John Adams - Defence of the Constitutions of Government of the United States of America, VOL 1

7/30/2019 John Adams - Defence of the Constitutions of Government of the United States of America, VOL 1

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GIFT OFSEELEY W. MUDD

andGEORGE I. COCHRAN MEYER ELSASSERDR. JOHN R. HAYNES WILLIAM L. HONNOLDJAMES R. MARTIN MRS. JOSEPH F.SARTORI

to the

UNIVERSITY OF CALIFORNIASOUTHERN BRANCH

JOHN FISKE


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tfNlVEttSITY of CALTFOTOfl*ATLOS ANGELESLIBRAKY


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Digitized by the Internet Archivein 2007 with funding fromMicrosoft Corporation

http://www.archive.org/details/defenceconstitut01adamiala


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DEFENCEOF THECONSTITUTIONS of GOVERNMENT

OF THEUNITED STATES of AMERICA.

B v JOHN ADAMS, LL. D.fiW A MIMBIR OF TBI ACADEMY OF ARTS AND SCIENCESAT BOSTON.

A'l nature's difference keeps all nature's peace. Port.

LONDON:PRINTED FOR C. DILLY, IN THE P0ULTR7W.PCC.I.XXXVIJ.


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PREFACE.THE arts and fciences, in general, duringthe three or four laft centuries, have had aregular courfe of progreflive improvement. Theinventions in mechanic arts, the difcoveries in na-tural philofophy, navigation, and commerce, andthe advancement of civilization and humanity,have occafioned changes in the condition of the

world, and the human character, which wouldx> have aftonifhed the mod refined nations of anti-

quity. A continuation of fimilar exertions isevery day rendering Europe more and more Jikeone community, or fingle family. Even in the

o theory and practice of government, in all the Am-ple monarchies, confiderable improvements havebeen made. The checks and balances of re-

c publican governments have been in fome degreeeo adopted by the courts of princes. By the cree-ls tion of various tribunals, to regifter the laws,

and exercife the judicial powerby indulging thepetitions and remonftrances of fubjects, until byhabit they are regarded as rightsa controul hasbeen eftablifhed over minifters of ftate, and theroyal councils, which approaches, in fome de-gree, to the fpirit of republics. Property is ge-nerally fecure, and perfonal liberty feldom in-vaded. The prefs has great influence, even where

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ii Preface.it is not exprefsly tolerated ; and the public opi-nion muft be refpected by a minifter, or his placebecomes infecure. Commerce begins to thriveand if religious toleration were eftablilhed, andperfonal liberty a little more protected, by givinganabfolute right to demand a public trial in acertain reafonable timeand the ftates inveiledwith a few more privileges, or rather reftored tofome that have been taken awaythefe govern-ments would be brought to as great a degree ofperfection, they would approach as near to thecharacter of governments of laws and not of men,as their nature will probably admit of. In fo ge-neral a refinement, or more properly reformationof manners and improvement in knowledge, is itnot unaccountable that the knowledge of theprinciples and conftruction of free governments,in which the happinefs of life, and even the fur-ther progrefs of improvement in education andfociety, in knowledge and virtue, are fo deeplyinterefted, mould have remained at a full ftandfor two or three thoufand years ?According to aftory in Herodotus, the nature of monarchy, ari-ftocracy, and democracy, and the advantages andinconveniences of each, were as well underftood atthe time of the neighing of the horfe of Darius,as they are at this hour. A variety of mixturesof thefe fimple fpecies were conceived and at-tempted, with different fuccefs, by the Greeksand Romans. Reprefentations, inftead of collec-tions, of the people a total feparation of the

executive


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Preface', lit

executive from the legiflative power, and of thejudicial from bothand a balance in the legifla-ture, by three independent, equal branchesareperhaps the three only difcoveries in the confti-tution of a free government, fince the inftitutionof Lycurgus. Even thefe have been fo unfortu-nate, that they have never fpread : the firft has beengiven up by all the nations, excepting one, whohad once adopted it; and the other two, reduced topractice, if not invented, by the Englifh nation,have never been imitated by any other except theirown defcendants in America. While it would berafli to fay, that nothing further can be done to

' bring a free government, in all its parts, (till nearerto perfectionthe reprefentations of the peopleare mod obvioufly fufceptible of improvement.The end to be aimed at, in the formation of a re*prefentative aflembly, feems to be the fenfe of thepeople, the public voice : the perfection of theportrait 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 fhould not be fo longthat the deputy mould have time to forget theopinions of his constituents. Corruption in elec-tions is the great enemy of freedom. Among theprovifions to prevent it, more frequent elections,and a more general privilege of voting, are not allthat might be deviled. Dividing the diftricts,diminifhing the diftance of travel, and confiningthe choice to refidents, would be great advances

a 2 toward s


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v Preface'.towards the annihilation of corruption. Themodern arifloeracies of Holland, Venice, Berne,&c. have tempered themfelves with innumerablemultitudes of checks, by which they have givena great degree of (lability to that form of govern-ment : and though liberty and life can nev? r bethere enjoyed fo well as in a free republic, none isperhaps more capable of profound fagacity. Wefhall learn to prize the checks and balances of afree government, and even thofc of the modernarifloeracies, if we recollect the miferies of Greecewhich arofe from their ignorance of them. Theonly balance attempted againft the ancient kingswas a body of nobles , and the confequences wereperpetual altercations of rebellion and tyranny,and butcheries of thoufands upon every revolutionfrom one to the other. When the kings wereabolifhed, the arifloeracies tyrannized j and thenno balance was attempted but between ariflo-cracy and democracy. This, in the nature ofthings, could be no balance at all, and thereforethe pendulum was for ever on the fwing. It isimpoflible to read in Thucidydes, lib. iii. his ac-count of the factions and confufions throughoutall Greece, which were introduced by this wantt>f an equilibrium, without horror. During thefew days that Eurymedon, with his troops, conti-nued at Corcyra, the people of that city extendedthe mafTacre to all whom they judged their ene-mies. The crime alleged was, their attempt tooverturn the democracy. Some perimed merely

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Preface. vthrough private enmity , fome, for the moneythey had lent, by the hands of the borrower.Every kind of death, every dreadful ad, wasperpetrated. Fathers flew their children ; fomewere dragged from altars, fome were butcheredat them ; numbers, immerfed in temples, wereftarved. The contagion fpread through the wholeextent of Greece : factions raged in every citythe licentious many contending for the Athenians,and the afpiring few for the Lacedaemonians.The confequence was, feditions in cities, with alltheir numerous and tragical incidents. Suchthings ever will be, fays Thucidydes, fo long ashuman nature continues the fame. But if thisnervous hiftorian had known a balance of threepowers, he would not have pronounced the dif-temper fo incurable, but would have added -flong as parties in cities remain unbalanced. HeaddsWords loft their fignification : brutal rafh-nefs was fortitude , prudence, cowardice ; modef-ty, effeminacy , and being wife in every thing, tobe good for nothing : the hot temper was manlyvalour , calm deliberation, plaufible knavery ; hewho boiled with indignation, was trustworthy ;and he who prefumed to contradid, was ever fuf-pected. Connection of blood was lefs regardedthan tranfient acquaintance : afibciations werenot formed for mutual advantage, confident withlaw, but for rapine againll all law: truft was onlycommunication of guilt : revenge was more va-lued, than never to have fuffered an injury : per-

a 7 juries


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vi Preface.juries were mafter-pieces of cunning , the dupe*only blufhed, the villains moft impudently tri-umphed. The fource of ail thefe evils is a thirftof power, from rapacious or ambitious paffions.The men of large influence, fome contending forthe juft equality of the democratical, and othersfor the fair decorum of ariftocratical government,by artful founds, embarraffed 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 orthe public welfare, was meafured only by fuch re-taliation as was judged the fweeteftby capitalcondemnations, by iniquitous fentences, and byglutting the prefent rancour of their hearts withtheir own hands. The pious and upright conductwas on both fides difregarded : the moderatecitizens fell victims to both. Seditions introduc-ed every fpecies of outrageous wickednefs into theGrecian manners. Sincerity was laughed out ofcountenance : the whole order of human lifewas confounded : the human temper, too apt totranfgrefs in fpite of laws, now having gain-ed the afcendant over law, feemed to glory thatit was too ftrong for juftice, and an enemy to allfuperiority.Mr. Hume has collected, from Dio-dorus Siculus alone, a few maffacres which hap-pened in only fixty of the moft polifhed years ofGreece:From Sybaris 500 nobles banifhed ; ofChians, 600 citizens j at Ephefus, 340 killed,1000 banifhed j of Cyrenians, 500 nobles killed,

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Preface. viiall the reft banifhed ; the Corinthians killed120, banifhed 500 ; Phsebidas banifhed 300Boeotians. Upon the fall of the Lacedaemonians,democracies were reftored in many cities, andfevere vengeance taken of the nobles : the ba-nifhed nobles returning, butchered their adverfa-ries at Phials, in Corinth, in Megara, in Phliafia,where they killed 300 of the people ; but thefeagain revolting, killed above 600 of the nobles,and baniihed the reft. In Arcadia, 1400 ba-nifhed, befides many killed : the banifhed retiredto Sparta and Pallantium ; the latter were deli-vered up to their countrymen, and all killed.Of the banifhed from Argos and Thebes, therewere 509 in the Spartan army. The people, be-fore the ufurpation of Agathocles, had banifhed600 nobles; afterwards that tyrant, in concurrencewith the people, killed 4000 nobles, and banifhed6000 , and killed 4000 people at Gela : hisbrother banifhed 8000 from Syracufe. The in-habitants of iEgefta, to the number of 40,000,were killed, man, woman, and child, for the fakeof their money : all the relations of the Libyanarmy, fathers, brothers, children, killed : 7000exiles killed after capitulation. Thefe num-bers, compared with the population of thofecities, are prodigious ; yet Agathocles was a manof character, and not to be iufpe&ed of cruelty,contrary to the maxims of his age: fuch were thefafhionable outrages of unbalanced parties.

