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DEFENCE

OF THE

CONSTITUTIONS OF GOVERNMENT

OF THE

UNITED STATES

OF

AMERICA, ** v <

AGAINST THE ATTACK OF M. TURGOT

IN HIS

LETTER T o PR- PRICE,

BATED THE TWENTY-SECOND DAY OF MARCH, 1778.

BY JOHN ADAMS, LL. D.

PRESIDENT OF THE UNITED STATES.

ii ^i

All Nature's Difference keeps all Nature's Peace.

.
IN THREE VOLUMES.

VOL. I.
THE THIRD EDITION,

IVERSITY,

PHILADELPHIA;

PRINTED BY BUDD AND BARTRAM,

FOR WILLIAM COBBETT, OPPOSITE CHRIST CHURCH,

I797-

A v

^ . &

5%

The publijher has prefixed the following Short Ac*
count of the Author, which he hopes the reader
'will not be difpleafed with. It is extracted
from the American Geography* by the Rev.
Jedidiah Morfe.

,l l

MR. ADAMS is a defcendant of one of the
firft families who founded the colony of
Maflachufetts Bay in 1630. He was born at
Braintree, in Maflachufetts, O6lober i9th, 1735.
He was by profefllon a lawyer; and fuch were
his abilities and integrity, that he attra&ed 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 Diflertation on the Canon and Feudal
Laws ; a work well adapted to convince or con-
found the advocates either for civil or ecclefi-
aftical 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,on the
memorable 5th of March, 1770. His client's
caufe was moft unpopular. The whole town had
been in a ftate of irritation, on account of the
conduct of Governor Hutchinfon, and the troops
which were ftationed 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
paflions of the people had time to fubfide. The
trial at length commenced, and lafted feveral
days, during which he difplayed the moft exten-
iive 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 groflfeft infults
and provocations. Capt. Prefton was acquitted.
In this moft delicate and important trial, Mr.
Adams manifefted that firmnefs of mind, dilinte-
refted and enlightened patriotifm, and that love of
juftiee and humanity, which have uniformly mark-
ed his conduct in all thofe great departments
which he has lince 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 refolution 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 coniiderable 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 fent to the court of Ver-
failles, as one of the minifters plenipotentiary of
the United States, to confummate that important
bufinefs.

On his return from France he was called upon
by Maffachufetts 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 ufe of the
United States ; and to reprefent them as their mi-
nifter plenipotentiary to their High MightinefTes
the States General of the United Provinces. Such
important trufts {hew in what high eftimation he
was held by his country, and the able and fatif-
fadlory manner in which he executed them, prov-
ed that their confidence was well placed.

While in Europe, Mr. Adams published 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 fhould be the
rule a total reparation of the executive from
the legiilative power, and of the judicial from
both and a balance in the legiilature, by

three

* See the American Conftitutions.

6 A fhort Account of the Author.

three independent, equal branches. " If there
< c is one certain truth," fays he, " to be collected
<c 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
cc 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 poflefled 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-
Prelidency of the United States.

To this account by Mr. Morfe, it is neceflary
to add, that, in Nov. 1796, Mr. Adams was chof-
en Prefident of the United States, in the room
of General WalhingtoH. To be appointed the
fuccefTor 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 feel inclined to be-
ftow it.

PREFACE.

TTNIVEBSITY

PREFACE.

THE arts and fciences, in general, during
the three or four la.il centuries, have had a
regular courfe of progreflive improvement. The
inventions in mechanic arts, the difcoveries in na-
tural philofophy, navigation, and commerce, and
the advancement of civilization and humanity,
have occafioned changes in the condition of the
world, and the human character, which would have
aftonifhed the moft refined nations of antiquity.
A continuation of iimilar 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 foine degree adopted by the
courts of princes. By the eredion of various tribu-
nals, to regifter the laws, and exercife the judicial
power by indulging the petitions and remon-
ftrances of fubjedls, until by habit they are regard-
ed as rights a controul has been eftablifhed 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 exprefsly tolerated ; and the
public opinion muft be refpe&ed by a minifter, or
his place becomes infecure. Commerce begins to
thrive : and if religious toleration were eftablifhed,
and perfonal liberty a little more prote&ed, by giv-
ing an abfolute right to demand a public trial in a
certain reafonable time and the flates inverted

with

11

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
perfe&ion, 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 conftru&ion of free governments,
in which the happinefs of life, and even the fur-
ther progrefs of improvement in education and
fociety, in knowledge and virtue, are fo deeply
interefted, fhould have remained at a full ftand
for two or three thoufand years ? According to a
flory 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. Reprefentatipns, inftead of collec-
tions, of the people a total feparation of the
executive from the legiflative 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-
tution of a free government, fince the inftitution
of Lycurgus. Even thefe have been fo unfortu-
nate, that they have never fpread : the firft has been
given up by all the nations, excepting one, who
had once adopted it; and the other two, reduced
to practice, if not invented, by the Englifh nation^
have never been imitated by any other, except
their own defcendants in America. While it would
be rafh to fay, that nothing further can be done to

bring

Preface. iii

bring a free government, in all its parts, ftill near-
er to perfe&ion the reprefentations of the peo-
ple are moft obvioufly fufceptible of improvement.
The end to be aimed at, in the formation of a re-
prefentative aflembly, feems to be the fenfe of the
people, the public voice : the perfe6lion of the
portrait confifts in its likenefs. Numbers, or pro-
perty, or .both, fhould be the rule; and the pro-
portions of eletfors and members an affair of cal-
culation. The duration fhould not be fo long
that the deputy fhould have time to forget the
opinions of his conftituents. Corruption in elec-
tions is the great enemy of freedom. Among the
provifions to prevent it, more frequent 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 ftaoility 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
ariflocracies, if we recolle6l the miferies of Greece
which arofe from their ignorance of them. The
only balance attempted againfl the ancient kings
was a body of nobles ; and the confequences were
perpetual altercations of rebellion and tyranny,
and butcheries of thoufands upon every revolution
from one to the other. When the kings were
abolilhed, the ariflocracies 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
impoflible to read in Thucidydes, lib. iii. his ac-
count of the factions and confulions throughout
all Greece, which were introduced by this want
of an equilibrium, without horror. During the
few days that Eurymedon, with his trpops, conti-
nued at Corcyra, the people of that city extended
the mafTacre to ail whom they judged their ene-
mies. The crime alledged was, their attempt to
overturn the democracy. Some perilhed merely
through private enmity ; fome, for the money
they had lent, by the hands of the borrower.
Every kind of death, every dreadful acl, 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 : fadjons raged in every city ;
the licentious many contending for the Atheni-
ans, and the afpiring few for the Lacedaemonians.
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, plaufible knavery; he
who boiled with indignation, was truft-worthy ;
and he who prefumed to contradift, was ever fuf-

pecled.

