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A DISQUISITION ON GOVERNMENT.

A DISQUISITION

GOYERNMENT

A DISCOURSE

CONSTITUTION AND GOVERNMENT OF THE UNITED STATES.

BY

JOHN C. CALHOUN.

EDITED BY

RICHARD K. CRALLE

PUBLISHED UNDER THE DIRECTION OP THE GENERAL ASSEMBLY OP STATE Oy^bn^ii, pA'ROLUfA."

COLUMBIA, S. C.

PRINTED BY A- S. JOHNSTON.

1851.

THE NEW YORK

PUBLIC LIBRARY

TILltN fOUWDaTICNS ft 1S12 l-

Entered, according to Act of Congress, by

JAMES E. CALHOUN,

in the Clerk's Office of the District Court of the United States for the District of South Carolina.

ADVERTISEMENT.

It may be proper to state, that the manuscripts from which the following work is published, were never revised or corrected by their illustrious author. When, during his last illness, they were placed by him in the hands of the editor, he indulged the hope of regaining sufficient strength to perform this labor ; but it is scarcely necessary to say that the expectation was never realized. The Disquisition on Government had, indeed, been copied before his death ; but it is almost certain he never found time to examine the copy. The Discourse on the Constitution, &c. — with the exception of a few pages, — was in his own hand- writing,— on loose sheets, — bearing evident marks of interrupted and hurried composition. Indeed, there is reason to believe that the principal portion of it, if not the entire Work, was composed between the adjournment of (],opgvess i;i th^ Spring, of 1848, and its meeting in December., :j343- ,, ,, , , , . .

In preparing the manuscripts ^j- the press, tlie ed'itor has sedu- lously endeavored to preserv'e, nol'oi-ly 't:ie peculiar modes of expression, but the very wo»-ds of the avthoi- ; — ^without regard to ornaments of style or rules', of; c^i-iiic'jsraw C'Thfiy who knew him well, need not to be told that, to these, he paid but slight respect. Absorbed by his subject, and earnest ia his eflForts to present the truth to others, as it appeared to himself, he regarded neither the arts nor the ornaments of meretricious elocution. He wrote as

VII ADVERTISEMENT.

he spoke, sometimes negligently, yet always plainly and forcibly, and it is due to his own chararter, as well as to the public expec- tation, that his views should be presented in the plain and simple garb in which he left them. The granite statue, rough-hewn though it be, is far more imposing in its simple and stern, though rude proportions, than the plaster-cast,however elaborately wrought and gilded. Some few sentences have been transposed, — some repetitions omitted, — and some verbal inaccuracies, necessarily incident to hurried composition, corrected. With these excep- tions, and they are comparatively few, — the Work is as it came from the hands of the author ; and is given to the public with no other comment than that made by himself in a letter dated the 4th of November, 1849 — " I wish my errors to be pointed out. I have set down only what I believed to be true ; without yielding an inch to the popular opinions and prejudices of the day. I iiave not dilated, — but left truth, plainly announced, to battle its own way."

February 22d, 1851.

A DISQUISITION ON GOVERNMENT.

In order to liave a clear and just conception of the nature and oljject of government, it is indispen- sable to understand correctly what that constitu- tion or law of our nature is, in which government originates; or, to express it more fully and accu- rately,— that law, without which government would not, and with which, it must necessarily exist. Without this, it is as impossible to lay any solid foundation for the science of government, as it would be to lay one for that of astronomy, without a like understanding of that constitution or law of the material world, according to which the several bodies composing the solar system mutually act on each other, and by which they are kept in their re- spective spheres. The first question, accordingly, to be considered is,^ — ^What is that constitution or law of our nature, without which government would not exist, and with which its existence is necessary ?

In considering this, I assume, as an incontestable fact, that man is so constituted as to be a social be-

2 A DISQUISITION ON GOVERNMENT.

ing. His inclinations and wants, physical and mo- ral, irresistibly impel him to associate with his kind ; and he has, accordingly, never been found, in any age or country, in any state other than the social. In no other, indeed, could he exist ; and in no other, — were it possible for him to exist, — could he at- tain to a full development of his moral and intel- lectual faculties, or raise himself, in the scale of be- ing, much above the level of the brute creation.

I next assume, also, as a fact not less incontesta- ble, that, while man is so constituted as to make the social state necessary to his existence and the full development of his faculties, this state itself cannot exist without government. The assumption rests on universal experience. In no age or coun- try has any society or community ever been found, whether enlightened or savage, without government of some description.

Having assumed these, as unquestionable phe- nomena of our nature, I shall, without further re- mark, proceed to the investigation of the primary and important question, — What is that constitution of our nature, which, while it imj)els man to associ- ate with his kind, renders it impossible for societ}' to exist without government ?

The answer will be found in the fact, (not less incontestable than either of the others,) that, while man is created for the social state, and is according- ly so formed as to feel what affects others, as well as what affects himself, he is, at the same time, so constituted as to feel more intensely what affects him directly, than what affects him indirectly

A DISQUISITION ON GOVERNMENT. 3

through others ; or, to express it differently, he is so constituted, that his direct or individual affec- tions are stronger than his sympathetic or social feel- ings. I intentionally avoid the expression, selfish feelings, as applicable to the former; because, as commonly used, it implies an unusual excess of the individual over the social feelings, in the person to whom it is applied ; and, consequently, something depraved and vicious. My object is, to exclude such inference, and to restrict the inquiry exclusive- ly to facts in their bearings on the subject under consideration, viewed as mere phenomena appertain- ing to our nature, — constituted as it is ; and which are as unquestionable as is that of gravitation, or any other phenomenon of the material world.

In asserting that our individual are stronger than our social feelings, it is not intended to deny that there are instances, growing out of peculiar re- lations,— as that of a mother and her infant, — or re- sulting from the force of education and habit over peculiar constitutions, in which the latter have over- powered the former ; but these instances are few, and always regarded as something extraordinary. The deep impression they make, whenever they occur, is the strongest proof that they are regarded as exceptions to some general and well understood law of our nature ; just as some of the minor pow- ers of the material world are apparently to gravi- tation.

I might go farther, and assert this to be a phe- nomenon, not of our nature only, but of all animated existence, throughout its entire range, so far as our

4: A DISQUISITION ON GOVERNMENT.

knowledge extends. It would, indeed, seem to be essentially connected witli the great law of self-pre- servation which pervades all that feels, from man down to the lowest and most insignificant reptile or insect. In none is it stronger than in man. His social feelings may, indeed, in a state of safety and abundance, combined with high intellectual and moral culture, acquire great expansion and force ; but not so great as to overpower this all-pervading and essential law of animated existence.

But that constitution of our nature which makes us feel more intensely what affects us directly than what affects us indirectly through others, necessarily leads to conflict between individuals. Each, in con- sequence, has a greater regard for his own safety or happiness, than for the safety or happiness of others ; and, where these come in opposition, is ready to sacri- fice the interests of others to his own. And hence, the tendency to a universal state of conflict, be- tw^een individual and individual; accompanied by the connected passions of suspicion, jealousy, anger and revenge, — followed by insolence, fraud and cruel- ty;— and, if not prevented by some controlling power, ending in a state of universal discord and confusion, destructive of the social state and the ends for which it is ordained. This controlling power, wherever vested, or by whomsoever exercised, is

GOVERNMENT.

It follows, then, that man is so constituted, that government is necessary to the existence of society, and society to his existence, and the perfection of his faculties. It follows, also, that government has its

A DISQUISITION ON GOVERNMENT. 5

origin in tliis tAA^ofolcl constitution of his nature ; the sympathetic or social feelings constituting the remote, — and the individual or direct, the proximate cause.

If man had been differently constituted in either particular ; — if, instead of being social in his natui-e, he had been created without sympathy for his kind, and independent of othei's for his safety and exist- ence ; or if, on the other hand, he had been so cre- ated, as to feel more intensely what affected others than what aftected himself, (if that were possible,) or, even, had this supposed interest been equal, — it is manifest that, in either case, there would have been no necessity for government, and that none would ever have existed. But, although society and government are thus intimately connected with and dependent on each other, — of the two society is the greater. It is the first in the order of things, and in the dignity of its object; that of society be- ing primary, — to preserve and perfect our race; and that of government secondary and subordinate, to preserve and perfect society. Both are, however, necessary to the existence and well-being of our race, and equally of Divine ordination.

I have said, — if it were possible for man to be so constituted, as to feel what affects others more strongly than what affects himself, or even as strong- ly,— because, it may be well doubted, whether the stronger feeling or affection of individuals for them- selves, combined with a feebler and subordinate feel- ing or affection for others, is not, in beings of limited rea*n and faculties, a constitution necessary to their preservation and existence. If reversed, — if their

6 A DISQUISITION ON GOVERNMENT.

feelings and affections were stronger for others than for themselves, or even as strong, the necessary re- sult would seem to be, that all individuality would be lost ; and boundless and remediless disorder and confusion would ensue. For each, at the same mo- ment, intensely participating in all the conflicting emotions of those around him, would, of course, for- get himself and all that concerned him immediately, in his officious intermeddling with the affaire of all others ; which, from his limited reason and faculties, he could neither properly understand nor manage. Such a state of things would, as far as we can see, lead to endless disorder and confusion, not less de- structive to our race than a state of anarchy. It would, besides, be remediless, — for government would be impossible ; or, if it could by possibility exist, its object would be reversed. Selfishness would have to be encouraged, and benevolence discouraged. In- dividuals would have to be encouraged, by rewards, to become more selfish, and deterred, by punishments, from being too benevolent ; and this, too, by a gov- ernment, administered by those who, on the suppo- sition, would have the greatest aversion for selfish- ness and the highest admiration for benevolence.

To the Infinite Being, the Creator of all, belongs exclusively the care and superintendence of the whole. He, in his infinite wisdom and goodness, has allotted to every class of animated beings its condition and appropriate functions; and has en- dowed each with feelings, instincts, capacities, and faculties, best adapted to its allotted condition. • To man, he has assigned the social and political state.

A DISQUISITION ON GOVERNMENT. 7

as best adapted to develop tlie great capacities and faculties, intellectual and moral, witli which he has endowed him; and has, accordingly, constituted him so as not only to impel him into the social state, but to make government necessary for his preservation and well-being.

But government, although intended to protect and preserve society, has itself a strong tendency to disorder and abuse of its powers, as all experi- ence and almost every jysige of history testify. The cause is to be found in the same constitution of our nature which makes govei'nment indispensable. The powers which it is necessary for government to possess, in order to repress violence and preserve order, cannot execute themselves. They must be administered by men in whom, like others, the in- dividual are stronger than the social feelings. And hence, the powers vested in them to prevent injus- tice and oppression on the part of others, will, if left unguarded, be by them converted into instru- ments to oppress the rest of the community. That, by which this is prevented, by whatever name call- ed, is what is meant by constitution, in its most comprehensive sense, when applied to government.

Having its origin in the same principle of our nature, constitution stands to government^ as govern- ment stands to society ; and, as the end for which society is ordained, would be defeated without gov- ernment, so that for which government is ordained would, in a great measure, be defeated without constitution. But they differ in this striking par- ticular. There is no difficulty in forming govern-

8 A DISQUISITION ON GOVERNMENT.

ment. It is not even a matter of choice, whefher there shall be one or not. Like breathing, it is not permitted to clei^end on om- volition. Necessity will force it on all communities in some one form or an- other. Very different is the case as to constitution. Instead of a matter of necessity, it is one of the most difficult tasks imposed on man to form a con- stitution worthy of the name ; while, to form a per- fect one, — one that would completely counteract the tendency of government to oppression and abuse, and hold it strictly to the great ends for which it is ordained, — has thus far exceeded human wisdom, and possibly ever will. From this, another striking difference results. Constitution is the con- trivance of man, while government is of Divine or- dination. Man is left to perfect what the wisdom of the Infinite ordained, as necessary to preserve the race.

With these remarks, I proceed to the considera- tion of the important and difficult question : How is this tendency of government to be counteracted ? Or, to express it more fully, — How can those who are invested with the powers of government be pre- vented from employing them, as the means of aggran- dizing themselves, instead of using them to protect and preserve society ? It cannot be done by insti- tuting a higher power to control the government, and those \vho administer it. This would be but to change the seat of authority, and to make this higher power, in reality, the government; with the' same tendency, on the part of those who might control its powers, to pervert them into instruments

A DISQUISITION ON GOVERNMENT. 9

of aggraudizement. Nor can it be done by limit- ing the powers of government, so as to make it too feeble to be made an instrument of abuse ; for, pass- ing by tlie difficulty of so limiting its powers, with- out creating a power higher than the government itself to enforce the observance of the limitations, it is a sufficient objection that it would, if prac- ticable, defeat the end for which government is or- dained, by making it too" feeble to protect and preserve society. The poAvers necessary for this purpose will ever prove sufficient to aggrandize those who control it, at the expense of the rest of the community.

In estimating what amount of power would be requisite to secure the objects of government, we must take into the reckoning, what would be neces- sary to defend the community against external, as well as internal dangers. Government must be able to repel assaults from abroad, as well as to repress violence and disorders within. It must not be overlooked, that the human race is not compre- hended in a single society or community. The limited reason and faculties of man, the great diver- sity of language, customs, pursuits, situation and complexion, and the difficulty of intercourse, with various other causes, have, by their operation, formed a great many separate communities, acting independ- ently of each other. Between these there is the same tendency to conflict, — and from the same con- stitution of our nature, — as between men individual- ly ; and even stronger, — liecause the sympathetic or social feelino's are not so strong: between different

10 A DISQUISITION ON GOVERNMENT.

communities, as between individuals of the same community. So powerful, indeed, is this tendency, that it has led to almost incessant wars between contiguous communities for plunder and conquest, or to avenge injuries, real or supposed.

So long as this state of things continues, exigen- cies will occur, in which the entire powers and re- sources of the community will be needed to defend its existence. When this is at stake, every other consideration must yield to it. Self-preservation is the supreme law, as well with communities as indi- viduals. And hence the danger of withholding from government the full command of the power and resources of the state ; and the great difficulty of limiting its powers consistently with the protec- tion and preservation of the community. And hence the question recurs, — By what means can gov- ernment, without being divested of the full com- mand of the resources of the community, be pre- vented from abusing its powers ?

The question involves difficulties which, from the earliest ages, wise and good men have attempt- ed to overcome ; — but hitherto with but partial suc- cess. For this purpose many devices have been resorted to, suited to the various stages of intelli- gence and civilization through which our race has passed, and to the different forms of government to which they have been applied. The aid of su- perstition, ceremonies, education, religion, organic arrangements, both of the government and the community, has been, from time to time, appealed to. Some of the most remarkable of these devices,

A DISQUISITION ON GOVERNMENT. 11

whether regarded in reference to their wisdom and the skill displayed in their application, or to the per- manency of their effects, are to be found in the early dawn of civilization ; — in the institutions of the Egyp- tians, the Hindoos, the Chinese, and the Jews. The only materials which that early age afforded for the construction of constitutions, when intelligence was so partially diffused, were applied with consummate wisdom and skill. To their successful application may be fairly traced the subsequent advance of our race in civilization and intelligence, of which we now enjoy the benefits. For, without a constitu- tion,— something to counteract the strong tendency of government to disorder and abuse, and to give stability to political institutions, — there can be lit- tle progress or permanent improvement.

In answering the important question under con- sideration, it is not necessary to enter into an ex- amination of the various contrivances adopted by these celebrated governments to counteract this tendency to disorder and abuse, nor to undertake to treat of constitution in its most comprehensive sense. What I propose is far more limited, — to ex- plain on what principles government must be formed, in order to resist, by its own interior struc- ture,— or, to use a single term, organism^ — the ten- dency to abuse of power. This structure, or organ- ism, is what is meant by constitution, in its strict and more usual sense ; and it is this which distin- guishes, what are called, constitutional governments from absolute. It is in this strict and more usual sense that I propose to use the term hereafter.

12 A DISQUISITION ON GOVERNMENT.

How government, then, must be constructed, in order to counteract, through its organism, this ten- dency on the part of those who make and execute the laws to oj^press those subject to their operation, is the next question which cLaims attention,

There is but one way in which this can possibly be done ; and that is, by such an organism as will furnish the ruled with the means of resisting: sue- cessfully this tendency on the part of the rulers to oppression and abuse. Power can <-only be resisted by power, — and tendency by tendency. Those who exercise power and those subject to its exercise, — the rulers and the ruled, — stand in antagonistic re- lations to each other. The same constitution of our nature which leads rulers to oppress the ruled, — regardless of the object for which government is oi'dained, — will, with equal strength, lead the ruled to resist, when possessed of the means of making peaceable and effective resistance. Such an organ- ism, then, as will furnish the means Tjy which re- sistance may be systematically and peaceably made on the part of the ruled, to oppression and abuse of power on the part of the rulers, is the first and in- dispensal)le step towards forming a constitutional government. And as this can only be effected by or through the right of suffrage, — (the right on the part of the ruled to choose their rulers at proper intervals, and to hold them thereby re3j)onsible for their conduct,) — the responsibility of the rulers to the ruled, through the right of suffi'age, is the indispensable and primary principle in t\ie foimda- tion of a constitutional o:overnment. When this

A DISQUISITION ON GOVERNMENT. 13

riglit is properly guarded, and the people sufficient- ly enlightened to understand their own lights and the interests of the community, and duly to appre- ciate the motives and conduct of those appointed to make and execute the laws, it is all-sufficient to give to those who elect, effective control over those they have elected.

I call the right of suffrage the indispensable and primary principle ; for it would be a great and dan- gerous mistake to suppose, as many do, that it is, of itself, sufficient to form constitutional governments. To this erroneous opinion may be traced one of the causes, why so few attempts to form constitutional governments have succeeded ; and why, of the few vhich have, so small a number have had durable existence. It has led, not only to mistakes in the attempts to form such governments, but to their overthrow, when they have, by some good fortune, been correctly formed. So far from being, of itself, sufficient, — however well guarded it might be, and however enlightened the peoj^le, — it would, unaided by other provisions, leave the government as abso- lute, as it would be in the hands of irresponsible rulers ; and with a tendency, at least as strong, to- wards oppression and abuse of its powers ; as I shall next proceed to explain.

The right of suffrage, of itself, can do no more than give complete control to those who elect, over the conduct of those they have elected. In doing this, it accomplishes all it possibly can accomplish. This is its aim, — and when this is attained, its end is fulfilled. It can do no more, however enlightened

14 A DISQUISITION ON GOVERNMENT.

the people, or however widely extended or well guarded tlie right may be. The sum total, then, of its effects, Avhen most successful, is, to make those elected, the true and faithful representatives of those who elected them, — instead of irresponsible rulers, — as they would be without it ; and thus, by con- verting it into an agency, and the rulers into agents, to divest government of all claims to sovereignty, and to retain it unimpaired to the community. But it is manifest that the right of suffrage, in making these changes, transfers, in reality, the actual con- trol over the government, from those who make and execute the laws, to the body of the community 5 and, thereby, places the powers of the government as fully in the mass of the community, as they wouh be if they, in fict, had assembled, made, and exe- cuted the laws themselves, without the intervention of representatives or agents. The more perfectly it does this, the more perfectly it accomplishes its ends ; but in doing so, it only changes the seat of authority, without counteracting, in the least, the tendency of the government to oppression and abuse of its powers.

,If the whole community had the same interests, so that the interests of each and every portion would be so affected by the action of the govern- ment, that the laws which oppressed or impover- ished one portion, would necessarily oppress and impoverish all others, — or the reverse, — then the right of suffi-age, of itself, would be all-sufficient to counteract the tendency of the government to op- pression and abuse of its powers ; and, of course,

A DISQUISITION ON GOVERNMENT. 15

would form, of itself, a perfect constitutional govern- ment. Tlie interest of all being the same, by sup- position, as far as the action of the government was concerned, all would have like interests as to what laws should be made, and how they should be exe- cuted. All strife and struggle would cease as to who should be elected to make and execute them. The only question would be, who was most fit; who the wisest and most capable of understanding the common interest of the whole. This decided, the election would pass off quietly, and without party discord; as no one portion could advance its own peculiar interest without regard to the rest, by elect- ing a favorite candidate.

But such is not the case. On the contrary, noth ing is more difficult than to equalize the action of the government, in reference to the various and di- versified interests of the community ; and nothing more easy than to pervert its powers into instru- ments to aggrandize and enrich one or more inter- ests by oppressing and impoverishing the others; and this too, under the operation of laws, couched in general terms ; — and which, on their face, appear fair and equal. Nor is this the case in some partic- ular communities only. It is so in all ; the small and the great, — the poor and the rich, — irrespective of pursuits, productions, or degrees of civilization ; — with, however, this difference, that the more ex- tensive and populous the country, the more diver- sified the condition and pursuits of its population, and the richer, more luxurious, and dissimilar the people, the more difficult is it to equalize the action

16 A DISQUISITION ON GOVERNMENT,

of the government, — and the more easy for one por- tion of the community to pervert its powers to op- press, and phuider the other.

Such being the case, it necessarily results, that the right of suffrage, by placing the control of the government in the community must, from the same constitution of our nature which makes govern- ment necessary to preserve society, lead to conflict among its different interests, — each striving to ob- tain possession of its powers, as the means of protect- ing itself against the others ; — or of advancing its respective interests, regardless of the interests of others. For this purpose, a struggle will take place between the various interests to ol)tain a majority, in order to control the government. If no one in- terest be strong enough, of itself, to obtain it, a combination will be formed between those whose intej-ests are most alike; — each conceding some- thing to the others, until a sufficient number is ob- tained to make a majority. The process may be slow, and much time may be required before a com- pact, organized majority can be thus formed ; but formed it will be in time, even without preconcert or design, by the sure workings of that principle or constitution of our nature in which government itself originates. When once formed, the community will be divided into two great parties, — a major and minor,— between which there will be incessant struggles on the one side to retain, and on the other to obtain the majority, — and, thereby, the control of the government and the advantages it confers.

A DISQUISITION ON GOVERNMENT. 17

So deeply seated, indeed, is this tendency to con- flict between the difterent interests or portions of the community, that it would result from the action of the government itself, even though it were pos- sible to find a community, where the people were all of the same pursuits, placed in the same con- dition of life, and in every respect, so situated, as to be without inequality of condition or diversity of interests. The advantages of possessing the con- trol of the powers of the government, and, thereby, of its honors and emoluments, are, of themselves, exclusive of all other considerations, ample to divide even such a community into two great hostile par- ties.

In order to form a just estimate of the full force of these advantages, — without reference to any other consideration, — it must be remembered, that government, — to fulfill the ends for which it is or- dained, and more especially that of protection against external dangers, — must, in the present con- dition of the world, be clothed with powers suffi- cient to call forth the resources of the community, and be prepared, at all times, to command them promptly in every emergency which may possibly arise. For this purpose large establishments are necessary, both civil and military, (including naval, where, from situation, that description of force may be required,) with all the means necessary for prompt and efifective action, — such as fortifications, fleets, armories, arsenals, magazines, arms of all de- scriptions, with well-trained forces, in sufficient numbers to wield them with skill and energy, 2

18 A DISQUISITION ON GOVERNMENT.

wlienever tlie occasion requires it. The adminis- tration and management of a government with such vast establishments must necessarily require a host of employees, agents, and officers ; — of whom many must be vested with high and responsible trusts, and occupy exalted stations, accompanied with much influence and patronage. To meet the necessary expenses, large sums must be collected and dis- bursed ; and, for this purpose, heavy taxes must be imposed, requiring a multitude of officers for their collection and disbursement. The whole united must necessarily place under the control of govern- ment an amount of honors and emoluments, suffi- cient to excite profoundly the ambition of the aspir- ing and the cupidity of the avaricious ; and to lead to the formation of hostile parties, and violent par- ty conflicts and struggles to obtain the control of the government. And what makes this evil reme- diless, through the right of suffi-age of itself, however modified or carefully guarded, or however enlighten- ed the people, is the fact that, as far as the honors and emoluments of the government and its fiscal action are concerned, it is impossible to equalize it. The reason is obvious. Its honors and emoluments, however great, can fall to the lot of but a few, com- pared to the entire number of the community, and the multitude who will seek to participate in them. But, without this, there is a jeason which renders it impossible to equalize the action of the government, so far as its fiscal operation extends, — which I shall next explain.

Few, comparatively, as they are, the agents and

A DISQUISITION ON GOVERNMENT. 19

employees of tlie government constitute that por- tion of the community who are the exclusive reci- pients of the proceeds of the taxes. Whatever amount is taken from the community, in the form of taxes, if not lost, goes to them in the shape of expenditures or disbursements. The two, — disburse- ment and taxation, — constitute the fiscal action of the government. They are correlatives. What the one takes from the community, under the name of taxes, is transferred to the portion of the communi- ty who are the recipients, under that of disburse- ments. But, as the recipients constitute only a por- tion of the community, it follows, taking the two parts of the fiscal process together, that its action must be unequal between the payers of the taxes and the recipients of their proceeds. Nor can it be otherwise, unless what is collected from each indi- vidual in the shape of taxes, shall be returned to him, in that of disbursements ; which would make the process nugatory and absurd. Taxation may, indeed, be made equal, regarded separately from disbursement. Even this is no easy task ; but the two united cannot possibly be made equal.

Such being the case, it must necessarily follow, that some one portion of the community must pay in taxes more than it receives back in disbursements ; while another receives in disbursements more than it pays in taxes. It is, then, manifest, taking the whole process together, that taxes must be, in efiect, bounties to that portion of the community which receives more in disbursements than it pays in taxes ; while, to the other which pays in taxes more than

20 A DISQUISITIOI«r ON GOVERNMENT.

it receives in disbursements, tliey are taxes in reali- ty,— burthens, instead of bounties. This conse- quence is unavoidable. It results from the nature of the process, be the taxes ever so equally laid, and the disbursements ever so fairly made, in reference to the public service.

It is assumed, in coming to this conclusion, that the disbursements are made within the community. The reasons assigned would not be applicable if the proceeds of the taxes were paid in tribute, or ex- pended in foreign countries. In either of these cases, the burthen would fall on all, in proportion to the amount of taxes they respectively paid.

Nor would it be less a bounty to the portion of the community which received back in disburse- ments more than it paid in taxes, because received as salaries for official services ; or payments to per- sons employed in executing the works required by the government ; or furnishing it with its various supplies ; or any other description of public employ- ment,— instead of being bestowed gratuitously. It is the disbursements which give additional, and, usually, very profitable and honorable employments to the portion of the community where they are made. But to create such employments, by dis- bursements, is to bestow on the portion of the com- munity to whose lot the disbursements may fall, a far more durable and lasting benefit, — one that would add much more to its wealth and population, — than would the bestowal of an equal sum gratuitously : and hence, to the extent that the disbursements ex- ceed the taxes, it may be fairly regarded as a bounty.

A DISQUISITION ON GOVERNMENT. 21

The very reverse is tlie case in reference to tlie por- tion whicli pays in taxes more than it receives in disbursements. With them, profitable employments are diminished to the same extent, and population and wealth correspondingly decreased.

The necessary result, then, of the unequal fiscal action of the government is, to divide the commu- nity into two great classes ; one consisting of those who, in reality, pay the taxes, and, of course, bear exclusively the burthen of supporting the govern- ment ; and the other, of those who are the recij^i- ents of their proceeds, through disbursements, and who are, in fact, supported by the government ; or, in fewer words, to divide it into tax-payers and tax- consumers.

But the effect of this is to place them in an- tagonistic relations, in reference to the fiscal action of the government, and the entii^e course of policy therewith connected. For, the greater the taxes and disbursements, the greater the gain of the one and the loss of the other, — and vice versa ; and con- sequently, the more the policy of the government is calculated to increase taxes and disbursements, the more it will be favored by the one and opposed by the other.

The effect, then, of every increase is, to enrich and strengthen the one, and impoverish and weaken the other. This, indeed, may be carried to such an extent, that one class or portion of the community may be elevated to wealth and power, and the other depressed to abject poverty and dependence, simply by the fiscal action of the government ; and

22 A DISQUISITION ON GOVERNMENT.

this too, ttrougli disbursements only, — even under a system of equal taxes imposed for revenue only. If such may be the effect of taxes and disburse- ments, when confined to their legitimate objects, — that of raising revenue for the public service, — some conception may be formed, how one portion of the community may be crushed, and another ele- vated on its ruins, by systematically perverting the power of taxation and disbursement, for the pur- pose of aggrandizing and building up one portion of the community at the expense of the other. That it will be so used, unless prevented, is, from the constitution of man, just as certain as that it can be so used ; and that, if not prevented, it must give rise to two parties, and to violent conflicts and struggles between them, to obtain the control of the government, is, for the same reason, not less certain.

Nor is it less certain, from the operation of all these causes, that the dominant majority, for the time, would have the same tendency to oppression and abuse of power, which, without the right of suffrage, irresponsible rulers would have. No rea- son, indeed, can be assigned, why the latter would abuse their power, which would not apply, with equal force, to the former. The dominant majority, for the time, would, in reality, through the right of sufft^age, be the rulers — the controlling, governing, and irresponsible power ; and those who make and execute the laws would, for the time, be, in reality, but their representatives and agents.

Nor would the fact that the former would con- stitute a majority of the community, counteract a

A DISQUISITION ON GOVEENMENT, 23

tendency originating in tlie constitution of man; and whicli, as sucli, cannot depend on the number by whom tbe powers of tlie government may be wielded. Be it greater or smaller, a majority or minority, it must equally partake of an attribute inherent in each individual composing it ; and, as in each the individual is stronger than the social feelings, the one would have the same tendency as the other to oppression and abuse of power. The reason applies to government in all its forms, — whether it be that of the one, the few, or the many. In each there must, of necessity, be a gov- erning and governed, — a ruling and a subject por- tion. The one implies the other ; and in all, the Wo bear the same relation to each other; — and have, on the part of the governing portion, the same tendency to oppression and abuse of power. Where the majority is that portion, it matters not how its powers may be exercised; — whether di- rectly by themselves, or indirectly, through repre- sentatives or agents. Be it which it may, the mi- nority, for the time, will be as much the governed or subject portion, as are the people in an aristo- cracy^or the sul)jects in a monarchy. The only difference in this respect is, that in the government of a majority, the minority may become the ma- jority, and the majority the minority, through the right of suffi-age ; and thereby change their relative positions, without the intervention of force and revo- lution. But the duration, or uncertainty of the tenure, by which power is held, cannot, of itself, counteract the tendency inherent in government to

24 A DISQUISITION ON GOVERNMENT.

oppression and abuse of power. On tlie contrary, the very uncertainty of tlie tenure, combined with the violent party warfare which must ever precede a change of parties under such governments, would rather tend to increase than diminish the tendency to oppression.

As, then, the right of suffi\age, without some other provision, cannot counteract this tendency of government, the next question for consideration is — What is that other provision ? This demands the most serious consideration ; for of all the ques- tions embraced in the science of government, it in- volves a principle, the most important, and the lea.st understood ; and when understood, the most diffi- cult of application in practice. It is, indeed, em- phatically, that principle which makes the consti- tution, in its strict and limited sense.

From what has been said, it is manifest, that this provision must be of a character calculated to pre- vent any one interest, or combination of interests, from using the powers of government to aggrandize itself at the expense of the others. Here lies the evil : and just in proportion as it shall prevent, or fail to prevent it, in the same degree it will eiiect, or fail to effect the end intended to be accomplished. There is but one certain mode in which this result can be secured; and that is, by the adoption of some restriction or limitation, which shall so effec- tually prevent any one interest, or combination of interests, from obtaining the exclusive control of the government, as to render hopeless all attempts di- rected to that end. There is, again, but one mode

A DISQUISITION ON GOVERNMENT. 25

in whicli this can be effected ; and that is, by taking the sense of each interest or portion of the commu- nity, which may be unequally and injuriously affect- ed by the action of the government, separately, through its own majority, or in some other way by which its voice may be fairly expressed ; and to re- quire the consent of each interest, either to put or to keep the government in action. This, too, can be accomplished only in one way, — and that is, by such an organism of the government, — and, if neces- sary for the purpose, of the community also, — as will, by dividing and distributing the powers of government, give to each division or interest, through its appropriate organ, either a concurrent voice in making and executing the laws, or a veto on their execution. It is only by such an organism, that the assent of each can be made necessary to put the government in motion ; or the power made effectual to arrest its action, when put in motion ; — and it is only by the» one or the other that the different in- terests, orders, classes, or portions, into which the community may be divided, can be protected, and all conflict and struggle between them prevented, — by rendering it impossible to put or to keep it in action, without the concurrent consent of all.

Such an organism as this, combined with the right of suffrage, constitutes, in fact, the elements of constitutional government. The one, by render- ing those who make and execute the laws resi)onsi- ble to those on whom they operate, prevents the rulers from oppressing the ruled; and the other, by making it impossible for any one interest or

26 A DISQUISITION ON GOVERNMENT.

combination of interests or class, or order, or por- tion of the community, to obtain exclusive control, prevents any one of tliem from oppressing the other. It is clear, that oppression and abuse of power must come, if at all, from the one or the other quarter. From no other can they come. It follows, that the two, suffrage and proper organism com- bined, are sufficient to counteract the tendency of government to oppression and abuse of power ; and to restrict it to the fulfilment of the great ends for which it is ordained.

In coming to this conclusion, I have assumed the organism to be perfect, and the different interests, portions, or classes of the community, to be suffi- ciently enlightened to understand its character and object, and to exercise, with due intelligence, the right of suffrage. To the extent that either may be defective, to the same extent the government would fall short of fulfilling its end. But this does not impeach the truth of the principles, on which it rests. In reducing them to proper form, in apply- ing them to practical uses, all elementary princi- ples are liable to difficulties ; but they are not, on this account, the less true, or valuable. Where the organism is perfect, every interest will be truly and fully represented, and of course the whole commu- nity must be so. It may be difficult, or even impos- sible, to make a perfect organism, — but, although this be true, yet even when, instead of the sense of each and of all, it takes that of a few great and prominent interests only, it would still, in a great measure, if not altogether, fulfil the end intended

A DISQUISITION ON ftOVEENMENT. 27

by a constitution. For, in such case, it would re- quire so large a portion of the community, compared with the whole, to concur, or acquiesce in the action of the government, that the number to be plunder- ed would be too few, and the number to be aggran- dized too many, to afford adequate motives to op- pression and the abuse of its powers. Indeed, how- ever imperfect the organism, it must have more or less effect in diminishing such tendency.

It may be readily inferred, from what has been stated, that the effect of organism is neither to su- persede nor diminish the importance of the right of suffrage ; but to aid and perfect it. The oljject of the latter is, to collect the sense of the commu- nity. The more fully and perfectly it accomplishes this, the more fully and perfectly it fulfils its end. But the most it can do, of itself, is to collect the sense of the greater number ; that is, of the stronger interests, or combination of interests ; a.nd to assume this to be the sense of the community. It is only when aided by a proper organism, that it can col- lect the sense of the entire community, — of each and all its interests; of each, through its appropriate organ, and of the whole, through all of them united. This would truly be the sense of the entire commu- nity; for whatever diversity each interest might have within itself, — as all would have the same in- terest in reference to the action of the government, the indi\dduals composing each would be fully and truly represented by its own majority or appropriate organ, regarded in reference to the other interests. In brief, every individual of every interest might

28 A DISQUISITION ON GOVERNMENT.

trust, with confidence, its majority or appropriate organ, against that of every other interest.

It results, from what has been said, that there are two different modes in which the sense of the community may be taken ; one, simply by the right of suffrage, unaided ; the other, by the right through a proper organism. Each collects the sense of the majority. But one regards numbers only, and con- siders the whole community as a unit, having but one common interest throughout ; and collects the sense of the greater number of the whole, as that of the community. The other, on the contrary, regards interests as well as numbers ; — considering the com- munity as made up of different and conflicting inte- rests, as far as the action of the government is con- cerned ; and takes the sense of each, through its majority or appropriate organ, and the united sense of all, as the sense of the entire community. The former of these I shall call the numerical, or abso- lute majority; and the latter, the concurrent, or constitutional majority. I call it the constitutional majority, because it is an essential element in every constitutional government, — be its form what it may. So great is the difference, politically speaking, be- tween the two majorities, that they cannot be con- founded, without leading to great and fatal errors ; and yet the distinction between them has been so entirely overlooked, that when the term majority is used in political discussions, it is applied exclu- sively to designate the numerical, — as if there were no other. Until this distinction is recognized, and better understood, there will continue to be great

A DISQUISITION ON GOVERNMENT. 29

liability to error in properly constructing constitu- tional governments, especially of tlie popular form, and of preserving tliem when properly constructed. Until then, the latter will have a strong tendency to slide, first, into the government of the nume- rical majority, and, finally, into absolute govern- ment of some other form. To show that such must be the case, and at the same time to mark more strongly the difference between the two, in order to guard against the danger of overlooking it, I pro- pose to consider the subject more at length.

The first and leading error which naturally arises from overlooking the distinction referred to, is, to confound the numerical majority with the people ; and this so completely as to regard them as identi- cal. This is a consequence that necessarily results from considering the numerical as the only majori- ty. All admit, that a popular government, or de- mocracy, is the government of the people ; for the terms imply this. A perfect government of the kind would be one which would embrace the con- sent of every citizen or member of the community ; but as this is impracticable, in the opinion of those who regard the numerical as the only majority, and who can perceive no other way by which the sense of the people can be taken, — they are compelled to adopt this as the only true basis of popular government, in contradistinction to governments of the aristocratical or monarchical form. Being thus constrained, they are, in the next place, forced to regard the numerical majority, as, in eftect, the entire people ; that is, the greater part as the whole ; and

30 A DISQUISITION ON GOVERNMENT.

the government of tlie greater part as the govern- ment of the whole. It is thus the two come to be confounded, and a part made identical with the whole. And it is thus, also, that all the rights, powers, and immunities of the whole people come to be attributed to the numerical majority ; and, among others, the supreme, sovereign authority of establishing and abolishing governments at pleasure. This radical error, the consequence of confound- ing the two, and of regarding the numerical as the only majority, has contributed more than any other cause, to prevent the formation of popular consti- tutional governments, — and to destroy them even when they have been formed. It leads to the con- clusion that, in their formation and establishment, nothing more is necessary than the right of suf- frage,— and the allotment to each division of the community a representation in the government, in proportion to numbers.- If the numerical majority were really the people ; and if, to take its sense tru- ly, were to take the sense of the people truly, a government so constituted would be a true and per- fect model of a popular constitutional government ; and every departure from it would detract from its excellence. But, as such is not the case, — as the numerical majority, instead of being the people, is only a portion of them, — such a government, instead of being a true and perfect model of the people's government, that is, a people self-governed, is but the government of a part, over a part, — the major over the minor portion.

But this misconception of the true elements of

A DISQUISITION ON GOVERNMENT. 31

constitutional government does not stop here. It leads to others equally false and fatal, in reference to the best means of preserving and perpetuating them, when, from some fortunate combination of circum- stances, they are correctly formed. For they who fall into these errors regard the restrictions which organism imposes on the will of the numerical ma- jority as restrictions on the will of the people, and, therefore, as not only useless, but wrongful and mischievous. And hence they endeavor to destroy organism, under the delusive hope of making gov- ernment more democratic.

Such are some of the consequences of confound- ing the two, and of regarding the numerical as the only majority. And in this may be found the rea- son why so few popular governments have been properly constructed, and why, of these few, so small a number have proved durable. Such must continue to be the result, so long as tliese errors continue to be prevalent.