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viii Preface.In the name of human and divine benevolence,

is fuch a fyftem as this to be recommended toAmericans, in this age of the world ? Human na-ture is as incapable now of going through revo-lutions with temper and fobriety, with patienceand prudence, or without fury and madnefs, as itwas among the Greeks fo long ago. The lateftrevolution that we read of was conducted, at leafton one fide, in the Grecian ftyle, with laconicenergy , and with a little attic fait; at leaft, withouttoo much patience, forefight, and prudence, onthe other.Without three orders, and an effec-tual balance between them, in every American con-flitution, it muft be deftined to frequent unavoid-able revolutions : if they are delayed a few years,they muft come, in time. The United States arelarge and populous nations, in comparifon of theGrecian commonwealths, or even the Swifs can-tons i and are growing every day more difpropor-tionate, and therefore lefs capable of being heldtogether by fimple governments. Countries thatincreafe in population fo rapidly as the States ofAmerica did, even during fuch an impoverifhingand deftruclive war as the laft was, are not to bebound long with filken threads : lions, youngor old, will not be bound by cobwebs.It wouldbe better for America, it is neverthelefs agreed, toring all the changes with the whole let of bells,and go through all the revolutions of the Grecianftates, rather than eftablifh an abiblute monarchyamong them, notwithftanding all the great and

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Preface, ixreal 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, eventhe moft democratical, are fupported by a fubor-dination of offices, and of ranks too. None everexifted without it but in a ftate of anarchy andoutrage, in a contempt of law and juftice, no bet-ter than no government. But the nobles, in theEuropean monarchies, fupport them more byoppofing than promoting their ordinary views.The kings are fupported by their armies : thenobles fupport the crown, as it is in full poiTefiionof the gift of all employments ; but they fupportit ftill more by checking its minifters, and pre-venting them from running into abufes of power,and wanton defpotifm : otherwife the people wouldbe pufhed to extremities and infurre&ions. It isthus that the nobles reconcile the monarchical au-thority to the obedience of the fubjects , but takeaway the (landing armies, and leave the nobles tothemfelves, and they would overturn every mo-narchy in FAirope, in a few years, and erect arifto-cracies.

It is become a kind of fafhion amongwriters, to admit, as a maxim, that if you couldbe always fure of a wife, active, and virtuousprince, monarchy would be the beft of govern-ments. But this is fo far from being admiffiblc,that it will for ever remain true, that a free go-vernment has a great advantage over a fimple

monarchy.


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i Preface,monarchy. The beft and wifeft prince, by meansof a freer communication with his people, and thegreater opportunities to collect the bell advicefrom the beft; of his fubjects, would have an im-menfe advantage in a free ftate more than in amonarchy. A fenate confiding of all that is moilnoble, wealthy, and able in the nation, with aright to counfel the crown at all times, is a checkto minifters, and a fecurity againft abufes, that abody of nobles who never meet, and have no fuchright, can never accomplifh. Another aiTembly,compofed of reprefentatives chofen by the peo-ple in all parts, gives the whole nation free ac-cefs, and communicates all the wants, knowledge,projects, and wifhes of the nation, to governmentexcites an emulation among all claries, removescomplaints, redrefles grievances, affords opportu-nities of exertion to genius though in obfeurity,and gives full fcope to all the faculties of man ;opens a pafiage for every fpeculation to the legis-lature, to adminiftration, and to the public : itgives a univerfal energy to the human character,in every part of the ftate, which never can be ob-tained in a monarchy.There is a third particular which deferves atten-tion both from governments and people. The mi-nifters offtate,in a fimple monarchy, can never knowtheir friends from their enemies : cabals in fecretundermine their influence, and blaft their reputa-tions. This occafions a jealoufy ever anxious andirritated, which never thinks the government fafe

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Preface. without an encouragement of informers and fpies,throughout every part of the ftate, who interruptthe tranquillity of private life, deftroy the confi-dence of families in their own domeftics and oneanother, and poifon freedom in its fweeteft retire-ments. In a free government, on the contrary,the minifters can have no enemies of confequencebut among the members of the great or littlecouncil, where every man is obliged to take hisfide, and declare his opinion, upon every queftion.This circumftance alone, to every manly mind,would be fufficient to decide the preference infavour of a free government. Even fecrecy,where the executive is entire in one hand, is ascafily and furely preferved in a free governmentas in a fimple monarchy ; and as to difpatch, allthe fimple monarchies of the whole univerfe maybe defied to produce greater or more examples ofit than are to be found in Englifh hiftory.AnAlexander, or a Frederic, pofieffed of the prero-gatives only of a king of England, and leadinghis own armies, would never find himfelf embar-raffed or delayed in any honeft enterprize. Hemight be reftrained, indeed, from runing mad, andfrom 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 nofree government without a democratical branch inthe conftitution. Monarchies and ariftocracies arein poficfiion of the voice and influence of everyuniverfity and academy in Europe. Democracy,

fimple


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xii Preface.fimple democracy, never had a patron among men,of letters. Democratical mixtures in govern-ment have loft almoft all the advocates they everhad out of England and America.Men of letters mud have a great deal of praife,and fome of the neceflaries, conveniences, and or-naments of life. Monarchies and ariftocraciespay well and applaud liberally. The people havealmoft always expe


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Preface. xiiiwords, without feparating the executive powerfrom the legiflative. If the executive power, orany confiderable part of it, is left in the handseither of an ariftocratical or a democratical aflem-bly, it will corrupt the legislature as neceffarily asruftcorrupts iron, or as arfenic poiibns the humanbody ; and when the legiflature is corrupted thepeople are undone.The rich, the well-born, and the able, acquire

an influence among the people, that will foon betoo much for fimple honefty and plain fenfe, ina houfc of representatives. The moft illuftriousof them muft therefore be feparated from themafs, and placed by themfelves in a fenate : thisis, to all honed and ufeful intents, an oftracifm. Amember of a fenate, of immenfe wealth, the moftrefpected birth, and tranfeendent abilities, has noinfluence in the nation, in comparifon of what hewould have in a fingie reprefentative aflfembly.When a fenate exifts, the moft powerful man inthe (late may be fafely admitted into the houfeof reprefentatives, becaufe the people have it intheir power to remove him into the fenate assfoon as his influence becomes dangerous. Thefenate becomes the great objecT: of ambition ; andthe richeft and the moft fagacious wifh to meritan advancement to it by fervices to the publicin the houfe. When he has obtained the objectof his wifhes, you may ftill hope for the benefitsof his exertions, without dreading his paffions

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xW Preface,for the executive power being in other hands, hehas loft much of his influence with the people,and can govern very few votes more than his ownamong the fenators.

