics^ ^c. fembly or council choofing fhould confifl: of the ** intereilof the commonwealth ; as the vvifdom of *' the commonwealth is in the arillocracy, fo the in- tereft of the commonvvealth is in the Vv'hole body *' of the people : and whereas this, in cafe tlie *' commonv/eakh confifts of a whole nation, is too *' unwieldy a body to be aflembled, this council is *' to confift of fuch a reprefenrative as may be equal, and fo conftituted as it can never contra6t any other intereft than that of the whole people. But, in the prcfent cafe, the I'ix dividing, and the fourteen choofing, m^uft of nccefficy take in the whole interefb of the twenty. Dividing and choofing, in the language of a commonwealth, is debating and reiolving; and whatever, upon de- bate of the fenate, is propofed to the people, and refolved by them, is enacted by the authority of the fathers, and by the power of the people ^ "^ auc^oritate patriim et jujfu pcpuU -^ which concur- ** ring, make a law." Upon thefe principles, and to eilablifh a method of enabling laws that mud of neceffity be wife and equal, the people of moft of the United States of America agreed upon that divifion of the le- giflative power into two houfes, the houfe of repre- fentatives and the fenate, which has given fo m^uch difguft to Mr. Turgot. Harrington will (hew us, equally well, the propriety and necefnty of the other branch, the governor: but before v?e proceed to that, it may be worth while to oblerve the fimi- litude between this pafTage, and fome of thofe fenti- ments and expreffions of Swift, v.'hich were quoted in a former letter-, and there is in the Idea of a Patriot King, written by liis friend Lord Boling- broke, a paifage to the fame purpofe, fo nobly ex- preffed, that 1 cannot forbear the pleafure of tran- fcriDincr Dr. Price. i.'?g fcribing it. *' It feems to me, that, in orfJer to *' maintain the moral fvftem of the univerfe ac ** a certain point, far below that of ideal perfec- *' tion (for we are made capable of conceiving " what we are not capable of attaining), it has " pleafed the Author of Nature to mingle, from ** time to time, among the focieties of men, a few, " and but a few, of thofe on whom he has been gracioufly pleafed to confer a larger proportion of the etherial fpirit, than, in the ordinary courfe of his providence, he bellows on the fons of men. Thefe are they who engrofs almoft the whole reafon of the fpecics. Born to dircd, to guide, ** and to preferve, if they retire from the world *' their fplendour accompanies them, and en- " lightens even the darknefs of their retreat. If " they take a part in public life, the effed is never * indifierent : they either appear tiie inilruments " of divine vengeance, and their couife through the *' world is marked by delolation and opprefijon, by '* poverty and fervitude ; or they are the guardiaa ** angels of the country they inhabit, fcudious to ' avert the moiL diltant evil, and to procure peace, *' plenty, and the greatcil of human blefTings *' liberty." If there is then, in fociety, fuch a natural arifto- cracy as thefe great v/ritcrs pretend, and as all hiilory and experience ciemonftrare, formed partly by genius, partly by birth, and partly by riches, how n^.all t!ic len;inator av;.:! himlllf of their in- fluencc tor the equal benc.'ir of the public? and how, on the other hand, fliall he prevent them from difturbing the public iKippinefs ? I anfwer, by ar- ranging them all, or at leall the mod conlpicuous of rhem, together in ont; aifembly, by the name of ^ fenatei by leparating them frcm all prctenlions to the H/^o Ancient Republics^ ^c. the executive power; and by contronling, in the legiQature, their ambition and avarice, by an af- fembly of rcprefentatives on one fide, and by the executive authority on the other. Thus you will have the benefit of their wifdom, without fear of their paffions. If among them there are fome of Lord Bohngbroke's guardian angels, there will be fome of his inftruments of divine vengeance too: the latter will be here reftrained by a three-fold tie ; by the executive power, by the reprcfentative afiembly, and by their peers in the lenate. But if thefe were all admitted into a fingle popular afiem- bly, the worft of them might in time obtain the afcendancy of all the reft. In fuch a fingle afiembly, as has been obferved before, almofi: the whole of this ariftocracy will make its appearance; being re- turned members of it by the election of the people : thefe will be one clafs. There will be another fct of members, of middling rank and circumftances, who will juftly value themfelves upon their inde- pendence, their integrity, and unbiafied afi'edion to their country, and will pique themfelves upon be- ins under no obligation. But there will be a third clafs, every one ot vvhom will have his leader among the members of the firft clais, whofe cha- rafter he will celebrate, and whofe voice he v.'ill follow; and this party, after a courfe of time, will be the moft numerous. The quefticn then will be, whether this ariftocracy in the houfe will urjite or divide? and it is too obvious, that deftruftion to freedom muft be the confequence equally of their union or of their divifion. If they unite gc-nerallyin all things, as much as they certainly will in refped;- ing each others wealth, birth, and parts, and con- dud themfelves with prudence, they will ftrengthen themfelves by infcnfibie degrees, by playing into each Br. Price, 141 ^ach others hands more wealth and popularity, until they become able to govern eledlions as they pleafe, and rule the people at difcrttion. An independent member will be their averfion -, all their arcificeswill be employed to deftroy his popularity among his conftituencs, and bring in a difciple of their own in his place. But if they divide, each party will, in a courfc of time, have the whole houfe, and confequently the whole Hate, divided into two fadtions, which will llruggle in words, in writing, and at lad in arms, until Casfar or Pompey muft be emperor, and en- tail an endlefs line of tyrants on the nation. But long before this cataftrophe, and indeed throuo-h every fcene of the drama, the laws, inftead of beino* permanent, and affording conflant proteflion to the livef, liberties, and properties of the citizens, will be alternately the fport of contending faftions, and the mere vibrations of a pendulum. From the be- ginning to the end it will be a government of men, now of one fet, and then of another i but never 3l government of laws. LETTER XXVII. MIXED GOVERNMENTS. MACHIAVEL's DISCOURSES UPOM THE FIRST DECADE or LIVY. BOOK I. C. 2. My dear Sir, THE whole chapter is very much to the pur- pofe, but the following paragraphs more particularly fo. According to iowv^ authors, there are but three forts of governments, viz. monarchy Or 142 Mixed GGver'mnenh. or principality, ariftocracy, and democracy ; and that thofe who intend to ere6l a new flate, muft hav^ recourfe to fome one of thefe which he likes bed, Others,and with more judgment, as many think, i^j there are fix forts -, thrte of which are very bad, and the other three good in themfelves-, but liable to be fo corrupted that they may become the worft. The three eood forts have been iuft; now mentioned: the other three proceed from thefe; and every one ot them bears fuch a refemblance to that on which it refpeftively depends, that the tranfition from one to the other is fhort and eafy; for monarchy often de- generates into tyranny, ariftocracy into oligarchy, and democracy into licentious anarchy and confu- fion : fo. that whoever fets up any one of the former three forts ot government, may alTurc himfelf it will not be of any long duration -, for no precaution will be fufncient to prevent its falling into the other that is analogous to it, on account of the affinity v/hich there feems to be in this cafe betwixt virtue and vice, perfeclioR and imperfeclion. This variety of governments among mankind ap- pears to have been the effeft of chance: for in the beginning of the world, the inliabitanrs beino; few^ they fometimes lived feparate from each other, like beads; but afterwards, as they multiplied, they began to unite for their mutual defence, and put themlelves under the prore(5lion of fuch as were mod: emjinent amon2;d them for couraa;e and ftrenn^th, whom they engaged to obey and acknowledge a^ their chiefs. Hence arofe the diilindticn betwixt honeft and difnoneft, juii and uniull;: for whea any one injured his benefactor, his ingratitude ex- cited a fort of fellow-feeling and indignation in others, as v/ell as kindnefs and refpccl" for thofe that behaved diiierentiy; and, as they confidered that they rnigiu fome i;r.e or other, perhaps, be treated Machiavel. 143 treared in the fame manner thcmfelves, if proper meafures were not taken to prevent it, they thought fit to make laws for the reward of good men, and the punilhment of offenders. This firft gave rife to juftice in the worki ; and from this confidera- lion it came to pafs, in procefs of time, that, in the eledlion of a new chief, they had not fo much regard to courage and bodily ftrength, as to wif- dom and integrity : but afterwards, as this kind of government became gradually hereditary inftead of eleflive, the heirs ot thefe chieftains fcon began to degenerate from the virtue of their anceftors, and to behave themielves as if they thought the main duty of a prince conillled in i'urpafling all other men in luxury, extravagance, effeminacy, and every fort of voluptuoufnefs i by wliich, in a while, they* jBrll grew odious to their fubjeds, and then fo jealous for them.lelves, that they were forced to dif- trels and cut off others for their own fecurity, and at lad: to become downright tyrants. This firft oc- cafioncd con^ibinations and confpiracics for the deftrudion of princes ; not amongli: the weak and pufillanimous part of their fubjccls, but among iuch as, being more eminent for their gencrofity, niagnanimjity, riches, and birth, could not endure any longer to lubniit to t:;e!e pitiiul and oppreffive -"^overr.ircrjis. Ti;c mukicudc, therefore, f.vayt'd by tlie authority of the nobles, r.)ie in arms i-e'^infl their prince; and being freed tioni \\v.i yc!:e, !;ran::ferred their alle- giance X.O tiieir dijliverers, v^ho, being thoroughly difjUi-ed :it n-!onarcny,c!Ki/:iied the form of govern- ment, and took it inro their own hands: after whie!: tht..y conducled bo:h themfelvcs and the fiaic according to the plan tliey had formed, pre- tcrriii,; the coa^.mon good to any particular advan- tage j ana behaving, in private as well as })ublic affairs, 144 Mixed Governments, affairs, with affiduity and moderation ; whilft the remembrance of their paft fufFerings continued frelh upon their minds. But this authority afterwards devolving upon their fons, who had not feen thefe changes, nor experienced the miferies of tyranny, they began to grow fo diflatisfied with that fort of civil equality, that they caft off all reftraint, and giving themfelves up to rapine, ambition, and lull, foon changed the government again from arifto- cracy into an oligarchy. Their adminiftration, how- ever, becoming as infupportable, in a while, as the tyranny of the other had formerly been, the people naturally began to look out for fome deliverer 5 and, having fixed upon a leader, they put them- felves under his banners, and eftablifhed oligarchy. But when they had done this, and came to retledl upon the oppreffions they fuitained under a tyrant, they refolved never to be again governed by any one man, and therefore agreed to let up a popular government; which was confcituted in fuch a man- ner, that the chief authority was not vefted either in a prince or in a junto of the nobility. Now, as all new eftabliflimcnrs are held in fome degree of reverence and veneration at firft, this form fubfifted for fome time -, though no longer than thofe people lived, who had been the founders of it: for, after their death, their defcendants dege- nerated into licentioufnefs, and fuch a contempt for ail authority and diftinftion, that, every man living after his own caprice, there was nothing to be iiitn. but confuficn and violence : lo that, either by the advice of fome good and rcrpe(rcable man, or com- pelled by the ablolute neceility of providing a re- medy for thefe diforders and enormities, they at laft determined once more to fubmit to the domi- nion of one: from which ftate they fell again in time, through tiie fame gradations, and from the above- Machtavel. 145 abovementioned caufes, into mifrule and licenti- oufnefs. Such is the rotation to which all dates are fubjed; neverthelefs they cannot often revere to the iame kind of goveriiment, becaufe it is not poflible that they fhould fo long exift: as to undergo many of thele mutations: for it frequent- ly happens, that when a ilate is labourii^g under fuch convulfions, and is dcfticute both of ii-ength and counfel, it fails a prey to fome other neig!i- bouring community or nation that is better go- verned j otherwile it might pafs t'lrough the feve- ral abovementioned revolutions again and again to infinity. All thefe forts of government then, in my opi- nion, are infirm and infecure; the three former from the ufual fliortnefs of their duration, and the three latter from the malignity of their owa principles. The wifcfl: legifiators, therefore, being aware of thefe defefts, never eftabliHied an'/ one of them in particular, but contrived another that partakes of them all, confilling of a prince, lords, and commons, which they looked upon as more firm and liable, becaufe every one of thele mem- bers would be a check upon the otlier ; and of t'lofe legifiators, Lycurgus' certainly merits the higheft praife, wtio conftituted an eftabliflinvjnt of this kind at Sparta, which killed above eight liun- dred years, to his own great honour, as v/cil as the tranquillity of the citizens. Very different was liie fate of the government eflabliflied by Solon at Athens, which, being a llmple democracy only, was of fo fliurt continu- .:nce, that it gave way to the tyranny of Pifiilra- tus, before the death of the legillator : and t!)ough, indeed, the heirs of that tyrant were ex- pelled about forty years after, and the Atlieniuna not uidy recovered their liberty, but rc-cilablilh- L ' fd 146 Mixed Gcvemmmts', ed Solon's laws and plan of governmentj yet the^ did not maintain it above one hundred years, not- withftanding they made feveral new regulations to reftrain the infolence of the nobles, and the licentioufnefs of the commons -, the neceffity of which Solon had not forefeen : fo that for want of tempering his democracy with a fhare of ariftocracy, and princely power, it was of fhort duration in comparifon of the conltitution of Sparta. But to return to Rome. Though that city had not a Lycurgus to model its conflitution at firfi:, in fuch a manner as might preferve its liberty for a long courfe of time ; yet fo many were the accidents which happened in the contefts betwixt the patricians and plebeians, that chance ef- fected, what the lawgiver had not provided for: fo that if it was not perfedl at the beginning, it became fo after a while-, for though the firft laws were deficient, yet they were neither incapable of amendment, nor repugnant to its future perfec- tion j fince not only Romulus, but all the reft of the kings that fucceeded him, made feveral good alterations in them, and fuch as were well calcu- lated for the fupport of liberty. But> as it was their intention to found a monarchy, and not a- republic ; when that city had fiiaken off the yoke of a tyrant, there feemed to be many provifions itill wanting for the further maintenance of its freedom. And notwithftanding tyranny was at laft eradicated, by the ways and means above- mentioned, yet thofe who had chiefly contributed to it, created two confuls to fupply the place of royalty ; by which it came to pafs, that the name alone, and not the authority, of princes was ex- tinguifned : fo that the fupreme power being lodged only in the confuls aad fcnate, the govern- ment Macbiavel. i^y hifent confided of ho more than two of the three tftates, which we have fpoken of beforej that is, of royalty and ariflocracy : it riemained, therefore, ftill neccffary to admit the people into feme fhare of the government : and the patricians growing fo infolcnt in time (as I fhali fhew hereafter), that the plebeians could no longer endure it, the lat- ter took, arms, and obliged them to relinquifli part of their authority, left they fhould lofe the whole : on the other hand, the confuls and fena- tors ftill retained fo much power in the commoti- Vrealth, as enabled them to fupport their rank and dignity with honour. This ftruggle gave birth to certain officers, called tribunes of the peo- ple i after the creation of whom, that ftate be- came more, firm and compaft, every one of the three decrees abovementioned having its proper Ihare in the government ; and fo propitious was fortune to it, that although it was changed from a monarchy into ah ariftocracy, and afterwards into a democracy, by the fteps and for the reafons already affigned, yet the royal power was never entirely abolilhed and given to the patricians, nor that of the patricians wholly to the plebeians : on the contrary, the authority of the three eftates be- ing duly proportioned and mixed together, gave it the higheft degree of perfedtion that any com.- monwealth is capable of attaining to , and this was owing in a great meafure, if not altogether, to the diflentions that happened betwixt the patri- cians and plebeians, as Ihall be fhcwn more at large in the following chapters. La LETTER 148 Mixed or compofed Gcvernmerns'. LETTER XXVII. MIXED OR COMPOSED GO- VE R N M E N T S. SIDNEY, PACE 22, lO, Dear Sir, SOME fmall numbers of men, living within the precincTts of one city, have, as it were, call into a common ftock, the right which they had of governing themfelves and children, and, by common confcnt, joining in one body, exercifed fuch pov;er over every Tingle perfon as leemed beneficial to the v/hole , and this men call perfed: democracy. Others chof:^ rather to be governed by a fclecl number of fuch as mofl excelled in wiicicm and virtue ; and this, according to the fjonification of the word, v,^as called ariftocracv. Y/hen one man excelled ail others, the govern- ment was put into his hands, under the name of monarchy. But th.e v/ifefl, beft, and by far the greatell part of mankind, reje6ting thefe fimple fpccies, did form governments mixed or compoied cf the three, as fliall be proved hereafter, which commonly received their refpcctive denomination from the part that prevailed, and did receive praife cr blame, as they were v/ell or ill proportioned. Sidney, p. 13'8. 16. 'I'he beft governments of the world have been compofed of monarchy, ariftocracy, and democracy. As for democracy, I believe it can fuit only with the convenience of a fmall town, accom- panied with fuch circumftances as are feldorn found. Sidney. 149 found. But this no way obliges men to run into the other extreme, in as niuch as the- variety of forms, between mere democracy and abiclure mo- narchy, is almioft infinite. And if I fliouki under- take to iay, there never was a good gov.^rnment in the world, that did not ccnfifL of the three fmiple fpecies of monarchy, ariftocracy, and demo- cracy, I think I may make it good. I'his at tiie lead is certain, that the government of the He- brews, inftituted by God, had a judge, the great Sanhedrim, and general allemblies of the people. Sparta had two kings, a lenate of twenty-eight chofen men, and the like afiemblies. Ail the Dorian cities had a chief magitlrate, a fenate, and occafional afiemblies. The cities of Ionia, Athens and others, had an Archon, the Areo- pagit^, &c. and all judgments concerning matters of the greateil importance, as well as the election of magiltrates, were referred to the people. Rome, in the beginning, had a king and a fenate, while the election of kings, and judgments upon appeals, remained in ttie people-, afterwards, confuls reprefenting kings, and vefted with equal power, a more numerous fenate, and more fre- quent meetings of the people. Venice has at this day, a duke, the fenate of t!ie pregadi, and the great aflembly of the nobility, which is the whole city, the rellof the inhabitants being only incols, not cives ; and thofe of the other cities or coun- tries are their fubjedts, and do nut participate in the government. Genoa is governed in like manner :, Lucca not unlike to them. Germany is at this day governed by an emperor, the princes or great lords in their feveral piecinCls; the cities by their own magif- trates ; and by general diets, in which the whole power of the nation rcfidcs, and where the empe- 1^ ^ ror. J50 Mixed or compofed Government^. ror, princes, nobility, and cities have their places in perfon, or by their deputies. All the northern nations which, upon the diflblution of the Roman empire, pofTefifed the beft provinces that had com- pofed it, were under that form, which is ufually called the Gothick polity. They had king, lords, commons, diets, aflemblies of eftates, cortcs, and parliaments, in which the fovereign powers of thofe nations did refide, and by which they were cxercifed. The like was pradtifed in Hungary, Bohemia, Sweden, Denmark, Poland : and, if things are changed in fome of thofe places within thefe few years, they muft give better proofs of having gained by the change, than arc yet feen in the world, before I think myfelf obliged to change my opinion. Some nations, not liking the name of king, have given fuch a power as kings enjoyed in other places to one or more magiftrates, either limited to a certain time, or left to be perpetual, as beft pleafed themfelves : others, approving the name, made the dignity purely elective. Some have in their eledions principally regarded one family as long as it lafted : others confidered nothing but the fitnefs of the perfon, and referved to themfelves a liberty of taking where they pleafed. Some have permitted the crown to be hereditary as to jts ordinary courfej but reftrained the power, and inftituted officers to infped the proceedings of kings, and to take care that the laws were not violated. Of this fort were the Ephori of Sparta, the Maires du Palais, and afterwards the conftable of France, the jufticiar in Arragon, the reichs- hofmeeter in Denmark, the high fteward in Eng- land J and in all places, fuch afiembliesas are be- forementioned under feveral names, who had the power of the whole nation, &c. Sidney, Sidney* 151 Sidney, p." 147. 18. It is eonfefled, thit a pure democracy can never be good, unlefs far a imall town, &c. Sidney, p. 160. 19. As to popular govern- ment in the ftrifteft fenfe, that is, pure demo- cracy, where the people in themfelves, and by chemfelves, perform all that belongs to govern- ment, I know of no fuch thing , and, if it be in the world, have nothing to fay for it. Sidney, p. i6i. It" it be faid, that thofe govern- ments, in which the democratical part governs moft, do more frequently err in the choice of men, or the means of preferving that purity of manners which is required for the well-being of a people, than thofe wherein ariftocracy prevails, I confefs it, and that in Rome and Athens, the beft and wifeft men did for the moft part incline to ariftocracy. Xenophon, Plato, Ariftotle, Thucydides, Livy, Tacitus, Ci- cero, and others, were of this fort. But if our author there feck patrons for his abfolute monar- chy, he will find none but Phalaris, Agathocles, Dionyfius, Catiline, Cethegus, Lentulus, with the corrupted crew of mercenary rafcals who did, or endeavoured to fet them up : thefe are they, qui- bus ex honefto nulla eft fpes : they abhor /i'^^'c-A/- vioH of the law, becaufe it curbs their vices, and make themfelves fubfervient to the lufts of a man who may nourifti them. Sidney, p. 165. 21. Being no way conc-ern- cd in the defence of democracy, dzc. 1 may leave our knighr, like Don Quixote, fighting againll the phantafms of his own brain, and faying what. he pleafes againft fuch governments as never were, unlels in fuch a place as St. Marino, near Sini- glaglia in Italy, where a hundred clowns govern L 4 a bar- 152 Mixed or compofed Gcvcrnments. a barbarous rock chat no man invades, and relates roching to our qucfiion. The republic of St. Marino, next to that: of Millingen in Switzerland, is the frnalieft republic in Kurope. The limits of it ^^xtend no farther than the bafe of the moun- tain on vvhich it is fcated. Its infigniiicance is its fecurity. No neighbouring psrince ever thought it worth his while to deilroy the indepen- dency of fuch a B;'ehive. See Blainville's Travels, vol. ii. p. 227. Addifon's Remarks on feveral parts of Italy. Sidney, p. 258. However, more ignorance cannot be expi effed, than by giving the name of democracy to thofe governments that are corn- poled of the three fr.nple fpecies, as we have proved that all the good ones have ever been : for, in a ftri6l fenfe, it can only fuit Vv'ith thcfe, where the people retain to themielves the admini- ilration of the fupreme power -, and more largely, when the populir part, as in Athens, greatly over- balances the oti;er two, and the denomination h taken from the prevailing pan. LETTER Montefquku. 155 LETTER XXVIII. MIXED GOVERNMENTS. MONTESQUIEU, SPIRIT OF LAWS, B. II. C- VI. OF THE CONSTITUTION OF ENGLAND. My dear Sir, IN every government there are three forts of power; the legiflative, the executive in refpedt of things dependent on tlie law of nations, and the executive in regard to things that depend on the civil law. By virtue of the firft (i, e. the legiflative power), the prince or magiftrare enacts temporary or per- petual laws, and amends or abrogates tiiofe that have been already enaitcd. By the fecond, he makes peace or war, fends or receives embaf- lies, eftabliflies the public fecurity, and provides againft invafions. By t!ie third, he puniflies cri- minals, or determines the difputes tliat arife be- tween individuals. The latter we fliall call the judiciary power, and the other fimply tlie execu- tive power of the Hate, The political liberty of the citizen, is a tran- quillity Oi mind, ariling from the opinion each perfon has ot his fifety. In order to have this liberty, it is rec]uifite the government be fo con- itituted, as that one citizen need not be afraid of another citizen. When tJie legidative and executive powers are united in the fame perfon, or in the fame body of magiilrates, there can be no liberty , bccaufe apprehenfions niay arife, Icll the fame monarch or ienate, or die fame icnate fliould enad tyran- nical 1 54 Mixed Governments. nical laws, to execute them in a tyrannical man- ner. Again, there is no liberty, if the power of judging be not feparated from the leg Native and executive powers : were it joined with l;;^ Icgifla- tive, the life snd liberty of the cinzens wnuid be expofed to arbitrary controul ; for the juuge would then be legiilator : were it joined to the executive power, the judge might bJiavev/ith all the violence of r^^ oppreiTor. There would be .-/ end of every thing {tout feroit perdu) were the f. me nian, or the fame body, whether of princes, of the nobles, or of the people, to exercife thofe three pov. 's; that of enafting laws, that of executing ..: . public refolutions, and that of judging the CD'.nes or differences of individuals. Moll kingdoms in Europe enjoy a moderate government, becaufe the prince, who is inverted with the two firft powers, leaves the third to his fubjedls. In Turkey, where thefe three powers are united h:- the fultan's perfon, the fubjeds groan under the weight of a moft frightful oppref- iion. In the republics of Italy, where thefe three powers are united, there is lefs liberty than in our monarchies. Hence their government is obliged to have recourfe to as violent methods for its fupport, as even that of the Turks i witnefs the ftate inquifitors at Venice, and the lion's mouth, into which every informer may at all hours throw his written accufations: what a fituation mult the poor citizen be in under thofe poor republics ! The fame body of magiftrates are polkfled, as executors of the laws, of the Vv'hole power they have given themfelves in quality of legiflaLors. They might plunder the ftate by their general determinations ; and as they have likewife the judiciary power in their hands, every private citizen Montefquicu, 155 icitizen may be ruined by their particular deci- ficns. The whole power is here united in one body ; and though there is no external pomp thac indicates a defpotic fway, yet the people feel the efFe6ts of it every moment. Hence it is, that many of the princes of Europe, whofe aim has been levelled at arbitrary power, have conftantly fet out with uniting in their own perfons all the branches of magiftracy, and all the great offices of ftate. I allow, indeed, that the mere hereditary arif- tocracy of the Italian republicks, does not anfwer exadly to the defpotic power of the eaftern princes. The number of magiftrates fometimes ibftcns the power of the magiftracy ; the whole body of the nobles do not always concur in the lame defigns ; and different tribunals are erefted ^hat temper each other. Thus, at Venice, the legiQative power is in the council, the executive in the pregadi, and the judiciary in the quarantia. JBut the mifchief is, that thefe different tribunals jire compofed of magiftrates all belonging to the fame body , which conftitutes almoft one and the fame power. The judiciary power ought not to be given to ^ ftanding fenate ; it (hould be exercifed by per- fons taken from the body of the people, as at Athens, at certain times of the year, and purfuant to a form and manner prcfcribed by law, in order to ered a tribunal that fliould laft only as long as neceffity requires. By this means the power of judging, a power fo terrible to mankind, not being annexed to any particular ftate or profeftion, becomes, as it were, inviftble. People have not then the judges con- tinually prefent to their viewj they fear the office, but not the magiftrate. 156 Mh:ed Governments. In accurations of a deep or criminal nature, it is proper the pcrfon acciifed fhould have the privi- lege of chuOng, in fome meaiure, his judges, in con- currence with the law ? or, at leall, he fhouid have a right to except againft fo great a number, that the remaining part may be deemed Jiis own choice. The other tv/o powers may be given rather to magiftrates or permanent bodies, becauie they are notexercifed on any private fubjecl:; one being no more than the general v;iil of the iiate, and the other the execution of that general will. But though the tribunals ought not to be fixed, yet the judgments ought, and to llich a degree as to be always conformable to the exact letter of the lav,'. Were they to be the private opinion of thejudge, people vi^ould then live in fociety with- out knov/ing exadly the obligations it lays them under. The judges ought likewiie to be in the fame ftation as the accufed, or, in other words, his peers, to the end that he may not imiagine he is fallen into the hands of perlons inclined to treat him with rigour. If the legifiative leaves the executive power in poffeffion of a right to impriibn tlioie fubjeds who can give fecurity for their good behaviour, there is an end of liberty ; uniefs they are taken up, in order to anfwer, v/ithout delay, to a capital crim.e , in this cafe they are really ittGy being fub-; je6^ only to the pov/er of the law. But fnould the legiilature think itfelf in danger, by fome lecret confpiracy againft the fcate, or by a correfpondence with a foreign enemy, it might authoriie the executive power, for a fliort and limited time, to imprifon fulpeded perions; who, \n that cafe, would lofe their liberty only for a while, to preferve it for eyer. And this is the only Montefquieu, 257 only reafonable method that can be fubftituted to the tyrannical magiitracy of the Ephori, and to the ftate inquifitors of Venice, who are alfo dcfpotical. As, in a free ftate, every man who is fuppofed a f'-ee agent, ought to be his own governor; fo the legiflative power fliould refide in the whole body of the people. But fince this is impoffible in large Itates, and in fmall ones is fubjetl to many inconveniencies-, it is fit the people fliould execute by tiieir reprekntatives what they cannot execute by themfclves. The inhabitants of a particular town are much better acquainted with its wants and interefts, than with thole of other places -, and are better judges of the capacity of their neighbours, than of that of the reit of their countrymen. The members therefore of the legiflature lliould not be chofen from the general body of the nation; but it is proper, that in every confiderable place, a reprefentative fhould be eleded by the inhabi- tants. The great advantage of reprefentatives, is their being capable of difcufiing affairs , for this the people collectively are extremely unfit, which IT one of the greateft inconveniencies of a demo- cracy. It is not at all neceflary tliat the reprefentatives, who have received a general iudruftion from their electors, lin)uld wait to be particularly inilrudled on every alrair, as is pradiled in the diets of Germany, 'irue it is, that. by tins way of pro- ceednig, the Ipeeclies of the deputies might with greater propriety be called the voice of the na- tion : but, on the other hand, this would throw them into infinite delays ; would give each de- I'Uty a power of controuling the airembly ; and on 15^ Ancient RepuhlkSt and Opinions on the moft urgent and prefling occafions, the fprings of the nation might be flopped by a finglc caprice. LETTER XXIX. ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS. My dear Sir, IN fearching for the principles of government^ we may divide them into two kinds : the prin- ciples of authority, and the principles of power. The firft are virtues of the mind and heart, fuch as wifdom, prudence, courage, patience, tempe- rance, jufticc, &c. : the fecond are the goods of fortune, fuch as riches, extradlion, knowledge^ and reputation. I rank knowledge among the goods of fortune, becaufe it is the efFeft of edu- cation, fludy, and travel, which are either acci- dents, or ufual efFeds of riches or birth, and is by no means neceffarily connefted with wifdom or virtue: but, as it is univerfally admired and re- fpeded by the people, it is clearly a principle of power. The lame may be faid of reputationji which, abftrafted from all confideration whether it is merited or not, well or ill founded, is another fource of power. Riches will hold the firft place, in civilifed focieties at leaft, among the principles of power, and will often prevail not only over all the prin- ciples of authority, but over all the advantages of birth, knowledge, and fame. For, as Harrington 6 fays, of Philofophers. 