If what is related of the little principalities which, in ancient times, were formed in Greece, in Italy, and over all Europe, agrees with the character we have given of mankind under the first impressions of property, of interest, and of hereditary distinctions; the seditions and domestic wars which followed in those very states, the expulsion of their kings, or the questions which arose concerning the prerogatives of the sovereign, or privilege of the subject, are agreeable to the representation which we now give of the first step toward political establishment, and the desire of a legal constitution.
What this constitution may be in its earliest form, depends on a variety of circumstances in the condition of nations: It depends on the extent of the principality in its rude state; on the degree of disparity to which mankind had submitted before they began to dispute its abuses: it depends likewise on what we term accidents, the personal character of an individual, or the events of a war.
Every community is originally a small one. That propensity by which mankind at first unite, is not the principle from which they afterwards act in extending the limits of empire. Small tribes, where they are not assembled by common objects of conquest or safety, are even averse to a coalition. If, like the real or fabulous confederacy of the Greeks for the destruction of Troy, many nations combine in pursuit of a single object, they easily separate again, and act anew on the maxims of rival states.
There is, perhaps, a certain national extent, within which the passions of men are easily communicated from one, or a few, to the whole; and there are certain numbers of men who can be assembled, and act in a body. If, while the society is not enlarged beyond this dimension, and while its members are easily assembled, political contentions arise, the state seldom fails to proceed on republican maxims, and to establish democracy. In most rude principalities, the leader derived his prerogative from the lustre of his race, and from the voluntary attachment of his tribe: the people he commanded, were his friends, his subjects, and his troops. If we suppose, upon any change in their manners, that they cease to revere his dignity, that they pretend to equality among themselves, or are seized with a jealousy of his assuming too much, the foundations of his power are already withdrawn. When the voluntary subject becomes refractory; when considerable parties, or the collective body, chuse to act for themselves; the small kingdom, like that of Athens, becomes of course a republic.
The changes of condition, and of manners, which, in the progress of mankind, raise up to nations a leader and a prince, create, at the same time, a nobility, and a variety of ranks, who have, in a subordinate degree, their claim to distinction.
Superstition, too, may create an order of men, who, under the title of priesthood, engage in the pursuit of a separate interest; who, by their union and firmness as a body, and by their incessant ambition, deserve to be reckoned in the list of pretenders to power. These different orders of men are the elements of whose mixture the political body is generally formed;each draws to its side some part from the mass of the people. The people themselves are a party upon occasion; and numbers of men, however classed and distinguished, become, by their jarring pretensions and separate views, mutual interruptions and checks;and have, by bringing to the national councils the maxims and apprehensions of a particular order, and by guarding a particular interest, a share in adjusting or preserving the political form of the state.
The pretensions of any particular order, if not checked by some collateral power, would terminate in tyranny; those of a prince, in despotism; those of a nobility or priesthood, in the abuses of aristocracy; of a populace, in the confusions of anarchy. These terminations, as they are never the professed, so are they seldom even the disguised, object of party: but the measures which any party pursues, if suffered to prevail, will lead, by degrees, to every extreme.
In their way to the ascendant they endeavour to gain, and in the midst of interruptions which opposite interests mutually give, liberty may have a permanent or a transient existence; and the constitution may bear a form and a character as various as the casual combination of such multiplied parts can effect.
To bestow on communities some degree of political freedom, it is perhaps sufficient, that their members, either singly, or as they are involved with their several orders, should insist on their rights; that under republics, the citizen should either maintain his own equality with firmness, or restrain the ambition of his fellow-citizen within moderate bounds: that under monarchy, men of every rank should maintain the honours of their private or their public stations; and sacrifice, neither to the impositions of a court, nor to the claims of a populace, those dignities which are destined, in some measure, independent of fortune, to give stability to the throne, and to procure a respect to the subject.
Amidst the contentions of party, the interests of the public, even the maxims of justice and candour, are sometimes forgotten;and yet those fatal consequences which such a measure of corruption seems to portend, do not unavoidably follow. The public interest is often secure, not because individuals are disposed to regard it as the end of their conduct, but because each, in his place, is determined to preserve his own. Liberty is maintained by the continued differences and oppositions of numbers, not by their concurring zeal in behalf of equitable government. In free states, therefore, the wisest laws are never, perhaps, dictated by the interest and spirit of any order of men:
