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DEFENCE
OF THE
CONSTITUTIONS of GOVERNMENT
OF THE
UNI TED STATES
OF
AMERICA,
AGAINST THE ATTACK OF M. TURGOT IN HIS
LETTER to Dr. PRICE, bated The twenty-second day of march, 1 778.
r~
By JOHN ADAMS, LL. D.
PRESIDENT OF THE UNITED STATES.
All Nature's Difference keeps all Nature's Peace. Pope.
IN THREE VOLUMES.
VOL. I.
THE THIRD EDITION.
PHILADELPHIA:
PRINTED BY BUDD AND BERTRAM, FOR WILLIAM COBBETT, OPPOSITE CHRIST CHURCH.
1797-
wa
The publijher has prefixed the following Short Ac*
count of the Author, which he hopes the reader
will not be difpleafed with. It is extracled
from the American Geography, by the Rev*
Jedidiah Morfe.
MR. ADAMS is a defcendant of one of the firft families who founded the colony of Maffachufetts Bay in 1630. He was born at Braintree, in Maffachufetts, October 19th, 1735. He was by profefllon a lawyer ; and fuch were his abilities and integrity, that he attracted the attention, the efteem, and the confidence of his fellow-citizens. Not contented with barely main- taining the rights of individuals, he early fig- nalized himfelf in the defence of the rights of his country, and of mankind at large, by writing his admirable Differtation on the Canon and Feudal Laws ; a work well adapted to convince or con- found the advocates either for civil or ecclefi- aflical tyranny. It evinced that he had abili- ties to afford powerful aid in the formation of republics, on the genuine principles of juftice and virtue.
The
4 A Jhort Account
The zeal and firmnefs with which Mr. Adams defended the liberties of his country, did not prevent his acting in the fervice of her ene- mies, where he thought they were treated with too much feverity. Called upon by his profef- fion, he boldly flood forth as the advocate of Capt. Prefton, who had been imprifoned as the murderer of fome of the citizens of Bofton,onthe memorable 5th of March, 1770. His client's caufe was molt unpopular. The whole town had been in a ftate of irritation, on account of the conduct of Governor Hutchinfon, and the troops which were Rationed in it. Their refentment now burfl into a flame. But he felt the caufe to be a juft one; and the danger of incurring the difpleafure of his countrymen could not deter him from undertaking it. He conducted the caufe with great addrefs, by keeping off the trial till the paffions of the people had time to fubfide. The trial at length commenced, and lafted feveral days, during which he difplayed the moil exten- five knowledge of the laws of his country, and of humanity ; and at the conclufion he had the fatif- faction of proving to Great Britain herfelf, that the citizens of Maflachufetts would be juft and humane to their enemies amidft the groifeft infults and provocations. Capt. Prefton was acquitted. In this moft delicate and important trial, Mr. Adams manifefted that flrmnefs of mind, difinte- refted and enlightened patriotifm, and that love of juftice and humanity, which have uniformly mark- ed his conduct in all thofe great departments which he has fince filled with fo much ability and dignity.
He was a member of the firft Congrefs in 1774; and was one of the principal promoters of the famous refolutiou of the 4th of July, 1776, which
declared
of the Author. 5
declared the American colonies Free, Sove- reign, and Independent States.
Having been for a considerable length of time one of the commiffioners of the war department, and a principal fuggeftor of the terms to be offer- ed to France, for forming a treaty of alliance and commerce, he was lent to the court of Ver- failles, as one of the minifters plenipotentiary of the United States, to coniummate that important buiinefs.
On his return from France he was called upon by MalTachufetts to affift in forming a plan of go- vernment; and to him this State is chiefly indebt- ed for their prefent excellent conftitution.*
After this important bufinefs was accomplifh- ed, he returned to Europe, veiled with full pow- ers from Congrefs to affift at any conference which might be opened for the eftablifhment of peace ; and he foon after received other powers to negociate a loan of money for the uie of the United States; and to reprefent them as their mi- nifter plenipotentiary to their High Mightinefies the States General of the United Provinces. Such important trufts fhew in what high eftimation he was held by his country, and the able and fatif- faclory manner in which he executed them, prov- ed that their confidence was well placed.
"While in Europe, Mr. Adams publifhed the fol- lowing learned and celebrated work, in which he advocates, as the fundamental principles of a free- government — equal reprefentation, of which numbers, or property, or both mould be the rule — a total Reparation of the executive from the legiflative power, and of the judicial from both — and a balance in the legislature, by
three
* See the American Conftitutions.
6 A ftiort Account of 'the Author.
three independent, equal branches. " If there " is one certain truth," fays he, " to be collected " from the hiftory of all ages, it is this : That the " people's rights and liberties, and the democra- " tical mixture in a conftitution, can never be " preferved without a ftrong executive ; or in " other words, without feparating the executive " power from the legiflative."
A character who rendered fuch eminent fer- vices to his country, both at home and abroad, in feafons of the greateft gloominefs and danger, and who poffeffed fuch an extenfive knowledge of po- litics and government, did not remain unnoticed by his grateful countrymen. He was called, in 1 789, by the choice of his country, to the Vice- Prefidency of the United States.
To this account by Mr. Morfe, it is neceflary to add, that, in Nov. 1 796, Mr. Adams was chof- en Prefident of the "United States, in the room of General Wafhington. To be appointed the fucceiTor of fuch a man, and that by the voice of the freemen of America, is fuch an unequivocal teftimony of fuperior talents and virtue, as ren- ders eulogium fuperfluous, however ftrongly the publifher of this work may feci inclined to be- ftow it.
PREFACE.
PREFACE.
THE arts and fciences, in general, during the three or four laft centuries, have had a regular courfe of progreffive improvement. The inventions in mechanic arts, the difcoveries in na- tural philofophy, navigation, and commerce, and the advancement of civilization and humanity, have occaiioned changes in the condition of the world, and the human character, which would have aftonifhed the mod refined nations of antiquity. A continuation of fimilar exertions is every day rendering Europe more and more like one com- munity, or fingle family. Even in the theory and practice of government, in all the fimple monar- chies, conliderable improvements have been made. The checks and balances of republican govern- ments have been in fome degree adopted by the courts of princes. By the erection of various tribu- nals, to regifter the laws, and exercife the judicial power — by indulging the petitions and remon- flrances of fubjects, until by habit they are regard- ed as rights — a controul has been eitablifhed over minifters of ftate, and the royal councils, which ap- proaches, in fome degree, to the fpirit of republics. Property is generally fecure, and perfonal liberty feldom invaded. The prefs has great influence, even where it is not exprelsly tolerated ; and the public opinion muft be refpected by a minifter, or his place becomes infecure. Commerce begins to thrive : and if religious toleration were eitablifhed, and perfonal liberty a little more protected, by giv- ing an abfolute right to demand a public trial in a certain reafonable time — and the Itates inverted
with
ii Preface.
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 perfection, they would approach as near to the character 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 contraction 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 interefled, mould have remained at a full ftand for two or three thoufand years ? — According to a ftory in Herodotus, the nature of monarchy, arif- tocracy, 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, inftead of collec- tions, of the people — a total feparation of the executive from the legislative power, and of the judicial from both — and a balance in the legifla- ture, by three independent, equal branches — are perhaps the three only difcoveries in the confti- ration of a free government, fmce 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 practice, if not invented, by the Englilh nation, have never been imitated by any other, except their own defendants in America. While it would be ram to fay, that nothing further can be done to
bring
Preface. iii
bring a free government, in all its parts, ftill near- er to perfection — the reprefentations of the peo- ple are moftobvioufly fufceptible of improvement. The end to be aimed at, in the formation of a re- prefentative aiTembly, feems to be the fenfe of the people, the public voice : the perfection of the portrait confifts in its likenefs. Numbers, or pro- perty, or both, mould be the rule; and the pro- portions of electors and members an affair of cal- culation. The duration mould not be fo long that the deputy mould have time to forget the opinions of his conflituents. Corruption in elec- tions is the great enemy of freedom. Among the provifions to prevent it, more frequent elections, and a more general privilege of voting, are not all that might be devifed. Dividing the diftricts, diminifhing the diftance of travel, and confining the choice to relidents, would be great advances 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 never be there enjoyed fo well as in a free republic, none is perhaps more capable of profound fagacity. We fhall learn to prize the checks and balances of a free government, and even thofe 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 thouiands upon every revolution from one to the other. When the kings were aboliihed, the ariftocracies tyrannized ; and then no balance was attempted but between arifto- Vol. I. b cracy
iv Preface,
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 impoffible to read in Thucidydes, lib. ,iii. his ac- count of the factions and confufions throughout all Greece, which were introduced by this want of 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 alledged was, their attempt to overturn the democracy. Some perifhed merely through private enmity ; fome, for the money they had lent, by the hands of the borrower. Every kind of death, every dreadful ac~t, was perpetrated. Fathers flew their children ; fome were dragged from altars, fome were butchered at them ? numbers, immerfed in temples, were ftarv- ed. The contagion fpread through the whole extent of Greece *. factions raged in every city ; the licentious many contending for the Atheni- ans, and the afpiring few for the Lacedemonians. 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 — -fo long as parties in cities remain unbalanced. He adds — Words loft their fignification : brutal rafh- 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, plauiible knavery; he who boiled with indignation, was truft-worthy ; and he who prefumed to contradict, was ever fuf-
, petted.
Preface. V
pefted. Connection of blood was lefs regarded than tranfient acquaintance: afTociations were not formed for mutual advantage, confident with law, but for rapine againft all law : truft was only- communication of guilt : revenge was more va- lued, than never to have fuffered an injury : per- juries were mafter-pieces of cunning : the dupes only blufhed, the villains moft impudently tri- umphed. The fource of all thefe evils is a thirft of power, from rapacious or ambitious paflions. 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, embarrafled thofe communities, for their own private lucre, by the keeneft fpirit, the moft daring projects, 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 conduct 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 collected, from Dio- dorus Siculus alone, a few mafTacres which hap- pened in only iixty of the moft polifhed years of Greece: — From Sybaris 500 nobles banifhed; of Chians, 600 citizens ; at Ephefus, 340 killed, 1000 banifhed; of Cyrenians, 500 nobles killed,
all
vi Preface.
all the reft banifhed ; the Corinthians killed 1 20, banifhed 500; Phsebidas banifhed 300 Boeotians. Upon the fall of the Lacedemonians, democracies were reftored in many cities, and fevere vengeance taken of the nobles : the ba- nifhed nobles returning, butchered their adverfa- ries at Phialse, in Corinth, in Megara, in Phliafia, where they killed 3C0 of the people; but thefe again revolting, killed above 600 of the nobles, and banifhed 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 banifh'ed from Argos and Thebes, there were 509 in the Spartan army. The people, be- fore the ufurpation of Agathocles, had banifhed 600 nobles; afterwards that tyrant, in concurrence with the people, killed 4000 nobles, and banifhed 6000; and killed 4000 people at Gela ; his brother banifhed 8000 from Syracufe. The in- habitants of .iigefta, 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 fufpecled of cruelty, contrary to the maxims of his age : fuch were the fafhionable outrages of unbalanced parties.
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 iobriety, with patience and prudence, or without fury and madnefs, as it Mas among the Greeks fo long ago. The lateft
revolution
Preface. vii
revolution that we read of was conduced, at leaft on one fide, in the Grecian ftyle, with laconic energy ; and with a little attic fait ; at leaft, without too much patience, forefight, and prudence, on the other. — Without three orders, and an effec- tual balance between them, in every American con- ftitution, it mult 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 ; 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 Hates, rather than eftablifh an abfolute monarchy among them, notwithftanding all the great and real improvements made in that kind of govern- ment.
The objection to thefe governments is not be- caufe they are fupported by nobles, and a fubor- dination of ranks ; for all governments, even the molt 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
viii Preface,
nobles fupport the crown, as it is in full poiTemon of the gift of all employments ; but they fupport it ftill more by checking its minifters, and pre- venting them from running into abufes of power, and wanton defpotifm : otherwife the people would be pufhed to extremities and infurrections. It is thus that the nobles reconcile the monarchical au- thority to the obedience of the fubjecls ; 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 erect arifto- cracies.
It is become a kind of fafhion among writers, to admit, as a maxim, that if you could be always fure of a wife, active, and virtuous prince, monarchy would be the beft of govern- ments. 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. The beft and wife ft prince, by means of a freer communication with his people, and the greater opportunities to collect the belt advice from the beft of his iubjc-cls, would have an im- menfe advantage in a free ftate more than in a monarchy. A feiiate coniifting of all that is moft noble, wealthy, and able in the nation, with a right to counfel the crown at all times, is a check to miniftcrs, and a fecurity againft abufes, that a body of nobles who never meet, and have no fuch right, can never accomplifh. Another affembly, compoied of reprefentatives chofen by the peo- ple in all parts, gives the whole nation free ac- cef's, and communicates all the wants, knowledge, projects, and wiihes of the nation, to government; excites an emulation among all claffes, removes complaints, redreffes grievances, affords opportu- nities of exertion to genius though in oblcurity,
and
Preface* ix
and gives full fcope to all the faculties of man; opens a paflage for every fpeculation to the legis- lature, to adminiftration, and to the public : it gives an univerfal energy to the human character, in every part of the ftate, which never can be obtained in a monarchy.
• There is a third particular which deferves atten- tion both from governments and people. The mi- nifters of flate, in a Iimple monarchy, can never know their friends from their enemies : cabals in fecret undermine their influence, and blaft their reputations. This occafions a jealoufy ever anxi- ous and irritated, which never thinks the govern- ment fafe without an encouragement of informers and fpies, throughout every part of the flate, who interrupt the tranquillity of private life, deftroy the confidence of families in their own domeftics and one another, and poifon freedom in its fweet- eft retirements. 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 lide, and declare his opinion, upon every queftion. This circumftance alone, to every man- ly mind, would be fufEcient to decide the pre- ference 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 govern- ment, as in a iimple 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, pofTeifed of the prero- gatives only of a king of England, and leading his own armies, would never find himfelf embar- raffed or delayed in any honeft enterprize. He might be retrained, indeed, from running mad, and
from
x Preface.
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 poffeflion of the voice and influence of every univerlity and academy in Europe. Democracy, fimple democracy, never had a patron among men ' 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 praife, and fomeofthe neceffaries, conveniencies, and or- naments of life. Monarchies and ariftocracies pay well and applaud liberally. The people have almoft always expe&ed 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 flatte^, bribes, and largeffes. 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 fhew very often that they are 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 lb fmall a number, fmce the tranfgreffion of the firft pair : if .they betray their truft, their guilt will merit even greater punifhment than other nations have iurfered, and the indig- nation of heaven. If there is one certain truth to be collected from the hiftory of all ages, it is this : That the people's rights and liberties, and the de- mocratical
Preface, xi
mocratical mixture in a conftitution, can never be preferred without a ftrong executive, or, in other words, without feparating the executive power from the legiflatiye. IF the executive power, or • any confiderable part of it, is left in the hands either of an ariftocratical or a democratical aflem- bly, it will corrupt the legiilature as neceffarily as ruft corrupts iron, or as arfenic poifons the human body ; and when the legiilature 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 fimple honefty and plain fenie, in a houfe of reprefentatives. The mo ft illuftrious of them muft therefore be feparated from the mafs, and placed by themfelves in a fenate ; this is, to all honeft and ufeful intents, an oftracifm. A member of a fenate, of immenfe wealth, the mod refpected birth, and tranfcendant abilities, has no influence in the nation, in comparifon of what he would have in a Angle reprefentative affembly. When a fenate exifts, the moft powerful man in the ftate maybe fafely admitted into the houfe of reprefentatives, 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 object of ambition ; and the richeft and the moft fagacious wifh to merit an advancement to it by fervices to the public in the houfe. When he has obtained the object of his wifhes, you may ftill hope for the benefits of his exertions, without dreading his paffions; 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.
Vol. I. c It
xii Preface.
It was the general opinion of ancient nations, that the divinity alone was adequate to the im- portant office of giving lav. s to men. The Greeks entertained this prejudice throughout all their difperfions ; the Romans cultivated the fame po- pular deiufion; and modern nations, in the con- secrations of kings, and in ieveral fuperftitious chimeras of divine rights in princes and nobles, are nearly unanimous in prel'erving 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 difpolition 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 his brother Rhadamanthus, were both his fons : once in nine years they went to converfe with their father, to propofe queflions concerning the wants of the people ; and his anfwers were record- ed as laws for their government. The laws of Lacedsemon were communicated by Apollo to Lycurgus; and, left the meaning of the deity mould not have been perfectly comprehended, or correctly exprefied, 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- ventions with Egeria. The Greeks imported
thefe.