It was the general opinion of ancient nations,that the divinity alone was adequate to the im-portant office of giving laws to men. The Greeksentertained this prejudice throughout all theirdifperfions , the Romans cultivated the fame po-pular delufion ; and modern nations, in the con-fecrations of kings, and in feveral fuperftitiouschimeras of divine rights in princes and nobles,are nearly unanimous in preferving remnants ofit: even the venerable magiftrates of Amersfortdevoutly believe themfelves God's vicegerents.Is it that obedience to the laws can be obtainedfrom mankind in no other manner? Is thejealoufy of power, and the envy of fuperiority,fo ftrong in all men, that no confiderations ofpublic or private utility are fufficient to engagetheir fubmiffion to rules for their own happinefs ?Or is the difpofition to impofture fo prevalentin men of experience, that their private views ofambition and avarice can be accomplifhed onlyby artifice ?It was a tradition in antiquity thatthe laws of Crete were dictated to Minos by theinipiration of Jupiter. This legiflator, and hisbrother Rhadamanthus, were both his fonsonce in nine years they went to converfe withtheir father, to propofe queftions concerning the

wants


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Preface. xvwants of the people ; and his anfwers were record-ed as laws for their government. The laws ofLacedaemon were communicated by Apollo toLycurgus ; and, left the meaning of the deityfhould not have been perfectly comprehended,or correctly exprefled, were afterwards confirmedby 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 importedthefc myfteries from Egypt and the Eaft, whofedefpotifms, from the remoteft antiquity to thisday, have been founded in the fame folemn em-piricifm ; their emperors and nobles being all de-scended from their gods. Woden and Thor weredivinities too ; and their pofterity ruled a thou-sand years in the north by the ftrength of a likecredulity. Manco Capac was the child of thefun, the vifible deity of the Peruvians ; and tranf-mitted his divinity, as well as his earthly dignityand authority, through a line of incas. And therudeit tribes of favages in North America havecertain families under the immediate protectionof the god war, from which their leaders are al-ways chofen. There is nothing in which man-kind have been more unanimous; yet nothingcan be inferred from it more than this, that themultitude have always been credulous, and thefew artful. The United States of America haveexhibited, perhaps, the firft example of govern-

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kvi Preface.ments ere&ed on the fimple principles of na-ture : and if men are now fufficiently enlightenedto difabufe themfelves of artifice, impofture, hy-pocrify, and fuperftition, they will confider thisevent as an aera in their hiftory. Although thedetail of the formation of the American govern-ments is at prefent little known or regarded ei-ther in Europe or America, it may hereafter be-come an object of curiofity. It will never bepretended that any perfons employed in that fer-vice had any interviews with the gods, or werein any degree under the infpiration of heaven,any more than thofe at work upon fhips orhoufes, or labouring in merchandize or agricul-ture : it will for ever be acknowledged that thefegovernments were contrived merely by the ufe ofreafonandthefenfes. As Copley painted Chatham,Weft, Wolf, and Trumbull, Warren and Mont-gomery ; as Dwight, Barlow, Trumbull, andHumphries compofed their verfe, and Belknapand Ramzay hiftory ; as Godfrey invented hisquadrant, and Rittenhoufe his planetarium , asBoylfton praclifed inoculation, and Franklinelectricity , as Paine expofed the miftakes ofRaynal, and JerTerfon thofe of Buffon, fo unphi-lofophically borrowed from the Recherches Phi-lofophiques fur les Americains, thofe defpicabledreams of De Paw-neither the people, northeir conventions, committees, or fub-commit-tees, confidered legiflation in any other light

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Preface. xviithan ordinary arts and fciences, only as of moreimportance. Called without expectation, and com-pelled without previous inclination, though un-doubtedly at the beft period of time both forEngland and America, to erect fuddenly newfyftems of laws for their future government,they adopted the method of a wife architect,in erecting a new palace for the refidence of hisfovereign. They determined to confuk Vitru-vius, Pall.adio, and all other writers of reputa-tion in the art ; to examine the mod celebratedbuildings, whether they remain entire or in ru-ins ; compare thefe with the principles of wri-ters ; and enquire how far both the theories andmodels were founded in nature, op created byfancy : and, when this fhould be done, as faras their circumftances would allow, to adoptthe advantages, and reject the inconveniences, ofall. Unembarraflcd by attachments to noblefamilies, hereditary lines and fucceflions, or anyconfiderations of royal blood, even the piousmyftery of holy oil had no more influence thanthat other of holy water : the people univerfallywere too enlightened to be impoied on by arti-fice-, and their leaders, or more properly follow-ers, were men of too much honour to attemptit. Thirteen governments thus founded on thenatural authority of the people alone, without apretence of miracle or myftery, which are def-ined to fpread over the northern part of that

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xvin Preface.whole quarter of the globe, are a great pointgained in favour of the rights of mankind. Theexperiment is made, and has completely fuc-ceeded : it can no longer be called in queftion,whether authority in magiftrates, and obedienceof citizens, can be grounded on reafon, mora-lity, and the Chriftian religion, without themonkery of priefts, or the knavery of politi-cians. As the writer was perfonally acquaint-ed with molt of the gentlemen in each ofthe flares, who had the principal fhare in thefirfl draughts, the following letters were reallywritten to lay before the gentleman to whomthey are addreffed, a fpecimen of that kind ofreading and reafoning which produced the Ame-rican conflitutions.

It is not a little furprifing that all this kind oflearning fhould have been unknown to any illuf-trious philofopher and ftatefman, efpecially onewho really was, what he has been often called,tc a well of fcience." But if he could be unac-quainted with ir, or it could have efcaped hismemory, we may fuppole millions in Americahave occafion to be reminded of it.The wri-ter lias long k^n with anxiety the facility withwhich philofophers of greateft name have under-taken to write of American affairs, withoutknowing any thing of them, and have echoedand re-echoed each other's vifions. Having nei-ther talents, leiiure, nor inclination, to meet fuchchampions in the field of literary controverfy,

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Prefaci. tfixhe little thought of venturing to propofe to themany queftions : circurnftances, however, haveJately occurred, which feemed to require thatfome notice fhould be taken of one of theniiIf the publication of thefe papers fhould contri-bute any thing to turn the attention of theyounger gentlemen of letters in America to thiskind of enquiry, it will produce an effect offome importance to their country. The fubjectis the mod interefting that can engage the un-derstanding or the heart , for whether the endof man, in this ftage of his exiftence, be en-joyment or improvement, or both, it can neverbe attained fo well in a bad government as agood one.The practicability or the duration of a repub-

lic, in which there is a governor, a fenate, anda houfe of reprefentatives, is doubted by Taci-tus, though he admits the theory to be lauda-ble :- " Cundtas na- ones et urbes, populus,** aut priores, aut fin^uli, regunt. Delccta ex" his et conftituta reipublicx forma, laudari*' facilius quam inveniri j vei, fi evenit, haud" diuturna efle poteft." Ann. lib. iv.CiceroaflTerts" Statuo efle optime conftitutam rem-** publicam, quae ex tribus generibus iilis, re-*' gali, oprimo, et populari, modice co:>ruia."Frag.in fuch peremptory terms the lupeno-rity of fuch a government to all other forms,that the lofs of his book upon republics is much

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xx Preface.to be regretted. From a few pafTages that havebeen preferved, it is very probable he enteredmore largely into an examination of the compo-fition of monarchical republics than any otherancient writer. He was fo far from apprehend-ing "difputes" from a variety of orders, thathe affirms it to be the firmed: bond of juftice,and the ftrongeft anchor of fafety to the com-munity. As the treble, the tenor, and the bafsexift in nature, they will be heard in the con-cert : if they are arranged by Handel, in a fkil-ful compofition, they produce rapture the modexquifite that harmony can excite -, but if theyare confufed together without order, they will

" Rend with tremendous found your ears" afunder."" Ut in fidibus ac tibiis, atque cantu ipfo,a vocibus concentus eft quidam tenendus exdiftinctis fonis, quern immutatum ac difcre-pantem aures eruditse ferre non poffunt ; if-que concentus, ex dijjimillimarum vocim mode-ratione, concors tamen ejficitur ei congruent : fieex fummis et hifimis et mediis wterjeBis ordi-nibus, ut fonis, moderata ratione, civitas con-fenfu diflimillimoium concinit-, et quas har-monia a muficis dicitur in cantu, ea eft incivitate concord ia, arctiftimum atque opti-

mum omni in republica vinculum incolumi-tatisj quae fine juftitia nullo pa&o efle po-i !! teiV!