There is another error, of a kindred character, whose influence contributes much to the same re- sults : I refer to the prevalent opinion, that a writ- ten constitution, containing suitable restrictions on the powers of government, is sufficient, of itself, without the aid of any organism, — except such as is necessary to separate its several departments, and render them independent of each other, — to coun- teract the tendency of the numerical majority to oppression and the abuse of power.

A written constitution certainly has many and considerable advantages ; but it is a gi^eat mistake

32 A DISQUISITION ON GOVERNMENT.

to suppose, that tlie mere insertion of provisions to restrict and limit the powers of the government, without investing those for whose protection they are inserted with the means of enforcing their ob- servance, will be sufficient to prevent the major and dominant party from abusing its powers. Being the party in possession of the government, they will, from the same constitution of man which makes government necessary to protect society, be in favor of the powers granted by the constitution, and op- posed to the restrictions intended to limit them. As the major and dominant party, they will have no need of these restrictions for their protection. The ballot-box, of itself, would be ample protection to them. Needing no other, they would come, in time, to regard these limitations as unnecessary and improper restraints ; — and endeavor to elude them, with the view of increasing their power and influ- ence.

The minor, or weaker party, on the contrary, would take the opposite direction ; — and regard them as essential to their protection against the dominant party. And, hence, they would endeavor to defend and enlarge the restrictions, and to limit and contract the powers. But where there are no means by which they could compel the major party to observe the restrictions, the only resort left them would be, a strict construction of the constitution, — that is, a construction which would confine these powers to the narrowest limits which the meaning of the words used in the grant would admit.

To this the major party would oppose a liberal

A DISQUISITION ON GOVERNMENT. S3

construction, — one which would give to the words of the grant the broadest meaning of which they were susceptible. It would then be construction against construction ; the one to contract, and the other to enlarge the powers of the government to the ut- most. But of what possible avail could the strict construction of the minor party be, against the liberal interpretation of the major, when the one would have all the powers of the government to carry its construction into effect, — and the other be deprived of all means of enforcing its construction ? In a contest so unequal, the result would not be doubtful. The party in favor of the restrictions would be overpowered. At first, they might command some respect, and do something to stay the march of encroachment ; but they would, in the progress of the contest, be regarded as mere abstractionists ; and, indeed, deservedly, if they should indulge the folly of supposing that the party in possession of the ballot-box and the physical force of the coun- try, could be successfully resisted by an appeal to reason, truth, justice, or the obligations imposed by the constitution. For when these, of themselves, shall exert sufficient influence to stay the hand of power, then government will be no longer necessary to pro- tect society, nor constitutions needed to prevent government from abusing its powers. The end of the contest would be the subversion of the consti- tution, either by the undermining process of con- struction,— where its meaning would admit of pos- sible doubt, — or by substituting in practice what is called party-usage, in place of its provisions ; — 3

34 A DISQUISITION ON GOVERNMENT.

or, finally, wlien no other contrivance would sub- serve the purpose, by of)enly and boldly setting them aside. By the one or the other, the restric- tions w.ould ultimately be annulled, and the gov- ernment be converted into one of unlimited powers.

Nor would the division of government into se- parate, and, as it regards each other, independent departments, prevent this result. Such a division may do much to facilitate its operations, and to secure to its administration greater caution and de- liberation ; but as each and all the departments, — and, of course, the entire government, — would be under the control of the numerical majority, it is too clear to require explanation, that a mere distri- bution of its powers among its agents or rej)resen- tatives, could do little or nothing to counteract its tendency to oppression and abuse of power. To effect this, it would be necessary to go one step further, and make the several departments the or- gans of the distinct interests or portions of the com- munity ; and to clothe each with a negative on the others. But the effect of this would be to change the government from the numerical into the concur- rent majority.

Having now explained the reasons why it is so difficult to form and preserve popular constitutional government, so long as the distinction between the two majorities is overlooked, and the opinion pre- vails that a wiitten constitution, with suitable re- strictions and a proper division of its powers, is suf- ficient to counteract the tendency of the numerical

A DISQUISITION ON GOVERNMENT. 35

majority to tlie abuse of its power, — I sliall next proceed to explain, more fully, why the concurrent majority is an indispensable element in forming con- stitutional governments; and wliy the numerical majority, of itself, must, in all cases, make govern- ments absolute.

The necessary consequence of taking the sense of the community by the concurrent majority is, as has been explained, to give to each interest or por- tion of the community a negative on the others. It is this mutual negative among its various conflicting interests, which invests each with the power of pro- tecting itself; — and places the rights and safety of each, where only they can be securely placed, under its own guardianship. Without this there can be no systematic, peaceful, or effective resistance to the natural tendency of each to come into conflict with the others : and without this there can be no con- stitution. It is this negative power, — the power of preventing or arresting the action of the govern- ment,— be it called by what term it may, — veto, in- terposition, nullification, check, or balance of power, — which, in fact, forms the constitution. They are all but different names for the negative power. In all its forms, and under all its names, it results from the concurrent majority. Without this there can be no negative ; and, without a negative, no constitu- tion. The assertion is true in reference to all con- stitutional governments, be their forms what they may. It is, indeed, the negative power which makes the constitution, — and the positive which makes the government. The one is the power of

36 A DISQUISITION ON GOVERNMENT.

acting ; — and the other tlie power of preventing or arresting action. The two, combined, make consti- tutional governments.

But, as there can be no constitution without the negative power, and.no negative power without the concurrent majority; — it follows, necessarily, that where the numerical majority has the sole control of the government, there can be no constitution; as constitution implies limitation or restriction, — and, of course, is inconsistent with the idea of sole or ex- clusive power. And hence, the numerical, unmixed with the concurrent majority, necessarily forms, in all cases, absolute government.

It is, indeed, the single, or one power ^ which ex- cludes the negative, and constitutes absolute govern- ment ; and not the number in whom the power is vested. The numerical majority is as truly a single power ^ and excludes the negative as completely as the absolute government of one, or of the few. The former is as much the absolute government of the democratic, or popular form, as the latter of the monarchical or aristocratical. It has, accordingly, in common with them, the same tendency to oppres- sion and abuse of power.

Constitutional governments, of whatever form, are, indeed, much more similar to each other, in their structure and character, than they are, respect- ively, to the absolute governments, even of their own class. All constitutional governments, of whatever class they may be, take the sense of the community by its parts, — each through its appropriate organ ; and regard the sense of all its parts, as the sense of

A DISQUISITION ON GOVERNMENT. 37

the whole. They all rest on the right of suffrage, and the responsibility of rulers, directly or indirect- ly. On the contrary, all absolute governments, of whatever form, concentrate power in one uncon- trolled and irresponsible individual or body, whose will is regarded as the sense of the community. And, hence, the great and broad distinction be- tween governments is, — not that of the one, the few, or the many, — but of the constitutional and the absolute.

From this there results another distinction, which, although secondary in its character, very strongly marks the difference between these forms of government. I refer to theii' respective conser- vative principle ; — that is, the principle by which they are upheld and preserved. This principle, in constitutional governments, is compromise ; — and in absolute governments, \s> force ', — as will be next ex- plained.

It has been already shown, that the same con- stitution of man which leads those who govern to oppress the governed, — if not prevented, — will, with equal force and certainty, lead the latter to resist oppression, when possessed of the means of doing so peaceably and successfully. But absolute gov- ernments, of all forms, exclude all other means of resistance to their authority, than that of force ; and, of course, leave no other alternative to the governed, but to acquiesce in oppression, however great it may be, or to resort to force to put down the government. But the dread of such a resort must necessarily lead the government to prepare to

38 A DISQUISITION ON GOVERNMENT.

meet force in order to protect itself; and hence, of necessity, force becomes the conservative principle of all such governments.

On the contrary, the government of the concur- rent majority, where the organism is perfect, ex- cludes the possibility of oppression, by giving to each interest, or portion, or order, — where there are established classes, — the means of protecting itself, by its negative, against all measures calculated to advance the peculiar interests of others at its ex- pense. Its effect, then, is, to cause the different in- terests, portions, or orders, — as the case may be, — to desist from attempting to adopt any measure calcu- lated to promote the prosperity of one, or more, by sacrificing that of others ; and thus to force them to unite in such measures only as would promote the prosperity of all, as the only means to prevent the suspension of the action of the government ; — and, thereby, to avoid anarchy, the greatest of all evils. It is by means of such authorized and effectual re- sistance, that oppression is prevented, and the ne- cessity of resorting to force superseded, in govern- ments of the concurrent majority; — and, hence, compromise, instead of force, becomes their conser- vative principle.

It would, perhaps, be more strictly , correct to trace the conservative principle of constitutional governments to the necessity which compels the different interests, or portions, or orders, to com- promise,— as the only way to promote their respec- tive prosperity, and to avoid anarchy, — rather than to the compromise itself. No necessity can be more

A DISQUISITION ON GOVERNMENT. 39

urgent and imperious, than that of avoiding anar- chy. It is the same as that which makes govern- ment indispensable to preserve society ; and is not less imperative than that which compels obedience to superior force. Traced to this source, the voice of a people, — ^uttered under the necessity of avoid- ing the greatest of calamities, through the organs of a government so constructed as to suppress the ex- pression of all partial and selfish interests, and to give a full and faithful utterance to the sense of the whole community, in reference to its common welfare, — may, without impiety, be called the voice of Ood. To call any other so, would be impious.

In stating that force is the conservative princi- ple of absolute, and compromise of constitutional governments, I have assumed both to be perfect in their kind ; but not without bearing in mind, that few or none, in fact, have ever been so absolute as not to be under some restraint, and none so perfect- ly organized as to represent fully and perfectly the voice of the whole community. Such being the case, all must, in practice, depart more or less from the principles by which they are respectively upheld and preserved ; and depend more or less for sup- port, on force, or compromise, as the absolute or the constitutional form predominates in their re- spective organizations.

Nor, in stating that absolute governments ex- clude all other means of resistance to its authority than that of force, have I overlooked the case of gov- ernments of the numerical majority, which form, apparently, an exception. It is true that, in such

40 A DISQUISITION ON GOVEENMENT.

governments, tlie minor and subject party, for fhe time, have the right to oppose and resist the major and dominant party, for the time, through the bal- lot-box; and may turn them out, and take their place, if they can obtain a majority of votes. But, it is no less true, that this would be a mere change in the relations of the two parties. The minor and subject party would become the major and domi- nant party, with the same absolute authority and tendency to abuse power; and the major and dom- inant party would become the minor and subject party, with the same right to resist through the ballot-box ; and, if successful, again to change rela- tions, with like effect. But such a state of things must necessarily be temporary. The conflict be- tween the two parties must be transferred, sooner or later, from an appeal to the ballot-box to an ap- peal to force ; — as I shall next proceed to explain.

The conflict between the two parties, in the gov- ernment of the numerical majority, tends necessari- ly to settle down into a struggle for the honors and emoluments of the government ; and each, in order to obtain an object so ardently desired, will, in the process of the struggle, resort to whatever measure may seem best calculated to effect this purpose. The adoption, by the one, of any measure, however objectionable, which might give it an advantage, would compel the other to follow its example. In such case, it would be indispensable to success to avoid division and keep united ; — and hence, from a neces- sity inherent in the nature of such governments, each party must be alternately forced, in order to insure

A DISQUISITION ON GOVERNMENT. 41

victory, to resort to measures to concentrate tlie control over its movements in fewer and fewer hands, as the struggle became more and more vio- lent. This, in process of time, must lead to party organization, and party caucuses and discipline ; and these, to the conversion of the honors and emolu- ments of the government into means of rewarding partisan services, in order to secure the fidelity and increase the zeal of the members of the party. The effect of the whole combined, even in the earlier stages of the process, when they exert the least per- nicious influence, would be to place the control of the two parties in the hands of their respective ma- jorities ; and the government itself, wtually, under the control of the majority of the dominant party, for the time, instead of the majority of the whole community ; — where the theory of this form of gov- ernment vests it. Thus, in the very first stage of the process, the government becomes the government of a minority instead of a majority ; — a minority, usually, and under the most favorable circumstances, of not much more than one-fourth of the whole community. But the process, as regards the concentration of power, would not stop at this stage. The govern- ment would gradually pass from the hands of the majority of the party into those of its leaders; as the struggle became more intense, and the honors and emoluments of the government the all-absorbing objects. At this stage, principles and policy would lose all influence in the elections; and cunning, falsehood, deception, slander, fraud, and gross ap- peals to the appetites of the lowest and most worth-

42 A DISQUISITION ON GOVERNMENT.

less portions of tlie community, would take tlie place of sound reason and wise debate. After these have thoroughly debased and corrupted the com- munity, and all the arts and devices of party have been exhausted, the government would vibrate be- tween the two factions (for such will parties have become) at each successive election. Neither would be able to retain power beyond some fixed term ; for those seeking office and patronage would be- come too numerous to be rewarded by the offices and patronage at the disposal of the government ; and these being the sole objects of pursuit, the dis- appointed would, at the next succeeding election, throw their weight into the opposite scale, in the hope of better success at the next turn of the wheel. These vibrations would continue until confusion, corruption, disorder, and anarchy, would lead to an appeal to force ; — to be followed by a revolution in the form of the government. Such must be the end of the government of the numerical majority ; and such, in brief, the process through which it must pass, in the regular course of events, before it can reach it.

This transition would be more or less rapid, ac- cording to cu-cumstances. The more numerous the population, the more extensive the country, the more diversified the climate, productions, pursuits and character of the people, the more wealthy, refined, and artificial their condition, — and the greater the amount of revenues and disbursements, — the more unsuited would the community be to such a govern- ment, and the more rapid would be the passage.

A DISQUISITION ON GOVERNMENT. 43

On the other hand, it might be slow in its progress amongst small communities, dm-ing the early stages of their existence, with inconsiderable revenues and dis- bursements, and a population of simple habits ; pro- vided the people are sufSciently intelligent to exer- cise properly, the right of suffrage, and sufficiently conversant with the rules necessary to govern the de- liberations of legislative bodies. It is, perhaps, the only form of popular government suited to a peo- ple, while they remain in such a condition. Any other would be not only too complex and cumber- some, but unnecessary to guard against oppression, where the motive to use power for that purpose would be so feeble. And hence, colonies, from countries having constitutional governments, if left to themselves, usually adopt governments based on the numerical majority. But as population increases, wealth accumulates, and, above all, the revenues and expenditures become large, — governments of this form must become less and less suited to the condition of society; until, if not in the mean time changed into governments of the concurrent majority, they must end in an appeal to force, to be followed by a radical change in its structure and character; and, most probably, into monarchy in its absolute form, — as will be next explained.

Such, indeed, is the repugnance between popular governments and force, — or, to be more specific, — mi- litary power, — that the almost necessary consequence of a resort to force, by such governments, in order to maintain their authority, is, not only a change of theu' form, but a change into the most opposite,

44 A DISQUISITION ON GOVERNMENT.

— that of absolute monarchy. The two are the op- posites of each other. From the natm'e of popular governments, the control of its powers is vested in the many ; while military power, to be efficient, must be vested in a single individual. When, then, the two parties, in governments of the numerical major- ity, resort to force, in their struggle for supremacy, he who commands the successful party will have the control of the government itself And, hence, in such contests, the party which may prevail, will usually find, in the commander of its forces, a master, under whom the great body of the community will be glad to find protection against the incessant agi- tation and violent struggles of two corrupt factions, — ^looking only to power as the means of securing to themselves the honors and emoluments of the government.

From the same cause, there is a like tendency in aristocratical to terminate in absolute governments of the monarchical form ; but by no means as strong, because there is less repugnance between military power and aristocratical, than between it and de- mocratical governments.

A broader position may, indeed, be taken ; viz., that there is a tendency, in constitutional govern- ments of every form, to degenerate into their re- spective absolute forms ; and, in all absolute govern- ments, into that of the monarchical form. But the tendency is much stronger in constitutional govern- ments of the democratic form to degenerate into then- respective absolute forms, than in either of the others ; because, among other reasons, the distinc-

A DISQUISITION ON GOVERNMENT. 45

tion between the constitutional and absolute forms of aristocratical and monarchical governments, is far more strongly marked than in democratic governments. The effect of this is, to make the different orders or classes in an aristocracy, or mon- archy, far more jealous and watchful of encroach- ment on their respective rights ; and more resolute and persevering in resisting attempts to concentrate power in any one class or order. On the contrary, the line between the two forms, in popular govern- ments, is so imperfectly understood, that honest and sincere friends of the constitutional form not unfre- quently, instead of jealously watching and arresting their tendency to degenerate into their absolute forms, not only regard it with approbation, but em- ploy all their powers to add to its strength and to increase its impetus, in the vain hope of making the government more perfect and popular. The nu- merical majority, perhaps, should usually be one of the elements of a constitutional democracy ; but to make it the sole element, in order to perfect the constitution and make the government more popu- lar, is one of the greatest and most fatal of politi- cal errors.

Among the other advantages which governments of the concurrent have over those of the numeri- cal majority, — and which strongly illustrates their more popular character, is, — that they admit, with safety, a much greater extension of the right of suffrage. It may be safely extended in such gov- ernments to universal suffrage : that is, — to every male citizen of mature age, with few ordinary ex-

46 A DISQUISITION ON GOVERNMENT.

ceptions ; but it cannot be so far extended in those of the numerical majority, without placing them ul- timately under the control of the more ignorant and dependent portions of the community. For, as the community becomes populous, wealthy, re- fined, and highly civilized, the difference between the rich and the poor will become more strongly marked ; and the number of the ignorant and de- pendent greater in proportion to the rest of the community. With the increase of this difference, the tendency to conflict between them will become stronger ; and, as the poor and dependent become more numerous in proportion, there will be, in gov- ernments of the numerical majority, no want of leaders among the wealthy and ambitious, to excite and direct them in their efforts to obtain the con- trol.

The case is different in governments of the con- current majority. There, mere numbers have not the absolute control ; and the wealthy and intelli- gent being identified in interest with the poor and ignorant of their respective portions or interests of the community, become their leaders and protectors. And hence, as the latter would have neither hope nor inducement to rally the former in order to ob- tain the control, the right of suffrage, under such a government, may be safely enlarged to the extent stated, without incurring the hazard to which such enlargement would exj)ose governments of the nu- merical majority.

In another particular, governments of the con- current majority have greatly the advantage. I

A DISQUISITION ON GOVERNMENT. 47

allude to the difference in their respective tendency, in reference to dividing or uniting the community. That of the concurrent, as has been shown, is to unite the community, let its interests be ever so diversified or opposed ; while that of the numerical is to divide it into two conflicting portions, let its interests be, naturally, ever so united and identi- fied.

That the numerical majority will divide the community, let it be ever so homogeneous, into two great parties, which will be engaged in perpetual struggles to obtain the control of the government, has already been established. The great import- ance of the object at stake, must necessarily form strong party attachments and party antipathies ; — attachments on the part of the members of each to their respective parties, through whose efforts they hope to accomplish an object dear to all ; and an- tipathies to the opposite party, as presenting the only obstacle to success.