159 fays, " Men are hung upon riches, not of choice as upon the other, but of neceffity and by the teeth : for as much as he who wants bread, is his fervant that will feed him j and if a man thus feeds a whole people, they are under his empire." It already appears, that there muft be in every fociety of men, fuperiors and inferiors, becaufe God has laid in the conftitution and courfe of nature the foundations of the diftinftion. And indeed, as Harrington fays, " an army may as well confift of foldiers without officers, or of officers without foldiers, as a commonwealth con- fifl: of a people without a gentry, or of a gentry without a people." " Let dates take heed," fays Lord Bacon, " how their nobility and gentlemen multiply too fall, for that makes the common fubje6t grow to be a peafant and bafe fwain driven out of heart, and in eficd but a gentleman's labourer. How fhall the plow then be kept in the hands of the owners, and not mere hirelings ? how fhall the country attain to the charafter which Virgil gives of ancient Italy, I'erra pot ens armis^ aique ubere gkba ? how, but by the balance of dominion or property ?" Notwithftanding Mr. Turgot's averfion to ba- lances, Harrington difcovered, and made our, as Toland his biographer informs us, that ** empire follows the balance of property, whether lodged in one, a few, or many hands." A noble difco- very, of which the honour folely belongs to him, as much as the circulation of the blood to Harvey, printing to Laurence Colter, or of guns, compafles, or optic glalfes to the feveral authors. If this balance is not the foundation of all poli- ticks, as Toland alferts, it is of fo much import- ance, that no man can be thougljt a mailer of the fubjeft 1 6o Ancient Repuhlics, and Opinions fubje(!n:, without having well weighed it. Mi%" Turgot, it is plain, had not the leail idea of it. " Tillage," fays Harrington, " bringing up a good foldiery, brings up a good conimonweakh : for where the owner of the plow comes to have the fword too, he will ufe it in defence of his ovvn. "Whence it has happened, that the people of Eng- land, in proportion to their property, have been always free, and the genius of this nation has ever had fome refemblance with that of ancient Italy, which was wholly addicted to commonwealths, 2nd where Rome came to make the greateft ac- count of her ruftic tribes, and to call her confuls from the plow : for in the v/ay of parliaments, "which was the government of this realm, men of country lives have been ftill imruded with the greatelt affairs, and the people have conRantly had an averfion to the v/ays of the court. Ambi- tion loving to be gay and ro fav/n, has been a gallantry looked upon as having fom.cthing in it of the livery; and hufbandry, or the country vi^ay of life, though of a grofier fpihning, as the beft lUiiTof a commonwealth, according to Ariitotle; fuch a one, being the moll obltinate aiTertrefs of her liberty, and the lead fubitft to innovation or turbulency. C(^'mmonweaIths, upon wliich the city life has had the greateil ir.fiuence, as Athens, have feldom or never been qji^et: but at beil are found to have iniured their own bufinefs by over- doing it. Whence the U -ban trib^-s of Rome, confiiiing of the tiirbaforc'iJisvAO, lihcrtiiius^ that had received their freedom by m^^numifiion, were of no reputation in comparifon of the rnlHcs. A tommonvv'ealth, confifting but of ore city, would doubtlefs be ftcrmiy, in regard tiiat ambition would be every man's trade: but where it confifts of n country, the plow in the i:ands or the ov/ner iindi iiims 'of Phihfophers. i6i Fiioi a better calling, and produces the mod inno- cent and fteady genius of a commonwealth. Oceana, p. 37. -Doineftic empire is founded upon dominion, and dominion is property, real or perfonal ; that is to fay, in Jands^ or in money and goods. Landsi, or the parcels of a territory, are held by the proprietor or proprietors of it, in fome proportion ; and fuch (except it be in a city that has little or no land^ and whofe revenue is in trade) as is the proportion or balance of dominion or property in land, fuch is the nature of the empire. If one man be fole landlord of a territory, or over- balance the people for example, three parts in four he is grand feignior: for fo the Turk is called from his property; and his empire is abfo- lute monarchy. If the few, as a nobility and clergy, be landlords, or overbalance the people to the like proportion, it makes the Gothic balance, and the empire is mixed monarchy, as thit of Spain, Poland, and once of England: and if the ^hole people be landlords, or hold the lands fo divided among them, that no one man, or num- ber of men, within the compafs of th.e few, or ariftocracy, over-balance them, the empire is a commonwealth. If force be interpofed in any of thefe tliree cafes, it muft either frame the government to the foundation, or the foundation to the government; or, holding the government not according to the balance, it is not natural, but violent : and there- fore if it be at the devotion of a prince, it is tyranny; if at the devotion of the few, oligarchy ; or if in the power of the people, anarchy. Each of which confulions, the balance Handing other- wife, is but of fliort continuance, becaufe againft the niature of the balance; which not dellroyed, irfellroys that which oppofes it. M Here i6z 'Ancient RepuMes, andOpimcHJ Here it would be entertaining to apply thcfc obfervations to the force of fleets and armies, &c. applied by Great Britain in the late conttd wiih America. The balance of land, efpecially in New England, where the force was firft applied, was neither in the king nor a nobility, but im- menfely in favour of the people. The intention of the Britiih politicians was to alter this balance, " frame the foundation to the government, by bringing the lands more and more into the hands of the governors, judges, counfellors, &c. &c. v;ho were all to be creatures of a Britiih miniilry. We have feen the effc6ls." The balance dcftroy- ed that which oppofed it. Harrington proceeds. But there are certain other confufions, which being rooted in rhe ba- lance, are of longer continuance, and of worfe confequence-, as, firft, where a nobility holds half the property, or about that proportion, and the people the other half-, in which cafe, without altering the balance, there is no remedy, but the one muft eat out the other: as the people did tlic nobility in Athens, and the nobility the people in Rome. Secondly, where a prince holds about half the dominion, and the people t're other half, which was the cafe of the Roman emperors, (planted partly upon their military colonies, and partly upon thefenateand the people) rhe govern- ment becomes a very fhambles, borii or the princes and the people. It being unlav.ful in Turky that any fliould pofTefs land but the grand feignior^ the balance is fixed by the hw/, and that em.pire firm". Nor, though the kings often roll, was the throne of England kncv/n to f.rke, until the ftatute of alienations broke ;; s piila'?, by giving way to the nobility to il-il thvir cJlatcs. While Lacedemon held to the d!v;i;cn o; land made by . Lycur.QUS, tf Philofophers, 1^3 Lycurgns, it was immoveable ; but, breaking that, couid (land no longer. This kind otlaw, fixing the balance in lands, is called Agrarian, and was firft introduced by God himfelf, who di- vided the land of Canaan to his people by lot. The public fword, without a hand to hold it, is but cold iron. The hand which holds this fword is the militia of a nation ; and the militia of a nation is either an army in the field, or ready for the field upon occafion. But an army is a bead that has a great ocUy, and muft be fed ; wherefore this will come to vv^hat pailurcs you have, and what pnftures you have will come to the balance of property, v/ithout v/hich the public fword is but a namie^ He that can graze this bead with the great belly, as the Turk docs his timariots, may well deride him that ima- gines he received his pou'cr by covenant. But if the property of the nobility, flocked with their tenants and retainers, be the pafture of that beaft, the ox knows his mailer's crib ; and it is impofTi- ble for a king, in fuch a conftitution, to reign othcrwife than by covenant ; or, if he breaks it, it is words that come to blov.-s. Arillotle is full of this balance in divers places, efpecially where he fays, tiiac immoderate wealth, as where one man, or the few, have greater poiTefrions than the equality or the frame of the commonwealth will bear, is an occafion of icdicion, which ends, for the greater part, in mo- narchy ; and that, for tliis caufe, tlie oflracifm has been received in divers places, as in Argos rind Athens j but that it were better to prevent the growth in the beginning, than, when it has got head, to leek the remedy of fuch an evil. Machiavel, not perceiving that if a common- wi-rakh be galled by the gentry, it is by their iVI 2 over- 1 64. Ancient Republics, and Opinions over-balance, fpeaks of the gentry as hoftile to popular governments, and of popular governmentrj as hoftile to the gentry j which can never be proved by any one example, unlefs in civil war-, feeing that, even in Switzerland, the gentry arc not only fafe, but in honour. But the balance, as I have laid it down, though unfeen by Ma- chiavel, is that which interprets him, where he concludes, " That he who will go about to make a com.monweakh where there be many gentlemen, unlefs he firft deftroys them, undertakes an im- poITibility. And that he who goes about to in- troduce monarchy, where the condition of the people is equal, fhall never bring it to pafs, un- lefs he cull out fuch of them as are the moft tur- bulent and ambitious, and make them gentlemeri or noblemen, not in name, but in effect , that is, by enriching them with lands, caftles, and trea- fures, that miay gain them power among the reft, and bring in the reft to dependence upon them ; to the end that they, maintaining their ambition by the prince, the prince may maintain his power by them." Wherefore, as in this place I agree with Ma- chiavel, that a nobility, or gentry, over- balancing a popular governmenr, is the utter bane and de- llruftion of it, lb I ftiall iliew in another, that a nobility or gentry, in a popular government, not over-balancing it, is the very life and foul of it. The public fword, or right of the militia, be the government what it will, or let it change how it can, is infeparable from the over- balance in do- minion. ;-!AR RING ton's cf Philofophers] 165 Harrington's prerogative of popular go- vernment, c. iii. p. 226. The balance of dominion in land Is the na- tural caufe of empire; and this is the principle which makes politics a fcience undeniable through- out, and the mod demonfirrable of any wiiatevcr. If a man, having one hundred pounds a year, may keep one fervant, or have one man at his command, then, having one hundred times fo much, he may keep one hundred fervants ; and this multiplied by a thoufand, he may have one hundred thoufand men at his command. Now that the fingle peribn, or nobility, of any country in Europe, that had but half fo many men at command, would be king or prince, is that which 1 think no man can doubt. But " No money, *' no Swifs." The reafon why a fingle perfon, or the nobility, that has one hundred thoufand men, or half fo many, at command, will have the go- vernment, is, that the eftate in land, whereby they are able to maintain fo many, in any Euro- pean territory, mud over- balance the reft that remains to the people, at leaft three parts in four. Now, for the fame reafon, if the people hold three parts in four of the territory, it is plain there can neicher be any fingle perfon or nobility able to difpute the government with them. In this cafe, therefore, except force be interpofed, they govern themfelvts. So that by this computation of the balance of property or dominion in the land, you have, according to the three-fold foundation of roperty, the root or generation of the three-fold ind of government or empire. W one man bs fole landlord of a territory, or over-balance the whole people, three parts in four, or thereabouts, he is grand fcigniorj for fo the Turk, not from M 3 his I 1 66 Ancient Republics, and Opinions his empire, but property, is called , and the em- pire, in this cafe, is ablolute monarchy. It* the few, or a nobility, or a nobility with a clergy, be landlords to Juch a proportion as over- balances tlie people in the like manner, t::ey may make whom they pleafe king; or, if they bs not pleafed with their king, down with him, and let up whom they like better; a Henry the fourth, or kventh, a Guiie, a Montfort, a Nevil, or a Porter, fhoiild they find that belt for their own ends and pur- pofes: for as not the balance of the king, but that of the nobility, in this cafe, is the caule of the government, lb not the eftate of the prince or captain, but his virtue or ability, or fitnefs for the ends of the nobility, acquires that command or office. This for ariftocracy, or mixed mo- narchy. But if the whole people be landlords, or hold the lands fo divided among them, that no one man, or number of men, v^'ithin the com.- pafs of the few, or ariftocracy, over-balance them, it is a comiinonwealth. Such is the branch in the root, or the balance of property naturally pro- ducinf^ eniDire. Then follows a curious account of the lav.-s in Ifrael againft ufury, and in Lacedemon againft trade, Sec. which are well vvorch ftudying. Page 254. That which, introducing two ef- tates, caules divifion, or miakes a commonwealth unequal, is net that fiie has a nobility, witiiout which file is deprived of her inoil lixcial v^rna- mcnr, and weakened in her conduct, but wnen the nobility only is capable of magiilracy, or of the fenate ; and where this is fo ordered, fce is unequal, as Kome. But where the nobility is no othervvife capable of magillracy, nor of the fenate, than by t.leclion of the people, the commonwealth confitls but of one order, and of Philofcphers. 167 is equal, as Lacedenion or Venice. Where the nobility holds half the property, or about that proportion, and the people the other half, the iliares of the land may be equal-, but in regard the nobility have much among few, and the people little among many, the few will not be contented to have authority, v^hich is all their proper fhare in a commonwealth, but will be bringing the people under power, which is not: their proper (hare in a commonwealth; where- fore this commonwealth mull needs be unequal ; and, except by altering the balance, as the Athe- nians did by the recifion of debts, or as the Ro- mans went about to do, by an agrarian, it be brought to fuch an equality, that the whole power be in the people, and there remain no more than authority in the nobility, there is no remedy, but the one, with perpetual feuds, will eat out the other, as the people did the nobility in Athens, and the nobility the people in Rome. Where the carcafe is, there wiil be the eagles alio ; where the riches are, there will be the power: fo if a few be as rich as all the reft, a few wiil have as much power as all the red-, in which cafe the commonwealth is unequal, and there can be no tnd of icavi[ig and tailing till it be brought to tc|i:ali[y. 'I'he eftates, be they one, or two, or three, are fuch, as v.'as laid by virtue of iht balance upon whicli tilC govcriiment nmil naturally depend : cxemplilkd in France, &C. page 2'-6. Ai! government is of three kinds : a governnient of iervant:,, a government of fub- jei;ts, or a government of citizens. 1 lie lirft is abloluie moiiarclr/, as that of Tiirlcy ; the Iccond ariflocraiical monarchy, as tiiat of France; tiie M 4 third 3 68 Ancient Republics^ and Opinions third a commonwealth, as Ifrael, Rome, Hoi^ land. Of thele, the government of fervants i.s harder to be conquered, and the eafier to be held, The government of fubjefts is the eafier to be conquered, and the harder to be held. The go- vernment of citizens is both tlie hardeft to bs conquered, and the hardeft to be held. The reafon why a government of fervants is hard to be conquered, is, that they are under a perpetual difcipline and command. Vv hy a go- vernment of fubjects is eafily conquered, is oa account of the fa6tions of the nobility. The reafons why a government of citizens, where the commonwealth is equal, is hardeft to be conquered, are, that the invader of fuch a fociety muft" not only truft to his own ftrength, inafmuch as, the commonwealth being equal, he muft needs find them united; but in regard that fuch citizens, being all foldiers, or trained up to their arms, which they ufe not for the defence of flavery, but of liberty, a condition not in this world to be bettered, they have, more fpecially upon this occafion, the higheft foul of courage, and, if their territory be of any extent, the vafteft body of a well-difciplined militia, that is poffible in nature: wherefore an example of fuch a one, overcome by the arms of a monarch, is not to be found in the world. In the Art of Law-giving, chap. i. he enlarges fcill farther upon this lubjed; and inftances Jo- feph's purchafeof all the lands of theEgyptians for Pharaoh, Vv^hereby they became fervants to Pha- raoh ; and he enlara;es on the Pntrlifti balance, &c. In America, the balance is nine-tenths on the fide of the people: indeed there is bur one ordei - vf Philofophers. i6<^ and Gur fenators have influence chiefly by the principles of authority, and very little by thofe rd the attention of the greateii writers-, and whether the ellays mey have left us were copied from hiflorv, or wrought ouc of their own conjeftures and reafonings, they are very much to our purpofe, to fliew the utility and necefiity of different orders of men, and of an equilibrium of powers and privileges. They de- monfbrate the corruptibility of every fpecies of fimple government, by which I mean a power without a check, whether in one, a few, or many. It might be fufficient to fliev/ this tendency in fimpie democracy alone, for fuch is the govern- ment of one afTembly, whether of the people col- ledlively or reprefentatively : hut as the genera- tion and corruption of all kinds of government have a fnnilitude with one another, and proceed from the fame qualities in human naturr:, it will throw the tnore li:'re the multitude have a power of doing whatever they defire, and where infolence and conten:i)t of pa- rents, elders, gods, and laws, foon fucceed. From whence do governments originally fpring? From the weaknels of men, and the confequent neceflity to aflbciate, and he who excels in ftrength and courage, gains the command and authority over the reft ; as among inferior animals, who are not influenced by opinion, the ftrvngeft are, by common coni'ent, allowed to be maiteis. This is monarchy. But when the nation, by living together, acquires Ibme tindlure of honour and juftice, gratitude, duty, and their oppoiites, and the monarch countenances thcle moral qualities, and treats every one according to his merit, they are no longer afraid of violence, but iubmit to him, and unite in fupporting his government, akhough he may again become Vvcak and advanced wi years. By this means a monarch infenfibly bjcomes a king, that is, when the power is transferred from courage and ftrength to reafon. This is the origin oi Uut kingly governmeniy for the people preferve the command, not only to them, but to their defcendants, bemg perfuaded, that thofe who have received their birth ..nd educ.uion from fuch men will refemble them in their principles. But if they are diffatisfied with their defcendants, they then choofe magiftrates and kmgs, with regard only to fuperior fenfe and lealon, and not to Hrength and courage-, having by experience been convinced of the difference between them. Thofe wlio were once cholcn and invefted v/ich the royal 4 dignity, cf Philofophers, 179 dignity, grew old in the enjoyment of it, poflcfled themfelves of a territory, furrounded it with walls, and fortified advantageous polls : thus confulting the fecurity of their lubjedts, and fupplying thetn v/ith plenty of provifions, differing little in their clothes or tables from the people with whom they paffed their lives, they continued blameiefs and unenvied. But their pofterity, fucceeding to the government by right of inheritance, and finding every thing provided for fecurity and fupport, they were led by fuperfluity to indulge their appetites, and to imagine that it became princes to appear in a different drefs, to eat in a more luxurious manner, and enjoy, v/ithout con- tradiction, the forbidden pleafures of love. The firft produced envy, the other refentment and hatred. By which means kingly government de- generated into tyranny. At the fame time a foundation was laid, and a confpiracy formed, for the deftru6lion of thofe who exercifed it; the accomplices of which v/ere not men of inferior rank, but perfons of the mod generous, exalted, and enterprizing fpirit i for fuch men can leaft bear the infolence of thofe in power. The people, having thefe to lead them, and uniting againft their rulers, kingly govern- ment and monarchy were extirpated, and arifto- cracy began to be eftablifhed, for the people, as an immediate acknowledgment to thofe who had deflroyed monarchy, chofe thefe leaders for their governors, and left all their concerns to them. Thefe, at firil, preferred the advantage of the public to all other confiderations, and adminiilered all affairs, both public and private, with care and vigilance. But their fons having fucceeded them in the lame power, unacquainted with evils, flran- ger$ to civil equality and libertv, educated from IS 2 ' fcheir 1 So Ancient RepuMics, and Opinions tlieir infancy in the folendor of the power and dignities of their parents, fome t-iving themfelves up to avarice, others to intemperance, and others to the abufe of women, by this behaviour changed the ariftocracy into an oligarchy. Their cataftrophe became the fame with that of the tyrants -, for if any perfon, obferving the gene- ral envy and hatred which thefe rulers have incurred, has the courage to fay or do any thing againft them, he finds the whole body of the people infpired with the fame pafiions they were before poffeffed with againft the tyrant, and ready to affift him. Thereupon they put fome of them to death, and banifh others ; but dare not, after that, appoint a king to govern them, being ftill afraid of the injuftice of the firft j neither dare they entruft the government with any number of men, having ftill before their eyes the errors which thofc had before committed : fo that having no hope, but in them- selves, they convert the government from an oli- garchy to a democracy^ and take upon themfeives the care and charge of public affairs. And as long as any are living, who felt the power and dominion of the few^ they acquiefce under the prefent eftablilhrnicnt, and look upon equality and liberty as the greateft of bleffings. But v/hen a new race of men grows up, thefe, no longer regarding equality and liberty, from being accuftomed to them, aim at a greater fhare of power than the reft, particularly thofe of the greateft fortunes, who, grown now ambitious, and being unable to obtain the power they aim at by their own merit, diffipate their wealth, by alluring and corrupting the people by every method ; and when, to ferve their wild ambition, they have once taught them to receive bribes and entertain- znents, from that moment th? democracy is at an end. of Philofophers. i8i* end, and changes to force and violence^ For the people, accuftomed to live at the expence of others, and to place their hopes of a fupport in the for- tunes of their neighbours, if headed by a man of a great and enterprizing fpirir, v/ill then have re- courfe to violence, and getting together, will mur- der, banifli, and divide among themfelves the lands of their adversaries, till, grown wild with rage, they again find a mafter and a monarch. This is the rotation of governments, and this the order of nature, by which they are changed, transformed, and return to the fame point of the circle. Lycurgus obferving that all this was founded on neceflity and the laws of nature, concluded, that every form of government that is fimple, by fbon degenerating into that vice that is allied to it, and naturally attends it, mull be unftable. For as ruft is the natural bane of iron, and wormiS of wood, by which they are fure to be deftroyed, fo there is a certain vice implanted by the hand of nature in every fimple form of government, I and by her ordained to accompany it. The vice I of kingly government is monarchy j that of arif- tocracy, oligarchy ^ and of democracy, rage and i 'violence \ into which all of them, in procefs of time, I mull necefflirily degenerate. To avoid wiiicii I Lycurgus united in one all the advantages of the ( bed governments, to the end that no bi.inch of ir, ] by fwelling beyond its bounds, might degenerate into the vice that is congenial to it, and that, while 1 each was mutually acted upon by oppcfite pozcers, I no one part might outweigli the rell. The ! Romans arrived ac the lame enU by the fame means. Polybius, you perceive, my dear Sir, is more; charitable in his reprefcntaciua of hu.man nifure N ; than lS2 'Ancient Republics, and Opinions than Hobbes, Mandeville, Rochefoucaulr, Machia- vel, Beccaria, Ronfieau, De Lolme, or even than our friend Dr. Price. He candidly fuppofes thac the firft kingly government will be wifely and honeftly adminifteied, during the life of the father of his people , that the firil ariftccracy will be conduced v/ith caution and moderation, by the band of patriots to whom is due the glory of the expulficn of the tyrant ; and that the people, for a generation at leaft, who have depcfed the oli- garchy, will behave with decorum. But perjhaps it might be more exaflly true and natural to fay, that the king, the ariftocracy, and the people, as foon as ever they felt themfclves fecure in the. polTcfiion ot their power, v/ould begin to abufe it. In Mr. Turgot's fingle alTembly, thofe wha fliould think themfelves moft didinguifhed by blood and education, as well as fortune, would be moft ambitious , and if they found an oppo- fition among their conftituents to their elections, would immediarely have recourfe to entertain- ments, fecret intrigues, and every popular art, and even to bribes, to increafe their parties. This would oblige their competitors, though they might be infinitely better men, either to give up their pretenfions, or to imitate thefe dangerous praftices. There is a natural and unchangeable inconvenience in all popular eledions. There are always competitions, and the candidates have often merits nearly equal. The virtuous and independent eleclcrs are often divided : this naturally caufes too much attention to the moft profligate and unprincipled, who will fell or give av/ay their votes for other confidera- tions than wifdom and virtue. So that he who has the deepeft purfe, or the feweft fcruples about uling it, will generally prevail. It of Phikfophers* 183 It is from the natural ariftocracy in a fingle af- fembly that the firft danger is to be apprehended in the prefent Hate of manners in America-, and with a balance of hinded property in the hands of the people, fo decided in their favour, the progrefs to degeneracy, corruption, rage, and violence, might not be very rapid ; neverthelefs it would begin with the firft eledtions, and grow fafter or flower every year. Rage and violence would foon appear in the aflfembly, and from thence be communicated among the people at large. The only remedy is to throw the rich and the proud into one group, in a feparate affembly, and there tie their hands ; if you give them fcope with the people at large, or their reprefentatives, they will deftroy all equality and liberty^ with the confent and acclamations of the people them" fehes. They will have much more power, mix- ed with the reprefentatives, than feparated from them. In the firft cafe, if they unite, they will give the law, and govern all j if they differ, they will divide the ftate, and go to a decifion by force. But placing them alone by themfelves, the fociety avails itfelf of all their abilities and virtues; they become a folid check to the repre- fentatives themfelves, as well as to the executive power, and you difarrn them entirely of the power to do mifchief. N 4 i- H T- 1 84 'Ancient Republics^ and Opinions letter xxxii. :ancient republics, and opinions OF philosophers, Dear Sir, DIONYSIUS Haliearnaffenns, In his feventh booi<:, has givt-n us an excellent fpcech in the lenate, made by Manlius Valerius, a man ve- jierable for his age and wifdom, and remarkable for his conftant friendfbip ior the people. " If any of you, fathers ! alarmed with an ap- prehenfion that you will introduce a pernicious cuftom into the commonwealth, if you grant the people a power of giving their fufFrages againft the patricians^ and entertain an opinion that the tribunitian power, if confiderably ftrengthened, will prove of no advantage, let them learn, that their opinion is erroneous, and their imagination contrary tc found reafoning : for if any meafure can tend to prelerve this commonwealth, to aflfure both her liberty and power, and to eftablifh a per- petual union and harmony in all things, the mofl: cfFedlual will be to give the people a fhare in the government : and the mofc advantageous thing to us will be, not to have a fimple and unmixed form of government -, neither a monarchy, an oli- garchy, nor a dcmiOcracy, but a conflitution tem- pered with all of them : for each of thefe fornis, \vhen fimple, very eafily deviates into abufe and cxcefsj but when all of them are equally mixed, that part which happens to innovate, and to exceed the cudomary bounds, is always redrained by an- j:ther that is fober, and adheres to the eitablifhed order, of rhikfophers', 1S5 order. Thus monarchy, when it becomes cruel and infolent, and begins to purfue tyrannical meafures, is fubverted by an oligarchy, confiding of good men , and an oligarchy, compofed of the belt men, which is your form of government, when elated with riches and dependants, pays no re- gard to juftice, or to any other virtue, and is de- itroyed by a wife people : and in a democracy, when the people, from being modell in their de- portment, and obfervant of the laws, begin to run into diforders and excelTes, they are forced to return to their duty by the power with which, upon thofe occafions, the belt man of the com- monwealth is invelled. You, fathers, have ufed all poflible precautions to prevent monarchical power from degenerating into tyranny -, for, in- llead of a fingle perfon, you have invefted two with the fupreme power ; and though you com- mitted this magiltracy to them, not for an inde- finite time, but only for a year, you neverthelefs appointed three hundred patricians, the mod re- fpedtable, both for their virtue and their age, of whom this fenate is compofed, to watch over their conduft ; but you do not feem hitherto to have appointed any to watch over your own, and to keep you within proper bounds. As K/r yourfelves, I am as yet under no apprehenfions, left you fhould fuffcr your minds to be corrupted by great and accumulated profperity, who have lately delivered your country from a long tyran- ny-, and, through continual and lading wars, have not as yet had leifure to grow infolent and lux- urious. But with regard to your fucccfibrs, when I confider how great alterations length of time brings with it, 1 am afraid, left the men of power in the femite fl^ould innovate, and filently tranf- form our conftitution to a monarchical tyranny : whereasj i86 Ancient Republics f and Opinions whereas, if you admit the people to a fhare in the government, no mifchief can Spring from the fe- iiate ; but the man who aims at greater power than the reft of his fellow citizens, and has form- ed a faflion in the fenate, of all who are willing to partake of his councils and his crimes (for thofe who deliberate concerning public affairs ought to forefee every thing that is probable) this great, this awful perfon, I fay, when called by the tribunes to appear before the people, mud give an account both of his aflions and thoughts to this people, inconfiderable as they are, and {o jnuch his inferiors ; and, if found guilty, fuffer the puniihment he deferves : and, left the people themfelves, when veiled v/iih lo great a power, fhould grow wanton, and, feduced by the worft- of demagogues, become dangerous to the beft of citizens, (for the multitude generally give birth to tyranny) fome perfon of confummate pru- dence, created didator by yourlelves, will guard againit this evil, and not allow them to run iiuo excefs , and being inverted v/ith abfolute powerj and fubjed; to no account, will cut off the infed- ed part of the commonwealth, and not fufrer that which is not yet infected to be vitiated, reform the laws, excite the citizens to virtue, and ap- point fuch magiftrates a^ he thinks will govern with the greateft prudence : and having effefted thefe things within the fpace of fix months, he will again become a private man, without receiv- ing any other reward for thefe actions, than that of being honoured for having performed them. Induced, therefore, by thele confiderations, and convinced that this is the moft perfed; form of government, debar the people from nothing -, hut as you have granted them a power of choofing the annual magiftrates, who are to prefide over the of Philofophers", ' J 87 the commonwealth, of confirming and repealing laws, of declaring war, and making peace, which are the greatefl and moft important affairs that come under the confideration of our government, not one of which you have fubmitted to the ab- folute determination of the fenate, allow them, in like manner, the power of trying offen- ders, particularly iuch as are accufed of crimes againft: the ftate, of raifing a fedition, of aiming at tyranny, of concerting meafures with our enemies to betray the commonwealth, or of any other crimes of the like nature -, for the more formida- ble you render the tranfgreffion of the laws, and the alteration of difcipline, by appointing many infpedors, and many guards over the infolent and the ambitious, the more will your conftitution be improved.'* It is furprifing that Valerius fhould talk of an equal mixture of monarchical, ariitocratical, and democratical powers, in a commonwealth where they v/ere lb unequally mixed as they were in Rome. There can be no equal mixture without a negative in each branch of the legiflature. But one example of an equal mixture has ever exifted in Europe, and that is in England. The confuls in Rome had no negative; the people had a ne- gative, bur a very unequal one, becaufe they had not the lame time and opportunity for cool deli- beration. The appointment of tribunes was a very inadequate remedy. What match for a Roman fenace was a iin^i-le mao-jftrate feated among- them ? his abilities could not be equal ; his firm- ncfs could not be always depended on : but what is worfe, he was liable to be intimidated, flattered, and bribed. It is really atlonifliing, that fuch people as Greeks and Romans fliould ever have thouglit four or five cpheri, or a fingle tribune, an itB Ancient Republics, ^c. er a college of ten tribunes, an adequnre repre- fentation of themfelves. If Valerius had pro- pofed, that the ccnful fnould have been made an integral part of the legiflature, and that the Ro- man people fhould choofe another council of two or three hundred, equally reprefenting them, to be another integral part, he would then have feen, that the appointment of a didator could never in any cafe become riecciTary. LETTER XXXIII. ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS. Plat. My dear Sir, PLATO has given us the mod accurate detail of the natural viciflltudes of manners and principles, the ufual progrefs of the paflions in ibciety, and revolutions of governments into one another. In the fourth book of his Republic, he defcribes his perfect commonwealth, where kings are phi- lofophers, and phiiofophers kings : where the whole city migh: be in the happieft condition, and not any one tribe remarkably happy beyond the refl: in one word, where the lazvs gcz'sm^ and juitice is eftablifned: where the guarciians of the Jaws are fuch in reality, and prelerve the confli- tution, inilead of deftroying it, and promote the happinefs of the whole city, not their own parti- cularly : where the ilatc is cne, not many: where there Plato] iZg there are no parties of the poor and the rich at war with each other : where, if any defcendant of the guardians be vicious, he is difmilTcd to the other claffes, and if any defcendant of the others be worthy, he is raifed to the rank of the guardians : where education, the grand point to be attended to, produces good geniufes, and good geniufes, partaking of fuch education, produce ftill better than the former: where the children, receiving from their infancy an education agreeable to the laws of the conftitution, grow up to be worthy men, and obfervant of the laws : where the fyftem, both of laws and education, are contrived to produce the virtues of fortitude, temperance, wifdom, and juftice, in the whole city, and in all the individual citizens : where, if among the rulers, or guardians of the laws, there be one furpaffing the reft, it may be called a monarchy, or kingly government, if there be fcveral, an ariftocracy. Although there is but one principle of virtue, thofe of vice are infinite ; of which there are four which delerve to be mentioned. There are as many fpecies of foul as there are of republics: five of each. That which is above dekribed is one. In the eighth book of his Republic he defcribes the other four, and the revokuioiis from one to another. The firft he calls the Cretan, or Spar- tan, or the ambitious republic-, the fecond, oli- garchy; the third, democracy; and the fourth, tyranny, the lall difeafe of a city. As republics are generated by the manners of the people, to which, as into a current, all other things are drawn, of nectfluy there mull be as many fpecies of men, as of republics. We have already, in tlie fourth book, gone over that which we have pronounced to be good and jult. Wc arf Il9^ ^^cieni RepuhlicSy ^c. are now to go over the contentious and ambitious man, who is formed according to the Spartan republic; and then, him relembling an oligarchy, then the democratic , and then the tyrannic man, that we may contemplate the mod unjuft man, and fet him in oppofition to the moil jufl, that our inquiry may be completed! The ambitious republic is firft to be confidcied : it is indeed dif- ficult for a city in this manner conilitutcd, i. e. like Sparta, to be changed; but as every thmg which is generated is liable to corruption^ even fuch a conjlitution as this i^jHI not remain for ever, hut he dijfolved. (I fhall pafs over a!l the aftrolcgical and myflical whimfies which we meet with fo often in Plato, interfperCed apjong the moft fub- lime wifdom and profound knowledge, and infert only what is intelligible.) The amount of v/hat he fays in this place about numbers and mufic, is, that miflakes will infenfibly be made in the choice of perfons for guardians of the laws; and by thefc guardians, in the rewards and promotion of merit. They will not always expertly diflin- guifh the feveral fpecies of geniufes, the golden, the filver, the brazen, and the iron. Whilft iron Ihall be mixed with filver, and brafs with gold, dilTimilitude, and difcord arife, and generate war, and enmity, and fedition. When fedition is rifen, two of the fpecies of geniufes, the iron and brazen, will be carried away after gain, and the acquifi- tion of lands and houfes, gold and lilver. But the golden and filver geniufes, as they are not in want, but naturally rich, will lead the foul towards virtue and the original conftitution. Thus divided, drawing contrary ways, and living in a violent manner, will not this republic be in the middle, between ariftocracy and oligarchy, imitating, in fome things, the former republic, and in others oligarchy ? They will honour their Tlato] 191 tlieir rulers, their military will abftain from agri- culture and mechanic arts -, they will have com- mon meals, gymnaftic cxercifes, and contefts of war, as in the former republic ; but they will be afraid to bring wile men into the magiftracy, be- caule they have no longer any fuch as are truly fimple and inflexible, but fuch as are of a mixed kind, more forward and rough, more fitted by their natural genius for war than peace, efteeming tricks and ftratagems , fuch as thefc fliall defire wealth, and hoard up gold and filver, as thofe who live in oligarchies. While they fpare their own, they will love to fquander the fubftance of others upon tlieir pleafures : They will fly from the law, as children from a father, who have been educated not by perfuafion but by force. Such a republic, mixed of good and ill, will be mofl: remarkable for the prevalence of the contentious and ambitious fpirit. What now fliall the man be, correspondent to this republic ? He will be arrogant and rough towards inferiors ; mild towards equals, but ex- tremely fubmiflive to governors-, fond of dignity and the magiftracy, but thinking that political management, and military performances, not elo- quence, nor any fuch thing, fhould entitle him to them: while young he may defpife money, but the older lie grows the more he will value it, becaufe he is of the covetous temper, and not: fincerely aflecled to virtue and reaion. Such an ambitious youth refcmbles fucii a city, and is formed fomehow in this manner: His father, a worthy man, in an ill-regulated city, fliuns ho- nours, and magiftracies, and law-fuits, and all pub- lic bufmefs, that, as he can do no good, he may have no trouble. The ion hears his mother venting her indignation, and complaining that 192 ^Ancient Repuhlics, ^c'. fhe is negle6led among other women, becaufe her liufband is not in the magiftracy, nor attentive to the making of money ; that he is unmanly and remifs, and fuch other things as wives are apt to cant over concerning fuch hufbands. The do- meftics too privately fay the fame things to the fons, ftimulating them to be more of men than their father, and more attentive to their money. When they go abroad they hear the fame things^ and fee that thofe who mind their own affairs are called fimple, and fuch as mind not their affairs are commended. The young man comparing the condudl, fpeeches, and purfuits of his father with thofe of other men, the one watering the rational part of his foul, and the others the ccncu- pifcible and irafcible, he delivers up the govern- ment within himfelf to a middle power, that which is irafcible and fond of contention, and fo he be- comes a haughty and ambitious man. We have now the fecond republic, and the fccond man. This fecond republic will be fucceedcd by oligarchy, founded on men's valuations, in which the rich bear rule, and the poor have no fliare in the government. The change from the ambi- tious republic to oligarchy is made by that trea- fury which every one has filled with gold: for firfl of all they and their wives find out methods of cxpence, and to this purpofe ftrain and dilpb, y the laws, one obferving and riva'ling another, the generality become of this kind ; and proceeding to greater defires of making money, the more ho- nourable they account this to be, the more will virtue be thought difhonourable. Virtue is fo different from wealthi that they always weigh againft each other. Whilfl wealth and the wealthy are held in honour in the city, both virtue and the good muft be more difhonoured, and what is honoured Plato. 