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the theoretical view of Governments which these authors have exhibited.

In treating of Democracy, I shall begin with the consideration of a State, approaching as nearly to the definition as possible; but, as the subject when considered in this light affords a very narrow field for speculation, I shall proceed, after a very few general observations, to remark the various deviations from the standard that experience has suggested, in order to remedy its inconveniences, and, at the same time, to maintain the ascendency of the people, by excluding every tendency to the other forms of government.1

First, then, it may be observed, that when the supreme power in a Democracy is said to be vested in the people, it is not to be supposed that each man is his own master; for in every form of government whatever, it must be universally understood, that the minority are to abide by the determinations of the majority. If they do not, Government is at an end, and men are left in a state of anarchy. It is evident, therefore, that this is a limit beyond which Democracy cannot be carried even in theory.

I do not know, however, that this theory has ever been exactly realized in the history of mankind; or, in other words, that there has ever been a constitution in which the people met together on every affair of public concern, and where the majority exercised in their own persons all the functions of government. Indeed, we may venture to assert that no such thing ever existed; and, therefore, if we wish our reasonings to apply to facts, we must enlarge somewhat our definition of Democracy.

"As to popular government, in the strictest sense," says [Algernon] Sidney, "that is pure Democracy; where the people in themselves, and by themselves, perform all that belongs to government, I know of no such thing." And in another passage, "Being no way concerned in the defence of Democracy, I

1 Consult Filangieri, [Scienza della Legislazione,] Vol. I. P. 121.
2 [Discourses of Government,] P. 160.

may leave our knight, like Don Quixote, fighting against the phantasms of his own brain, and saying what he pleases against such Governments as never were, unless in such a place as San Marino, near Sinigaglia in Italy, where a hundred clowns. govern a barbarous rock that no man invades, and relates nothing to our question." He might have added, that San Marino is by no means a pure Democracy, according to the general definition, as sufficiently appears from Addison's account of it.

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The same author, (Sidney,) after remarking, that every good government is a mixture of all the three forms, adds ;—" More ignorance surely cannot be expressed than by giving the name of Democracy to those governments that are composed of the three simple species; for in a strict sense, it can only suit with those where the people retain to themselves the administration of the supreme power; and morely largely, when the popular part, as in Athens, greatly overbalances the other two, and the denomination is taken from the prevailing part."2

From these considerations we may infer, that the most perfect Democracy which can be realized, must admit of certain delegations of power to select councils, or to individual magistrates. At the same time, to entitle a constitution to the name of Democracy, even in the more extensive sense of the word, it seems to be essential to it, that the people should appoint the councils and the magistrates, and that every person who exercises power in the State, should be accountable to the people for his conduct. This, I apprehend, forms the definition of as perfect a Democracy as is compatible, even in theory, with the circumstances of mankind;-and of a Democracy much more perfect, than seems to be compatible with the imperfections inseparable from human character, when men are called on to act in a corporate or political capacity.

In some Democracies, it has been thought necessary, on account of the numbers, to delegate, at least for a time, even the Legislative power; or, in other words, the Sovereignty of the At Rome and Athens, the determinations of the Senate

state.

1

1 [Ibid.] p. 165.

2 [Ibid.] p. 258.

had the force of a law for a year, but to render them perpetual, the sanction of the people was necessary.

As the determinations of the people in their public assemblies must be ascertained by their votes, and as it is these determinations which constitute law, Montesquieu reckons, among the fundamental laws of a Republic, those which fix the number of voters, and the manner of collecting their suffrages. "In this form of government," says he, "it is as important to fix, in what manner, and by whom the suffrages are to be given, as it is in a limited monarchy to know who is the prince, and after what manner he ought to govern."* Of this prerogative of legislation, the Athenians were so jealous that they punished with death any stranger who presumed to intrude himself into an assembly of the people.

In Sparta the number of citizens forming the public assembly was fixed at ten thousand. In Rome the number never was fixed, and this circumstance is considered by Montesquieu as one of the principal causes of her ruin.