Preface. xiii
theSe myfteries from Egypt and the Eaft, whoSe deSpotiSms, from the remoteft antiquity to this day, have been founded in the fame folemn em- piricifm ; their emperors and nobles being all de- scended 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 trans- mitted his divinity, as well as his earthly dignity and authority, through a line of incas. And the rudeft tribes of favages in North America have certain families under the immediate protection 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 erected on the fimple principles of na- ture : and if men are now Sufficiently enlightened to difabufe themfelves of artifice, impofture, hy- pocrify, and fuperftition, they will confider this event as an asra in their hiftory. Although the detail of the formation of the American govern- ments is at prelent little known or regarded ei- ther in Europe or in America, it may hereafter be- come an object 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 inspiration of heaven, any more than thoSe at work upon Ships or houfes, or labouring in merchandise or agricul- ture : it will for ever be acknowledged that theSe governments were contrived merely by the uSe of
reaSon
xiv Preface.
reafon and thefenfes. As Copiey painted Chatham, Weft, Wolf, and Trumbull, Warren, and Mont- gomery; as Dwight, Barlow, Trumbull, and Humphries compoled their verfe, and Belknap and Ramzay hiftory; as Godfrey invented his quadrant, and Rittenhoufe his planetarium; as Boyliton practifed inoculation, and Franklin electricity; as Paine expofed the miftakes of Raynal, and JerTerfon thole of Buffon, 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 ordinary arts and fciences, only as of more importance. Called without expectation, and com- pelled without previous inclination, though un- doubtedly at the beft period of time both for England and America, to erect fuddenly new fyftems of laws for their future government, they adopted the method of a wife architect, in erecting 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; to examine the molt celebrated buildings, whether they remain entire or in ru- ins; compare thefe with the principles of writ- ers ; and inquire how far both the theories and models were founded in nature, or created by fancy: and, when this fhould be done, as far as their circumltances would allow, to adopt the advantages, and reject the inconveniencies, of all. UnembarralTed by attachments to noble families, hereditary lines and fucceflions, or any confederations of royal blood, even the pious myftery of holy oil had no more influence than
that
Preface, xv
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, were 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 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 priefts, or the knavery of politi- cians. As the writer was perfonally acquaint- ed with molt of the gentlemen in each of the Hates, who had the principal mare in the firft draughts, the following letters were really written to lay before the gentleman to whom they are addrefTed, a fpecimen of that kind of reading and realbning which produced the Ame- rican conftitutions.
It is not a little furprifing that all this kind of learning fhould have been unknown to any illus- trious philofopher and ftatefman, efpecially one . who really was, what he has been often called,' " a well of fcience." But if he could be unac- quainted with it, or it could have efcaped his memory, we may fuppofe millions in America have occafion to be reminded of it. — The writ- er has long feen with anxiety the facility with which philofophers of greateft name have under- taken to write of American affairs, without knowing any thing of them, and have echoed
and
xvi • Preface.
and re-echoed each other's virions. Having nei- ther talents, leifure, nor inclination, to meet fuch champions in the field of literary controverfy, he little thought of venturing to propofe to them any queflions : circumftances, however, have lately occurred, which feemed to require that fome notice ihould be taken of one of them. If the publication of thefe papers mould contri- bute any thing to turn the attention of the younger gentlemen of letters in America to this kind of inquiry, it will produce an effect of fome importance to their country. The fubjecl: is the raoft interefting that can engage the un- demanding or the heart; for whether the end of man, in this itage 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 practicability or the duration of a repub- lic, in which tljere is a governor, a fenate, and a houfe of reprefentatives, is doubted by Taci- tus, though he admits the theory to be lauda- ble : — " Cundas nationes et urbes, populus, " aut priores, aut finguli, regunt. Deleda ex " his et" conftituta reipublic3£ forma, laudari " facilius quam inveniri ; vel, fi evenit, haud " diuturna efle poteft." Ann. rib. iv. — Cicero aliens— " Statuo efTe optime conftitutam rem- " publicam, quit ex tribus generibus illis, re- " gali, optimo, et populari, modice confufa." Frag. — in fuch peremptory terms the fuperior- ity of fuch a government to all other forms, that the lofs of his book upon republics is much to be regretted. From a few paffages that have been preferred, it is very probable he entered more largely into an examination of thecompohtion of
monarchical
Preface, xvii
monarchical republics than any other ancient writer. He was lb far from apprehending " dif- " putes" from a variety of orders, that he affirms it to be the firmeft bond of juftice,and the ftrong- eft anchor of fafety to the community. As the treble, the tenor, and the bafs exift in nature, they will be heard in the concert : if they are arrang- ed by Handel, in a Ikilful compofition, they pro- duce rapture the moll exquifite that harmony can excite ; but if they are confufed together without order, they will
et Rend with tremendous found your ears " afunder."
" Ut in fidibus ac tibiis, atque cantu ipfo, " a vocibus concentus eft quidam tenendus ex M diftinclis fonis, quem immutatum ac difcre- " pantem aures eruditas ferre non pofTunt; if- " que concentus, ex dijfimillimarum vocum mode- " ratione, concors tamen ejficitur et congruens : fie " ex fummis et infimis et mediis interjeBis ordi- " nihus, ut fonis, moderata ratione, civitas con- " fenfu diffimillimorum conciuit ; et qu^e har- " monia a muficis dicitur in cantu, ea eft in " civitate concordia arctiflimum atque optimum " omni in republica vinculum incolumitatis ; " qu£e fine juftitia nullo paclo eflfe poteft." Ci- cero, Frag, de Repub. — As all the ages of the world have not produced a greater ftatefman and philofopher united in the fame character, his au- thority fhould 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 poilible rule, meafure, and fecurity of
juftice,
xviii Preface.
juftice, can be fare of protection, for any.courfe of time, in no other form of government : and the very name of a republic implies, that the proper- ty of the people mould be repreiented in the le- giflature, and decide the rule of juftice. — " Ref- " publica eft res populi. Populus autem non " omnis costus multitudinis, fed ccetus juris con- " fenfu, et utilitatis communione fociatus." — Frag, de Rep.
" Refpublica res eft populi, cum bene ac jufte <c geritur, live ab uno rege, five a paucis opti- " matibus, five ab univerfo populo. Cum vero " injuftus eft rex, quern tyrannum voco ; aut in- " jufti optimates, quorum confenfus fa£tio eft ; " aut injuftus ipfe populus, cui nomen ufitatum " nullum reperio, nifi ut etiam ipfum tyrannum " appellem ; non jam vitiofa, fed omnino nulla " refpublica eft ; quoniam non eft res populi, cum " tyrannus earn fadliove capeffat ; nee ipfe po- " pulus eft fi fit injuftus, quoniam non eft multi- " tudinis juris confenfu, et utilitatis unione focia- " ta." Frag, de Repub.
" Ubi vero juftitia non eft, nee jus poteft efTe; *e quod enim jure fit, profeclo jufte fit ; quod au- ct tern fit injufte, nee jure fieri poteft. Non enim " jura dicenda funt, vel putanda, iniqua hominum £C conftituta, cum illud etiam ipfi jus elfe dicant " quod de juftitias fonte manaverit; falfumque " fit, quod a quibufdam non redte fentientibus " dici folet, id jus efTe, quod ei, qui plus poteft, " utile eft." According to this, a fimple mo- narchy, if it could in reality be what it pretends to be — a government of laws, might be juftly de- nominated a republic. A limited monarchy, therefore, efpecially when' limited by two inde- pendent branches, an ariftocratical and a demo-
cratical
Preface, xix
cratical power in the confutation, may with ftri£t propriety be called by that name.
If Cicero and Tacitus could reviiit the earth, and learn that the Englifh nation had reduced the great idea to practice, and brought it nearly to perfection, by giving each divifion a power to defend itfelf by a negative ; had found it the moil folid and durable government, as well as the moft free ; had obtained, by means of it, a profperity among civilized nations, in an enlight- ened age, like that of the Romans among bar- barians: and that the Americans, after having enjoyed the benefits of fuch a conftitution a century and a half, were advifed by fome of the greatelt philofophers and politicians of the age to renounce it, and fet 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 mould liften to fuch advice. It would have been much to the purpofe to have inferted a more accurate inveitigation 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 contro- verfy. The democratical branch, efpecially, is fo determined, that the real fovereignty.refided in the body of the people, and was exercifed in the affembly of king, nobles, and commons together. Thefe inftitutions really collected all authority in- to one centre of kings, nobles, and people. But fmall as their .numbers, and narrow as their terri- tories were, the confequence was confufion; each part believed it governed the whole ; the chiefs thought they were fovereign; the nobles believed the power to be in their hands ; and the people
Vol. I. d flattered
xx Preface.
flattered themfelves that all depended upon them. Their purpofes were well enough anfwered, with- out 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 Europe, and grown populous and rich, they found the inconvenience of not knowing each its place. Kings, nobles, and people claimed the government in turn : and after all the turbulence, wars, and revolutions, which compofe the hiftory of Europe for fo many ages, we find fimple monarchies eftablifhed every where. Whether the fyftem.will now become ftationary, and laft for ever, by means of a few further improvements in monarchical govern- ments, we know not ; or whether ftill further re- volutions are to come. The moft probable, or rather the only probable change is, the introduc- tion of democratical branches into thofe govern- ments. If the people fhould ever aim at more, they will defeat themfelves ; and indeed if they aim at this, by any other than gentle means, and by gradual advances; by improvements in gene- ral education, and informing the public mind. The fyftems of legillators are experiments made on human life and manners, fociety and govern- ment. Zorpafter, Confucius, Mithras, Odin, Thor, Mahomet, Lycurgus, Solon, Romulus, and a thou- fand others, may be compared to philofophers making experiments on the elements. Unhap- pily political experiments cannot be made in a laboratory, nor determined in a few hours. The operation once begun, runs over whole quarters of the globe, and is not finiihed in many thou- fands of years. The experiment of Lycurgus lafted ieven hundred years, but never fpread be- yond
Preface, xxi
yond the limits of Laconia. The procefs of So- lon blowed out in one century ; that of Romulus lafted but two centuries and a half; but the Teu- tonic inftitutions, defcribed by Csefar and Taci- tus, are the moft memorable experiment merely political, ever yet made in human affairs. They have fpread all over Europe, and have lafted eigh- teen 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 herjudgment 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 almoft 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 ba- lance, and that only. The Englifti have, in re- ality, blended together the feudal inftitutions with thofe of the Greeks and Romans ; and out of all have made that noble compoiition, which avoids the inconveniencies, 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* ticular, it would be the height of folly to go back to the inftitutions of Woden and of Thor, as they are advifed to do : if they had been coun- felled to adopt a fingle monarchy at once, it would have been leis myfterious. Robertfon, Hume, and Gibbon have given fuch admirable
accounts
xxii Preface*
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 fubject. To col- lecl together the legiflation of the Indians, would 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 ; and their royal and ariftocratical dignities are much more generally hereditary, from the popular partiality to particular families, and the fuperftious opinion that fuch are favourites of the God of War, than the late writers upon this fub- jecl: have allowed.
Grofvenor Square, January i, 1 787.
CONTENTS.
LIST OF THE S UB SRIBER.S.*
A
REV. James Abercrombie, A. M. Philadelphia Rev. John Andrews, Newburyport Fifher Ames, Efq. member of the Houfe of Reprefentatives of
the United States Mr. Samuel Anderfon, Philadelphia Robert Andrews, do.
Jonah Hewes Anthony, do. William Alline, Bofton
James Arthur, book-feller, Cheftertown, Maryland, 12 copies
B
John Blackwood, Efq. New-Jerfey
Phineas Bond, Efq. Conful-General of His Britannic Majefty»
for the middle and fouthern ftates Mathew Barton, Efq. member of the Legif. of Penn. Jofeph Blackwood, Efq. New-Jerfey Col. John Boyle, Bofton, 3 copies Mr. Samuel Blodget, Philadelphia
William Bruce, do.
Peter Burnes, do.
Budd & Bartram, do. 2 copies
John Bell, Peterfburgh, Virginia
Francis Fry Brown, Philadelphia
Andrew Brimmer, Bofton
Jeremiah Smith Boies, Milton, Maffachufetts
* Should any inaccuracies or omiffions appear in this refpectable lift, the patrons of the work are requefted to afcribe them to the difficulty of obtaining timely communications from diftant correfpondents, to the imperfect manner in which names are ufually written on a fub- fcription lift, or to any other caufe except that of want of gratitude and refpect on the part of the publiflier.
Lift of Suhfcribers.
Mr. Jofeph Barrett, Bgllon
Jofeph Blake, jun. do. ,
George Blight, Philadelphia William M. Biddle, do.
c
William George Craick, Efq. Philadelphia
Thomas Charleton, Efq. York, Virginia
Edward Coale, Efq. Philadelphia
J. W. Condy, Efq. do.
John Canon, Efq. memb. of the Sen. of Penn.
Robert Coleman, Efq. memb. of the H. of Rep. of Penn.
Mr. John Chew, Cheftertown, Maryland
John Cooper, Philadelphia
Benjamin Clarke, do.
David Caldwell, do.
John Caldwell, do.
William N. Caldwell, M. D. do.
William Carmichael, Annapolis
Allen Crocker, Bofton
William Clifton, jun. Philadelphia
Abraham Carpenter, do.
Samuel Campbell, book-feller, New- York, 12 copies
D
James Davenport, Efq. memb. of the H. of Rep. of the U. S.
Daniel Delany, Efq. Philadelphia
Aaron Dunham, Efq. Trenton, 7 copies
Mr. Henry Drinker, Philadelphia G. Douglas, book-feller, do. Benjamin Davies, book-feller, do. 1 2 copies Cornelius Davies, book-feller, New-York, 6 copies William Douglas, Peterfburgh, Virginia Thomas Dunn, Philadelphia Thomas Donnellan, jun. Annapolis Thomas Dundas, Reading, Pennfylvania Gideon Denny, Gloucelter County, New-Jerfey Thomas Dobion, book-feller, Philadelphia, 1 2 copies
E George Ege, Efq. memb. of the Legif. of Penn. Mr. William Englifh, New- York Simon Elliot, Bolton
F Dwight Fofter, Efq. memb. of the PL of Rep. of the U. S.
Lift of Subfcribers.
Nathaniel Freeman, Efq. memb. of the H. of Rep. of the U. S. Mr. John Fen no, Philadelphia
Elifha Fifher, do.
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Charles French, Philadelphia
Michael Fifher, do.
Robert Frazer, Weft-Chefter
George Fox, Philadelphia
Tench Francis, jun. do.
B. Freeman, do. 2 copies
■ G Rev. Afhbel Green, D. D. Philadelphia E. Griffin, Efq. York, Virginia Oliver Gallup, Efq. Vermont Benjamin Gibbs, Efq. Philadelphia Mr. Gauvain, do.
J. E. G. M. de la Grange, do.
Mathew Gill, New-Jerfey
James Gibbon, Peterfburgh, Virginia
Charles Goldfborough, jun. Maryland
John Gardner, Milton, Maflachufetts
Thomas Greeves, Philadelphia
H Rev. Reuben Holecomb, Sterling, MafTachufetts Col. Jofhua Howell, New-Jerfey Col. T. Glafs, Helton, do.
Robert G. Harper, Efq. memb. of the H. of Rep. of the U. S, John Hollowell, Efq. Philadelphia Mr. William Hemfley, jun. Maryland
T. Hollingfworth, Philadelphia
John Hawkins, Bordentown
John Hobart, Philadelphia
James Hopkins, New-Jerfey
Samuel Harrifon, do.
Wm. Henderfon, Montgomeiy County, Pennfylvania
James Henderfon, Peterfburgh, Virginia
Chriftopher Heydrick, Chefnut Hill
J. E. Howard, Philadelphia
Samuel Hall, Bolton, 3 copies
James Hughes, Bofton
B. Humphreville, Annapolis
George Hill, book-feller, Baltimore, 10 copies
Mr. Cyrus Jacobs, Lancafter County, Pennfylvania
Lift of Subfcrihers.
Mr. George Jennings, Hagerftown, Maryland
K
Mr. Hazen Kimball, Concord, New-Hampfhire
L
Robert Lifton, Efq. Minifter Plenipotentiary from His Britan*
nic Majefty to the United States John Lawrence, Efq. Woodbury, New-Jerfey Wm. Lee, Efq. Philadelphia Mr. Martin. Lincoln, Hingham, Maffachufetts
J. Lee, jun. Bofton
N. C. Lee, do.
David Lewis, Philadelphia
Jacob Lahn, book-feller, Lancafter, 2 copies
M Alexander Martin, Efq. memb. of the Sen. of the U. S. Wm. V. Murray, Efq. memb. of the H. of Rep. of the U. S. Benjamin R. Morgan, Efq. memb. of the Sen. of Penn. A. M'Lane, Efq. Duck-Creek, Delaware Meffrs. Morgan & Wigmore, Philadelphia Mr. Michael Margrath, do.
Wm. Maiben, do.
John Morrifon, Peterfburgh, Virginia
Francis Muir, do.