193 honoured is purfued, and what Is difhonoured is negleded. Inftead then of ambitious men, they will become lovers of gain. The rich they praife and admire, and bring into the magiftrftqy, but the poor man they defpife. They then make laws, marking out the boundary of the conftitu- tion, and regulating the quantity of oligarchic power, according to the quantity of wealth ; more to the more wealthy, and lefs to the lefs : fo that he who hath not the valuation fettled by law is to have no (hare in the government. What think you of this conftitution? If we fliould appoint pilots according to their valuation, but never entruft a fhip with a poor man, though better fkilled in his art, we fliould make very bad navi- gation. 'Again, fuch a city is not one, but of neccffity two-, one, confifcing of the poor, and the other of the rich, dwelling in one place, and always plotting againft one another. They are, moreover, incapable to wage war, becaufe of the necefllty they are under, either of em- ploying the armed multitude, and of dreading them more than the enemy, or to appear in bat- tle, truely oligarchic, and at the lame time be vinwiiling to advance money for the public fervice, through a natural difpofition of covetoufnefs. In luch a government almoft all are poor, ex- cept the governors-, and where there are poor, there are ibmewhere concealed thieves, and purfe- cutters, and facrilegious perfons, and workers of all other evils: thefe the magiftracy with dili- gence and force rellrains : thefe arc drones in a city with dangerous (lings. This is oligarchy. Now let us confider the man who refcmblcs it. The change from the ambi- tious to the oligarchic man is chicliy in this man- O ncr : 194- Ancient Repullics, ^c, ner: The ambitious man, has a fon, who emu- lates his father, and follows his fleps ; afterwards he dafhes on the city, as on a rock, wafting his fubftance in the office of a general, or fome other principal magiftracy; then falling into courts of juftice, deftroyed by fycophants, ftripped of his dignities, difgraced, and lofing all his fub- ftance. When he has thus fuffered, and loft his fubftance, in a terror he pufties headlong from the throne of his foul that ambitious difpofition; and, being humbled by his poverty, turns to the making of money, lives fparingly and meanly, and applying to work, fcrapes together fubftance. He then feats in that throne the avaricious difpo- fition, and makes it a mighty king within himfelf, decked out with Perfian crowns, bracelets, and fcepters. Having placed the virtuous and ambi- tious difpofition low on the ground, he reafons on nothing but how lefler fubftance ftiall be made greater, admires and honours nothing but riches and rich people. This is the change from an ambitious youth to a covetous one, and this is the oligarchic man. Democracy is next to be confidered, in what manner it arifes, and what kind of man it pro- duces when arifen. The change from oligarchv to democracy is produced through the infatiable defire of becoming as rich as polTible. As thofe who are governors in it govern on account of their pofTefllng great riches, they will be unwill'ng to reftrain by law fuch of the youth as are dilfolute, from having the liberty of fquandering and wafting their fubftance -, that {o, by purchafing the fub- ftance of fuch perfons, and lending them on ufury, they may ftill become richer, and be held in greater honour. While they negleft education, and l\if?jr the youth to grow licentious, they 1 1 fome- Plato. 105 fometimes lay under a necefTity of becoming poor, fuch as are of no ungenerous difpofition : thefe fit in the city, fome of thiem in debt, others in contempt, hating and confpiring againft thofe who poflfefs their fubftance, and with others very defirous of a change. But the money-catchers, ftill brooding over it, and drawing to themfclves exorbitant ufury, fill the city with drones and poor. They neglect every thing but maki:.-^; of money, and make no more account of virtue than the poor do. When thefe governors and their fubje(5ts meet on the road, at public Ihovvs, in military marches, as fellow foldiers or failors, or in common dangers, the poor are by no means contemned by the rich. A robuft fellow, poor and funburnt, befide a rich man, bred up in the (hade, fwoln With fiefn, and panting for breath, and in agony in battle, thinks it is through his own and his fellows fault that fuch men grow rich, and fays. Our rich men are good for nothing. The city foon grows into fedicion between the oligar- chic and democratic parties; and the poor prevail- ing over the rich, kill fome and banilh others, and fliare the places in the republic, and the magiftra- cies, equally among the remainder, and tor the moft part the magKlracies are dilpofcd in it by lot. \n what maiuicr do thefe live, and what lore of republic is this? A democracy. The city is full of all freedom of action and fpecch, and liberty to do in it what any one inclines: ever/ one will regulate his own method of life in vviuit- ever way he pleafes. In luch a republic v\ill arife men of all kinds. Tliis is the finelt of all republics, variegated like a robe with all kirds ot flowers, and diverfihcd with all lorts of man- ners. The multituJc, ic i:> likely, judge i!iis republic the bed, like childrirn and won-icn gazii-.q; O i a igS Ancient Republics, ^c. at variegated things. In truth it contains all kind's of republics, and it appears neceflary for any one, who wants to conftitute a city, as we do as prefent, to come to a democratic city, as to a ge- neral fair of republics, and choofc the form that he fancies: he will not be in want of models. Is not this a fweet and divine manner of life for the prefent? To be under no neceffity to govern, altiough you were able to govern ; nor to be fubje(5t, unlefs you incline; nor to be engaged in war when others are-, nor to live in peace when others do fo, unlefs you be defirous of peace; and though there be a law reftraining you from go- verning or adminiftering juftice, to govern never- thelefs, and adminifter juftice if you incline? Have you not obferved, in fuch a republic, men condemned to death or banifhment continuing ftill, or returning like heroes, and walking up and down openly, as if no one obferved them ? Is not this indulgence of the city very generous, in mag- nificently defpifing all care of education and dif- cipline, and in not regarding from what fort of purfuits one comes to adt in public affairs, but honouring him, if he only fay he is well afFefled towards the multitude? Thefe things, and fuch as thefe ; are to be found in a democracy ; and it would be a pleafant fort of republic, anar- chical and variegated, diftributing a certain equa- lity to all alike, without diO.indion. Let us confider now the charader of a democra- tical man, and how he arifes out of that parfimo- nious one who, under the oligarchy, was trained up by his father in his manners. Such a one by force governs his own pleafures, which are expen- five, and tend not to making money, and are called unnecefiary. Eating, fo far as conduces to pre- fcrve; life, health, and a good habit of body, is a plea- Plato. 197 pkafureof thenecefiarykind: butthedefireof thcfe things beyond thefe purpofes, is capable of being curbed in youth -, and, being hurtful to the body and to the foul, with reference to herattainingwifdom and temperance, may be called unnecelTary : in the fame manner we fhail fay of venereal defires, and others. We juft now denominated a drone the man who was full of fuch defires and pleafures -, but the oligarchic man, him who was under the neceffary ones. The democratic appears to arife from the oligarchic man in this manner: When a young man, bred up without proper inft:ru6tion, and in a parfimonious manner, comes to tafte the honey of the drones, and aflbciates with thofe vehemenc and terrible creatures, who are able to procure pleafures every way diverfified, from every quar- ter ; thence imagine there is the beginning of a change io him, from the oligarchic to the demo- cratic. And as the city was changed by the afllllance of an alliance from without, with one party of it, with which it was of kin, (liall not the youth be changed in the lame manner, by the alTiiftance of one i'pecies of defires from without, to another within him, which refemble.s it, and is akin to it? By all means. If any afTiftance be given to the oligarchic party within him, by his father, or the others ot his family, adinonifliing and upbraiding him, then truly ariles ledition and oppofition, and a fight within him, with himfelf. Sometimes the democratic party yields to the oligarchic , fome of the defires are deftroyed, others retire, on the rife of a certain modefty in the foul of the youth, and he is again rendered fomcwhat decent. Again, when fome defires re- tire, there are others akin to them, which grow up, and through inattention to the father's in- ifrudions, become both many and powerful, O 3 draw 1 98 Ancient Repuhlics, &c. draw towards intimacies among themfclves, and generate a multitude, feize the citadel of the foul of the youth, finding it evacuated of noble learning and purfuits, and of true reafoning, which are the bed watchmen and guardians in the underftand- ings of men beloved of the gods -, and then falfe and boailing reafonings and opinions, rufhing up in their fiead, pofu-fs the fame place in fuch a one. Thefe fa'.le and boafting reafonings, deno- minating modefty to be fiupidity -, temperance, un- inanlinefs ; moderation, rufticii:y; decent expence, illiberality , thruft them all out difgracefully, and expel them their territories, and lead in in triumph tnfolence and anarchy, and luxury and impu- dence, with encorniupns and applaufes, fhining with a great retinue, and crcvvned with crowns. Inlolence they denominate education , anarchy, li- berty , luxury, magnificence , and impudence, manhood. In this manner, a youth bred up witii the neceffary defires changes into the licentiouf- nefs and remiiTnefs of the unneceiTary and unprofit- able pleafures ; his lire is not regulated by any or- der, but deeming it pleafanr, free, and happy, he puts all laws whatever on a level ; like the city, he is fine and variegated, and mjany men and wo- men too would defire to imitate his life, as he hath in him a great many patterns of republics and of mianners. It remains, that we go over the mofl excellent republic, which is tyranny, and the moPc excellent man, who is the tyrant. The change is from de- mocracy to tyranny, as from oligarchy to demo- cracy. An infatiable defire of riches, and a ne- glecl of other things, through attention to making money, dellroys oligarchy , and an infatiable thirfl: of liberty dellroys deinocracy. When a city is under a detrjociacy, and is thirfting after li- ber ty. Plato'. 199 berty, and happens to have bad cup-bearers, and grows drunk with an unmixed draught of it, be- yond what is necefiliry, it punifhes even the go- vernors, if they will not be entirely tame, and af- ford a deal of liberty, accufinjr them as corrupted, and leaning towards oligarchy. Such as are obe- .dient to magiftrates are abufed, as willing flaves, and good for nothing. Magiftrates who refemble fubjecls, and fubje(Sts who refemble magiftrates, are commended and honoured, both in public and private-, in fuch a city they of ncceffity foon go to the highefc pitch of liberty, and this inbred anarchy dclcends into private families. The fa- ther refcmbles the child, and is afraid of his fons. The fons accuftom themfelves to refemble the father, and neither revere nor ftand in awe of their parents. Strangers are equalled with citizens. The teacher fears and flatters the fcholars, and che fcholars defpife their teacliers and tutors. The youth refemble the more advanced in years, and rival them in words and deeds. The old men, fitting down with the young, are full of merri- ment and pleafantry, mimicking the youth, that they may not appear to be morofe and dcfpotic. The flaves are no lefs free than thofc who purchafe them ; and wives have a perfedt equality and li- berty with their hufbands, and hufbands with their wives. The fum of all ihefe things, colledled together, make the fouls of the citizens fo delicate, that if any one bring near to them any thing of flavery, they are filled with indignation, and can- not endure it ; and at length they regard not the laws^ written or unwritten, that no one whatever, by any manner of mearvs, may become their maf- ter. This is that government fo beautiful and youthful, whence tyranny fprings. But any thing in cxcefs, in anipnal or vc2etabiut wc know not in what manner. The chief magiflrates were annually eledcd by the people. Tne fena- i"' 2 tors 2 1 2 Ancient Democraticd Republics. tors were elected too, and, although it is not cer- tain, it is mod probable, by the people ; but it appears, that three qualifications were indifpen- fable in every fenator birth, merit, and wealth : this laft requifite rendered commerce honourable, even in the firft of the patricians and fenators themfelves, and animated the commercial genius of the nation. This government thus far refem- bles thofe of the United States of America more than any other of the ancient republics, perhaps more than any of the modern : but when we en- quire for the balance, it is not to be found. The fuffetes had not more authority than Roman con- fuls ; they had but a part of the executive power, and none of the legiflative : much of the execu- tive, and all the legiflative, was in the fenate and people."^ The balance then could only be between thefe two. Now it is impofTible to balance two afTemblies, without introducing a third power ; one or other will be moft powerful, and, which- ever it is, it will continually fcramble till it gets the whole : in fad, the people here had the whole, as much as in any of our fiates ; fo that while the citizens were uncorrupted, and gave their votes honeftly for fuffetes and fenators, all went well i and it is extremely remarkable, that with all their acknowledged eagernefs for money, this people were fo many centuries untainted with luxury and venality ; and preferved their primi- tive frugality of manners, and integrity in elec- tions. As to the Roman accufations of infmce- rity, there is no more reafon to believe them, than there would be to believe a Carthaginian who fliould retort the reproach. This, as well as other inftances, may lead us to doubt the uni- verfality of the do(^rine, that commerce corruprs manners. Carthage. 213 manners. There was another remarkable in- fticution, that the fenate fhould always be un- animous , and if any one fenator infilled upon his own opinion, againft: all the reft, there could be no decifion, but by an appeal to the people. This again gave a ftrong democratical caft to the conftitution. Such a tendency could only be balanced by the laws, which, requiring a large fortune for every fenator and public officer, in order to fupport his dignity, and fecure him againft the temptations to corruption, confined the choice to the firft families and abilities united. This was liable to great objeflion ; becaufe great abilities might often be pofTefled by men of obfcurer original, and fmaller property, who were thereby excluded. To this law, neverthe- lefs, may be afcribed the duration of the re- public. Another remarkable check, which was perhaps the original model from whence the Venetian in- quifition was copied, was a committee of one hundred and four members of the fenate, ap- pointed to w^tch the ambition of the great fami- lies. To this body all their admirals and gener rals were required to render an account of their condudl at the end of every year. Out of this body were elected a fub-committee of five, who had very great power : their office was for life; and they filled up their own vacan- cies out of the one hundred and four, and all the vacancies, even in the one hundred and four, out of the fenate-, they had the fupreme tribu- nal of criminal jurifdidtion. This power muft have been terrible to all ; to' the people, fenate, and fuffetes , yet it was the check which pre- ierved the ilate from fedition and convulfions. I' 3 It 214 Ancient Democratkal Repuhlics. It grew unpopular ; and the law which at laft made it annual and eledive, probably laid the foundation of the ruin of the commonwealth, by changing the balance, and introducing the domi- mt'io phhis. The balances in thi?, the moll: demo- cratical n-public of antiquity, contrived by the people themillves to temper their own power, are extremtrly reniarkable : the fuffetes reprefent- ed, like i\\t ccnluls at l\ome, the mnjcfty of the commonwealth, and had a fliare of executive au- thority , tlie council of five had criminal jurifdic- tion, and inouifitorial power j the one hundred and four were a body chofen out of the fcnate, by the five, for their I'upport-, then comes the fenate ar large , and, lalt of all, the people at large. Here are five orders completely diflind:, befides the necelTary k-gal qualification of great wealth : yet all thefe checks, although they pre- ferved the ftate five hundred years, could not prolong its period above \t\t\-\ hundred \ becaufe, after all, the balance was not natural, nor effec- tual. The executive power was not feparatcd from the kgiflative-, nor the different parts of the legiflature properly divided or balanced : the ex- ecutive power and judicial were both chiefly in legiflative hands. The noble families, thus fecured in poffefiion both of legifiative and executive pov/er, could not be reftrained by all the ligaments which had been contrived to preferve the equipoife betVv'een thcmi and tlie people : they divided into two fac- tions, with the family of Hanno at the head of one, and that of Barcas of the other ^ firil at- tacked the council of five, whofe power was un- popular, as well as cdicjs to the r.obles -, eafily procured a ].iw to make that annually elcci.ive, or. Carthage, 215- or, in other words, an inflrument always in the hands of the prevailing fa6lion, as fuch a fmall body, fo changeable, muft ever be , and over- turned the conftitution. The R.omans had all. the advantage of thefe difienfions in the war, by v/hich they finally deftroyed their rival power fo ciFcdually, that fcarce a trace of it remains to be feen, even in ruins. Their virtues were not ex- tinguiilied to the laft, and foine of the greatelt examples of patriotifm and heroifm were exhi- bited even in their expiring agonies. LETTER XXXVI. ANCIENT ARISTOCRATICA]L REPUBLICS. ROME. My dear Sir, lONYSIUS HalicarnafTenfis has not only D given US his own judgment, that the moft perfect form of government is that which con- fifts of an equal mixture of monarchy, ariftocra- cy, and democracy, in the fpeech which he puts into the mouth of Valerius, but has repeated the fame fentiment, in his own name, in other parts of his work. In the fcventh fe<5tion of his fe- CQn4 book of the Roman Antiquities, he fays P4 of 2 1 6 Ancient Arijiocratical Republics. of Romulus, that he was extremely capable of inftituting the moft perfe6l form of govern- ment. And again, " I fliall firft fpeak of the form of government he inftituted, which I look upon, of all others, to be the moft felf-fuffi- cient to anfwer all the ends both of peace and war." This is a mixture of monarchy, arifto- cracy, and democracy, extolled by Polybius -, and is nearly the fame with that of Lycurgus, infti- tuted at Sparta about a hundred years before. As the conftitutions of Rome and Sparta lafted fo many centuries longer than others of Greece and Italy, and produced effcfls fo amazing upon the human charafler, we may rationally afcribe that duration, and thofe eiFecls, to this compofi- tion, although the balance v/as very imiperfefl in both. The legal power, both of the kings and people, in both, were uneoAial to that of the fe- nate, and therefore the predominant character in both was ariftocracy. In Sparta, the influence of the nionarchy and democracy was derived chiefly from the oath taken by the kings and ephori to fupport each other, -An authority founded thus in opinion, in religion, or rather fuperftition, not in legal power, would keep the fenate in feme awe, but not in any certain re-, ftraint. Romulus divided all the people into three parts, and appointed a perfon of the firft rank to be the chief of each of them. Then he fubdi- vided each of thefe into ten others, and appoint- ed as many of the braveft men to be the leaders of thefe. The greater divifions he called tribes, and the lefler curiae : the commanders of the tribes were called tribuni ; and thofe of the cu- riae, cunoqes, He then divided th? land into thirty Rome, 217 thirty portions, and gave one of them to each curia. He diftinguiflied thofe who were eminenc for their birth, virtues, and riches ; and to thefe he gave the name of fathers. The obfcure, the mean, and the poor, he called plebeians, in imi- tation of the government at Athens, where, at that time, thofe who were diftinguiflied by their birth and fortune were called " well-born," to whom the adminiftration of government was com- mitted ; and the reft of the people, who had no fliare in it, *' hufbandmen." Romulus appoint- ed the patricians to be priefts, magiftrates, and judges. The inftitution by which every plebeian was allowed to choofe any patrician for his pa- tron, introduced an intercourfe of good offices between thefe orders, made the patricians emulate each other in afts of civility and humanity to their clients, and contributed to preferve the peace and harmony of Rome in fo remarkable a manner, that in all the contefts which happened for fix hundred and twenty years, they never pro- ceeded to bloodfhed. The king, according to the inftitution of Romulus, had feveral important funftions, viz. I. Supremacy in religion, ceremonies, facrilices, and worfliip. 2. The guardianlliip of the laws, and adminiftration of juftice, in all cafes, whe- ther founded on the law of nature, or the civil law : he was to take cognizance of the greateft crimes in perfon, leaving the Icfler to the fenate j and to oblerve, that no errors were commitred in their judgments : he was to affemble both the fe- nate and the people ; to deliver his opinion firft, and purfue the relolutions of the majority. Ro- mulus, however, wifely avoided that remarkable Spartan abfwrdity, of two kings. The 1 1 8 .^ncient Arijiocratical Repuhlics^ The fenate were to deliberate, and determine, by a majority of votes, all queftions which the Icing fnould propofe to them. This inftitution alfo Romulus took from the conftitution of the Lacedaemonians. The kings, in both conftitu- tions, were fo far from being abfolute, that they had not the whole executive power, nor any ne- gative upon the legiflature ; in fhort, the whole power of the government was veiled in the fe- nate. The people had three privileges ; to choofe magiftrates (yet all the great employments muft be confined to the patricians) j to enadt laws ; and to determine concerning war, when propofed by the king : but the concurrence of the fenate be- ing neceifary to give a fanftion to their decifions, their power was not without controul. To fsparate the executive from the legiflative power, and the judicial from both, and to give the king, the fenate, and people, each a negative in the legiflature, is fo fmiple, and to us appears fo obvious an improvement of this plan, that it is furprifing it did not occur to Romulus, as well as to Lycurgus : but, in thofe early times, per- haps neither kings, nor nobles, nor people, were willing to have their prerogatives and privileges fo exadlly afcertained. The nobles, in both na- tions, had almoft all the influence, and were no doubt as jealous of royal as they were of popu^ lar power. It is certain that, although the go- vernment was called monarchical, it was in rea- lity ariftocratical in an high degree. There is a remarkable example of ariftocratical art, in the manner of obtaining the determination of the people : they were not permitted to vote in one common affembly j they were called in their cu- Rome. 219 rins ; the majority of votes in a curia decided its voice-, and a majority of curias was the refolve of the whole people. Had Romulus died in peace, and lefc a Ton, his monarchy would probably have defcended in his family ; but a conteH; arofe immediately here (as it has done in all other nations where the peo- ple had not a negative, and where the executive power has been partly in the hands of a king, and partly in a fenate) betv/een the king and the nobles , and Romulus was put to death by the patricians, for aiming, as they pretended, at more power than his fliare. This enabled the patri- cians to carry their firft point , for it is always the firH: point of the ariftocracy to make the firft magiftrate elective : in this they are always at firft joined by the people , but, after feeing the ufe which the nobles make of thefe eledlions a few times, the people themfelves have always made it hereditary. Numa was chofcn, a man of peace, piety, and humanity, v/ho had addrefs enough to make the nobles and people believe that he was married to the goddefs Egeria, and received from his celef- tial conforc all iiis laws and meafures. TuUus I-Joftilius, a man ot great merit, was chofen in his ftead ; but after a glorious, at leaft a viftorious, reign of thirty-two years, was mur- dered by the patricians, headed by Ancus Mar- cius, grandfon of Numa by his only daughter, who thought his family-right prior to that of TuUius. Ancus was elc*5lcd king, and died a natural death. Liicius Tarquinius, after a reign of thirty- eight years, in which he had enlarged the terri- tory, beautified the city, and fhewn himfelf wor- 220 Ancient Arijiocratical Republics . thy of the crown, was aflafllnated in his palace by the two Tons of Ancus Marcius, who had learned the family policy : but their project was unfortunate ; the people loved Lucius, executed the inllruments of the murder, baniihed the two fons of Ancus, and confifcated their eftates. Servius Tullius, who had married the daugh- ter of Lucius, was now elevated to the throne by the people, much againfl the will of the fe- nate and patricians, becaufe Lucius was not one of them, but of Greek extraftion. Tullius was chiefly fupported by the people, always difagre- able to the patricians, who held his advancement to the throne to be illegal. The adminiftration of Tullius is an artful fyftem of duplicity, to preferve his chara6ler, of the man of the people, and, at the fame time, appeafe the fury of the patricians, by really undermining the aiuhority of the people, and throwing the whole power into their hands. In purfuance of his prin- ciple to pleafe both fides, he made excellent equitable regulations for rcgiftering the people, eftablifhing a militia, and proportioning the bur- dens of war according to the property and abi- lities of all ranks ; but he fubdivided the fix clalTes into one hundred and ninety-three cen- turies : the firfl clafs was compofed wholly of the rich, and contained ninety-eight of the cen- turies. If the centuries of the firft clafs were unanimous, as they generally were, they carried every point by a majority of three ; if they dif- ao-reed, the centuries of the fecond clafs were called i if they difagreed, the third came for- ward J and fo on, till ninety-feven centuries a- arced: if the numbers continued equal, ninety- fix to ninety-fix', the fixth clafs was called, which was compofed wholly of the pooreft people, and contained Rome, 12 1 contained but one century -, but even the votes of the fourth clafs were rarely called for, and the votes of the fifth and fixth were generally ufelefs. When the people voted by curias, the vote of every citizen was given, and, as the poor were moft numerous, they were always fure of a large majority ; but when thus taken by centuries, that numerous body of the poor, which compofed the fixth century, were wholly infignificant, and thofe of the fifth and fourth very nearly fo. By chang- ing the votes from curias to centuries, Tullius wholly changed the fundamental conftitution, and threw the cleftions of magiftrates civil and mili- tary, the power of enabling and repealing laws, declaring war, and making peace, all into the power of the rich patricians. The people had not fenfe enough to lee this , nor to lee another thing of more importance, viz. that the king had been driven to the necelTity of this artful flattery of the patricians, by his not being independent of them, and by their fiiaring with him in the executive power. Tullius had two daughters, married to the grandfons of +iis predeceflbr, Aruns and Tarquinius. The patricians were llill caballing againlt Tullius, and (cz up Tarquin, one of his Ibns-in-law, againil him ; but as a ma- iority were not tor his drpofition, Tarquin and his impious and inceftuous wife joined the cabal in the murder of her firlt hufbind and Iier father. Tar- quin, in time, murdered on all hands, patricians and plebeians. lie was expelled by Brutus. This whole hiltory, from Romulus to Tarquin, is one continued (Irugglc ol the noble families for the firft place; and another unanfwerable proof of the necellUy of having t'nree orders, and each order independent, in orJer to form an ef- fectual equilibrium. The people were very little regarded 622 Ancient Arijiocratical Republics, regarded by the fenate or patricians ; the kings only now and then courted the people for fup- port againft their rivals among the patrician fa- milies. The tyranny of Tarquin made the name of king odious and unpopular : the patricians, who were the principal conduftors of the revolu- tion, took advantage of this ; for what ? To reftore and improve Romulus's plan of a mixed government ? No ; but to eftablilh their favou- rite ariftocracy upon the ruins of monarchy. Two confuls, in imitation of the two Spartan kings, were to be eledted annually, by the votes of the people, which carried the name of a democratical power ; but the votes were taken by centuries, jiot by tribes, which made the patricians mafters of the elcdlions, and conftituted an ariftocracy in reality. From this moment a haughty faction of felfifii patricians appears, who afl'ecled to defpife the people, to reduce them to fervitude, and ef- tablifh a defpotic oligarchy. The people had fuf- fered their prejudices to blind them fo far as to be tricked out of their king, who was at leaft a bet- ter friend to them than the patricians were, and now the contefts were wholly between patricians and plebeians : the former had now got the con- fuls, and confequently the executive power, as jmuch in their hands as ever the nobles in Venice had their doge, or as the nobles in Poland have their king. The plebeians were now in a moft wretched fituation. They were obliged to ferve in the wars, to keep out theTarquins and their allies, at their own expence, which frequently obliged them to borrow money at exorbitant intereft of the patri- cians, who had engrofled the greater part of the wealth ; and, as the country was often ravag^ed by the enemy, many loft all their effccls. Un- able Rome. 223 able to pay the principal, with accumulated loads of intereil upon intereft, they were frequently confined by their creditors in chains, and Icourged with whips ; for the law, to which they had fool- ifhly confented, had made the debtor a (lave to the creditor. The people began to demand an abolition of debts ; the Ibnate appointed a difla- tor. A confufion of foreign wars and domeftic diflenfions enfues, till we come to the (lory fo feeautifully told by Livy and Dionyfius, of the man who had been in twenty-eight battles, who appeared before the people, and Ihewed on his back the bleeding fears inflicted by a mercilefs creditor. At this time the patricians had plunged into their ufual difficulty, a violent conteft among themfelves, between a furious headlong party which always appears for an oligarchy, and the moderate men, who defire to continue the ariilo- cracy , the young patricians generally follow the haughty Claudius, and the mild Valerius courts the people. The olip;archy prevails, and the de- cemvirate is cftablirticd : their tyranny drives the people to the f'acred mountain ; and, at laO:, the tribunate was eilablifhed. Here is the firft fymp- tom of any fyftem purfued by the people : this was a balance but what kind of balance ? No- body thought of another council, a houfe of re- prelentatives, who fliould have a negative; and, if they had, it would not have availed without a king i for iuch a new aflembly would loon have been either wholly fubje^ficd to the fcnate,or would have voted it ufelefs. In truth, the monarchical power being fuppreffed, and the executive autho- rity, as well as legiflative, b-ing now only in the fenate and people, a ilruggle commenced between thefe two. Tlic 2^4 Ancient Arijlccratkal Republics] The people were on the fcramble for more powers and firfl: obtained a law, that all laws pafled in their aflemblies by tribes, fhould have equal force with thofe made in the aflembly by centuries ; then, that all pofts and dignities fhould be enjoyed by the plebeians equally with the pa- tricians ; and that the decrees of the people fhould have the fame force, and affeft the patricians in the fame manner, as thofe pafled by the fenate. All this was very juft, and only brought the de- mocracy to an equality with the ariftocracy ; but whenever thefe two are equal in legal power, numbers will foon turn the balance in favour of the democracy, unlefs there is a third power to intervene. Accordingly it fo happened, and the people went on from ftep to ftep, increafing their own importance, and diminifhing that of the fe- nate, until it was found fhut up in Utica; bur, before this, the people were divided into parties, and Csefar, at the head of one, pafled the Rubi- con, that is, fet the mod facred law of his coun- try at open defiance. From this time the govern- ipjcnt became a government of men, and the worfl of men. From this example, as from all others, it ap- pears, that there can be no government of laws without a balance, and that there can be no ba- lance without three orders ; and that even three orders can never balance each other, unlefs each in its department is independent and abfolute. For want of this, the fl:ruggle was firft between the king and fenate , in which cafe the king muft always give v;ay, unlefs fupported by the people. Before the creation of tribunes, the peo- ple were in no fenfe independent, and therefore could not fupport the kings. Afier the aboli- tion of kings, the fenate had no balance either way. Radius] '2.1 S "^ay, and accordingly became at once a tyran- nical oligarchy. When the people demanded their right, and obtained a check, they were not fatisfied ; . and grafped at more and more power, until they obtained all, there being no monarchi- cal power to aid the fenate. But the moment the power became colleded into this one center, it was found in reality fplit into three; and as Caefar had the largeft of the three fliares, he in- ftantly ufurped the whole. LETTER XXXVII. ANCIENT MONARCFIICAL REPUBLICS. TACITUS. Dear Sir, EFORE we proceed to the Greeks, we may B even mention the favages. Every nation ia North America has a king, a fenate, and a peopled The royal office is eleftive, but it is for life; his fachems are his ordinary council, where all the national affairs are deliberated and refolved ia the firft inftance : but in the greateft of all, which is declaring war, the king and fachems call a national afiembly round a great council fire, communicate to the peopie their refolution, and facrifice an animal. Thofc of the people who approve the war, partake of the facrifice ; throw ihc hatchet into a tree, after the example of the Q. king; 22.6 Ancient Monr.r'chkal Repuhlics. king ; and join in the fubfequent war fongg and dances. Thofe who difapprove, take no part of the facrifice, but retire. ANCIENT GERMANS. The ancient German nations mentioned by Ta- citus, had among them st leaft two forts of govern- ments. One was monarchy; and the king was ab- folute, as appears by thefe words: " Exceptis iis " gentibus quae regnantur , ibi enim et fuper inge- *' nuoSjCt fuper nobiies, afcenduntliberti: apud ce- " teros, impares libertini, libertatis argumentum*. The other fpecies of govcrnnient was ariftocracy \ for though there was a mixture of monarchy, arif- tocracy, and democracy, yet th'e power of the king and people was fo feeble, and that of the nobles, as comprehended under the titles of princes, dukes, and counts, w^as fo pedominant, that the govern- * There cannot be a ftronger proof than this, that the monarchy was of the mcll abfolute kipd, that it was indeed a fimple defpotifm ; and Tacitus himfelf gives the explana- tion of it, in his account of the origin of this kind of fla- very. " Aleam fobrii inter feria exercent, tanta lucrandi *' perdendive temeritate, ut, cum omnia defecerunt, ex- *' trcmo ac noviffimo jaftu, de libertate et de corpore *' co'ntendant. Viftus voluntariam fervitutem adit ; quan- ** quam junior, quanquam robuftior, alligari fe ac venire *' patitur: ea eft in re prava pervicacia ; ipfi fidem vocant. Servos conditionis hujus per commercia tradunt, ut fe " quoque pudore vidoris exfolvant. Liberti non multum " fupra fervos funt, raro aliquod momentum in domo, nun- ** quam in civitate, exceptis duntaxat iis gentibus qua; " regrantur," &c. If in thefe nations thofe freedmen, who were nothing in the others, neither in the family or the ftate, were held in more ellimation, and advanced to more power, than the citizens, e\en than the nobles, thefe kings inuft have been defpots, in the ftridtell fenfe of the word ; otherwifc neither nobles nor people would have fuffered the iodignity. mcnt Tacitus.. 