In order to have a just conception of their force, it must be taken into consider^^^'on, that the object to be won or lost appeals to the strongest passions of the human heart, — avarice, ambition, and rivalry. It is not then wonderful, that a form of government, which periodically stakes all its honors and emolu- ments, as prizes to be contended for, should divide the community into two great hostile parties ; or that party attachments, in the progress of the strife, should become so strong among the members of each respectively, as to absorb almost every feeling of our nature, both social and individual ; or that

48 A DISQUISITION ON GOVERNMENT.

their mutual antipathies should be carried to such an excess as to destroy, almost entirely, all sympa- thy between them, and to substitute in its place the strongest aversion. Nor is it surprising, that under theii' joint influence, the community should cease to be the common centre of attachment, or that each party should find that centre only in itself. It is thus, that, in such governments, devotion to party becomes stronger than devotion to country ; — the promotion of the interests of party more important than the promotion of the common good of the whole, and its triumph and ascendency, objects of far greater solicitude, than the safety and prosperity of the community. It is thus, also, that the numer- ical majority, by regarding the community as a unit, and having, as such, the same interests through- out all its parts, must, by its necessary operation, divide it into two hostile parts, waging, under the forms of law, incessant hostilities against each other. The concurrent majority, on the other hand, tends to unite the most opposite and conflicting in- terests, and to blend the whole in one common at- tachment to the country. By giving to each inte- rest, or portion, the power of self-protection, all strife and struggle between them for ascendency, is prevented; and, thereby, not only every feeling calculated to weaken the attachment to the whole is suppressed, but the individual and the social feel- ings are made to unite in one common devotion to country. Each sees and feels that it can best pro- mote its own prosperity by conciliating the good- will, and promoting the prosperity of the others.

A DISQUISITION ON GOVERNMENT. 49

And hence, there will be diffused throughout the whole community kind feelings between its differ- ent portions ; and, instead of antipathy, a rivalry amongst them to promote the interests of each other, as far as this can be done consistently with the in- terest of all. Under the combined influence of these causes, the interests of each would be merged in the common interests of the whole ; and thus, the community would become a unit, by becoming the common centre of attachment of all its parts. And hence, instead of faction, strife, and struggle for party ascendency, there would be patriotism, nationality, harmony, and a struggle only for supre- macy in promoting the common good of the whole. But the difference in their operation, in this re- spect, would not end here. Its effects would be as great in a moral, as I have attempted to show they would be in a political point of view. Indeed, pub- lic and private morals are so nearly allied, that it would be difficult for it to be otherwise. That which corrupts and debases the community, politi- cally, must also corrupt and debase it morally. The same cause, which, in governments of the nu- merical majority, gives to party attachments and antipathies such force, as to place party triumph and ascendency above the safety and prosperity of the community, will just as certainly give them suf- ficient force to overpower all regard for truth, jus- tice, sincerity, and moral obligations of every de- scription. It is, accordingly, found that, in the vio- lent strifes between parties for the high and glit- tering prize of governmental honors and emolu- 4

50 A DISQUISITION ON GOVERNMENT.

ments, — falsehood, injustice, fraud, artifice, slander, and breach of faith, are freely resorted to, as legiti- mate weapons; — followed by all their corrupting and debasing influences.

In the government of the concurrent majority, on the contrary, the same cause which prevents such strife, as the means of obtaining power, and which makes it the interest of each portion to con- ciliate and promote the interests of the others, would exert a powerful influence towards purifying and elevating the character of the government and the people, morally, as well as politically. The means of acquiring power, — or, more correctly, in- fluence,— in such governments, would be the re- verse. Instead of the vices, by which it is ac- quired in that of the numerical majority, the oppo- site virtues — truth, justice, integrity, fidelity, and all others, by which respect and confidence are in- spired, would be the most certain and effectual means of acquiring it.

Nor would the good efifects resulting thence be confined to those who take an active part in politi- cal affairs. They .would extend to the whole com- munity. For of all the causes which contribute to form the character of a people, those by which power, influence, and standing in the government are most certainly and readily obtained, are, by far, the most powerful. These are the objects most eagerly sought of all others by the talented and aspiring; and the possession of which commands the greatest respect and admiration. But, just in proportion to this respect and admiration will be

A DISQUISITIOIT ON GOVERNMENT. 51

their appreciation by those, whose energy, intellect, and position in society, are calculated to exert the greatest influence in forming the character of a peo- ple. If knowledge, wisdom, patriotism, and virtue, be the most certain means of acquiring them, they will be most highly appreciated and assiduously cultivated ; and this would cause them to become prominent traits in the character of the people. But if, on the contrary, cunning, fraud, treachery, and party devotion be the most certain, they will be the most highly prized, and become marked fea- tures in their character. So powerful, indeed, is the operation of the concurrent majority, in this respect, that, if it were possible for a corrupt and degenerate community to establish and maintain a well-organ- ized government of the kind, it would of itself pu- rify and regenerate them ; while, on the other hand, a government based wholly on the numerical ma- jority, would just as certainly corrupt and debase the most patriotic and virtuous people. So great is their difference in this respect, that, just as the one or the other element predominates in the construction of any government, in the same proportion will the character of the government and the people rise or sink in the scale of patriotism and virtue. Neither religion nor education can counteract the strong tendency of the numerical majority to corrupt and debase the people.

If the two be compared, in reference to the ends for which government is ordained, the superiority of the government of the concurrent majority will not be less striking. These, as has been stated,

52 A DISQUISITION ON GOVERNMENT.

are twofold; to protect, and to perfect society. But to preserve society, it is necessary to guard tlie community against injustice, violence, and anarchy within, and against attacks from without. If it fail in either, it would fail in the primary end of gov- ernment, and would not deserve the name.

To perfect society, it is necessary to develope the faculties, intellectual and moral, with which man is endowed. But the main spring to their de- velopment, and, through this, to progress, improve- ment and civilization, with all their blessings, is the desire of individuals to better their condition. For, this purpose, liberty and security are indispensable. Liberty leaves each free to pursue the course he may deem best to promote his interest and happiness, as far as it may be compatible with the primary end for which government is ordained ; — while se- curity gives assurance to each, that he shall not be deprived of the fruits of his exertions to better his condition. These combined, give to this desire the strongest impulse of which it is susceptible. For, to extend liberty beyond the limits assigned, would be to weaken the government and to render it in- competent to fulfil its primary end, — the protection of society against dangers, internal and external. The effect of this would be, insecurity ; and, of in- security,— to weaken the impulse of individuals to better their condition, and thereby retard progress and improvement. On the other hand, to extend the powers of the government, so as to contract the sphere assigned to liberty, would have the same effect, l^y disabling individuals in their efforts to better their condition.

A DISQUISITION ON GOVEKNMENT. 53

Herein is to be fouiid tlie principle wliicli as- signs to power and liberty their proper spheres, and reconciles each to the other under all circum- stances. For, if power be necessary to secure to liberty the fruits of its exertions, liberty, in turn, repays power with interest, by increased popula- tion, wealth, and other advantages, which progress and improvement bestow on the community. By thus assigning to each its appropriate sphere, all conflicts between them cease ; and each is made to co-operate with and assist the other, in fulfilling the great ends for which government is ordained.

But the principle, applied to different commu- nities, will assign to them different limits. It will assign a larger sphere to power and a more con- tracted one to liberty, or the reverse, according to circumstances. To the former, there must ever be allotted, under all circumstances, a sphere suffi- ciently large to protect the community against dan- ger from without and violence and anarchy within. The residuum belongs to liberty. More cannot be safely or rightly allotted to it.

But some communities require a far greater amount of power than others to protect them against anarchy and external dangers; and, of course, the sphere of liberty in such, must be pro- portionally contracted. The causes calculated to enlarge the one and contract the other, are numer- ous and various. Some are physical ; — ^^such as open and exposed frontiers, surrounded by powerful and hostile neighbors. Others are moral ; — such as the different degrees of intelligence, patriotism, and vir-

64 A DISQUISITION ON GOVERNMENT.

tue among the mass of tlie community, and their experience and proficiency in the art of self-govern- ment. Of these, the moral are, by far, the most influential. A community may possess all the ne- cessary moral qualifications, in so high a degree, as to be capable of self-government under the most adverse circumstances; while, on the other hand, another may be so sunk in ignorance and vice, as to be incapable of forming a conception of liberty, or of living, even when most favored by circumstances, under any other than an absolute and despotic gov- ernment.

The principle, in all communities, according to these numerous and various causes, assigns to pow- er and liberty their proper spheres. To allow to liberty, in any case, a sphere of action more extend- ed than this assigns, would lead to anarchy ; and this, probably, in the end, to a contraction in- stead of an enlargement of its sphere. Liberty, then, when forced on a people unfit for it, would, in- stead of a blessing, be a curse ; as it would, in its reaction, lead directly to anarchy, — the greatest of all curses. No people, indeed, can long enjoy more liberty than that to which their situation and ad- vanced intelligence and morals fairly entitle them. If more than this be allowed, they must soon fall into confusion and disorder, — to be followed, if not by anarchy and despotism, by a change to a form of government more simple and absolute ; and, therefore, better suited to their condition. And hence, although it may be true, that a people may not have as much liberty as they are fairly entitled

A DISQUISITION ON GOVERNMENT. 55

to, and are capable of enjoying, — yet the reverse is unquestionably true, — tliat no j)eople can long pos- sess more than they are fairly entitled to.

Liberty, indeed, though among the greatest of blessings, is not so great as that of protection ; in- asmuch, as the end of the former is the progress and improvement of the race, — while that of the latter is its preservation and perpetuation. And hence, when the two come into conflict, liberty must, and ever ought, to yield to protection ; as the existence of the race is of greater moment than its improve-' ment.

It follows, from what has been stated, that it is a great and dangerous error to suppose that all peo- ple are equally entitled to liberty. It is a reward to be earned, not a blessing to be gratuitously lav- ished on all alike ; — a reward reserved for the in- telligent, the patriotic, the vu'tuous and deserving ; — and not a boon to be bestowed on a people too ignorant, degraded and vicious, to be capable either of ai)preciatiug or of enjoying it. Nor is it any disparagement to liberty, that such is, and ought to be the case. On the contrary, its greatest praise, — its proudest distinction is, that an all-wise Provi- dence has reserved it, as the noblest and highest re- w^ard for the development of our faculties, moral and intellectual. A reward more appropriate than liberty could not be conferred on the deserving ; — nor a punishment inflicted on the undeserving more just, than to be subject to lawless and despotic rule. This dispensation seems to be the result of some fixed law ; — and every effort to disturb or defeat it,

56 A DISQUISITION ON GOVERNMENT.

by attempting to elevate a people in tlie scale of liberty, above the point to whicli they are entitled to rise, must ever prove abortive, and end in disap- pointment. The progress of a people rising from a lower to a higher point in the scale of liberty, is necessarily slow ; — and by attempting to precipitate, we either retard, or joermanently defeat it.

There is another error, not less great and dan- gerous, usually associated with the one which has just been considered. I refer to the oj)inion, that •liberty and equality are so intimately united, that liberty cannot be perfect without perfect equality.

That they are united to a certain extent, — and that equality of citizens, in the eyes of the law, is essential to liberty in a popular government, is con- ceded. But to go further, and make equality of condition essential to liberty, would be to destroy both liberty and progress. The reason is, that in- equality of condition, while it is a necessary conse- quence of liberty, is, at the same time, indispensa- ble to progress. In order to understand why this is so, it is necessary to bear in mind, that the main spring to progress is, the desire of individuals to better their condition ; and that the strongest im- pulse which can be given to it is, to leave individu- als free to exert themselves in the manner they may deem best for that purpose, as far at least as it can be done consistently with the ends for which govern- ment is ordained, — and to secure to all the fi'uits of their exertions. Now, as individuals differ greatly from each other, in intelligence, sagacity, energy, perseverance, skill, habits of industry and economy,

A DISQUISITION ON GOVERNMENT, 67

physical power, position and opportunity, — the ne- cessary effect of leaving all free to exert themselves to better their condition, must be a corresponding in- equality between those who may possess these quali- ties and advantages in a high degree, and those who may be deficient in them. The only means by which thi» result can be prevented are, either to im- pose such restrictions on the exertions of those who may possess them in a high degree, as will place them on a level with those who do not ; or to deprive them of the fruits of their exertions. But to impose such restrictions on them would be de- structive of liberty, — while, to deprive them of the fruits of their exertions, would be to destroy the desire of bettering their condition. It is, indeed, this inequality of condition between the front and rear ranks, in the march of progress, which gives so strong an impulse to the former to maintain their position, and to the latter to press forward into their files. This gives to progress its greatest impulse. To force the front rank back to the rear, or attempt to push forward the rear into line with the front, by the interposition of the government, would put an end to the impulse, and effectually arrest the march of progress.

These great and dangerous errors have their ori- gin in the prevalent opinion that all men ai-e born free and equal ; — than which nothing can be more unfounded and false. It rests upon the assumption of a fact, which is contrary to universal observation, in whatever light it may be regarded. It is, indeed^, difficult to explain how an opinion so destitute of

68 A DISQUISITION ON GOVERNMENT.

all sound reason, ever could have been so extensive- ly entertained, unless we regard it as being con- founded with another, which has some semblance of truth ; — but which, when properly understood, is not less false and dangerous. I refer to the asser- tion, that all men are equal in the state of nature ; meaning, by a state of nature, a state of individual- ity, supposed to have existed prior to the social and political state; and in which men lived apart and independent of each other. If such a state ever did exist, all men would have been, indeed, free and equal in it ; that is, free to do as they pleased, and exempt from the authority or control of others — as, by supposition, it existed anterior to society and government. But such a state is purely hypotheti- cal. It never did, nor can exist; as it is inconsist- ent with the preservation and perpetuation of the race. It is, therefore, a great misnomer to call it the state of nature. Instead of being the natural state of man, it is, of all conceivable states, the most opposed to his nature — most repugnant to his feel- ings, and most incompatible with his wants. His natural state is, the social and political — the one for which his Creator made him, and the only one in which he can preserve and perfect his race. As, then, there never was such a state as the, so called, state of nature, and never can be, it follows, that men, instead of being born in it, are born in the social and political state ; and of course, instead of being born free and equal, are born subject, not only to parental authority, but to the laws and institu- tions of the country where born, and under whose

A DISQUISITION ON GOVERNMENT. 59

protection they draw their first breath. With these remarks, I return from this digression, to resume the thread of the discourse.

It follows, from all that has been said, that the more perfectly a government combines power and liberty, — that is, the greater its power and the more enlarged and secure the liberty of individuals, the more perfectly it fulfils the ends for which govern- ment is ordained. To show, then, that the govern- ment of the concurrent majority is better calculated to fulfil them than that of the numerical, it is only necessary to explain why the former is better suited to combine a higher degree of power and a wider scope of liberty than the latter. I shall begin with the former.

The concurrent majority, then, is better suited to enlarge and secure the bounds of liberty, because it is better suited to prevent government from pass- ing beyond its proper limits, and to restrict it to its primary end, — the protection of the community. But in doing this, it leaves, necessarily, all beyond it open and free to individual exertions ; and thus enlarges and secures the sphere of liberty to the greatest extent which the condition of the com- munity will admit, as has been explained. The ten- dency of government to pass beyond its proper limits is what exposes liberty to danger, and ren- ders it insecure ; and it is the strong counteraction of governments of the concurrent majority to this tendency which makes them so favorable to liberty. On the contrary, those of the numerical, instead of opposing and counteracting this tendency, add to it

bO A DISQUISITION ON GOVERNMENT.

increased strength, in consequence of the violent party struggles incident to them, as has been fully- explained. And hence their encroachments on lib- erty, and the danger to which it is exposed under such governments.

So great, indeed, is the difference between the two in this respect, that liberty is little more than a name under all governments of the absolute form, including that of the numerical majority ; and can only have a secure and durable existence under those of the concurrent or constitutional form. The lat- ter, by giving to each portion of the community which may be unequally affected by its action, a negative on the others, prevents all partial or local legislation, and restricts its action to such measures as are designed for the protection and the good of the whole. In doing this, it secures, at the same time, the rights and liberty of the people, regarded individually ; as each portion consists of those who, whatever may be the diversity of interests among themselves, have the same interest in reference to the action of the government.

Such being the case, the interest of each indi- vidual may be safely confided to the majority, or voice of his portion, against that of all others, and, of course, the government itself. It is only through an organism which vests each with a negative, in some one form or another, that those who have like interests in preventing the government from passing beyond its proper sphere, and encroaching on the rights and liberty of individuals, can co-operate peaceably and effectually in resisting the encroach-

A DISQUISITION ON GOVERNMENT. 61

ments of power, and thereby preserve tlieir riglits and liberty. Individual resistance is too feeble, and the difficulty of concert and co-operation too great, unaided by such an organism, to oppose, successful- ly, the organized power of government, with all the means of the community at its disposal ; especially in populous countries of great extent, where concert and co-operation are almost impossible. Even when the oppression of the government comes to be too great to be borne, and force is resorted to in order to overthrow it, the result is rarely ever followed by the establishment of liberty. The force sufficient to overthrow an oppressive government is usually sufficient to establish one equally, (ft* more, oppres- sive in its place. And hence, in no governments, except those that rest on the principle of the con- current or constitutional majority, can the people guard their liberty against power ; and hence, also, when lost, the great difficulty and uncertainty of re- gaining it by force.

It may be further affirmed, that, being more fa- vorable to the enlargement and security of liberty, governments of the concurrent, must necessarily be more favorable to progress, development, improve- ment, and civilization, — and, of course, to the increase of power which results from, and depends on these, than those of the numerical majority. That it is liberty which gives to them their greatest impulse, has already been shown; and it now remains to show, that these, in turn, contribute greatly to the increase of power.

In the earlier stages of society, numbers and in-

62 A DISQUISITION ON GOVERNMENT.

dividual prowess constituted the principal elements of power. In a more advanced stage, when commu- nities had passed from the barbarous to the civilized state, discipline, strategy, weapons of increased power, and money, — as the means of meeting in- creased expense, — became additional and important elements. In this stage, the effects of progress and improvement on the increase of power, began to be disclosed ; but still numbers and personal prowess were sufficient, for a long period, to enable barbarous nations to contend successfully with the civilized, — and, in the end, to overpower them, — as the pages of history abundantly testify. But a more advanced progress, with itii numerous inventions and improve- ments, has furnished new and far more powerful and destructive implements of offence and defence, and greatly increased the intelligence and wealth, necessary to engage the skill and meet the increased expense required for their construction and apj^lica- tion to purposes of war. The discovery of gunpow- der, and the use of steam as an impelling force, and their application to military purposes, have for ever settled the question of ascendency between civilized and barbarous communities, in favor of the former. Indeed, these, with other improvements, belonging to the present state of progress, have given to com- munities the most advanced, a superiority over those the least so, almost as great as that of the latter over the brute creation. And among the civilized, the same causes have decided the question of supe- riority, where other circumstances are nearly equal, in favor of those whose governments have given the

A DISQUISITION ON GOVERNMENT, 63

greatest impulse to development, progress, and im- provement ; that is, to those whose liberty is the largest and best secured. Among these, England and the United States afford striking examples, not only of the effects of liberty in increasing power, but of the more perfect adaptation of governments founded on the principle of the concurrent, or con- stitutional majority, to enlarge and secure liberty. They are both governments of this description, as will be shown hereafter.

But in estimating the power of a community, moral, as well as physical causes, must be taken into the calculation ; and in estimating the effects of lib- erty on power, it must not be overlooked, that it is, in itself, an important agent in augmenting the force of moral, as well as of physical power. It be- stows on a people elevation, self-reliance, energy, and enthusiasm ; and these combined, give to phy- sical power a vastly augmented and almost irresisti- ble impetus.

These, however, are not the only elements of moral power. There are others, and among them harmony, unanimity, devotion to country, and a disposition to elevate to places of trust and power, those who are distinguished for wisdom and expe- rience. These, when the occasion requires it, will, without compulsion, and from their very nature, unite and put forth the entire force of the commu- nity in the most efficient manner, without hazard to its institutions or its liberty.

All these causes combined, give to a community its maximum of power. Either of them, without

64: A DISQUISITION" ON" GOVERNMENT,

the otlier, would leave it comparatively feeble. But it cannot be necessary, after what has been stated, to enter into any further explanation or argument in order to establish the superiority of governments of the concurrent majority over the numerical, in developing the great elements of moral power. So vast is this superiority, that the one, by its operation, necessarily leads to their de- velopment, while the other as necessarily prevents it, — as has been fully shown.