James M'Farland, do.
Daniel Mafon, Chelfea, Maffachufetts
Jofeph M'Kean, Berwick, do.
Jonathan Mafon, jun. Brooklyn, do.
Algernon Sidney Magaw, Philadelphia
N Rev. Wm. Niles, Ifland St. Croix Wm. Nichols, Efq. Philadelphia Mr. Thomas Nevein, Peterfburgh, Virginia
Richard North, Philadelphia
Thomas Noble, do.
Charles Newbold, do.
Greenbury Neale, Eallon, Maryland, 12 copies
Jofeph Nancrede, book-feller, Bofton, 3 copies
O Davies Old, Efq. Lancafler County, Penn. Samuel Ogden, Efq. Newark, N. Jerfey Mr. John Ormrod, book-feller, Philadelphia, 25 copies.
Lift of Subfcribers. P
Mr. Edward Pennington, Philadelphia
Samuel P. Paul. N. Jerfey
Robert Pain, Bofton
John Phillips, Andover, Maffachufetts
Win. Parfons, Bofton
James Perkins, do.
Graham Parfons, do.
Jofeph Parotte, Annapolis Meffrs. Pritchard & Davidfon, book-fellers, Richmond, Virginia, 30 copies
R
Wm. Rawle, Efq. Philadelphia
Richard Rundle, Efq. do.
Herman Witfius Ryland, Efq. Quebec
John Read, Efq. Philadelphia
'Hugh Rofe, Efq. Ifland of Barbadoes
Mr. Richard Renfhaw, Philadelphia
James Robertfon, do.
Copely Rofe, do.
John Wm. Ruffell, Prefqu'ifle
David Robertfon, Peteriburgh, Virginia
Duncan Rofe, do.
Henry Rigal, Philadelphia
S Ld. Henry Stuart
Wm. Smith, Efq. memb. of the H. of Rep. of the U. S. Ifaac Smith, Efq. Trenton
Zephaniah Swift, Efq. memb. of the H. of Rep. of the U. S. Jeremiah Smith, Efq. memb. of the H. cf Rep. of the U. S. L. H. Stockton, Efq. Trenton
Samuel Sitgreaves, Efq. memb. of the H. of Rep. of the U. S. Major John Shippen, Shippenfburgh, Penn. Mr. John Shields, Philadelphia
Wm. Sanfom, do.
V. Shoemaker, do.
Charles Snowden, do.
H. Sweitzer, do.
J. Wm. Smith, Princeton
John Sohier, Bofton
Daniel Sergcnt, jun. do.
Jonathan Shaw, Raynham, Maffachufetts
Vol. I. c
Lijl of Subfcribers.
Mr. John Wm. Seabury, Taunton, Maffachufetts Ifaac Smith, Baltimore I. T. Sergent, Bofton
T
Uriah Tracey, Efq. memb. of the Sen. of the U. S.
Ifaac Tichenor, Efq. memb. of the Sen. of the U. S.
George Thatcher, Efq. memb. of the H. of Rep. of the U. S.
Edward Thornton, Efq. Sec'y of the legation from His Britan- nic Majefty to the United States
Jofeph Thomas, Efq. Philadelphia
Mr. James Taylor, do.
James Thompfon, York County, Pennfylvania James Taggard, Gloucefter County, New-Jerfey Thomas Thaxter, jun. Hingham, Maffachufetts Alexander Turner, Philadelphia Richard B. Thompfon, do.
W
The Right Rev. Bifhop White
Wm. Walter, D. D. Re&or of Chrifl Church, Bofton
Rev. Henry Ware, Hingham, Maffachufetts
Thomas Wilkins, Efq. Swedefborough, N. Jerfey
A. D. Woodruff, Efq. New-Jerfey
James Warrington, Efq. S. Car.
Dr. Ifaac Wafburn, Raynham, Maffachufetts
Mr. Oliver Wafhburn, do.
John Waddington, Philadelphia
J. G. Watchfmuth. do.
Timothy Williams, Bofton
James White, do. 6 Copies
Y John T. Young, M. D. Philadelphia MefTrs. Young, Mills & Son, book-fellers, Philad. 10 copie*
CONTENTS.
ADDITION to the LIST.
LEVI LINCOLN, Efq. Worcefter, Maffachufettt Increafe Sumner, Efq. Roxbury, do.
Do&or William Spooner, Bofton Mr. Arodi Thayer, Dorchefter, Maflachufctts Robert Fletcher, Amherft, New-Hampftiire
Jofhua Thomas, Plymouth, Maffachufetts
Samuel Willis Pomeroy, Cambridge, do.
Charles Cufhfng, Bofton
Jeremiah Allen, do,
Jonathan Chapman, do.
James Andrews, do.
George Watfon, do.
Wm. Phillips, jun. do.
Thomas Wigglefworth, do.
W. H. Nevett, do.
Jofeph Roby, do.
Adam Reigart, Lancafter, Pennfylvauia
John Cunningham, do.
David M'Machen, Baltimore
James Boyd, do*
John Clinton, do.
Thomas Campbell, Philadelphia
Samuel Riddle, Chamberfburgh, Pennsylvania
John Miller, jun. Philadelphia
M. J. Biddle, Reading
CONTENTS.
XETTER PAG5
I. T)Reliminary Observations — 3
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DEMOCRATICAL REPUBLICS. |
."5 |
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III. |
St. Marino — — - — |
8 |
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IV. |
Biscay — — — |
16 |
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The Grisons — — |
21 |
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The United Provinces of the how |
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Countries — — |
22 |
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V. |
Switzerland — — — |
ib. |
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■sfppenzel — — |
23 |
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VI. |
Underwald — — — |
26 |
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VII. |
Glaris — — — |
28 |
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VIII. |
z«g — ~ — |
3i |
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IX. |
Uri |
xxx CONTENTS.
LETTER PAGE
IX. Uri — — 32
X. Switz — — 34
ARISTOCRATICAL REPUBLICS.
XI. Berne — — 35
XII. Fribourg — — 39
XIII. Soleure — ■ — 42
XIV. Lucerne — — 45 XV. Zurich — — — 47
XVI. S chaff liause — — 49
~M.ulh.ouse — Bienne — 50
XVII. St. Gall ~ — 51
Geneva — — — 52
XVIII. Lucca— ^Genoa — — 56
XIX. Venice — — — 58
The United Provinces of the Low
Countries ■ — — 69
MONARCHICAL REPUBLICS.
XX. England — — — 7°
XXI. Poland — — - — 72
XXII. Poland — — — 74
3QQH. Recapitulation — — 91
ANCIENT
CONTENTS. xxxi
LETTER PAGE
ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS.
XXIV. Dr. Swift — — 97
XXV. Dr. Franklin — 105
XXVI. Dr. Price — — 121
MIXED GOVERNMENTS.
XXVII. Machiavel — — 141
Sidney — — 148
XXVIIL Montesquieu — — 153
ANCIENT REPUBLICS, AND OPINIONS OF PHILOSOPHERS.
XXIX. Harrington — — 158 XXX. Polybius — — 169 XXXI. Polybius — — 177 XXXII- Dionysius Halicarnassensis — Va- lerius — — 184
XXXIII. Plato — — 188
XXXIV. Sir Thomas Smith — 207
ANCIENT DEMOCRATICAL REPUBLICS.
XXXV. Carthage — — 210
ANCIENT
xxxii CONTENTS.
LETTER PAGE
ANCIENT ARISTOCRATICAL REPUBLICS.
XXXVI. Rome — — 21 S
ANCIENT MONARCHICAL REPUBLICS.
XXXVII. Tacitus — — 225
XXXVIII. Homer — Phaacia — 232
XXXIX. Homer — Ithaca — 237
Homer — — 242
ANCIENT ARISTOCRATICAL REPUBLICS- XL- Lacedaemon — 249
ANCIENT DEMOCRATICAL REPUBLICS.
XLI. Athens — — 260
XLII. -dntalcidas — 286
XLIII. Achaia — — 295
XLIV. Crete — — 305
XLV. Corinth — — 308
XLVI. Argos — — 311
XL VII. Iphitus — — 315
XL VIII. Thebes — — 318
ANCIENT ARISTOCRATICAL REPUBLICS.
XLIX. Crotona — Pythagoras 322
ANCIENT
CONTENTS. xxxiii
LETTER PAGE ANCIENT DEMOCRATICAL REPUBLICS.
L. Sybaris — Charondas •— 327
LI. Locris — Zaleucus — 331
LII. Rome — — — 334
CONCLUSION.
LIII. Congress — — — 362
LIV. Locke, Milton, and Hume 365
LV. Conclusion — — 372
Postscript — — 383
LETTER
W^ffjggjSBSSStisSSSitSSSSSSSSSSSiSSSSSSSSSSSSSSti
LETTER I.
Grosvenor-Square, Oflober 4, 1786. My dear Sir,
THREE writers in Europe of great abili- ties, 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 publifhed their criticifms and advice. They had all the moft amiable characters, and unqueftionably 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 productions of all of them, among 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 greateit ftatefmen, legiflators, and phiioibphers of all en- lightened nations, ancient and modern.
Mr. Turgot, in his letter to Dr. Price, con- feffes, " that he is not fatisfied with the confti- * tutions which have hitherto been formed for " the different ftates of America." He obferves, " that by moft of them the cuftoms of England " are imitated, without any particular motive. " Inflead of collecting all authority into onecen- " tre, that of the nation, they have eftablifhed
Vol. I. A " different
4 Prclitmnary Obfervations.
" different bodies, a body of reprefenatives, a " council, and a governor, becaufe there is in " England a houfe of commons, a houfe of " lords, and a king. They endeavour to ba- " lance theie different powers, as if this equi- " librium, which in England may be a neceffary " check to the enormous influence of royalty, " could be of any ufe in republics founded up- " on the equality of all the citizens, and as if " efrablifhing different orders of men was not a " fource of divifions and difputes."
There has been, from the beginning of the re- volution in America, a party in every ffate, who have entertained fentiments fimilar to thefe of Mr. Turgot. Two or three of them have eftablifhed governments upon his principle : and, by ad- vices from Bolton, certain committees of coun- ties have been held, and other conventions pro- pofed in the MaiTachufetts, with the expreis pur- pofe of depoling the governor and fenate as ufe- lefs and expenlive branches of the conititution ; and as it is probable that the publication of Mr. Turgot's opinion has contributed to excite fuch difcontents among the people, it becomes necef- fary to examine it, and, if it can be mown to be an error, whatever veneration the Americans very juftly entertain for his memory, it is to be hoped they will not be milled by his authority.
LETTER
Preliminary Obfervations.
LETTER II.
My dear Sir,
MR. Turgot is offended, becaufe the cuftoms of England are imitated in molt of the new conftitutions in America, without any par- ticular 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 familiarly 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? If thoie cufloms were wife,, juft, and good, and calculated to fecure the li- berty, property, and lafety cf the people, as well or better than any other inftitutions ancient or modern, would Mr. Turgot have advifed the na- tion to reject them, merely becaufe it was at that time juftly incenfed againft the Englifh govern- ment ? — What Englifh cuftoms have they retained which may with any propriety be called evil? Mr. Turgot has inftanced only in one, viz. " that " a body of reprefentatives, a council, and a go- n vernor, have been eftablifhed, 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 in England confi fled of three branches, that fuch a divifion of power was adopted by the flates, as becaufe their own af- femblies had ever been fo conflituted. It was not fo much from attachment by habit to fuch a plan of power, as from conviction that it was founded in nature and reafon, that it was continued.
Mr.
6i Preliminary Obfervations.
Mr. Turgot feems to be of a different opinion, and is for " collecting all authority into one cen- " tre, the nation." It is eafily underftood how all authority may be collected into " one centre'* in a defpot or monarch ; but how it can be done, when the centre is to be the nation, is more diffi- cult to comprehend. Before we attempt to dif- cufs the notions of an author, we mould be care- ful to alcertain his meaning. It will not be eafy, after the moft anxious refearch, to difcover the true fenfe of this extraordinary paffage. If, after the pains of " collecting all authority into one " centre," that centre is to be the nation, we fhall 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 centre will be the circle, and the circle the centre. When a number of men, women and children, are limply congregated together, there is no political authority among them; nor any natural authority, but that of parents over their children. To leave the women and children out of the queftion for the prefent, the men will all be equal, free, and independent of each other. Not one will have any authority over any other. The firft " collection" of authority mull be an unanimous agreement to form themfelves into a nation, people, community ', or body politic, and to be governed by the majority of luffrages or voices, But even in this cafe, although the au- thority is collected into one centre, that centre is no longer the nation, but the majority of the nation. Did Mr. Turgot mean, that the people of Virginia, for example, half a million of fouls fcattered over a territory of two hundred leagues fquare, mould flop here, and have no other au- thority
Preliminary Obfervations. 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 affemble them together ?
A fimpie and perfect democracy never yet ex- ifted among men. If a village of half a mile fquare, and one hundred families, is capable of exerciiing all the legiilative, executive, and judi- cial powers, in public affemblies of the whole, by unanimous votes, 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 legiflator and judge, and the conftable fheriff, for the molt 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 aflembly of reprefentatives Ihould be chofen by the nation, and veiled with all the powers of government; and that this afTembly fhall be the centre in which all the authority fhall be collected, and fhall be virtually deemed the nation. After long reflection, I have not been able to difcover any other fenfe 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 fhew the abfurdity of Filmar's fuperftitious notions, appeared to Mr. Hume in his enlightened days. Yet the miftakes of great men, and even the abfurdities of fools, when they countenance the prejudices of numbers of people, efpecially in a young country, and under new governments, cannot be too fully confuted.
You
8 Democratical Republics.
You will not then efteem my time or your own mifpent, in placing this idea of Mr. Turgot in all its lights ; in confidering the confequences of it; and in collecting a variety of authorities againft it.
LETTER III. '
ST. MARINO.
My Dear Sir,
" A SOCIETY of gods would govern them- X\^ " felves democratically," fays the eloquent philolbpher of Geneva; who however would have agreed, that his " gods" muft not have been the claflical 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 undifputed monarchy, were infufheient to hold than in order. As it is impoffible to know what would have been his definition of the gods, we may quietly purfue our inquiry, whether it is practicable to govern men in this way. It would be very furpiiiing, if, among all the nations that have exifted, not one has difcovered a fecret of fo much importance. It is not neceflary for us to prove that no fuch government has eiifted ; it is incumbent on him who fhall 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 be eafier to determine the queftion concerning the practicabi-
St. Marino. g
iity or impracticability, the utility or inutility, of a ample democracy, if we could find a number of examples of it. From the frightful pictures of a democratical city, drawn by the mafterly pencils of ancient philoibphers and hiftorians, it may be conjectured that fuch governments exifted in Greece and Italy, at leaft for fhort fpaces of time : but no particular hiftory of any one of them is come down to us; nor are we able to procure any more fatisfaction to our curiolity 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 fact this is a fimple democracy; and, z. 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 l'now, even when the weather is clear and warm in all the country about it.
This mountain, and a few hillocks that lie fcattered about the bottom of it, is the whole circuit of the dominion. They have, what they call, three caftles, three convents, and five
churches,
10 Democratical Republics.
churches, and reckon about five thoufand fouls isr 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 fmifhed 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 fanclity, gained him fo great an efteem, that the princefs of the country made him a prefent of the moun- tain, to difpofe of it at his difcretion. His repu- tation quickly peopled it, and gave rife to the republic which calls itfelf after his name. The beft of their churches is dedicated to the faint, and holds his afhes. His ftatue Hands over the high altar, with the figure of a mountain in his hands, crowned with three caftles, which is like- wife the arms of the commonwealth. They at- tribute to his protection the long duration of the ftate, and look on him the greateft faint next the bleffed Virgin. In their ftatute-book is a law againft fuch as fpeak difrefpe&fully of him, who are to be puniihed in the fame manner as thofe who are convided 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 hiftory conhfts in two purchafes of a neighbouring prince, and two wars, in which they aflifted 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.
o7. Marino. II
ihem. 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, becaufe they found too much confufion in fuch a multitude of ftatefmen, they devolved their whole authority into the hands of the council of iixty. The arengo, however, is £1.111 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, notwithftanding the name, confifts but of forty perfons, has in its hands the admi- niftration of affairs, 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 Hand 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 election. The chief officers of the commonwealth are the two capitaneos, who have fuch a power as the old Roman confuls had, but are chofen every fix months. Some have been capitaneos fix or feven times, though the office is never to be continued to the fame perfons twice fucceflively. The third officer is the com- miffary, who judges in all civil and criminal matters : but becaufe the many alliances, friend- fhips, and intermarriages, as well as the perfonal feuds and animofities that happen among fo fmall a people, might obftruct the courfe of juftice, if one of their own number had the diflribution of it, they have always a foreigner for this employ,
Vol. I. B whom
1 2 Democratkal Republics.
whom they choofe for three years, and maintain out of the public flock. He muft be a do£tor of law, and a man of known integrity. He is joined in commiffion with the capitaneos, and ac~ls fomething like the recorder of London under the lord Mayor. The fourth man in the ftate is the phyfician : another perfon, who makes no ordi- nary figure in the republic, is the fchoolmafter. Few in the place but' have fome tinclure of learning.
