fair and equal reprefentation of the people.

Tho they adopted

a variety of expedients to check the power of the different orders, yet they never difcovered the true principles of balancing them by an equal diftribution of the legiflative power among three branches, and feparating it from the executive and judiciary.

In the heroic ages of Greece, when the people were in a pastoral ftate, they adopted forms of government of a democratic nature; invefting the military command in a chief, in times of war. As they progreffed in civilization, and agriculture, their chiefs gradually extended their power, till the people refimed their rights and established in the little territory of Greece, a number of republics, of an aristocratic, and democratic nature. In all, an imperfect effort was made, to balance the contending interest of the nobles and the people, and the inftitutions of Lycurgus, and Solon, have immortalized their names as legiflators in the page of history. Had that people, who have exhibited fome of the boldeft effarts of genius, and the fublimeft flights of imagination, hit upon the plan of a reprefentation of the people, and a divifion of the legislature into three branches, they had not been a prey to anarchy and inteftine wars, while their governments continued ; nor had their country now been fubjected to the deepest wretchednefs and mifery, under the iron hand of Turkish despotifm.

The Greeks had no juft idea of preferving the independence of the feveral flates and kingdoms of the world, by maintaining the balance of power between the whole. The Amphy&ionic council was but a flimfy expedient to preferve their liberties against intestine commotion and foreign invasion. They foon acknowledged the fuperiority of the Macedonian power, and fuffered Alexander the great, to conquer a principal part of the civilized world, without any attempt to form a combination to check an enterprife fo dangerous to all the nations of the earth. His premature death prevented him from fecuring by the regulations of peace, the advantages he had acquired by the victory of his arms, and af

ter

a Adam's defence of the American conftitution, Vol. 1. I am bound to acknowledge that I am indebted to this work for many ideas and obfervations. The epinent author has not only exhibited a thorough and accurate knowledge of his fubject; but he has detailed a beautiful theory, illuftrated by the experience of pall ages, that may be confidered as a perfect fandard in the fcience of government.

6 Gillies hillory of Greece, Vol. I.

Roll. Anc. Ilif.

ter a long feries of bloody wars, his conquefts were divided by three of his captains into the defpotic kingdoms of Syria, Egypt, and Macedon. All kingdoms established by a leader at the head of his army, will partake of that military defpotif which is neceffary for the difcipline of foldiers.

During this time, the republic of Rome was extending its conquefts over the neighbouring nations, in a manner of which liftory furnishes no other example. In 'the firft dawn of the Roman hiftory, we find the people under the obedience of kings, whole abufe of power, foon provoked them to reclaim their natural rights, and establish a republican form of government. Tho the want of a balance of power, between the fenate and the people, opened the door for perpetual difcord and contention, yet their military fpirit, and their ambition of empire, led them to atchieve the conqueft of all the civilized nations of the earth, and the potent kingdoms founded by the fucceffors of Alexander, dwindled into provinces of the Roman empire. But the feeble and jarring powers of the government, were infufficient to guard, protect, and defend a state of such vast extent. Had the powers of the fenate and people been equipoifed, and all the provinces fairly and equally reprefented, perhaps the Roman eagle would at this time have fpread its wings over all the habitable countries on the globe. It is no wonder, that the exalted virtue and fublime eloquence of Cicero could not ftem the torrent of univerfal corruption, and reftrain the licentioufnefs of a populace, who in the wealthiest city in the world, had in a collective body the fupreme command of an empire. Rome was ripe for a revolution, when Julius Cefar, the greatest hero of antiquity, who by a ten years feries of victories, had conquered the fierce nations of Gaul, defcended from the Alps, paffed the Rubicon, and on the plains of Pharfalia, triumphed over the arms of Pompey, and trampled on the liberties of his country. But a Roman was found, who by the boldest exertion of patriotifin dared affert the caufe of liberty, and punish the ufurpation of the tyrant. In the capitol, in an affèmbly of the fenate, the dagger of Brutus avenged the infult done to his country; but the death of Cefar neither expiated his crime, or reftored the liberty of Rome. It opened anew the fources of difcord, and after oceans of Roman blood

Fergurfon's history of Rome.

blood were fhed, Auguftus laid the permanent fouadation of a def potifm, that enabled his fucceffors to infult the dignity of the world, and fport with mifery of the human race.

In the fifth century, the eastern and western divifions of the Roman empire, held in fervile fubjection, the faireft portion, and best cultivated part of Europe, Afia, and Africa. The long, conftant, and uniform operation of arbitrary power, and the blind fubmiffion to the will of a fovereign, enervated the powers of genius, and checked the flights of imagination. The matchless eloquence of a Cicero, no more refounded in the capitol, to defend the rights of man. The harmonious numbers of a Virgil and a Horace, no longer polifhed the manners, and improved the virtues of the people. The laurel of fame, and the tribute of applaufe, were be flowed on the vile fycophants, who compofed the most hyperbolical frains of adulation. The feeble efforts of genius demonstrated the fhackles that were rivetted on the human mind. The world was prepared for a revolution.