Preface. V

peled. Connexion of blood was lefs regarded
than tranfient acquaintance: aflbciations 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 matter-pieces of cunning : the dupes
only blufhed, the villains moil impudently tri-
umphed. The fource of all thefe evils is a thiril
of power, from rapacious or ambitious paflions.
The men of large influence, fome contending for
the jult 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 mod daring proje&s, and moft dreadful ma-
chinations. Revenge, not limited by juflice 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 vidims 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 maffacres which hap*-
pened in only fixty of the moft polifhed years of
Greece: From Sybaris^oo nobles banifhed; of
Chians, 600 citizens ; at Ephefus, 340 killed,
jooo banifhed; of Cyrenians, 500 nobles killed,

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 Phials, in Corinth, in Megara, in Phliafia,
where they killed 300 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 banifhed 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 ^Egefta, 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 fufpected 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 fyflem as this to be recommended to
Americans, in this age of the world ? Human na-
ture is as incapable now of going through revo-
lutions with temper and fobriety, with patience
and prudence, or without fury and madnefs, as it
was among the Greeks fo long ago. The lateft

revolution

Preface. vii

revolution that we read of was conduced, at lead
on one fide, in the Grecian ftyle, with laconic
energy ; and with a little attic fait ; at leaft, without
too much patience, foreiight, and prudence, on
the other. Without three orders, and an effec-
tual balance between them, in every American con-
ftitution, it muft 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 uich an impoveriming
and deftru&ive 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 obje&ion to thefe governments is not be-
caufe they are fupported by nobles, and a fubor-
dination of ranks ; for all governments, even
the moft democratical, are fupported by a fubor-
dination of offices, and of ranks too. None ever
exifted without it but in a ftate of anarchy and
outrage, in a contempt of law and juftice, no bet-
ter than no government. But the nobles, in the
European monarchies, fupport them more by
oppoiing 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 poffeffion
of the gift of all employments ; but they fupport
it flill more by checking its miniflers, and pre-
venting them from running into abufes of power,
and wanton defpotifm : otherwife the people would
be puttied 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 Handing armies, and leave the nobles to
themfelves, and they would overturn every mo-
narchy in Europe, in a few years, and eredl 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, a&ive, and virtuous
prince, monarchy would be the belt of govern-
ments. But this is fb far from being admifiible,
that it will for ever remain true, that a free go-
vernment has a great advantage over a limpie
monarchy. The befl and wifeft prince, by means
of a freer communication with his people, and the
greater opportunities to collecl; the bell advice
from the bell of his lubjecls, would have an im-
menfe advantage in a free flate more than in a
monarchy. A fenate confilling of all that is mofl
noble, wealthy, and able in the nation, with a
right to counfel the crown at all times, is a check
to miniflers, and a fecurity againil abufes, that a
body of nobles who never meet, and have no fuch
right, can never accomplim. Another aflembly,
compofed of reprefentatives chofen by the peo-
ple in all parts, gives the whole nation free ac-
cefs, and communicates all the wants, knowledge,
projeds, and wiihes of the nation, to government;
excites an emulation among all clafles, removes
complaints, redreffes grievances, affords opportu-
nities of exertion to genius though in obfcurity,

and

Bsr

Preface. ix

and gives full fcope to all the faculties of man ;
opens a pafTage for every fpeculation to the legif-
lature, to adminiftration, and to the public : it
gives an univerfal energy to the human chara&er,
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 ftate, in a fimple monarchy, can never
know their friends from their enemies : cabals in
fecret undermine their influence, and blaft their
reputations. This occalions 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 ftate, 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 fufficient 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 limple monarchy; and as to difpatch,
all the iimple monarchies of the whole univerfc
maybe defied to produce greater or more examples
of it than are to be found in Englifh hiftory. An
Alexander, or a Frederic, poflefled 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 reftrained, indeed, from running mad, and

from

x Preface.

from making eonquefts 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
univeriity 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 fomeof the neceffaries, conveniencies, and or-
naments of life. Monarchies and ariftocracies
pay well and applaud liberally. The people have
almoft always expected to be ferved gratis, and
to be paid for the honour of ferving them ; and
their applaufes and adorations are beftowed too
often on artifices and tricks, on hypocrify and
fuperftition, on flattery, bribes, and largefles. It
is no wonder then that democracies and democra-
tical mixtures are annihilated all over Europe,
except on a barren rock, a paltry fen, an inaccef-
lible 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 fo fmall a number, lince the tranfgreflion
pf the firft pair: if they betray their truft,
their guilt will merit even greater punifhment
than other nations have fuffered, and the indig-
nation of heaven. If there is one certain truth to
be collected from the hiflory 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
preferved without a ftrong executive, or, in other
words, without feparating the executive power
from the legiflative. If the executive power, or
any confiderable part of it, is left in the hands
either of an ariftocratical or a democratical affem-
bly, it will corrupt the legiilature as necefTarily as
ruft corrupts iron, or as arfenic poifons the human
body; and when the legiflature is corrupted the
people are undone.

The rich, the well-born, and the able, acquire
an influence among the people, that will foon be
too much for fimple honefty and plain fenfe, in
a houfe of reprefentatives. The moft 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 moil
refpe&ed birth, and tranfcendant abilities, has no
influence in the nation, in comparifon of what he
would, have in a fingle reprefentative aflembly*
When a fenate exifts, the moft powerful man in
the ftate may be 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 objedl of ambition ; and
the richeft anil the rnoft 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 paflions ;
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.

C ".-

It was the general opinion of ancient nations,
that the divinity alone was adequate to the im-
portant office of giving laws to men. The Greeks
entertained this prejudice throughout all their
difperlions ; the Romans cultivated the fame po-
pular delufion ; and modern nations, in the con-
fecrations of kings, and in feveral fuperftitious
chimeras of divine rights in princes and nobles,
are nearly unanimous in preferving remnants of
it : even the venerable magiftrates of Amersfort
devoutly believe themfelves God's vicegerents.
Is it that obedience to the laws can be obtained
from mankind in no other manner ? Is the
jealoufy of power, and the envy of fuperiority 3
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 queftions concerning the
wants of the people; and his anfwers were record-
ed as laws for their government. The laws of
Lacedcemon were communicated oy Apollo to
Lycurgus; and, left the meaning of the deity
fhould not have been perfectly comprehended,
or corredly exprefled, 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-
rerfations with Egeria. The Greeks imported

thefe

. Preface. xiii

thefe myfteries from Egypt and the Eaft, whofe
defpotifms, from the remoteft antiquity to this
day, have been founded in the fame folemn em-
piricifm ; their emperors and nobles being all de-
fcendejd from their gods. Woden and Thor were
divinities too ; and their pofterity ruled a thou-
fand years in the north by the ftrength of a like
credulity. Manco Capac was the child of the
fun, the vifible deity of the Peruvians ; and tranf-
mitted his divinity, as well as his earthly dignity
and authority, through a line of incas. And the
Tudefl tribes of favages in North America have
certain families under the immediate protedlion
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 ere&ed on the limple principles of na-
ture : and if men are now fufficiently enlightened
to difabufe themfelves of artifice, impofture, hy-
pocrify, and fuperftition, they will confider this
event as an sera in their hiflory. Although the
detail of the formation of the American govern-
ments is at prefent little known or regarded ei-
ther in Europe or in America, it may hereafter be-
come an objedl of curiofity. It will never be
pretended that any perfons employed in that fer-
vke had any interviews with the gods, or were
in any degree under the infpiration of heaven,
any more than thofe at work upon fhips or
houfes, or labouring in merchandife or agricul-
ture : it will for ever be acknowledged that thefe? m
governments were contrived merely by the ufe oF

reafon

xiy Preface.

