Europe, possessed of ample and fertile territories at home and extensive dominions abroad, of a commerce with the whole world, immense wealth, and the greatest naval power which ever belonged to any nation, which has still preserved the power of the people by the equilibrium we are contending for, by the trial by jury, and by constantly refusing a standing army. The people of England alone, by preserving their share in the legislature, at the expense of the blood of heroes and patriots, have enabled their king to curb the nobility, without giving him a standing army.

After all, let us compare every constitution we have seen with those of the United States of America, and we shall have no reason to blush for our country. On the contrary, we shall feel the strongest motives to fall upon our knees, in gratitude to heaven for having been graciously pleased to give us birth and education in that country, and for having destined us to live under her laws! We shall have reason to exult, if we make our comparison with England and the English constitution. Our people are undoubtedly sovereign; all the landed and other property is in the hands of the citizens; not only their representatives, but their senators and governors, are annually chosen ; there are no hereditary titles, honors, offices, or distinctions", the legislative, executive, and judicial powers are carefully separated from each other; the powers of the one, the few, and the many are nicely balanced in the legislatures; trials by jury are preserved in all their glory, and there is no standing army; the habeas corpus is in full force; the press is the most free in the world. Where all these circumstances take place, it is unnecessary to add that the laws alone can govern.

1 "Would that it had constantly been refused! A standing army is dangerous in any hands! Even if the people had preserved their share in the legislature, a standing army in their pay would be inexpedient and dangerous."

S.

CHAPTER IV.

OPINIONS OF PHILOSOPHERS.

DR. SWIFT.

THE authority of legislators and philosophers, in support of the system we contend for, is not difficult to find. The greatest 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 question, as it certainly has been, by others as well as M. Turgot. I shall begin with one, who, though seldom quoted as a legislator, appears to have considered this subject, and to have furnished arguments enough forever to determine the question. Dr. Swift observes,* " that the best legislators of all ages agree in this, that the absolute power, which originally is in the whole body, is a trust too great to be committed to any one man or assembly; and, therefore, in their several institutions of government, power, in the last resort, 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 carefully held by every state within itself.'

...

"A mixed government, partaking of the known forms received in the schools, is by no means of Gothic invention, but hath place in nature and reason, and seems very well to agree with the sentiments of most legislators. For, not to mention the several republics of this composition in Gaul and Germany, described by Cæsar and Tacitus, Polybius tells us, the best government is that which consists of three forms, regis, optimatium, et populi imperio.† Such was that of Sparta in its primitive institution by Lycurgus, who, observing the corruptions and depravations to which every one of these was subject, compounded his scheme out of all; so that it was made up of reges, seniores, et populus. Such also was the state of Rome under its consuls; and such, at Carthage, was the power in the last resort; they had their kings, senate, and people." A limited and divided power seems to have been the most ancient and inherent principle, both of the Greeks and Italians, in matters of government. "The difference between the Grecian monarchies and Italian republics was not very great. The power of those Grecian princes, who came to the siege of Troy, was much of a size with that of the kings of Sparta, the archon of Athens, the suffetes at Carthage, and the consuls at Rome." Theseus established at Athens rather a mixed monarchy than a popular state, assigning to himself the guardianship of the laws and the chief command in war. This institution continued during the series of kings to the death of Codrus, from whom Solon was descended,

"Who, finding the people engaged in two violent factions, of the poor and the rich, and in great confusion, refusing the monarchy which was offered him, chose rather to cast the government after another model, wherein he made due provision for settling the balance of power, choosing a senate of four hundred, and disposing the magistracies and offices according to men's estates; leaving to the multitude their votes in electing, and the power of judging certain processes by appeal. This council of four hundred was chosen, one hundred out of each tribe, and seems to have been a body representative of the people, though the people collective reserved a share of power to themselves."

"In all free states, the evil to be avoided is tyranny; that is to say, the summa imperii, or unlimited power, solely in the hands of the one, the few, or the many."