247 ment muft be denominated arlftocratical. " De " minoribus rebus principes confultant, de majori- *' bus omnes; ita tamen, ut ea quoque, quorum penes " plebem arbitrium eft, apud principes pertra6lcn- '* tur." If thofe things which were m.ofl clearly in the power of the people, were firft difcuffed among the nobles, the reference to the people after- wards feems to have been rather a communi- cation to them of the refult of the fenate, than a fubmifiion of it to the popular judgment. The nature and extent of the royal dignity and authority, appears from thefe words : " Reges " ex nobilitate fumunt-, nee regibus infinita aut " libera potcftas." Kings were taken from the nobility, or kings were chofen for their noble de- fcentj fo that ordinarily the office defcended to the next of kin : but it is here exnrefsly afcertained that their power was neither unlimited nor inde- pendent. They had no negative, and might in all things be over-ruled, at leaft by the nobles and people conjointly. The nature and extent of the ariftocratical dis- nities and authorities, may be coUefted from what follows: *' Duces ex virtute fumunt; et duces exem- " plopotiusquamimperio, fi prompti, ficonfpicui: *' fi ante aciem agant, admiratione pr^efunt." The feudal hierarchy, even in thcle early times, was fully cftabliOied, although it was afterwards enlarged. The titles of dukes and counts, the rank and power they conferred, defcended in families, although there was the bare formality of an tledlion in the grand council. *' Arma liimere, non ante cuiquam moris, " quam ci vitas fufi'e^lurum probaverit: turn, in ip- " lb confilio, vel principum aliqiiis, vel pater, vel *' propinquus, fcuto tramcaque juvtnem ornant. *' Infignis nobilitas, aut magna patrum meritii, *' principis dignationcm etiam adolcfcentulis af- (^2 ^'fignant.': 22S Ancient Monarchical Republics, " fignant." " When the young men were firft ad- " mitted into public fociety, it was in the great " council i when fome one of the dukes, or the *' father, or other relation, adorned the youth *' with arms. And if he is of very noble birth, " or his father has great merit, the dignity of a *' duke is affigned to him, young as he is." From this it is pretty clear that the crown, as well as the titles of dukes and counts, defcended in the family line-, although the formality of an ad- mifllon into council was kept up. The nobles, among whom the king was little more than the iirft among equals at leaft he was not more fu- perior to the dukes, than the dukes were to thf^ counts had the game in their own hands, and managed a rude people as they plealed. This will appear probable from other paffages : " Cas- " teris robuftioribus, ac jam pridem probatis, a^- " gregantur , nee rubor inter comites afpicf, " gradus quinetiam et ipfe comitatus haber, *' judicio ejus quern feclantur. Magnaque et *' comitum a^mulatio, quibus primus apud prin- ** cipem Ilium locus ; et principum, cui plurimi " ct acerrimi comites. Hasc dignitas, has vires, *' magno femper ekflorum juvenum globo cir- *' cumdari, in pace dccus, in bello prsfidium j *' nee folum in fua gente cuique, fed apud fini- " timas quoque civitates, id nomen, ea gloria *' elf, fi numero ac virtute coniitatus emineatj *' expetuntur enim legationibus, et muneribus or- " nantur, et ipfa plerumque fama bella profli- *' gant. Cum ventum in aciem, turpe principi *' virtute vinci, turpe comitatui virtutem princi- *' pis non adiEquare. Jam vero infame in omneni *' vitam, ac probrofum, fuperftitem principi fuo *' ex acie receffiife. Ilium defendere, tueri, fua " quoque fortia fada glori ejus affignare, prce- !' cipuuin (I TacUus. 229 cipuum facramenturn eft. Principes pro vic- toria pugnant, cornites pro principc. Si civi- tas, in qua orti funr, longa pace et otio torpear, plerique nobilium adoleicentiuin petunt ultro eas nationes quns timi bellum aliquod gerunc j quia ct ingrata genti quies, ec tacilius inter ancipitia clarefcunr, magnucr.que comitatum non nifi vi bellocue tucarc : exi^unt enim * principis fui libt^ralicate ilium bellatorem *' equum, illam cruentam viclricenique fra- *' meam : nam epulas, et quanquam incompti, " largi, tamen, apparatus pro ftipcndio cedunt ; *' materia magnificentice per belia et raptus. Nee arare terram, aut expedlare annum, tani facile perfuaferis quani vocare hoftes, et vulnera mereri ; pigrum quinimo et iners vi- detur, fudore acquirere quod pofTis languine parare." "When the foregoing ties, by which the people or the common Ibldiers were attached to the nobles, and the young and inferior nobles to the fuperior, are confidcred, a better judgment may be formed of the authority which the people really had in the "rand council or national af- fembly. The powers and privileges of the people, in aflembly, appears from the following palfages : Coeunt, nili quid tortuitum et fubitum incide- *' rit, certis dicbus, cum aut inchoatur luna aut *' implctur -, nam agendis rebus hoc aufpicatilTi- " mum initium creduiit. -Illud ex libertate vi- tium, quotl non f, mill nee jujji convcmimt^ fed ec " alter et tertius dies cunctatione coeuntium ab- *' fumitur." By this it llioulJ feem that the peo- ple were lb far from eltccming the pi ivilcgc of irecting, that the king a;, U nobles could fciucely ;_^'.'t thi>ctimes they exercifed judicial power. Monar- chies were generally herediiary \ yet a right of the nation to interfere, and ah:cr the fucceilion, \i admitted. The right of the ions of the ar;,ho;i3, to fucceed to their ellatcs and difiridts, was an agreed point among them ; but tliclc very arclions ciiofe to keep open to competirion rhe fliccc'iion Homer, 247 to the throne, fo that there might always be room for the pretenfions of the mod' powerful, who would cafily make themfelves thought the moil worthy. The moft celebrated kings, when ad- vanced in years, and unable uo luftain tlie fatigues of war, and cares of government, were obliged to refign their power. The anxiety of Achilles, ex- preiicd to UlyfTes in the ihadcs, is a proof of this. Say if my fire, the reverend Peleus, reigns Great in his Pthia, and his throne maintains ? Or, weak and old, my youthful arm demands To fix the fceptre Itedfaft in his hands ? Oh might the lamp of life re-kindled burn. And death releale me from the filent urn ! This arm, that thunder'd o'er the Phrygian plain. And Iweli'd the ground with mountains of the ilain. Should vindicate my injur'd father's fame, Crulh the proud rebel, and affert his claim. Od. ii. 60^, Kings and their families, claiming their defcent n:-.d power from Jupiter, contended very natu- rally and confiilently that the one was heredi- tary, and the other abfolute ; and accordingly, v/hen the prince who fwayed the Iceptre was active, brave, and able, he kept the archons in :v.ve, and governed as he pleafed : but when he was feeble, the archons grew ambitious, difputed tiie fuccelfion, and limited tiie royal power. To tl.is end both they and the kings, or heirs of kings, lometimes looked to the people, and fccmed to admit in them a right to be prefent R 4 at 'tjfi ^Ancient Monarchical Republics. at the religious ceremonies by which the will of Jupiter was to be declared ; for all parties agree, that the will of Jupiter confers the fceptre, not the mere eleftion of the people. The right of primogeniture was favoured by popular opinion, as well as hereditary defcent, becaufe the family was the family of Jupiter, re- lated to him, and defcended from him by blood; and it was natural to fuppofe, that Jupiter's in- clinations for defcent and primogeniture refembled thofe of other fathers of families. The chiefs, who are all called kings, as well as the head of them, or archons, were like the Teutonic counts or feudal barons, who exercifed royal rights within their own diftrifts, flates, or feparate territories. This principle preferved the real and legal power chiefiy in their hands, and conftitu-.ed the whole government more properly an ariftocracy than a royalty. This gave an un- controulable pride to thefe nobles, which could not willingly fubmit to the pretenfions of the kings (as reprefentatives of Jupiter) to omnipo- tence, at lead to unlimited pov/er. Hence the continual ftruggle between the kings and archons, from Homer's time to that great and memora- ble revolution throughout Greece, from monar- chy to ariftocracy; that is, from kmgs to archons. The people not yet poffefling nor claiming an authority fufRciently regular and independent to be a check to monarchy or ariftocracy, the latter at laft prevailed over the former, as it ever did and ever v/il], where the conteft is merely between thefe two. The people, only in extraordinary cafes, in the moft eliential matters, and when the chiefs were gfpatly divided, were at all confulted ; yet, in the courle Homer I 24^ courfe of the ftruggle between the kings and ar- chons, the multitude were fo often called upon, and fo much courted, that they came by degrees to claim the whole power, and prepared the way, in many of the Grecian dates, for another fubfequent revolution, from ariftocracy to demo- cracy. Through the whole of Tacitus and Horner^ the three orders are vifible both in Germany and Greece -, and the continual flu6luations of law, the uncertainty of life, liberty, and property, and the contradidory claims and continual revolu- tions, arofe entirely from the want of having the prerogatives and privileges of thofe orders defined, from the want of independence in each of them^ ^nd a balance between them. LETTER XL: Ancient aristocratical republics. Lacedtemoj^, My dear Sir, FROM the days of Homer to thoTe of Licur* gus, the governments in Greece were mo-, narchicai in name and pretenfion, but ariftocra* tical in reality. The archons were impatient of regal government, conftantly ftruggling againft their kings , and had prevailed in every other city, except 2^0 Ancient Arifiocratical Republics. except Sparta, to aboli fn the royal authority, and fubilitute an ariftocracy of archons in its place. In Laceda^mon, too, where there were eight-and- tv/enty archons contending againft two kings, tiiey had brought the whole country into the urmoil confufion. The circumftance of two kings, which perhaps prolonged the regal power longer in Sparta than in any other city, originated in the fondnefs of a mother. Ariiiodemus, one of the defcendants of Hercules, to whofe fnare Laconia fell, upon the divifion of the Peloponnefus, after the return of that family from banilliment, leaving twin fons, Eurifthenes and Procles j their mother refufing to determine which had the right of pri- mogeniture, it v/as agreed that both Ihould fuc- ceed to the crown with equal authority, and that the pofterity of each fhould inherit. The nobles took advantage of all the jealounes which aroie between the two famJlies, obliged each to court them, and from time to time to mmke them con- ceffions, until the royal authority was loft ; .-.nd as the archons could not agree, each party now began to court the people, and univerfal anarchy prevailed. Lycurgus, of the family of Procles, and only in the tenth defcent from Hercules, fucceeded his brother Polideftes ; but being told his brother's widov/ was with child, he declared himfelf pro- teclor only, and refigned the crown. Such a dif- interefted indifference to a crown in any one of royal or noble blood, was fo unexampled in that age, that no wonder it was much admired and very popular. The ambitious princefs, his filler, offered to marry him, and remove out of his v.'ay the only competitor, by procuring an abortion. He deceived lier by counterfeited tendernefs ; and diverted her from the thoughts of an abortion, by prominn;.^; Laced^emcn. 251 promifing to take the difpofition of the child up- on himlclt when it (hould be born. The infant was lent to him, when at Tapper with the principal magifcrates: he took it in his arms, and cried, "A " king, Spartans, is born to you," and placed it in his own I'eat. The company were touched at the tenderncls ot the fcene, and fell into a tranTporc of enthufiaim, both of piety to the blood of Her- cules, and admiration of the difinterefted integrity of Lycurgus, who, like an able flatefman, per- petuates the memory of the event, and the joy at it, by the name with which, upon the fpot, he chrillens the boy, Ciiarilaus, the peoples joy. But all this exalccd merit, added to nis aci^nowledged divine defcent, and the undoubted poiTcffion of royal power, were not fufficient to ovcr-avvc the jealouiy of the nobles, a ilrong parry of whom joined the irritated c]ueen and her broth'.^r, and railed continual factions againll him. Weary of cabals, and fcimulated with a thirfh for knowledge, he determined to travel ; vifited Crete and Eo;vpt, the two Iburces of the theology and pohcy of Greece i and brought home wirh him, on his re- vwn to his own country, Thak^s the poet, and the writings of IJomer, with the refoiution of adopting the martial difcipline and political liber- ty whiCii he read in the poet, and had leen cxrrn- plif;cd in Cre:e. Nothing could be better cal- cukued than his two poets, to infpire the nation witii ti.at enthuliafm which he wanted, and con- firm tiie belief, that kings were from Jupiter, and beloved by him, ex-.ejning the reip;;nle of the oracle, vvhich he took care to procure : " VVel- con-;c, Lycurg'js, to th.is liappy place ; thou tavourite of Heaven ! 1 itanu in dcjubt whetiier I ihaii pron()U[ice ihee god or man : mclining iliii to thiniv uhuu art a god ! " Herodotus. The 252 Ancient Arijlocratical Republics. The diforders in Sparta were now become infiip- portable ; the kings had as little authority as the laws. All parties, except the tv/o kings, in de- fpair of their private fchemes, applied to the great legiflator, pointed out to all, by his divine origi- nal, the infpiration of Homer and Thales, his own integrity, wifdom, knowledge, and com- manding authority over the minds of men, as well as his fpecial divine mifHon pronounced by the oracle, to be the only man capable of new- jnodelling the conftitution. In Crete he had acquired a deep infight into human nature, at lead he had informed himfelf fully of the length and breadth, the heighth and depth, of the pafTion of ambition in the human heart -, that complication of affections, which is called by fo many names j the love of efteem, of praife, of fame, of glory ; that fenfe of honour ir\ which Montefquieu tells us monarchies are found- ed; which Tacitus tells us made the ancient Teu- tons fubmit quietly to be fold by their inferiors, when they had gambled away their liberty, which at this day enforces fo punctual a payment of debts of honour contracted at play *, which fup- ports againft all laws throughout Europe the cuftom of duelling, and produces more fuicides than any other caufe; which is commonly known by the denomination of the point of honour^ and may with as much propriety be called ambition , Lycurgus appears to have underitood better than any other legiQator, and to have made the founda- tion of his inititution : for this reafon, Plato with great propriety calls it " The ambitious Re- public." Lycurgus in fecret confulted the nobles, but not the kings , formed a powerful party, called an. affembly of the people, before whom his friends appeared Lacedismon. 255 appeared in arms. Charilaus and Archllans were not in the fecrer, but found themfelves obliged to lubmit. What is all this but a body of nobles completing, by the aid of Lycurgus, that aboli- tion of monarchy which they had been purfuing for ages,, unreftrained by any legal check in the people, and unrefifted by any adequate power in the crown ? But what was his new inflitution ? In compliance with old prejudices, and from attachment to his family, he confirmed the two faniilies on the throne, eftablilhed the hereditary defcent of the crown, but limited its authority. The kings were to continue high priefts, to be commanders in chief of the armies, and prefidents of the fenate. Charilaus and Archilaus, terrified by the fate of all the other kings of Greece, agreed to accept of a certain, though limited au- thority, in lieu of pretenfions more abfolute, and more precarious. The ancient dignities of the nobles were con- firmed and enlarged: a fcnate of eight-and-twenty of their chiefs was formed, at the head of whom the two kings were placed. To the people he committed the election of future fenators : but as the prefent twenty-eight were for life, and the influence of kings and fenators would be com- monly ulcd with great unanimity, in favour of the eldeft fon, to fill up a vacancy made by the death of iiis lather ; and as tlie people were noc permitted to debate, their choice was perhaps little more than a confent by acclamations to a nomination made by the king, and amounted to the fame thing with an hereditary houfe of peers. To this fcnate the whole executive power was committed, and the molt important part of the leQ-iQative ; for as all laws were to originate there only, they had a negative before debate. Here is 254 Ancient Arijiocratlcai Republics. is indeed all authority nearly collefled into one center, and that center the nobility, for the king was but the firft among equals, having no nega- tive upon the fenate. It the legiflature had refted here, his inititution would have been in effedt a fimple hereditary oligarchy, pofitfTed of the whole legifl^tive, executive, and judicial pov/er, and probably as reillefs as ever, to reduce the kings 'to elections for life, or years, and then to take from them the power of religion, the command of armies, and then to change the title from king to archon, or from the family of Hercules to other houfes. Wirh a view to counter- balance this dangerous authority, he inftituted affemblies of the people, but intruited them only with the power of confirming or rejecting v/hat the fenate propofed, and expreisly forbade them all debate. The citizens were to give their fimple ayes or noes, without being allowed to fpeak, even Jo far as to give a reafon for their vote. He in- ftituted moreover, as a farther check upon the fenate, five magiilrates to infpecl the adminiftra- tion, and maintain the conftitution ; to convoke, prorogue, and diilblve both the greater aifembly of the people, compofed of nine thoufand inhabi- tants of the city, and the lefTer, confifting of thirty thoufand inhabitants of the country or infe- rior villages. Thefe magiftrates v/ere called the ephori, and vv'ere to be annually appointed. But the lawgiver faw that the king and people were both too wenk, and the fenate would ftill have power to fcramble after both ; he therefore con- trived a kind of folemn alliance to' be perpetually renewed between x'nc. mop^archical and democrat!- cal branches, by v/iiich the ienate might be awed into moderation. He ordered an oath to be taken every month, by the kings and the ephori : the former Laced chiefs, Megacles and Lycurgus, imiting their parties, expelled him , but the con- federated rivals could not agree. Mcgacles pro- poled a coalition with Pififjratu.-, and offered him his dangh'ter in marriage. I'he condition was ac- cepted 5^ Athens. 2/7 cepted ; but the people in afiembly muft be gain- ed. To this end they drefiVd a fine girl with all the ornaments and armour of Minerva, and drove into the city, heralds prochiming before them, " O Athenians, receive Pififtratus, vdiom Mi- nerva honouring above all men, hcrfelf conduds into your citadel." The people believed the maid to be a goddeis, woriliipped her, and received Pi- fiftratus again into tlie tyranny. Is tiiis govern- ment, or the waves of the lea ? But Pifiilratus was loon obliged to retire to Erctria, and leave the party of Megacies mailers of Athens. He ftrengthened his conneflions , and in tiie eleventh year of this his fecond banilhment, he returned to Attica with an army, and was joined by his friends. The party of Megacies met him v^/ith another army, ill difciplined and commanded, from the city ; were attacked by iurprize, and defeated. Pififtratiis proclaimed that none need fear, who would return peaceably home. The known honour, humanity, and clemency of his character, procured liim confidence ; his enemies fied, and he entered tiie city v/ithout oppofition. He made no funda- mental change in the conilitution, though, as head of a porty, he had the principal influence. 1 le de- pendeil urnjn a larce fortune of his own, and a sood underfL ii.wing with Thebes and Argos, to fupporc him in it. lie died \n peace, and left his fon fuccclTor to his indumce. Both his fons, Hip- pias and Hipparchub, were excellent characters ; and arts, agiicuiture, gardening, and literature, as well as Vv^ildom and virtue, were iingularly culti- vated by ti.e whole race of tliele tyrants. 1 lar- modiu=; and ArilcOgeton, however, conipired tiic deatli both of Hip[)ias and iiipparchus; the lat- ter was killed, and ilippias v/as led to feve;iti',s : riany x'Vthenians were put to death, liippias, to i 3 ilrenL^cheii 27 S Ancient Democratical Republics. flrengthen his intereft v^ith foreign powers, mar- ried his only daughter to the fon of the tyrant of Lampfacus. Ker epitaph fnews that the title of Tyrant was not then a term of reproach : " This " duft covers Archedice, daughter of Hippias, in " his time the firft of the Greeks. Daughter, *' filler, wife, and mother of tyrants, her mind " was never elated to arrogance." The oppofite party were watchful to recover Athens, and to increafe their inrertft with the other Grecian ftates for that end. The temple of Delphi was burnt. The Alcira^onidcs, to ingra- tiate themfclves v/ith the oracle, the Amphidyons, and all Greece, rebuilt it with Parian marble, in- Itead of Forine ftone, as they had contracled to do, without afking any additional price. The confequence was, that whenever the Lacedaemo- nians ronfulted the oracle, the aniwer alv/ays con- cluded with an admonition to give liberty to Athens. At length the oracle was obeyed -, and, after fom.e varieiy of fortune, the Alcmasonides, aided by Cleomcnes the Spartan, prevailed, and Hippias retired to Sigeium. It v/as one maxim of the Spartans, conflantly to favour aridocratical power ; or rather, wherever they could, to efiablilh an oligarchy : for in every Grecian city there was always an ariftocratical, oligarchical, and demo- cratical fadion. Whenever the Grecian ftates had a war with one another, or a {edition within them- felves, the Lacedaemonians were ready to inter- fere as mediators. Thf^y conducted the bufinefs generally v^ith great caution, moderation, and fa- gacity , but never loft fight of their view to ex- tend the inSuence of their ftatej nor of their fa- vourite m.eafure for that end, the encouragemjeni: of ariftocratical power, or rather oligarchical : for a few principal families, i.ndebted to Laced^e- mon. Athens. 279 mon for their pre-eminence, and unable to retain it without her afllftance, were the beft inftruments for holding the ftate in alliance. This policy they now propofcd to follow at Athens. Cleifthenes, fon of Megacles, head of the Alcmsonides, was the firft perfon of the commonwealth. Having no great abilities, a party was formed againft him under Ifagoras, with whom moft of the principal people joined. The party of Cleifthenes was among the lower fort, who being all powerful in the general aflembly, he made by their means fome alterations in the conflitution favouring his own influence. Cleifthenes was now tyrant of Athens, as much as Pififtratus had been. In the contefts of Grecian fa6lions, the alternative was generally victory, exile, or death ; the inferior party therefore reforted fometimes to harili expe- dients. Ifagoras and his adherents applied to La- cedasmon. Cleomenes, violent in his temper, en- tered with zeal into the caufe of Jlagoras, and lent a herald to Athens, by whom he iinpcrioufly de- nounced banifhment againll Cleifthenes and his party, on the old pretence of criminality for the cxecu:ion of the partilans of Cyion. Cleifthenes obeyed. Exulted by this proof of a dread of Spartan power, he went to Athens with a ihiall military force, and banilhed fevcn hundred fami- lies at once : fuch was Athenian liberty. He was then proceeding to change the conllitution, to fuit the views of ^Spartan ambition, by diftblv- in .; the council of five hundred, and committing tiie whole power to a new council ot three hundred, all partifans of liaaoras. Atliens was not fo tar humbled. Tiie five hundred rellfted, and excited the people, who flew to arms, and beficg-rd Cleo- menes and Ifagoras in the citadel , who the third day furrcndered, upon condition that theLacediC- T 4 monians 2 So A'rKient Bunocrathsd Republics. monians migl^.t depart in i^S'^ity. Ifagoras went with them. Many of his party were executed, and Cleifthenes, and the exiled families, returned; but confcious of their danger from their hoftile fellow-citizens in concert with Lacedsmon, they fent to folicit an alliance with Artaphernes, the iatrap of Perfia. The anfwer was. If they would give earth and water to Darius they might be re- ceived, otherwife they muft depart. The ambaf- fadors, confidering the imminent danger of their country and party, confented to thefe humiliating terms. Ahhous-h Athens was diftra.fted with do- meuic fadlions, and prefled with the fear of an attack from Cieonienes, the conduct of her am- bafladors, in acknowledging fubjeilion to the Per- fian king, in hopes of his proteclion, was highly reprobated upon their return -, and it does not appear that Perfian afllfcance was further defired : yet the danger which huiig ever Athens was very great. Cleonv.nes, bent on revenge, formed a confederacy a2;ainft them, of the ThebanSj Corin- thians, and Chalcidians. Thefe could no: agree, and the Athenians gained fome advantages of two of them. Cleom.enes then pretended that Sparta had a6ted irreligiouily in expelling Hippias, who ought to be reftored \ becaufe, when he was be- fieged in the citadel at'Athens he had difcovered a collufion between' the Delpi^ic priells and the Alcmsonides. Sparta was wiiiing to reltore Hip- pias ; but Corintli, their ally, was nor. Ilippias, defpairing of other means, now in his turn applied to Perfia, and brought upon his country tlie Per- fian war , from v.'hich it v/as delivered by Miltia- d-^is^ at the bairle of Marathon. M:!:i:.:.:e:i became tne tnvy of the A}cn:,;con;Jc family. Xancidppus, one of the nriricioal meii of Athens, v/ho had mar- i'icd a daughter of Mc-racies. the great opponent I "^ ' cf Athens. 281 of PifiRratus, conduded a capital accufation againil him : he was condemned in a fine of fifty talents, more than he was worth. His wound, which prevented him from attending the trial, mortified, and he died in prilbn. In order to brand the family of Pififtratus, the fame of Har- modius and Ariftogeron was now cried up. They had afTaflinated Hipparchus from mere private revenge % but tiiey were nosv called afierters of public lib'jrty. The tyrannicide, as it was called, was celebrated by fongs, ftatucs, ceremonies, and religious feftivals. \i m-jft be acknov/lcdged that every example of a g'lvernment, v/hich has a large mixture of democratical power, exhibits fomeihing to our view v/hich is amiable, noble, and I had almoft faid, divine. h\ every ftate hitherto mentioned, this oblcrvation is verified. What is contended for, is, tliat the people in a body cannot manage the executive [)ower, and therefore that a fimple democracy is impraclicable -, and that their fliare of the legillative power inuil be always tempered with two others, in order to enable them to pre- ferve tlieir fharc, as well as to correct its rapid tentlency to abufe. Without this, they are but a tranfient glare of glory, winch paHes away like a ilafh of lightning, or like a momentary appear- ance ot a goddels to an ancient liero, which, by revealing but a glimpfe of celetlial beauties, only excited regret that he Iiud ever [c<:n them. Tlie republic of Athens, the fchool-miilrefs of the whole civilized world, for more than three tiioiilar.d years, in art?, eloquence, and phiiofo- phy, ;us well as in p.olitcneij and wit, was, for 11 ihort [x-riod of her duration, the moll democrati- cal comn::on\vcalth of Greece. Unfortunately their iiijlory, between (lie .'.buiicion of their kings and the 2S2 Anchnt 'Dcmocratkal Rcpuhlics. the time of Solon, has not been circu:rifl:antiaily preferved. Durinn; this period, they Teem to have endeavoured to colitcl aii authority into one cen- ter, and to have avoided a compofition of orders and balances as carefully as Mr. Turgot : but that center was a group of nobles, not the nation. Their government confided in a fingle affembly cf nine archons, chofen annually by the people. But even here v/as a checlc -, for by lav,- the archons muft all be chofen out of the nobility. But this form of government had its ufual efreds, by intro- ducing anarchy, and fuch a general profligacy of manners, that the people could at length be re- ftrained by nothing Ihort of the ultimate punifli- ment from even the moll ordinary crimes. Draco accordingly propofed a law, by which death fl:iould be inflidted on every violation of the law. Hu- manity fhuddered at fo fhocking a feverity ! and the people chofe rather that all ohfences fhould go unpuniihed, than that a law thus written in blood, as they termed it both in horror and contempt, fhould be executed. Confufions increafed, and divided the nation into three factions ; and their miferies became fo extreme, that they offered So- lon an abfolute monarchy. He had too much fenfe, as well as virtue, to accept it \ but employed his talents in new-modelling the government. Senfible, from experience, of the fatal efTeCiS of a government too popular, he wifhed to introduce an ariftocracy, moderated like that of Sparta ; but thought the habits and prejudices of the peo- ple too llrong to bear it. The archons he con- tinued ^ but, to balance their authority, he creeled a fenate of four hundred, to be choien by ballot of the peonle. He alfo revived the court of Are- opagus, wnich had jurifdi6lion in criminal cafes, and the care of religion. He excluded from the 8 executive. j^fhc/is. 283 executive, or the magifrracy, al the citizens who were not pofieired of a certain fortune , but vt fted the fovereignty in a legiOative afTtrmbly of the people, in which all had a right to vote. In this manner Solon attempred a double balance. The Areopagus was to check the executive in tiie hands of the archons ; and the I'enate of four hundred, the fichlenefs and fire of the people. Every one muil; fee that thefe devices v/ould have been no effectual controul in either cale ; yet they were better than none. It was very right that the people fhould have all elections , but democra- tical prejudices were fo invetera:c, that he was obliged not only to make them, aficmbled in a body, an efiential branch of tlie legillature, but to fnve them cognizance of appeals from all the fu- pcrior courts Solon himlelt, in his heart, muft have agreed with Anacharfis, that this conftitu- tion was but a cobweb to bind the poor, while the r:ch would cafily break through it. Pififtratus foon proved it, by bribing a pariy, procurin;T himfelf a guard, and demolifiii'-.g Sr)ion's vyhoie fyllem before his eyes, and tiiajliihing a fino-le tyranny. The tyrant was expclicd fcverai tliivjs by the oppofition, but as often i;;ougI:t; bi. I:, ar.d finally tranfmiticd his monarchy tv) '11s f j::s. O.ie of thefe was afialLn.itcd by Marniodius an J. Arillo- gctcn-, and the other driven inro baniilvnent by the oppofition, aided bv the nelg'ibou'-ing ll.iie, Spar- ta. He fljd to the t-'err!;ins, t^:c;:ed Darius aff,'.in!t his country, and w.is killed at M.uatiion. Tlicfe c;'!aniiMcs inlpired iiie people v;ith lucii terrors of a f n^;!e tyrant, thpr, imrcad (n'thinkm;; to b.dmce effctlually th^ir '' orders," they eikiblilkjJ t:-- ol- tracilrn, to prevent any m.ui troni becoming too popular : a clicck iiaked, but a very injudicious one J for it only baniihed their belt men. llUlory no 2S4 Ancient Democratical Repuhlics. no where furnifhes fo frank a confeffion of the people themfclves, of their own infirmities, and unfitnefs for managing the executive branch of o-overnment, or an unbalanced fhare of the lecifla- ture, as this infcitution. The lanrriiage of it is, " -We know ourfeives fo well, that we dare not *' truft cur own confidence and aaeclions, our *' own admiration and gratitude for the greatelt *' talents and fublimeft virtues. We know our " heads will be turned, if we fuffer fuch charac- *' ters to live among us, and we fnall always make *' them kings." What more melancholy fpeclacle can be conceived even in imagination, than that .inconftancy which eredls ftatues to a patriot or a hero one year, baniOies him the next, and the third erects frcfn fbatues to his memory ? Such a conftitution of governnienr, and the education of youih which foilov/s neceffarily from it, always produces fuch charadlers as Cleon and Alcibiadcs ; mixtures of good c]ualitie3 enough to acquire the conildence of a party, and bad ones enough to lead them to dcllruftion ; whofe lives ihew the miferies and final catallrophe of fuch imperfect polity. From the example of Athens it is clear, that the governinent of a fmgie aiTembly of archons chofen by the people, was found intolerable ; that, to remedy the evils of it, Solon efiabliihcdfourfeve- ral orders, an aflembly of the people, an affembly of four hundred, an affembly of a."chons, and ti^e Areopagus , that he endeavoured to bah^unce one fingly bv anotiier, inftead of forming his balance out of tlii'cc branch;ts. I'hus thcfe atreriipis at an equilibrium v*'ere intrifetftual ; produced a never- ending tiucluation in the national councils, con- tinual factions, maifacres, proicriptions, banilh- nienr. and death of the belt citizens; and the hif- torv Athens. 