to the state, there is no danger in intrusting the magistrates with large discretionary powers; and though many advantages result from such powers, in preserving peace and order, yet they lay a considerable restraint on men’s actions, and make every private citizen pay a great respect to the government. Thus it seems evident, that the two extremes of absolute monarchy and of a republic, approach near to each other in some material circumstances. In the first, the magistrate has no jealousy of the people: in the second, the people have none of the magistrate: Which want° of jealousy begets a mutual confidence and trust in both cases, and produces a species of liberty in monarchies, and of arbitrary power in republics.
To justify the other part of the foregoing observation, that, in every government, the means are most wide of each other, and that the mixtures of monarchy and liberty render the yoke either more easy or more grievous; I must take notice of a remark in TACITUS with regard to the ROMANS under the emperors, that they neither could bear total slavery nor total liberty, Nec totam servitutem, nec totam libertatem pati possunt.2 This remark a celebrated poet has translated and applied to the ENGLISH, in his lively description of queen ELIZABETH’S policy and government,
Et fit aimer son joug a l’Anglois indompté,
Qui ne peut ni servir, ni vivre en liberté,
HENRIADE, liv. I.3
According to these remarks, we are to consider the ROMAN government under the emperors as a mixture of despotism and liberty, where the despotism prevailed; and the ENGLISH government as a mixture of the same kind, where the liberty predominates. The consequences are conformable to the foregoing observation; and such as may be expected from those mixed forms of government, which beget a mutual watchfulness and jealousy. The ROMAN emperors were, many of them, the most frightful tyrants that ever disgraced human nature; and it is evident, that their cruelty was chiefly excited by their jealousy, and by their observing that all the great men of ROME bore with impatience the dominion of a family, which, but a little before, was no wise superior to their own. On the other hand, as the republican part of the government prevails in ENGLAND, though with a great mixture of monarchy, it is obliged, for its own preservation, to maintain a watchful jealousy over the magistrates, to remove all discretionary powers, and to secure every one’s life and fortune by general and inflexible laws. No action must be deemed a crime but what the law has plainly determined to be such: No crime must be imputed to a man but from a legal proof before his judges; and even these judges must be his fellow-subjects, who are obliged, by their own interest, to have a watchful eye over the encroachments and violence of the ministers. From these causes it proceeds, that there is as much liberty, and even, perhaps, licentiousness° in GREAT BRITAIN, as there were formerly slavery and tyranny in ROME.
These principles account for the great liberty of the press in these kingdoms, beyond what is indulged in any other government.c It is apprehended, that arbitrary power would steal in upon us, were we not careful to prevent its progress, and were there not an easy method of conveying the alarm from one end of the kingdom to the other. The spirit of the people must frequently be rouzed,° in order to curb the ambition of the court; and the dread of rouzing this spirit must be employed to prevent that ambition. Nothing so effectual to this purpose as the liberty of the press, by which all the learning, wit, and genius of the nation may be employed on the side of freedom, and every one be animated° to its defence. As long, therefore, as the republican part of our government can maintain itself against the monarchical, it will naturally be careful to keep the press open, as of importance to its own preservation.
It must however be allowed, that the unbounded liberty of the press, though it be difficult, perhaps impossible, to propose a suitable remedy for it, is one of the evils, attending those mixt forms of government.d
THAT POLITICS MAY BE REDUCED TO A SCIENCE
IT is a question with several, whether there be any essential difference between one form of government and another? and, whether every form may not become good or bad, according as it is well or ill administered?1 Were it once admitted, that all governments are alike, and that the only difference consists in the character and conduct of the governors, most political disputes would be at an end, and all Zeal for one constitution above another, must be esteemed mere bigotry and folly. But, though a friend to moderation, I cannot forbear condemning this sentiment, and should be sorry to think, that human affairs admit of no greater stability, than what they receive from the casual humours and characters of particular men.
It is true; those who maintain, that the goodness of all government consists in the goodness of the administration, may cite many particular instances in history, where the very same government, in different hands, has varied suddenly into the two opposite extremes of good and bad. Compare the FRENCH government under HENRY III.2 and under HENRY IV.3 Oppression, levity,° artifice° on the part of the rulers; faction,° sedition, treachery, rebellion, disloyalty on the part of the subjects: These compose the character of the former miserable æra. But when the patriot and heroic prince, who succeeded, was once firmly seated on the throne, the government, the people, every thing seemed to be totally changed; and all from the difference of the temper and conduct of these two sovereigns.a Instances of this kind may be multiplied, almost without number, from ancient as well as modern history, foreign as well as domestic.
But here it may be proper to make a distinction. All absolute governmentsb must very much depend on the administration; and this is one of the great inconveniences attending that form of government. But a republican and free government would be an obvious absurdity, if the particular checks and controuls, provided by the constitution, had really no influence, and made it not the interest, even of bad men, to act for the public good. Such is the intention of these forms of government, and such is their real effect, where they are wisely constituted: As on the other hand, they are the source of all disorder, and of the blackest crimes, where either skill or honesty has been wanting in their original frame and institution.
So great is the force of laws, and of particular forms of government, and so little dependence have they on the humours° and tempers of men, that consequences almost as general and certain may sometimes be deduced from them, as any which the mathematical sciences afford us.
The constitution of the ROMAN republic gave the whole legislative power to the people, without allowing a negative voice either to the nobility or consuls. This unbounded power they possessed in a collective, not in a representative body. The consequences were: When the people, by success and conquest, had become very numerous, and had spread themselves to a great distance from the capital, the city-tribes, though the most contemptible, carried almost every vote: They were, therefore, most cajoled by every one that affected popularity:° They were supported in idleness by the general distribution of corn, and by particular bribes, which they received from almost every candidate: By this means, they became every day more licentious,° and the CAMPUS MARTIUS4 was a perpetual scene of tumult and sedition: Armed slaves were introduced among these rascally citizens; so that the whole government fell into anarchy, and