The people are efteemed very honeft, and ri- gorous in the execution of juftice, 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 inftance 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 collected in one centre, that centre 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 who had no property; yet even fuch an agrarian, it feems, was net a fufheient check to licentioufnefs, and they found it neceffary to inltitute a fenate of forty men. Here, at leaft, commenced as complete an arifiocracy as that of ancient Rome; or, to exprefs it more exactly, as complete a feparation of the ariftocratical from the democratical part of the community : and there are two remarkable circumftances in confir- mation
St. Marino. 13
mation of this ; one is, that there are not only noble families in this illujhi/jima republicd Sanfti Marini, but the conftitution has limited the choice of the eleftors fo far as to oblige them to choofe one half the fenate out of thefe nobles ; the other is, that the names of the agents for the common- wealth, of the notary, and the witneffes to two inftruments of purchafes made at feventy years diftance from one another, one in 1100, the other in 1 1 70, are the fame. — It is not credible that they were the fame perfons : they were probably ions or grandfons — which is a ftrong proof of the attachment to ariftocratical families in this little ftate, and of their deiire 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 nations.
Another remarkable circumftance is, the reluc- tance of the citizens to attend the affembly of the arengo, which obliged them to make a law, oblig- ing themfelves to attend, upon a penalty. This is a defect, and a misfortune natural to every de- mocratical conftitution, and to the popular part of every mixed government. A general or too common difmclination to attend, leaves room for perfons and parties more aftive to carry points by faclion and intrigue, which the majority, if all were prefect, would not approve.
It is curious to fee how many checks and li- mitations are contrived for this iegiflative affem- bly. Half nobles, half plebeians — all upwards of flve-and-twenty years old — two-thirds mull: agree — no fon can fit with his father ; never two of the fame family.
The capitaneos have the executive, like the Ro- man confuls, and the commiiTary has the judir
cial.
14 Democratical Republics.
cial. — Here again are remarkable limitations : he mufi: be a foreigner, and he is for three years. This is to give fome degree of liability to the ju- dicial power, and to make it a real and powerful check both to the executive and legiilative.
We are not indeed told whether the council of forty are elected annually or for life. Mr. Addi- fon may, from his well-known character, be fup- poled to have been more attentive to the grand and beautiful monuments 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 imperfect fketch of its conftitution and hiftory. Yet enough appears to fhew incon- teftibly, that St. Marino is by no means a per- fect democracy. It is a mixture of monarchy, ariftocracy, and democracy, as really as Sparta or Rome were, and as the MafTachufetts, New-* York, and Maryland now are, in which the pow- ers of the governor, fenate, and affembly, are more exactly afcertained and nicely balanced, but they are not more dift in 61 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 refides in the whole body of the people, is a democracy, it may be anfwered, 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, relided in the people, but the government was not a democracy. In Ame- rica, the right of fovereignty refides indifputably in the body of the people, and they have the
whole
St. Marino. 15
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 affemblies, to whom the exercii'e of fove- reignty is committed, are annually cholen. Go- vernments more democratical never exifted ; they are vaftly more lo than St. Marino. Yet the an- nual adminillration is divided into executive, le- giilative, and judicial powers ; and the legiflature itfelf is divided into monarchical, ariftocratical, and democratical branches ; and an equilibrium has been anxioufly fought for in all their deli- berations and actions, with 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 Hate, where every man perfonally knows every other, let the form of government be what it will, it is fcarcely pothole that any thing like tyranny or cruelty can take place. A king, or a decemvirate intrufted with the government, would feel the cenfures of the people, and be conftantly confcious of the facility of afTembling the whole, and apprehenfive of an exertion of their ftrength.
The poverty of this people appears, by the fine of one penny impofed upon abfence from the arengo ; and by the law, that an ambalTador fhould have a milling 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 the United States. It appears alfo, from the phyfician's being obliged to keep a horfe, probably there is not a carriage, nor ano- ther faddle-horfe in the commonwealth.
An handful of poor people living in the fim- pleft manner, by hard labour, upon the produce
of
1 6 D emocratical Rep ublics.
of a few cows, fheep, goats, fwine, poultry, and pigeons, on a piece of rocky, ihowy ground, pro- tected from every enemy by their fituation, their fuperftition, and even by their poverty, having no commerce nor luxury, can be no example for the commonwealth of Pennfylvania, Georgia, or Vermont, in one of which there are poffibly half a million of people, and in each of the other, at leail thirty thoufand, fcattered over a large territory.
Upon the whole, a flronger 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.
BISCAY.
Dear Sir,
N a refearch like this, after thofe people in Europe who have had the fkill, courage, and fortune, to preferve a voice in the government, Bifcay, in Spain, ought by no means to be omit- ted. While their neighbours have long fmce re- signed all their pretentions into the hands of kings and priefts, this extraordinary people have preserved their ancient language, genius, laws, government, and manners, without innovation, longer than any other nation of Europe. Of Celtic extraction, they once inhabited lbme of
the
Bifcay. 1 7
the fineft 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, when finding themfelves without a chief, becaufe Zeno, who commanded them, was made prifoner, they rofe and took arms to refill Or- dogne, fon of Alfonfus the Third, whofe domi- nation was too fevere for them, chofe for their chief an iffue 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 poffeflion of the lordfhip, reduced them to a treaty by which they united their country, under the title of a lordfhip, with Caftile, 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 infilled on, is not to have a king : another was, that every new lord, at his acceffion, fhould come into the country in perfon, with one of his legs bare, and take an oath to preferve the privileges of the lordfhip. The pre- fer) t king of Spain is the firft who has been com- plimented with their confem, 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 diftri6t. They
are
1 8 Democratical Republics.
are one-and-twenty 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 jurifdiclion like a bailiwick, befides the four cities on the coaft. The capital is Bilbao. — The whole is a colle£tion of very high and very fteep mountains, rugged and rocky to fuch a degree, that a company of men ported on one of them might defend itfelf as long as it could fubfift, by rolling rocks on their enemy. This natural formation of the country, which has rendered the march of armies im- practicable, and the daring fpirit of the inhabi- tants, have preferved their liberty.
Active, vigilant, generous, brave, hardy, in- clined to war and navigation, they have enjoyed, for two thoufand years, the reputation of the beft lbldiers and iailors in Spain, and even of the beft courtiers, many of them having, by their wit and manners, raifed themielves into offices of con- iequence under the court of Madrid. Their va- luable qualities have recommended them to the efteem of the kings of Spain, who have hitherto left them in pofTeflion of thofe great immunities of which they are fo jealous. In 1632, indeed, the court laid a duty upon fait: the inhabitants of Bilbao rofe, and mailacred all the officers ap- pointed to collecl: it, and all the officers of the grand admiral. Three thoufand troops were fent to punifh them for rebellion : thefe they fought, and totally defeated, driving moil of them into the fea, which difcouraged the court from pur- fuing their plan of taxation ; and lince that time the king has had no officer of any kind in the lordfhip, except his corregidor.
Many writers afcribe their flourifhing com- merce
Bifcqy* 19
merce to their fituation ; but, as this is no better than that of Ferrol or Corunna, that advantage is more probably due to their liberty. In riding through this little territory, you would fancy yourfelf in Connecticut; inflead of miferable huts, built of mud, and covered with itraw, you fee the country full of large and commodious houfes and barns of the farmer ; the lands well cultivated; and a wealthy, happy yeomanry. The roads, lb dangerous and impalTable in moll other parts of Spain, are here very good, having been made at a vaft expenfe of labour.
Although the government is called a democra- cy, we cannot here find all authority collected into one centre ; there are, on the contrary, as many diftinct governments as there are cities and merindades. The general government has two orders at leatt ; the lord or governor, and the bi- ennial parliament. Each of the thirteen fub- ordinate divihons 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 and chief juftice, its twelve regidores or counfel- lors, attorney-general, &c. and by all thefe, af- fembled in the confiitorial palace under the titles of con§ejoy juf\icia^ y regimiento, the laws are made in the name of the lord of Bifcay, and confirmed by him.
Thefe officers, it is true, are elected by the ci- tizens, but they mult by law be elected, as well as the deputies to the biennial parliament or jun- ta general, out of a few noble families, untrained, both by the fide of father and mother, by any mixture with Moors, Jews, new converts, peni-
Vol. I. C tentiaries
2o Democratical Republics.
tentiaries of the inquifition, &c. They muft be natives and refidents, worth a thoufand ducats, and muft 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, mull 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 eftabliihed 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 fome, 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 difpolition to diviilon, fo apparent in all de- mocratical governments, however tempered with ariftocratical and monarchical powers, has fhewn itfelf, in breaking off from it Guipufcoa and Ala- ba ; and the only preiervative of it from other divifions, has been the fear of their neighbours. They always knew, that as foon as they mould fall into factions, or attempt innovations, the court of Spain would interpofe, and prefcribe them a government not fo much to their tafte.
THE
The Grifons, 21
THE GRISONS.
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 Jurifdictions. 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 elecl and inftrucl their deputies for the general diet, which is held once a year. Each league elects alfo its chief or prelident, 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 Jurifdiclions. There is another ordinary affembly, compofed of chiefs and of three deputies from each league, which is held at Coire, in the month of January. Befides thefe regular affemblies, they hold congreffes whenever the neceflities of the ftate require them; fometimes of the chiefs alone, fometimes of cer- tain deputies from each league, according to the importance of the cafe : thefe affemblies 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 dinincYion of leagues. They conduct feparately their particular affairs. Their country is thirty-five leagues in length, and thirty in breadth.
Even
22 Democratical 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- menfe antiquity of their defcent, and boaft of it, and value themfelves upon it, as much as Julius Csefar did, who was defcended from a goddefs.
THE UNITED PROVINCES OF THE LOW COUNTRIES.
There are in Friefland and OveryfTell, and perhaps in the city of Dort, certain remnants of democratical powers, the fragments of an ancient edifice, which may pomblybe re-ere£ted; but as there is nothing which favours Mr. Turgot's idea, I ihall pafs over this country for the prel'ent.
LETTER V.
SWITZERLAND.
My dear Sir,
T is commonly faid, that fome of the cantons of Switzerland are democratical, and others ariftocratical : and ifthefe epithets are underftood only to mean, that one of thefe powers prevails in ibme of thofe republics, and the other in the reft, they are juft enough ; but there is neither a fimple democracy, nor a fnnple ariftocrac}7, among them. The governments of thefe confederated
flates,
Switzerland.
«3
ftates, like thofe of the United Provinces of the Netherlands, are very complicated, and there- fore very difficult to be fully explained; yet the molt fuperficial inquirer will find the moft evi- dent traces of a compohtipn of all the three pow- ers in all of them.
To begin with the cantons commonly reputed democratical.
DEMOCRATICAL CANTONS.
APPENZEL.
The canton, of Appenzel confifts of a feries of valleys, fcattered among inacceflible 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 flax. It has no walled towns, and only two or three open boroughs, 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 pafture grounds, commonly ornamented with trees; neatnefs and convenience are ftudied without, and a remarka- ble cleanlinefs within. The principal part of the inhabitants have preferved the fimplicity of the paftoral life. As there are not, at moft, above fifty thoufand fouls, there cannot be more than ten thoufand men capable of bearing arms. It is not at all furpriling, among fo much freedom, though among rocks and herds, to hear of lite- rature, and men of letters who are an ornament to their country.
Never-
24 Vemocratical 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 Appenzel, or Rhodes Exterior and Rhodes Interior. Each dis- trict has now its refpeclive chief magiftrate, court of juftice, police, bandaret, and deputy to the general diet, 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 eaft ; 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 refidesin the general affembly, which, in the Interior Rhodes, meets every year at Appenzel, the laft Sunday in April; but, in the Exterior Rhodes, it affembles alternately 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 director of the buildings, the director 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 fubdivided into fix lefiTer ones, each of which has fixteen counfellors, among whom are always two chiefs. The grand council in the Interior Rhodes, as alfo the criminal jurifdiction, is compofed of one hundred and twenty-eight perfons, who af-
femble
Appenzet. 25
femble twice a year, eight days after the general aflembly, and at as many other times as oceafions 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 fovereignty of them confifts in the double grand council of the country, called the old and new council, which affembles once a year, eight days after the afTembly of the country, at Trogen or at Herifaw, and is compofed of ninety and odd perfons. Then follows the grand coun- cil, in which, beiides the ten officers, the reigning chiefs of all the communities have feats, the di- rectors of the buildings, the chancellor, and the fautier, which make thirty-live perfons; the reign- ing land amman prefides. After this comes the little council from before the fittern, which is held every nrfl Tuefday of each month at Tro- gen; the reigning land amman is the prefident, to whom always affifts, alternately, 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 presidency 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 afk, if here are not different orders of men, and balances in abundance ? Such an handful of people, living by agriculture, in pri- mitive Simplicity, one would think might live- very quietly, almofl: without any government at all ; yet, inftead of being capable of collecting
all
z6 Democratical Cantons*
all authority into one afTembly, they feem to have been forcibly agitated by a mutual power of repulfion, which has divided them into two commonwealths, each of which has its monarchi- cal power in a chief magiftrate ; its ariftocratical power in two councils, one for legiflation, and the other for execution; befides the two more popular aflemblies. This is furely no fimple de- mocracy.— Indeed a fimple democracy by repre- fentation is a contradiction in terms.
LETTER VI.
UNDERWALD.
My dear Sir,
TH E canton of Underwald confifts 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 imperfectly 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 capital is Sarnen. The fovereign is the whole country, the fovereignty refiding in the general affembly, where all the males of fifteen have entry and fuf- frage ; but each valley apart has, with refpect to its interior concerns, its land amman, its officers of adminiftration, and its public affembly, com-
poled
UnderwaJd. 27
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 admi- niftration, and of fifty-eight fenators chofen in the faid councils of the two valleys. Befides this there are, for juftice and police, the chamber of feveD, and the chamber of fifteen, for the up- per valley, and the chamber of eleven for the lower.
Here again are arrangements more complicat- ed, and ariftocratical preferences more decided, in order to counterpoile the democratical afTem- bly, than any to be found in America, and the land amman is as great a man in proportion as an American governor. Is this a fimple democracy ? Has this little clan of graziers been able to col- lect all authority into one centre ? Are there not three afTemblies here to moderate and balance each other? And are not the executive and judi- cial powers feparated from the legiilative ? Is it not a mixed government, as much as any in America ? Although its conftitution is not by any means fo well digefied as ten at leaft of thofe of the United States ; and although it would never be found capable of holding together a great nation ?
LETTER Vol. I. D
28 Democratical Cantons.
LETTER VII.
G L A R I S.
My dear Sir,
THE canton of Glaris 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- lifh accounts. The commerce of it is in cheefe, butter, cattle, linen, and thread. Ten thou- fand cattle, and four thoufand fheep, paftured in fu miner" upon the mountains, conftitute their wealth.
The inhabitants live together in a general equal- it}^, and moft perfect harmony; even thofe of the different perfualions of Catholics and Protef- tants, who fometimes perform divine fervice in the fame church, one after the other : and all the offices of flate are indifferently adminiftered by both parties, though the Protectants are more in number, and fuperior both in induftry and com- merce. All 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- gefTes. If they err in their councils, it is an error of the judgment, and not of the heart. As
there
Glaris. 29
there is no fear of invafion, and they have no con- quers 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 preferved by the people, deferve 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 ilavery. Their hiftory 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 country as they expelled, in attacking" about four hundred men polled on the mountains at Nasfel, they were broken by the Hones 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- . menfe lofs. Such will ever be the character of a people, who prefer ve fo large a fhare to themfelves in their legiilature, while they temper their con- ftitution, at the fame time, with an executive power in a chief magiftrate, and an ariftocratical power in a wife fenate.
The government here is by no means entirely democratical. It is true, that the fovereign is the whole country, and the fovereignty refides in
the
30 Democratical Cantons.
the general afTembly, where each male of fifteen, with his fvvord at his fide, has his feat and vote. It is true, that this afTembly, 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 magiftrate 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 ftadtholder, and fixty-two fenators, forty-eight Proteftants and fourteen Ca- tholics, all taken from fifteen tagwen or corvees, 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 tagwen or corvee furnifhes four fe- nators; befides the borough of Claris, which fur- nifhes fix.