285 tory of the Pcloponncfian War by Thucidydes, will inform us how the rag-ino- flames at lalt burnt out. The people in each of the United States have, after all, more real authority than they had in Athens. Planted as they are over large domi- nions, they cannot meet in one afTcmbly, and therefore are not expofed to thofe tumultuous comimotions, like the ragins; waves of the lea, which always agitated the ecclefia at Athens. They have all eledions, of governor and fenators, as well as reprcfentatives, lo prudently guarded, that there is fcarce a pofTibility of intrigue. The property required in a reprefentative, fenaror, or even governor, is fo fmall, that multitudes have equal pretenfions to be cholen. No eledlion is confined to any order of nobility, or to any great wealth , yet the legiflature is fo divided into three branches, that no law can be pafied in a pafTion, nor inconfiftent with the conftitution. The exe- cutive is excluded from the two legiflative aflem- blies ; and the judiciary power is independent, as well as feparate from all. This will be a fair trial, whether a government fo popular can pre- ferve itfelf. If it can, there is reafon to hope for all the equality, all the liberty, and every other good fruit of an Athenian democracy, with- out any of its ingratitude, levity, convulfions, or factions. LETTER 2 86 Ancient Democratical Repuhlics, LETTER XLIL ANTALCIDAS. Dear Sir, IN the year 1774, a certain BritiHi officer, then at Bcfton, was ofren heard to fay, " I wifli I were Parliarr.ent : I would not lend a fhip or troop to this country ; but would forthwith pafs a ftatutc, declarjnjr cvc^ry town in North America a tree, Ibvereign, and independent commonwealth. This is what they all dcfire, and I would indulge them , I fiiould foon have the picafure to fee them all at war with one another, from one end of the continent to the other." This was a gentleman of letters, and perhaps had learned hie; politics from Antai- cidas, whofe opinion concerning the government of a fmgle afiembly, is very remarkable i but the Greek and the Briton would both have found their artiiices in Am,erica ineffec^tual, l"he Ame- ricans are very far from beinp- defirous of fuch multiplications and divifions of ilates, and know too well the mifchiefs that would follow from them : yet the natural and inevitable efrecl of Mr. Turgot's fyftem of government, would, in a courfe of time, be llich a fpirit among tlie peo- ple. It is not very certain whether Antalcidas was a Spartan or not. If he was, he had violated the law of Lycurgus by travel, and had refided long if! Antalcidas, 287 in Perfia, an.i maintained an intercourfe and cor- refpondence with feveral noble families. He was bold, iubtle, infinuating, eloquent -, but his vices and corruption were equal to his addrefs. The ftern Spartan fcnate thought him a proper inftru- mcnt to execute an infidious ccmmiffion at a pro- fligate court. The inftitutions of his own coun- try, Sparta, were the objefls of his ridicule ; hut thofe of the democratical fcates of Greece, of his fovereign contempt. The ancient maxim of fome of the Greeks, " "That cjery thing is lawful to a man in the fervice of his country " was now ob- folete, and. had given way to a purer morality ; but Antalcidas was probably one of thofe philo- fophers, who thought every thing lawful to a man which could ferve his private intcieft. The Spar- tan fenate never adled upon a princi]:ile much better ; and therefore might, upon tliis occafion, have given their ambaflhdor the i.iilrLicticn which he pretended, viz. to oiTer *' to refign all preten- " lions to the Greek cities in Afia, which they would acknowledge to be dependencies of the " Perfian empire-, and to decl.T:e all the cities '' and iflands, fmall and great, totally indepen- " dent of each other." Thefc aiticlcs, in conl'c- qucnce of which there would not be aiiv republic powerful enough to difturb the tranquillity of Perfia, were more advantageous to thern than the mod iniblent courtier would Iia'^'C ventured to propofe. The ambaifaJor was rcvvaided by a magnificent prefcnr ; and tlic terr.KS of ])eace tranf- mitted to court, to be rarifiedt by vlrtaxerxcs. The negociation however langu^fn-d, and the war was carried on with violence lor Icveral years ; and all the art, activity, and addrefs of /Antalcidas were put to the trial, before he obtained the r.'ti- fication. The treaty was at la'il co.TDleced i. Aai 28 Anc'lent Bemocratical Reptihlics^. " That all the republics, fmall and great, {liould *' enjoy the independent government of their own " hereditary laws ; and whatever people rejcdted " thefe conditions, '^o evidently calculated for " preferving the public tranquillity, muft cxpedt *' the uti-ncft indignation of the Great King, who, in conjunction with the republic of Sparta, would make v/ar on their perverfe and dange- rous obflinacy, by lea and land, with fnips and money." Antalcidas, and Teribazus the Perfian fatrap, "with whom he had concerted the treaty, had fore- feen, that, as Thebes mud refign her authority over the inferior cities of Bceotia as Argos muft withdraw her garrifon from Corinth, and leave that capital in the power of the ariftocratic or Lacedaemonian faction ^and as Athens mud abandon the fruits of her recent victories there might be an oppofition to the treaty made by thefe three ftates : to guard againll which, they had provided pov^erful armaments by fea and land, which, with Spartan and Perfian threats, lb intimidated all, that all at laft fubmiited. This peace of Antalcidas forms a difgraceful asra in the hiftory of Greece. Their ancient con- federacies were difiblved ; the fmaller towns were Icoiened from all connedion with the larp-e cities; all were weakened, by being difunited. Wh:'.t infamy to the magillrates of Sparta, and their in- triguing, unprincipled ambalTador ! But Athens, Thebes, and Argos, by vat friendfliip of the de- rnocratical cities and confederacies, had become powerful, and excited tlieir haughty jealoufy. The article which declared the fmaller cities inde- pendent, was peculiarly uieful to the views of Sparta -, it reprefented them as the patrons of li- berty, amcr.g the free. The flern policy cf Sparta Antakidas] 289 Sparta had cruflied, in all her fecondary towns, the hope of independence. The authority of Athens, Thebes, Argos, and all the democrati- tical confederacies, were lefs imperious ; the ic> vereign and fubjcdl were more nearly on a foot- ing of equality j and the Spartans knew, that " men are difpofed to reject the juft rights of their equals, rather than revolt againft the ty- ** ranny of their mafters :" their own flaves and citizens had furniflied them with conftant proof of this. But Sparta, by this mafter- piece of rorrucry, meant not only to hold ftiil all her own fubordi- nate cities in fubjeftion, not only to detach the inferior communities from her rivals, but to add them to her own confederacy. To this end fhe, by her emiflaries, intrigued in all the fubordinate cities. How ? by promoting liberty, popular go- vernment, or proper mixtures of a well-ordered commonwealth ? By no nieans ; but by fupport- ing the ariilocratical faclions in all of ti:em, fo- menting animofuies among the people againit each other, and elpecially againit their capitals. Complaints, occafioned by thefe cabals, were re- ferred to the Spartan fenatc, v^hich had acquired the reputation of ilie patron of the free, the weak, and the injured, and always decided in their own favour. But the ambition of Spartans, cool and cunning as it v.-as, had not patience to remain long fatisfied with iuch legal uTurpaiions , they determined to mix the terror of their arnis with the feduclion of policy. Before we proceed to an account of their operations, we mull develop a little more fully the policy of Antakidas, Befides the free republics of Attica, Tlicbes, ar.d Argos, which conliiled of fevcral cities, govern- ed by thci- ^.,2. m.J<^iilrate, fenate, and pr; -'.!:% U ' iji 290 Ancient Demecraiical Republics. m which the fubordinate cities always complain- ed of the inordinate influence of the capital -, there were feveral republics reputed ftill more popular, becaufe they were governed by fingle aflemblies, like Bifcay, the Grilons, Appcnzel, Undervvald, Claris, &c. Thele republics con- fifted of feveral tov/ns, each governed by ics own firfl magiftrate, council, and people ; but con- federated together, under the fuperintendance of a fingle diplomatical aifembly, in which certain common laws were agreed on, and certain com- mon magiftrates appointed, by deputies from each town. Thele confederacies are the only ex- amples of governments by a fingle afTembly which were known in Greece. Antalcidas knew that each of thefe towns was difcontented with the adminiftration of their common aficmibly, and in their hearts wiQied for independence. It was to this foible of the people that he addrefled that policy, in his Pernan treaty, by which he twilled to atoms, as if it had been a rope of fand, every democraticai city and confederacy, and every one in which democracy and ariftocracy were mixed, throughout all Greece. The firft viclim of this ambitious policy v/as Arcadia, in the center of Peloponnelus, vvliole principal town was Manti- n^ea. Arcadia v/as a fertile and beautiful valley, furrounded by lofty mountains : the fcattered vil- lages of fhepherds, inhabiting thefe hills and vales, had grown into cities, by the names of Tegea, Stymphaiis, Herrea, Orchomonus, and Mantinsea. The inhabitants were diftinguifhed by their innocence, and the fimpiicity of their man- ners , but, whenever they had been obliged, from neceflity, to engage in war, they had difplayed fuch vigour, energy, and intrepidity, as made their alliance very defirable. The dangerous neigh- Antalcidas. 2gi neighbourhood of Sparta had obliged them to fortify their towns, and maintain garrifons ; but jealoiifies arofe between Tegea and Mantinxa, and emulations to be the capital. The year af- ter the treaty of Antalcidas, ambafladors were fent by the Spartan fenate to the aflembly at Mantiniea, to command chem to demolifh the walls of their proud city, and return to their peaceful villages. The reafons afligned were, thac the MantinjEans had difcovered their hatred to Sparta, envied her profperity, rejoiced in her misfortunes, and, in the late war, had furnifhed fome corn to the Argives. The Mantinasans re- ceived the propofal with indignation ; the ambaf- fadors retired in difguft : the Spartans proclaimed v/ar, demanded the aid of their allies, and march- ed a powerful army under their king Agefipolis, and invaded the territory. After the molt de- ftruftive ravages of the country, and a long fiege of Mantinsea, they were not able to lubdue the fpirit of this people, until they turned the courfe of the river Ophis, and laid the wills of the city under water; thefe, being of raw bricks, dif- folved, and fell. The inhabitants, intimidated, offered to demolilh the walls, and follow Sparta in peace and war, upon condition they might be allowed to continue and live in the city. Agefi- polis replied, t!i.\t while they lived together in one city, their numbers expofed them to the de- lufior.s of feditious demagogues, whofe addrefs and eloquence feduced the multitude i'rom their true interelt, and delboyed die influence of their fuperiors in rank, wealth, and wifdom, on whofe attachment alone the Lacedaemonians could de- pend ; and therefore, that they mull deilroy their houfes in the city, leparate into four communi- ties, and return to thole villages which their an- U 2 ceftors 592 Ancient Democratkal Republics, ceftors had inhabited. The terror of an imme- diate aflault made it neceflary to comply ; and the Spartans made a mighty merit of fuffering fixty of the moft zealous partifans of democracy to fly, unmurdered, from their country. The little republic of Phlius too, like every other where a balance is not known and preferv- ed, was diftra(5led by parties. The popular party prevailed, and baniflied their opponents, the friends of ariftocracy. The Spartans threatened, and the ruling party permitted the exiles to re- turn; but not meeting with refpeclful treatment enough, they complained, and the Spartans, un- der Agefilaus, appointed commifnoners to try and condemn to death the obnoxious leaders of the people in Phlius. This odious oflice was exe- cuted with fuch unexampled feverity, as terrified thole who furvived into an invariable attachment to Sparta. The confederacy of Olynrhus was next at- tempted. A number of towns, of which Olyn- thus was the principal, between two rivers, had been incorporated or ailbciated together, and grown into feme pov/er, and greater hopes. This was enough to aroule the jcaloufy of Sparta. They fent four or five fucceflive armies, under their ablefl: kings, to take the part of the ariftocratical fadtion, and conquer this league. Such was the fpirit and relburces of this little fpor, that they defended themfelves for four or five campaigns, and then were forced to fubmir. Thebes had been torn with ariflocratic and democratic factions, in confequence of the peace of Antaicidas, and Sparta joined the latter, which ultimately produced long and obftinate wars, and the exalted characters of Pelopidas and Epami- ncndas, who, however, with all their virtues, were Antakidas. ig^ were not able finally to eftabliih the independen- cy of their country, though both perifhed in the atten-pt ; H.paminondas, to the lafl-, refufing to the leveral comnunities of Boeotia their heredi- tary laws and government, although he was one of the democraiical party. Sparta, in the next place, fent a detachment to fiipport the partidins of ariftocracy in Argoiis, Achaia, and Arcadia, but were obliged to eva- cuate that country by Pelopidas and Epaminon- das; but the latter fupportcd ariHocratic govern- ment. As foon as he retired, the Arcadians com- plained againfl him, that a people, who knew by their own exj)crience the nature of ariftocracy, jQiould have confirmed that fevere form of go- vernment in an allied or dependent province. I'he multitude in Thebes condemned the pro- ceedings of F.paminondas, and fent commiflion- crs into Achaia, who aflllled the populace, and a body of mercenaries, to diflblve the ariftocracy, and banifli or put to death the nobks, and infti- tutc a democracy. The foreign troops were fcarccly departed, when the exiles, who were very numerous and powerful, returned, and, after a defpcrate and bloody llruggle, recovered their ancient inPaicnce : tlie leaders of the populace were now, in tlieir turn, put to death or expelled 5 the ariftocracy rc-e(labliflicd j and tlie magiftrates craved tiie protediion of Sparta, which was rea- dily granted. It would be endlefs to purfue the confequences of the peace ot Antalcidas : uninterrupted con- ttlls and wars in every democratical ftate in Greece were the confequence of it -, ariftocratical and democratical fadiojis eternally dilputing for fupciiority, mutually banifhing and butchering U 3 each 294 Ancient Democraticd Republics. each other; profcriptioRS, affafiinations (of which even Pelopidas was not innocent), treacheries, cruelties without number and without end. But no man, no party, ever thought of introducing an effediual balance, by creating a king, with an equal power, to balance the other two. The Romans began to think of this expedient, but it was referved for England to be the firft to reduce it to praflice. Would Mr. Turgot have faid, that if Thebes, Athens, Argos, and the Achasan, Arcadian, and Olynthian leagues, had been each of them go- verned by a legillature compofed of a king, fe- nate, and alTembly, with equal authority, and each a decifive negative, that the caufe of liberty, in all Greece, would have been thus crumbled to diift by fuch a paltry trick of Antalcidas ? Would the child ifh humour of feparaiing into as many ftates as towns have ever been indulg- ed or permitted ? Moft certainly they would not. And if the power of negociation and trea- ties, and the whole executive, had been in one man, could the perfidious ambaffadors of Spar- ta, and the other liates, have intrigued, and em-' JDroiied every thing as they did ? L E T T E H Achaia. 29 ^ LETTER XLIII. ACHAIA. Dear Sir, THE Achseans, whofe republic became fo fa- mous in later times, inhabircd a long but narrow ftrip of land along the Corini!i;an gulph, which was deftitute of harbours, and, as its fnores were rocky, of navigation and commerce ; but the impartial and generous fpiric of their laws, if we are to credit Polybius and their other pa- negyrifts, were fome compenfation for the natu- ral difadvantages of their fituation and territory. They admitted ftrangers into their community on equal terms with the ancient citizens ; and, as they were the firft, and, for a long time, the only republic of Greece which had fuch liberality, it is not ftrange that they fhould have* enjoyed the praifes of all foreigners. In all orhcr (iates of Greece, in which the people had any fhare in government, there were conftant complaints, that one powerful capital domineered over the inferior towns and villages, like Thebes in Boeotia, A- thens in Attica. In Laconia, Lycurgus avoided this inconvenience by two popular allcmblies, one for Sparta, and one for the country ; but in Achaia there was no commercial town, and all were nearly equal, havj^-.r; common laws and in- ftitutions, and common weights and mealurcs. Helice, which is diftinguiihrd by Homer as tlie moft confiderable town of Ach:;ia, was t!ie place .1 or 2<^6 Anchnt Bemocratical Republics. of avic-mbly of the congrefs, until it was fwal- lowed up in an earthquake ; then ZEcr^e became the feat of congrefs, v/ho annually appointed pre- fidentw 'Achata. 501 the defire of concord began, by degrees, to grow in the minds of the i^itolians. Demetrius died, when many great and noble occafions were given to the Achaians of finifhing the projeft they had conceived; for the tyrants who reign- ed in Peloponnefus, having loft: the fupport of Demetrius, who greatly favoured them, began now to defpair; and, on the other hand, being awed by Aratus, who admonilhed them to quit their governments, on promife of great honours and rewards to luch as voluntarily refigned, and threatening others with hoflility who re- fufed ; whereupon they refolved to defpoil themfelves of their dignities, reftore their peo- " pie to liberty, and incorporate them with the *' Achaians. As to Lyfidas, the Megalopolitan, he, wifely forefeeing what was likely to come to pafs, frankly renounced his dominion during the life of Demetrius, and was received into the general confederacy of rights and privileges with the whole nation. Ariftomachus, tyrant of the Argicus, Xeno of the Hermionians, and Cleonymus of the Phliatians, refigning their authority at the time we mention, were likcwifc received into the alliance of the Achaians. In the mean time the iEtolians began to conceive jealoufies at tiie growing greatnefs and extra- ordinary fuccefs of the Achaians, and bafely entered into a Ica^Tue with Antigonus, who at tliat time governed Maccdon, and with Cleo- menes, king of the Lacedaemonians. Thefc three powers, Macedonia, Lacedaemon, and iEcolia, were to invade Achala on all fides ; but the great political abilities of Aratus de- feated the enterprize. lie confidered that An- tigonus was a mian of experience, and wiilino" enough to make allianceb ; and that princes 3<52 Ancient Democratical Rfpublics. " have naturally neither friends nor enemies, buc meafure amities and enmities by the rules of intereft : he therefore endeavoured, after a good underftanding with that prince, and determined to propole the joining the forces of the Acha- *' ians to his. He propofed to cede him fome towns ; 2.nd the alliance was formed, and the Cleomenic v/ar commenced. In the profecution of it, Cleomenes and his Spartans difplayed the utmoft ferocity and cruely, particularly at " 7?igium, where he put in pradtice fo many out- " rages and cruelties of war, that he left not fo *' much as any appearance that it had been ever " a peopled place." There is great reafon to fuf- pe6l that the Achaians were not lefs guilty of cruelty , for Polybius profelTes to follow the ac- count given by Aratus himfelf, in a hiftory which that pr^tor wrote of Achaia, who may be well fufpefted of partiality ; and Polybius himfelf was the fon of Lycortas of Megalopolis, who perfeded and confirmed the confederacy of the Achaians, and difcovers throughout his hiflory a ilrong at- tachment to this people. If the hiitory of Ciear- chus was extant, we might pofTibly fee that the Achaians, the Spartans, and Macedonians, were equally liable to the accufation of inhumanity. Mantinsca was fubjeCted to unfpeakable calamities as well as i^gium , but Polybius endeavours to cover this over with a veil by abufing Clearchus, accufmg him with departing from the dignity of hiftory and writing tragedies, by reprefenring wo- men with dilhevelled hair and naked brealis, em- bracing each other with melting lamentations and tears, and complaints of men, womien, and chil- dren, dragged away promifcuoufly. He attempts to juftify the punifhment of this city, by charg- ing it with treacheroufly betraying itlelf into the hands Achaia, 3^5 hands of the Spartans, and maflacring the Achaian garrifon : but this was no more than the ufual' cffed: of the continual revolutions in the Greek cities, from democracy to arillocracy, from that to monarchy, and back again through the whole circle. In every one of thefe cities there were three parties ; a monarchical party, who defired to be governed by a king or tyrant, as he was then called ; an ariftocratical party, who wiihed to erect an oligarchy ; and a democratical party, who were zealous for bringing all to a level. Each fadlion was for collecting all authority into one center in its own way ; but unfortunately there was no party who thought of a mixture of all thel'e three orders, and giving each a negative by which it might balance the other two : ac- cordingly the regal party applied to Macedonian kings for aids and garrifons ; the ariftocratical citizens applied to Sparta for the like afliftance ; and the democratical factions applied to Aratus and the Achaian league. The confequence was, as each party prevailed, they brought in a new garrifon, and maflacred the old one, together with the leaders of the faction fubdued. But is fuch a fyftem to be recommended to the United States of America ? If the Americans had no more difcretion tlian the Greeks, no more hu- manity, no more confideration for the benign and peaceful religion they profcfs, they would ftiU have to coniidcr, that the Greeks had in many places forty flavcs, and in all places ten, to one free citizen j that the flavcs did all the labour, and the free citizens had nothing to do but cue one anothers throats. Wars did not coft money in Greece , happily for the world, at prelent they are very expenfive. An American Ibldier will not ferve one year, without more money for pay than ^04 'Ancient Democratkal Repuhlics". than many of thefe Greek cities had for their whole circulating medium. There is but one pof- fiblc means of realizing Mr. Turgot's idea. Let us examine it well before we adopt it. Let every town in the Thirteen States be a free fovereign and independent democracy : here you may nearly colled all authority into one center, and that center the nation. Thefe towns will immediately go to war with each other, and form combina- tions, alliances, and political intrigues, as ably as the Grecian villages did : but thefe wars and negotiations cannot be carried on but by men at leifure. The firft ftep to be taken then, is to de- termine who lliall be freemen, and who flaves. Let this be determined by lot. In every fifty men, forty are to be flaves, and flay at home un- armed, under certain overfeers provided with good whips and fcourges, to labour in agriculture and mechanic arts. All commerce and navigation, filheries, &c. are to ceafe of courfe. The other ten are to be free citizens, live like gentlemen, eat black broth, and go out to war ; fome in fa- vour of tyrants, fome for the well-born, and fome for the multitude : for, even in the fuppofuion here made, every town will have three parties in it ; fome will be for making the moderator a king, others for giving the whole government to the feleft men, and a third fort for making and executing all laws, and judging all caufes, crimi- nal and civil, in. town meeting. Americans will well confider the confequences of fuch fyftems of policy, and fuch multiplications and divifions of ilates, and will univerfally fee and feel the necef- fity of adopting the fentiments of Aratus, as re- ported by Plutarch : " That fmall cities could *' be preferved by nothing elfe but a continual '' and combined force, united by the bond of 12 !' common Crele, 505 " common interefl j and as the members of the " body live and breathe by their miicuai com- " munication and connection, and wht-n once fe- " paratcd pine away and putrify, in the fame *' manner are cities ruined by being difmembered *' from one another, as well as preferved when, *' linked together into one great body, they en- *' joy the benefit of that providence iind council " that governs the whole." Thefe were the {tuci' tiraents which, according- to the fame Plutarch, acquired him fo much of the confidence of the Achaians, *' that fince he could not by law be " chofcn their general every year, yet every other *' year he was, and by his councils and aftions " was in effed: always fo ; for they perceived that " neither riches nor repute, nor the friendfliip of " kings, nor the private intercfb of his own coun- *' try, nor any other thing elfe, was fo dear to him " as the increafe of the Achaian power and greac- " ncfs." LETTER XLIV. CRETE. My dear Sir, THIS celebrated ifland, with the fantafljic.^l honour of j;iving birth to fome of the gods of Greece, had the real merit and glory of com- municating to that country many ufcful improve- ments. Their infular iituation defended them from invalions by land, and tlieir proximity to Egypt afforded t!iem an eafy intercourfe of conjmerce by X fea 3o6 Ancieni Bemocrntical Repiihlics. fea with the capital of that kingdom ; where Rhadamanthus in his travels had colledled thofe inventions and inftitiuions of a civilized people, which he had the addrefs to apply to the con- firmation of his own authority. Minos is ftill more diftinguifhed : in his travels in the eaii, he faw certain families pofleiTed of unrivalled ho- nours and unlimited authority, as vicegerents of the Deity. Although the Greeks would never ad- mit, in the fuUeft latitude of oriental fuperftition and defpotifm, this odious profanation, yet Minos, taking advantage of his own unbounded reputa- tion, and that enthufiafm for his perfon which his fkill and fortune in war, his genius for fcience, and talents for government, had excited among wandering credulous lavages, fpread a report that he was admitted to familiar converfations with Jupiter, and received from that deity his fyftem of laws, with orders to engrave it on tables of brafs. The great principle of it Vv'as, that all freemen fhould be equal, and therefore that none lliould have any property in lands or goods , but that citizens ll:iould be ferved by Daves, who fhould cultivate the lands upon public account. The citizens Ihould dine at public tables, and their families fubfift on the public flock. The monarch's authority v>/as extremely limited, ex- cept in war. The magidracies were the recom- pence of merit and age , and fuperiority was al- lowed to nothing elie. The youth were reftrained to a rigid temperance, modeily, and morality, en- forced by law. Their education, which was pub- lic, was direfted to make them foldiers. Such regulations could not fail to fecure order, and what they called freedom to the citizens ; but nine-tenths of mankind were doomed to flavery 10 fupporc them in total idlenefs, excepting thofe exercifes Crete. 307 exercifcs proper for warriors, become more necef- fary to keep the flaves in fubjeftion, than to de- fend the fiate againft the pirates and robbers with whom the age abounded. Idomcneus, grand- fon of Minos, and commander of the Cretan forces in the I'rojan war, was among the mod powerful of the Grecian chiefs, and one of the few who re- turned in fafety from that expedition. Here was a government of all authority in one centre, and that centre the moft aged and meritorious perfons of the nation, with little authority in the king, and none in the reft of the people-, yet it was not of fufficient ftrengtii to hold together. The venera- ble old men could not endure the authority, or rather the pre-eminence, of the king. Monarchy muft be abolifhcd \ and every principal city be- came early a fcparate independent commonwealth ; each, no doubt, under its patriarch, baron, noble, or archon, for they all fignify the fame thing : and continual wars cnfued between the fevcral repub- lics within the ifland ; and Cretan valour and martial flvill were employed and exhaufted in butchering one another, until they turned all the virtues they had left againft mankind in gene- ral, and exerted them in piracies and robberies, to their univerlal infamy throughout: all Greece : nor was Crete cvir oi any weight in Grecian politics after the Ticjan v.'ur. X 2 LETTER 5o8 Ancient BemGcratical Repuhlia. LETTER XLV. C O R I N T Ft. My dear Sir, MONARCHY remained in this emporium of Greece longer than in any other of the principal cities j but the noble families here could no better endure the fuperiority of a mo- narch, than others in all countries ; and with nu- merous branches of the royal family (named Bac- chidse, from Bacchis, fifth monarch in fucceffion from Aletes) at their head, they accordingly put to death Teleftes, the reigning monarch ; and ufurping the government, under an afTociation among themfelves, inilituted an oligarchy. An annual firft magiftrate, with the title of Frytanis, but with very limited prerogativer, like a doge of Venice, was chofen from among themfelves. Seve- ral generations pafled away under the adminiilra- tion of this odious clicrarchy , but the people at length finding it intolerably opprefiive, expelled the whole junto, and let up Cuypfelus as a mo- narch or tyrant. He had long been the head of the popular party, and was defervediy a popular character, polfelled of ihe confidence and aficclioa of his fellow-cnizcns lo a great deerce, or he never ccui.. have retuicd the guard which was offered him r.,r the pottclion ot his perfon againO: the attemp.. of the defeated oligarchy. His mo- deration and clemency are allowed by all; yet he is univcrfaily called by the Grecian writers 8 Tyrant Corinth. 309 Tyrant of Corinth, and his government a Tyran- ny. Ariftotle, 1. v. c. 12, informs us that his tyranny continued thirty years, becaufe he was a popular man, and governed without guards. Pe- riander, one of the feven wife men, his fon and fuccefTor, reigned forty-four years, becaufe he was an able general. Pfampfneticus, the fon of Gor- gias, fucceeded, but his reign was fliort ; yet this fpace of fcventy feven years is thought by Arif- totle one of the longefi: examples of a tyrrany or an oligarchy. At the end of this period the no- blts again prevailed ; but not without courting the people. The tyranny was demoliflied, and a new commonwealth eftablifhed, in which there was a mixture of oligarchy and democracy, to prevent the hrfl from running into excefs of opprefilon, and the other into turbulence and licence. Here we find the ufual circle : monarchy firfl: limited by nobles only ; then the nobles, becom- ing envious and impatient of the monarch's pre- eminence, demolifli him, and fet up oligarchy. This grows infolenc and oppreffive to the people, who let up a favourite to pull it down. The new idol's polLcrity grow infolent -, and the people final- ly think of introducing a mixture of three regular branriies of power, in the one, the few, and the many, to controul one anotlicr, to be guardians in turn to the laws, and feeure equal liberty to all. Ariiloile, in this chapter, cenfurcs fome parts of the eighth book of Plato, and fays, *' That in " general, when governments alter, they chanorc into the contrary Ipecies to \vhat tl.ey before were, and not into one like the former : and " this reafoning holds true of other changes. For *' he fays, tliat trom the Lacedaemonian form it *' changes into an oligarchy, and from thence X ^ " into 310 ^Ancient Democratical Republics. vided, was ftill more fubdivided under the new forms of government. Many inferior cities dif- daincd the juriididlion, and even the fuperior in- fluence, of their refpeclive capitals ; affeiled inde- pendent fovereignty ; and each town maintained war with its neighbours. Each independent flate had a right to fend tvv'o members to the Amphic- tyonic council. The abolition of royalty render- ing the independent ilates more numerous, in- creafed the number of Amphic:yons to one hun- dred me^nbers, and more ; and an oath was re- quired, that the mem.ber fhould never fubvert any Amphictyonic city: yet every excels of ani- mofity prevailed among the Grecian republics, notwirhitanding the interpofition of the Am- phidyons. Argos Argos, 313 Argos was founded by Danaus, the Egyptian, about the time that Athens was fettled by Ce- crops. At the Trojan war it was the firft of the ftates, and ever continued the rival of Sparta. Though the royal dignity feemed more firmly lettled under Agamemnon than under any other chief, yet Argos was one of the firft of the ftates upon the continent to abolilli monarchy, and that as early as on the death of Celfus, fon of Teme- nus, tiie defcendant of Hercules. No account of Its nt vv conllitution is preferved : but, from ana- logy, we may be convinced, that a relllcfs body of nobles overturned the monarchy ; and, as it was fubjecfl to frequent and violent diforders, that the archons could not agree upon the form of their olif2;archy; and fet up for independency m their different diftridls, ftates, or cities, a littie iooner than in other republics. The higlier and lower ranks were continually at variance-, the de- mocratical faction was commonly fuperior; fome- times tyrants were let up over all , and once, ac- co!\lii)g to Herodotus *, the flaves got poiTeliion of the city, took upon them the adminiftration of affairs, and exercifed the ma^iftracies. The government muft have been ill confti- tutcd, as no Rhadamanthus or Minos, no Ly- curgiis or Solon, no Zaleucus or Charondas, nor any otlier legiilator of lupcrior wildom and pro- bity, ever acquired the power; and no fortunate coincidence of circumftances ever occurred, to unite liberty and adminiftration, Ic^w and govern- ment, upon a ftable bafis. One famous tyrant, rheidon, lineal fucceftbr of Hercules, a prince of great abilities but no moderation, raiTed him- IcJr, rather than his country, to a luperijrity Lib. vi. which 314 Ancient Bemocratkal Republics. which ceafed with him. For want of diflin6l orders, and fteady balances, by which the wills and the forces of the people might have been fubjefled to the laws, Argos loft that pre-emi- nence among the Grecian ftates, which it had ob- tained under a monarchy. Every little town in Argolis was feized with the caprice of indepen- dence, and oppofed the general government, at the fame time that the metropolis betrayed an ambition to domineer over the inferior towns. Civil wars enfued : Mycens, Trcezenc, Epi- daurus, and other villages of lefs confequence, were often conquered and garrifoned, but never lubdued. Necellity taught them to unite. They reproached Argos with tyranny, and Argos the others with rebellion. Union enabled them to let at defiance their capital, by means of in- trigues and alliances with Laced^emon, the never- failing refource of one party or the other in every democratical ftate. The pretence v/as, the Per- fian war, which Argos declined. This was call- ed a bafe dereliftion, and excited, by the help of Spartan emiflaries, hatred and contempt in Si- cyon, Naupila, Heliasa, and other towns, be- iides thofe mentioned before. Argos alone, of all the cities inthcPeloponnefus, openly efpoufed the caufe of Athens. This circumftance alone, if it was not accidental, is enough to fhow, that this city had more fenfe and profound wifdom than all the reft ; for Sparta was certainly then Jeading all Greece to deftruftion. In other re- fpedls the Argives difcovered the fame temper, and the fame underftanding, with all the others j for they led their whole forces againft Mycen^, took it by ftorm, decimated the inhabitants, and demoliftied the town. Is it not fublime wifdom, to rulh headlong into all the diftradions and di- vifionsj IphiiHS. 315 vifions, all the aflafTinations and maflacrcs, all the feditions, rebellions, and eternal revolutions, which are the certain confequence of the want of orders and balances, merely for the fake of the popular caprice of having every fifty families go- verned by all authority in one centre ? Even this would not fatisfy j the fifty families would foon diflblve their union, and nothing would ever content them fhort of the complete individual in- dependence of the Mohawks -, for it may be de- pended on, that individual independence is what every unthinking human heart aims at nearly or remotely. LETTER XLVII, I P H I T U S. Dear Sir, ELEIA had been the fcene of athletic games, celebrated with great pomp by aflemblies of chiefs from various parts of Greece. Iphitus, a grandfon of Oxylus, fucceeded to the throne of Elis. A6live and enterprifing, but not by in- clination a foldier, he was anxious for a remedy for the diforderly fituation of his country. Among all the violence, feuds, and wars, fuperftition maintained its empire, and the oracle of Delphi was held in veneration. Iphitus lent an embafly to fupplicate informa- Vion from the deity, " How the anger of the gods, :' which 3 1 6 Ani^knt Deynocratlcal Repullics. '* which threatened total deflruclion to Pelopon- *' ncfus, throufzh the endlcfs hoftilities among its people, might be averted ?'* He received an anfwer, which he had probably d:<5lated, " That " the Olympian feftivai mull be rtllored : for *' that the negieft of that foiemnity had brought *' on the Greeks the indignation of Jupiter and *' Hercules; to the firft of whom "it was dedi- " cated, and by the laft of whom it had been in- *' ftituted." Iphitus proceeded to model his in- flitution , and ordained that a fcfbival fhould be held at the temple of Jupiter at Olympia, near Pila in Eleia, for ail the Greeks to partake in, and that it fhould be repeated every fourth year; that there lliould be facrihces to Jupiter and Her- cules, and games in honour of them -, that an ar- miftice fhould take place throughout Greece for fome time before the commencement of the fefti- val, and continue fome time after its conclufion. A tradition was reported, that the Heraclides had appointed Oxyius to the throne of Elis, and the guardianfnip of the temple of Olympian Jupiter, and confecrated all Eleia to the god. A reputa- tion of fandfity became attached to the whole peo- ple of Eleia, as the hereditary priefthood of Ju- piter ; and feCiUdcd them from all neceffity of cngp.ging in politics or v/ar. But it v.