reafon and the fenfes. As Copley painted Chatham,
Weft, Wolf, and Trumbull, Warren, and Mont-
gomery; as Dwight, Barlow, Trumbull, and
Humphries compofed their verfe, and Belknap
and Ramzay hiftory; as Godfrey invented his
quadrant, and Rittenhouie his planetarium ; as
Boylfton pra&ifed inoculation, and Franklin
electricity; as Paine expofed the miftakes of
Raynal, and Jefferfon thole of Buffon, fo unphi-
lofophically borrowed from the Recherches Phi-
lofophiques fur les Americains, thofe defpicable
dreams of De Paw neithpr the people, nor
their conventions, committees, or fab-commit-
tees, conlidered' legiilation in any other light
than ordinary arts and fciences, only as of more
importance. Called without expe&ation, and com-
pelled without previous inclination, though un-
doubtedly at the befl period of time both for
England and America, to erect fuddenly new
fyftenis of laws for their future government,
they adopted the method of a wife architect,
in creeling a new palace for the relidence of his
fovereign. They determined to confult Vitru-
vius, Palladio, and all other writers of reputa-
tion in-^he art; to examine the moft 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 ihould be done, as far
as their circumftances would allow, to adopt
the advantages, and reject the inconveniencies, of
all. ^ UnembarrafTed by attachments to noble
families, hereditary lines and fuccefiions, or any
confiderations of royal blood, even the pious

myftery of holy oil had no more influence than

*> \,-\. i

that

Preface, xv

that other of holy water : the people univerfally
were too enlightened to be irnpofed 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 myflery, 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 tonger be called in queftion,
whether authority m magiftrates, and obedience
^of citizens, can be grounded on reafon, mora-
lity, and the Chriftian religion, without the
monkery of priefls, or the knavery of politi-
cians. As the writer was perfonally acquaint-
ed with moft of the gentlemen in each of
the flates, who had the principal ihare in the
firft draughts, the following letters were really
written to lay before the gentleman to whom
they are addrefled, a fpecimen of that kind of
reading and reafoning which produced the Ame-
rican conftitutions.

It is not a little furprifing that all this kind of
learning fhould have been unknown to any illuf-
trious philofopher and ftatefman, efpecially one
who really was, what he has been often called,
<e 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 vifions. 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 queftions : circumftances, however, have
lately occurred, which feemed to require that
fome notice mould 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 effe6t of
fome importance to their country. The fubjecl:
is the moft interefting that can engage the un-
derftanding or the heart; for whether the end f)
of man, in this ftage of his exiftence, be en-
joyment or improvement, or both, it can never
be attained fo well in a bad government as a
good one.

The practicability or the duration of a repub-
lic, in which trfere is a governor, a fe"nate, and
a houfe of reprefentatives, is doubted by Taci-
tus, though he admits the theory to be lauda- .
ble : " Cunclas ' nationes et urbes, populus; g.
<c aut priores, aut finguli, regunt. Delela ex
" his et conftituta reipublicss forma, laudari
<e facilius quam inveniri; vel, fi evenit, haud
" diuturna effe poteft." Ann. lib. iv. Cicero
afferts " Statuo efle optime "conftitutam rem-
" publicam, quce 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 paflages that have been
preferred, it is very probable he entered more
largely into an examination of thecompofition of

monarchical

Preface. xvii

monarchical republics than any other ancient
writer. He was fo far from apprehending cc dif-
" putes" from a variety of orders, that he affirms
it to be the firmed 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 fkilful compofition, they pro-
duce rapture the moil exquiiite that harmony can
excite ; but if they are confufed together without
order, they will

*- Rend with tremendous found your ears
" afunder."

" Ut in fidibus ac tibiis, atque cantu ipfo,
<c a vocibus concentus eft quidam tenendus ex
<c diftinclis fonis, quern immutatum ac difcre-
ec pantem aures eruditse ferre non poffunt; if-
" que concentus, ex dijjimillimarum vocum mode-
" ratione, concors tamen efficitur et congruens : fie
" ex fummis et infimis et mediis interjeflis ordi-
" nibusy ut fonis, moderata ratione, civitas con-
cc fenfu diiTimillimorum concinit ; et quae har-
<c monia a muficis dicitur in cantu, ea eft in
" civitate concordia ardiffimum atque optimum
" omni in republica vinculum incolumitatis ;
" quas fine juftitia nullo pa6lo efle 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 mould 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 poflible rule, meafure, and fecurity of

juftice,

XV111

Preface.

juftice, can be fure 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 fhould be reprefented in the le-
giilature, and decide the rule of juftice. " Ref-
<c publica eft res populi. Populus autem non
" omnis coetus multitudinis, fed coetus juris con-
" fenfu, et utilitatis communione fociatus."
Frag, de Rep.

" Refpublica res eft populi, cum bene ac jufte
" geritur, five ab uno rege, five a paucis opti-
" matibu, five ab univerfo populo. Cum vero
fc injuftus eft rex, quern tyrannum voco ; aut in-
tc jufti optimates, quorum confenfus faclio eft ;
" aut injuftus ipfe populus, cui nomen ufitatum
" nulluni reperio, nifi ut etiam ipfum tyrannum
" appellem ; npn jam vitiofa, fed omnino nulla
" refpublica eft; quoniam non eft res populi, cum
" tyrannus earn fa6liove capefTat ; nee ipfe po-
<e pulus eft fi fit injuftus, quoniam non eft multi-
<c tudinis juris confenfu, et utilitatis unione focia"
" ta." Frag, de Repub.

" Ubi vero juftitia non eft, nee jus poteft efle;
" quod enim jure fit/ pro fefto jufte fit; quod au-
" tern fit injufte, nee jure fieri poteft. Non enim
" jura dicenda funt, vel putanda, iniqua hominum
" conftituta, cum illud etiam ipfi jus efle dicant
<c quod de juftitias fonte manaverit; falfumque
cc fit, quod a quibufdam non recle fentientibus
cc dici folet, id jus efle, 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, eipecially when limited by two inde-
pendent branches, an ariftocratical and a demo-

cratical

Preface. xix

cratical power in the conftitution, may with ftrift
propriety be called by that name.

If Cicero and Tacitus could revifit the earth,
and learn that the Engliih nation had reduced
the great idea to practice, and brought it nearly
to perfection, by giving each divifion a power
to defend itfelf by a negative ; had found it the
mod folid and durable government, as well as
the mod 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
greateft phiiofophers 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 morere-
prehenfible than the Cappadocians, if they fhould
Men to fuch advice. It would have been much
to the purpole to have inferted a more accurate
inveftigation of the form of government of the
ancient Germans and modern Indians; in both,
the exiftence of the three divifions of power is
marked with a precifion that excludes all contro-
verfy. The democratical branch, efpecially, is
fo determined, that the real fovereignty reiided in
the body of the people, and was exercifed in the
afTembly of king, nobles, and commons together.
Thefe inftitutions, really colledled all authority in-
to one centre of kings, nobles, and people. But
finall 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
pf 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 fUll further re j
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 legiflators are experiments made
on human life and manners, fociety and govern-
ment. Zoroafter, 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 finifhed in many thou-
^ fands of years. The experiment of Lycurgus
lafted feven hundred years, but never fpread be-
yond

Preface. xxi

yond the limits of Lacoriia. 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
her judgment againft mixing the authority of the
one, the few, and the many, confufedly in one
aflembly, 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 whiqh 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 arid Romans ; and out of all
have made that noble compofition, 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 lingle monarchy at once, it
would have been lefs 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 fubje6t. To col-
left together the legiilation 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, /7S7-

CONTENTS,

JLIST OF THE SUBSRIBERS.*

A

REV. James Abercrombie, A. M. Philadelphia
Rev. John Andrews, Newburyport
Fifher Ames, Efq. member of the Houfe of Representatives of

the United States

Mr. Samuel Anderfon, Philadelphia
Robert Andrews, do.