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Preface. xxl" teft." Cicero, Frag, de Repub.As all theages of the world have not produced a greaterftatefman and philofopher united in the famecharacter, his authority fhould have great weight.His decided opinion in favour of three branchesis founded on a reafon that is unchangeable ;the laws, which are the only poffible rule, mea-fure, and fecurity of juftice, can be fure of pro-tection, for any courfe of time, in no other formof government : and the very name of a repub-lic implies, that the property of the peoplefhould be reprefented in the legiflature, anddecide the rule of juftice." Refpublica eft respopuli. Populus autem non omnis ccetus

multitudinis, fed ccetus juris confenfu, et uti-litatis communione fociatus." Frag, de Rep." Refpublica res eft populi, cum bene acjufte geritur, five ab uno rege, five a paucisoptimatibus, five ab univerfo populo. Cumvero injuftus eft rex, quern tyrannum vocoaut injufti optimates, quorum confenfus fac-tio eft ; aut injuftus ipfe populus, cui no-men ufitatum nullum reperio, nifi ut etiamipfum tyrannum appellem -, non jam vitiofa,fed omnino nulla refpublica eft ; quoniam noneft res populi, cum tyrannus earn factiovecapeflat -, nee ipfe populus eft fi fit injuftus,quoniam non eft multitudinis juris confenfu,et utilitatis unione fociata. " Frag, de Re-

pub.b$ " Ubi


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%x\i Frejace." Ubi vero juftitia non eft, nee jus poteifc

c ' effe; quod enim jure fit, profe&o jufte fit;


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Pre/act. xxiitto renounce it, and fee up the governments ofancient Goths and modern Indianswhat wouldthey fay ? That the Americans would be more re-prehenfible than the Cappadocians, ifthey fhouldliften to fuch advice. It would have been muchto the purpofe to have inferted a more accurateinvestigation of the form of government of theancient Germans and modern Indians ; in both,the exiftence of the three divifions of power ismarked with a precifion that excludes all con-troverfy. The democratical branch, efpecialiy,is fo determined, that the real fovereignty re-lided in the body of the people, and was exer-cifed in the afiembly of king, nobles, and com-mons together. Thefe institutions really collect-ed all authority into one center of kings, nobles,and people. But fmall as their numbers, andnarrow as their territories were, the confequencewas confufion j each part believed it governedthe whole: the chiefs thought they were fove-reign ; the nobles believed the power to be intheir hands , and the people flattered themfelvesthat all depended upon them. Their purpofeswere well enough anfwered, without coming to anexplanation, while they were few in numbers, andhad no property ; but when fpread over largeprovinces of the Roman empire, now the greatkingdoms of Europe, and grown populous andrich, they found the inconvenience of not know-ing each its place. Kings, nobles, and people

b 4 claimed


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xxiv Preface.claimed the government in turn : and after allthe turbulence, wars, and revolutions, whichcompofe the hiftory of Europe for fo manyages, we find fimple monarchies eftablifhed everywhere. Whether the fyftem will now becomeflationary, and laft for ever, by means of a fewfurther improvements in monarchical govern-ments, we know not ; or whether flill furtherrevolutions are to come. The mod probable, orrather the only probable change is, the intro-duction of democratical branches into thofe go-vernments. If the people fhould ever aim atmore, they will defeat themfelves ; and indeedif they aim at this, by any other than gentlemeans, and by gradual advances-, by improve-ments in general] education, and informingthe public mind. The fyftems of legiQators areexperiments made on human life and manners,fociety and government. Zoroafter, Confucius,Mithras, Odin, Thor, Mahomet, Lycurgus, So-lon, Romulus, and a thoufand others, may becompared to philofophers making experimentson the elements. Unhappily a political experi-ment cannot be made in a laboratory, nor deter-mined in a few hours. The operation once be-gun, runs over whole quarters of the globe, andis not finiihed in many thoufands of years. Theexperiment of Lycurgus Lifted (even hundredyears, but never fpread beyond the limits of La-conia. The procefs of Solon blowed out in one

century j


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Preface. xxvcentury , that of Romulus lafted but two cen-turies and a half; but the Teutonic inftitutions,defcribed by Csefar and Tacitus, are the modmemorable experiment merely political, ever yetmade in human affairs. They have fpread allover Europe, and have lafted eighteen hundredyears. They afford the ftrongeft argument thatcan be imagined in fupport of the point aimedat in thefe letters. Nothing ought to have moreweight with America, to determine herjudgmentagainft mixing the authority of the one, the few,and the many, confufedly in one affembly, thanthe wide-fpread miferies and final flavery of al-moft all mankind, in confequence of fuch anignorant policy in the ancient Germans. Whatis the ingredient which in England has prefervedthe democratical authority ? The balance, andthat only. The Englifh have, in reality, blend-ed together the feudal inftitutions with thofe ofthe Greeks and Romans , and out of all havemade that noble compofition, whiqh avoids theinconveniences, and retains the advantages, ofboth. The inftitutions now made in Americawill never wear wholly out for thoufands ofyears : it is of the laft importance then thatthey mould begin right ; if they fet out wrong,they will never be able to return, unlefs it be byaccident, to the right path. After having knownthe hiftory of Europe, and of England in par-ticular, it would be the height of folly to go

back


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Preface.

back to the inftitutions ofWoden and ofThor,

as they are adviied to do : if they had beencounfelled to adopt a fimple monarchy at once,it would have been lefs myfterious. Robertfon,Hume, and Gibbon have given fuch admirableaccounts of the feudal inftitutions, and theirconfequences, that it would have been more dif-creet to have referred to them, perhaps, withoutfaying any thing more upon the fubjed. To col-lect together the legiflation of the Indians, wouldtake up much room, but would be well worththe pains. The fovereignty is in the nation, it istrue, but the three powers are ftrong in everytribe- and their royal and ariftocratical dignitiesare much more generally hereditary, from thepopular partiality to particular families, and thei'uperftitious opinion that fuch are favourites ofthe God of War, than the late writers upon thisfubject have allowed,

Grofuenor Square,January I, J/87.

CON T E N T S.


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CONTENTS.LETTER Page

I. pReliminary Obfervations 3II.

DEMOCRATICAL REPUBLICS.5

III. St. Marino 8IV. Bifcay - 16

The Grifons 21The United Provinces of the Low

Countries 22V. Switzerland ib.

Appenzel 23VI. Underpaid - 2(5VII. Glaris * 28VIII. Zug ^- 31

IX . 0W


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xxviii CONTENTS.letter pagcIX. Uri . 32X. Switz 24

ARISTOCRATICAL REPUBLICS.XI. ifcrw 35XII. Fribourg - 39XIII. Soleure 42XIV. Lucerne 45XV. Zurich 47XVI. Schaffhaufe -49

MulhoufeBienne 50XVII. 5/. G*// 51

Geneva 52XVIII. Zf^Gtfwtf 56XIX. ^ik/V* 58

fhe United Provinces of the LowCountries 69

MONARCHICAL REPUBLICS.XX. England 70XXI. Poland 72XXII. Poland 74XXIII. Recapitulation gi

ANCIENT


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CONTENTS. xxixletter Page

ANCIENT REPUBLICS, AND OPINIONS OPPHILOSOPHERS.

XXIV. Dr. Swift 97XXV. Dr. Franklin 105XXVI. Dr. Price ~ 121

MIXED GOVERNMENTS.'XXVII. Machiavel Hi

Sidney *4&XXVIII. Montefyuieu *53

ANCIENT REPUBLICS, AND OPINIONS CFPHILOSOPHERS.

XXIX. Harrington 158XXX. Ptf/yfe 169XXXI. P^iitf l 77XXXII. Dionyftus HalicarnajfcnfisVa-

lerius -- * **4XXXIII. Plato 188XXXIV. Sir Thomas Smith


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xxx CONTENTS.LETTER Pagtf

ANCIENT ARISTOCRATICAL REPUBLICS.XXXVI. Rome 215

ANCIENT MONARCHICAL REPUBLICS.XXXVII. Tacitus 225XXXVIII. HomerPh^acia 232XXXIX. HomerIthaca 237

" Homer 242ANCIENT ARISTOCRATICAL REPUBLICS.XL. Lacedamon 249ANCIENT DEMOCRATICAL REPUBLICS.

XLI. Athens * 260XLII. Antalcidas * - 2S6XLIII. Achaia -" -295XLIV. Crete 305XLV. Corinth 308XLVI. Argos ~' 311XLVI I. Iphitus 3*5XLVIII. Thebes 318

ANCIENT ARISTOCRATICAL REPUBLICS.XLIX. CrotonaPythagoras 322

ANCIENT


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CONTENTS. xxx;LETTER rage

ANCIENT DEMOCRATICAL REPUBLICS.L. SybarisCharondas 327LI. LocrisZakucus 33iLII. Rome

CONCLUSION.334

LIII. Congrefs r 6lLIV. Locke, Milton^ and Hume 365LV. Ccnclufwn 372

Pojlfcript ~ 385

LETTER


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LETTER I.Grosvenor-Square, OElober 4, 17S6.My dear Sir,

F J^HREE writers in Europe, of great abili-J_ tics, reputation, and learning, Mr. Turgot,

the Abbe De Mably, and Dr. Price, have turnedtheir attention to the constitutions of governmentin the United States of America, and have writ-ten and publifhed their criticifms and advice.They had all the moil amiable characters, andunquestionably the pureft intentions. They hadall experience in public affairs, and ample in-formation in the nature of man, the neceffities offociety, 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 toreafon, experience, the constitution of human na-ture, or to the uniform teftimony of the greatefl:ftatefmen, legators, and philolbphers of all en-lightened nations, ancient and modern.Mr. Turgot, in his letter to Dr. Price, con-feffes, " that he is not Satisfied with the coniti-

tutions which have hitherto been formed forthe different States of America." He obferves,that by mod of them the cuftoms of Englandare imitated, without any particular motive.Inltead of collecting all authority into one cen-

1 ter, that of the nation, they have eftablifhedB 2 " different


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Preliminary Obfervations.