-as not poffible, by any inftitutions of religion, to de- Itroy that elailicity given by nature to the mind cf man, v/hich excites coniinualiy to adion, often palpably againfl men's interefts, which was ftrong in the general temiper of the Greeks, and which can never be fubdued or reftrained in any nation but by orders and balances. Reftlefs fpirits arofe, not to be fatisfcd. The Eleians often engaged as auxiliaries in the wars of other ftates, on pre- tence of ailcrting the caufe of religion ; but even in Iphitus, 317 in that caufe itfclf they could not agree among themfelves. While monarchy fubfilled in the pollerity of Iphitus, as it did for Ibme genera- tions, Eleia continued under one government; but at length the fpirit of democracy prevailed there, as elfewhere in Greece, and with the fame efFccls : every town claimed independency ; Pifa and Eiis became feparate commonwealths. Olym- pia was fituated within the territory of Pifa, on the northern bank of the river x\lpheius, which alone feparated it from that city. Elis was thirty miles diilant; but the Kleians retained the guar- dianfhip of the temple, and fuperintendency of the feilival. The Pifseans now ddputed their right ; wars arcfe between the two cities ; each endeavoured to gain allies. At one time, Phei- don, tyrant of Argos, claimiing to be by birth the proper reprcrcntative of Hercules, took to himfeif the guardianfliip of the temple, and pre- fided at the games ; at another tiine the Pifii^ans prevailed, and prefided at foir,e Olympiads. Ac length the Eleans deflroyeu Pifa lb entirely, that not a ru.n was left; and ever arter, excepting ;a the 104th Olympiad, when the Arcadians vio- lently interfered, tlicy h'_id the preiidency undif- turbed. \i a democracy could ever, in any cafe, hold togcciier, it v/oald be nati'.ral to expect it in this i:iilitution of Ipliitu:;, wh.i. ]i, ibunded wholly on religion, had procjred lo nvjch prolperity and veneration to ;::s pe;i:j!e : but it is as rational to cxpcCt that a glais bubble, with a drop of water inchMl'd in ir, v/iil r'.fifl ih.c heat of the iire : the vapour vyiL!i:n v/il! loiall it liuo dull and atoms. L E 1' T E R 3 1 8 Ancient Dembcratical Repullks, LETTER XLVIIL THEBES, Dear Sir, FABLE, and hiftory too, relate that this citj^ was governed anciently by kings , fixteen of whom, from Cadmus the Phoenician, who founded it, to Xanthus, are enumerated. After the death of the lall, the Thebans changed their govern- ment to a democratical republic. Their orders and balances are not known , but their factions and divifions, as well as their dulnefs, is remem- bered. From the analogy of all the other Gre- cian dates, it is probable that archons prefided over the feveral cities of Boeotia, as their fepa- rate diftridls, and had a king at their head, like Ulyffes in Ithaca, and Alcinous in Phseacia , that the king, whofe domain was Thebes, had fome- times an inclination to favour his capital more than the fubordinate towns ; and that the archons grew impatient of his monarchy, and afpired ac independency : the jealoufy and rivalry of cities favoured the factious views of the archons, and were probably fomented for that purpole. Is it an initance of their want of penetration, or was it from neceffity, that they chofe the two heads of oppofite fadions for their highefl: annual magiftrates ? Ifmenias was one ; an honefl man, a friend to liberty, and confequently an advo- cate for an equilibrium of pov/crs in the confti- tution. Leontidas, the other, was ambitious of the whole power to himfclf, and of governing by ^hehes: 3 if "by a council of his friends-, but, finding his rival more popular than himfelf, he fold the citadel to a Spartan general, upon condition that he and his party fhould rule. When this was eflfefted, he feized his colleague, and had him tried, con- demned, and executed, for caballing againjl the gO" vernment. The friends of Ifmenias fled in a pa- nic, and were baniflied by a public edi6l ; for it feems that a revolution without banilhments and confifcations, at lead, is a degree of moderation and felf-government of which nations are wholly incapable. The exiled citizens, who in this cafe were the honeft men and friends of liberty, among whom was Pelopidas, returned from Athens ia difguife, deftroyed the tyrant and his crew, and, with the help of Epaminondas and his friends, regained the citadel. Thefe two fages and heroes had now enough to do : firft, to infpire a little iinderftanding and unanimity into their fellow- citizens , then to difcipline them for war, and conquer their enemies ; and, at laft, to frame a. good conftitution of government. They accom- plifhed all but the laft, to their immortal glory : but Pelopidas was killed in battle, before the war was finilhed ; and Epaminondas grew unpo- pular, and was rejedled by faction even from the command of the army : a fufficient proof that the ariftocratical and democratical fatStions were nearly equal. He was reinftated, indeed, after the blunders and defeats of liis fuccefTor had brought the citizen! to repentance-, but was (lain in battle at the moment of vidory : fo that the Theban republic never had the benefit of his ad- vice in the formation of a new code of laws ; as flie had never made any figure, excepting a momentary fame under thcfe two srcat men, and was at length totally deftrovcd by Alexander. I ' ' The 320 Ancient Bemocratkal Republics. The ruin of Bceotia was occafioned by the fi- nefle of Antalcidas, in his Peifian treaty. Tlie Thehans, as well as Argives, had withheld their afiiftance in the Perfian war. Antalcidas knev/ that the fubordinate cities of I'hcfpis, Platea, Aulis, Anthemon, Larymna, Afchra, Coronca, Labadea, Delium, Alalkomene, .Leu(5tra, Chas- ronea, all wifhed for independence \ they accord- ingly rejefted the jurifdidtion and fovereignry of Thebes. The Thebans folicited Sparta to take a part in their domeftic quarrels ; and, againft her own favourite treary, made by her artful am- bafiador, fhe accepted the propolal. The vir- tuous and amiable Spartan fenate perceived that it was equally their intereft that Argos fhould lofe her jurifdidion over her revoked tov^ns, and that Thebes, the rival neighbour of Athens, Ihould recover her authority in Eceotia ; but, not- withftanding partial fuccclTes, fiie could not re- gain her auihority over all the cities, until Epa- minondas arofe, after eighty years of civil wars. Had there been a governor in Eceotia, and a fe- nate, and a houfe of reprefentacives, compofed of an equitable proportion of deputies from Thebes and all the lefier cities and each of rhefe branches polTefied of an independent negative in the legiPiature, while the whole executive was in the governor would thtfe civil wars have hap- pened ? thefe endiefs contendons between the no- bles and people, the capital and fubordinate ci- ties ? theie intrigues of one party with Athens, and another with Sparta ? The very difinclina- tion, both in Thebes and Argos, to engage in the Ferfian war, arofe wholly from tlicir domeltic diffenfions; and thefe from the want of judicious orders and balances. After Thebes. 321 After the abolition of monarchy in Boeotia, there was an effort to colled all authority into one center ; but the nation found, that, although laws might be thus made, they could not be io executed. There muft, therefore, be an execu- tive magiftrate ; but not being able to agree, in drder to pleafe both fides, the leader of each faftion mult be chofen. They could not agree, as might have been forefeen, and fplit the na- tion at once into two hoftile armies ; one of which fought the alliance of Sparta, and the other that of Athens, Thus it ever was, and ever will be, in fimilar cafes. It is much to be regretted, that Epaminondas did not live to dif- play his talents as a legiflator ; the world might pofllbly have been bleffed with fomcthing like an Englifh conftitution, two or three ch^ufand yearfi fooner th^n it v/as. LETTER 322 Ancient A^ijlocratical RspuMh LETTER XLIX. ANCIENT ARISTOCRATICAL REPUBLICS. C R O T O N A. PYTHAGORAS. My dear Sir, PYTHAGORAS, as well as Socrates, Plato, and Xenophon, were perfuaded that the hap- pinefs of nations depended chiefly on the form of their government: they were fully fenfible of the real mifery, as well as dangerous tendency, both of democratical licentioufnefs and monarchical ty- ranny ', they preferred a well-tempered ariftocra- cy to all other governments. Pythagoras and Socrates, having no idea of three independent branches in the legiflature, both thought, that the laws could neither prevent t!ie arbitrary op- preflions of magiftrates, nor turbulent infolence of the people, until mankind were habituated by education and difcipline to regard the great du- ties of life, and to confider a reverence of them- felves, and the efteem of their feilov.'-citizens, as the principal fource of their enjoyment. In fmall communities, efpecially where the fiaves were many, and the citizens few, this might be plau- fible ; but the education of a great nation can ne- ver accomplifh io great an end. Millions muft be brought brought up, whom no principles, no fentiments derived from education, can reftrain from tram- pling on the laws : orders of men, watching and balancing each other, are the only fecurity ; power muft be oppofed to power, and intereft to intercll. Pythagoras found this by experience ac Crotona, where the inferior ranks, elated v;ith. the deftruftion of Sybaris, and inftigated by an artful ambitious leader, Cylon, clamoured for an equal partition of the conquered territory : this was denied them, as inconfiflent with an arifto- cratical government ; a confpiracy enfued againft the magiilrates, who were furprifed in the fenate- houfe, many put to death, and the refl: driven from their country. Pythagoras was one of the baniflied, and died foon afterwards, in extreme old age, at Metapontum. The Crotonians had foon caufe to repent their iniurre6lion -, for they were defeated, with all their forces, by the Lo- crians and Rhegians, with fmaller numbers. The other Greek, cities of Italy, which had imi- tated the example of Crotona, in depofmg their magiftrates, were haraffed with v/ars againft each other, and againft their neighbours. In confe- quence of thefe diftreffes, the difcipies of Pytha- goras again recovered their reputation and influ- ence-, and about fixty years alrci-rwards, Zaleucus and Charondas, the one in Locris, and the other in Thurium, revived the Pyrluigorean inftirutions. In forty years more, a new revolution drove the Pythagoreans entirely from Italy, and completed the mifery of that beautiful country. Thus ex- perience has ever fhewn, tiiat education as well as religion, ariilocracy as W'A\ as democracv and monarchy, are, lingly, totally inadequate to t!',e bufinels of reftrain uig the pjfilons of men, of preferving a fteady government, and protecciMg 1 2 ihw 524 Ancient Arijiocratical RepuhBa, the lives, liberties, and properties of the peaple. Nothing has ever effe(5bed it but three different orders of men, bound by their interelts to watch over each other, and fland the guardians of the laws. Religion, fuperftition, oaths, education,, laws, all give way before paffions, intereft, and power, which can be refifted only by pafTions, in- tereft, and power. It is no wonder that Mr. Turgot fhould have entertained very crude conceptions of republican legiflation , it is a fcience the Icall underftood of any in the whole circle: all other orders of men of letters in Europe, as well as phyficians, for a long time, have thought it " litters nihil fanan- ** tes." It is a kind of erudition which neither procures places, penfions, embafiies, chairs in academies, nor fame nor practice in the pulpit, at the bar, nor in medicine. A minifter of ftate, of great abilities and merit, as well as reputation, advanced to the head of the affairs of a refpefta- ble monarchy, by one of the greateft princes that has ever lived, I mean the Baron de llertfberg, has within a few years fet an example, in a royal academy of fciences, of enquiry into this fubjed:. In a learned and ingenious difcourfe, delivered by himfelf, he has attempted to lliow the advantages of fimple monarchy over ail kinds of republican governments, even that beft fpecies of them, li- mited monarchies : but did this worthy minifter cxpedl: that any of his brother academicians would conteft with him the merits of fuch governments ? Men of letters are not fond of martyrdom in this age, nor of ruining their reputations. It is not, however, my defign to difcufs any queilicns atpre- fent concerning abfolute monarchies, though the principles I contend for might be traced through the hiftgry of every monarchy and empire in Eu- rope. Pythagoras. 325 rope. Even in thefe there are orders, check";, and balances contrived, at lead againft abufes in ad- minidration, and tor the prefervation of the laws. The fcience of government has received very lit* tie improvement fince the Greeks and Romans. The neceffity of a ftrong and independent execu- tive in a fingle perfon, and of three branches in the legiflature inllcad of two, and of an equality among the three, are improvements made by the Englilh, which were unknown, at lead never re- duced to pradice, by the ancients. Machiavel was the firll who revived the ancient politics : the bed part of his writings he tranilated almoft literally from Plato and Aridotle, without ac- knowledging the obligation ; and the word of the fcntiments, even in his Prince, he tranilated from Aridotle, without throwing upon him the re- proach. Montefquieu borrowed the bed part of his book from Machiavel, without acknowledg- ing the quotation. Milton, Harrington, Sid- ney, were intimately acquainted with the an- cients, and with Machiavel. They were followed by Locke, Hoadley, &c. The reputation which is to be acquired by this kind of learning may be judged of by the language of Mr. Hume: *' Compofitions the mod defpicable, both for " dyle and matter, fuch as Rapin Thoyras, " Locke, Sidney, Hoadley, &c. have been ex- " tolled, and propagated, and read ; as if they " had equalled the mod celebrated remains of *' antiquity." Hume's Hidory of England, vol. viii. p. 323. Such is the ftyle in which this great writer fpeaks of writings which he mod probably never read. But although the time is long fince paflcd when fuch writings were extolled, propagated, or read, the contempt of them is as tafliionablc, as likely to procure places and pen- y 3 dons^ 326" Ancient Arijiocrattcal Republics . fions, and to make a book fell now, as it was v/hen Mr. Hume wrote. The fads in thefe letters relative to Venice, are taken from the Abby Laugier and Moor's Travels , thofe relanve to the ancient republics, excepting the authorities already quoted, are taken from Robenfon, Montague, Potter, the Univerfal Hiftory, and efpecially from Mitford, Gillies, and Fergufon, three very valuable and elegant productions, which deferve to be care- fully ftudied by all America. I have made free life of their expreffions as well as refleflions, without noting them ; if you would fee how much has been borrowed, you muft read. Mr. Turgot was as little converfant in this kind of erudition as Mr. Hume. The former, however, was a lover of liberty ; but it was of that kind of liberty which he meditated to intro- duce into France, and could reconcile with a fimple monarchy : he was too good a fubjedl to think of introducing a free conflitution of go- vernment into his own country. For the liberty of commerce, the liberty of religious fentiments, and the perfonal liberty of the fubject, fuch as are eftablifhed by the laws, in a monarchy, he was an enthufiaft ; and enthufiafm for liberty, the common caufe of all mankind, is an amiable fervor, which is pardonable even when it is not according to knowledge : but he was neither an enthufialt for a free conftitution of government, nor did he know in v/hac it confifted. LETTER Charondas. JJ27 LETTER L. ANCIENT DEMOCRATICAL REPUBLICS. S Y B A R I S. CHARONDAS. My dear Sir, THE city of Sybaris was a Grecian colony in Italy, planted by Achaians ; and, ac- cording to Diodorus Siculus*, its beautiful fitua- tion between two rivers, the Crathis and the Sy- baris, the extent and fertility of its territory, and the freedom of its laws, had, in a fhort fpace of time, drawn together a prodigious number of in- habitants, and greatly enriched them. But the common fate of all nations and cities attended them* They had three parties ; a chief, a better fort, and a people. The mod powerful citizens were caballing as ufual againft the chief, whofe name was Telys, and, whatever his cha- ra6ler for virtue was, appears to have had more cunning than Grecian chiefs commonly had, at Jeaft he difcerned better where the balance lay ; for he courted the people, by flattering their fol- lies. He excited a popular cry againft the arifto- cratical party, drove them from the city, confif- cated their fortunes, and diftributed them amono; the reft of the citizens. The exiles fled to Croto- na. Telys lent ambaffadors to demand them, on pain of war. Pythagoras thought the caufe of his Lib. xii. p. 6. y 4 ariftocratical 32? 'Ancient Democrat ical R epuhlics. ariftocratical friends ju fir, and perfuaded his fel- low-citizens to refuft; to deliver them up. The Sybarites marched an army , but were met by another from Crotona, with Milo, ih6 (Irong man, at their head, whofe reputation prevailed , the Sybarites were all maflacred, and their city pillaged, and left a defart. Firfl: happy effect of a. government without acknowledged orders and legal balances ! Fifty-eight years afterwardsj fome ThefTalians eftabliHied themfelves at Syba- ris : they had not been there five years, when the Crotonians came and drove them ouc. Under Caliimachus, archon of Athens, it was repeo- pled the third time, and had the name of Thu- rium. A populous colony was fent there, un- der Lampon and Xenocraies, who bulk a beau- tiful city for a capital, and twenty-five fubor- dinate cities : but the inhabitants could not long live in good intelligence among tlicmielves ; they fell into diffcnfions, grew extravagant, luxu-- rious, and effeminate to a proverb. The quar- rel began i-n this manner : The old inhabitants of Sybaris erected themfelves into a kind of no- bility, and arrogated to themfelves all the public employments of any diflinclion, vcuchfafing to the new-comers only thofe of lead importance ; they infilled, moreover, that their wives flioukl facrifice the firfl to the gods, and that the other ladies fliould not commence their devotions till the firfl had concluded : not content with diilinc- tions fo afTuming, they went farther, and took, to themfelves, in the diflribution of the lar.ds, all thofe which were neareft the city, and left only the more diflant to thole whoju they called fo- reigners, The latter, being more numerous and more brave, carried their refcntments fo far, as %o put all the old families to death, and remained Charondasl 32(j fole pofTefTors of all the territory within the walls. Not having people enough left, they invited others from various parts of Greece, divided houfes and lands among them, entered into alliance with Cro- tona, and became opulent. They divided the peo- ple into ten tribes, and eftabliflied among them a democratical government, and chofe for their le- giflator Charondas, who, having examined to the foundation the laws of all counrries, chofe out of them, for his conntry, the wifefl: and moft con- venient. Some others he added, drawn from his own meditations. His laws are loil, and there- fore his orders and balances are not known. It is neverthelefs certain, that orders and balances exifted in his inftitution, from certain regulations preferved by Diodorus. 1. He excluded from all his public councils all men who, having children, fhould marry a fe- cond time , and thus mortify their children with the authority of a ftep-mother. 2. As another check to his democracy, he or- dained that all who fhould be convided of ca- lumny, fhould be conduced through the flrcets crowned with tamarin ; a punifliment fo infamous, that feveral put an end to their own lives rather than fubmit to it. 3. He prohibited all fociety with wicked men : for, fays he, the dilpofition to evil is very (Iron"-; and many of thofe who at firft love virtue, arc often drawn in, by t!ie charms of fecret fedudions, to the greatelt vices. 3. He ordained, that all the fons of every fa- mily fhould learn to write and read under mafters m the pay of the public. This law alone has merit enough to confecrate to immortality the memory of this legiflator, and defervcs to be imi- tated by every free people at kali. 4. That 350 Ancient Democratical Republics, 4. That the property of orphans Ihould be ad- miniftered by the relations by the father , but their perfons and education entrufled to thofe by the mother. 5. All thofe who fhould refufe to take arms for their country, or quit their ranks in the army, inftead of being puniflied by death, fliould be ex- pofed three days in a public fquare of the city in women's clothes. 6. To preferve his democraiical arrangement, he thought it neceffary tOjprohibit all propo- fals of changes in his laws. His principle was, that it was as advantageous to fubmit to the laws, as it is dangerous to fubjed: the laws to individu- als ; and therefore in trials he reprehended and filenced all criminals, who fubftituted turns of eloquence and arbitrary interpretations in place of the letter of the laws, and charged them with violating their authority and majefty. The quef- tion is, faid Charondas, " Whether you fhali i^wo. *' the law or the criminal ?" 7. Struck with the diforders and feditions which he had feen in many democratical cities, he or- dained that no citizen fliould prefent himfeif in the public affembly, to propofe any reformation or alteration in the law, without an halter about his neck, which he iliould wear till the people had deliberated and determined : if the people decreed the propofed alteration hurtful or unneceffary, the reformer fhould be ftrangled on the fpot. This regulation filenced all new legiflators lo entirely, that only three examples occurred of any changes. Ail his precautions were infufficient : Return- ing from the country with his fword, which he had taken to defend himfeif againd highwaymen, he found the afiembly in diviiion and confufion. He haftened to compofe the tumult. One of his 2 enemies Charondas. 331 enemies reproached him with violat?ng his own law, by coming into the affembly with an arm. Charondas, who had forgotten the fword, cried, I mean to obferve and enforce the law, and plunged it into his own heart, wearied, mofl probably, into a contempt of life by the diforders incident to unbalanced parties. When every legidator who has attempted a de- mocratical eftablifhment, has confefled its inherent tendency to immediate diflblution, by the ftrongefl: rigours againft propofals of innovation, and num- berlefs other provifions to controul it, which have all been found incffedtual, is it worth while ftill to cherifh the fond idea, when three branches are found, by experience, fo efFcdually to check each other; when in two independent aflemblies im- provements and reformations may be fo eafily and fafely propofed and adopted, and fuch as are not beneficial rejedled ? LETTER LI. L C R I S. Z A L E U C U S. My dear Sir, ZALEUCUS was of Locris in Italy, not far diftant from Sybaris. He was a difciple of Pythagoras, of noble birth, and admirable morals. Having acquired the efteem and confidence of his fellow-citizens, they chofe him for their legiflator. Unfortunately 332 Ancient Democratical Republic s'. Unfortunately little remains of his laws but their preamble : but this is in a llyle fo fuperior to all the other legiilators, as to excite regret for the lofs of his code. In this preamble he declares, that all thofe who fhall inhabit the city, ought, above all things, to be perfuaded that there is a God ; and if they elevate their eyes and thoughts towards the heavens, they will be convinced, that the difpofition of the heavenly bodies, and the or- der which reigns in all nature, are not the work of men, nor of chance ; that therefore they ought to adore the gods, as the authors of all which life prefents us of good and beautiful i that they Ibould hold their fouls pure from every vice, be- caufe the gods accept neither the prayers, offer- ings, or facrifices of the wicked, and are pleafed only with the jufi; and beneficent anions of virtu- ous men. Having thus, in the beginning of his laws, fixed the attention of his fellow-citizens up- on piety and wifdom, he ordains, above all things, that there fhould never be among them any irre- concilable enmity ; but, on the contrary, that thofe animofities which might arife among them, ihould be only a paffage to a fure and fmcere re- conciliation J and that he who would not fubmit himfelf to thefe fentiments, ihould be regarded as a favage in a civilized community. The chiefs of his republics ought not to govern with arrogance nor pride ; nor Ihould the magi(trates be guided in their judgments by hatred nor by friendihip. This preamble, inftead of addrefiing itfelf to the ignorance, prejudices, and fuperftitious fears cf favages, for the purpofe of binding them to an abfurd fyftem of hunger and glory for a family purpofe, like the laws of Lycurgus, places re- ligion, morals, and government, upon a bafis of philqfophy, which js rational, intelligible^ and eter- nal^ Zakucus. 335 nal, for the real happinefs of man In foclety, and throughout his duration. The principle adopted by this legiflator, as the motive to a6lion next to the fenfe of duty and fo- cial obligation, was the fenfe of honour, like that of Lycurgus. As Zaleucus was a difciple of Py- thagoras, whofe favourite plan of government was a well-tempered ariftocracy, we may conjecture that fuch was the form recommended to the Lo- crians : but all are loft, and certainly no argument can be drawn from them in favour of one popular afiembly. If, in vifiting the Sybarites and Locri- ans, we have found nothing in favour of Mr. Tur- got's fyltem, nor any thing very material againft it, we have found a greater advance towards civili- zation than in all the laws of Lycurgus and Solon, excepting only the trial by jury inftituted by the latter; I mean in the preamble of Zaleucus, and in the general education to letters in fchoolsj at the public expence, by Charondas. I. E T T E R 334 Ancient Democratkal Republics. LETTER LII. ROME, PLEBEIANS SCRAMBLING AFTER PATRICIANS; OR DEMOCRACY HUNTING DOWN ARISTOCRACY ; OR TRIBtfNES IN CHASE OF A SENATE. My dear Sir, WE have before feen, in the hiftory of Rome, with what eagernefs the ariftocracy pur- fiied and demoliflied the monarchy : the kings are commonly reproached with tyranny, and the nobles are applauded for refiftance to it ; but it is clear that the nobles were as tyrannical, and that their eternal plots and confpiracies againft the kings, their power, their crowns, and their lives, were the caufe and the provocation to that tyranny. It is impoffiblc to fay which were worft, the nobles or kings , both certainly were bad enough in general, and both frequently vio- lated the laws, as it will ever happen when there are but two branches. The people as yet had no adequate power to aid or controul either. By the inftitution of Romulus, indeed, the Roman peo- ple, even the loweft clafs of the citizens, inftead of being prohibited to engage in all kinds of la- bour, after the example of the Spartans, were di- redled to apply themielves to paflurage, agricul- ture, and mechanic arts. This had its natural ef- feft; and immediately afcer the revolution, by which Rome, 3S5 which the monarchy was abolilhed, and arlftocracy fee up, though we find the patricians at their ufua! game of encroaching on the people, yet we find there was a people, a numerous, hardy, courage- ous people, who were not difpofed to fijbmit : they loon began a refiftance, and to demand more power to refill -, and having obtained one concef- lion, they required another, until they obtained an equality with the patricians. So far they were in the right ; and if the two powers could have re- mained equal, juftice, liberty, and happinefs, the efi'ecl of equal laws, might have been enjoyed : but human nature can never reft once in mo- tion, it rolls, like the ftone of Sifv'phus, every in- Itant when the refilling force is fulpendcd. Dio- dorus Seculus is very right, lib. xix. when he fays, " It is of the nature of man to afpire continually *' at fomething greater than his preient condition, " and to wifli that his power might increal'e in- " ftead of decreafing, or refting as it is." Dr. Fer- gulon, who follows very accurately Dionyfius of Halicarnafllis, Livy, and Polybius, will furnifh us with a good account of the fteps by which the Roman people proceeded to augment their own power, and diminifli that of the fenate, until they obtained the whole. 1 (hall give an abridgment of the llory very nearly in Fcrgufon's words. In their career, however, the people loll their morals and their wildom, as they ever will in fuch a courfe, and were ready to confer the fovereignty on the line of Cefars,even^beforet hey had completely ob- tained it. Thofe irregularities, and that final ca- taltrophe, were all occalioned by the imperfections in their balance. \i the conluls had been pcificired ol a negative in the legillature, and of all the exe- cutive authority, and the fenate and people had been made equal and independent in ll;e fitfcella- 33^ Amknt "DmocraHcal Repuhltci, blirhment of the commonwealth, it is impoffiblc? for any man to prove that the republic v/ould not have remained in vigour and in glory at this hour. The government of Rome, in the 244th year from the building of the city after the expulfion of Tarquin, was become wholly ariftocratical : the nobles, exclufively, had the legiflative, execu- tive, and judicial power^ without any third party to hold the balance between them and the people 5 for the confuls, although they were executive ma- giftrates, united in their perfons the dignities of the ftate : thofe of judges, magiftrates, and mili- tary leaders, were underftood to come in the place of kings, and performed all the funftions of roy- alty , yet they were only parts and minifters of the fenate. While the exiled king was endeavour- ing, by continual invafions, to recover his power, dilputes aroie between the parties who had united to expel him. Creditors, fupported by the arifto- cracy, of which the nobles were now in full pof- feffion, became fevere in the exaction of debts, or the patrons laid claim to more than the clients were willing to pay. The ftate was diftrafted at once by its enemies from abroad, and by the dif- fenfion of parties at home. The authority of the new government not being fufficient to contend with thefe difficulties, the lenate refolved to place themfelves and the commonwealth for a limited time under the power of a fmgle perfon, under the title of dictator. The inferior clafs of the people, almoll ex- cluded from any fhare in the new govern- ment, foon found, that under its influence they had more oppre/Tion to fear from their pa- trons than they had ever experienced from the prince they had baniHied. So long as the king I and Rome. 337 and the fenate fhared in the powers of the (late? the one took part with the people, when the other acrempted to opprefs them , and it was the or- dinary intereft and policy of the prince to weaken the nobles, by fupporting the plebeians againft them. This effecft of the monarchy Hill, in !ome meafure, remained, fo long as theVxiled king was alive, maintained his pretenfions, and made the united krvices of the people necefiary to the kn.'ite ; bur, upon the death of the king, the nobles availed tiiemulvcs of their power, and en- forced their claims on tl:e people with extreme fevcrity. In the capacity of creditors, they im^ prifoned, ftripped, and enfiavcd thofe who were iiidebred to them, and held the liberties and lives of their fellow-ciiizens at their mercy. The whole body of [plebeians w.is alarmed , they faw more formidable enemies in the perfons of their owa nobility, than in the armies of any nation whatever. Many who had already fuffered under the rod of their creditors, when called upon to cnlid, fliewed their limbs galled with fetters, or torn with ilripes which they had received by command of their mercilels patrons. Thefe dillraftions obliged the fenate to have recourfe to another dictator , c.\id. Valerius, who was appointed for his popularity, repelled the enemy. The fcnace, upon his return, not fulfilling his promll'es to t'le people, they re^ tired to tlie Sacred Mountain. I'he fenate was obliged to negotiate, to niirigatc the feveriiies ag^inil infolveiit debtors, and content to the ap pointment of tribunes : t'^s was in the year 260, lixteen years after the revolution. Had the ple- beians difcontinued their colledive afiemblies for every purpofc but cleilior.s, and increafed their li ibunes to four or five hundred reprefcnratives, even this would not have been a radical cure, Z v.-:iuout 3.1 8 Ancient "Democratkal Repuhlics. without ieparating the confuls from the fenatCj and giving them, or one of them, the executive power, and a negative both upon the fenate and popular alTembly in the legiflature : but there was too much prejudice, and too little knowledge^ for fo great an i^nprovement. The people con- tented themfelves with the appointment of a leader under the name of Tribune, who, without power to prote6l them effectually, had enough to head every popular tumult, and blow up every fpark to a flame. An affembly of reprefentatives would have had an equal right with the fenate to propofe laws, to deliberate, debate, alter, amend, improve : but the tribunes were authorized only to forbid any meafure they thought injurious -, but not to propofe any law, or move any refolu- tion. Not permitted to mix with the fenators, they had places at the door of the fenate houfe, as their office was felt to be a dangerous one. Their per- fons were made facred ; and every one was de- voted to the infernal gops who fhould even ftrike them. An oath was to be taken to obferve this ]aw ; and the idea of the fandity of a tribune . took fuch deep root, that the emperors after- wards v/e;c protected from afiaffins by this facred title of Tribune. I'iie college of tribunes at firfb v,-as not limited to any nun^.ber ; but in procefs of time they increafcd from tlirc^e to ten. i^atricians could not by law be elected -, yet the people, to fhev/ that they never vvill be f..eady to any law, even to tliofe moil direcfiy contrived for their benefit, fometimes departed from th.is. The tri- bunes were at lirft elected in the curiae, where the vote of the poorell citizen was equal to that of the moil wealthy. But even here the patri- cians, befides their great influence, had even a ijegative on ail proceedings by holding the au- 6 fpices ; Romf, .