Jonah Hewes Anthony, do.
William AUine, Bofton

James Arthur, book-feller* Cheftertown, Maryland, it
copies

B

John Blackwood, Efq. New-Jerfey

Phineas Bond, Efq. Conful-General of His Britannic Majcfty,

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, Maflachufetts

* Should any inaccuracies or omiffions appear in this refpe&able lift,
the patrons of the work are requefted to afcribe them to the difficulty
of obtaining timely communications from diftant correfpondents, to
the imperfeft manner in which names are ufually written on a fub-
fcription lift, or to any other caufe except that of want of gratitude
and refpeft on the part of the publiflier.

Lift of Subfcribers.

Mr. Jofeph Barrett, Bofton
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 :. t rt<

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. .12 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, Gloucefter County, New-Jerfey
Thomas Dobfon, book-feller, Philadelphia, 12 copies

E

George Ege, Efq. memb. of the Legif. of Penn.
,Mr. -William Englifh, New-York
Simon Elliot, Bofton

F
Dwight Fofter, Efq. memb. of the H. of Rep. of the U. S.

Lift of Subfcribers.

Nathaniel Freeman, Efq. memb. of the H. of Rep. of the U. 6
Mr. John Fenno, Philadelphia

Eliflia Fifher, do.

John Ferrifs, jun. Wilmington, Del.

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, Efa. 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, Maflachufetts

Col. Jofhua Howell, New-Jerfey

Col. T. Glafs, Hefton, 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, Montgomery County, Pennfylvania

James Henderfon, Peterlburgh, Virginia

Chriftopher Heydrick, Chefnut Hill

J. E. -Howard, Philadelphia

Samuel Hall, Bofton, 3 copies

James Hughes, Bofton

B. Humphreville, Annapolis

George Hill, book-feller, Baltimore, to copies

Mr. Cyrus Jacobs, Lancafter County, Pennfylvania

Lift of Sulfcribcrs*

Mr. George Jennings, Hagerilown, Maryland

K
Mr. Hazen Kihiball, Concord, New-Hampfhire

L

Robert tifton, 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, Maflachufetts

J. Lee, jun. Bofton

N. C. Lee, do.

David Lewis, Philadelphia

Jacob Lahn, book-feller, Lancaster, 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 Perm.
A. M'Lane, Efq. Duck-Creek, Delaware
Meflrs. Morgan & Wigmore, Philadelphia
Mr. Michael Margrath, do.

Wm. Maiben, do.

John Morrifon, Peterftmrgh, Virginia

Francis Muir, do.

James M'Farland, do.

Daniel Mafon, Chelfea, Maflachufetts

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, Eafton, Maryland, 12 copied
Jofeph Nancrede, book-feller, Bofton, 3 copies

O

Davies Old, Efq. Lancafter County, Penn.

Samuel Ogden, Efq. Newark, N. Jerfey

Mr. John Ormrod, book-feller, Philadelplu'a, 25 copies*

Lift of Subfcribers.
P

Mr. Edward Pennington, Philadelphia

Samuel P. Paul. N. Jerfey

Robert Pain, Bofton

John Phillips, Andover, Maffachufetts

Wm. Parfons, Bofton

James Perkins, do.

Graham Parfons, do.

Jofeph Parotte, Annapolis

Meflrs. Pritchard & Davidfon, book-fellers, Richmond, Virginia,
30 copies

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Richard Rundle, Efq. do.

Herman Witfms 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. Rufiell, Prefqu'ifle

David Robertfon, Peterfburgh, Virginia

Duncan Rofe, do.

Henry Rigal, Philadelphia

S

Ld. Hemy 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. of 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 Sergent, jun. do.

Jonathan Shaw, Raynham, Maflachufetts

VOL. I. e

Lift 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 Britain
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, Mafiachufetts
Alexander Turner, Philadelphia
Richard B. Thompfon, do.

W

The Right Rev. Biftiop White

Wm. Walter, D. D. Reftor of Chrift Church, Bofton
Rev. Henry Ware, Hingham, Maffachufetts
ThomaB Wilkins, Efq. Swedefborough, N. Jerfey
A. D. Woodruff, Efq. New-Jerfey
James Warrington, Efq. S. Car.
Dr. Ifaac Wafburn, RaynhanvMaffachufetts
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

Meffrs. Young, Mills & Son, book-fellers, Philad. 10 copies

CONTENTS.

CONTENTS.

LETTER PAGE

I. pReliminary Observations 3

II. 5

DEMOCRATICAL REPUBLICS.

III. St. Marino 8

IV. Biscay 16
The Grisons 21
The United Provinces of the Low

Countries 22

V. Switzerland . ib.

. Appenzel 23

VI. Underwald 26

VII. Claris 28

VIII. Zug 3I

IX. Vri

XXX

CONTENTS.

LETTER

IX. Uri
X. Switz

PAGE

34

ARISTOCRATICAL REPUBLICS.

XI. Berne

XII. Fribourg *

XIII. Sokure ~

XIV. Lucerne
XV. Zurich ~

XVI. Schaffhause

Mulhouse Bienne -

XVIL St. Gall , +-

Geneva -

XVIII. Lucca Genoa

XIX. Venice
The United Provinces of the Low

Countries

35

39
42

45
47
49

52
56
58

69

MONARCHICAL REPUBLICS,

XX. England * <
XXI.

xxii,

XXIII. Recapitulation - -

70

7
74

ANCIENT

CONTENTS.

BETTER 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

XXVIII. Montesquieu 153

ANCIENT REPUBLICS, AND OPINIONS C?F
PHILOSOPHERS.

XXIX. Harrington 158

XXX. Polybius 169

XXXI. Polylius 177

XXXII. Dionysius Halicarnassensis Va-

lerius 184

XXXIII. Plato ' 1 88

XXXIV. Sir Thomas Smith ~~~ 207

ANCIENT DEMOCRATICAL REPUBLICS.

XXXV. Carthage 210

ANCIENT

sxxii CONTENTS.

1ETTER PAGE

ANCIENT ARISTOCRATICAL REPUBLICS.

XXXVI. Rome 215

ANCIENT MONARCHICAL REPUBLICS.

XXXVII. Tacitus 225

XXXVIII. Homer Phtacia 232

XXXIX. Homer Ithaca 237

Homer 243

ANCIENT ARISTOCRATICAL REPUBLICS.

^ XL. Lacedamon -* 249

ANCIENT DEMOCRATICAL REPUBLICS.

XLI. ^<w 260

XLII. dntalcidas 286

XLIII. Achaia 295

XLIV. Crete 305

XLV. Corinth 308

XL VI. Argos 311

XLVII. Iphitus 315

XLVIII. rfeiw 318

ANCIENT ARISTOCRATICAL REPUBLICS-

XLIX. Crotona Pythagoras 322

ANCIENT

CONTENTS. xxxiii

\,

LETTER PAGE
ANCIENT DEMOCRATICAL REPUBLICS-

L. SylarisCharondas 327

LL Locris^-Zaleucus -** 331

LII. Rome 334

CONCLUSION.

LIII. Congress 362;

LIV. Locke, Milton* and Hume 365

LV Conclusion 372

Postscript 383

LETTER

v- . r ^v.

^ OF THE X

tTNIVERSITY \

~

LETTER i.