LETTER II.My dear Sir,MR. Turgot is offended, becaufe the cuftomsof. England are imitated in mod of the

new conftitunons in America, without anv parti-cular motive. But, if we fuppofe that Englilhcuftoms were neither good nor evil in themfelves,and merely indifferent ; and the people, by theirbirth, education, and habits, were familiarly at-tached to them ; was not this a motive particularenough for their prefervation, rather than endan-ger the public tranquillity, or unanimity, by re-nouncing them ? If thofe cuftoms were wife,juft, and good, and calculated to fecure the li-berty, property, and lafety of the people, as wellor better than any other institutions ancient ormodern, would Mr. Turgot have advifed the na-tion to reject them, merely becaufe it was at thattime juftly incenfed againlt the Englifh govern-ment ?What Englifh. cuftoms have they retainedwhich 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-" vernor, has been eftablifhed, becaufe there isc * in England a houfe of commons, a houfe of" lords, and a king." It was not fo much be-caufe the legislature in England confided of threebranches, that iuch a divifion of power wasadopted by the ftates, as becaufe their own af-femblies had ever been fo constituted. It was notfo much from attachment by habit to fuch a planof power, as from conviction that it was foundedin nature and reafon, that it was continued.B 3 Mr,'


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6 Preliminary Obfervations.Mr. Turgot feems to be of a different opinion^

and is for " collecting all authority into one cen-" ter, the nation." It is eafily underftood howall authority may be colle6ted into " one center "in a defpot or monarch , but how it can be done,when the center is to be the nation, is more diffi-cult to comprehend. Before we attempt to dif-cuis the notions of an author, we fhould be care-ful to afcertain his meaning. It will not be eaiy,after the moft anxious reiearch, to diicover thetrue fenfe of this extraordinary paffage. If, afterthe pains of " collecting all authority into one" center," that center is to be the nation, wefnall 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 thenation. The center will be the circle, and thecircle the center. When a number of men, wo-men, and children, are fimply congregated together,there is no political authority among them , nor anynatural authority, but that of parents over theirchildren. To leave the women and children outof the queftion tor the prefent, the men will allbe equal, Uzq, and independent of each other.Not one will have any authority over any other.The firlt " collect ion " of authority mult be anunanimous agreement to form them lei ves into anation, people, community, or body politick, and tobe governed by the majority of iuiiracrcs orvoices. But even in this caie, although the au-thority is collected into one center, that center isno longer the nation, but the majority of theration. Did Mr. Turgot mean, that the peopleof A irginia, for exampie, half a million of foulsfcattered over a territory of two hundred leaguesfquare, mould itop here, and have no other au-

thority


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Preliminary Obfervations. 7thority by which to make or execute a law, orjudge a caufe, but by a vote of the whole peo-ple, and the decifion of a majority ! Where isthe plain large enough to hold them ; and whatare the means, and how long would be the time,necefl'ary to affemble them together ?A fimple and perfect democracy never yet ex-ifted among men. If a village of half a milefquare, and one hundred families, is capable ofexercifing all the legiflative, executive, and judi-cial powers, in public affemblies of the whole,by unanimous votest or by majorities, it is morethan has ever yet been proved in theory or expe-rience. In fuch a democracy, the moderatorwould be king, the town - clerk legiflator andjudge, and the conftable fheriff, for the moilpart , and, upon more important occafions, com-mittees would be only the counfellors of both theformer, and commanders of the latter.

Shall we fuppofe then, that Mr. Turgot in-tended, that an aifembly of reprefentatives mouldbe choien by the nation, and vetted with all thepowers of government; and that this aifemblylhall be the center in which all the authority fhallbe collected, and lhall be virtually deemed thenation. After long reflection, 1 have not beenable to difcover any other ienk in his words, andthis was probably his real meaning. To examinethis fyftem in detail may be thought as trifling anoccupation, as the laboured realbnings of Sidneyand Locke, to mew the abfurdity of Filmar'siuperftitious notion';, appeared to Mr. Hume inhis enlightened days. Yet the miltakes of greatmen, and even the abfurdities of fools, whenthey countenance the prejudices of numbers or.people, efpecially in a young country, and undernew governments, cannot be too fully confuted.

13 4. You


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S Democratieal Republics'.You will not then efteem my time or your ownmifpent, in placing this idea of Mr. Turgot inall its lights; in confidering the confequences ofit , and in collecting a variety of authoritiesagainft , it.

LETTER III.ST. MARINO.

My dear Sir," A SOCIETY of gods would govern them-Ji\. " felves democratically," fays the eloquentphiloibpher of Geneva ; who however wouldhave agreed, that his " gods " muft not havebeen the claffical deities : fince he knew from thehigheft authority, the poets, who had their infor-mation from thole divinities the Mufes, that allthe terrors of the nod, the arm, and the thun-derbolts of Jupiter, with all the energy of hisundifputed monarchy, were infuflicient to holdthem in order. As it is impoflible to know whatwould have been his definiron of the gods, wemay quietly purfue our enquiry, whether it ispracticable to govern men in this way. It wouldbe very furprifing, if, among all the nationsthat have exiited, not one has difcovered a fecretof fo much importance. It is not necerTary forus to prove that no fuch government has exifted ,it is incumbent on him who mall embrace theopinion of Mr. Turgot, to name the age, thecountry, and the people, in which fuch an ex-periment has been tried. It might be eafier todetermine the qucilion concerning the practicabi-

lity


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St. Marine^ $lity or impracticability, the utility or inutility, ofa fimple democracy, if we could find a numberof examples of it. From the frightful picturesof a democratical city, drawn by the mafterlypencils of ancient philofophers and hiftorians, itmay be conjectured that fuch governments exiftedin Greece and Italy, at leait for fhort fpaces oftime: but no paiticular hiftory of any one ofthem is come down to us , nor are we able toprocure any more iatisfaction to our curiofityfrom modern hiftory. If fuch a phenomenon isat this time to be feen in the world, it is pro-bably in fome of thofe dates which have thename of democracies, or at lead in fuch as havepreferved fome fhare in the government to thepeople. 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 isof fome importance to examine, i. Whether infact this is a fimple democracy , and, 2. Whe-ther, if it were fuch, it is not" owing to particu-lar circumitances, which do not belong to anyother people, and prove it to be improper for anyother, efpecially the United States of America,to attempt to imitate it.The republic of St. Marino, as Mr. Addifoninforms us, ltands on the top of a very high

and craggy mountain, generally hid among theclouds, and fometimes under fnow, rven whenthe weather is clear and warm in all the coun-try about it.

This mountain, and a few hillocks that liefcattered about the bottom of it, is the wholecircuit of the dominion. They have, what theycall, three catties, three convents, and five

4 churches,


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io Democratical Republics.churches, and reckon about five thoufand fouls intheir community.St. Marino was its founder, a Dalmatian by-birth, and by trade a mafon. He was employed,about thirteen hundred years ago, in the repara-tion of Rimini, and after he had finifhed his work,retired to this folitary mountain as very properfor the life of a hermit, which he led in thegreatefL auilerities of religion. He had not beenlong here, before he wrought a reputed miracle,which, joined with his extraordinary fanctity,gained him fo great an efteem, that the princefsof the country made him a prefent of the moun-tain t to diipofe of it at his difcretion. His repu-tation quickly peopled it, and gave rife to therepublic which calls itfelf after his name. Thebed of their churches is dedicated to the faint,and holds his afh.es. His ilatue ftands over thehigh altar, with the figure of a mountain in hishands, crowned with three caftles, which is like-wife the arms of the commonwealth. They at-tribute to his protection the long duration of theHate, and look on him the greateil faint next thebkffed Virgin. In their ftatute-book is a lawagainit fuch as fpeak difrefpecifully of him, whoare to be punifhed in the fame manner as thofewho are convicted of blafphemy. This pettyrepublic has lafted thirteen hundred years, whileall the other ftates of Italy have feveral timeschanged their mailers and forms of government.Their whole hiilory confiils in two purchafes ofa neighbouring prince, and two wars, in whichthey affiiled the pope againft a lord of Rimini.They would probably fell their liberty as dear

as they could to any that attacked them ; forthere is but one road by which to climb up to

them.