^^9 fpices : for this reafon it was thought neceflary to alter the form of the aflembly, in which the tri- bunes were ele6led, to that of the tribes; dnd by this means to enable the people to make their eleflion without any controul from the nobles, either in virtue of the authority of the fenate, or the interpofition of the augurs. Thefe would have been real improvements of the conftitutiorl, if they had proportionally augmented the authority of the confuls at the fame time ; but probably there would have been as many prejudices againft fuch a propoial among the people, as in the fenate. All the popular jealoufies and alarms at regal au- thority, would have been excited by demagogues in the fenate as well as in the comitia ; for there are in all nations ariftocratical demagogues as well as democratical. Thefe expedients were adopted by the fenate to quiet the animofities of parties ; but tended, in faft, only to render the conteft between them more equal, and to multiply the fubjeds of difpute. The tribunes being veiled with power to affemble the people, could not long be confined to the mere negative with which they were firft entruded. The party of the plebeians, with thefe magillrates at their head, were then in a pofturc not only to preferve their right, but likewife to gain to their order continual acceHions of power. Happily for the ftate there was yet much ground to be pjained, without tranfj^refTmo: the bounds ot order, or the auchority of equitable government. The bar of hereditary diIiin6lion was the ftrongeft obftacle which the popular leaders in this career had to break through. The nobles among tiie Romans, as well as among the Greeks, generally traced back their lineage, in fome manner or other, to gods and goddefies; and the divine original of nobility, and the effential Z 2 diilindion 340 Ancient Denwcratkd Republics. diftin^lion between the two orders of nobles and commons, the one being believed a fuperior order of beings to the other, v/as founded in their infti- tutions of religion, and in popular belief: and although fome pretenfions are let up ftill, in many parts of Europe, to the divine right of nobility, yet they are generally held in fo little eftimation, that a modern can hardly form an idea of the dif- ficulty the tribunes mufl have found to overcome this inveterate prejudice of fuperftiticn. No per- fonal merit, no adual fervice, no meafure of abi- lity or virtue, could remove, as it was pretended, the difqualification of plebeian birth. One of the firft fteps towards abolifliing this diilindion, was to preclude every other power in the flate from a negative oti their proceedings. For this pur- pofe it was enabled by the tribes, that no one, under pain of death, or of a fine at difcretion, Ihould interrupt a tribune while he was fpeaking to the people. Nothing can be more curious than thefe popular efforts to get the better of their own fuperftitious prejudices : they could not depend upon their own firmnefs to fupport their own peculiar magiftrate, till they made them- felves believe that his peribn was facred, as well as the other magiftrates. Being thus provided againft interruption, as they were by a former law againft violence to their perfons, they not only took up the complaints of their conftituents, but fuggefted new claims to be made by them ; and at every fucceffion to office, endeavoured to fignalize their term by fome additional eftabliflinient for the benefit of the people. They interrupted the flate in its councils and wars, and hung upon the wheels of government until the grievances they com- plained of were redreffed, or the demands they made were complied with. In order to increafc the Rome. 341 the number of plebeian officers, whofe aid the tribunes alleged was neceflary to themfelves, they, foon after their own inftitution, procured that of the sediles, who were to infpeci: the marker, and have charge of the public buildings and pub- lic fhows. The qualifications of candidates for the office of conful, furnifhed, during fome ages, the fubjed of continual debates : civil and mili- tary tranfaftions were conftantly blended toge- ther. The fenate frequently involved the flate in war, in order to fufpcnd its inteftine divifions ; and the people as often took occafion, from the difficulties in which the community was involved by its enemies, to extort a compliance with their own demands. The firft fubjeft of contention was the distribution of the corn which the fenate had purchafed as a provifion againft the famine, which the late interruption of induftry and agri- culture, by the feceffion of the people, had occa- fioned. Coriolanus was for compelling the peo- ple, by hunger, to part v/ith their tribunes, and the other conceffions which had been extorted from the fenate. The younger nobility applauded his fentiments ; but the majority were afraid of an- other ftorm, and agreed to deliver corn from the public granaries at a moderate price." The peo- ple, however, were not appe.ifcd , they were greatly incenfed againft Coriolanus ; and the tri- bunes cited him to appear before the tribunal of the people, to anfwcr for the iniult he hnd offered them. The fenate and patricians were difpofcd to protect him-, but expected to be able to acquit him in the comitia of the centuries, the only tri- bunal bcrore which any capital accufation of a citizen had ever been tried. The tribunes, how- ever, determined to introduce an innovation, and infilled that the people fliould affemble in their Z 3 tribes. '^42 '^Ancient Dcmocratkal Repuhlicsl tribes. Coriolanus, feeing himfelf already con- demned by this method of proceeding, withdrew, and joined the enemies of his country. This no- velty made a total change in the conftitution ; for the aflembly of the centuries formed an arif- tocracy, that of the tribes a democracy. As it was not with any precifion determined by law what bufinefs fnould be done in one aflembly, and what in the other, the patricians and ple- beians, inftead of balancing each other by regular checks, were in danger of rendering the adminif- tration of the ftate a continual fcene of contradic- tions, which ferved to the laft hour of the re- public as an objed of popular zeal, and fur- niilied a fpecious pretence to ambitious and de- figning men. This very uncertainty, producing continual altercations and wars, produced great Hatefmen and warriors, no doubt : but a regular, well-ordered conftitution will never fail to bring forth men capable of conducfting the national councils and arms ; and it is of infinitely more importance to the national happinefs, to abound in good merchants, farmers, and manufacturers good lawyers, priefls, and phyficians and great philofophers, than it is to multiply what arc called crreat flatefmen and great generals. It is a miferable fervitude, whether you call it a repub- lic or a defpotifmj, where the law is uncertain and vinknovvn j and it is only under the fecurity of certain and known laws, that arts, faiences, agri- culture, commerce, and trades can ever be made to flourifn. Another fubjefl of difpute v.'as foon introduced, which ferved to the laft hour of the republic as an object of popular zeal, and fur- nifned a fpecious pretence to ambitious and de- figning men to captivate the ears of the populace ga equal divilion oi laaOj known by the name of an Rome'. ^4r% an Agrarian Law. By this was by no means meant a community of goods and lands, or an equal divifion of all the lands and goods , the Roman people had too much fenfe and honefly ever to think of introducing into praflice fuch an ab- furd figment of the brain : but the Romans, during the late ariftocratical times, and the wars againil Tarquin, had fuffered the conquered lands to pafs by connivance, occupancy, or purchafe into the hands of powerful citizens, inRcad of di- viding them equally among the people. Sp. Caf- fius, the conful, who v/as in favour with tliC people, and affeded flill farther popularity by flattering the paflions of the inferior claffes, fore- feeing that the tribunes would foon think of this objedt, determined to make a merit to himfelf by anticipating them. PoflelTing himfelf of fome of thefc lands, he oftentatiouOy made a divifion of them among the more indigent citizens-, and ob- tained an appointment of three comminjoners, to enquire into the evil, and confider of a remedy. The patricians were alarmed , but Cafiius had numbers on his fide, and was fo confident of fuc- cefs, that he betrayed too foon his ambitious de- fign, by off'ering the freedom of the city to aliens, who at his invitation crowded from all parts to vote in the aficmblies of the Roman people. This convinced all parties that his views were, bv the means of aliens and indigent citizens, to ufurp the government. All parties combined againil him, and he was condemned for treafon. The tri- bunes had no fooner delboyed CafTius, than they adopted his projeft, and infilled on the law for the nomination of three commiflioners : from tlifs time commences a flru2;j:le between tlic tribunes and fenate, patricians and plebeians, tlie various operations of which would take up too much Z 4 fpacc 344 Ancient Democratical Repuhlics. fpace to relate. The tribunes were honoured in proportion to the part they took in fupport of the popular caufe, and their animofity againft the fenate. Every new tribune endeavouicd to fig- nalize his year, by fuggeiling Ibme new point to be gained by the people. One law was obtained to fubftitute the aflembly of the tribes for that of the curiae, in the eledlion of tribunes ; another to exclude the patricians entirely from the alTembiy of the tribes. The agrarian law they frequently moved in the interval of other pretenfions, or together with other claims, in order to alarm the fenate, and force them to a compromife. The powers and artifices of both parties were foon ex- erted in another conteft, in which the people were in the right, and purfued the moft rational and necedary object imaginable a new code of laws which fhould regulate the forms of judicial pro- ceedings , yet even this was not purfued fo much from the love of juftice, or the fpirit of liberty, as to gain a point from the patricians, whofe power was greatly fupported by the difcretionary judicial powers they had in their hands. This great objefl, which the Engliili nation have pur- fued for fo long a courfe of time, under the names of Folcright or Common Law, they alone have had the wifdom to accompany v^ith prerogatives to the crown, and privileges to the nobility, which have fccured thofe two branches of the confcitu- tion 5 at the fame time that, by eitablilliing a body of laws, and regular formal proceedings in the courts ol juitice, they have fecured their own rights and liberties. The Roinan people were not fo wife ; by negleding to give any ade- quate prerogatives to the confuls ; and by un- dermining the power of the fenate in propor- tion as they, introduced regular law to proteit thtir Rome. 345 their own rights, they undermined every other power in the conftitution, and devolved the whole upon themfelves. In the career they loft all their integrity and morals : they op- poled an ardour not to be cooled or difcouraged, or reftrained by fcruples in the choice of means, to the great authority and addrefs of the nobles. A popular party are apt to think that the rules of veracity and candour may be difpenfed with, and that deceit and violence may without any fcru- ple be employed in their own favour. With lefs honour and dignity to maintain than their adver- faries, they are lefs afraid of imputations that de- traft from either ; and their leaders, fupported by the voice of the more numerous party, are lefs apprehenfive of evil fame. In this conteft, ac- cordingly, fictitious plots and confpiracies were fabricated by the popular fide, and fidtitious de- figns againft the liberties of the people were im- puted to the patricians, in order to render them odious, and to deter them from appearing in fup- port of their real pretenfions. The fenate at laft agreed to the nomination of three commiHioners, to be fent to Greece, and make a collection of laws. The report they made was accepted, and the decemvirs appointed by fenate and people to compile a body of laws. Thefe ten were in- tended only as a committee to prepare a draught for the confideration of the fenate and people: yet they had fo much credit with the people as to be vefted with a temporary foyereignty ; and fu- perfeded the authority of the fenate as well as the confuis , and had unlimited power over the lives and fortunes of their fellow-citizens. They pre- fcnted a number of laws, engraven on ten tables cr plates, containing a fummary of the privileges of 34^ Ancient Democratical Republics'. of the people, the crimes to be punifhed, and the forms of judicial proceedings. They faid their plan was unfinifhed ; and, defiring a renewal of their powers, obtained it for another year : two more tables were added, which, with the former ten, made the Law of the Twelve Tables. In thefe laws the diilindlion of patrician and plebeian was fo great, that perfons of thefe different orders were not permitted to intermarry. Bankruptcy was made a crime ; and, without any diftindtion between fraud and misfortune, expofed the infol- vent debtor to the mercy of his creditors, who might put him to death, diffedt, or quarter him, and diftribute his m.embers among them. This law was brought from Greece, and fhews the atrocious ideas and manners of the age. Al- though we have no account of the law being executed in its utmoft extent, we know that, in confequence of it, debtors were, by the courts of law, delivered bound into the hands of credi- tors, and frequently fcourged and whipped in a mod cruel and unmerciful mjanner. Giving to fathers the power of magiftrates, or the power of life and death, over their children, may have 4bme reafons aiTigned for it : but nothing can ever account for the people's accepting fuch a lav/ of debtor and creditor among the Greeks or Romans, but the fuppofition that property was entirely in the hands of patricians , and that the people had the blindeft fuperftitious opinion, that the patricians, as defcendants of gods, were a fuperior order of beings. It is no wonder that the people, after this, often clamoured for an abolition or diminution of debts ; why they never demanded an abolition of the law, is ano- ther queftion. One other of thefe laws deferves particular Romel 347 particular notice. In private, every family were free to worfliip the gods in their own way ; and in public, though certain forms were required, yet there was not any penalty annexed to the omiflion of them, as the punifhment of offences in this matter was left to the offended god. This, probably, was the fource of that wife and hu- mane toleration which does fo much honour to the Romans, and reflefts difgrace on almolt every Chriflian nation. The ardour of the peo- ple to obtain this code had nearly cofl them their liberties. The power of a magiftrate was fup> pofed to determine only by his own refignation. The decemvirs, taking advantage of this defcft in the conftitution, continued the exercife of their power ; and the people, to fhew that they never can be jealous of men who are in poffefTion of their confidence, acquiefced in their ufurpation ; until the father of Virginia, by exercifing his lawful authority in defence of his daughter's ho- nour, exhibited a fpedlacle of horror which gave a turn to the imaginations, and aroufed all the paflions of the people to the expulfion of the decemvirs, as fuch another event had before given occafion to the abolition of mionarchy. Patricians and plebeians now united, and a tide of mutual confidence began to fiow. Two very popular peribns were choien confuls : the confecration of the tribunes was renewed, and extended to the ssdiles, and other inferior oflicers who afted un- der the tribunes in preferving the rights of the people. The patricians contented to have the a6ls of the fenate formally recorded, placed in the temple of Ceres, and committed to the care of the ardiles. As the confuls had been hitherto the keepers and interpreters of their decrees, and had 34S Ancient Democratic at RepuhJics. had often fupprelTed or carried into execution their adls at their pieafure, this was a confider- abie diminution of the power of the confuls. The comitia were of three forts the curias, the centuries, and the tribes. The centuries alone, in which the patricians had an undoubted majo- rity as well as in the fenate, had as yet the au- thority of making laws for the commonwealth : this itill preferved the ariftocratical character of the republic. Now the plebeians denied the le- giflative authority of the fenate ; and the fenate denied the right of the tribes to make laws. Equity required that the plebeians fhould have a voice in the legiflature; but inftead of becom- ing a branch of it, inllead of aiming at a delibe- rative or negative voice in it, by which they might concur with the fenate and comitia of the centuries, or, which would have been infinitely better, with the fenate and confuls as two inde- pendent branches, they obtained a feparate and independent power of legiflation. Hence the in- tricacy of this conRitution , hence three diilind fources of laws decrees of the fenate, ads of the centuries, and refolutions of the tribes' fenatus confulta, leges, plebifcita : a fource of divifion, diftraftion, and tumult, which never ceaitd to iffue ilreams till the authority of the fenate was wholly deftroyed, and a dominatio plcbis began. The plebeians, having removed thefe inequali- ties, grew fo much the more impatient of thoi'e which remained. They v/ere flill excluded from the office of conful, from that of the priefihood, and were forbidden intermarriage Vk'ith the nobles In the year of the city 308, Canuleius, a plebeian and a tribune, moved to repeal tlie law of the twelve tables, which prohibited the internrarriage Rome. 349 of patricians and plebeians ; and the nine other tribunes claimed ihac the office of conful Hiould be held by plebeians as well as patricians. The fenate, and the whole order of nobles, by ftudied delays, and by the ufual artifice of invol- ving the flate in foreign wars, fufpended the de- termination of thefe qucftions ; but at length were obliged to gratify the people \in\\ the inter- marriages of different ranks, in order to pacify them on the refulal of their claim on the confu- late. To elude this demand, it was faid that the facrificcs and other duties of the priedhood, many of which were to be performed by the conful, could nor, by the facred laws of religion, be per- formed without profanation by perfons of ple- beian extraction, or by any but thofe of noblr birth. This atgument fiienced the people for fome time -, but neither iuperdition nor the true religion, any more than education, oaths, mo- rals, or any other tie, will long reitrain an un- balanced party, urged by its intereil, and ilimu- lated by a growing pafiion for power : an ev:i- fion, a mere change of a wotd, will anfwer th.", purpofe of eluding fuptrrfticious lea.s, and eveii the dicfates of confcience. The title of Conlui was changed for th;^.t of Military Tribune; and no facerdotal function being mcludcd in the duties of this office, plebeians, th(.ui?Ji not qualified to be coijfuls, were elcded military tribunes, with confular power. The milirary and facerdotal functions had before been united ; they were now feparated, and, as the people thought, with- out profanation. But another olricc remained to tempt the people and their tribunes, that of Ccn- for. 1 he cenlus had been a principal objcd: of the executive power ; the k!nn;3 had always held it, and after them the conful? : ac every period of 350 Ancient VemocraUcal Republics . of five years, they could difpofe of every man'a rank, afTiga him his clafs^ place him in the rolls of the fenate or the knights, or ftrike him off of either, degrade or disfranchife him, as they thought proper. A power lb important, although it had not been hitherto flagrantly abufed, might eafily be fo; and the fenate would naturally dread ths admiflion of the plebeians to it. While they ad- mitted them, therefore, to be eleded tribunes with confular power, they ftipulated that the cenfus Ihould be feparated from it, and that this charge fhould remain with perfons of patrician birth. The invafion of the Gauls had burnt the city, and, it was thought, extinguilhed the re- public for ever : Manlius faved the capitol, and Camillus reftored the commonwealth. Durino- a period of one hundred and feventeen years which followed, the Romans were involved in perpetual wars againft the Equi, the Volfci, the Hernici, the Etrufcans, and Ibme of their own Latin confederates , yet thefe did not wholly fuf- pend their internal convulfions, which gave birth to new political inftitutions. The plebeians, far from being fatisfied with their paft acquifitions, made continual efforts to extend their privileges. The tribunes, by traducing the fenate, and by difplaying in their harangues the feverities of the patrician creditor, and the fufferings of the ple- beian debtor, ftill inflamed the animofity of the popular party. The republic itfelf was fo feebly eftablifhed, that ambitious citizens were encou- raged, by means of fadions raifed among perfona of the lower clafs, to entertain thoughts of fub- verting the government. In this manner Man- lius, the champion of the capitol, prefuming on his merit, thought himfelf above the laws, and incurred the imputation of alpiring to be king. Four Romel 351 Four hundred citizens, whom he had redeemed from their creditors, and releafed from chains the fpoils of thirty enemies flain by himfelf in battle forty badges of honour, conferred on him by generals under whom he had ferved many citizens whom he had refcued from the enemy, among whom was Servilius, the fecond in com- mand to the di6tator could not fave him from being thrown from the rock on which he had fo lately fignalized his valour. Such was the in- fluence of the fenate ; fuch " the treafons for '' which the friends of the people were to be fa- " crificed to the fenate," as he faid , and fuch the popular prejudice againft the name of a king. Yet it is certain that the beft thing the Roman people could have done at that time, would have been to have made him a king, with a negative ; preferving at the fame time their own negative, and that of the fenate. The plebeians had been now above forty years in poflelTion of a title to hold the office of confular tribune, but had not been able to prevail over the influence of the pa- tricians at any eledtion : by the increafe of their numbers in the flrfl; and fecond ciafTes, by their intermarriages with patrician families, and by the afiiduity and influence of individuals who afpired to the office, they at laft obtained the dignity of confular tribune for one of their own order, and from thenceforward began to divide the votes of the centuries with the patrician candidates. They foon afpired to the title of confuls. Stolo and Sextius were placed in the college of tri- bunes, to urge this point. They propofed three laws: I ft. For relief of infolvent debtors, by cheating their creditors of part of their debts. 2dly. To limit eitates in land to five hundred jugera, about three hundred acres, sdly. To reftore 352 Ancient Democratical Republics. reftore the eledlion of confuls, in place of confu- Jar tribunes, with an exprefs provifion that at lead one of the confuls fhould be of plebeian defcent. The patricians prevailed upon fome of the tribunes to diffent from their colleagues, and fufpend, by their negatives, all proceedings upon thefe laws. Licinius and Sextius, in their turn, fufpended the ufual eledion of magiftrates, and put a {top to all the ordinary affairs of fcate. An anarchy of five years cnfued. The patricians flill infifled on the facrilege and profanation that would be incurred by fufFering the rites ufually performed by the confuls to pafs into plebeian hands. The tribunes, to elude this myilerious obje<5lion, v^/hich laid fafl hold on the fuperfti- tious minds of the people, contrived a fhifr. They moved, that the ordinary attendants on the facrcd rights fhould be augmented from two to ten ; and that of thefe one half fnould be named of plebeian extradion. The patricians ftruggled as long as they could, but were at lafb obliged to give way ill. To the afts in favour of in- folvent debtors. 2dly. To the agrarian law, or limitation of property in land. sdly. To the new eftablifhment relating to the priellhood, and to the communication of the confulate itfelf to perfons of plebeian rank. The plebeian party prevailed in all their points, and raifed Sextius, the tribune, to the oiiice of conful : and, from one ftep to another, they obtained that all the offices, whether of prscor or cedile, of dictator or cenfor, were in procefs of time filled with perfons of either rank, and the dillindlion of pa- trician or plebeian became merely nominal. The only effedt it now had was favourable to the ple- beians, as it limited the choice of tribunes to their own order j while, in common with the pa- 2 tricians. Rome. 353 ^riciafis, they had accefs to every other dignity 3n the ftate. In this account of the Roman con- Ititution, we are now come nearly to that ftate of its maturity, at which Polybius began to admire the felicity of its inftitutions, and the order of its adminiftration. The mafs, however, was far from being fo well compadled) or the unity of power fo well cftablilhedjj as it is in the Englifh conftitution , the fenate and the popubr allem- blies, in their legiflative capaciiies, counreradled one another. However, from this time forward, through a long period of v;ars, with Greeks, Gauls, Italians, and Carthaginians, tiie donicllic policy of the Itate appears to be wile and orderly. The difl:in6lion between patrician and plebeian was become altogether nominal ; the defcendants of thofd who had held the higher ofHces of flare were, in confequence of the preferments of their anceftors, confidered as noble*, and, as the ple- beians now found no difficulty in obtaining the offices of ftate, they were continually opening the way of their pofterity to the rank of nobles. The plebeians were entitled by law to claim one of the conful's feats, and frequently occupied both. The authority of the fenate, the dignity of the equcftrian order, and the manners of the people in general^ were guarded, and in a great meafure preferved, by the integrity and llrid: exercife of the cenforial power. The wifeft and moft re- fpeded of the citizens, from every condition^ were raifed into office , and the aflemblies, whe* ther of the fenate or the people, without envy and without jealoufy, fuifered themfelves to be governed by the counfels of a few able and vir* tuous men. The fpirit of the people was, how- ever, in a high degree democratical ; and thougfx they fuftci^ed themfeiyes to be governed by the A a filent 554 Ancient Benweratkal Republics. fileiit influence of perfonal authority in a few of their citizens, yet they could not endure any fpecies of uncommon pre-eminence, even that which arofe from the luftre and well-founded pretenfions of diitinguiihed merit. The condud of the Romans towards the Greeks fhould not be forgotten-, fince it appear* to have been copied from the policy of Antalci- das in his Perfian treaty. The llates of the Achaean league, already on the decline, haften- ed, by the temerity and diftraclions of their own councils, the career of their fortunes to its ter- mination. The Romans, even while they dif- fered this famous republic to retain the (hew of its independence, had treated its members, in many particulars, as fubjecis. At the clofe of the war with Perfeus, they had cited to appear at Rome, or taken into cuftody as prifoners of ftate, many citizens of Achaia : of thefe they had detained about a thouland in different prifons of Italy. After a period of feventeen years, three hundred who remained alive were fet at liberty, Polybius was one of them : he attached himfelf to Scipio, the fon of Emilius, and no doubt con- tributed much to his education and great cha- ra6ler. The Romans, while they detained fo many Greek prifoners, aflumed the adminiftration of affairs in Greece, difpofed of every diftinfiion, whether of fortune or power, to their own tools. l>.ey received appeals from the judgment of the Achaean council, and encouraged its mem- bers, contrary to the exprefs conditions of thcfr league, to fend feparate embaffies to Rome. The Spartans, having been forced into the Ach^ea* confederacy, continued refractory in moff: of its councils. By feme of their complaints at Kom?, they Rome. 2S5 they obtained a deputation from the fenate, to hear parties on the fpot, and to adjuft their dif- ferences. The Achasan council, incenfed at this infult which was offered to their authority, pro- ceeded to enforce their own decrees againft the republic of Sparta, marched an army, and de- feated the inhabitants of that city who ventured to oppofe them. The Roman commiflioners ar- riving after thefe hodilities, fummoned the par- ties to affemble at Corinth, and, in the name of the fenate, gave fentence 'That Lacedamon, Co^ rinth^ ArgoSy lieracka^ and OrchomenoSy not having been original members of the Achaean confederacy^ Jhoiild now he disjoined from it i and that all the cities which had been refcued from the dominion of Philip fhould be left in full poflelTion of their freedom and independency. A war enfued, ia which Metellus and jVlummius defeated the Greeks, and the Achasan league was diffolved. The enmity and the friendfhip of the Romans was equally fatal. As the Achsean league was diflblvcd, on having incurred their refentment ; fo the remnant of the Spartan republic periflicd, in having accepted their prote(5tion : and nothing could be more juft than that the Spartans fhould pcrifh under an infidious policy, which they themfelves had firfl: invented, pradifed, and fug- gefted to the Romans -, who, under the command of Flaminius, about fifty years before this date, in order to detach the Grecian cities from Philip, proclaimed with fo much oflentation, at the Ifth- mus of Corinth, general independence^ and the free exercife of their own laws, to ail the republics of Greece. The Achaean league was uiflbivcd, and all their conventions annulled. The (tares which had compofcd it were deprived of their love- reignty, fubjedcd to pay a tribute, and placed A a 2 under 3 5 6 Ancient Bemdcratical Republics. under the government of a perfon annually fent from Rome with the title of Praetor of Achaia, But the fuccefs of the Roman arms abroad, be- came the fource of a ruinous corruption at home. In the flate itfelf, the governing and the governed felt feparate interefts, and were at variance from motives of avarice, as well as ambition. Two hundred and thirty years had elapfed fince the animofities of patrician and plebeian were ex- tinguilhed by the equal participation of public honours. This diftinclion itfelf was, in a great meailire, obliterated, and gave way to a new one, which, under the denomination of nobles and iommons, or illujiricus and obfcure^ without in- volving any legal difparity of privileges, gave rife to an ariftocracy, whicli was partly hereditary, founded on the repeated fuccelTion to honours in the fame family ; and partly perfonal, founded on the habits of high ftation, and in the advantages of education, fuch as never fail to diftinguifh tha conditions of men in every great and profperous ftate. Thefe circumftances conferred a power on the nobles, v/hich, though lefs invidious, was not lefs real than that which had been poffefTcd by the ancient patricians. The exercife of this power was lodged with the fenate, a body which, though by the emulation of its members too much difpofed to war, and ambitious of conqueft, was never fur- pafTed in magnanimity, ability, or in fteadinefs, by any council of (late whatever. The people had fubmaitted to the fenate, as pofTefled of an authority which was founded in the prevailing opinion of their fuperior v/orth ; and even the moft afpiring of the commons allowed themfelves to be govern- ed by an order of men, amongft whom they them- felves, by proper efforts and fuirable merit, might hope to afcend. The knights, or the equeftrian order. Homi. S57 order, being perfons poflelTed of eftates or efFed:s ' 'f a certain valuation, and fecliided from the pur- iuir of political emolument or honour, formed, b' 'tween the fenate and the people, an intermediate raiik, who, in confequen e of their having a capi- tal, and being lefs engaged than the fenators in affairs of ftate, became traders, contraflors, far- mers of the revenue, and conftituted a fpecies of moneyed intereft. Circumftances which appear to be fixed in the political ftate of nations, are often no more than a paflage in the fhifting of fcenes, or a tranfition from that which a people have been, to what they are about to become. The nobles began to avail themfelves of the high authority and advantages of their ftation, and to accumulate property as well as honours. Citizens contended for offices in the ftate, as the road to lucrative ap- pointments abroad , and when they had obtained this end, and had reigned for a while in fome pro- vince, they brought back from their goverment a profufion of wealth ill acquired, and the habit of arbitrary and uncontrouled command. When dif-^ appointed in the purfuits of fortune abroad, they became the leaders of dangerous factions at home j or, when fuddenly poffefred of great wealth, they became the agents of corruption, to difieminate idlenefs and the love of ruinous amufements in the minds of the people. The city was gradually crowded with a populace, who, tempted with the cheap or gratuitous diftribution of corn, by the frequency of public fliows, by the confequence they enjoyed as members of the popular aflem- blies, flocked to Rome. There they were corrupted by idlenefs and indigence ; and the order itfelf was continually dcbafed by the frequent acceffion of emancipated flaves. A tur- buitnt populace tyrannized, in their turn, over A a 3 thf 35$ Ancient Democrat ical Republics, the mafters of the world, and wreaked on the conquerors of fo many nations the evils which they themfelves had fo freely inflicted on man- kind. Citizens of this extradtion could not for ages arrive at any places of truft, in which they could, by their perfonal defe6ls, injure the commonwealth i but they increafed, by their num- bers and their vices, the weight of that dreg, which, in great and profperous cities, ever finks, by the tendency of vice and mifcondudt, to the loweil condition. They became a part of that faftion, who are ever actuated by envy to their fuperiors, by mercenary views, or by abjecl fear , who a e ever ready to elpoufe the caufe of any leader, againft the reflraints of public order ; dif- pofed to vilif' the more refpedlable ranks of men^ and, by their indifference on the fubjefts of juftice or honour, to fruftrate every principle that may be employed for the government of mankind, be- fides fear and compulfion. Although citizens of this defcription were yet far from being the ma- jority at Rome, yet it is probable that they were in numbers fufficient to contaminate the whole body of the people; and if enrolled promif- cuoully in all the tribes, might have had a great weight in turning the fcale of political councils. This efFcft, however, was happily prevented, by the wife precaution which the cenfors had taken, to confine all citizens of mean or flavifh extrac- tion to four of the tribes. Thefe were called the tribes of the city, and formed but a fmall propor- tion of the whole. Nctwithflanding this precau- tion, we muft fuppofe them to have been very improper parties in the participation of fovereign- ty, and likely enough to difturb the place of al- fembly with diforders and tumults. While the inferior people funk in their characlers. or v/ere 5 debafed Ram. 35 ^d^bafed by the circumftances mentioned, the fu- perior ranks, by their application to affairs of ilate, by their education, by the ideas of high birth and family diftin6lion, by the fuperiority of fortune, began to rile in their eftimation, in their pretenfions, and in their power , and they enter- tained fome degree of contempt for perfons, whom the laws ft ill required them to admit as their fel- low-citizens and equals. In this difpofition of parties, fo dangerous in a commonwealth, and amidft materials fo lilcely to catch the fiame, fomc fparks were thrown, that foon kindled up ane\v all the popular animofities which feemed to have been fo long extinguifhed. Tiberius Gracchus, born of a plebeian family, but ennobled by the honours of his father, by his defcent, on the fide of his mother, from the tirft Scipio Africanus, ^nd by his alliance with the fecond Scipio, whc? had married his filter, being now a tribune of th people, and poiTcired of all the accptpplilhments required in a popular leader, great ardour, relblu- tion, and eloquence, formed a projcvil in itfelf ex- tremely alarming, and in i:s confequences danfyer- ous to the peace of the republic. Joeing called to account for his conduct as quseilor in Spain the feverity he experiencetl from the fcnate, an^ the protection he obtained from the people, fillc4 his brcaft with aniniofity to the one, and a prepof- feffion in favour of the other. Actuated by theff difpofitions, or by an itiea not uncommon to en- thufiaftic minds, that //v unequal dijlvibuticn cf prO' ferty^ fo favourable to the rich, is an injury to the poor, he propofed a revival of the law of Licinius, by v,^hich Roman citizens had been rellrained from accumulating eilatcs in land above the value of five luindred jugera, little more than half aj many acres. I'his was become iinpra(^ticable, and A a 4 even '^66 "Ancient T)emocratkal Republic f. even dangerous, in the prefent (late of the repub- lic. I'ke diftin^ions of f cor end rich are as neceffary^ in fiat es of ccnfiderahk extent, as labour atid good go- vernment The poor are dejlined to labour \ and the rich^ by the advantages of education, independence^ and leifure, are qualified for fuperior ftations. The empire was now greatly extended, and owed its iafetyj and the order of its government, to a rtfpeftable ariftocracy, founded on the poiTeffion of iortune, as well as perfonal qualities and pubic honours. The rich were not, without feme violent convul- iion, to be ftript of ellates which they themfelves had bought, or which the-y had inherited from their anceftors. The poor were not qualified at once to be raifed to a ftate of equality with per- fons inured to a better condition. The projedt feemed to be as ruinous to government as it was to the fecurity of property, and tended to place the members of the commonwealth, by one rafh and precipitate llep, in fuuafions in which they were not at all qualified to adr. For thefe rea- fons, as well as from motives of private intereft affecfling the majority of the nobles, the projedl of Tiberius was ftrenuoufly oppofed by the jenate , and, from motives of envy, interelt, or miflaken zeal for juftice, as warmly lupported by the op- pofite party. Acting in concert with Appius Claudius, whofe daughter he had married, a fe- nator of the family of Craflus, who was then at the head of the priefthood, and Mutius Sc^vola the conful, he exhaufted all his art, and difplayed all his eloquence in declamation ; but when he came to propofe that the law fhould be read, he found that his opponents had procured M. 06lavius, one of his colleagues, to interpoie his ne- gative, and forbid any further proceeding in the bufinefs, Here^ according to the law and the coifii- tution Romel J 6 1 ^ution^ the matter Jhould have dropped : but inflamed and unbalanced parties are noc to be reftrained by laws and conftitutions. The tribunes were infti- tuted to defend their own party, not to attack their opponents ; and to prevent, not to promote innovations. Every fingle tribune had a negative on the whole. The reft of the ftory I muft leave. The conftitution thus violated, Gracchus next violated the facred charadter of his colleasue the tribune. The fenate were tranfported with indignation ; violence enfued, and the two Gracchi fell. Afterwards Marius carried the popular pre- tenfions ftill higher; and Sylla rnight, if he would, have been emperor. Caefar followed, and com- pleted the cataftrophe. This commonwealth, by the fplendor of its afllons, the extent of its empire, the wifdom of its councils, the talents, integrity, and courage of a multitude of characters, exhibits the faireft pro- fpeft of our fpecies, and is the moft fignal exam- ple, excepting England, of the wifdom and uti- lity of a mixture of the three powers in a com- monwealth : on the other hand, the various vicif- fitudes of its fortune, its perpetual domeftic con- tcfts, and internal revolutions, are the cleared proofs of the evils arifing from the want of com- plete independence in each branch, and from aR jncffe($tual balance. LETTER 36* Condujion. LETTER LIU, CONGRESS. My dear Sir, BY the authorities and examples already re- cited, you will be convinced, that three branches of power have an unalterable foundation in nature ; that they exifl in every fociety natural and artificial ; and that if all of them are not ac- knowledged in any conftitution of government, it will be found to be imperfeci:, unliable, and foon enflaved : that the legiflative and executive au- thorities are naturally diilind: j and that liberty and the laws depend entirely on a feparation of them in the frame of government : that the legif- lative power is naturally and neceflarily fovereign and fupreme over the executive ; and therefore that the latter muft be made an effential branch of the former, even with a negative, or it will not be able to defend itfelf, but will be foon invaded, undermined, attacked, or in fome way or other totally ruined and annihilated by the former. This is applicable to every ftate in America, in its indi- vidual capacity : but is it equally applicable to the United States in their foederal capacity ? The people of America, and their delegates in congrefs, were of opinion, that a fingle alfembly was every way adequate to the management of all their foederal concerns ; and with very good rea- fon, becaufe congrefs is not a legiflative alfembly, nor a reprefentative affembly, but only a diplo- matic Cojjgrep. g6g matic aflembly. A fingle council has been found to anfwer the purpofes of confederacies very well. But in all fuch cafes the deputies are refponfible to the dates j their authority is clearly afcertain- ed , and the ftates, in their feparate capacities, are the checks. Thefe are able to form an effeftual balance, and at all times to controul their dele- fates. The fecurity againft the dangers of this ind of government will depend upon the accu- racy and decifion with which the governments of the feparate ftates have their own orders arranged and balanced. The neceflity we are under of fub- mitting to a foederal government, is an additional and a very powerful argument for three branches, and a balance, by an equal negative, in all the feparate governments. Congrefs will always be compofed of members from the natural and arti- ficial arirtocratical body in every ftate, even in the northern, as well as in the middle and fouthern ftates. Their natural difpofitions then in general will be (whether they ftiall be fenfible of it or not, and whatever integrity or abilities they may be poflefled of) to diminifti the prerogatives of the governors, and the privileges of the people, and to augment the influence of the arirtocratical par- ties. There have been caufes enough to prevent the appearance of this inclination hitherto -, but a calm courfe of profperity would very foon bring it forth, if eftcftual provifion againft it be not made in feafon. It will be found ablolutely ne- cedary, therefore, to give negatives to the gover- nors, to defend the executives againft the influence of this body, as well as the fenates and reprcfen- tatives in their feveral ftates. 