Oflober 4.,

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 greateft
ftatefmen, legiflators, and philofophers of all en-
lightened nations, ancient and modern.

Mr. Turgot, in his letter to Dr. Price, con-

feffes, <c 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.

: Inftead of collecting all authority into one cen-

" tre, that of the nation, they have eftablifhed

VOL. I. A different

4 Preliminary Olfervations.

" different bodies, a body of reprefe natives, 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 thefe different powers, as if this eqiii-
" 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 ail the citizens, and as if
" eftablifhing 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 ftate, who
have entertained fentiments fimilar to thefe of Mr.
Turgot. Two or three of them have eflablifhed
governments upon his principle : and, by ad-
vices from Bofton, certain committees of coun-
ties have been held, and other conventions pro-
pofed in the MafTachufetts, with the exprefs pur-
pofe of depofing the governor and fenate as ufe-
lefs and expenfive branches of the confthution ;
and as it is probable that the publication of Mr*
Turgot's opinion has contributed to excite fuch
difcontents among the people, it becomes nece
fary to examine it, and, if it can be fhown to be
an error, whatever veneration the Americans very
juftly entertain for his memory, it is to be hoped
they will not be mi fled by his authority*

LETTER

f ^T** <

ITTHIV

\4^|t^ :
Preliminary Obfervations. 5

LETTER II.

My dear Sir,

MR. Turgot is offended, becaufe the cuftoms
of England are imitated in moft 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 thole cuftoms were wife,
juft, and good, and calculated to fecure the li-
berty, property, and fafety of 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-
" 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 confifted of three
branches, that fuch a divifion of power was
adopted by the ftates, as becaufe their own af-
femblies had ever been fo conftituted. 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.

Preliminary Qbfe

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 dik
cufs the notions of an author, we fhould be care^
ful to afcertain his meaning. It will not be eafy,
after the moft anxious refearch, to difcover the
true fenfe of this extraordinary pafTage. 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 fimply congregated together,
there is no political authority among them; nor any
natural authority, bur 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 mufi be an
unanimous agreement to form themfelves into a
nation, people, community, or body politic, and to
be governed by the majority of fuffrages 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, fhould flop here, and have no other au-
thority

Preliminary Olfervations. tj

thority by which to make or execute a law* oy
judge a caufe, but by a vote of the whole peo*
pie, and the decifion of a majority! Where is
the plain large enough to hold them ; and what
are the means, and how long would be the time,
neceflary to afTemble them together ?

A iimple 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 legiflative, 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 legislator and
judge, and the conftable Iheriff, for the moft
part; and, upon more important occafions, com-
mittees would be only the counfellors of both the
former, and commanders of the latter.

Shall we fuppofe then, that Mr, Turgot in-
tended, that an aflembly of reprefentatives mould
be chofen by the nation, and vefted with all the
powers of government; and that this aflembly
fhall be the centre in which all the authority (hall
be colle&ed, and fhall be virtually deemed the
nation. After long refle&ion, I have not been
able to difcover any other fenfe in his words, and
this was probably his real meaning. To examine
this fyflem in detail may be thought as trifling an
occupation, ; as the laboured reafonings of Sidney
and Locke, to mew 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

'V-

8 Democratic a I Repullics.

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 colle&ing a variety of authorities
againft it.

LETTER III.

ST. MARINO.

My Dear Sir,

SOCIETY f g oc * s would govern them-
" felves democratically," fays the eloquent
philofopher of Geneva; who however would
have agreed, that his " gods" muft not have
been the claffical deities; iince 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 infufficient to hold
them 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 furprifmg, if, among all the nations
that have exifted, not one has difcovered a fccret
of fo much importance. It is not neceflary for
us to prove that no fuch government has exifted ;
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 pradicabi-

<$/< Marino. 9

lity or impracticability, the utility or inutility, of
a limple 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 philofophers and hiitorians, 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 fatisfadtion to our curioiity
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 itates 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 iimple democracy; and, 2. Whe-
ther, if it were fuch, it is not owing to particu-
lar circumftances, which do not belong to any
other people, and prove it to be improper for any
other, efpecially the United States of America,
to attempt to imitate it.

The republic of St. Marino, as Mr. Addifon
informs us, ftands on the top of a very high
and craggy mountain, generally hid among the
clouds, and fometimes under Ihow, even whea
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 caitles, three convents, and five

churches,

Democratical Republic

s.

churches, and reckon about five thoufand fouls iri
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 finiihed 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 fanclityj
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 discretion* 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. Jftis ftatue ftands 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
blefled Virgin. In their ftatute-book is a law
againft fuch as fpeak difrefpectfully of him, who
are to be punilhed in the fame manner as thofe
who are convicted of blafphemy. This petty
republic has lafted thirteen hundred years, while
all the Qther ftates of Italy have feveral times
changed their matters and forms of government^
Their whole hiftory coniifts in two purchafes ojf
a neighbouring prince, and two wars, in which
they affifted the pope againft a lord of Rimini.

They would probably fell their liberty as dear
as they could to any that attacked them ; for
there is but one road by which to climb up to

them.

St. Marino. n

them* All that are capable of bearing arms, are
exercifed, and ready at a moment's call.

The fovereign power of the republic was
lodged, originally, in what they call the arengo y
a great council, in which every houfe had its re-
prefentative j 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
Hill called together in cafes of extraordinary im-
portance; and if, after due tummons, any mem-
ber abfents himfeif, he is to be fined. In the
ordinary courfe of government, me council of
iixty, which, notwithftanding the came, 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 (land 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 ele&ion.
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 cafitaneos fix or feven times, though the
office is never to be continued to the fame perfons
twice fucceffively. 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 obftrudt the courfe of juftice, if
one of their own number had the diftribution of
it, they have always a foreigner for this employ,

VOL. I. B whom

1 z Democratic at Republics.

whom they choofe for three years, and maintain
out of the public ftock. He muft be a do&or
of law, and a man of known integrity. He is
joined in commiffion with the capitaneos, and a6ts
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 tincture 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 initance 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 perfon al property, as well as
all who had no property; yet even fuch an
agrarian, it feems, was not a fufficient check
to licentioufnefs, and they found it neceflary to
inftitute a fenate of forty men. Here, at leaft,
commenced as complete an ariftocracy as that of
ancient Rome; or, to exprefs it more exadly, 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 illaftriffima republicd Sanfii
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 witnefles to two
mftruments of purchafes made at feventy years
diflance from one another, one in noo, the other
in 1170, 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 defire to continue the
fame blood and the fame names in public em-
ployments, like the Oranges, Fagels, De Lin-
dens, &c. in Holland, and like innumerable other
examples in all nations.

Another remarkable circumftance is, the reluc-
tance of the citizens to attend the afiembly of the
arengOy which obliged them to make a law, oblig-
ing themfelves to attend, upon a penalty. This is
a defeat, and a misfortune natural to every de-
mocratical conflitution, and to the popular part
of every mixed government. A general or too
common diiinclination to attend, leaves room for
perfons and parties more a&ive to carry points
by faftion and intrigue, which the majority, if
all were prefent, would not approve.

It is curious to fee how many checks and li-
mitations are contrived for this legiilative afTem-
bly. Half nobles, half plebeians all upwards
of five-and-twenty years old two-thirds rnuil
agree no fon can lit with his father ; never two
of the fame family.

The capitaneos have the executive, like the Ro-
man confuls, and the commhTary has the judi-
cial.