Such are the many and striking advantages of the concurrent over the numerical majority. Against the former but two objections can be made. The one is, that it is difficult of construction, which has already been sufficiently noticed ; and the other, that it would be impracticable to obtain the con- currence of conflicting interests, where they were numerous and diversified ; or, if not, that the pro- cess for this purpose, would be too tardy to meet, with sufficient promptness, the many and dangerous emergencies, to which all communities are exposed. This objection is plausible; and deserves a fuller notice than it has yet received.

The diversity of opinion is usually so great, on al- most all questions of policy, that it is not surprising, on a slight view of the subject, it should be thought impracticable to bring the various conflicting in- terests of a community to unite on any one line of policy; — or, that a government, founded on such a principle, would be too slow in its movements and too weak in its foundation to succeed in prac- tice. But, plausible as it may seem at the fii'st

A DISQUISITION ON GOVERNMENT. 65

glance, a more deliberate view Tvdll show, that this opinion is erroneous. It is true, that, when there is no urgent necessity, it is difficult to bring those who differ, to agree on any one line of action. Each will naturally insist on taking the course he may think best; — and, from pride of opinion, will be unwilling to yield to others. But the case is dif- ferent when there is an urgent necessity to unite on some common course of action ; as reason and ex- perience both prove. When something 7nust be done, — and when it can be done only by the united consent of all, — the necessity of the case will force to a compromise ; — be the cause of that necessity what it may. On all questions of acting, necessity, where it exists, is the overruling motive; and where, in such cases, compromise among the parties is an indispensable condition to acting, it exerts an overruhng influence in predisposing them to acqui- esce in some one opinion or course of action. Expe- rience furnishes many examples in confirmation of this important truth.. Among these, the trial by jury is the most familiar, and on that account, will be selected for illustration.

In these, twelve individuals, selected without dis- crimination, must unanimously concur in opinion, — under the obligations of an oath to find a true verdict, according to law and evidence; and this, •too, not unfrequently under such great difficulty and doubt, that the ablest and most experienced judges and advocates difler in opinion, after care- ful examination. And yet, as impracticable as this mode of trial would seem to a superficial observer, 5

6Q A DISQUISITION ON GOVERNMENT.

it is found, in practice, not only to succeed, but to be the safest, the wisest and the best that human ingenuity has ever devised. When closely investi- gated, the cause will be found in the necessity, under which the jury is placed, to agree unanimously, in order to find a verdict. This necessity acts as the predisposing cause of concurrence in some common opinion ; and with such efficacy, that a jury rarely fails to find a verdict.

Under its potent influence, the jurors take their seats with the disposition to give a fair and impar- tial hearing to the arguments on both sides, — meet together in the jury-room, — not as disputants, but calmly to hear the opinions of each other, and to compare and weigh the arguments on which they are founded ;— and, finally, to adopt that which, on the whole, is thought to be true. Under the influ- ence of this dis2:)osition to harmonize^ one after another falls into the same opinion, until unanimity is obtained. Hence its practicability ; — and hence, also, its peculiar excellence. Nothing, indeed, can be more favorable to the success of truth and jus- tice, than this predisposing influence caused by the necessity of being unanimous. It is so much so, as to compensate for the defect of legal knowledge, and a high degree of intelligence on the part of those who usually compose juries. If the necessity of unanimity were dispensed with, and the finding • of a juiy made to depend on a bare majority, jury- trial, instead of being one of the greatest improve- ments in the judicial department of government, would be one of the greatest evils that could be in-

A DISQUISITION ON GOVERNMENT. 67

flicted on the community. It would be, in sucli case, tlie conduit through which all the factious feelings of the day would enter and contaminate justice at its source.

But the same cause would act with still greater force in predisposing the various interests of the community to agree in a well organized government, founded on the concurrent majority. The necessity for unanimity, in order to keep the government in motion, would be far more urgent, and would act under circumstances still more favorable to secure it. It would be superfluous, after what has been stated, to add other reasons in order to show that no necessity, physical or moral, can be more imperi- ous than that of government. It is so much so that, to suspend its action altogether, even for an incon- siderable period, would subject the community to convulsions and anarchy. But in governments of the concurrent majority such fatal consequences can only be avoided by the unanimous concurrence or acquiescence of the various portions of the commu- nity. Such is the imperious character of the neces- sity which impels to compromise under governments of this description.

But to have a just conception of the overpower- ing influence it would exert, the circumstances under which it would act must be taken into considera- tion. These will be found, on comparison, much more favorable than those under which juries act. In the latter case there is nothing besides the neces- sity of unanimity in finding a verdict, and the in- convenience to which they might be subjected in the

68 A DISQUISITION ON GOVERNMENT.

event of division, to induce juries to agree, except the love of trutli and justice, wliicli, when not coun- teracted by some improper motive or bias, more or less influences all, not excepting the most depraved. In the case of governments of the concurrent ma- jority, there is, besides these, the love of country, than which, if not counteracted by the unequal and oppressive action of government, or other causes, few motives exert a greater sway. It comprehends, indeed, within itself, a large portion both of our in- dividual and social feelings ; and, hence, its almost boundless control when left free to act. But the government of the concurrent majority leaves it free, by preventing abuse and oppression, and, with them, the whole train of feelings and passions which lead to discord and conflict between different por- tions of the community. Impelled by the imperi- ous necessity of preventing the suspension of the action of government, with the fatal consequences to which it would lead, and by the strong additional impulse derived from an ardent love of country, each portion would regard the sacrifice it might have to make by yielding its peculiar interest to secure the common interest and safety of all, including its own, as nothing compared to the evils that would be inflicted on all, including its own, by pertina- ciously adhering to a different line of action. So powerful, indeed, would be the motives for concur- ring, and, under such circumstances, so weak would be those opposed to it, the wonder would be, not that there should, but that there should not be a compromise.

A DISQUISITION ON GOVEENMENT. 69

But to form a juster estimate of the full force of this impulse to compromise, there must be added that, in governments of the concurrent majority, each portion, in order to advance its own peculiar interests, would have to conciliate all others, by showing a disposition to advance theirs ; and, for this purpose, each would select those to represent it, whose wis- dom, patriotism, and weight of character, would command the confidence of the others. Under its influence, — and with representatives so well qualified to accomplish the object for which they were se- lected,— the prevailing desire would be, to promote the common interests of the whole ; and, hence, the competition would be, not which should yield the least to promote the common good, but which should yield the most. It is thus, that concession would cease to be considered a sacrifice, — would be- come a free-will offering on the altar of the country, and lose the name of compromise. And herein is to be found the feature, which distinguishes govern- ments of the concurrent majority so strikingly from those of the numerical. In the " latter, each faction, in the struggle to obtain the control of the govern- ment, elevates to power the designing, the artful, and unscrupulous, who, in their devotion to party, — in- stead of aiming at the good of the whole, — aim ex- clusively at securing the ascendency of party.

When traced to its source, this difference will be found to originate in the fact, that, in govern- ments of the concurrent majority, individual feelings are, from its organism, necessarily enlisted on the side of the social, and made to unite with them in

70 A DISQUISITION ON GOVERNMENT.

promoting fhe interests of the whole, as the best way of promoting the separate interests of each ; while, in those of the numerical majority, the social are necessarily enlisted on the side of the individual, and made to contribute to the interest of parties, regardless of that of the whole. To effect the former, — to enlist the individual on the side of the social feelings to promote the good of the whole, is the greatest possible achievement of the science of government ; while, to enlist the social on the side of the individual to promote the interest of parties at the expense of the good of the whole, is the greatest blunder which ignorance can possibly commit.

To this, also, may be referred the greater soli- dity of foundation on which governments of the concurrent majority repose. Both, ultimately, rest on necessity ; for force, by which those of the nu- merical majority are upheld, is only acquiesced in from necessity ; a necessity not more imperious, how- ever, than that which compels the different portions, in governments of the concurrent majority, to ac- quiesce in compromise. There is, however, a great difference in the motive, the feeling, the aim, which characterize the act in the two cases. In the one, it is done with that reluctance and hostility ever incident to enforced submission to what is regarded as injustice and oppression ; accompanied by the desire and purpose to seize on the first favorable opportunity for resistance : — but in the other, will- ingly and cheerfully, under the impulse of an exalted patriotism, impelling all to acquiesce in whatever the common good requires.

A DISQUISITION ON GOVERNMENT. 71

It is, then, a great error to suppose tliat tlie government of the concurrent majority is imprac- ticable ; — or that it rests on a feeble foundation. History furnishes many examples of such govern- ments ; — and among them, one, in which the princi- ple was carried to an extreme that would be thought impracticable, had it never existed. I refer to that of Poland. In this it was carried to such an ex- treme that, in the election of her kings, the concur- rence or acquiescence of every individual of the nobles and gentry present, in an assembly number- ing usually from one hundred and fifty to two hun- dred thousand, was required to make a choice ; thus giving to each individual a veto on his election. So, likewise, every member of her Diet, (the supreme legislative body,) consisting of the king, the senate, bishops and deputies of the nobility and gentry of the palatinates, j)ossessed a veto on all its proceed- ings ; — thus making an unanimous vote necessary to enact a law, or to adopt any measure whatever. And, as if to carry the principle to the utmost ex- tent, the veto of a single member not only defeated the particular bill or measure in question, but pre- vented all others, passed during the session, from taking effect. Further, the principle could not be carried. It, in fact, made every individual of the nobility and gentry, a distinct element in the organ- ism ; — or, to vary the expression, made him an Es- tate of the Mngdom. And yet this government lasted, in this form, more than two centuries ; embra- cing the period of Poland's greatest power and re- nown. Twice, during its existence, she protected

72 A DISQUISITION ON GOVERNMENT.

Christendom, wlien in great danger, by defeating the Turks under the walls of Vienna, and perma- nently arresting thereby the tide of their conquests westward.

It is true her government was finally subverted, and the people subjugated, in consequence of the extreme to which the principle was carried ; not, however, because of its tendency to dissolution from weakness^ but from the facility it afforded to pow- erful and unscrupulous neighbors to control, by theii' intrigues, the election of her kings. But the fact, that a government, in which the principle was car- ried to the utmost extreme, not only existed, but existed for so long a period, in great power and splendor, is proof conclusive both of its practicabil- ity and its compatibility with the power and per- manency of government.

Another example, not so striking indeed, but yet deserving notice, is furnished by the govern- ment of a portion of the aborigines of our own country. I refer to the Confederacy of the Six Na- tions, who inhabited what now is called the west- ern portion of the State of New- York. One chief delegate, chosen by each nation, — associated with six others of his own selection, — and making, in all, forty-two members, — constituted their federal, or general government. When met, they formed the council of the union, — and discussed and decided all questions relating to the common welf^ire. As in the Polish Diet, each member possessed a veto on its decision; so that nothing could be done without the united consent of all. But this, instead of mak-

A DISQUISITION ON GOVERNMENT. 73

ino- the Confederacy weak, or impracticable, had the opposite effect. It secured harmony in council and action, and with them a great increase of power. The Six Nations, in consequence, became the most powerful of all the Indian tribes within the limits of our country. They carried their conquest and authority far beyond the country they originally occupied.

I pass by, for the present, the most distinguished of all these examples; — the Roman Republic; — where the veto, or negative power, was carried, not indeed to the same extreme as in the Polish govern- ment, but very far, and with great increase of power and stability ;— as I shall show more at large here- after.

It may be thought, — and doubtless many have supposed, that the defects inherent in the govern- ment of the numerical majority may be remedied by a free press, as the organ of public opinion, — es- pecially in the more advanced stage of society, — so as to supersede the necessity of the concurrent ma- jority to counteract its tendency to oppression and abuse of power. It is not my aim to detract from the importance of the press, nor to underestimate the great power and influence which it has given to public opinion. On the contrary, I admit these are so great, as to entitle it to be considered a new and important political element. Its influence is, at the present day, on the increase ; and it is highly probable that it may, in combination with the causes which have contributed to raise it to its present im- portance, effect, in time, great changes, — social and

74 A DISQUISITION ON GOVERNMENT.

political. But, however important its present influ- ence may be, or may hereafter become, — or, how- ever great and beneficial the changes to which it may ultimately lead, it can never counteract the tendency of the numerical majority to the abuse of power, — nor supersede the necessity of the concur- rent, as an essential element in the formation of constitutional governments. These it cannot effect for two reasons, either of which is conclusive.

The one is, that it cadnot change that principle of our nature, which makes constitutions necessary to prevent government from abusing its powers, — and government necessary to protect and perfect society. Constituting, as this principle does, an essential part of our nature, — no increase of knowledge and intelligence, no enlargement of our sympathetic feelings, no influence of education, or modification of the condition of society can change it. But so long as it shall continue to be an essential part of our nature, so long will government be necessary ; and so long as this continues to be necessary, so long wiU constitutions, also, be necessary to counteract its tendency to the abuse of power, — and so long must the concurrent majority remain an essential element in the formation of constitutions. The press may do much, — by giving impulse to the progress of knowledge and intelligence, to aid the cause of education, and to bring about salutary changes in the condition of society. These, in turn, may do much to explode political errors, — to teach how governments should be constructed in order to fulfil their ends ; and by what means they can be

A DISQUISITION ON GOVERNMENT. 75

Lest preserved, when so constructed. They may, also, do much to enlarge the social, and to restrain the individual feelings; — and thereby -to bring about a state of things, when far less power will be required by governments to guard against inter- nal disorder and violence, and external danger; and when, of course, the sphere of power may be greatly contracted and that of liberty proportion- ally enlarged. But all this would not change the nature of man ; nor supersede the necessity of gov- ernment. For so long as government exists, the possession of its control, as the means of directing its action and dispensing its honors and emolu- ments, will be an object of desire. While this con- tinues to be the case, it must, in governments of the numerical majority, lead to party struggles; and, as has been shown, to all the consequences, which necessarily follow in their train, and, against which, the only remedy is the concurrent majority.

The other reason is to be found in the nature of the influence, which the press politically exercises.

It is similar, in most respects, to that of suf- frage. They are, indeed, both organs of public opinion. The principal difference is, that the one has much more agency in forming public opinion, while the other gives a more authentic and authori- tative expression to it. Regarded in either light, the press cannot, of itself, guard any more against the abuse of power, than suffrage ; and for the same reason.

If what is called public opinion were always the opinion of the whole community, the press would,

76 A DISQUISITION ON GOVERNMENT.

as its organ, be an effective guard against tte abuse of power, and supersede tlie necessity of the con- current majority ; just as the right of suffrage would do, where the community, in reference to the action of government, had but one interest. But such is not the case. On the contrary, what is called public opinion, instead of being the united opinion of the whole community, is, usually, nothing more than the opinion or voice of the strongest interest, or combination of interests ; and, not unfre- quently, of a small, but energetic and active por- tion of the whole. Public opinion, in relation to government and its policy, is as much divided and diversified, as are the interests of the community ; and the press, instead of being the organ of the whole, is usually but the organ of these various and diversified interests respectively ; or, rather, of the parties growing out of them. It is used by them as the means of controlling public opinion, and of so moulding it, as to promote their pecuHar inter- ests, and to aid in carrying on the warfare of party. But as the organ and instrument of parties, in gov- ernments of the numerical majority, it is as incom- petent as suffrage itself, to counteract the tendency to oppression and abuse of power; — and can, no more than that, supersede the necessity of the con- current majority. On the contrary, as the instru- ment of party warfare, it contributes greatly to increase party excitement, and the violence and virulence of party struggles ; and, in the same de- gree, the tendency to oppression and abuse of power. Instead, then, of superseding the necessity of the

A DISQUISITION ON GOVERNMENT. 77

concurrent majority, it increases it, by increasing the violence and force of party feelings, — in like manner as party caucuses and party machinery ; of the latter of which, indeed, it forms an important part.

In one respect, and only one, the government of the numerical majority has the advantage over that of the concurrent, if, indeed, it can be called an advantage. I refer to its simplicity and facility of construction. It is simple indeed, wielded, as it is, by a single power — the will of the greater num- })QY — and very easy of construction. For this pur- pose, nothing more is necessary than universal suf- frage, and the regulation of the manner of voting, so as to give to the greater number the supreme con- trol over every department of government.

But, whatever advantages simplicity aud facility of construction may give it, the other' forms of ab- solute government possess them in a still higher degree. The construction of the g-^vernment of the numerical majority, simple as it is, requires some preliminary measures and arrangements ; while the others, especially the monarchical, will, in its absence, or where it proves incompetent, force themselves on the community. And hence, among other reasons, the tendency of all governments is, from the more complex and difficult of construction, to the more sim- ple and easily constructed ; and, finally, to absolute monarchy, as the most simple of all. Complexity and difficulty of construction, as far as they form objections, apply, not only to governments of the concurrent majority of the popular form, but to

78 A DISQUISITION ON GOVERNMENT.

constitutional governments of every form. The least complex, and tlie most easily constructed of them, are much more complex and difficult of con- struction than any one of the absolute forms. In- deed, so great has been this difficulty, that their construction has been the result, not so much of wisdom and patriotism, as of favorable combina- tions of circumstances. They have, for the most part, grown out of the struggles between confficting interests, which, from some fortunate turn, have ended in a compromise, by which both parties have been admitted, in some one way or another, to have a separate and distinct voice in the government. Where this has not been the case, they have been the product of fortunate circumstances, acting in conjunction with some pressing danger, which forced their adoption, as the only means by which it could be avoided. It would seem that it has exceeded human sagacity deliberately to plan and construct constitutional governments, with a full knowledge of the principles on which they were formed ; or to reduce them to practice without the pressure of some immediate and urgent necessity. Nor is it sur- prising that such should be the case ; for it would seem almost impossible for any man, or body of men, to be so profoundly and thoroughly acquaint- ed with the people of any community which has made any considerable progress in civilization and wealth, with all the diversified interests ever accom- panying them, as to be able to organize constitu- tional governments suited to their condition. But, even were this possible, it would be difficult to find

A DISQUISITION ON GOVERNMENT. 79

any community sufficiently enlightened and patriotic to adopt such a government, without the compul- sion of some pressing necessity. A constitution, to succeed, must spring from the bosom of the commu- nity, and be adapted to the intelligence and charac- ter of the people, and all the multifarious relations, internal and external, which distinguish one peo- ple from another. If it do not, it will prove, in practice, to be, not a constitution, but a cumbrous and useless machine, which must be speedily super- seded and laid aside, for some other more simple, and better suited to their condition.

It would thus seem almost necessary that gov- ernments should commence in some one of the sim- ple and absolute forms, which, however well suited to the community in its earlier stages, must, in its progress, lead to oppression and abuse of power, and, finally, to an appeal to force, — to be suc- ceeded by a military despotism, — unless the con- flicts to which it leads should be fortunately adjusted by a compromise, which will give to the respective parties a participation in the control of the govern- ment ; and thereby lay the foundation of a consti- tutional government, to be afterwards matured and perfected. Such governments have been, emphati- cally, the product of circumstances. And hence, the difficulty of one people imitating the govern- ment of another. And hence, also, the importance of terminating all civil conflicts by a cpmpromise, which shall prevent either party from obtaining com- plete control, and thus suljjecting the other.

Of the different forms of constitutional govern-

80 A DISQUISITION OJST GOVERNMENT.

ments, the popular is the most complex and difficult of construction. It is, indeed, so difficult, that ours, it is believed, may with truth be said to be the only one of a purely popular character, of any consider- able importance, that ever existed. The cause is to be found in the fact, that, in the other two forms, society is arranged in artificial orders or classes. Where these exist, the line of distinction between them is so strongly marked as to throw into shade, or, otherwise, to absorb all interests which are for- eign to them respectively. Hence, in an aristocracy, all interests are, politically, reduced to two, — the nobles and the people ; and in a monarchy, with a nobility, into three, — the monarch, the nobles, and the people. In either case, they are so few that the sense of each may be taken separately, through its appropriate organ, so as to give to each a concurrent voice, and a negative on the other, through the usual departments of the government, without making it too complex, or too tardy in its movements to perform, with promptness and energy, all the necessary functions of government.

