the United States. Yet it is admitted that the practical working of the system is somewhat aristocratic. From whence it may be observed, that those who look at the mere theory of any government, without paying close attention to the modes of thought, the feelings, the manners, and the customs of a community, which do much the most to determine its character, will always be liable to commit great mistakes. Thus it is with the present instance in another remarkable particular. The strict jealousy of all delegated power shown among the Grisons would at first sight appear likely to secure the greatest degree of purity in all their agents. The fact is notorious, nevertheless, that the system is one of the most corrupt ever established. In some cases, the delegate has been known to buy his post, by a regular and specified payment of money to every voter. He, in his turn, sells his vote to some leading person at home, or to a government abroad. In this way, the Austrian government has heretofore exercised great sway over the canton, and directed its policy. The administration of justice, unfortunately, partakes of the corruption thus established in politics. Such an example would seem to furnish new arguments in support of the author's theory of the necessity of balancing powers.

CHAPTER II.

ARISTOCRATIC REPUBLICS.

THE CANTON OF BERN.

It is scarcely possible to believe that M. Turgot, by collecting all authority into one centre, could have intended an aristocratical assembly. He must have meant, however, a simple form of government of some kind or other; and there are but three kinds of simple forms, democracy, aristocracy, and monarchy. As we have gone through most, if not all, the governments in Europe in which the people have any share, it will throw much light upon our subject if we proceed to the aristocracies and oligarchies; for we shall find all these under a necessity of establishing orders, checks, and balances, as much as the democracies. As the people have been always necessitated to establish monarchical and aristocratical powers, to check themselves from rushing into anarchy, so have aristocratical bodies ever been obliged to contrive a number of divisions of their powers to check themselves from running into oligarchy.

The canton of Bern has no other sovereign than the single city of Bern. The sovereignty resides in the grand council, which has the legislative power and the power of making peace, war, and alliances, and is composed of two hundred counsellors and ninety-nine assessors, the election of whom is made, by the seizeniers and the senate, from the citizens, from whom they are supposed virtually to derive their power; but a general assembly of the citizens is never called together, on any occasion, or for any purpose, not even to lay taxes, nor to make alliances or war. To be eligible into the grand council, one must be a citizen of Bern, member of one of the societies or tribes, and at least in the thirtieth year of his age.

The executive power is delegated by the grand council to the senate or little council, which is composed of twenty-seven persons, including the two avoyers or chiefs of the republic, the two treasurers of the German country and of the Pays de Vaud, and the four bannerets or commanders of the militia, taken from the first four tribes, for the four districts of the city.1 Vacancies in this senate are filled up by a complicated mixture of ballot and lot; twenty-six balls, three of which are gold, are drawn out of a box by the several senators; those who draw the golden ones nominate three electors out of the little council; in the same manner, seven members are designated from the grand council, who nominate seven electors from their body; these ten nominate ten candidates to be voted for in the grand council; the four of these who have the most votes, draw each of them a ball out of a box, which has in it two of gold and two of silver; the two who draw the gold are voted for in the grand council, and he who has the most votes is chosen, provided he be married, and has been ten years in the grand council.

Vacancies in the grand council are filled up at certain periods of about ten years, and two new members are appointed by each avoyer, one by each seizenier and senator, and two or three others by other officers of state; if there are more vacancies, they are filled by the election of the seizeniers and senators.

The seizeniers, who have this elective power, are drawn by lot from among those members of the grand council who have held the office of bailiffs, and who have finished the term of their administration. The bannerets and seizeniers have, by the constitution, an authority, for three days in Easter, resembling that of the censors in ancient Rome, and may deprive any member of either council of his place; but, as their sentence must be confirmed by the great council, they never exercise their power. There are six noble families at Bern, who enjoy the precedence of all the other senators although more ancient members, and have rank immediately after the bannerets.