7'he necelTity of a negative in the houle of reprefcntatives, will be called in qucftion by nobody. Dr. ^^4 Conclufa'ii. Dr. Price and the Abbe de Mably are zealous for additional powers to congrcls.' Full power in all foreign affairs, and over foreign commerce, and perhaps fome authority over the commerce of the ftates with one another, may be neceiTary ; and it is hard to fay, that more authority in other things is not wanted : yet the fubjeCL is of fuch extreme delicacy and difficulty, that the people are much to be applauded for their caution. To collect together the ancient and modern leagues the Amphydtionic, theOlynthian, the Argivc, the Arcadian, and the Achasan confederacies, among the Greeks the general diet of the Swifs can- tons, and the ftates' general of the United Nether- lands the union of the hanie tov^ns, Src. which have been found to anlwer the purpofes both of government and liberty j to comjpare them all, with the cifcumftances, the fituation, the geo- graphy, the commerce, the Dopulation, and the forms of government, as well as the climate, the foil, and manners of the people, and confider what further fcederal powers are wanted, and may be fafely given, would be a ufeful work. If your public engagements allow you the time to under- take fuch an enquiry, you will find it an agreeable amufement. X. E T T E R Locke, Milton, and Himil gB^ LETTER LIV. LOCKE, MILTON, and HUM E,' My dear Sir, CHIMERICAL fyftems of leglflatlon are nei- ther new nor uncommon, even among men of the mod refplendcnt genius and extenfive learn- ing. It would not be too bold ro fay, that fome parts of Plato and fir Thomas More, are as wild as the ravings of Bedlam. A philofopher may be perfeft mafterof Defcartes and Leibnitz, may pur- iue his own enquiries into metaphyfics to any length you pleafe, may enter into the inmoft re- cefles of the human mind, and make the nobleft difcoveries for the benefit of his fpecies , nay, he may detifnd the principles of liberty and the rights of mankind, witli great abilities and fuccefs ; and, after all, when called upon to produce a plan of iegiflation, he may aftonifli the world with a fig- nal abfurdity. Mr. Locke, in 166^, was em- ployed to trace out a plan of Iegiflation for Caro- lina; and he gave the Vv-hole authority, executive and legi dative, to the eight proprietors, the lords Berkley, Clarendon, Albemarle, Craven, and Afh- ley ; and meflleurs Carteret, Berkley, and Colle- ton, and their heirs. This new oligarchical fove- reignty created at once three orders of nobility : barons, with twelve thouland acres of land -, ca- ciques, with twenty- four thoufand, &c. ; ard landgraves, with eighty thoufand. Vv'ho did this iegiflator think would live under his government ? He ^66 Conclujion, He fhoiild have firft created a new fpecies of be- ings to govern, before he inflituted fuch a go- vernment. A man may be a greater poet than Homer, and one of the moft learned men in the world ; he may fpend his life in defence of liberty, and be at the fame time one of the moft irreproachable moral characters ; and yet, when called upon to frame a conftitution of government, he may de- monflrate to the v/orld, that he has refle(5led very little on the fubjedt. There is a great hazard in faying all this of John Milton j but truth, and the rights of mankind, demand it. In his " Ready and Eafy Way to eftablifh a Free Commonwealth,'* this great author fays, " I doubt not but all in- *' genuous and knowing men will eafily agree " with me, that a free commonwealth, without *' fingle perfon, or houfe of lords, is by far the *' belt government, if it can be had ; for the ** ground and bafis of every juft and free govern- *' ment, is a general council of ableft men chofen *' by the people to confult of public affairs, from *' time to time, for the common good. In this *' grand council muft the fovereignty, not tranf- *' ferred, but delegated only, and, as it were, de- " pofited, refide ; with this caution, they muffc *' have the forces by fea and land committed to *' them for prefervation of the common peace and " liberty , muH raife and manage the public re- *' venue, at leaft with fome infpeflors deputed " for fatisfa(ftion of the people how it is employ- *' ed ; muft make or propole civil laws, treat of *' commerce, peace, or war with foreign nations; *' and, for the carrying on fome particular affairs " with more fecrecy and expedition, . muft elecft, " as they have already, out cf their own number *' and others, a council of ftyae. And aithouQ;h it may Locke, Miltofty and Hume. 367 may feem ftrange at firft hearing, by reafon that men's minds arc prepoflelTed with the notion of fuccefTive parliaments, I affirm that the grand council, being well chofcn, fhould be perpetual \ for fo their bufinefs is, or may be, and often- times urgent , the opportunity of affairs gained or loft in a moment. The day of council can- not be fet as the day of a feftival, but muft be ready always, to prevent or anfwer all occafions. By this continuance they will become every way fkilfulleft, beft provided of intelligence from abroad, beft acquainted with the people at home, and the people with them. The lliip of the commonwealth is always under fail ; they fit at theftern, and if they ftcer well, what need is there to change them, it being rather dangerous ? Add to this, that the grand coun- cil is both foundation and main pillar of the whole ftate , and to move pillars and founda- tions, not faulty, cannot be fafe for the build- ing. I Cee not, therefore, how we can be ad- vantaged by fucceftive and tranfitory parlia- ments-, but that they are much likelier continu- ally to unfettle, rather than to fettle a free go- vernment i to breed commotions, changes, novel- ties, and uncertainties -, to bring negle(5l upon prefent affairs and opportunities, while all minds are fufpence with ex}>e<5lation of a new affem- bly, and the affembly, for a good fpace, taken up with the new fettling of itfelf, i^c. But if the ambition of fuch as think themfelves in- jured, that they alfo partake not of the go- vernment, and are impatient to be chofen, can- not brook the perpetuity of others chofen be- fore them ; or if it be feared that long con- tinuance of power may corrupt fmcereit men, ** the gSS Condufion. ** the known expedient is, that annually a third " part of fenators go out," &c. Can you read, without fhuddering, this wild re-= verie of the divine immortal Milton ? If no bet- ter fyftems of government had been propoled, ii; would have been no wonder that the people of England recalled the royal family, with all their errors, follies, and crimes about them. Had Milton's fcheme been adopted, this country would have either been a fcene of revolutions, carnage, and horror, from that time to this, or the liber- ties of England v/ould have been at this hour the liberties of Poland, or the iQand would have been a province of France, What ! a fingle affembly to govern England ? an aflembly of fenators for life too ? What ! did Milton's ideas of liberty and free governrnent extend no further than ex- changing one houfe of lords for another, and making it fupreme and perpetual? What ! Crom- well, Ireton, Lambert, Ludlow, Waller, and five hundred others, of all feds and parties, one quar- ter of them mad with enthufiafm, another with am- bition, a third with avarice, and a fourth of them honeft men, a perpetual council, to govern fuch a country ! It would have been an oligarchy of decemvirs, on the firft day of its fitting ; it would have inftantly been torn with all the agita tions of Venice, between the ariftocracy and oli- garchy, in the aflembly itfelf. li^ by ballots and rotations, and a thoufand other contrivances, it could have been combined together, it would have dripped the people of England of every fhadow of liberty, and grown in the next gene- ration a lazy, haughty, oftentatious group of pa- latines : but if they had fallen into divifions, they would have deluged the nation in blood. Locke, Milton, and. Hume, 369 ti!l one defpot would have ruled the whole, John Milton was as honcll a man as this nation ever bred, and as great a friend of liberty : but his greatnefs mod certainly diJ not confill in the knowledge of the nature of man and of govern- ment, if we are to judge from this performance, or from " The prefent Means and brief Delinea- " tion of a free Commonwealth," in his letter to General Monk. Americans in this age are too enlightened to be bubbled out of their liberties, even by fuch mighty names as Locke, Milton, Turgot, or Hume , they know that popular elec- tions of one eflential branch of the legiQature, fre- quently repeated, are the only pofTible method of forming a free conftitution, or of preferving the government of laws from the domination of men, or of preferving their lives, liberties, or properties in fecurityj they know, though Locke and Milton did not, that when popular eledions are given up, liberty and free government muft be given up. Upon this principle, they cannot approve the plan of Mr. Hume, in his " Idea of a perfeft Common- *' wealth." ** Let all the freeholders of twenty *' pounds a year in the county, and all the houle- *' holders worth five hundred pounds in the town ** parifhes, meet annually in the parifh cliurch, and choofe, by ballot, fome freeholder of the county for their member, whom we fhall call the county-reprefentative. Let the hundred county -reprefentatives, two days after their ** ele<51:ion, meet in the county-town, and choofe ** by ballot, from their own body, ten county- *' magiftrates, and one fenator. There are thcre- ** fore, in the whole commonwealth, one hun- '* dred fenators, eleven hundred county-magif- *' trates, and ten thoufand county-reprefentativcs; *' for we ftiall beftow on all fenators the autho- B b - rity 370 Conclufion. " rity of county-magiftrates, and on all countyi^, *Vmagiftrates the authority of county-reprefenta- " tives. Let the fenators meet in the capital, ** and be endowed with the whole executive *' power of the commonwealth ; the power of " peace and war, of giving orders to generals, *' admirals, and ambafiadors, and, in fhort, all " the prerogatives of a Britifh king, except his *' negative. Let the county-reprefentatives meet ** in their particular counties, and poflefs the *' whole legiilative power of the commonwealth ; ** the greater number of counties decidino- the queftion j and where thefe are equal, let the " fenate have the cafting-vote. Every new law " muft firft be debated in the fenate ; and, though '* rejeded by it, if ten fenators infift and proteft, *' it mufb be fent down to the counties : the fe- *' nate, if they pleafe, may join to the copy of ** the law their reafons for receiving or rejedling " it." &c. The fenate, by the ballot of Venice or Malta, are to choofe a proteftor, who re- prefents the dignity of the commonwealth, and prefides in the fenate j two fecretaries of fiate, and a council of flate, a council of religion and learning, a council of trade, a council of laws, a council of war, a council of the admiralty each of five perfons, all fenators ; and feven com- miflioners of the treafury. If you compare this plan, as well as -thofe of Locke and Milton, with the principles and exam- ples in the foregoing letters, you will foon torm a judgment of them ; it is not my defign to enlarge upon them. That of Hume is a complicated ariflo- cracy, and would foon behave like all other anfto'- cracies. It is enough to fay, that the reprefcnta- tives of the people may by the fenators be de- prived of a voice in the Icgillature \ becaufs the . ^ ' 2 * knats Locke, Milion] and Humf* 371 fenate have their choice of fending the laws down, either to the county-magiftrates or county-repre- fentatives. It is an ingenious device, to be fure, to get rid of the people and their reprefentatives $ befides that the delays and confufions would be endlefs, in fending the laws to be debated in as many fcparate commonwealths as there are coun- ties. But the two decifive objeftions are, i. Let- ting the nobility or fenate into t\\t management of the executive power ; and, 2. Taking the eyes of the people off from their reprefentatives in the legiflature. The liberty of the people ds^pends entirely on the conftant and direct communication between them and the legiQatiire, by means of their reprefentatives. The improvements to be made in the Englifli conftitution lie entirely in the houfe of commons,' If county-members were abolilhed, and reprefen- tatives proportionally and frequently chofen in fmall dillri(5ts, and if no candidate could be chofen but an eftablifhed long-fettled inhabitant of that diftridt, it would be impofllble to corrupt the people of England, and the houfe of commons might be an immortal guardian of the national li- berty. Inftead of projects to abolifli kings and lords, if the houfe of commons had been attended to, wild wars would not have been engaged in, nor countlefs millions thrown away, nor would there have remained an imperfedbion perhaps ia the Englifh conllitution. Let the people take care of the balance, and efpccially their part of it : but the prefervation of their peculiar part of it will depend ftill upon the exiftence and inde- pendence of the other two ; the inftant the other branches are deftroyed, their own branch, their own deputies, become their tyrants. Bb 2 LETTER 372 Conclujien] LETTER LV. CONCLUSION. Grofvmor-fquare^ Dec. 21, 1786. My dear Sir, ACCORDING to Mr. Turgot's Idea of a perfect commonwealth, a fmgle aflembly is to be poffeiTed of all authority, legiflativc, exe- cutive, and judicial. It will be a proper conclu- sion of all our fpeculations upon this, the molt interefting fubjedt which can employ the thoughts of men, to confider in what manner fuch an af- fembly will conduct its deliberations, and exert its power. The executive power is properly the government ; the laws are a dead letter until an adminiftration begins to carry them into execu- tion. Let us begin then with this. If there is an army to raife, this fingle aflembly is td ap- point ali its officers. The man of the moft am- ple fortune, the moft honourable defccnr, the greateft abilities, efpecially if there is any one among them who has had experience, rendered important fervices, and acquired fame in war, will be cholen general. This event is a great point gained by the ariftocracy ; and a great ad- vance towards the fele<5lion of one, in cafe of con- vulfions and contufions, for monarchy. The ge- neral has vaft influence, of courfe, with the whole nationg Conck/ion, 37.:? nation, and efpeclally with the officers of his ar- my i whofe articles of war, and whofe habits, both of obedience and command, eftablilh a fyf- tem of fubordination of which he is the center, and produce an attachment that never wears out. The general, even without being fenfible of it, will naturally fall in with the views of the arifto- cratical body, in promoting men of family, pro- perty, and abilities ; and indeed, in general, it will be his duty to do this, as fuch are undoubt- edly, in general, the fitteft for the fervice : his whole corps of officers will grow habitually to refpefl fuch only, or at lead chiefly , and it muft be added, becaufe experience proves it, and the truth requires it to be mentioned, to entertain fome degree of contempt for the reft of the peo- ple, as " rank and file.'* The general's recom- mendation will have great weight in the alTem- bly, and will in time be given chiefly, if not wholly, to men who are either of the ariftocrati- cal body themfelves, or at leaft recommended by fuch as are fo. All the other officers of the army are to be appointed by this aflt:mbly -, and we muft fuppofe that all the general officers and field officers will be of patrician families, be- caufe each candidate will be unknown to nine- tenths of the aflTcmbly. He comes from a part of the ftate which a vaft majority of the mem- bers of the aflTembly do not particularly reprefent, and are unacquainted with ; they muft therefore t;ike his charafler upon truft from his patron in the houfe, fome member who is his neighbour, and who perhaps owes his eledlion to him or his particular friends. Here is an endlcfs fource of debate and delay. When there are two or more candidates for a commiffion, and there will ge- B b 3 nerally 574 Conclufion, nerally be feveral, how fball an alTembly of Jive hundred or one hundred men, colle6led from all the moft diftant parts of a large ftate, become in- formed of the merits and pretenfions of each can- didate ? It can only be done in public or in pri- vate. If in public, it expofes the charadttrs of the candidates to a public difcuffion, which few rnen can bear ; it confumes time without end j ^nd it will frequently happen, that the time of the "whole affembly fhali be wafted, and all the pub- lic affairs delayed, for days and weeks, in delibe- rating and debating, affirming and denying, con- trad'(5ting and proving, in the appointment of a fingle officer; and, after all, he who has friends of the moft influence in the houfe, who will be generally of the ariftocratical complexion, will be preferred. It is moderate to fay that the lols of time and delay of bufmefs will be a greater burthen to the ftate than the whole fupport of a governor and council. If there is a navy, the fame procefs muft be gone through rcfpedting ad- mirals, captains, and all other officers. All the officers of revenue, police, juftice, muft be ap- pointed in the fame way. Ambaffadors, confuls, agents to foreign countries, muft be appointed too by vote of afiembly. This branch of bufi- nefs alone would fill up the whole year, and be more than could be done. An affembly muft be informed before it can acl. The underftanding and confcience of every member ffiould be clear- ly fatisfied before he can vote. Information is to be had only by debate, and examination of evidence. Any man may fee that this muft be attended with difficulty ; but no man, who has not feen the infide of fuch an affembly, can con- ceive the confufion, uncertainty, and procrafti- natica CoKclufion. 375 nation of fuch proceedings. The American pro- vincial congreflcs had experience enough of this ; and gentlemen were more convinced, by what they there faw, heard, and felt, of the neceflity of three branches, than they would have been by reafoning or reading ; it was generally agreed, that the appointment of officers by lot would have been a more rational method. But this is not all : the army, the navy, revenue, excife, cuftoms, police, juftice, and all foreign minifters, muft be gentlemen, that is to fay, friends and connections of the rich, well-born and well-edu- cated members of the houfe ; or, if they are not, the community will be filled with (lander, fufpi- cion, and ridicule againft them, as ill-bred, ig- norant, and in all rcfpefts unqualified for their trufts } and the plebeians themfelves will be as ready as any to join in the cry, and run down their characters. In the fecond place, there ne-| ver was yet a people who muft not have fome-, body or fomething to reprefent the dignity of the' Itate, the majefty of the people, call it what you will a doge, an avoyer, an archon, a prefident, a conful, a fyndic ; this becomes at once an ob- ject of ambition and difpute, and, in time, of di- vifion, fadion, fedition, and rebellion. The next enquiry is, concerning the adminiftration of juf- tice. Shall every criminal be brought before this affcmbly and tried ? fliall he be there accufed be- fore five hundred men ? witnefles introduced, counfel heard ? This again would take up more than the whole year ; and no man, after all, would confider his life, liberty, or property, fafe in fuch a tribunal. Thefe all depend upon the difquifitions of the counfel, the knowledge of the law in the judges, the confrontation of parties B b 4 and ^yS Conclufion, and witnefles, the forms of proceedings, by which the fads and the law are fairly dated before the jury for their decifion, the rules of evidence, by which the attention of the jury is confined to proper points, and the artifices of parties and counfel avoided. An afiembly of five hundred men are totally incapable of this order, as v/eil as knowledge ; for, as the vote of the majority rnuft determine, every member muft be capable, or all is uncertain : befides, it is the unanimity of the jury that preferves the rights of mankind muft the whole five hundred be unanimous ? Will it be faid that the aflembly fhall appoint committees to try caufes ? But who are to make thefe appointments ? Will not a few haughty pa- latines m the alTembly have influence enough to determine the election in favour of their friends? and will not this make iwt judges the tools of z, party ? If the leaders are divided into parties, will not one prevail at one year, and another the next ? and will not this introduce the mod wretched of fervitudes, an uncertain juriipru- dence ? Will it be faid that the affembly fhall appoint committees for the nomination of offi- cers ? The fame intrigues, and greater ftruggles, would be introduced for the place of a com- mittee-man i and there would be frequent ap- peals from thofe committees to the body that appointed them. Shall the afiembly appoint a governor or prefident, and give him all the exe- cutive power ? Why fhould not the people at large appoint him ? Giving this power to the afiembly will open a wider door to intrigue for the place , and the ariftocratical families will be fure, nine times in ten, to carry their choice in this way ^ and, what is much worie, the fird ma- giftratQ Conclufwn. 377 giftrate will be confidered as dependent on every obfcurc member of the houfe, but in reality he will be dependent only on a dozen or a fcore, perhaps on two or three, of the whole. He will be liable to daily motions, debates, and votes of cenfure. Inllead of thinking of his duty to the people at large, he will confine his attention chief- ly to the affembly, and believe, that if he can fatisfy them, or a majority of them, he has done his duty. After all, any of thefe devices are only changing words ; they are, in reality, ereding dif- ferent orders of men, and aiming at balances, as much as the fyrtem which fo much difpleafes Mr. Turgot ; they are introducing, in effed, all the inequalities and difputes that he fo greatly apprehends, without any of that fecurity to the laws which ought to be the principal objedl -, they render the executive power, which is in truth the government, the inftrument of a few grandees. It thele are capable of a combination with each other, they will feldom diiagree in their opinion, which is the richell man and of the firft family ; and, as thefe will be all their enquiries, they will generally carry their election : if they are divided, in conftant wrangles with each other, and perpe- tual attacks upon the prefident about the dilcharge of his fundions, they will keep the nation an- xious and irritated, with controverfies which can never be decided nor ended. If they agree, and the plebeians ftill carry the vote againlt them, the choice w.il neverthelefs probably fall upon one of their number, who will be dilpofed to fa- vour them too much ; but if it falls upon a ple- Ipeian, there commences at once a feries of con- tefts between the rich and the poor, which will ppver cp4 but in the ruiji of the popular power and gyS Condujion. and the national liberty or at leaft in a rcvo-- lution and a new conftitution. As the executive power, the effence of government, is ever odious to popular envy and jealoufy, it will ever be in the power of a few iiluftrious and wealthy citizens to excite clamours and uneafinefs, if not commo- tions and feditions, againft it. Although it is the natural friend of the people, and the only defence which they or their reprefentatives can have againft the avarice and ambition of the rich and ' diftinguifhed citizens, yet fuch is their thought- lefs fimplicity, they are ever ready to believe that the evils they feel are brought upon them by the executive power. How eaiy is it then for a few artful men, among the arillocratical body, to make a prefident, thus appointed and fupported, unpo- pular, though he condufts himfelf with all the integrity and ability which his office requires ? But we have not yet confidered how the legif- lative power is to be exercifed in this fingle af- fembly ? Is there to be a conftitution ? Who are to compofe it ? The affembly itfelf, or a convention called for that purpofe ? In either cafe, whatever rules are agreed on for the prefer- vation of the lives, liberties, properties, and cha- ra6ters of the citizens, what is to hinder this af- fembly from tranfgreding the bounds which they have prefcribed to themfelves, or which the con- vention has ordained for them ? The convention has publiftied its code, and is no more. Shall a new convention be called, to determine every queftion which arifes concerning a violation of the conftitution ? This would require that the convention fhould fit whenever the affembly fits, and confider and determine every queftion which i agitated in it. This is the very thing we con- tend Conclujlon, 379 tend for, viz. that there may be two aflemblies ; one to divide, and the other to choofe. Grant me this, and I am fatisficd, provided you will confine both the convention and aflembly to le- gidation, and give the whole executive power to another body. 1 had almoft ventured to propofe a third aflfembly for the executive power ; but the unity, the fecrecy, the difpatch of one man., has no equal; and the executive power fhould be watched by all men -, the attention of the whole nation Ihould be fixed upon one point, and the blame and cenfure, as well as the impeach- ments and vengeance for abufes of this power, fhould be diredted folely to the minifters oi one man.-^But to purfue our fingle aflembly. The firfb year, or the firft feven years, they may be moderate ; efpecially in dangerous times, and while an exiled royal family, or exiled patricians or nobles, are living, and may return ; or while the people's paflions are alive, and their attention awake, from the frefh remembrance of danger and diilrefs : but when thefe tranfitory caufes pafs away, as there is an afFeftion and confidence be- tween the people and their reprefentatives, fup- pofe the latcer begin to make diftindlions, by making exceptions of themfclves in the laws .'' They may frank letters ; they are exempted from arrefts ; they can privilege fervants One little diftindion after anotlier, in time makes up a large fum. Some few of the people will comp^ plain ; but the majority, loving their reprefenta- tives, will acquieice. Prefently they are ex- empted from taxes. Then their duration is too ihort ; from annual they become biennial, trien- nial, leptennial, for life ; and at lengtli, inftead of applying to conflituents to fill up vacancies^ the ^^o Condufion. the affembly takes it upon itfelf, or gives it to their prefident. In the mean time, wars are conduded by heroes to triumph and conqueft, negotiations are carried on with fuccefs, com- merce flourifties, the nation is profperous j the citizens are flattered, vain, proud of their feli- city, envied by others : it would be the ba- feft, the moft odious ingratitude, at lead it would be fo reprefented, to find fault with their rulers. In a word, as long as half a fcore of capital chara6ters agree, they will gradually form the houfe and the nation into a fyftem of fubordi- nation and dependence to themfelves, and go- vern all at their difcretion a fimple ariftocracy or oligarchy in effed:, though a fimple demo- cracy in name : but, as every one of thefe is emulous of others, and more than one of them is conftantly tormented with a defire to be the firft, they will foon difagree ; and then the houfe and the nation gradually divides itfelf into four parties, one of which at leaft will wifh for mo- narchy, another for ariftocracy, a third for de- mocracy, and a fourth for various mixtures of them ; and thefe parties can never come to a decifion but by a ftruggle, or by the fword. There is no remedy for this, but in a convention of deputies from all parts of the ftate : but an equal convention can hardly be obtained, except in times like thofe we have lately feen, when the danger could only be warded off by the aid and exertions of the whole body of the people : when no fuch danger from without fhall prefs, thofe who are proud of their wealth, blood, or wir, will never give way to fair and equal eftablifh- ments. All parties will be afraid of calling a convention *, but if it mud be agreed to, the ariftocraticai Conclujionl jS i ariftocratical party will pulh their influence, and obtain eleftions even into the conventions for themfelves and their friends, fo as to carry points there, which perhaps they could not have carried in the aflembly. But (hall the people at large deS: sl governor and council annually to manage the executive power, and a fingle aflembly to have the whole legiflative ? In this cafe, the executive power, infl:ead of being independent, will be the infl:ru- ment of a few leading members of the houfe ; becaufe the executive power, being an objeft of jealoufy and envy to the people, and the legifla- tive an objed; of their confidence and afi^edlion, the latter will always be able to render the for- mer unpopular, and undermine its influence.- But if the people for a time fupport an executive difagreeable to the leaders in the leo-iflative, the conftitution will be difregarded, and the nation will be divided between the two bodies, and each mufl: at laft: have an army to decide the quefl:ion. A conftiitution confift:ing of an executive in one fingle aflfembly, and a legiflative in another, is already compofed of two armies in battle array ; and nothing is wanting, but the word of com- mand, to begin the combat. In the prefent fl:ate of fociety and manners in America, with a people living chiefly by agri- culture, in fmall numbers, fprinkled over large tradls of land, they are not fubjeft to thofe pa- nics and tranfports, thofe contagions of madnefs and folly, which are feen in countries where large numbers live in fmall places, in daily fear of pe- rilhing for want : we know, therefore, that the people can live and increafe under almofl: any kind of government, or without any government at 3 ^2 Cmckjion.' at all. But It is of great importance to begin well ; mifarrangements now made, will have great,- cxtenfive, and diftant confequences ; and we are now employed, how little foever we may think of it, in making eftablifhments which will affedt the happinefs of an hundred millions of inhabi- tants at a time, in a period not very diflanr. ,A11 nations, under all governments, muft have parties; the great fecret is to controul them: (there are but two ways, either by a monarchy \ and Handing army, or by a balance in the con- l flitution. Where the people have a voice, and there is no balance, there will be everlafting fluc- tuations, revolutions, and horrors, until a Hand- ing army, with a general at its head, commands the peace, or the neceflity of an equilibrium is made appear to all, and is adopted by all. I am. My dear Sir, With much efteem and affedion. Yours, John Adams. JVilUam Stephens Smithy Epi, postscript; ( 53 ) P O S T S C R I P T. ' ^TpHE foreign gazettes and journals have an- nounced to the world that the Abbe De Ma- bly was applied to by the United States of Ame- rica for his advice and afliftance in the formation of a code of laws. It is unneceflary to fay any thing to this, only that it is a part of a million volumes of lies, according to the beft computation, which are to be impofed upon polterity, relative to Ameri- can affairs. The Abbe himielf, in his obferva- tions, has faid that I defired his fentiments. This;! is true , but the manner of the rcqueft ought to be known, that thofe who think it of any con- fequence may underftand in what fenfe it is true. Upon my arrival in Paris, in Odlober 1782, upon the bufmefs of the peace, the Abbe De Mably*s book, upon the manner of writing hiftory, was put into my hands. At the conclufion of that publication he declared his intention of writing on the American revolution. Meeting the Abbe foon afterwards, at dinner, at Monfieur De Cha- lut's, the farmer general, my friends the Abbes De Chalut, and Arnowe, who were of the party, informed me that their friend was about writinor" the hiftory of the American revolution, and would be obliged to me for any fafts or memorials that might be in my power. The queftion was afked. What part of the revolution he mcended to write ? The whole. Where had he obtained the mate- rials ? It was fuppoled they might be obtained from the public papers, and enquiry of indivi- duals.- In anfwer to this a few difficulties were ftarted, and the converfation fpun into length. At laft the gentlemen afked to have, in wriLing, what had been then faid upon the fubjed, as, the converfation bcinp; in French, it mi:ht not have been tuily comprehended. Accordingly, in a few days. 3^4 Pofifcript, days, I wrote the Abbe a letter, the tranflation of which, by a friend, into French, is here inclofed -, the original, in Englifh, not being in my poflef- fion. By this you will fee, that the requeil to the Abbe to write upon American affairs, was a mere civility ; and rather a defire that he would not expofc himfelf, by attempting an hiftory that he was altogether unprovided for, than any formal requeft that he fhould write at all. We ought to be obliged to any gentleman in Europe who will favour us with his thoughts : but, in general, the theory of government is as well underftood in America as it is in Europe-, and by great num- bers of individuals is every thing, relating to a free conftitution, infinitely better comprehended than by the Abbe De Mably or Mr. Turgot, amiable, learned, and ingenious, as they were. A Monfieur VAhbe de Mably, *' C'eft avec plaifir que j'ai appris votre defTcin d'ecrire fur la Revolution Americaine^ parce que vos autres ecrits, qui font beaucoup admires des Americains, contiennent des principes dc Legiflation, de Politique & de Negociation qui font parfaitement analogues aux leurs ; de forte que vous ne pourrez guere ecrire fur ce fujet fans produire un ouvrage qui fervira a Tinftruc- tion du public, & furtout a celle de mes Conci- toyens. Mais j'efpere que vous ne m'accufe- rez pas de prefomption d'affe(5tation ou de fin- gularire, fi je hazarde de vous dire que je fuis d'opinion qu'il eft encore trop-tot pour entre- prendre une Hiftoire complette de ce grand evenement, & qu'il n'y a perfonne ni en Europe ni en Ameriquc, qui, julqu'a prefent, foit en etat de la faire & qui ait les materiaux requis ou neceffaires pour cela." *' Pour entrepreadre un tel ouvrage, un Ecri- cc cc KUS:' This book is DUE on the last date stamped below 1.... _. f^l: ' UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. ^^ MAY28 19S6 OCT 5 1992 ,^f r-' ' Fo ^\)6 i i \99 #1 3 1158 00967 6692 UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000113 93