It has been disputed among political writers, in what manner the suffrages of the people should be given; in particular, whether they should be public or private. Montesquieu decides that they should be public, and that this should be a fundamental law in a Democracy. "The body of the people," he observes, “ought to be directed by those of better education, and to be restrained within bounds by a respect for the opinion of their superiors." At Athens the people voted by holding up their hands; at Rome, towards the conclusion of the Republic, different laws were passed called Leges Tabellariæ, which rendered the suffrages of the people secret. Two tablets were presented to each citizen-the first marked with an "A" for "Antiquo," or "I forbid it;" and the other with a "U" and "R," for "Uti rogas," "Be it as you desire." Cicero tells us in his oration Pro Plancio, that the people were fond of this method of voting. Populo grata est Tabella, quæ frontes aperit, hominum mentes tegit; datque eam libertatem, ut quod velint faciant." The same author, in his Third *[Esprit des Loix, Liv. II. chap. ii.] + [Ibid.]

1 Cap. vi.

Book, De Legibus, considers these laws as having contributed to the decay of the Republic. "Quis autem non sentit, auctoritatem omnem Optimatium Tabellariam legem abstulisse ?— quam populus liber nunquam desideravit, idem oppressus dominatu ac potentia principum, flagitavit. . . . Itaque isti rationi neque lator quisquam est inventus, nec auctor unquam bonus. Sunt enim quatuor leges Tabellariæ." In this passage he also makes it a principle in his imaginary Commonwealth: "Suffragia esse nota Optimatibus, Populo libera. . . . Qua lege, libertatis species datur, bonorum auctoritas retinetur."1

Montesquieu indeed observes, that in an Aristocracy when the body of the nobles are to vote, the suffrages cannot be too secret, for there, the great object is to exclude intrigue and faction; but in a Democracy, while the people retain their zeal for the public, these are unavoidable; and indeed, when they disappear altogether, it is a mortal symptom of the constitution.*

As it is the object of a Democracy to preserve as great an equality among the citizens as is consistent with political order, it is necessary to take some precautions against the growth of particular families,-a circumstance which can hardly fail to happen in process of time, whatever rules are adopted with respect to the transmission of property. Lycurgus and Romulus, and some other ancient legislators, are said to have made an equal division of lands. It is evident that such a measure could only be executed in some very unusual combinations of circumstances. But supposing the thing accomplished at the commencement of a Republic, how is this equality to be maintained? For if individuals are allowed to dispose of their property at pleasure, an unequal distribution of wealth will soon. be introduced. Hence in such a form of government, it becomes necessary that there should be some regulations concerning women's dowries, donations, successions, and testamentary settlements. Many laws of this kind are mentioned in the history of the Ancient States, some of which Montesquieu has

1 See his sentiments on the subject at length in the De Legibus, Lib. III. cc. xv., xvi., xvii. * [Esprit des Loix, Liv. II. chap. ii.]

very ingeniously illustrated in the fifth chapter of his Fifth Book. "In most States, however," says Dr. Ferguson, "even the democratical spirit could attain no more than to prolong the struggle for Agrarian Laws; to procure, on occasion, the expunging of debts; and to keep the people in mind, under all the distinctions of fortune, that they still had a claim to equality.

"The citizen of Rome, at Athens, and in many Republics, contended for himself and his order. The Agrarian Law was moved and debated for ages. It served to awaken the mind, it nourished the spirit of equality, and furnished a field on which to exert its force, but was never established with any of its other and more formal effects."

The same author very justly subjoins, that “ many of the establishments which serve to defend the weak from oppression, contribute, by securing the possession of property, to favour its unequal division, and to increase the ascendency of those from whom the abuse of power may be feared. Those abuses were felt very early both at Athens and Rome."1

Nor is it sufficient for the preservation of a Democracy, that the division of lands should be equal. Without frugality, this equality cannot long be maintained, and frugality can only be secured by the smallness of the possession belonging to each proprietor. To this general rule Montesquieu mentions one exception, that of a Democracy founded on commerce. Here he thinks private citizens may acquire great riches without a corruption of morals; for the spirit of commerce is naturally attended with that of frugality, economy, moderation, labour, prudence, tranquillity, and order; and while this spirit subsists, the riches it produces have no bad effects. These begin only to be felt when excessive wealth damps the ardour of lucrative industry, and gives birth to other pursuits less favourable to the peace of society.

For supporting the spirit of commerce, it is necessary that it should be carried on by the principal citizens, the laws making every possible provision, that the fortune of no individual should place him above the temptation of increasing it by in

1

1 [Essay on Civil Society, Part III. sect. vi.] p. 262, seq., fourth edition.

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