J4 Democratical Republics.

cial. Here again are remarkable limitations :
he muft be a foreigner, and he is for three years.
This is to give fome degree of ftability to the ju-
dicial power, and to make it a real and powerful
check both to the executive and legiflative.

We are not indeed told whether the council of
forty are eleded annually or for life. Mr. Addi-
fon may, from his well-known character, be fup-
pofed 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 mew incon-
teftibly, that St. Marino is by no means a per-*
feel: democracy. It is a mixture of monarchy,
ariftocracy, and democracy, as really as Sparta
or Rome were, and as the Maffachufetts, New-
York, and Maryland now are, in which the pow-
ers of the governor, fenate, and aflembly, are more
exaclly afcertained and nicely balanced, but they
are not more diftincl: than thofe of the cafitaneos,
council of forty, and the arengo are in St. Ma-
rino.

Should it be argued, that a government like
this, where the fovereignty reiides 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, refided 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 aflemblies, to whom the exercife of fove-
reignty is committed, are annually chofen. Go-
vernments more democratical never exifted ; they
are vaftly more fo than St. Marino. Yet the an-
nual adminiftration is divided into executive, le-
giflative, and judicial powers ; and the 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 furpriiing. In fo fmall a ftate, where
every man perfonally knows every other, let the
form of government be what it will, it is fcarcely
poflible 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 aflembling the whole, and apprehenlive
of an exertion of their ftrength.

The poverty of this people appears, by the
fine of one penny impofed upon ablence from the
arengo ; and by the law, that an ambaflador
mould 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 phyliciau'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 Democratical Republics.

of a few cows, fheep, goats, fwine, poultry, and
pigeons, on a piece of rocky, fnowy 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 poflibly
half a million of people, and in each of the
other, at leafl thirty thoufand, fcattered over a
large territory.

Upon the whole, a ftronger proof cannot be
adduced of the neceflity 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,

IN 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 fince re-
ligned all their pretenfions 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 fome of

the

Bifeay* 17

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
Cantab ria. 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 thole who
were in pofieflion of the lordfhip, reduced them
to a treaty by which they united their country,
under the title of a lordmip, with G.jflile, 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 iniifted on, is not to have
a king : another was, that every new lord, at his
acceflion, mould come into the country in perfon,
with one of his legs bare, and take an oath to
preferve the privileges of the lordmip. The pre-
lent king of Spain is the firfl who has been com-
plimented with their confent, that the oath fhould
be adminiftered at Madrid, though the other hu-
miliating and indecent ceremony has been long
laid afide.

Their folicitude for defence has furrounded
with walls all the towns in the diftrid. They

are

l8 Democratical Republics.

are one-and-twenty in number ; the principal of
which are, Orduna, Laredo, Portugal ete, Duran-
go, Bilbao, and St. Andero. Bifcay is divided
into nine merindades, a fort of jurifdi&ion like a
bailiwick, beiides the four cities on the coaft.
The capital is Bilbao. The whole is a colle&ion
of very high and very fteep mountains, rugged
and rocky to fuch a degree, that a company of
men pofted on one of them might defend itfelf as
long as it could fubfift, by rolling rocks on their
enemy. This natural formation of the country,
which has rendered the march of armies im-
pra&icable, 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
foldiers and failors in Spain, and even of the beft
courtiers, many of them having, by their wit
and manners, raifed themfelves into offices of con-
fequence under the court of Madrid. Their va-
luable qualities have recommended them to the
sfteem of the kings of Spain, who have hitherto
left them in pofleflion 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 mafia cred all the officers ap-
pointed to collect 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 moft of them into
the fea, which difcou raged the court from pur-
fuing their plan of taxation ; and {ince that time
the king has had no officer of any kind in the
lordfhip, except his corregidor.

Many writers afcribe their flouriftring com-
merce

Bifcay* 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; inftead of miferable
huts, built of mud, and covered with ftraw, you
fee the country full of large and commodious
houfes and barns of the farmer ; the lands well
cultivated; and a wealthy, happy yeomanry. The
roads, fo dangerous and impaffable in moil 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 colle6led
into one centre ; there are, on the contrary, as
many diftinft governments as there are cities and
merindades. The general government has two
orders at leaft ; the lord or governor, and the bi-
ennial parliament. Each of the thirteen fub-
ordinate diviiions 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 juilice, its twelve regidores or counfel-
lors, attorney-general, &c. and by all thefe, af-
fembled in the coniiftorial palace under the titles
of con$ejo, jitflicia, 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 nmft by law be elected, as well
as 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 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,
iindics, fecretaries, and treafurers, muft be no-
bles, at leaft knights, and fuch as never exer-
cifed any mechanical trades themfelves or their
fathers. Thus we fee the people themfelves have
eftablifhed by law a contracted ariftocracy, under
the appearance of a liberal democracy. Ameri-
cans, beware!

Although we fee here in the general govern-
ment, and in that of every city and merindad,
the three branches of power, of the one, the
few, and the many ; yet, if it were as democra-
tical as it has been thought by 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 difpontion to divilion, fo apparent in all de-
mocratical governments, however tempered with
ariftocraticai and monarchical powers, has fhewn
itfelf, in breaking off from it Guipufcoa and Ala-
ba ; and the only prefervative of it from other
divifions, has been the fear of their neighbours.
They always knew, that as foon as they fhould
fall into factions, or attempt innovations, the
court of Spain would interpofe, and prefcribe
them a government not fo much to their tafte.

TH-fc

The Grifons. Zi

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 Jurifdi&ions. 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 elect andinftrud:
their deputies for the general diet, which is held
once a year. Each league elects alfo its chief or
prefident, who prefides at the dietes, each one in
his league. The general diet aflembles 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 aflemblies, they hold congreffes
whenever the neceffities 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 diftinclion 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 almofl 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 Overyflell, and
perhaps in the city of Dort, certain remnants of
democratical powers, the fragments of an ancient
edifice, which may poffiblybe re-erecled; but as
there is nothing which favours Mr. Turgot's idea,
I fhall pafs over this country for the prefent.

LETTER V.

SWITZERLAND.

My dear Sir,

T is commonly faid, that ibme 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 fome of thofe republics, and the other in the
reft, they are juft enough ; but there is neither a
iimple democracy, norafnnpleariftocracy, among
them. The governments of thefe confederated

ftates,

i

Switzerland. 23

ftates, like thofe of the United Provinces of the
Netherlands, are very complicated, and there-
fore very difficult to be fully explained; yet the
moft fuperficial inquirer will find the moft evi-
dent traces of a competition 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 Simplicity 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 furpriiing, among fo much freedom,
though among rocks and herds, to hear of lite-
rature, and men of letters who ^re an ornament
to their country.