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St. Marino. nthem. All that are capable of bearing arms, areexercifed, and ready at a moment's call.The fovereign power of the republic waslodged, originally, in what they call the arengoya great council, in which every houfe had its re-prefentative , but, becaule they found too much,confufion in fuch a multitude of ftatefmen, theydevolved their whole authority into the hands ofthe council of fixty. The arengo, however, isHill called together in cafes of extraordinary im-portance , and if, after due fummons, any mem-ber abfents himielf, he is to -be fined. In theordinary courfe of government, the council offixty, which, notwithstanding the name, confiftsbut of forty perfons, has in its hands the admi-nillration of affairs, and is made up of half outof the noble families, and half out of the ple-beian. They decide all by ballotting, are notadmitted until five-and-twenty years old, andchoofe the officers of the commonwealth.No fentence can (land that is not confirmed bytwo thirds of this council ; no fon can be admitted

into it during the life of his father, nor two be init of the fame family, nor any enter but by election.The chief officers of the commonwealth are the twocapitaneoSy who have fuch a power as the old Romanconfuls had, but are chofen every fix months. Somehave been capitaneos fix or feven times, though theoffice is never to be continued to the fame perfonstwice iucceflively. The third officer is the com-miflary, who judges in all civil and criminalmatters : but becaufe the many alliances, friend-fhips, and intermarriages, as well as the perfonalfeuds and animoficies that happen among lo fmalla people, might obilruct the courle of juftice, ifone of their own number had the distribution ofit, they have always a foreigner for this employ,

1 whom


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12 Democratical Republics.whom they choofe for three years, and maintainout of the public (lock. He mult be a dodtorof law, and a man of known integrity. He isjoined in commiffion with the capitaneos, and ac"bfomcthing like the recorder of London under thelord mayor. The fourth man in the ftatc is thephyfician : another perfon, who makes no or-dinary figure in the republic, is the ichoolmafter.Few in the place but have fome tincture oflearning.The people are efteemed very honeft, and ri-gorous in the execution of juftice, and feem tolive more happy and contented among their rocksand fnovvs, than others of the Italians do in thepleafanteft vallies in the world. Nothing indeedcan be a greater inftance of the natural lovemankind has for liberty, and of their averfionto arbitrary government, than fuch a favagcmountain 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, ifall authority is here collected in one center, thatcenter is not the nation. Although the originalreprefentation in the arengo was of houies, that isto fay, of property, rather than of the perfonsof the citizens, and confequently not very equal,as it excluded all perlonal property, as well asall who had no property ; yet even fuch anagrarian, it ftems, was not a fufficient checkto licentioufnefs, and they found it neceffary toinftitute a fenate of forty men. Here, at lealt,commenced as complete an ariitocracy as that ofancient Rome ; or, to exprefs it more exactly, ascomplete a feparation of the ariftocratical fromthe democratical part of the community : andthere are two remarkable circumitances in confir-

mation


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St. Marino', 13mation of this , one is, that there are not onlynoble families in this illujirijjimd republicd SanRiMarini, but the conftitution has limited the choiceof the electors fo far as to oblige them to choofeone half the fenate out of thefe nobles ; the otheris, that the names of the agents for the common-wealth, of the notary, and the witneffes to twoinftruments of purchafcs made at feventy yearsdiftance from one another, one in 1 100, the otherin 1 170, are the fame.It is not credible thatthey were the fame perfons : they were probablyfons or grandlbnswhich is a ftrong proof ofthe attachment to anftocratical families in thislittle ftate, and of their defire to continue thefame blood and the fame names in public em-ployments, like the Oranges, Fagels, De Lin-dens, &c. in Holland, and like innumerable otherexamples in all nations.

Another remarkable circumftance is, the reluc-tance of the citizens to attend the afiembly of thearengo% which obliged them to make a law, oblig-ing themlelves to attend, upon a penalty. This isa defect, and a misfortune natural to every de-mocraticai conftitution, and to the popular partof every mixed government. A general or toocommon difinclination to attend, leaves room forperfons and parties more active to carry pointsoy faction and intrigue, which the majority, ifall were prefenr, would not approve.

It is curious to iee how many checks and li-mitations are contrived for this legiflative afTem-bly. Half nobles, half plebeiansall upwardsor five-and-twenty years oldtwo thirds mullagreeno fon can lit with his father j never twoof the fame family.The capitaneos have the executive, like the Ro-pian conluls, and the commiifary has the judi-

cial.


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14 Democratical Republics.cial. Here again are remarkable limitations:he mud be a foreigner, and he is for three years.This is to give fome degree of (lability to the ju-dicial power, and to make it a real and powerfulcheck both to the executive and legiflative.We are not indeed told whether the council offorty are elected annually or for life. Mr. Addi-fon may, from his well-known character, be fup-pofed to have been more attentive to the grandand beautiful monuments of ancient arts of everykind which furrounded him in Italy, than to thisrough hillock, although the form of governmentmight have excited his curiofity, and the fimpli-city of manners his elteem ; he has accoidinglygiven a very imperfect fketch of its conftitu L;onand hiitory. Yet enough appears to fliew 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 Spartaor Rome were, and as the Maffachufetts, New-York, and Maryland now are, in which the pow-ers of the governor, fenate, and afTembly, are moreexactly afecrtained and nicely balanced, but theyare not more diftinc! than thofe of the capitaneos^council of forty, and the arengo are in St. Ma-rino.

Should it be argued, that a government likethis, where the fovereignty refidcs in the wholebody of the people, is a democracy, it may beanfwered, that the right of fovereignty in all na-tions is unalienable and indivifib!e, and does andcan rcfide no where elfe but not to recur to aprinciple fo general, the exercife, as well as rightof fovereignty, in Rome, refided in the people, butthe government was not a democracy. In Ame-rica, the right of fovereignty reiides indifputablyin the body of the people, and they have the

whole


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St. Marino. r$whole property of land. There are no nobles orpatriciansall are equal by law and by birth.The crovernors and fenates, as well as reprefenta-tive alTemblies, to whom the exercife of fove-reignty is committed, are annually chofen. Go-vernments more democratical never exifted ; theyare vaftly more fo than St. Marino. Yet the an-nual adminiftration is divided into executive, le-giflative, and judicial powers ; and the legiflatureitfelf is divided into monarchical, ariftocratical,and democratical branches ; and an equilibriumhas been anxioufly fought for in all their deli-berations and actions, with infinitely more art,judgment, and (kill, than appears in this littleItalian commonwealth.The liberty and the honefty of thefe people isnot at all furprifing. In lb fmall a ftate, whereevery man perfonally knows every other, let theform of government be what it will, it is fcarcelypoflible that any thing like tyranny or cruelty cantake place. A king, or a decemvirate intrudedwith the government, would feel the cenfures ofthe people, and be conftantly confeious of thefacility of afTembling the whole, and apprehenfiveof an exertion of their ftrength.The poverty of this people appears, by thefine of one penny impofed upon ablence from thearengo \ and by the law, that an ambalTadorfhould have a Shilling a day. This however is afalary in proportion to the numbers of the people,as thirty guineas a day would be to an ambai-lador from the United States.It appears alfo,from the phyfician's being obliged to keep ahorle, 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


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j6 "Democratical Republics.of a few cows, fheep, goats, fwine, poultry, andpigeons, on a piece of rocky, fnowy ground, pro-tected from every enemy by their lituation, theirfuperftition, and even by their poverty, havingno commerce nor luxury, can be no examplefor the commonwealth of Penfilvania, Georgia, orVermont, in one of which there are poffibly half amillion of people, and in each of the other aclead thirty thoufands, fcattered over a large ter-ritory.Upon the whole, a ftronger proof cannot beadduced of the neceffity of different orders, andof an equilibrium between them, than this com-monwealth of St. Marino, where there are fuchftrong fymptoms of both in a fociety, where thelean: occafion for them appears that can be ima-gined to take place in any conceivable (ituation.

LETTER IV.BISCAY,

Dear Sir,IN a refearch like this, after thofe people inEurope who have had the fkill, courage, andfortune, to preferve a voice in the government,Bifcay, in Spain, ought by no means to be omit-ted. While their neighbours have long fince re-figned all their pretentions into the hands ofkings and priefls, this extraordinary people havepreferved their ancient language, genius, laws,government, and manners, without innovation,Jonger than any other nation of Europe. OfCeltic extraction, they once inhabited fome of

the


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Bifcay. 1 7the fined parts of the ancient Bcetica ; but theirlove of liberty, and unconquerable averfion to aforeign fervitude, made them retire, when invadedand overpowered in their ancient feats, into thefemountainous countries, called by the ancientsCantabria. They were governed by counts, fentthem by the kings of Oviedo and Leon, until859, when finding themfelves without a chief*becaufe Zeno, who commanded them, was madeprifoner, they rofe and took arms to refill Or-dogne, fon of Alfonfus the Third, whofe domi-nation was too fevere for them, chofe for theirchief an iflue of the blood-royal of Scotland, bythe mother's fide, and fon-in-law of Zeno theirgovernor, 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 DonPedro the Cruel, having put to death chofe whowere in pofiefilon of the lordfhip, reduced themto a treaty, by which they united their country*under the title of a lordfhip, with Caftile, bywhich convention the king of Spain is now lordof Bifcay. It is a republic ; and one of the pri-vileges they have molt infilled on, is not to havea king : another was, that every new lord, at hisaccefiion, fhould come into the country in perfon,with one of his legs bare, and take an oath topreferve the privileges of the lordlhip. The pre-sent king of Spain is the firlt who has been com-*plimented with their confent, that the oath mouldbe adminiftered at Madrid, though the other hu-miliating and indecent ceremony has been longlaid alide.