"Though we cannot prolong the period of a commonwealth beyond the decree of heaven or the date of its nature, any more than human life beyond the strength of the seminal virtue, yet we may manage a sickly constitution, and preserve a strong one; we may watch, and prevent accidents; we may turn off a great blow from without, and purge away an ill humor that is lurking within; and, by these and other such methods, render a state long-lived, though not immortal. Yet some physicians have thought, that if it were practicable to keep the several humors of the body in an exact balance of each with its opposite, it might be immortal; and so perhaps would a political body, if the balance of power could be always held exactly even."

All independent bodies of men seem naturally to divide the three powers, of the one, the few, and the many. A free people met together, as soon as they fall into any acts of civil society, do of themselves divide into three ranks. "The first is that of some one eminent spirit, who, having signalized his valor and fortune in defence of his country, or, by the practice of popular arts at home, comes to have great influence on the people, to grow their leader in warlike expeditions, and to preside, after a sort, in their civil assemblies. And this is grounded upon the principles of nature and common reason, which, in all difficulties or dangers, where prudence or courage is required, do rather incite us to fly for counsel or assistance to a single person, than a multitude. The second is, of such men, who have acquired large possessions, and, consequently, dependencies, or descend from ancestors who have left them great inheritances, together with an hereditary authority; these, easily uniting in opinions, and acting in concert, begin to enter upon measures for securing their properties, which are best upheld by preparing against invasions from abroad and maintaining peace at home; this cornmences a great council or senate for the weighty affairs of the nation. The last division is of the mass of the people, whose part of power is great and indisputable, whenever they can unite, either collectively or by deputation, to exert it."

...

"The true meaning of a balance of power is best conceived by considering what the nature of a balance is. It supposes three things, first, the part which is held, together with the hand that holds it; and then the two scales, with whatever is weighed therein. In a state within itself, the balance must be held by a third hand, who is to deal the remaining power with the utmost exactness into the several scales. The balance may be held by the weakest, who, by his address and conduct, removing from either scale and adding of his own, may keep the scales duly poised.

...

"When the balance is broken by mighty weights fallen into either scale, the power will never continue long, in equal division, 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 Dominatio Plebis in Carthage and Argos.

"In Rome, from the time of Romulus to Julius Cæsar, the commons were growing by degrees into power, gaining ground upon the patricians, as it were, inch by inch, till at last they quite overturned the balance, leaving all doors open to popular and ambitious men, who destroyed the wisest republic, and enslaved the noblest people that ever entered on the stage of the world.

"Polybius tells us, that in the second Punic war, the Carthaginians were declining, because the balance was got too much on the side of the people; whereas the Romans were in their greatest vigor, by the power remaining in the senate."

...

"The ambition of private men did by no means begin or occasion the war between Pompey and Cæsar, though civil dissensions never fail of introducing and spiriting the ambition 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 possibly enslave their country; but that once broken, the divided parties are forced to unite each to its head, under whose conduct or fortune one side is at first victorious, and at last both are slaves. And to put it past dispute, that the entire subversion of Roman liberty was altogether owing to those measures which had broken the balance between the patricians and plebeians, whereof the ambition of private men was but an effect and consequence, we need only consider, that when the uncorrupted part of the senate, by the death of Cæsar, made one great effort to restore the former liberty, the success did not answer their hopes; but that whole assembly was so sunk in its authority, that those patriots were forced to fly, and give way to the madness of the people, who by their own dispositions, stirred up with the harangues of their orators, were now wholly bent upon single and despotic slavery. Else how could such a profligate as Antony, or a boy of eighteen, like Octavius, ever dare to dream of giving the law to such an empire and people? Wherein the latter succeeded, and entailed the vilest tyranny that Heaven, in its anger, ever inflicted on a corrupt and poisoned people." 1

1 "It was the throne of the dragon, that is, of the devil and his angels, whose dominion was permitted by the Almighty, and foretold by his prophets."

S.