Never-

24 Democratical Cantons.

Neverthelefs, this fimple people, fo fmall in
number, in fo narrow a territory, could not agree.
After a violent conteft, in which they were in
danger of a civil war, by the mediation of the
other cantons, at the time of the Reformation,
they agreed to divide the canton into two por-
tions, the Outer and the Inner Appenzel, or
Rhodes Exterior and Rhodes Interior. Each dif-
trict has now its refpedlive 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 aflembly,
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 lefler ones, each of which has
fixteen counfellors, among whom are always two
chiefs. The grand council in the Interior Rhodes,
as allb the criminal jurifdi6Hon, is compofed of
one hundred and twenty-eight perfons, who'af-

femble

Appenzel. 25

Femble twice a year, eight days after the general
aflembly, and at as many other times as occafions
require. Moreover, they have alfo the little
council, called the weekly council, becaufe it
meets every week in the year. The exterior
Rhodes are now divided into nineteen communi-
ties ; and the fovereignty of them confifts in the
double grand council of the country, called the
old and new council, which aflembles once a year,
eight days after the affembly 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-five perfons ; the reign-
ing land amman preiides. After this comes the
little council from before the fittern, which is
held every firft Tuefday of each month at Tro-
gen ; the reigning land amman is the prefident,
to whom always aflifts, 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 prefidency of the reigning land am-
man, whenever occafion requires ; it is held at
Herifaw, Hundwyl, or Urnaefchen : at it aflift
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-
mitiye fimplicity, one would think might live
very quietly, almoft without any government at
all ; yet, inftead of being capable of collecting

all

z6 Democratical Cantons.

all authority into one affembly, 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 affemblies. This is furely no fimple de-
mocracy. Indeed a fimple democracy by repre-
fentation is a contradi&ion in terms.

LETTER VI.

UNDERWALD.

My dear Sir, '<^>v

r | ^ H E canton of Underwald confifts only of
JL 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 imperfedly 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 refpedl to
its interior concerns, its land amman, its officers
of adminiftration, and its public affembly, com-

pofed

Underwald. 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
feven, 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 counterpoife the democratical affem-
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-
led all authority into one centre ? Are there not
three aflemblies here to moderate and balance
each other? And are not the executive and judi-
cial powers feparated from the legiflative ? Is it
not a mixed government, as much as any in
America ? Although its conftitution is not by any
means fo well digefted as ten at leail of thofe of
the United States ; and although it would never
be found capable of holding together a great
.nation ?

LETTER
VOL. I. D

2 8 Democrat ical Cantoris.

f

LETTER VII.

G 1 A R I S.

My dear Sir,

THE canton of Claris is a mountainous
country, of eight miles long and four wide,
according to their own authors, perhaps intend-
ing German miles ; but twenty-five miles in length
and eighteen in breadth, according to fome Eng-
lifh accounts. The' commerce of it is in cheefe,
butter, cattle, linen, and thread. Ten thou-
iand cattle, and four thoufand fheep, paftured
in fummer upon the mountains, conftitute their
wealth.

The inhabitants live together in a general equal-
ity, and moft perfeclf harmony; even thofe of
the different perfuaiions of Catholics and Protef-
tants, who fometimes perform divine fervice in
the fame church, one after the other : and all the
offices of ftate are indifferently adminiftered by
both parties, though the Proteftants are more in
number, and fuperior both in induftry and com-
merce. All the houfes are built of \vood, large
and folid, thofe of the richeft inhabitants differ-
ing only from thole 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 cornpenfate
for a want of the refinements of luxury. There
are none fo rich as to gain an afcendencyby lar-
gefTes. If they err in their councils, it is an
error of the judgment, and not of the heart. As

there

Claris. 29

there is no fear of invafion, and they have no con-
quefts to make, their policy confifts in maintain-
ing their independence, and preferving the pub-
lic tranquillity. As the end of government is the
greateft happinefs of the greateft number, faving
at the fame time the ftipulated rights of all, go-
vernments like thefe, where a large mare 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
flavery. Their hiflory is full of examples of vic-
tories obtained by fmall numbers of men over
large armies. In 1388, the Auftrians made an
irruption into their territory, with an army of fif-
teen thoufand men; but, inftead of conquering
the country as they expe6ted, in attacking about
four hundred men pofted on the mountains at
Nsefel, they were broken by the ftanes rolled
upon them from the fummit : the Swifs, at this
critical moment, rumed 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 preferve fo large a mare to themfelves
in their legiflature, while they temper their con-
ftitution, at the fame time, with an executive
power in a chief magiflrate, and an ariiiocratical
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 fovereign ty refides ia

the

4-

3<D Democratical Cantons.

the general aflembly, 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-
niihes 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 aflembly, are diftmc~tly
marked. It is, however, but imperfe&ly 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
rich people. If this canton could extend its do-
minion,

minion, or greatly multiply its numbers, it would
foon find the neceffity 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 ricfi, 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
poflefs the fovereignty; the city of Zug is two,
and the country three, Mentzingen, Egeri, and
Bar. The government is very complicated, and
the fovereignty reiides in the general aflembly of
the five quarters, where each male perfon of fif-
teen years of age has admittance and a voice. It
afTembles annually to ena6t 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 furnifti al-
ternately the land amman, the head or chief of
the ftate, who muft always reiide at Zug with the
regency of the country, although he is chofen
by the fuffrages of all the quarters colle&ively.
He continues three years in office when taken
from the diftrift of Zug, and but two when cho(-
en from any of the others.

The

32 Democratical Cantons.

The council of regency to whom the general
adminiftration of affairs is intruded, 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 mifapplication of words to call
this government a fimple democracy; for, al-
though the people are accounted for fomething,
and indeed for more than in moft 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,
ariftocratical, 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,

E canton of Uri, the place of the birth
and reiidence 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 genofla-
men, or inferior communities. It has no city.
Altdorf, where the general afTemblies are held,
and the land am man and regency refides, is the
principal village.

The land amman and the principal magiftrates
are ele&ed in the general afTembly, 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 genofTamen,
though they refide at the capital borough. From
this council are taken all the neceflary offi-
cers.

There are two other councils; one called the
chamber of feven, and the other the chamber of
fifteen, for the management of lefler 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 fubjecl: 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 aflembly of bur-
gefTes, its courts of juftice and militia, although
it is faid there is not a iingle horle in the whole
empire. Such a diminutive republic, in an ob-
fcure corner, and unknown, is interefling to
Americans, not only becaufe every fpot of earth
on which civil liberty rlourilhes delerves their ef-
teem, but upon this occafion is particularly im-
portant,

34 Democratical Cantons. Switz.

portant, as it fhews the impoflibility of ere&ing
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 firfl 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 aflembly 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 neceflary 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

Ariftocratical Cantons* Berne* $5

LETTER XL
ARISTOCRATICAL REPUBLICS*

THE CANTON OF BERNE*

My dear Sir,

IT is fcarcely poflible to believe that Mr. Tur-
got, by colle&ing all authority into one cen-
tre, could have intended an ariftocratical 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, ariftocracy, 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 fubje6l if we
proceed to the ariftocracies and oligarchies ; for
we mall find all thefe under a necefiity of eftab-
lifhing orders, checks, and balances, as much as
the democracies. As the people have been al-
ways neceflitated to eftablifh monarchical and
ariftocratical powers, to check themfelves from
rufhing into anarchy ; fo have ariftocratical 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 legif-
lative power, and the power of making peace,
war, and alliances, and is compofed of two hun-

VOL. I. E dred

36 Ariftocratical Cantons.

dred counfellors and ninety-nine afTeffors, the
ele&ion 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 aflembly 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
muft be a citizen of Berne, member of one of
the fbcieties 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 dfftri&s 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 fevefal 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 fil-
verj the two who draw the gold are voted for in
the grand council, and he who has the mofi:
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 eledlion of the fei-
zeniers and fenators.