The principal magistrates are, the two avoyers, who hold their offices for life; the two treasurers, who continue for six years; and the four bannerets, who remain only four. The avoyers

officiate alternately a year; and the reigning avoyer, although he presides in council, in an elevated seat under a canopy, and has the public seal before him, has no vote, except in cases of equal divisions, and never gives his opinion unless it is required. The avoyer, out of office, is the first senator and president of the secret council.

The secret council is composed of the avoyer out of office, the four bannerets, the two treasurers, and two other secret counsellors taken from the senate. In this body all affairs that require secrecy, - and some of these are of great importance, - are debated and determined.

The grand council assembles and deliberates by its own authority at stated times, and superintends all affairs, although the most important are delegated generally to the senate. The whole administration is celebrated for its uncommon moderation, precision, and despatch.1

There are seventy-two bailiwicks, distributed in four classes,

1 The government of Bern, though extremely aristocratic in its character, seems until lately to have been satisfactory to the great mass of the people. The doctrines of the French revolution excited little sympathy, and the invasion which followed was resisted by the whole nation, although feebly seconded by the government itself. The old system was overturned by the French power, which imposed upon the people a new one. The people of Switzerland were ordered by General Brune, at the head of thirty thousand French troops, to enjoy a free government, "one and indivisible." It was not until after the general settlement of Europe, in 1816, that any part of the old form was permanently reëstablished. Certain modifications were then introduced, all of them of a popular character, without materially changing the nature of the government. Yet, as they serve to show the progress of liberal principles, it may not be without use to point them out.

The right of citizenship in the town, carrying with it eligibility to the grand council, is opened to the citizens of the country.

The country is admitted to a share of the administration, being entitled to ninety-nine members of the grand council, the city retaining two hundred. Of these ninety-nine members, the towns have the right of choosing seventeen. The election is made by the magistrates, and not by the people.

The election

The country districts have the right of choosing seventy more. is made by electoral colleges, especially organized for the purpose, but not distinctly provided for in the constitution.

The remaining twelve are chosen by the grand council itself, on the nomination of the little council and the committee of sixteen. The motive assigned for this reservation is, "to equalize any disproportion of representation which may happen from the preceding division, as well as to consider persons who, either in public employments, in high military posts, or in scientific pursuits, may have distinguished themselves, and deserved well of their country."

The two hundred members of the city are chosen by the little council and a committee of sixteen taken from the larger body. This smaller body forms a list of candidates over the age of twenty-five. At each vacancy, the eldest on this

comprehending a country of sixty leagues in length, or a third part of all Switzerland, subject to this city. The bailiffs are appointed by lot from the grand council. They were formerly chosen, but this method, rendering all the members dependent upon a few, who had the most influence, had too strong a tendency to an oligarchy. The bailiwicks are the most profitable places, and are filled from the grand council. The bailiffs live in much splendor, and are able to lay up two or three thousand pounds sterling a year, besides discharging all their expenses. They represent the sovereign authority, put the laws in execution, collect the revenues, and act as judges in civil and criminal causes. An appeal lies to Bern, in civil causes to the courts of justice, and in criminal to the senate; but as the judges on appeal are persons who either have been or expect to be bailiffs, there is great reason to be apprehensive of partiality.

There is no standing army, but every male of sixteen is enrolled in the militia, and obliged to provide himself a uniform, a musket, powder, and ball; and no peasant is allowed to marry without producing his arms and uniform. The arms are inspected every year, and the men exercised. There are arsenals of arms at Bern, and in every bailiwick, sufficient for the militia of the district, and a sum of money for three months' pay. The dragoons are chosen from the substantial farmers, who are obliged to provide their own horses and accoutrements. There is a council of war, of which the avoyer out of place is president in peace; in war, a general is appointed to command all the forces of the state.

There is a political seminary for the youth, called the exterior state, which is a miniature of the whole government. The young men assemble and go through all the forms; they have their grand council, senate, avoyers, treasurers, bannerets, seizeniers, &c.; the post of avoyer is sought with great assiduity. They debate upon political subjects, and thus improve their