Inftead of a fimple democracy, it is a mixed government, in which the monarchical power in the land amman, ftadtholder or pro-conful, the ariftocratical order in the fenate, and the demo- cratical in the general afTembly, are diftinctly marked. It is, however, but imperfectly ba- lanced; fo much of the executive power in an ariftocratical afTembly would be dangerous in the higheft degree in a large ftate, and among a lich people. If this canton could extend its do- minion,
Zug. 31
minion, or greatly multiply its numbers, it would foon find the neceflity of giving the executive power to the land am man, in order to defend the people againft the fenate ; for the fenate, although it is always the refervoir of wifdom, is eternally the very focus of ambition.
LETTER VIII.
ZUG.
My Dear Sir,
THE canton of Zug is fmall, but rich, and divided into mountains and plains. The fovereign is the city of Zug, and part of the country. It is divided into five quarters, which pofTefs the fovereignty; the city of Zug is two, and the country three, Mentzingen, Egeri, and Bar. The government is very complicated, and the fovereignty refides in the general affembly of the five quarters, where each male perfon of fif- teen years of age has admittance and a voice. It afTembles annually to enacl: laws, and choofe their magiftrates. Thus thefe five quarters make a body of a democratical republic which com- mands the reft of the canton. They furnifh al- ternately the land amman, the head or chief of the ftate, who muft always refide at Zug with the regency of the country, although he is chofen by the fuffrages of all the quarters collectively. He continues three years in office when taken from the diftrift of Zug, and but two when chof- en from any of the others.
The
32 Democratkal Cantons.
The council of regency to whom the general adminiftration of affairs is intrufted, is compofed of forty fenators, thirteen from the city, and twenty-feven from the country.
The city, moreover, has its chief, its council, and its officers apart, and every one of the other quarters has the fame.
It is a total misapplication of words to call this government a fimple democracy; for, al- though the people are accounted for fomething, and indeed for more than in molt other free go- vernments ; in other words, although it is a free republic, it is rather a confederation of four or five republics, each of which has its monarchical, ariitocratical, and democratical branches, than a fimple democracy. The confederation too has its three branches ; the general affembly, the regen- cy of fenators, and the land amman ; being dif- ferent orders tempering each other, as really as the houfe, council, and governor, in any of the United States of America.
LETTER IX.
U R I.
My dear Sir,
THE canton of Uri, the place of the birth and refidence of William Tell, fhook off the yoke of Auftria in 1308, and, with Switz and Underwald, laid the foundation of the perpetual alliance of the cantons, in 1315- The canton confifts only of villages and little towns or bour-
gades,
Uri.
33
gades, and the whole is divided into ten genofTa- men, or inferior communities. It has no city. Altdorf, where the general afTemblies are held, and the land amman and regency refides, is the principal village.
The land amman and the principal magiftrates are elected in the general affembly, in which all the male perfons of fifteen years of age have a right to a feat and a vote.
The fenate or council of regency, in whom is veiled the executive power, is compofed of fixty members, taken equally from each genoiTamen, though they refide at the capital borough. From this council are taken all the neceffary offi- cers.
There are two other councils; one called the chamber of feven, and the other the chamber of iifteen, for the management of lefTer affairs.
The valley of Urferen, three leagues in length and one in breadth, marches under the banners of Uri; but it is but an ally, connected by treaty in 1410. It has its proper land amman and council, and has alfo a bailiwick fubject to it.
The village of Gerfaw is a league in breadth, and two in length : there are about a thoufand inhabitants. This is the fmalleft republic in Eu- rope : it has however its land amman, its coun- cil of regency, and its general affembly of bur- geffes, its courts of juftice and militia, although it is faid there is not a lingle horfe in the whole empire. Such a diminutive republic, in an ob- fcure corner, and unknown, is interefting to Americans, not only becaufe every fpot of earth on which civil liberty flourifhes deferves their ef- teem, but upon this occafion is particularly im- portant,
34 Democratical Cantons. — Swifz.
portant, as it fhews the impoffibility of erecting even the fmalleft government, among the pooreft people, without different orders, councils, and balances.
LETTER X.
S W I T Z.
My dear Sir,
THE canton of Switz has the honour of giv- ing the name to the whole confederation, becaufe the firft battle for independency was fought there : yet it confifts only of villages divided into fix quarters, the firft of which is Switz, where the ordinary regency of the country refides. The fovereign is the whole country ; that is to fay, the fovereignty refides in the general afTembly of the country, where all the males of fifteen years of age have a right of entry and fuffrage.
Yet they have their land amman ; and their or- dinary regency, at which the land amman pre- fides, compofed of fixty counfellors, taken equally from the fix quarters. All the neceffary officers are taken from this council.
There are, befides, the fecret chamber, the chamber of feven, and the chamber of nine, for finance, juftice, and police.
LETTER
Arijiocratical Cantons. — Berne, 35
LETTER XL ARISTOCRATICAL REPUBLICS.
THE CANTON OF BERNE.
My dear Sir,
T is fcarcely pofilble to believe that Mr. Tur- got, by collecting all authority into one cen- tre, could have intended an ariitocratical affem- bly. He muft have meant, however, a fimple form of government of fome kind or other ; and there are but three kinds of fimple forms, demo- cracy, ariltocracy, and monarchy. As we have gone through moft, if not all, the governments in Europe in which the people have any fhare ; it will throw much light upon our fubjecl: if we proceed to the ariftocracies and oligarchies ; for we fhall find all thefe under a neceflity of eftab- lifhing orders, checks, and balances, as much as the democracies. As the people have been al- ways neceffitated to eftablifh monarchical and ariftocratical powers, to check themfelves from rufhing into anarchy ; fo have ariitocratical bo- dies ever been obliged to contrive a number of divifions of their powers to check themfelves from running into oligarchy.
The canton of Berne has no other fovereign than the fingle city of Berne. The fovereignty relides in the grand council, which has the legis- lative power, and the power of making peace, war, and alliances, and is compofed of two hun-
Vol. I. E dred
36 Arijlocratkal Cantons.
died counfellors and ninety-nine affeflbrs, the election of whom is made, by the feizeniers and the fenate, from the citizens, from whom they are fuppofed virtually to derive their power ; but a general afTembly of the citizens is never called together, on any occafion, or for any purpofe, not even to lay taxes, nor to make alliances or war. To be eligible into the grand council, one mult be a citizen of Berne, member of one of the focieties or tribes, and at leaft in the thirtieth year of his age.
The executive power is delegated by the grand council to the fenate or little council, which is compofed of twenty-feven perfons, including the two avoyers or chiefs of the republic, the two treafurers of the German country, and of the pays de Vaud, and the four bannerets or com- manders of the militia, taken from the four firft tribes, for the four diftricts of the city. Vacan- cies in this fenate are filled up by a complicated mixture of ballot and lot : twenty-fix balls, three of which are gold, are drawn out of a box by the feveral fenators ; thofe who draw the golden ones nominate three electors out of the little council ; in the fame manner, feven members are defignated from the grand council, who nominate feven electors from their body; thefe ten no- minate ten candidates to be voted for in the grand council : the four of thefe who have the moft votes, draw each of them a ball out of a box, which has in it two of gold and two of ill-- ver; the two who draw the gold are voted for in the grand council, and he who has the mo ft votes is chofen, 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
Berne.
37
members are appointed by each avoyer, one by each feizenier and fenator, and two or three others by other officers of ftate : if there are more va- cancies, they are filled by the election of the fei- zeniers and fenators.
The feizeniers, who have this elective power, are drawn by lot from among thofe members of the grand council who have held the office of bailiffs, and who have finifhed the term of their adminiftration. The bannerets and feizeniers have, by the eonftitution, an authority, for three days in Eafter, refembling that of the cenfors in ancient Rome, and may deprive any member of either council of his place ; but, as their fen- tence muft be confirmed by the great council, they never exercife their power. There are fix noble families at Berne, who enjoy the precedence of all the other fenators, although more ancient members, and have rank immediately after the bannerets.
The principal magiftrates are, the two avoyers, who hold their offices for life; the two treafu- rers, who continue for fix years; and the four bannerets, who remain only four. The avoyers officiate alternately a year ; and the reigning avo- yer, although he prefides in council, in an ele- vated feat under a canopy, and has the public feal before him, has no vote except in cafes of equal divifions, and never gives his opinion mv lefs it is required. The avoyer, out of office, is the firft fenator and prefident of the fecret council.
The fecret council is compofed of the avoyer out of office, the four bannerets, the two trea- furers, and two other fecret c<%unfellors taken from the fenate. In this body all affairs that re- quire
38 Arijlocratical Cantons.
quire fecrecy, and fome of thefe are of great im* portance, are debated and determined.
The grand council affembles and deliberates by its own authority at Hated times, and fuper- intends all affairs, although the moil important are delegated generally to the fenate. The whole adminiftration is celebrated for its uncommon moderation, precifion, and difpatch.
There are feventy-two bailiwicks, diftributed in four claffes, comprehending a country of fixty leagues in length, or a third part of all Switzer- land, fubject to this city. The bailiffs are ap- pointed by lot from the grand council. They were formerly chofen, but this method rendering all the members dependent upon a few, who had the raoft influence, it had too ftrong a tendency to an oligarchy. The bailiwicks are the molt, profitable places, and are filled from the grand council. The bailiffs live in much fplendour, and are able to lay up two or three thoufand pounds fterling a year, befides difcharging all their expences. They reprefent the fovereign au- thority, put the laws in execution, collect the re- venues, a 61 as judges in civil and criminal caufes; but an appeal lies to Berne, in civil caufes to the courts of juftice, 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 is great reafon to be apprehenfive of partiality.
'i here is no {landing army, but every male of fixteen is enrolled in the militia, and obliged to provide himfelf an uniform, a mufket, powder and ball; and no peafant is allowed to marry, without producing his arms and uniform. The arms are infpec^ed every year, and the men ex- crcifed. There are arfenals of arms at Berne, and
in
Beme.
39
in every bailiwick, fufficient for the militia of the diftrid, and a fum of money for three months pay. The dragoons are chofen from the fubftantial farm- ers, who are obliged to provide their own horfes 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 com- mand 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. The young men afTem- ble and go through all the forms; they have their grand council, fenate, avoyers, treafurers, bannerets, feizeniers, &c. the poll of avoyer is fought with great affiduity. They debate upon political fubjecls, and thus improve their talents by exercife, and become more capable of ferv- ing the public in future life.
The nobility in this country are haughty, and much averfe to mixing in company, or any fa- miliar converfation with the common people : the commons are taught to believe the nobles fuperi- ors, whofe right it is to rule ; and they believe their teachers, and are very willing to be go- verned.
LETTER XII.
FRIBOURG.
My dear Sir,
THE canton of Fribourg is ariftocratical, not having more than forty families, who can have any part in the government. Thefe all live very nobly ; that is to fay without commerce, manufactures, or trades.
The
40 Arijlocratkal Cantons.
The fovereignty and legiflative authority refutes' in the council of two hundred perfons, compofed of the two avoyers, who are for life; twenty- two counfellors ; four bannerets; fixty other coun- fellors, from whom the twenty-four who com- pofe the fenate, in which refides the executive power, are taken when they are to be replaced ;. and one hundred and twelve others, whom they call the grand fenate of two hundred.
The two avoyers are elected by the plurality of fuffrages of all the citizens. . They hold their offices for life, and preflde alternately a year. The twenty-two counfellors are alfo for life, and are defignated by lot, as well as the bannerets, whofe charges continue but three years. The fixty alfo are nominated by lot, and are drawn from the hundred and twelve, called the two hundred. Thefe laft come forward in the Hate by the prefentation and nomination of the fecret chamber, compofed of twenty-four, befides the bannerets, who are the chiefs of it. This cham- ber, which is fovereign, belides the right of no- mination to the ftate, has alone that of correcti- on, and of propofmg 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 grand fenate of two hundred.
The tribes are corporations of tradefmen, who have no part in government, and who affemble 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 fubjecl to this canton. The method of determining the mem- bers
Fribourg. 41
bers of the little fenate and fecret council is ano- ther check. The names of the candidates in nomination are placed in a box, containing as ma- ny partitions as there are perfons: the ballots are thrown into this box by the electors, without knowing how the names are placed ; and the can- didate whole name occupies the divifion, which receives by accident the moft ballots, has the lot. 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 fixty- fix thoufand fouls. Its land produces good pas- 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 direct communication with the fea, they might have a valuable commerce ; but as none of the perfons concerned in government can be merchants, no commerce can ever be in fafhion, except that of their noble blood to foreign fovereigns. 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 juftice, huma- nity, or policy, or from the imputation of a more mercenary fpirit than that of ordinary com- merce, is for them to confider. The confervation of the oligarchy is entirely owing however to this cuftom : for a youthful fiery nobility, at home in idlenefs, would neceffarily become ambitious of popularity, and either procure, by intrigues and infurrections, a greater fhare of importance to the people, or fet up one of the greateft genius and enterprize among them for a defpot. In foreign fervice they exhauft their refHefs years, and re- turn,
42 Arijlocratkal Cantons.
turn, after the deaths of their fathers, fatigued with difiipation, to enjoy their honours and eftates ; to iiipport thofe laws which are fo par- tial to their wifhes ; and to re-affume the manly fimplicity of manners of their native country.
LETTER XIII.
S O L E U R E.
My dear Sir,
THE canton of Soleure, feven leagues in breath 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, confifting of two avoyers, who prelide alternately, and whofe election 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 reprefent the citizens, and are taken alfo from the tribes in equal numbers, viz. fix from 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, conduct the affairs of flate, 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 andftatutes; treats of alliances, peace
and
Soleure. 43
and war; decides appeals in the laft refort; elecls the treafurer, the fourth in rank in the ftate, and the exterior bailiffs. The thirty-three fenators confift of eleven alt- raths or feniorcounfellors, and twenty-two yunk-raths or juniors. Upon the removal by death of one of the alt-raths, the eldeft of the yunk-raths fucceeds him, and this vacancy is filled, out of the great council, by election 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 afTembly of citizens. Vacancies in the grand council are fupplied by the alt-raths, from the fame tribe to which 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 fenate.
The revenues of the public, and falaries of of- fices, are very confiderable, and afford the few diftinguifhed families very profitable emoluments. The grand fautieris annually elecled by all the citi- zens. There are feveral tribunals and chambers : the fecret council, formed of the two avoyers, the banneret, the treafurer, the moft ancient of the fenators of the firft order or alt-raths, the fecretary of fiate, and attorney-general : the council of war : the council of juftice, which is compofed of fix members of the little council, and eleven members of the grand council, one
Vol. I. V of
44 Arifiocratical Cantons.
of whom is furnifhed by each tribe ; the grand fautier prefides in it, inftead of the avoyer in of- fice : the confiftory, and the chamber of or- phans. This canton has a large country fubject to it, comprehending eleven bailiwicks.
The foil is extremely fertile, yet there is a want of hands for agriculture, and population decreafes; although commodiouily fituated for commerce, they have none. Thefe circumftances are enough to fhew the bleffings of a government by a few noble families. They fhew another thing, frill more curious; to wit, the conlequences of mix- ing the nobles and commons together. The latter have here been induced to reduce their own con- ftitutional fhare in the government to a mere form, and complaifantly to relign all the fubftance into the hands of thofe whom 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 whole legiilative and executive power are in one affembly, or even in two, if they have not a third power to balance them.
Let us by no means omit, that there is a grand arfenal at Soleure, as there is at Berne, well ftored with arms in proportion to the number of inhabi- tants in the canton, and ornamented with the tro- phies of the valour of their anceitors.
Nor mould 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 fteady, faithful, and generous friend. In 1777 the alliance was renew- ed in this city of Soleure, where the French ambaflador relides; and extended to all the can- tons. In the former treaty an article was inferted,
that
Lucerne. 45
that if any difTenfions 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 mould fail, he fhould compel the aggreffor to fulfil the treaties between the cantons and their allies. As this article was manifestly 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 peniions, which are called Argents de Paix et de Alliance, as in- continent not only with a republican fpirit, but with that equality which ought to be the founda- tion 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, monafreries, feigniories, ccc. 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 ifTues from the lake, pafTes through the town, and falls into the Rhine.
The city contains lefs than three thoufand fouls, has no manufactures, little trade, and no encouragement for learning : yet the fovereign is this fingle city, and the fovereign ty refides in the
little
46 Arijlocratical 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, fe- nate, or council of ftate, confifting of thirty-fix members, divided into two equal parts of eighteen each, one of which makes choice of the other every half year. The whole power is adlually exercifed by this body, the two divifions of which adminifter the government by turns. They are fubject to no controul, are neither confirmed by the fovereign council, nor by the citizens; the du vifion which retires confirming that which comes in. As the vacancies in the fenate are filled up by themfelves, all power is in poffeflion of a few Patrician families. The fon fucceeds the father, and the brother his brother.
The grand council confifts of fixty-four per- fons, taken from the citizens, who are faid to have their privileges ; but it is hard to guefs what they are, as the elections are made by the little and great council conjointly.
The administration, the police, the finances, and the whole executive power, is in the fenate, which is constantly fitting.