The feizeniers, who have this elective power,
are drawn by lot from among thofe members of
the grand cpuncil who have held the office of
bailiffs, and who have finifhed the term of their
adminiftration. The bannerets and feizeniers
have, by the conftitution, 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 un-
leis 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 counfellors 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 aflembles and 'deliberates
by its own authority at ftated times, and fuper-
intends all affairs, although the moft important
are delegated generally to the fenate. The whole
adminiftratipn 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, fubje<5l 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 moft influence, it had too ftrong a tendency
to an oligarchy. The bailiwicks are the mofl
profitable places, and are filled from the grand
council. r i he 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, adl 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 expeft to be bailiffs, there is
great reafon to be apprehenfive of partiality.

There 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 infpeded every year, and the men ex-
ercifed. There are arfenals of arms at Berne, and

in

Berne. 39

in every bailiwick, fufficient for the militia of the
diftri&, 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 aflem-
ble and go through all the forms; they have
their grand council, fenate, avoyers, treafurers,
bannerets, feizeniers, &c. the poft of avoyer is
fought with great afliduity. They debate upon
political fubje&s, 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*

LETTER XII,

FRIBOURG,

My dear Sir,

E canton of Fribourg is ariftocratical,
JL 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

4.0 Ariftocratical Cantons.

> i

The fovereignty and legiflative authority refides
in the council of two hundred perfons, compofed
of the two avoyers, who are for 'life ; twenty-
two counfellors ; four bannerets; fixty other coun-
fellors, frqrn 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 prefide alternately a year.
The twenty-two counfellors are alfo for life, and
are defignated by lot, as w r ell as the bannerets,
whofe charges continue but three years. The
iixty alfo are nominated by lot, and are drawn
from the hundred and twelve, called the two
hundred. Thefe laft x:oine forward in the ftate
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, befides 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 aifemble
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 fubjedl to this
canton. The method of determining the mem-
bers

OF T'~

r rVK

\ .

Frilourg* sj|,

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 ele&ors, without
knowing how the names are placed; and the can-
didate whofe name occupies the divifion, which
receives by accident the moft ballots, has the lot.
This is to guard againil 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 paf-
ture, fome corn, and little wine ; it has no com-
merce, and not much literature. It has more troops
in foreign fervice, than any other canton in pro-
portion. As the rivers and lakes have a diredl
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
idienefs, would neceffarily become ambitious of
popularity, and either procure, by intrigues and
infurre&ions, a greater ihare of importance to the
people, or fet up one of the greateft genius and
enterprize among them for a defpot. Jn foreign
fervice they exhauft their reftlcfs years, and re-
turn,

42 Ariftocratical Cantons.

turn, after the deaths of their fathers, fatigued
with difh'pation, to enjoy their honours and
eftates ; to fupport thofe laws which are fo par-
tial to their whiles ; 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 pofleffion 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 preiide alternately, and whofe
ele6tion 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 date, and judge
caufes civil and criminal. The two councils
make together the number of one hundred, with-
out computing the avoyer in office, who prefides
in chief. "This body, named the grand council,
makes laws and ftatutes ; treats of alliances, peace

and

43

and war; decides appeals in the laft refort; elecls
the treafurer, the fourth in rank in the ffo.te, and
the exterior bailiffs. .The thirty- three fenators
confift of eleven alt- raths or fenior counfellors, and
twenty-two yunk-raths or juniors. Upon the
removal by death of one of the alt-raths, the
eldeft of the yunk-raths 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 affembly 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
diflinguifhed families very profitable emoluments.
The grand fautieris annually elected 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 ftate, 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. F of

44 Ariftocratical 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 fubjeft
to it, comprehending eleven bailiwicks.

The foil is extremely fertile, yet there is a want
of hands for agriculture, and population decreafes;
although commodioufly fituated for commerce,
they have none. Thefe circumftances are enough
to fhew the bleflings of a government by a few
noble families. They mew another thing, ftill
more curious ; to wit, the confequences of mix-
ing the nobles and commons together. The latter
have here been induced to reduce their own con-
ftitutional ft are in the government to a mere form,
and complaifantly to reiign all the fubftance into
the hands of thole 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 legiflative and executive power
are in one aflembly, 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 anceftors.

Nor fhould it be forgotten, that a defenfive
alliance has fubfifted 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
ambaffador relides ; and extended to all the can-
tons. In the former treaty an article was inferted,

that

Lucerne. 45

that if any diflenfions 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 mould compel the aggreffor
to fulfil the treaties between the cantons and their
allies. As this article was manifeflly incompa-
tible with that independence which republicans
ought to value above all things, it has been
wifely omitted in the new treaty ; and it would
have become the dignity of the Swifs character
to have renounced equally thofe peniions, which
are called Argents de Paix et de Alliance, as in-
confiftent 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, belides feveral
cities, abbays, monafteries, feigniories, &c. The
inhabitants are almoft wholly engaged in agricul-
ture, and the exportation of their produce.
Their commerce might be greatly augmented, as
the river Reufs iffues from the lake, pafles 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 fmgle city, and the fovereignty refides in the

little

46 Ariflocratical 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 thofen, who are no^
ininally 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 actually
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 di-
vifion which retires confirming that which comes
in. As the vacancies in the fenate are filled up
by themfelves, all power is in pofleffion of a few
Patrician families. The fon fucceeds the father,
and the brother his brother.

The grand council coniifts of fixty-four per-
fons, taken from the citizens, who are faid to have
their privileges ; but i{ is hard to guefs what they
are, as the elections are made by the little and
great council conjointly.

The adminiftration, the police, the finances,
and the whole executive power, is in the fenate,
which is conftantly fitting.

The grand council is afTembled only upon par-
ticular occafions, for the purpofe of legiflation.
The fenate has cognizance of criminal caufes, but
in capital cafes the grand council is convoked to
pronounce fentence : in civil caufes an appeal
lies from the fenate to the grand council ; but
thefe appeals can be but mere forms, the fame fe-
nators being in both courts.

As the fenate constitutes above a third of the
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 connexions in an oligarchy
are futile, as all laws are cyphers. There are al-
fo certain chambers of jultice and police.

In fome few inftances, fuch as declaring war
and making peace, forming alliances or impoling
taxes, the citizens muft be aflembled 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 produ&ions of excellent paf-
tures. Literature has been encouraged, and has
conftantly flourifhed in this country, from the
time of Zuinglius to that of Gefner and Lavater.
The inhabitants are induftrious, their manufactures
confiderable, and their commerce exteniive.

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 Ariflocratical 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,
Which 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 lixty-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 moire 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 pofleffion 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 fubjecls. It is an hundred and
fifty years fince a nw citizen has been ad-
mitted : befides ele&ing all the magiftrates and
holding all offices, they have maintained a mono-
poly of commerce, and excluded all ftrangers, and
even fubje6ls of the canton, from conducing 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 conlider trade as a humi-
liation. \ ;

The

Zurich* 49

The legiilative authority is vefted in the grand
council' of two hundred and twelve, including
the fenate.

The fenate coniifts of twenty-four tribunes,
and four counfellors chofen by the nobles, to
thefe are added twenty, ele&ed by the fovereign
couticil ; making, in all, with the two burgoniafters,
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 preiident of each divifion of the
fenate, which has the judicial power, in criminal
matters, without appeal, and in civil, with an
appeal to the grand council.

The members of the fenate are liable to be
changed, and there is an annual revifion of them,
which is a great reftraint.

The ftate is not only out of debt, but faves
money every year againft any emergency. By this
fund they fupported a war in 1712, without any
additional taxes. There is not a carriage in the
town, except it be of a ftranger.

Zurich has great influence in the general 'diet,
which me 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