Their folicitude for defence has furroundedwith walls all the towns in the diftrict. TheyC arc


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1 Democratkal Republics.are one-and-twenty in number -, the principal ofwhich are, Orduna, Laredo, Portugalete, Duran-go, Bilbao, and St. Andero. Bifcay is dividedinto nine merindades, a fort of jurifdiction like abailiwick, befides the four cities on the coaft.The capital is Bilbao.The whole is a collectionof very high and very fleep mountains, ruggedand rocky to fuch a degree, that a company ofmen polled on one of them might defend itfelf aslong as it could fubfift, by rolling rocks ontheir enemy. This natural formation of the coun-try, v/hich 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 beltibldiers and failors in Spain, and even of the befl:courtiers, many of them having, by their witand manners, raifed themfelves into offices of con-fcquence under the court of Madrid. Their va-luable qualities have recommended them to theeiteem of the kings of Spain, who have hithertoleft them in poffernon of thole great immunitiesof which they are fo jealous. In 1632, indeed*the court laid a duty upon fait : the inhabitantsef Bilbao rofe, and maflacred all the officers ap-pointed to collect it, and all the officers of thegrand admiral. Three thoufand troops were fentto punifli them for rebellion : thefe they fought,and totally defeated, driving molt of them intothe fea, which difcouraged the court from pur-suing their plan of taxation ; and fince that timethe king has had no officer of any kind in thelordffiip, except his corregidor.Many writers afcribe their flourifhing com-

merce


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Bijcay. 19merce to their fituation , but, as this is no betterthan that of Ferrol or Corunna, that advantageis more probably due to their liberty. In ridingthrough this little territory, you would fancyyourfelf in Connecticut ; inftead of miferablehuts, built of mud, and covered with flraw, youfee the country full of large and commodioushoufes and barns of the farmer ; the lands wellcultivated; and a wealthy, happy yeomanry. Theroads, fo dangerous and impafiable in mod otherparts of Spain, are here very good, having beenmade at a vaft expence of labour.

Although the government is called a democra-cy, we cannot here find all authority collectedinto one center-, there are, on the contrary, asmany diftinct governments as there are cities andmerindades. The general government has twoorders at lead ; the lord or governor, and the bi-ennial parliament. Each of the thirteen fubor-dinate divifions has its organized government,with its chief magiftrate at the head of it. Wemay judge of the form of all of them by that ofthe metropolis, which calls itfelf, in all its laws,the noble and illnftrious republic of Bilbao.This city has its alcalde, who is both governorand chief juftice, its twelve regidores or counlel-lors, attorney-general, &c. and by all thefe, af-fembled in the confiltorial palace under the titlesof confejo, jujlicia, y regimiento, the laws are madein the name of the lord of Bifcay, and confirmedby him.

Thefe officers, ic is true, are elected by the ci-tizens, but they niuft by law be elected, as wellas the deputies to the biennial parliament or jun-ta general, out of a few noble families, unftained,both by the fide of father and mother, by anymixture with Moors, Jews, new converts, peni-C 2 tentiaries


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to Democratical Republics.tentiaries of the inquifition, &c. They muft benatives 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, muft be no-bles, at leaft knights, and fuch as never exer-cifed any mechanical trades themfelves or theirfathers. Thus we fee the people themfelves haveeftablifhed by law a contracted ariftocracy, underthe 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, thefew, and the many ; yet, if it were as democra-tical as it has been thought by feme, we couldby no means infer, from this inftance of a littleflock upon a few impracticable mountains, in around form of ten leagues diameter, the utilityor practicability of fuch a government in anyother country.The difpofition to divifion, fo apparent in alldemocratical governments, however tempered withariftocratical and monarchical powers, has fnewnitfelf, in breaking off from it Guipufcoa and Al-laba i and the only prefervative of it from otherdivifions, has been the fear of their neighbours.They always knew, that as foon as they mouldfall into factions, or attempt innovations, thecourt of Spain would interpole, and prefcribethem a government not fo much to their tafte.

THE


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The Grifons. 21

THE ORISONS.I n the republic of the Three Leagues of the

Grifons, the fovereign is all the peopie of a greatpart of the ancient Rhetia. This is called a de-mocratical republic of three leagues. 1. TheLeague of the Grifons. 2. The League Caddee.3. The League of Ten Jurifdiclions. Thefethree are united by the perpetual confederationof 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 elect and inftructtheir deputies for the general diet, which is heldonce a year. Each league elects alfo its chief orprefident, who prefides at the dietes, each one inhis league. The general diet affembles one yearat Uanz, in the league of the Grifons ; one yearat Coire, in the league Caddee ; and one year atDavons, in the league of Ten Jurifdictions. Thereis another ordinary aflembly, compofed of chiefsand of three deputies from each league, which isheld at Coire, in the month of January. Befidcsthefe regular affemblicb, they hold congreffeswhenever the neceflities of the ftate require them;fometimes of the chiefs alone, fometimes of cer-tain deputies from each league, according to theimportance of the cafe : thefe afiemblies are heldat Coire. The three leagues form but one bodyin general affairs , and, although one league hasmore deputies than another, they count the voiceswithout diltincTtion of leagues. They conductfeparately their particular affairs. Their countryis thirty-five leagues in length, and thirty inbreadth. C 3 F.ven


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22 Democratical Republics.Even in this happy country, where there is

more equality than in almoft any other, there arenoble families, who, although they live like theirneighbours by the cultivation of the earth, andthink it no difgrace, are very proud of the im-menle antiquity of their defcent, and boaft of it,and value themfelves upon it, as much as JuliusCsefar did, who was defcended from a goddefs.

THE UNITED PROVINCES OF THE LOWCOUNTRIES.There are in Friefland and O very (Tell, andperhaps in the city of Dort, certain remnants of

democratical powers, the fragments of an ancientedifice, which may pofiibly be re-ereted , but asthere is nothing which favours Mr, Turgot's \deQ-tI fhall pafs over this country for the preient.

LETTER V.SWITZERLAND.My dear Sir,IT is commonly faid, that fome of the cantonsof Switzerland are democratical, and others

ariftocratical : and if thefe epithets are underftoodonly to mean, that one of thefe powers prevailsin fome of thofe republics, and the other in thereft, they are juft enough ; but there is neither afimple democracy, nor a fimple ariilocracy, amongthem. The governments of thefe confederated

ftates.


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Switzerland. 2gftates, like thofe of the United Provinces of theNetherlands, are very complicated, and there-fore very difficult to be fully explained * yet themoft fuperficial enquirer will find the moft evl-dent traces of a compofition of all the three pow-ers in all of them.To begin with the cantons commonly reputeddemocratical.

DEMOCRATICAL CANTONS.APPENZEL.

The canton of Appenzcl confifts of a feriesof vallies, fcattered among inaccefrible rocks andmountains, in all about eighteen miles fquare.The people are laborious and frugal, and have nocommerce but in cattle, hides, butter, cheefe,and a little linen made of their own fiax. It hasno walled towns, and only two or three open bo-roughs, and a few fmali villages : it is, like NewEngland, almoft a continued village, covered withexcellent houfes of the yeomanry, built of wood,each of which has its territory of pallure grounds,commonly ornamented with trees -, neatnefs andconvenience are lludied without, and a remark-able cleanlinefs within. The principal part of theinhabitants have preferved the fimplicity of thepaftoral life. As there are not, at molt, abovefifty thouland fouls, there cannot be more thanten thouland men capable of bearing arms. It isnot at all furprifing, among fo much freedom,fhough among rocks and herds, to hear of lite-rature, and men of letters who are an ornament totheir country, C 4 Never-