The case is different in constitutional govern- ments of the popular form. In consequence of the absence of these artificial distinctions, the various natural interests, resulting from diversity of pur- suits, condition, situation and character of different portions of the people, — and from the action of the government itself, — rise into prominence, and strug- gle to obtain the ascendency. They will, it is true, in governments of the numerical majority, ultimate- ly coalesce, and form two great parties ; but not so

A DISQUISITION ON GOVERNMENT. 81

closely as to lose entii-ely their separate cliaracter and existence. These they will ever be ready to re-assume, when the objects for which they coalesced are accomplished. To overcome the difficulties oc- casioned by so great a diversity of interests, an or- ganism far more complex is necessary.

Another obstacle, difficult to be overcome, opposes the formation of popular constitutional governments. It is much more difficult to terminate the struggles between confficting interests, by compromise, in ab- solute popular governments, than in an aristocracy or monarchy.

In an aristocracy, the object of the people, in the ordinary struggle between them and the nobles, is not, at least in its early stages, to overthrow the nobility and revolutionize the government, — but to participate in its powers. Notwithstanding the op- pression to which they may be subjected, under this form of government, the people commonly feel no small degree of respect for the descendants of a long line of distinguished ancestors; and do not usually aspire to more, — in opposing the authority of the nobles, — than to obtain such a participation in the powers of the government, as will enable them to correct its abuses and to lighten their bur- dens. Among the nobility, on the other hand, it sometimes happens that there are individuals of great influence with both sides, who have the good sense and patriotism to interpose, in order to effect a compromise by yielding to the reasonable demands of the people ; and, thereby, to avoid the hazard of a final and decisive appeal to force. It is thus, by a

82 A DISQUISITION ON GOVERNMENT.

judicious and timely compromise, tlie people, in such governments, may be raised to a participation in the administration sufficient for their protection, with- out the loss of authority on the part of the nobles.

In the case of a monarchy, the process is some- what different. Where it is a military despotism, the peojDle rarely have the spirit or intelligence to attempt resistance ; or, if otherwise, their resistance must almost necessarily terminate in defeat, or in a mere change of dynasty, — by the elevation of their leader to the throne. It is different, where the monarch is surrounded by an hereditary nobility. In a struggle between him and them, both (but es- pecially the monarch) are usually disposed to cornet the people, in order to enlist them on their respec- tive sides, — a state of things highly favorable to their elevation. In this case, the struggle, if it should be long continued without decisive results, would almost necessarily raise them to political im- portance, and to a participation in the powers of the government.

The case is different in an absolute Democracy. Party conflicts between the majority and minority, in such governments, can hardly ever terminate in compromise. — The object of the opposing minority is to expel the majority from power; and of the majority to maintain their hold upon it. It is, on both sides, a struggle for the whole,— a struggle that must determine which shall be the governing, and which the subject party ; — and, in character, ob- ject and result, not unlike that between competi- tors for the sceptre in absolute monarchies. Its

A DISQUISITION ON GOVERNMENT. 83

regular course, as has been sliown, is, excessive vio- lence,— an appeal to force, — followed by revolu- tion,— and terminating at last, in the elevation to su- preme power of the general of the successful party. And hence, among other reasons, aristocracies and monarchies more readily assume the constitutional form than absolute popular goverments.

Of the three different forms, the monarchical has heretofore been much the most prevalent, and, gen- erally, the most powerful and durable. This result is doubtless to be attributed principally to the fact that, in its absolute form, it is the most simple and easily constructed. And hence, as government is indispensable, communities having too little intelli- gence to form or preserve the others, naturally fall into this. It may also, in part, be attributed to another cause, already alluded to ; that, in its organ- ism and character, it is much more closely assimilat- ed than either of the other two, to military power ; on which all absolute governments depend for sup- port. And hence, also, the tendency of the others, and of constitutional governments which have been so badly constructed or become so disorganized as to require force to support them, — to pass into mil- itary despotism, — that is, into monarchy in its most absolute and simple form. And hence, again, the fact, that revolutions in absolute monarchies, end, al- most invariably, in a change of dynasty, — and not of the forms of the government ; as is almost univer- sally the case in the other systems.

But there are, besides these, other causes of a higher character, which contribute much to make

84 A DISQUISITION ON GOVERNMENT.

monarcliies the most prevalent, and, usually, tlie most durable governments. Among them, the lead- ing one is, they are the most susceptible of im- provement ; — that is, they can be more easily and readily modified, so as to prevent, to a limited ex- tent, oppression and abuse of power, without assum- ing the constitutional form, in its strict sense. It slides, almost naturally, into one of the most import- ant modifications. I refer to hereditary descent. When this becomes well defined and firmly estab- lished, the community or kingdom, comes to be re- garded by the sovereign as the hereditary possession of his family, — a circumstance which tends strongly to identify his interests with those of his subjects, and thereby, to mitigate the rigor of the govern- ment. It gives, besides, great additional security to his person ; and prevents, in the same degree, not only the suspicion and hostile feelings incident to insecurity, — but invites all those kindly feelings which naturally spring up on both sides, between those whose interests are identified, — when there is nothing to prevent it. And hence the strong feel- ings of paternity on the side of the sovereign, — and of loyalty on that of his subjects, which are often exhibited in such governments.

There is another imj^rovement of which it is readily susceptible, nearly allied to the preceding. The hereditary principle not unfrequently extends to other families, — especially to those of the distin- guished chieftains, by whose aid the monarchy was established, when it originates in conquest. When this is the case, — and a powerful body of hereditary

A DISQUISITION ON GOVERNMENT. 85

nobles surround tlie sovereign, they oppose a strong resistance to his authority, and he to theirs, — tend- ing to the advantage and security of the people. Even when they do not succeed in obtaining a par- ticipation in the powers of the government, they usually acquire sufficient weight to be felt and res- pected. From this state of things, such govern- ments usually, in time, settle down on some fixed rules of action, which the sovereign is compelled to respect, and by which increased protection and se- curity are acquired by all. It was thus the enlight- ened monarchies of Europe were formed, under which the people of that portion of the globe have made such great advances in power, intelligence, and civilization.

To these may be added the greater capacity, which governments of the monarchical form have exhibited, to hold under subjection a large extent of territory, and a numerous population ; and which has made them more powerful than others of a different form, to the extent, that these constitute an element of power. All these causes combined, have given such great and decisive advantages, as to enable them, heretofore, to absorb, in the j)rogress of events, the few governments which have, from time to time, assumed different forms ; — not excepting even the mighty Koman Republic, which, after attaining the highest point of power, passed, seemingly under the operation of irresistible causes, into a military despotism. I say, heretofore, — for it remains to be seen whether they will continue to retain their ad- vantages, in these respects, over the others, under

86 A DISQUISITION ON GOVERNMENT,

the great and growing influence of public opinion, and the new and imposing form which popular government has assumed with us.

These have already effected great changes, and will probably effect still greater, — adverse to the monarchical form ; but, as yet, these changes have tended rather to the absolute, than to the constitu- tional form of popular government, — for reasons which have been explained. If this tendency should continue permanently in the same direction, the monarchical form must still retain its advan- tages, and continue to be the most prevalent. Should this be the case, the alternative will be between monarchy and popular government, in the form of the numerical majority, — or absolute demo- cracy ; which, as has been shown, is not only the most fugitive of all the forms, but has the strong- est tendency of all others to the monarchical. If, on the contrary, this tendency, or the changes referred to, should incline to the constitutional form of popular government, — and a proper organism come to be regarded as not less indispensable than the right of suffi^age to the estabhshment of such governments, — in such case, it is not improbable that, in the progress of events, the monarchical will cease to be the prevalent form of government. Whether they will take this direction, at least for a long time, will depend on the success of our gov- ernment,— and a correct understanding of the prin- ciples on which it is constructed.

To comprehend more fully the force and bear- ing of public opinion, and to form a just estimate of

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the changes to wliicli, aided by the press, it will probably lead, politically and socially, — it will be necessary to consider it in connection with the causes that have given it an influence so great, as to entitle it to be regarded as a new political element. They will, upon investigation, be found in the many discoveries and inventions made in the last few centuries.

Among the more j)rominent of those of an ear- lier date, stand the j)ractical application of the mag- netic power to the purposes of navigation, by the invention of the mariner's compass ; the discovery of the mode of making gunpowder, and its applica- tion to the art of war ; and the invention of the art of printing. Among the more recent are, the nu- merous chemical and mechanical discoveries and in- ventions, and their apj)lication to the various arts of production ; the application of steam to machinery of almost every description, especially to such as is designed to facilitate transportation and travel by land and water ; and, finally, the invention of the magnetic telegraph.

All these have led to important results. Through the invention of the mariner's compass, the globe has been circumnavigated and explored, and all who inhabit it, with but few exceptions, brought within the sphere of an all-pervading commerce, which is daily diffusing over its surface the light and bless- ings of civilization. Through that of the art of print- ing, the fruits of observation and reflection, of dis- coveries and inventions, with all the accumulated stores of previously acquii^ed knowledge, are pre-

88 A DISQUISITION ON GOVERNMENT.

served and widely diffused. The application of gunpowder to tlie art of war, lias for ever settled tlie long conflict for ascendency between civilization and barbarism, in favor of tlie former, and thereby guarantied that, whatever knowledge is now accu- mulated, or may hereafter be added, shall never again be lost. The numerous discoveries and inven- tions, chemical and mechanical, and the application of steam to machinery, have increased, many-fold, the productive powers of labor and capital ; and have, thereby, greatly increased the number, who may devote themselves to study and imj)rovement,- — ^and the amount of means necessary for commer- cial exchanges, — especially between the more and the less advanced and civilized portions of the globe, — to the great advantage of both, but particularly of the latter. The application of steam to the pur- poses of travel .and transportation, by land and water, has vastly increased the facility, cheaj)ness and rapidity of both ; — diffusing, with them, infor- mation and intelligence almost as quickly and as freely as if borne by the winds ; while the electrical wires outstrip them, in velocity — rivalling, in rapid- ity, even thought itself.

The joint effect of all has been, a great increase and diffusion of knowledge ; and, with this, an im- pulse to progress and civilization heretofore unex- ampled in the history of the world,^ — accompanied by a mental energy and activity unjDrecedented.

To all these causes, public opinion, and its organ, the press, owe their origin and great influence. Already they have attained a force in the more ci\^l-

A DISQUISITION ON GOVERNMENT. 89

ized portions of tlie globe sufficient to be felt by all governments, even the most absolute and despotic. But, as great as tbey now are, tliey bave as yet at- tained nothing like their maximum force. It is prob- able, that not one of the causes, which have contrib- uted to their formation and influence, has yet pro- duced its full effect; while several of the most powerful have just begun to operate ; and many others, probably of equal or even greater force, yet remain to be brought to light.

When the causes now in operation have pro- duced their full effect, and inventions and discov- eries shall have been exhausted, — if that may ever "be, — they will give a force to pubHc opinion, and cause changes, political and social, difficult to be an- ticipated. What will be their final bearing, time only can decide with any certainty. That they will, however, greatly improve the condition of man ultimately, — it would be impious to doubt. It would be to suppose, that the all-wise and beneficent Be- ing^ — the Creator of aU, — ^had so constituted man, as that the employment of the high intellectual facul- ties, with which He has been pleased to endow him, in order that he might develop the laws that con- trol the great agents of the material world, and make them subservient to his use, — ^would prove to him the cause of permanent evil, — and not of per- manent good. If, then, such a supposition be inad- missible, they must, in their orderly and full devel- opment, end in his permanent good. But this can- not be, unless the ultimate effect of their action, politically, shall be, to give ascendency to that form

90 A DISQUISITION ON GOVERNMENT.

of government best calculated to fulfil tlie ends for wMcli government is ordained. For, so completely does tlie well-being of our race depend on good gov- ernment, that it is hardly possible any change, the ultimate effect of which should be otherwise, could prove to be a permanent good.

It is, however, not improbable, that many and great, but temporary evils, will follow the changes they have effected, and are destined to effect. It seems to be a law in the political, as well as in the material world, that great changes cannot be made, except very gradually, without convulsions and revo- lutions ; to be followed by calamities, in the begin- ning, however beneficial they may prove to be in the end. The first effect of such changes, on long estab- lished governments, will be, to unsettle the opinions and principles in which they originated, — and which have guided their policy, — before those, which the changes are calculated to form and establish, are fairly developed and understood. The interval be- tween the decay of the old and the formation and establishment of the new, constitutes a period of transition, which must always necessarily be one of uncertainty, confusion, error, and wild and fierce fanaticism.

The governments of the more advanced and civ- ilized portions of the world are now in the midst of this period. It has proved, and will continue to prove a severe trial to existing political institutions of every form. Those governments which have not the sa- gacity to perceive what is truly public opinion, — to distinguish between it and the mere clamor of fac-

A DISQUISITION ON GOVEENMENT. 91

tioD, or shouts of fanaticism, — and the good sense and firmness to yield, timely and cautiously, to the claims of the one, — and to resist, promptly and de- cidedly, the demands of the other, — are doomed to fall. Few will be able successfully to pass through this period of transition; and these, not without shocks and modifications, more or less considerable. It will endure until the governing and the governed shall better understand the ends for which govern- ment is ordained, and the form best adapted to ac- complish them, under all the circumstances in which communities may be respectively placed.

I shall, in conclusion, proceed to exemplify the elementary principles, which have been established, by giving a brief account of the origin and charac- ter of the governments of Rome and Great Britain ; the two most remarkable and perfect of their re- spective forms of constitutional governments. The object is to show how these principles were applied, in the more simple forms of such governments ; pre- paratory to an exposition of the mode in which they have been applied in our own more complex system. It will appear that, in each, the principles are the same ; and that the difference in their appli- cation resulted from the different situation and so- cial condition of the respective communities. They were modified, in each, so as to conform to these ; and, hence, their remarkable success. They were applied to communities in which hereditary I'ank had long prevailed. Their respective constitutions originated in concession to the people ; and, through them, they acquired a participation in the powers of

92 A DISQUISITION ON GOVERNMENT.

government. But witli us, tliey were applied to communities where all political rank and distinction between citizens were excluded ; and wliere govern- ment liad its origin in tlie will of tlie people.

But, liowever different tlieir origin and character, it will be found tliat the object in each was the same, — to blend and harmonize the conflicting interests of the community ; and the means the same, — taking the sense of each class or j)ortion through its ap- propriate organ, and considering the concurrent sense of all as the sense of the whole community. Such being the fact, an accurate and clear concep- tion how this was effected, in their more simple forms, will enable us better to understand how it was accomphshed in our far more refined, artificial, and complex form.

It is well known to all, the least conversant with their history, that the Roman people consisted of two distinct orders, or classes, — the Patricians and the Plebeians ; and that the line of distinction was so strongly drawn, that, for a long time, the right of intermarriage between them \yas prohibited. After the overthrow of the monarchy and the expulsion of the Tarquins, the government fell exclusively under the control of the patricians, who, with their clients and dependents, formed, at the time, a very numerous and powerful body. At first, while there was danger of the return of the exiled family, they treated the plebeians with kindness ; but, after it had passed away, with oppression and cruelty.

It is not necessary, with the object in ^dew, to enter into a minute account of the various acts of

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oppression and cruelty to wliicli they were subjected. It is sufficient to state, tliat, according to tlie usages of war at the time, the teriitory of a conquered people became the property of the conquerors ; and that the plebeians were harassed and oppressed by incessant wars, in which the danger and toil were theirs, while all the fruits of victory, (the lands of the vanquished, and the spoils of war,) accrued to the benefit of theii' oppressors. The result was such as might be expected. They were impoverished, and forced, from necessity, to borrow from the pa- tricians, at usurious and exorbitant interest, funds with which they had been enriched through their blood and toil ; and to pledge their all for repay- ment at stipulated periods. In case of default, the pledge became forfeited ; and, under the provisions of law in such cases, the debtors were liable to be seized, and sold or imprisoned by their creditors in private jails prepared and kept for the purpose. These savage provisions were enforced with the ut- most rigor against the indebted and impoverished plebeians. They constituted, indeed, an essential part of the system through which they were plundered and oppressed by the patricians.

A system so oppressive could not be endured. The natural consequences followed. Deep hatred was engendered between the orders, accompanied by factions, violence, and corruption, which distract- ed and weakened the government. At length, an incident occurred which roused the indignation of the plebeians to the utmost pitch, and which ended in an open rupture between the two orders.

94 A DISQUISITION ON GOVERNMENT.

An old soldier, who liad long served tlie country, and had fought with bravery in twenty-eight bat- tles, made his escape from the j)rison of his creditor, — squalid, pale, and famished. He implored the pro- tection of the plebeians. A crowd surrounded him ; and his tale of service to the country, and the cruelty with which he had been treated by his creditor, kindled a flame, which continued to rage until it extended to the army. It refused to con- tinue any longer in ser\dce, — crossed the Anio, and took possession of the sacred mount. The patricians divided in opinion as to the course which should be pursued. The more violent insisted on an appeal to arms, but, fortunately, the counsel of the moder- ate, which recommended concession and compro- mise, prevailed. Commissioners were appointed to treat with the army ; and a formal compact was en- tered into between the orders, and ratified by the oaths of each, which conceded to the plebeians the right to elect two tribunes, as the protectors of their order, and made theii' persons sacred. The number was afterwards increased to ten, and theii^ election by centuries changed to election by tribes ; — a mode by which the plebeians secured a decided preponderance.

Such was the origin of the tribunate ; — which, in process of time, opened all the honors of the gov- ernment to the plebeians. They acquired the right, not only of vetoing the passage of all laws, but also their execution; and thus obtained, through their tribimes, a negative on the entire action of the gov- ernment, without divesting the patricians of their control over the Senate. By this arrangement, the

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government was placed under the concurrent and joint voice of tlie two orders, expressed tlirougli separate and appropriate organs ; tlie one possess- ing tlie positive, and tlie other the negative powers of the government. This simple change converted it from an absolute, into a constitutional govern- uient, — ^from a government of the patricians only, to that of the whole Roman people, — and from an aristocracy into a republic. In doing this, it laid the solid foundation of Roman liberty and greatness.

A superficial observer would pronounce a gov- ernment, so organized, as that one order should have the power of making and executing the laws, and another, or the representatives of another, the unlimited authority of preventing their enactment and execution, — ^if not wholly impracticable, at least, too feeble to stand the shocks to which all govern- ments are subject; and would, therefore, predict its speedy dissolution, after a distracted and inglo- rious career.

How different from the result! Instead of distraction, it proved to be the bond of concord and harmony; instead of weakness, of unequalled strength; — ^and, instead of a short and inglorious career, one of great length and immortal glory. It moderated the conflicts between the orders; har- monized their interests, and blended them into one ; substituted devotion to country in the place of devotion to particular orders; called forth the united strength and energy of the whole, in the hour of danger; raised to power, the wise and patriotic; elevated the Roman name above all

96 A DISQUISITION ON GOVERNMENT.

others ; extended her authority and dominion over the greater part of the then known world, and transmitted the influence of her laws and institu- tions to the present day. Had the opposite coun- sel prevailed at this critical juncture; had an appeal been made to arms instead of to concession and compromise, Rome, instead of being what she after- wards became, would, in all probability, have been as inglorious, and as little known to posterity as the insignificant states which surrounded her, whose names and existence would have been long smce consigned to oblivion, had they not been preserved in the history of her conquests of them. But for the wise course then adopted, it is not impro- bable,'— whichever order might have prevailed, — that she would have fallen under some cruel and petty tyi^ant; — and, finally, been conquered by some of the neighboring states, — or by the Cartha- ginians, or the Gauls. To the fortunate turn which events then took, she owed her unbounded sway and imperishable renown.