At this period, the uncivilized nations iffued from the forests of Germany, fubverted the Western empire, and produced the most important revolution recorded in the annals of hiftory. They changed the face of the earth, new manners and customs were introduced, new forms of government eftablished, and new codes of law promulgated. From this revolution, is derived the noble and romantic heroifin of chivalry, which produced fo great a difference of manners, between ancient and modern times; and the feudal fyftem which led the way to the difcovery of reprefentation in go. vernment, and the balancing the different orders by three branches in the legiflature. f A revolution of fuch extenfive coufequence, has long been a fubject of fpeculation to the literary world, and can never be too much contemplated or too fully investigated.

All unpolished nations, in that fimple ftate of fociety which is de nominated paftoral, are led by the dictates of nature, to adopt fimilar governments. Survey mankind through every period of hiftory, and extend the eye to every nation on the globe, the Grecians, the Romans, the Germans, and the Tartars, and this truth will be fully demonftrated.

The

e Gitton's bifory Roman Empire. Robertfor's hift. Charles, V. volt. Hame's hift. Eng vol. vi. Gibbon's hift. Rom. Emp. Millar on raks in Society. Millar's hifk view Eng. Gov. Sullivan's Lectures.

The manners of the Germans, feveral centuries before their inva fion of the Roman empire, were defcribed by the mafterly pen of

Tacitus, who deferves the title of the philofophical historian. The leading feature of their government, was democracy. In an affembly of the freemen, the fupreme power was lodged. They elected a chief to prefide in their national councils, and conduct their military enterprizes. This affembly of the freemen was conti nued after they had made permanent fettlements in the conquered countries, and established on the ruins of defpotifin, the outlines of free conftitutions. But I must confine ny enquiries to that kingdom, which alone from the confufion of the feudal fystem, extracted a form of government, that has been the admiration of mankind.

In the middle of the fifth century, the Romans incapable of fup porting their tottering empire, against the violent fhock of the invaders, left the inhabitants of the fouthern part of the island of Great-Britain, enervated and corrupted by the arts of peace, and the fhackles of flavery, a feeble and defenceles prey, to the fierce and warlike inhabitants of Caledonia. Upon the invitation of Vortigern, the British king; the Saxons left the wilds of Germany, and came to their relief. The Picts, and Scots fled before their victorious armas: but the Britons experienced the fame treatment from their allies, which they dreaded from their foes. After a bloody truggle, feven Saxon chiefs erected their thrones, In the eighth century, the fuperior valour and wifdom of Egbert, united the country under the power of the Anglo-Saxt us, from whom the English, and England derive their name. The Saxon conquerors introduced their own inflitutions. The king was the chief, and the fopreme power was vefted in the national council, called the Wittana gemote, confifting of all the freemen of the nation. In the diftribution of the lands, the immediate retainers of the king held by feudal tenure, and the freemen by an allodial title.

When England fubmitted to another conqueror, and William the Norman, by the decifive victory of Haftings, gained an indifputed title to the crown, he introdued into England the feudal tenures, with the rigorous and oppreffive confequences annexed to them on the continent, where all the allodial eftates had been converted inVOL. I.

De moribus German

E

Millar's hiftorical View Eng. GUVA

to

to fends. The allodial proprietors furrendered their lands, and became vaffals of the king. The Wittana gemote, affumed the name of parliament, and was composed of feudal barons. The jealous nobles, firmly refifted the efforts of the Norman kings to establish an arbitrary fway, and on the plains of Runny-Mead, extorted from John, the Great Charter which fecured the independence of the parliament, and the liberties of the nation. In the progreffive improvement of the ftate, and from the more equal destribution of property, the perfons who had a right to a feat in the great council became numerous, and the poorer class were unwilling to bear the expense of attendance. The kings were defirous that the lower order fhould attend the parliament, for the purpose of counterbalancing the power of the great and wealthy barons.-Hence originated the election of knights of the fhire and burgeffes, to reprefent the counties and towns, by which their privileges were fecured, and the expenfive attendance of the whole was faved.

The difference of rank between the nobles, and the reprefentatives, and the different rights to their feats, naturally led them to meet in different apartments, and form feparate deliberations and determinations. The king as the chief of the nation, naturally affumed the executive power: the judges by their uniform decifions, established a permanent fyftem of common law, which drew the bufineis of that nature from the parliament, to their tribunals, and enabled them to affume a regular jurisdiction over all the controverfies of the people.

In this accidental manner originated, the principle of reprefentation, the balancing the orders of the people, by three branches in the legislature, and the feparation of the executive, legislative and judicative powers. The moft capital improvements that ever had been made in government.

The improvements of the English nation, in the science of government, were by our ancestors at the time of their emigration transplanted to America. The greater part of that country which now compofes the United States, was fettled by private adventurers, without the aid of the crown of England. On their arrival in the wilderness, furrounded by ferocious tribes of favages, and exposed