The grand council is alTembled only upon par- ticular occafipns, for the purpofe of legiflation. The fenate has cognizance of criminal caufes, but In capital cafes the grand council is convoked to pronounce Sentence : in civil caufes an appeal lies from the fenate to the grand council ; but thcfe appeals can be but mere forms, the fame fe- nators being in both courts.
As the fenate constitutes above a third of the grand council, choofe their own members, confer
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 two 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 connections in an oligarchy are futile, as all laws are cyphers. There are al- fo 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 afTembled and give their confent, which is one check upon the pow-> er of the nobles.
LETTER XV,
ZURICH.
My dear Sir,
TH E 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 encouraged, and has conftantly flourished in this country, from the time of Zuinglius to that of Gefner and Lavater. The inhabitants are induft rious, their manufactures confiderable, and their commerce extenfive.
In the city is a public granary, an admirable refource againft fcarcity, and a magnificent arfe- nal well filled with cannon, arms, and ammuni- tion, particularly mufquets for thirty thoufand
men;
48 Arljlocratical Cantons.
men ; the armour of the old Swifs warriors, and the bow and arrow with which William Tell fhot the apple on the head of his fon —
Who with the generous ruftics fate, On Uri's rock, in clofe divan. And wing'd that arrow, fure as fate, WThich fix'd the facred rights of man.
The fovereign is the city of Zurich. The fovereignty refides in the two burgomafters, in the little council compofed of forty-eight mem- bers, and the grand council compofed of one hun- dred and fixty-two members ;. all taken from thir- teen 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 citi- zens. In early times, when the city had no ter- ritory round it, or a fmall one, the citizens were in poffeffion of the government; when they af- terwards made additions by conqueft or purchafe, they ftill obftinately held this power, and exclud- ed all their new fubje6ts. It is an hundred and fifty years fmce a new citizen has been ad- mitted : befides electing all the magiftrates and holding all offices, they have maintained a mono- poly of commerce, and excluded all ftrangers, and even fubjecls of the canton, from conducting any in the town. Such are commons, as well as no- bles and princes, whenever they have power un- checked in their hands !
There is even in this commercial republic a tribe of nobles, who confider trade as a humi- liation.
The
Zurich.
49
The legiflative 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 nobles, to thefe are added twenty, elected by the fovereign council ; making, in all, with the two burgomafters, fifty : half of them adminifter fix months, and are then fucceeded by the reft. The burgomafters are chofen annually by the fovereign 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 171 2, 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 fhe derives more from her reputation for integrity, and original Swifs independence of fpirit, than from her power.
LETTER XVI.
SCHAFFHAUSE.
My dear Sir,
THE fovereign is the city of Schaffhaufe. The citizens, about fixteen hundred, are divided into twelve tribes, one of which coniifts of nobles, and eleven are ordinary citizens.
The
5© Ariflocratical Republics.
The foiTe reign ty refides in the little and grand councils.
The fenate, or little council of twenty-five, has the executive power.
The great council comprizing the fenate, has the legiflative, and finally decides appeals.
The burgomafters are the chiefs of the repub* lie, and alternately prefide in both councils.
Befides thefe there are, the fecret council, of feven of the higheft officers; the chamber of juftice, of twenty-five, including the prefident \ the praetorian chamber, of thirteen, including the prefident; the confiftory, of nine; and the chamber of accounts, of nine. The city has ten bailiwicks fubject to it.
THE CITY OF MULHOUSE.
The fovereign is the city: the fovereignty re- fides in the little and the grand council. The lefTer council is compofed of twenty-four perfons ; viz. three burgomafters who prefide by turns, each one fix months, nine couniellors, and twelve tribunes, who fucceed by election, and are taken from the grand council.
The grand council is compofed of feventy- eight, viz. the twenty-four of the lefTer council, thirty-fix members of the tribes, fix from each, and eighteen taken from the body of the citizens, and ele&ed three by each one of the fix tribes.
THE CITY OF BIENNE.
The republic of Bienne contains lefs than "fix thouland fouls.
The
The City of Bienne. 51
The regency is compofed of the great council, in which the legiflative authority reiides, coniift- ing of forty members ; and of the little council, compofed of twenty-four, who have the execu- tive.
Each of thefe councils elect their own mem- bers, from the lix 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 continues in office for life, although he goes through the form of an annual confirmation by the two councils, when the other magiftrates 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. GALL.
My dear Sir,
TH E republic of St. Gall is a league and a half in circumference, and contains nine thoufand fouls. The inhabitants are very indul- trious in manufactures of linen, muflin, and em- broidery, have an extenfive commerce, and arts, fciences, and literature are efteemed and culti- Vol. I. G vated
52 Ariftocratical Republics.
vated among them. They have a remarkable public library, in which are thirteen volumes of original manufcript letters of the firft reformers. To fee the different effects of different forms of government on the human character, and the happinefs and profperity of nations, it would be worth while to compare this city with Conftance, in its neighbourhood.
This happy and profperous, though diminutive republic, has its grand council 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 thefe, there are, the chamber of juftice, the chamber of five, and fome others.
GENEVA,
In the republic of Geneva, the fovereignty re- fides in the general council, lawfully convened, which comprehends all the orders of the ftate, and is compofed of four findics, chiefs of the republic, prefidents of all the councils ; of the leffer council of twenty-five ; of the grand coun- cil of two hundred, though it confifts 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 city deferves to be ftudied with anxious attention
by
Geneva. 53
by every American citizen. The principles of government, the neceffity of various orders, and the fatal effecls of an imperfect balance, appear no where in a ftronger light. The fatal {lumbers of the people, their invincible attachment to a few families, and the cool deliberate rage of thofe families, if fuch an expreflion may be allowed, to grafp all authority into their own hands, when they are not controuled or over-awed by a power above them in a firit magiitrate, are written in every page. I need only refer you to Dr. dTver- nois'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 facts relating to the Swifs cantons, and their environs, mentioned in thefe letters, are taken from the ^uarante Tables Politiques de la Suisse, par C. E. Faber, Bemois, Pajleur, a Bijhviller, in 1746; 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 inftructive as they are entertaining.
The petty council is indifferently called the council of twenty-five, the petit council, or the fenate.
The council of fixty is a body ele&ed by the fenate, and meets only for the diicuflion of fo- reign affairs.
The grand council, and council of two hun- dred, are one and the fame body ; it is ftill called the council of two hundred, though it now con- firms of two hundred and fifty members.
The general council, called indifcriminately the fovereign council, the general assembly, the fove- reign
54 Ariftocratical Republics.
reign assembly, the assembly of the people, or the council general, is compofed of 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 affembly ; it was both a deliberating and acting 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 election. The multipli- city of affairs had engaged each findic to nomi- nate fome of the principal citizens to ferve as af- fefibrs during his adminiftration ; thefe affefTors, called couniellors, formed a council of twenty- five perfons. In 1457 the general council decreed, that the council of twenty-five mould be augment- ed to fixty. This body, in 1526, was augmented to two hundred.
Thus far the ariftocratical gentlemen proceeded upon democratical principles, and all is done by the general affembly. At this inftant commences the firft overt a6l of ariftocratical ambition. — Warm in their feats, they were loth to leave them, or hold them any longer at the will of the peo- ple. With all the fubtlety, and all the fagacity and addrefs which is characleriftic of this order of men in every age and nation, they prevailed on the people to relinquifh for the future the right of electing counfellors in the general affembly j and the people, with their characteriftic fimpli- city, and unbounded confidence in their rulers when they love them; became the dupes, and paifed a law, that the two councils fhould for the future elect, or at leaft approve and affirm, each
other.
Geneva. 55
other. This is a natural and unavoidable effect of doing all things in one affembly, or collecting all authority into one centre. When magiftrates 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 anyexeluded: and the two 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. It is moft likely they deceived themfelves as well as their conftituents, and mif- took their own ambition for patriotifm : but this is the progreflive march of all afTemblies; none can confine themfelves within their limits, when they have an opportunity of tranlgreffing them. Thefe magiftrates foon learned to confider 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 refpect too : their authority being now permanent, they immediately attack the fmdics, and transfer their power to themfelves.
The whole hiftory of Geneva, fince that pe- riod, follows of courfe : the people, by their iu- pinenefs, had given up all balances, and betrayed their own privileges, as well as the prerogatives of their firft magiftrates, into the hands of a few families.
The people of Geneva, as enlightened as any, have never confidered the neceffity of joining with the fmdics, nor the findics that of joining the
people,
56 Arijlocratical Republics.
people, but have conftantly aimed at an impofli- bility, that of balancing an ariftocratical by a democratical affembly, without the aid of a third power.
LETTER XVIII.
LUCCA.
My dear Sir,
THE government of this republic is faid to be purely ariftocratical ; 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 aflifted by nine counf'ellors, .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 counfellors, at the public expence : after fix years he may be re- chofen. The election of all officers is decided in the fenate by ballot.
G e n o A.
The legiflative authority of Genoa is lodged in the great fenate, conhfting of feniors, or the doge and twelve other members, with four hun- dred noblemen and principal citizens, annually elecled. All matters of ftate are tranfa&ed by
the
Genoa. 57
the feniors, the members of which hold their places for two years, amfted 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 procuratori and gouvernatori afTemble, is a large ftone building in the centre 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 election 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 Moll Se- rene, the fenators Excellencies, and the nobility Illuflrious.
The nobility are allowed to trade in the whole- fale way; to carry on velvet, iilk, and cloth ma- nufactures ; and to have fhares in merchant fhips : and fome of them, as the Palavacini, are actually the greateft merchants in Genoa.
The extent is about one hundred and fifty-two miles, the breadth from eight to twenty miles.
LETTER
SB Ariflocratkal Republics.
LETTER XIX.
VENICE.
My dear Sir,
1"^HE 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- cratical; and their magiftrates, under the name of tribunes, were chofen by the people in a ge- neral aflembly of them. A tribune was appointed annually, to diftribute juftice on each of thofe iflands which this people inhabited. Whether this can be called collecting all authority into one centre, or whether it was not rather dividing it into as many parcels as there were iflands, this fimple form of government fufficed, in fo fmall a community, to maintain order for fome time; but the tyrannical ad mini ft ration of the tribunes, and their eternal difcords, rendered a revolution ne- ceflary; and after long altercations, and many projects, the people, having no adequate idea of the only natural balance of power among three orders, determined that one magiftrate fhould be chofen, as the centre of all authority — the eter- nal refource of every ignorant people, harraffed with democratical diftraclions or ariftocratical en- croachments. This magiftrate muft 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 all magiftrates, and the power of peace and war. The unbounded popularity and great real merit of Paul Luc Anafefte, added to the preffure of tribunary tyranny, and the danger of a foreign
enemy,
Venice.
59
enemy, accomplished this revolution. The new doge was to confult only fuch citizens as he ftiould judge proper: this, inftead of giving him a conftitutional council, made him the mafter; he however fent polite meflages to thofe he liked beft, praying that they would come and advife him. Thefe 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 no conftitutional means to reftrain him, put him to death in his palace, and refolved to abolifh the office. Hating alike the name of tribune and of doge, they would have a mafter of the militia, and he mould be annu- ally eligible. Factions too violent for this tran- fient authority arofe ; and, only five years after, "the people abolifhed this office, and reftored the power of the doge, in the peribn of the fon of him whom in their fury they had afTaflinated. For a long courfe of years after this, the Venetian hiftory difclofes fcenes of tyranny, revolt, cruel- ty, and afTafimation, which excite horror. Doges, endeavouring to make their power hereditary, af- fociating their eldeft fons with them in office, and both together oppreffing the people ; thefe riling, and murdering them, or driving them into ba- nifhment, never once thinking of introducing a third order, between them and their firft magis- 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, baniffied, and declared incapable of ever being doge ; yet no fooner was the father dead, than this worthlefs Vol. I. H fon
60 Arijlocratical Republics.
fon was elected, and brought back in great pomp to Venice: he became foon a tyrant and a mon- iter, and the people tore him to pieces, but took no meafure to frame a legal government. The city increafed in commerce, and by conquefts, and the new fubjects 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 descendants of the ancient tri- bunes and doges were generally rich, and had a Spontaneous refpect fhewn 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 elected to a public office, and had a vote in the alTemblies, it was necelTary for the proudeft among them to cultivate the good will of the multitude, who made and murdered doges. Through all thefe contefts and diffen- 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 contradictory to each other, the people had, to their honour, ftill maintained their right of voting in affembly, 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 a plan like that of Mr. Hume in his idea of a perfect commonwealth, and like that which our
friend,
Venice.. 6r
friend, Dr. Price, informs us was propofed in the convention of Maffachufetts.
The city was divided into fix diftricls, called feftiers. The council of forty propofed, that each of thefe partitions fhould name two elec- tors, amounting to twelve in all, who mould have the power of choofing, from the whole city, four hundred and feventy, who mould have the whole power of the general alfembly, and be call- ed the grand council.
The people were amufed with fine promifes of order and regularity, and confoled with affertions that their right of election ftill continued, and that thofe who fhould 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 mould be appointed, to name the doge. Though the defign of reducing the people to nothing might have been ealily 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 dcge, whofe au- thority had often been perverted to the purpofes of opprefllon, and, having no legal check, had never been retrained but by violence, and all the confufions which accompany it. They pro- pofed that a privy council of fix fhould be ap- pointed for the doge, one from each diviiion of the city, by the grand council themfelves, and that no orders fhould be valid without their con- currence : this paffed into a law, with unanimous applaufe. . They then propofed a fenate of fixty, who were to be elected out of the grand council,
and
6z Ariflocratical Republics.
and to be called the pregadi : this too was ap- proved. The grand council of four hundred and feventy, the fenate of lixty, the fix counfellors, and eleven electors, were accordingly all chofen, and the lair, were fworn to choofe a doge, without partiality, favour, or affection : and the new-chof- en doge, having taken care to diftribute money among the multitude, was received with univerfal acclamations. In his reign was inftituted, by per- miflion of the pope, the curious ceremony of wedding the fea, by a ring call: into it, in fignum <veri et per p etui 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 correctors, were created by the fenate, to inquire into all abufes during the reign of a de- ceafed doge, and report them to the fenate ; and it was enacted, that the fortune of the doge fhould indemnify the ftate for whatever damage it had fuffered during his adminiftration : and thefe cor- rectors have been appointed, at the deceafe of every doge iince 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 white ; thole who draw the gilt ones, go into another room, where is a box with thirty balls, nine of which are gilt ; draw again, and thofe who obtain the gilt balls are the fir ft electors ; who choofe forty, com- prehending themfelves in that number; the forty,
by
Venice. 63
by repeating the whole procefs, are reduced to twelve Jecorid electors, 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 gilt ; this reduces them to nine third e/eclors, each of whom choofes five : which forty-five are re- duced, by a repetition of the ballot, . to eleven fourth e/eclors, and they have the appointment of forty-one, who are the direct electors 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 electors proceed to determine by ayes and noes ; if there are twen- ty-five ayes, he is chofen, if not, another name is read, and the fame decifion repeated, until there are twenty-five in the affirmative.
The grand council, ever anxious to limit the power of the doge, foon thought it improper that the public acts fhould be figned by chancellors appointed by him, and accordingly determined to appoint this officer themfelves.
The fenate then began to think it too great a refpecl to the people to have the new doge pre- fented to them for their acclamations, and or- dained that a fyndic fhould congratulate him in the name of the people on his election. The populace, who had weekly furrendered their rights, were very angry at being deprived of this fhow, and proclaimed a doge of their own ; but he was afraid of the conteft, and retired, and the people having no man of weight to head them, gave up this point.
The new doge, who had much contempt for popular government, and fome refentment for the
flight
64 Arijlocratical Republics.
flight oppofition he had met with, procured a law to be paffed, that all the members of the grand council mould hold their places for life, and tranfmit them to their pofterity, and that their elections by the people's electors fhould ceafe. This eftablifhment of a hereditary legiilative no- bility, no doubt fhocked the citizens in general, but chiefly thofe of ancient families, who were not at that moment members of the grand coun- cil ; to filence thefe, the molt powerful of them were received into the grand council, and others were promifed that they fhould be admitted 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, how- ever, fome time after, formed a plan, not to con- vene the people in a body, and new model the conftitution, but to affaffinate the doge and coun- cil all together. The plot, which was carried on by the plebeians, was discovered, and the chiefs executed. Another originated among 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 themfelves, and others of the moft diftinguifhed of thefe, who were not of the grand council, and had not been received afterwards according to promife. This produced a fkirmifh 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 diftinguifhed fami- lies. Thefe two confpiracies produced a council of ten, upon which were afterwards 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
Venice. 65
the 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 ; then five more for land affairs, and then five for fea affairs, in the room of whom, five young noblemen are now chofen every fix months, who attend, without a vote, for their education; to thefe were added the three chiefs of the criminal court, fi-om a jealoufy of the power of the college, which is both the cabinet council, and the reprefentative of the ftate, giving audience and anfwers to ambafTadors, to agents of towns, and generals of the army ; receives all petitions, fummons the fenate, and arranges its bufinefs.