It is true, that the tribunate, after raising her to a height of power and prosperity never l^efore equalled, finally became one of the instruments by which her liberty was overthrown : — but it was not until she became exposed to new dangers, growing out of increase of wealth and the great extent of her dominions, against which the tribunate furnish- ed no guards. Its original object was the protec- tion of the plebeians against oppression and abuse of power on the part of the patricians. This, it thoroughly accomplished ; but it had no power to

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protect tlie people of the numerous and wealthy- conquered countries from being plundered by con- suls and proconsuls. Nor could it prevent the plun- derers from using the enormous wealth, which they extorted from the impoverished and ruined pro- vinces, to corrupt and debase the people ; nor ar- rest the formation of parties, (irrespective of the old division of patricians and plebeians,) having no other object than to obtain the control of the government for the purpose of j)lunder. Against these formidable evils, her constitution furnished no adequate security. Under their baneful influence, the possession of the government became the object of the most violent conflicts ; not between patricians and plebeians, — but between profligate and corrupt factions. They continued with increasing violence, until, finally, Rome sunk, as must every community under similar circumstances, beneath the strong grasp, the despotic rule of the chieftain of the success- ful party ; — the sad, but only alternative which re- mained to prevent universal violence, confusion and anarchy. The Republic had, in reality, ceased to exist long before the establishment of the Empire. The interval was filled by the rule of ferocious, cor- rupt and bloody factions. There was, indeed, a small but patriotic body of eminent individuals, who struggled, in vain, to correct abuses, and to re- store the government to its primitive character and purity ; — and who sacrificed their lives in their endea- vors to accomplish an object so virtuous and noble. But it can be no disparagement to the tribunate, that the great powers conferred on it for wise pur- 7

98 A DISQUISITION ON GOVERNMENT.

poses, and wliicli it had so fully accomplislied, should be seized upon, during this violent and corrupt in- terval, to overthrow the liberty it had established, and so long nourished and supported.

In assigning such consequence to the tribunate, I must not overlook other imjoortant provisions of the Constitution of the Roman government. The Senate, as far as we are informed, seems to have been admirably constituted to secure consistency and steadiness of action. The power, — when the Rej^ub- lic was exposed to imminent danger, — to appoint a dictator, — vested, for a lim-ited period, with almost boundless authority ; the two consuls, and the manner of electing them ; the auguries ; the sibylline books ; the priesthood, and the censorship ; — all of which appertained to the patricians, — were, perhaps indis- pensable to withstand the vast and apparently irreg- ular power of the tribunate ; — while the possession of such great powers by the patricians, made it ne- cessary to give proportionate strength to the only organ through which the plebeians could act on the government with effect. The government was, in- deed, powerfully constituted ; and, apparently, well proportioned both in its positive and negative or- gans. It was truly an iron government. Without the tribunate, it proved to be one of the most o]3- pressive and cruel that ever existed ; but with it, one of the strongest and best.

The oi-igin and character of the British govern- ment are so well known, that a very brief sketch, with the object in view, will suffice.

The causes which ultimately moulded it into its

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present form, commenced with the Norman Con- quest. This introduced the feudal system, with its necessary appendages, a hereditary monarchy and nobility ; the former in the line of the chief, who led the invading army ; — and the latter in that of his distinguished followers. They became his feuda- tories. The country, — both land and people, — (the latter as serfs,) was divided between them. Con- flicts soon followed between the monarch and the nobles, — as must ever be the case under such sys- tems. They were followed, in the progress of events, by eftbrts, on the part both of monarchs and nobles, to conciliate the favor of the people. They, in con- sequence, gradually rose to power. At every step of their ascent, they became more important, — and were more and more courted, — until at length their influence was so sensibly felt, that they were sum- moned to attend the meeting of parliament by del- egates ; not, however, as an estate of the realm, or constituent member of the body politic. The first summons came from the nobles ; and was designed to conciliate their good feelings and secure their co- operation in the war against the king. This was followed by one from him ; but his object was sim- ply to have them present at the meeting of parlia- ment, in order to be consulted by the crown, on questions relating to taxes and supplies ; not, indeed, to discuss the right to lay the one, and to raise the other, — for the King claimed the arbitrary authority to do both, — but w^th a view to facilitate their col- lection, and to reconcile them to their imposition. From this humble beginmng, they, after a long

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struggle, accompanied by many vicissitudes, raised themselves to be considered one of tbe estates of the realm ; and, finally, in tlieir efforts to enlarge and secure what they had gained, overpowered, for a time, the other two estates ; and thus concentrated all power in a single estate or body. This, in effect, made the government absolute, and led to conse- quences which, as by a fixed law, must ever result in pojDular governments of this form ; — namely : — to organized parties, or, rather, factions, contend- ing violently to obtain or retain the control of the government ; and this, again, by laws almost as uni- form, to the concentration of all the powers of gov- ernlment in the hands of the military commander of the successful party. '

His heir' was too feeble to hold the sceptre he had grasped; and the general discontent with the result of the revolution, led to the restoration of the old dynasty; without defining the limits between the powers of the respective estates.

After a short interval, another revolution fol- lowed, in which the lords and commons united agahist the king. This terminated in his overthrow ; and the transfer of the crown to a collateral branch of the family, accompanied by a declaration of rights, which defined the powers of the several estates of the realm ; and, finally, perfected and es- tablished the constitution. Thus, a feudal monarchy was converted, thi'ough a slow but steady process of many centuries, into a highly refined constitu- tional monarchy, without changing the basis of the original government.

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As it now stands, the realm consists of tliree estates ; tlie king ; the lords temporal and spiritual ; and the commons. The parliament is the grand council. It possesses the supreme power. It enacts laws, by the concurring assent of the lords and com- mons,— subject to the approval of the king. The executive power is vested in the monarch, who is re- garded as constituting the first estate. Although irresponsible himself, he can only act through respon- sible ministers and agents. They are responsible to the other estates ; to the lords, as constituting the high court before whom all the servants of the crown maybe tried for malpractices, and crimes against the realm, or official delinquencies ; — and to the commons, as possessing the impeaching power, and constituting the grand inquest of the kingdom. These provisions, with theii^ legislative powers, — esjDccially that of withholding supplies, — give them a controlling influence on the executive department, and, virtually, a participation in its powers ; — so that the acts of the government, throughout its entire range, may be fairly considered as the result of the concurrent and joint action of the three estates ; — and, as these embrace all the orders, — of the concur- rent and joint action of the estates of the realm.

He would take an impei-fect and false view of the subject who should consider the king, in his mere individual character, or even as the head of the royal family, — as constituting an estate. Regarded in either light, so far from deserving to be consider- ed as the First Estate, — and the head of the realm, as he is, — he would represent an interest too incon-

102 A DISQUISITION ON" GOVERNMENT.

siderable to be an object of special protection. In- stead of this, lie represents what in reality is, habi- tually and naturally, the most powerful interest, all things considered, under every form of government in all civilized communities, — the tax-consuming in- terest ; or, more broadly, the great interest which necessarily grows out of the action of the govern- ment, he its form what it may ; — the interest that lives by tlie government. It is composed of the reci- pients of its honors and emoluments ; and may be pro- perly called, the government interest, or party ; — in contradistinction to the rest of the community, — or, (as they may be properly called,) the people or commons. The one comprehends all who are sup- ported by the government ; — and the other all who sup])ort the government: — and it is only because the former are strongest, aU things being considered, that they are enabled to retain, for any considerable time, advantages so great and commanding.

This great and predominant interest is naturally represented by a single head. For it is impossible, without being so represented, to distribute the hon- ors and emoluments of the government among those who compose it, without producing discord and con- flict : — and it is only by preventing these, that ad- vantages so tempting can be long retained. And, hence, the strong tendency of this great interest to the monarchical form ;— that is, to be represented by a single individual. On the contrary, the antagonis- tic interest,— that which supports the government, has the opposite tendency ; — a tendency to be re- presented by many ; because a large assembly can

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better judge, than one individual or a few, what burdens the community can bear ; — and how it can be most equally distributed, and easily collected.

In the British government, the king constitutes an Estate, because he is the head and representative of this great interest. He is the conduit through which, all the honors and emoluments of the govern- ment flow ; — while the House of Commons, accord- ing to the theory of the government, is the head and representative of the opposite — the great tax-pay- ing interest, by which the government is supported.

Between these great interests, there is necessa- rily a constant and strong tendency to conflict; which, if not counteracted, must end in violence and an appeal to force, — to be followed by revolu- tion, as has been explained. To prevent this, the House of Lords, as one of the estates of the realm, is interposed ; and constitutes the conservative power of the government. It consists, in fact, of that portion of the community who are the prin- cipal recipients of the honors, emoluments, and other advantages derived from the government; and whose condition cannot be improved, but must be made worse by the triumph of either of the con- flicting estates over the other; and, hence, it is opposed to the ascendency of either, — and in favor of preser\^ng the equilibrium between them.

This sketch, brief as it is, is sufiicient to show, that these two constitutional governments, — ^by far the most illustrious of their respective kinds, — con- form to the principles that have been established, alike in their origin and in their construction. The

104 A DISQUISITION ON GOVERNMENT.

constitutions of both originated in a pressure, occa- sioned by conflicts of interests between hostile classes or orders, and were intended to meet the pressing exigencies of the occasion ; neither party, it would seem, having any conception of the prin- ciples involved, or the consequences to follow, be- yond the immediate objects in contemplation. It would, indeed, seem almost impossible for constitu- tional governments, founded on orders or classes, to originate in any other manner. It is difficult to conceive that any people, among whom they did not exist, would, or could voluntarily institute them, in order to establish such governments ; while it is not at all wonderful, that they should grow out of conflicts between different orders or classes when aided by a favorable combination of circumstances. The constitutions of both rest on the same prin- ciple ; — an organism by which the voice of each order or class is taken through its aj^propriate organ ; and which requires the concurring voice of all to constitute that of the whole community. The effects, too, were the same in both ; — to unite and harmonize conflicting interests ; — to strengthen at- tachments to the whole community, and to moderate that to the respective orders or classes; to rally all, in the hour of danger, around the standard of their country; to elevate the feeling of national- ity, and to develop power, moral and physical, to an extraordinary extent. Yet each has its distin- guishing features, resulting from the difference of their organisms, and the circumstances in which they respectively originated.

A DISQUISITION OX GOVERNMENT. 105

In tlie government of Great Britain, the tliree orders are blended in tlie legislative department ; SO tliat the separate and concurring act of each is necessary to make laws ; while, on the contrary, in the Koman, one order had the power of making laws, and another of annulling them, or arresting their execution. Each had its peculiar advantages. The Eoman developed more fully the love of coun- try and the feelings of nationality. " / am a Ro- man citizen^^'' — was pronounced with a pride and elevation of sentiment, never, perhaps, felt before or since, by any citizen or subject of any community, in announcing the country to which he belonged.

It also developed more fully the power of the community. Taking into consideration their re- spective population, and the state of the arts at the different periods, Rome developed more power, com- paratively, than Great Britain ever has, — vast as that is, and has been, — or, perhaps, than any other community ever did. Hence, the mighty control she acquired from a beginning so humble. But the British government is far superior to that of Rome, in its adaptation and capacity to embrace under its control extensive dominions, without subverting its constitution. In this respect, the Roman constitu- tion was defective ; — and, in consequence, soon began to exhibit marks of decay, after Rome had extended her dominions l^eyond Italy ; while the British holds under its sway, without apparently impairing either, an empire equal to that, under the weight of which the constitution and liberty of Rome were crushed. This great advantage it derives from its different

106 A DISQUISITION ON GOVERNMENT.

structure, especially tliat of tlie executive depart- ment ; and tlie character of its conservative princi- ple. The former is so constructed as to prevent, in consequence of its unity and hereditary character, the violent and factious struggles to obtain the con- trol of the government, — and, with it, the vast pat- ronage which distracted, corrupted, and finally sub- verted the Koman Republic. Against this fatal disease, the latter had no security whatever ; while the British government, — besides the advantages it possesses, in this respect, from the structure of its executive department, — has, in the character of its conservative principle, another and powerful securi- ty against it. Its character is such, that patronage, instead of weakening, strengthens it : — For, the great- er the patronage of the government, the greater will be the share which falls to the estate constitu- ting the conservative department of the govern- ment ; and the more eligible its condition, the greater its opposition to any radical change in its form. The two causes combined, give to the government a greater capacity of holding under subjection exten- sive dominions, without subverting the constitution or destroying liberty, than has ever been possessed by any other. It is difficult, indeed, to assign any limit to its capacity in this respect. The most prob- able which can be assigned is, its ability to bear increased burdens ; — the taxation necessary to meet the expenses incident to the acquisition and govern- ment of such vast dominions, may prove, in the end, so heavy as to crush, under its weight, the laboring and productive portions of the population.

A DISQUISITiOX ON GOVERNMENT. 107

I have now finished the brief sketch I |)roposed, of the origin and character of these two renowned governments ; and shall next proceed to consider the character, origin and structure of the Govern- ment of the United States, It differs from the Ro- man and llritish, more than they diifer from eacli other ; and, although an existing government of recent origin, its character and structure are perhaps less understood than those of either.

A DISCOURSE

ON THK

CONSTITUTION AND GOVERNMENT

OF THE

UNITED STATES.

A DISCOURSE

CONSTITUTION AND GOVERNMENT

UNITED STATES.

Ours is a system of governments, compounded of the separate governments of tlie several States com- posing the Union, and of one common government of all its members, called the Government of the United States. The former preceded the latter, which was created by their agency. Each was framed by written constitutions ; -those of the seve- ral States by the people of each, acting separately, and in their sovereign character ; and that of tne United States, by the same, acting in the same cha- racter,— but jointly instead of separately. All were formed on the same model. They all divide the powers of government into legislative, executive, and judicial ; and are founded on the great principle of the responsibility of the rulers to the ruled. The entire powers of government are divided between the two ; those of a more general character being specifically delegated to the United States ; and all

112 ON THE CONSTITUTION AND GOVERNMENT

others not delegated, being reserved to tlie several States in their separate character. Each, within its appropriate sphere, possesses all the attributes, and performs all the functions of government. Neither is perfect without the other. The two combined, form one entire and perfect government. With these preliminary remarks, I shall proceed to the consideration of the immediate subject of this dis- course.

The Government of the United States was formed by the Constitution of the United States ; — and ours is a democratic, federal republic.

It is democratic, in contradistinction to aristo- cracy and monarchy. It excludes classes, orders, and all artificial distinctions. To guard against their introduction, the constitution prohibits the granting of any title of nobility by the United States, or by any State.* The whole system is, in- deed, democratic throughout. It has for its funda- mental principle, the great cardinal maxim, that the people are the source of all power ; that the gov- ernments of the several States and of the United States were created by them, and for them; that the powers conferred on them are not surrendered, but delegated ; and, as such, are held in trust, and not absolutely ; and can be rightfully exercised only in furtherance of the objects for which they were delegated.

It is federal as well as democratic. Federal^ on the one hand, in contradistinction to national^ and,

* 1st Art. 9 and 10 Sec.

OF THE UNITED STATES. 113

on tlie otlier, to a confederacy. In showing this, I shall begin with the former.

It is federal, because it is the government of States united in a political union, in contradistinc- tion to a government of individuals socially united ; that is, by what is usually called, a social compact. To express it more concisely, it is federal and not na- tional, because it is the government of a community of States, and not the government of a single State or nation.

That it is federal and not national, we have the high authority of the convention which framed it. General Washington, as its organ, in his letter sub- mitting the plan to the consideration of the Con- gress of the then confederacy, calls it, in one place, — " the general government of the Union ;" — and in another, — " the federal government of these States." Taken together, the plain meaning is, that the government proposed would be, if adopted, the government of the States adopting it, in their united character as members of a common Union ; and, as such, would be a federal government. These ex- pressions were not used without due consideration, and an accurate and full knowledge of their true import. The subject was not a novel one. The convention was familiar with it. It was much agi- tated in their deliberations. They divided, in refer- ence to it, in the early stages of their proceedings. At first, one party was in favor of a national and the other of a federal government. The former, in the beginning, prevailed ; and in the plans which they proposed, the constitution and government are 8

114 ON THE CONSTITUTION AND GOVERNMENT

styled " National." But, finally, tlie latter gained the ascendency, when the term " National" was su- perseded, and " United States'^ substituted in its place. The constitution was accordingly styled, — " The constitution of the United States of Ameri- ca ;" — and the government, — " The government of the United States ;" leaving out " America," for the sake of brevity. It cannot admit of a doubt, that the Convention, by the expression " United States," meant the States united in a federal Union ; for in no other sense could they, with propriety, call the government, " the federal government of these States,^'' — and " the general government of the Union^'' — as they did in the letter referred to. It is thus clear, that the Convention regarded the different expres- sions,— "the federal government of the United States ;" — " the general government of the Union,"

and, — "government of the United States," — as

meaning the same thing, — a federal, in contradistinc- tion to a national government.

Assuming it then, as established, that they are the same, it is only necessary, in order to ascertain with precision, what they meant by '•^federal gov- ernment!^'— to ascertain what they meant by " the government of the United States? For this purpose it will be necessary to trace the expression to its origin.

It was, at that time, as our history shows, an old and familiar phrase, — having a known and well- defined meaning. Its use commenced with the poli- tical birth of these States ; and it has been applied to them, in all the forms of government through which

OF THE UNITED STATES 115

they liave ]3assed, without alteration. The style of the present constitution and government is precisely the style by which the confederacy that existed when it was adopted, and which it superseded, was designated. The instrument that formed the latter was called, — " Articles of Confederation and Perpe- tual Unions Its first article declares that the style of this confederacy shall be, " The United States of America;" and the second, in order to leave no doubt as to the relation in which the States should stand to each other in the confederacy about to be formed, declared, — "Each State retains its sove- reignty, freedom and independence ; and every pow- er, jurisdiction, and right, which is not, by this con- federation, expressly delegated to the United States in Congress assembled." If we go one step further back, the style of the confederacy will be found to be the same with that of the revolutionary government, which existed when it was adopted, and which it superseded. It dates its origin with the Declara- tion of Independence. That act is styled, — "The unanimous Declaration of the thirteen United States of America." And here again, that there might be no doubt how these States would stand to each other in the new condition in which they were about to be placed, it concluded by declaring, — "that these United Colonies are, and of right ought to be, free and independent States;" "and that, as free and independent States, they have full power to levy war, conclude peace, contract alliances, and to do all other acts and things which independent States may of right do." The " United States" is,

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then, tlie baptismal name of these States, — received at their birth ; — by which they have ever since con- tinued to call themselves ; by which they have cha- racterized their constitution, government and laws ; — and by which they are known to the rest of the world.

The retention of the same style, throughout every stage of their existence, affords strong, if not conclusive evidence that the political relation be- tween these States, under their present constitution and government, is substantially the same as under the confederacy and revolutionary government ; and what that relation was, we are not left to doubt ; as they are declared expressly to be "/ree, independent and sovereign States." They, then, are now united, and have been, throughout, simply as confederated States. If it had been intended by the members of the convention which framed the present constitu- tion and government, to make any essential change, either in the relation of the States to each other, or the basis of their union, they would, by retaining the style which designated them under the preced- ing governments, have practised a deception, utterly unworthy of their character, as sincere and honest men and patriots. It may, therefore, be fairly in- ferred, that, retaining the same style, they intended to attach to the expression, — " the United States," the same meaning, substantially, which it previous- ly had ; and, of course, in calling the present gov- ernment,— " the federal government of these States," they meant by "federal," that they stood in the same relation to each other, — ^that theii' union rested.

or THE UNITED STATES. 117

without material change, on the same basis, — as under the confederacy and the revolutionary gov- ernment ; and that federal, and confederated States, meant substantially the same thing. It follows, also, that the changes made by the present constitution were not in the foundation, but in the superstruc- ture of the system. We accordingly find, in confirma- tion of this conclusion, that the convention, in their letter to Congress, stating the reasons for the changes that had been made, refer only to the necessity which required a different '■'• organizationb'' of the government, without making any allusion whatever to any change in the relations of the States towards each other, — or the basis of the system. They state that, " the friends of our country have long seen and desired, that the power of making war, peace, and treaties ; that of levying money and regulating com- merce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the Government of the Union : but the impropriety of delegating such extensive trusts to one body of men is evident ; hence results the necessity of a dif- ferent organization? Comment is unnecessary.