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24 Democratical Cantons.Neverthelefs, this fimple people, fo fmall in

number, in fo narrow a territory, could not agree.After a violent conteft, in which they were indanger of a civil war, by the mediation of theother cantons, at the time of the Reformation,they agreed to divide the canton into two por-tions, the Outer and the Inner Appenzel, orRhodes Exterior and Rhodes Interior. Each dif-tri6t has now its refpective chief magiftrate, courtof juitice, police, bandaret, and deputy to thegeneral dier, although the canton has but onevote, and confequently lofes its voice if the twodeputies are of different opinions. The canton isdivided into no lefs than twelve communities , fixof them called the Inner Appenzel, lying to theeaft ; and fix the Outer, to the weft. They haveone general fovereign council, which is compofedof one hundred and forty-four perfons, twelvetaken from each community.The fovereignty refides in the general affembly,which, in the interior Rhodes, meets every yearat Appenzel, the laft Sunday in April ; bur, inthe exterior Rhodes, it affembles alternately atTrogen and at Hundwyl. In the interior Rhodesare the chiefs and officers, the land amman, thetything-man, the governor, the treafurer, the cap-tain of the country, the director of the buildings,the director of the churches, and the enfign. Theexterior Rhodes have ten officers, viz. two landammans, two governors, two treafurers, two cap-tains, and two enfigns. The interior Rhodes isiubdivided into fix leifer ones, each of which hasfixteen counfellors, among whom are always twochiefs. The grand council in the interior Rhodes,as alfo the criminal jurifdidion, is compofed ofne hundred and twenty-eight perfons, who af-

femble


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Appenzel. 25fcmble twice a year, eight days after the generalaffembly, and at as many other times as occafionsrequire. Moreover, they have alfo the littlecouncil, called the weekly council, becaufe itmeets every week in the year. The exteriorRhodes are now divided into nineteen communi-ties , and the fovereignty of them confifts in thedouble grand council of the country, called theold and new council, which affembles once a year,eight days after the affembly of the country, atTrogen or at Herifaw, and is compofed of ninetyand odd perfons. Then follows the grand coun-cil, in which, befides the ten officers, the reign-ing chiefs of all the communities have feats, thedirectors of the buildings, the chancellor, and thefautier, which make thirty-five perfons; the reign-ing land amman prefides. After this comes thelittle council from before the fittern, which isheld every firft 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 thirteencommunities, the chancellor of the country, andthe fautier, and confifts of twenty and odd perfons.The little council from behind the fittern is heldunder the presidency of the reigning land am-man, whenever occafion requires ; it is held atHerifaw, Hundwyl, or Urnaeichen : at it affiftthe chancellor of the country, and the fautier,with the counfellors of the fix communities be-hind the fittern, appointed for this fervice.

Let me all:, if here are not different orders ofmen, and balances in abundance ? Such anhandful of people, living by agriculture, in pri-mitive fimplicity, one would think might livevery quietly, almoft without any government atill; yet, inllead of being capable of collecting

l ail


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fi6 Democraltcal Cantcns.all authority into one affembly, they feem tohave been forcibly agitated by a mutual powerof repulfion, which has divided them into twocommonwealths, each of which has it monarchi-cal power in a chief magistrate ; its ariftocraticalpower in two councils, one for legislation, andthe other for execution ; befides the two morepopular affemblies. This is furely no Simple de-mocracy.-Indeed a Simple democracy by repre-sentation is a contradiction in terms.

LETTER VI.UNDUWALD.

My dear Sir,THE canton of Underwald confifts only ofvillages and boroughs, although it is twen-ty-five miles in length, and feventeen in breadth.Thefe dimenfions, it feems, were too extenfive tobe governed by a legiflation fo imperfectly com-bined, and nature has taught and compelled themto feparate into two divifions, the one above, andthe other below, a certain large foreit of oaks,which runs nearly in the middle of the country,from north to fouth. The inferior valley, belowthe fore fl, contains four communities , and thefuperior, above it, fix. The principal or capitalis Sarncn. The Sovereign is the whole country,the fovcreignty reliding in the general affembly,where all the males of fifteen have entry and fuf-frage ; but each valley apart has, with refpect toits interior concerns, its land ainman, its officersf administration, and its public affembly, com-

ic pofed


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Underwald. i ypofed 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-nistration, and of fifty-eight fenators chofen inthe faid councils of the two valleys. Befides this,there are, for juftice and police, the chamber oficven^ and the chamber of fifteen, for the up-per valley, and the chamber of eleven for thelower.

Here again are arrangements more complica-ted, and ariftocratical preferences more decided,in order to counterpoife the democratical affem-bly, than any to be found in America, and theland amman is as great a man in proportion as anAmerican governor. Is this a fimple democracy ?Has this little clan of graziers been able to coi-led: all authority into one center ? Are there notthree aflemblies here to moderate and balanceeach other ? and are not the executive and judi-cial powers feparated from the legiflative ? Is itnot a mixed government, as much as any inAmerica ? although its conftitution is not by anymeans fo well digefted as ten at lead of thofe ofthe United States ; and although it would neverbe found capable of holding together a greatnation.

LETTER


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28 Demoeratical Cantons,

LETTER VII.G L A R I $

My dear Sir,THE canton of Glaris is a mountainouscountry, of eight miles long and four wide,according to their own authors, perhaps intend-ing German miles , but twenty-five miles in lengthand eighteen in breadth, according to fome Eng-lifh accounts. The commerce of it is in cheeie,butter, cattle, linen, and thread. Ten thou-fand cattle, and four thoufand fheep, palturedin fummer upon the mountains, conftitute theirwealth.The inhabitants live together in a general equa-lity, and mod perfect harmony ; even thofe ofthe different perfuafions of Catholics and Proteft-ants, who fometimes perform divine fervice inthe fame church, one after the other : and all theoffices of flate are indifferently adminiftered byboth parties, though the Protectants are more innumber, and fuperior both in induflry and com-merce. Ail the houfes are built of wood, largeand folid, thofe of the richeft inhabitants differ-ing only from thofe of the poorer, as they arelarger.The police is well regulated here, as it isthroughout Switzerland. Liberty does not dege-nerate into licentioufnefs. Liberty, independence,and an exemption from taxes, amply compenfatefor a want of the refinements of luxury. Thereare none fo rich as to gain an afcendency by lar-geffes. If they err in their councils, it is anerror of the judgment, and not of the heart. As

there


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Claris, igthere is no fear of invafion, and they have nocon-quefts to make, their policy confifts in maintain-ing their independence, and preferving the pub-lic tranquillity. As the end of government is thegreateft happinefs of the greateft number, favingat the fame time the ftipulated rights of all, go-vernments like thefe, where a large (hare of poweris prelerved by the people, deferve to be admiredand imitated. It is in fuch governments that hu-man nature appears in its dignity, honeft, brave,and generous.Some writers are of opinion, that Switzerlandwas originally peopled by a colony of Greeks.The fame greatnefs of foul, the fame fpirit of in-dependence, the fame love of their country, hasanimated both the ancients and the moderns, tothat determined heroifm which prefers death toflavery. Their hifiory is full of examples of vic-tories obtained by fmall numbers of men overlarge armies. In 1388 the Auftrians made amirruption into their territory, with an army of fif-teen thoufand men ; but, inftead of conqueringthe counrry as they expected, in attacking aboutfour hundred men polled on the mountains atNasfel, they were broken by the Hones rolledupon them from the fummit : the Swifs, at thiscritical momenr, rufhed down upon them withfuch fury, as forced them to retire with an im-menfe lots. Such will ever be aie character of apeople, who preferve fo large a fiiare to themfelvesin their legiflature, while they temper their con-stitution, at the fame time, with an executivepower in a chief magistrate, and an ariflocraticaipower in a wife fenate.The government here is by no means entirelydemocratical. It is true, that the fovereign isthe whole country, and the ibvereignty refides in

the


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go Democratical Cantons.the general afTembly, where each male of fifteen*with his fword 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, laystaxes, enters into alliances, declares war, andmakes peace.

But it has a firft magiftrate in a land amman,who is the chief of the republic, and is chofenalternately from among the Proteftants and fromamong the Catholics, The Proteftant remainsthree years in office ; the Catholic two. Themanner of his appointment is a mixture of elec-tion and lot. The people choofe five candi-dates, who draw lots for the office. The othergreat officers of Hate are appointed in the famemanner.

There is a council called a fenate, compofedof the land amman, a ftadthalder, and fixty-twoienators, forty-eight Proteftants and fourteen Ca-tholics, all taken from fifteen tagwen or ccrvees,into which the three principal quarters or parti-tions of the country are fubdivided for its moreconvenient government. In this fenate, calledthe council of regency, the executive power re-fides. Each tagwen or corvee furnifhes four fe-nators , befides the borough of Glaris, which fur-nifhes fix.Inftead of a fimple democracy, it is a mixedgovernment, in which the monarchical power inthe land amman, ftadthalder or pro-conful, theariftocratical order in the fenate, and the demo-cratical in the general afTembly, are diftinctlymarked. It is, however, but imperfectly ba-lanced \ fo much of the executive power in anariftocratical afTembly would be dangerous inthe higheft degree in a large ftate, and among arich people. If this canton could extend its do-

minion,


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Zug. 3iminion, or greatly multiply its numbers, it wouldfoon find the neceffity of giving the executivepower to the land amman, in order to defend thepeople againft the fenate; for the fenate, althoughit is always the refervoir of wifdom, is eternallythe very focus of ambition.

LETTER VIILZ U G.

My dear Sir,THE canton of Zug is final!, but rich, anddivided into mountains and plains. Thefovereign is the city of Zug, and part of the

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