There is one inftance of a doge's concerting a confpiracy, to make off the controul of the fenate ; but as it was an old man of fourfcore, whofe young wife, on whom he doated, was not treated with fufhcient refpect 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 malTacre the grand council ; and although he engaged in his defign fome of the higheft officers, and a large party, the plot was discovered, the doge himfelf tried, condemned and beheaded, as fo infamous a piece of mad villainy juftly deferved.
A punctual execution of the laws, is no doubt effential to the exiftence of this ftate, and there are ftriking inftances of perfons punifhing their neareft relations, with the moft unrelenting feve- rity; without this, the doge on one hand, or the people on the other, would foon think of an uni- on againft the ruling nobility. The ariftocracy is always fagacious, and knows the neceffity of a rigorous impartiality, in, order to preferve its
power,
66 Ariflocratical Republics.
power, and all the barriers we have defcribed have been erected for this purpofe : but all would be insufficient to reftrain their paffions, without the lions mouths and the State inquifitors ; thefe were engrafted on the council of ten. This terrible tribunal, is Sovereign in all crimes againft the ftate ; it confiSts often chofen yearly by the grand council ; the fix of the Seigniory 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 priSoner; who is clolely 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 Sufficient, and the ftate in- quifitors were erected in the beginning of the iix- teenth century. This tribunal conSiSts only of three perfons, all taken from the council of ten, 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 ; if they are unanimous, they may order a prifoner to be ftrangled in goal, or drowned in the canal, hanged in the night, or by day, as they pleafe ; if they are divided, the caufe mull 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 aristocracy.
Such
Venice. 67
Such are the happy effects of the fpirit of fa- milies, when they are not bridled by an executive authority, in the hands of a firft magiftrate on one hand, and by an aflfembly of the people in perlbn, or by adequate repreientation, on the other. Such are the bleflings which, in courfe of ages, fpring from a neglect in the beginning, to eftablifh. three orders, and a perfect balance be- tween them. There can be, in the nature of things, no balance without three powers. The ariftocracy is always more iagacious than an af- fembly of the people collectively, or by repre- fentation, and always proves an overmatch in po- licy, looner or later. They are always more cun- ning too than a firft magiftrate, 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 another. Thefe were all given to kings by the people, to defend them againft ariftocracies. The people have been ge- nerally of Mr. Turgot's mind, that balances, and different orders, wereunneceffary, and, harraf- fed to death with the domination of noble fa- milies, they have generally furrounded the thrones with troops, to humble them. They have fuc- ceeded fo far as generally to make the nobles de- pendent on the crown, but having given up the balance which they might have held in their own hands, they are ftill fubjedt to as much ariftocratical domination, as the crowns think proper to permit. In Venice, the ariftocratical paf- fion for curbing the prince and the people, has been carried to its utmoft length. It is aftonifh- Vol. I. I ing
68 Arijlocratical Republics.
ing to many, that any man will accept the office of doge. Thefe fagacious nobles, who always know at leaft the vices and weaknefTes of the hu- man heart better than princes or people, faw that there would be generally vanity enough in an in- dividual to flatter himlelf, that he had qualities to go through his adminiftration without incur- ring cenfure, and with applaufe ; and farther, that the frivolous diftinflion of living in the ducal palace, and being the firfr. man in the nation, though it were only t*he firft among equals, would tempt moil: men to rifque their lives and fortunes, and accordingly it has fo happened. There has been an uncommon folicitude all along to reftrain his power : this no doubt was to prevent him from a poffibility of negociating with the people againft 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 poffibility of applying to the doge for affi fiance. All this together would not however have fucceeded, if death, in the fhape of the inquihtion, had not been made to ftare both doge and people in the face, upon the firft thought of conferring together.
The nobles are divided into fix claffes. I. Twelve of the moft ancient families. 2. Four families that in the year 880 fubfcribed to the building of the abbey of St. George. 3. Thofe whofe names were written in the golden book, in 1296. 4. Thofe that were ennobled by the public in 1385. 5. Thofe who purehafed their nobility for one hundred thoufand ducats in 1646. And 6. The ftrangers who have been received into the number of nobility: the whole make about two thoufand five hundred.
There
Venice. 69
There are four councils : 1. The doge and fix fignoria. 2. The configlio grande, in which all the nobles have feats and voices. 3. Configlio de pregadi, of 250, and is the foul of the repub- lic. 4. Configlio proprio delli dieci — and the ftate inquifitors.
THE REPUBLIC OF THE UNITED PRO- VINCES OF THE LOW COUNTRIES.
Here were a Stadtholder, an affembly of the States General, a council of ftate : the Stadtholder hereditary had the command of armies and navies, and appointment of all officers, &c
Every province had an affembly belides, and every city, burgomafters, counfellors, and fche- pens or judges, befides an hooft officer, and his dienders, for the police.
The hiftory of this country, and its compli- cated conftitutions, affords an inexhauftible ftore of materials to our purpofe, but, confide ring the critical fituation of it, prudence dictates to pafs it over : with all the fagacity, and more wifdom than Venice or Berne, it has always had more coniideration of the people than either, and has given more authority to the firit magiftrate : they have never had any exclufive preferences of fa- milies or nobles. Offices have, by law at leafr, been open to all men of merit.
LETTER
70 Monarchical or regal Republics.
LETTER XX.
ENGLAND.
My dear Sir,
POLAND and England. The hiftories of thefe countries would confirm the general principle we contend for : the laft efpecially. But who can think of writing upon this fubjedt after De Lolme, whofe book is the ben" defence of the political balance of three powers that ever was written.
If the people are not equitably reprefented in, the houfe of commons, this is a departure in practice from the theory. — If the lords return members of the houfe of commons, this is an additional difturbance of the balance : whether the crown and the people in fuch a cafe will not fee the neceffity of uniting in a remedy, are queftions beyond my pretenfions : I only contend that the Englifh conflitution is, in theory, the moft ftupendous fabric of human invention, both for the adjuftment of the balance, and the prevention of its vibrations; and that the Americans ought to be applauded inftead of cenfured, for imitating it, as far as they have. Not the formation of lan- guages, not the whole art of navigation and fhip building does more honour to the human under- ilanding than this fyflem of government. The Americans have not indeed imitated it in giving a negative, upon their lcgiilature to the executive power; in this refpecl their balances are incom- plete, very much 1 confefs to my mortification : in other refpecls.. they have fomc of them fallen
fhort
England.
"6
7i
fhort of perfection, by giving the choice of fome militia officers, &c to the people— thefe are how- ever fmall matters at prefent. They have not made their firft magiftrates hereditary, nor their fenators : here they differ from the Englifh confu- tation, and with great propriety.
The Agrarian in America, is divided into the hands of the common people in every ftate, in fuch a manner, that nineteen twentieths of the property would be in the hands of the commons, let them appoint whom they could for chief ma- giftrate and fenators : the fovereignty then, in fac~t, as well as morality, muft refide in the whole body of the people ; and an hereditary king and nobi- lity, who mould not govern according to the public opinion, would infallibly be tumbled inftantly from their places, it is not only molt prudent then, but abfolutely neceiTary, to avoid continual violence, to give the people a legal, conftitutional, and peaceable mode of changing thefe rulers, whene- ver they difcover improper principles or difpofi- tions in them. In the prefent ftate of fociety, and with the prefent manners, this may be done, not only without inconvenience, but greatly for the happinefs and profperity of the country. In fu- ture ages, if the prefent ftates become great na- tions, rich, powerful, and luxurious, as well as numerous, their own feelings and good fenfe will dictate to them what to do : they may make tran- litions to a nearer refemblance of the Britifh con- futation, by a frefh convention, without the fmall- eft interruption to liberty. But this will never be- come neceflary, until great quantities of property mail get into few hands.
The truth is, that the people have ever go- verned in America : all the weight of the royal governors and councils, even backed with fleets
and
72 Monarchical Republics.
and armies, have never been able to get the ad- vantage of them, who have always flood by their houfes of reprefentatives in every mftance, and carried all their points ; and no governor ever flood his ground againfta reprefentative affembly ; as long as he governed by their advice he was happy ; as foon as he differed from them he was wretched^ and foon obliged to retire.
LETTER XXI.
POLAND.
My Dear Sir,
TH E king of Poland is the firft magiflrate in the republic, derives all his authority from the nation. — He has not the power to make laws, raife taxes, contract alliances, or declare war, nor to coin money, nor marry, without the ratification of the diet.
The fenate is compofed of the clergy and no- bility ; the third eflate, or people, is not fo much as known. The grand marfhal, the marfhal of the court, the chancellor, vice chancellor, and the treafurer, are the firft fenators.
The nobility, or gentry, pofTefs the dignities and employments, in which they never permit ftrangers, or the commonality, to have any partici- pation : they elect their king, and would never fuffer the fenate to make themielves mailers of this election. The peafants are flaves to the gentry ; having no property, all their acquifitions are made for their mailers, and are expofed to all their paf- fions, and are opprcffed with impunity.
The
Poland. 73
The general diets, which are ufually held at Warfaw or Grodno, are preceded by particular affemblies of palatinates, in which the deputies are chofen for the general affembly, and inftruc~t- ed : the deputies affembled in general diet, pro- ceed to the election of a marfhal, who has a very extraordinary power, that of impofing filence on whom he pleaies ; he is the chief or fpeaker of the affembly.
At the death, abdication, or depolition of a king, the primate calls the affembly of the elec- tors to an open field near Warfaw. Here "the electors take an oath, not to feparate until they fhall have unanimoufly elecled a king, nor to render him when elected any obedience, until he has fworn to obferve the Pada Conventa, and the laws.
The candidates mull let their gold glitter, and give fplendid entertainments, which mufl be car- ried into debauch : the nobility are captivated, with the attractions of magnificence and Hunga- rian wine, and infallibly declare in favour of the candidate who caufes it to flow in the greateft profufion. The ambaffadors enter upon intrigues, even in public : the nobility receive their prefents, fell their fuffrages with impunity, and render the throne venal, but often behave with little fidelity to the candidate in whole intereil they pretend to be engaged, and, forgetting the prefents they have received, efpoufe the caufe of a more wealthy competitor without hefitation. When the candi- date has gained all the fuffrages, he is declared king, and fworn to obferve the Pad a Conventa, and the laws, and then crowned. The Poles are polite and friendly, but magnificence is the foible of the nobility, and they facrifice all things to luxury : as they feldom fee any perfon fuperior to
them
^4 Monarchical Republics.
them in their own country, and treat their infe- riors with an air of abfolute authority, they live in all the lplendor of princes. This is the account of the Abbe des Fontaines in the year 1736; it is to be hoped things have fince changed for the better, but if this account was then true, who can wonder at what has happened fince.
Here again is no balance ; a king, and an affem- bly of nobles, and nothing more : the nobles here difcover their unalterable difpofition, whenever they have the power, to limit the king's authority; and there being no mediating power of the people, collectively or reprefentatively, between them, the confequence has been, what it always will be in fuch a cafe, confuiion and calamity.
LETTER XXII.
POLAND.
My dear Sir,
SINCE the letter concerning Poland was fent you, Mr. Coxe's travels into that kingdom, &c. have fallen into my hands : and they con- tain fo many facts material to our argument, that it is very proper to fend you the fubitance of this account ; indeed there is fcarcely a book in the world, in any manner relative to the hiftory of government, or to thofe branches of philofophy on which it depends, which is not much to our purpofe.
In the moft ancient times, which records or hiftory elucidate, the monarchy of Poland, like
all
Poland.
IS
all others denominated feudal, was in theory, and pretenfion, abfolute. The barons too, in this country, as in all others, were very often impa- tient under fuch reftraint. When the prince was an able ftatefman and warrior, he was able to preferve order ; but when he was weak and indo- lent, it was very common for two or three barons in conjunction to make war upon him; and fome- times it happened that all together leagued againft him at once. In every feudal country, where the people had not the fenfe and fpirit to make them- felves of importance, the barons became an arif- tocracy, inceifantly encroaching upon the crown, and, under pretence of limiting its authority, took away from it one prerogative after another, until it was reduced down to a mere doge of Ve- nice, or avo)7er of Berne; until the kings, by in- corporating cities and granting privileges to the people, fet them up againft the nobles, and ob- tained by their means (landing armies, fufficient to controul both nobles and commons.
The monarchy of Poland, nearly abfolute, funk in the courfe of a few centuries, without any violent convulfion, into an ariftocracy.
It came to be difputed whether the monarchy was hereditary or elective, and whether its autho- rity was fovereign or limited. The firft queftion is refolved, by iuppofing that the crown continu- ed always in the fame family, although, upon the death of a king, his fucceiTor was recognized in an affembly of the nobles. The fecond, may be anfwered by Iuppofing, that when the king was aflive and capable, he did as he pleafed ; but when he was weak, he was dictated to by a licentious nobility. Caffimir the Great retrenched the authority of the principal barons, and granted immunities to the leffer nobility and
Vol. I. K gentry;
76 Monarchical Rep uhlics.
gentry ; well aware that no other expedient could introduce order, except a limitation of the vaft influence, poffefTed by the Palatines or principal nobility. If this prince had been pofTeiTed of any ideas of a free government, he might eafily have formed the people and inferior gentry into an af- fembly by themfelves, and, by uniting his power with theirs, againft the encroachments of the no- bles upon both, have preferved it. His nephew, Louis of Hungary, who fucceeded him, being a foreigner, was obliged by the nobility to fubfcribe conditions at his acceflion, 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 mould revert to the nobles. In confequence of this agreement Louis was allowed to afcend the throne : having no fon, with a view of infur- ing the fucceffion to Sigifmund his fon-in-law, he promifed to diminifh the taxes, repair the for- treffes at his own expence, and to confer no offices or dignities on foreigners.
Louis died : but Sigifmund was emperor, and therefore powerful, and might be formidable to the new immunities. The Poles, aware of this, violated the compact with Louis, neglected Sigif- mund, and elected Ladiflaus, upon his ratifying Louis's promifes, and marrying his daughter.
Ladiflaus, having relinquished the right of im- pofmg taxes, called an aflembly of prelates, ba- rons, and military gentlemen, in their reipective provinces, in order to obtain an additional tribute. Thefe provincial affemblies gave birth to the Die- tines ; which now no longer retain the power of raifmg money in their feveral diftricts, but only elect the nuncios or representatives for the diet.
Ladillaus
Poland. 77
Ladiflaus the third, the fon of the former, purchafed his right to the fucceffion, during the life of his father, by a confirmation of all the conceflions before granted, which he folemnly ra- tified at his acceflion. Caffimir the third, bro- ther of Ladiflaus 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 general diet, befides the Palatines and other principal barons, a certain number of nuncios or reprefentatives, chofen by the nobles and burghers. Is it not ridiculous, that this reign fhould be confidered by the popu- lar party, as the sera, at which the freedom of the conftitution was permanently eftablifhed ? This freedom, which confifts in a king without autho- rity; a body of nobles in a ftate of uncontrouled anarchy ; and a peafantry groaning under the yoke of feudal defpotifm; the greateft inequality of fortune in the world ; the extremes of riches and poverty, of luxury and mifery, in the neighbour- hood of each other; an univerfal corruption and venality pervading all ranks : even the firft no- bles not blufhing to be penfioners of foreign courts; one profefling himfelf publicly an Aus- trian, another a Pruflian, a third a Frenchman, and a fourth a Ruffian; a country without manu- factures, without commerce, and in every view the moft diftreffed in the wopld. — But to proceed, with an enumeration of the meafures by which they have involved themfelves in thefe pitiable circumflances :
Caffimir was involved in feveral unfuccefsful wars, which exhaufted his treafures : he applied to the diet for fubfidies.