We thus have the authority of the convention itself for asserting that the expression, " United States," has essentially the same meaning, when ap- plied to the present constitution and government, as it had previously ; and, of course, that the States have retained their separate existence, as independ- ent and sovereign communities, in all the forms of political existence, through which they have passed. Such, indeed, is the literal import of the expression,

118 ON THE CONSTITUTION AND GOVERNMENT

— " the United States," — and the sense in wMcli it is ever used, when it is applied politically. — I say, ^o- Utically^ — because it is often applied, geographically^ to designate the portion of this continent occupied by the States composing the Union, including terri- tories belonging to them. This apphcation arose from the fact, that there was no appropriate term for that portion of this continent ; and thus, not un- naturally, the name by which these States are polit- ically designated, was employed to designate the region they occupy and possess. The distinction is important, and cannot be overlooked in discussing questions involving the character and nature of the government, without causing great confusion and dangerous misconceptions.

But as conclusive as these reasons are to prove that the government of the United States is federal, in contradistinction to national, it would seem, that they have not been sufficient to prevent the oj)po- site opinion from being entertained. Indeed, this last seems to have become the prevailing one ; if we may judge from the general use of the term " na- tional," and the almost entire disuse of that of " federal." National, is now commonly applied to "the general government of the Union," — and " the federal government of these States," — and all that appertains to them or to the Union. It seems to be forgotten that the term was repudiated by the con- vention, after full consideration ; and that it was carefully excluded from the constitution, and the letter laying it before Congress. Even those who know all this, — and, of course, how falsely the term

OF THE UNITED STATES. 119

is applied, — have, for the most part, slided into its use without reflection. But there are not a few who so apply it, because they believe it to be a national government in fact ; and among these are men of distinguished talents and standing, who have put forth all their powers of reason and eloquence, in support of the theory. The question involved is one of the first magnitude, and deserves to be in- vestigated thoroughly in all its aspects. With this impression, I deem it proper, — clear and conclusive as I regard the reasons already assigned to prove its federal character, — to confirm them by historical references ; and to repel the arguments adduced to prove it to be a national government. I shall begin with the formation and ratification of the consti- tution.

That the States, when they formed and ratified the constitution, were distinct, independent, and sovereign communities, has already been establish- ed. That the people of the several States, acting in their separate, independent, and sovereign char- acter, adopted their separate State constitutions, is a fact uncontested and incontestable ; but it is not more certain than that, acting in the same character, they ratified and adopted the constitution of the United States; with this difference only, that in making and adopting the one, they acted without concert or agreement ; but, in the other, with con- cert in making, and mutual agreement in adopting it. That the delegates who constituted the con- vention which framed the constitution, were ap- pointed by the several States, each on its own

120 ON THE CONSTITUTION AND GOVERNMENT

authority; tliat they voted in tlie convention by States ; and that their votes were counted by States, — are recorded and unquestionable facts. So, also, the facts that the constitution, when framed, was sub- mitted to the people of the several States for their respective ratification ; that it was ratified by them, each for itself; and that it was binding on each, only in consequence of its being so ratified by it. Until then, it was but the plan of a constitution, without any binding force. It was the act of rati- fication which established it as a constitution be- tween the States ratifying it; and only between them^ on the condition that not less than nine of the then thirteen States should concur in the ratification ; — as is expressly provided by its seventh and last ar- ticle. It is in the following words : " The ratifica- tion of the conventioiis of nine States shall be suffi- cient for the establishment of this constitution be- tween the States so ratifying the same." If addi- tional proof be needed to show that it was only binding between the States that ratified it, it may be found in the fact, that two States, North Caro- lina and Ehode Island, refused, at first, to ratify ; and were, in consequence, regarded in the interval as foreign States, without obligation, on their parts, to respect it, or, on the part of their citizens, to obey it. Thus far, there can be no difference of opinion. The facts are too recent and too well established, — and the provision of the constitution too explicit, to admit of doubt.

That the States, then, retained, after the ratifica- tion of the constitution, the distinct, independent,

OF THE UNITED STATES. 121

and sovereign character in wliich they formed and ratified it, is certain ; unless they divested themselves of it by the act of ratification, or by some provision of the constitution. If they have not, the consti- tution must be federal, and not national; for it would have, in that case, every attribute necessary to constitute it federal, and not one to make it na- tional. On the other hand, if they have divested themselves, then it would necessarily lose its federal character, and become national. Whether, then, the government is federal or national, is reduced to a single question ; whether the act of ratification, of itself, or the constitution, by some one, or all of its provisions, did, or did not, divest the several States of their character of separate, independent, and sovereign communities, and merge them all in one great community or nation, called the American people ?

Before entering on the consideration of this im- portant question, it is proper to remark, that, on its decision, the character of the government, as well as the constitution, depends. The former must, necessarily, partake of the character of the latter, as it is but its agent, created by it, to carry its powers into effect. Accordingly, then, as the con- stitution is federal or national, so must the govern- ment be ; and I shall, therefore, use them indiscri- minately in discussing the subject.

Of all the questions which can arise under our system of government, this is by far the most impor- tant. It involves many others of great magnitude ; and among them, that of the allegiance of the citi-

122 ON THE CONSTITUTION AND GOVERNMENT

zen ; or, in otlier words, tlie question to whom allegi- ance and obedience are ultimately due. What is the true relation between the two governments, — that of the United States, and those of the several States ? and what is the relation between the individuals re- spectively composing them ? For it is clear, if the States still retain their sovereignty as separate and independent communities, the allegiance and obedi- ence of the citizens of each would be due to their respective States ; and that the government of the United States and those of the several States would stand as equals and co-ordinates in their respective spheres ; and, instead of being united socially, their citizens would be politically connected through their respective States. On the contrary, if they have, by ratifying the constitution, divested themselves of their individuality and sovereignty, and merged themselves into one great community or nation, it is equally clear, that the sovereignty would reside in the whole,— or what is called the American people ; and that allegiance and obedience would be due to them. Nor is it less so, that the government of the several States would, in such case, stand to that of the United States, in the relation of inferior and subor- dinate, to superior and paramount ; and that the in- dividuals of the several States, thus fused, as it were, into one general mass, would be united socially^ and not politically. So great a change of condition would have involved a thorough and radical revolu- tion, both socially and politically, — a revolution much more radical, indeed, than that which followed the Declaration of Independence.

OF THE UNITED STATES. 123

They who maintain that the ratification of the constitution effected so mighty a change, are bound to establish it by the most demonstrative proof. The presumption is strongly opposed to it. It has already been shown, that the authority of the con- vention which formed the constitution is clearly against it ; and that the history of its ratification, instead of supplying evidence in its favor, furnishes strong testimony in opposition to it. To these, others may be added ; and, among them, the pre- sumption drawn from the history of these States, in all the stages of their existence down to the time of the ratification of the constitution. In all, they formed separate, and, as it respects each other, inde- pendent communities ; and were ever remarkable for the tenacity with which they adhered to their rights as such. It constituted, during the whole period, one of the most striking traits in their char- acter,— as a very brief sketch will show.

During their colonial condition, they formed dis- tinct communities, — each with its separate charter and government, — and in no way connected with each other, except as dependent members of a com- mon empire. Their first union amongst themselves was, in resistance to the encroachments of the parent country on their chartered rights, — when they adopt- ed the title of, — "the United Colonies." Under that name they acted, until they declared their in- dependence ; — always, in their joint councils, voting and acting as separate and distinct communities ; — and not in the aggregate, as composing one commu- nity or nation. They acted in the same character in

124 ON THE CONSTITUTION AND GOVERNMENT

declaring independence ; by which act they passed from their dependent, colonial condition, into that of free and sovereign States. The declaration was made by delegates appointed by the several colonies, each for itself, and on its own authority. The vote making the declaration was taken by delegations, each counting one. The declaration was announced to be unanimous, not because every delegate voted for it, but because the majority of each delegation did ; showing clearly, that the body itself, regarded it as the united act of the several colonies, and not the act of the whole as one community. To leave no doubt on a point so important, and in reference to which the several colonies were so tenacious, the declaration was made in the name, and by the au- thority of the people of the colonies, represented in Congress ; and that was followed by declaring them to be, — " free and independent States." The act was, in fact, but a formal and solemn annunciation to the world, that the colonies had ceased to be de- pendent communities, and had become free and inde- pendent States ; without involving any other change in their relations with each other, than those neces- sarily incident to a separation from the parent coun- try. So far were they from supposing, or intending that it should have the effect of merging their exist- ence, as separate communities, into one nation, that they had appointed a committee, — which was actu- ally sitting, while the declaration was under discus- sion,— to prepare a plan of a confederacy of the States, preparatory to entering into their new con- dition. In fulfilment of theii' appointment, this

OF THE UNITED STATES. 125

committee prepared tlie draft of the articles of con- federation and perpetual union, which afterwards was adopted by the governments of the several States. That it instituted a mere confederacy and union of the States has already been shown. That, in forming and assenting to it, the States were ex- ceedingly jealous and watchful in delegating power, even to a confederacy : that they granted the powers delegated most reluctantly and sparingly; that sev- eral of them long stood out, under all the pressure of the revolutionary war, before they acceded to it; and that, during the interval which elapsed between its adoption and that of the present con- stitution, they evinced, under the most urgent ne- cessity, the same reluctance and jealousy, in dele- gating power, — are facts which cannot be disputed. To this may be added another circumstance of no little weight, drawn from the preliminary steps taken for the ratification of the constitution. The plan was laid, by the convention, before the Con- gress of the confederacy, for its consideration and action, as has been stated. It was the sole organ and representative of these States in their confed- erated character. By submitting it, the conven- tion recognized and acknowledged its authority over it, as the organ of distinct, independent, and sovereign States. It had the right to dispose of it as it pleased ; and, if it had thought proper, it might have defeated the plan by simply omitting to act on it. But it thought proper to act, and to adopt the course recommended by the convention ; — which was, to submit it, — " to a convention of dele-

126 ON THE CONSTITUTION AND GOVERNMENT

gates, chosen in eacli State, by the people thereof, for their assent and adoption." All this was in strict accord with the federal character of the con- stitution, but wholly repugnant to the idea of its be- ing national. It received the assent of the States in all the possible modes in which it could be obtained : first, — in their confederated character, through its only appropriate organ, the Congress ; next, in their individual character, as separate States, through their respective State governments, to which the Congress referred it ; and finally, in their high character of indej^endent and sovereign communities, through a convention of the people, called in each State, by the authority of its government. The States acting in these various capacities, might, at every stage, have defeated it or not, at their option, by giving or withholding their consent.

"With this weight of presumptive evidence, to use no stronger expression, in favor of its federal, in contradistinction to its national character, I shall next proceed to show, that the ratification of the constitution, instead of furnishing proof against, contains additional and conclusive evidence in its favor.

We are not left to conjecture, as to what was meant by the ratification of the constitution, or its effects. The expressions used by the conventions of the States, in ratifying it, and those used by the constitution in connection with it, afford ample means of ascertaining with accuracy, both its mean- ing and effect. The usual form of expression used by the former is : — " We, the delegates of the

OF THE UNITED STATES. 127

State," (naming tlie State,) " do, in behalf of tlie people of the State, assent to, and ratify the said constitution." All use, "ratify," — and all, except North Carolina, use, " assent to." The delegates of that State use, " adopt," instead of " assent to ;" a variance merely in the form of expression, without, in any degree, affecting the meaning. Ratification was, then, the act of the several States in their sepa- rate capacity. It was performed by delegates ap- pointed expressly for the purpose. Each appointed its own delegates ; and the delegates of each, acted in the name of, and for the State appointing them. Their act consisted in, " assenting to," or, what is the same thing, " adopting and ratifying" the con- stitution.

By turning to the seventh article of the consti- tution, and to the preamble, it will be found what was the effect of ratifying. The article expressly provides, that, "the ratification of the conventions of nine States, shall be sufficient for the establish- ment of this constitution, between the States so ratifying the same." The preamble of the constitu- tion is in the following words ; — " We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the gene- ral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and estabhsh this constitution for the United States of America." The effect, then, of its ratification was, to ordain and establish the constitution;- — and, thereby, to make, what was before but a plan, — " The constitu-

128 ON THE CONSTITUTION AND GOVERNMENT

tion of tlie United States of America." All this is clear.

It remains now to show, hy wTiom^ it was ordained and established ; for whom^ it was ordained and established ; for wliat^ it was ordained and estab- lished ; and over whom^ it was ordained and estab- lished. These will be considered in the order in which they stand,

Nothing more is necessary, in order to show by whom it was ordained and established, than to ascertain who are meant by, — " We, the people of the United States ;" for, by their authority, it was done. To this there can be but one answer : — it meant the people who ratified the instrument ; for it was the act of ratification which ordained and established it. Who they were, admits of no doubt. The process preparatory to ratification, and the acts by which it was done, prove, beyond the possibility of a doubt, that it was ratified by the several States, through conventions of delegates, chosen in each State by the people thereof; and acting, each in the name and by the authority of its State : and, as all the States ratified it, — " We, the people of the Uni- ted States," — mean, — We, the people of the several States of the Union. The inference is irresistible. And when it is considered that the States of the Union were then members of the confederacy, — and that, by the express provision of one of its articles, " each State retains its sovereignty, freedom, and independence," the proof is demonstrative, that, — " We, the people of the United States of America," mean the people of the several States of the Union,

OF THE UNITED STATES. 129

acting as free, independent, and sovereign States. This strikingly confirms what has been already stated ; to wit, that the convention which formed the constitution, meant the same thing by the terms, — " United States,"— and, " federal,"— when applied to the constitution or government ; — and that the former, when used politically, always mean, — these States united as independent and sovereign commu- nities.

Having shown, hij tvliom, it was ordained, there will be no difficulty in determining, /b?" whom^ it was ordained. The preamble is explicit; — it was ordained and established for, — " The United States of Amer- ica ;" adding, " America," in conformity to the style of the then confederacy, and the Declaration of In- dependence. Assuming, then, that the "United States" bears the same meaning in the conclusion of the preamble, as it does in its commencement, (and no reason can be assigned why it should not,) it follows, necessarily, that the constitution was or- dained and established /w' the people of the several States, hy whom it was ordained and established.

Nor will there be any difficulty in showing, for what, it was ordained and established. The pream- ble enumerates the objects. They are, — "to form a more perfect union, to establish justice, insure do- mestic tranquillity, provide for the common defence, promote the general welfare, and secure the bless- ings of liberty to om^selves and our posterity." To effijct these objects, they ordained and established, to use their own language, — " the constitution for the United States of America ;" — clearly meaning by 9

130 ON THE CONSTITUTION AND GOVERNMENT

" for," that it was intended to be their constitution ; and that the objects of ordaining and establishing it were, to perfect their union, to establish justice among them — to insure their domestic tranquillity, to provide for their common defence and general welfare, and to secure the blessings of liberty to the7n and their posterity. Taken all together, it follows, from what has been stated, that the con- stitution was ordained and established hy the seve- ral States, as distinct^ sovereign communities; and that it was ordained and established by them for themselves — for their common welfare and safety, as distinct and sovereign communities.

It remains to be shown, ovei^ whom^ it was or- dained and established. That it was not over the several States^ is settled by the seventh article be- yond controversy. It declares, that the ratification by nine States shall be sufficient to establish the constitution between the States so ratifying. " Be- tween," necessarily excludes " over;"— as that which is hetiueen States cannot be over them. Reason it- self, if the constitution had been silent, would have led, with equal certainty, to the sante conclusion. For it was the several States, or, what is the same thing, their people, in their sovereign capacity, who ordained and established the constitution. But the authority which ordains and establishes, is higher than that which is ordained and established ; and, of course, the latter must be subordinate to the former ; — and cannot, therefore, be over it. " Between," al- ways means more than over ; — and implies in this case, that the authority which ordained and estab-

OF THE UNITED STATES. 131

listed the constitution, was the joint and united authority of the States ratifying it ; and that, among the effects of their ratification, it became a contract between them ; and, as a comfpact^ binding on them ; — ^but only as such. In that sense the term, " be- tween," is appropriately applied. In no other, can it be. It was, doubtless, used in that sense in this instance ; but the question still remains, omr wJiom^ was it ordained and established ? After what has been stated, the answer may be readily given. It was over the government which it created, and all its functionaries in their official character, — and the in- dividuals composing and inhabiting the several States, as far as they might come within the sphere of the powers delegated to the United States.

I have now shown, conclusively, by arguments drawn from the act of ratification, and the consti- tution itself, that the several States of the Union, acting in their confederated character, ordained and established the constitution; that they ordained and established it for themselves, in the same char- acter; that they ordained and established it for their welfare and safety, in the like character ; that they established it as a compact hetween them, and not as a constitution over them ; and that, as a com- pact, they are parties to it, in the same character. I have thus established, conclusively, that these States, in ratifying the constitution, did not lose the confederated character which they possessed when they ratified it, as well as in all the preceding stages of their existence ; but, on the contrary, still retained it to the fuU. *

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Those who oppose this conclusion, and maintain the national character of the government, rely, in support of their views, mainly on the expressions, " we, the people of the United States," used in the first part of the preamble ; and, " do ordain and establish this constitution for the United States of America," used in its conclusion. Taken together, they insist, in the fii'st place, that, " we, the people," mean, the people in their individual character, as forming a single community ; and that, " the United States of America," designates them in their aggre- gate character, as the American people. In main- taining this construction, they rely on the omission to enumerate the States by name, after the word " people," (so as to make it read, " We, the people of New Hampshire, Massachusetts, <fec.," as was done in the articles of the confederation, and, also, in signing the Declaration of Independence ;) — and, instead of this, the simple use of the general term "United States."

However plausible this may appear, an explana- tion perfectly satisfactory may be given, why the expression, as it now stands, was used by the fram- ers of the constitution ; and why it should not re- ceive the meaning attempted to be placed upon it. It is conceded that, if the enumeration of the States after the word, " people," had been made, the expres- sion would have been freed from all ambiguity; and the inference and argument founded on tl^e failure to do so, left without pretext or support. The omission is certainly striking, but it can be readi- ly explained. It was made intentionally, and solely

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from tlie necessity of the case. The first di-aft of the constitution contained an enumeration of the States, by name, after the word " people ;" but it be- came impossible to retain it after the adoption of the seventh and last article, which provided, that the ratification by nine States should be sufficient to establish the constitution as between them ; and for the plain reason, that it was impossible to determine, whether all the States would ratify ; — or, if any failed, which, and how many of the number ; or, if nine should ratify, how to designate them. No al- ternative was thus left but to omit the enumeration, and to insert the " United States of America," in its place. And yet, an omission, so readily and so sat- isfactorily explained, has been seized on, as furnish- ing strong proof that the government was ordained and established by the American people, in the ag- gregate,— and is therefore national.

But the omission, of itself, would have caused no difficulty, had there not been connected with it a two- fold ambiguity in the expression as it now stands. The term " United States^'' which always means, in constitutional language, the several States in their confederated character, means also, as has been shown, when applied geographically, the country occupied and possessed by them. While the term " people," has, in the English language, no plural, and is necessarily used in the singular number, even when applied to many communities or states confed- erated in a common union, — as is the case with the United States. Availing themselves of this double ambiguity, and the omission to enumerate the States

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by name, tlie advocates of the national theory of the government, assuming that, " we^ the people^'' meant individuals generally, and not people as form- ing States ; and that " United States " was