Every
78 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 vaiTals, 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- ing the nobles to his ftandard, and of enacting any law without the concurrence of the diet. John Albert, to procure an election in preference to his elder brother, affented to all the immunities extorted from his predeceffors, and fwore to their obfervance, in 1469. Alexander, his fucceffor, declared in 1505, the following limitations of fovereign authority to be fundamental laws of the kingdom. 1. The king cannot impofe taxes. 2. He cannot require the feudal fervices. 3. Nor alienate the royal domains. 4. Nor enact laws. 5. Nor coin money. 6. Nor alter the procefs in the courts of juftice. Sigifmund the firft, fuc- ceeded Alexander, and under his reign the Polifh conftitution was the moll tolerable, as the pro- perty of the fubject was beft fecured,andthe crown had confiderable influence : but this did not fa- tisfy the nobles. Under Sigifmund Auguftus, fon and fucceffor of Sigifmund the firft, that fa- vourite object of the Polifh nobles, the free elec- tion of the king, was publicly brought forward, and the king obliged to agree, that no future monarch mould fucceed to the throne, unlefs freely elected by the nation : before this, the fo- vereigns upon their acceffion, though formally raifed by the confent of the nation, ltill refted their pretenfions upon hereditary right, always ilyling themfelves heirs of the kingdom of Poland. Sigifmund Auguftus was the lail who bore that title; at his death, in 1572, all title to the crown
from
Poland. 79
from hereditary right was formally abolifhed, and the abfolute freedom of election eftablifhed upon a permanent bafis : a charter of immunities was drawn up at a general diet, a ratification of which it was determined to exact of the new lbvereign, prior to his election. This charter, called pafla conventa., contained the whole body of privileges obtained from Louis and his fuccelTors, with the following additions : i. That the king mould be elective, and that his fuccefTor mould never be appointed during his life. 2. That the diets, the holding of which depended folely upon the will of the king, mould be afTembled every two years. 3. That every nobleman or gentleman in the realm mould have a vote in the diet of elec- tion. 4. That in cafe the king mould infringe the laws and privileges of the nation, his fubjedts fhould be abfolved from their oaths of allegiance. From this period the patla conventa, occasionally enlarged, have been confirmed by every fovereign at his coronation.
Henry of Valois, brother of Charles the ninth of France, who afcended the throne after the conftitution was thus new modelled, fecured his election by private bribes to the nobles, and by itipulating an annual peniion to the republic from the revenues of France. His example has been followed by every fucceeding king, who, befides an unconditional ratification of the pacta conven- ta, has always been confrrained to purchafe the crown by a public largefs, and private corruption. Such is Polifh liberty, and fucn the bleflings of a monarchy elective by a body of nobles.
Under Stephen Bathori, the royal authority, or rather the royal dignity, was farther abridged, by the appointment of fixteen fenators, chofen at each diet, to attend the king, and to give their
opinion
80 Monarchical 'Republics.
opinion in all matters of importance, fo that he could not ilTue any decree without their confent. Another fatal blow was given to the prerogative in 1578, by taking from the king the fupreme jurifdi&ion of the caufes of the nobles : it was enadled, that without the concurrence of the king, each palatinate fhould ele£t in their dietines their own judges, who fhould form fupreme courts of juftice, called tribunalia regni, in which the caufes of the nobles fhall be decided without appeal, a mode which prevails to this day.
In the reign of John Caflimir, in 1652, was introduced the liberum veto, or the power of each nuncio to interpofe a negative, and break up a diet, a privilege which the king himfelf does not enjoy. When the diet was debating upon tranfadlions of the utmoft importance, which required a fpeedy decifion, a nuncio cried out, " I flop the pro- " ceedings," and quitted the affembly : and a venal faction, who fupported his proteft, 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 faction. The innovation was fupported by the great officers of ftate, the general trea- furer, and marfhal, 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 inquiry into their adminiftration ; it was alfo fupported by the adherents of many nobles accufed of capital crimes before the diet, the only tribunal before which they could be tried : all the nuncios who oppofed the railing of additional fubfidies by taxes, which the exigencies of the ftate then demanded, feconded the propofal of putting an end to the affembly. 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, they 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 Caffimir, four under Michael, fe- ven under John Sobiefki, and thirty during the reigns of the two Augufti. In confequence of this neceffity of unanimity, which they call the deareft Palladium of Polifh liberty, Poland has continued above a hundred years almoft without laws.
But as the king ftill beftowed the ftarofties, 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 eftablifhment of the permanent council.
Thus it appears in the hiftory of Poland, as 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 direct ariftocracy, under a mo- narchical name, where a few are above the con- troul of the laws, while the many are deprived of their protection.
The prefent wretched ftate of the towns, com- pared with their former flourifhing condition; the poverty of the peafants, whofe oppreflions have increafed in proportion to the power of the nobles, having loft a protector when the king
loft
82 Monarchical or regal Republics*
loft his weight in the conftitution ; the total con- fufion in all public affairs; the declenfion of im- portance, and lofs of territory — all fhew that ab- solute 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 effects of collecting all authority into one centre, of neglecting an equilibrium of powers, and of not having three branches in the legiflature.
The practice of cantoning a body of foldiers near the plain were the kings are elected, has been adopted by feveral foreign powers for near a century; and, although it may be galling to the nobility, prevents the effulion of blood that for- merly deluged the affembly. This was done, at the election of Staniflaus Auguftus, by the em- prefs of Ruffia and the king of Pruffia ; five thouiand 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 increafed 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 ambaffador from Petersburg, 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- cretly encouraged by Auftria, affifted by the Turks, and fupplied with money and officers by the French, were able to protract hoftilities from 1768 to 1772: during this period the attempt was made to aflaffinate 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 difhonour. No good caufe ever was, or ever will be, ferved by affaffi- . nation; and this is happily, in the prefent age, the univerfal fenfe of mankind. If a papal nun- cio was found in Poland, capable of bleffing the weapons of confpirators againft this tolerant king, he was a monfter, whofe bloody bigotry the libe- ral fpirit of the Pope himfelf mull, at this en- lightened period, abominate. The king did him- felf 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 affem- bly — The Partition.
Pruffia was formerly in a ftate of vafTalage to this republic; Ruffia once faw its capital and throne polTefTed by the Poles ; and Auftria was indebted to John Sobiefki, a ibvereign of this country, for compelling the Turks to raife the fiege of Vienna, but a century ago. A republic fo lately the protector of its neighbours, would not, without the moft palpable imperfections in
Vol. I. L the
84 Monarchical or regal Republics.
the orders and balances of its government, have declined in an age of general improvement, and become a prey to any invader — much lei's would it have forced the world to acknowledge, that the translation 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 blefTmg to them. The partition was projected by the king of Pruf- iia, who communicated it to the emperor and em- prefs. The plague was one circumftance, and the Ruffian war againft the Turks another, that favoured the defign ; and the partition-treaty was figned at Petersburg, in February 1772, by the Ruffian, Auftrian, and Pruffian plenipotentiaries. The troops of the three courts were already in poffeffion of the greateft part of Poland, and the Confederates were loon difperfed. The par- titioning powers proceeded with fuch fecrecy, that only vague conjectures were made at Warfavv, and that lord Cathcart, the Englifh miniiter at Peterfburg, obtained no authentic information of the treaty until two months after its fignature. The formal notification, to the king and fenate at Warfavv, was made by the Imperial and Pruf- fian ambaffadors, in September 1772, of the pre- tenfions of their courts to the Polifh territory. The remonstrances of the king and fenate, as well as thofe of the courts of London, Paris, Stock- holm, and Copenhagen, had no effect ; and the moil humiliating record, that ever appeared in the annals of a republic, is feen in the king's fummons — " 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. 8.5
ri for the 19th of April, 1773, according to the " will of the three courts ; neverthelefs, in order " to avoid all caufe of reproach, the king, with " the advice of the fenate, again appeals to the tc 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 authority of a ftadtholder, he would have laid, * 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 moft commercial, commanding the navigation of the Viftula, con- tains only eight hundred and fixty thoufand, and has given a fatal blow to the commerce of Po- land, by transferring it from Dantzic to Memel and Konigfburg.
The finifhing ftroke of all remains. —
The three ambafTadors, on the 13th of Septem- ber, 1773, delivered, " A part of thofe cardinal " laws, to the ratification of which our courts " will not fuffer any contradiction.
" I. The crown of Poland mail be for ever " elective, and all order of fucceflion proicribed : u any perfon who mail endeavour to break this " law mall 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, cc fhall be excluded ; and it mall be enacled, u 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 i( poffefling land within the kingdom. The fon,
" or
86 Monarchic ah or regal Republics.
" or grandfon, of a king of Poland, cannot be " elected immediately upon the death of their " father or grandfather; and are not eligible, li excepting 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 ftri<5t execution of its laws, <c and the equilibrium of the three eftates, viz. cc the king, the fenate, and the equeflrian order, " a permanent council fhall be eltablifhed, in 'c which the executive power fhall be veiled. In te this council the equeltrian 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 ar- " rangements."
Thus the fupreme legiilative authority refides in the three eftates of the realm, the king, the fenate, and equeltrian order, aiTembled 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 (till govern, without any effectual controul.
The executive power is now veiled 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 aujnift lesiflators have acknowledged the principle of a free republican government, that it conhns in a ftri& execution of the laws, and an equilibrium of eftates or orders : but how are the laws to govern ? and hew is the equili* biiuni to be preferred? Like air, oil, and water,
ftiaken
Poland. $7
fhaken together in one bottle, and left in repofe ; the firfi: will rile to the top, the laft fink to the bottom, and the feeond 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- dictor}^ 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 greater!: bleffing which mortals can afpire to. Republics which are not free, by the help of a multitude of ri- gorous checks, in very fmall ftates, and for fhort fpaces of time, have preferred fome reverence for the laws, and been tolerable ; but there have beea 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 characteriftic 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 king ; and if ever there fhould be a king in reality, as well as in name, there will foon be a people : for, inftead of the trite faying, " no bifhop, no king," it would be much more exact and important truth to fay, no peo- ple, no king, and no king, no people, meaning by the word king, a firft magiftrate pofTeffed ex- clufively of the executive power. It may be laid down as an univerfal maxim, that every govern- ment that has not three independent branches in its legiflature will foon become an abfolute mo- narchy ; or, an arrogant nobility, increafmg eve- ry day in a rage for fplendor and magnificence, will annihilate the people, and, attended with
their
88 Monarchical or regal Republics.
their horfes, hounds, and vaffals, 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 molt fe- verely this want of a people. In his obfervations on the government of Poland, publifhed in the OEuvres du Philofophe bienfaifant, torn. iii. he la- ments, in very pathetic terms, the miferies to which they were reduced.
" The violences," fays he, " which the patri- " cians at Rome exercifed over the people of that <e city, before they had recourfe to open force, " and, by the authority of their tribunes, balanc- " ed the power of the nobility, are a ftriking pic- " ture of the cruelty with which we treat our tl plebeians. This portion of our Hate is more li debafed among us than they were among the «' Romans, where they enjoyed a fpecies of li- " berty, even in the times when they were mod: " enflaved to the firft order of the republic. <c We may fay with truth, that the people are, " in Poland, in a Hate of extreme humiliation. " We mult, neverthelefs, confider them as the " principal fupportof the nation ; and I am per- <l fuaded, that the little value we let on them " will have very dangerous confequences.- — Who <c are they* in fa6t, who procure abundance in <c the kingdom ? who are they that bear the bur- " thens, and pay the taxes ? who are they that <c furnifh men to our armies ? who labour our u fields? who gather in the crops? who fuftain " and nourifh us ? who are the caufe of our inac- <c tivity ? the refuge of our lazinefs ? the refource " for our wants? the fupport of our luxury? " and indeed the fource of all our pleafures ? " Is it not that very populace that we treat with
u fo
Poland. 89
" fo much rigour ? Their pains, their fweat, " their labours, do not they merit any bet- " ter return than our fcorn and difdain? We " fcarcely diftinguifh them from the brutes, " which they maintain for the cultivation of our " lands ! we frequently have lefs confideration " for their ftrength, than we have for that of iC thofe animals ! and too frequently we fell them « to mafters as cruel as ourfelves, who iramc- « diately force them, by an excefs of hard la- « bour, to repay the price of their new flavery ? « I cannot recollect 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 <c the creation of man, gave him liberty — what ct right have we to deprive him of it ? As it is iC natural to make off a yoke that is rough, hard, " and heavy, may it not happen that this people « may make an effort to wreft themfelves from u our tyranny ? Their murmurs and complaints " muft, fooner or later, lead to this. Hitherto, " accuflomed to their fetters, they think not of " breaking them ; but let one lingle man arile, " among thefe unfortunate wretches, with a mai- " culine and daring fpirit, to concert and foment " a revolt, what barrier fhall we oppofe to the " torrent ? We have a recent inftance, in the " infurreclion in the Ukraine, which was only " occafioned by the vexations of thofe among us " who had there purchafed lands. We defpifed :c 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 t( 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 ftate " of brutes, they drag out their days in a lazy " ftupidity, which one would almoft miftake for a " total want of fentiment : they love no art, they " value themfelves on no induftry ; they labour " no longer than the dread of chaftifement forces " them ; convinced that they cannot enjoy the " fruit of their ingenuity, they ftifle their ta- 11 lents, and make no effays to difcover them. — tc Hence that frightful fcarcity in which we find " ourfelves of the moft common artifans ! Should " we wonder that we are in want of things the *c 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 Avhole ; but it is too long. It is a pity that the whole people, whofe mifery he defcribes and laments, were not as fenfible of the neceffity of a lefs cir- cumfcribed royal authority.
LETTER
Recapitulation. 91
LETTER XXIII.
RECAPITULATION.
\
My dear Sir,
AS we have taken a curfory view of thofe countries in Europe, where the government may be called, in any reafonable conftru&ion of the word, republican ; let us now paufe a few moments, and reflecl: upon what we have feen.
Among every people, and in every fpecies of republics, we have conftantly found a firjl magif irate, a head, a chief, under various denominations indeed, and with different degrees of authority, with the title of ftadtholder, burgomafter, avoyer, doge, confalloniero, preiident, fyndic, mayor, al- calde, capitaneo, governor, or king : in every na- tion we have met with a diitinguifhed officer : if there is no example in any free government, any more than in thofe which are not free, of a focie- ty without a principal perfonage, we may fairly conclude, that the body politic cannot fubfift without one, any more than the animal body with- out a head. If Mr. Turgot had made any disco- very, which had efcaped the penetration of all the legiflators and philofophers, 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, wc may fafely conclude that he had none ; and there- fore, that the Americans are not juftly liable to cenlures, for inftituting governors.
Vol. I. M In
92 Recapitulation.
In every form of government, we have feen a fenate, or little council, a compofition, generally, of thofe officers of ftate, who have the moft expe- rience and power, and a few other members fe- ledted from the higheft ranks, and molt illuftrious reputations. On thefe lefTer councils, with the firft magiftrate at their head, generally refts the principal burden of adminiftration, a fhare in the legiilative, as well as executive and judicial au- thority of government. The admiffion of fuch fenates to a participation of thefe three kinds of power, has been generally obferved to produce in the minds of their members an ardent ariftocrati- cal ambition, grafping equally at the prerogatives of the hrft 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 legiila- 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 confin- ed their fenates to the legiilative power, have done wifely in adopting them.
We have feen, in every inftance, another and a larger afXembly, compofed 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 fuppoied to reprefent the people, in a third fort ; and of peribns ap- pointed by themfelves or the lenate, in certain ariftocracies; to prevent them from becoming oligarchies. The Americans then, whole afTem- blies arc the molt adequate, proportional, and equitable reprefentations of the people, that are
known
Recap it illation . 93
known in the world, will not be thought erroneous in appointing houfes of reprefentatives.
In every republic, in the fmallefi and mod po- pular, in the larger and more ariftocratieaL, as well as in the largeft and moil monarchical, we have obferved a multitude of curious and inge- nious inventions to balance, in their turn, all thofe powers, to check the paffions peculiar to them, and to controul them from rufhing into thofe exorbitancies to which they are mod ad- dicted— the Americans will then be no longer cenfured for endeavouring to introduce an equi- librium, which is much more profoundly medi- tated, and much more effectual for the protection 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 diftin&ions. In America, there are different orders of ojices, 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 leiTer nobility — Why then are they accufed of eftablifhing different orders of men ? ' To our inexpreffible 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 inacceifible mountains, among rocks and precipices, in territories fo narrow that you may fpan them with an hand's breadth, where, living unenvied, in extreme poverty, chiefly upon paf- turage, deftitute of manufactures and commerce, they ftill exhibit the moft charming piclure of life, and the moft dignified character of human nature.
Wherever
94 Recapitulation.
Wherever we have feen a territory fomewhat larger, arts and fciences more cultivated, com- merce flourishing, or even agriculture improved to any great degree, an ariftocracy has rifen up in a courfe of time, confifling of a few rich and honourable families, who have united with each other againft both the people and the firit magis- trate ; 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 Strong attachment to their rulers, as to believe and con- fefs them a fuperior order of beings.
We have feen thefe noble families, although neceffitated to have a head, extremely jealous of his influence, anxious to reduce his power, and conffrain him to as near a level with themfelves as polfible ; always endeavouring to eftablifh a rotation by which they may all equally in turn be entitled to the pre-eminence, and equally anxious to preferve to themfelves as large a fhare of power as poffible in the executive and ju- dicial, as well as the legiilative departments of the Hate.
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 inquisition, to guard againft the fin that fo cafily 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 diftincl Separation of the legiflative from the txecutive power, and of the judicial from both,
or
'Recapitulation. 9*
or in which any attempt has been made to balance thefe powers with one another, or to form an equilibrium between the one, the few, and the many, for the purpofe of enabling and executing 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-