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only after certain conditions have been complied with, but by reason of the position occupied by those men in whom the capacity is presumed, in their relations to other powers, and in the limits of the functions assigned to them. No one is recognised as possessing an inherent right to an office or a function. Nor is this all; representative government does not content itself with demanding capacity before it confers power; as soon as the capacity is presumed or proved, it is placed in a position where it is open to a kind of legal suspicion, and where it must necessarily continue to legitimatize itself, in order to retain its power. According to the principle of the sovereignty of the people, absolute right resides with the majority; true sovereignty exists wherever this force is manifested; from this follows necessarily the oppression of the minority, and such has, in fact, generally been the result. The representative form of government, never forgetting that reason and justice, and consequently a right to sovereignty, do not reside fully and constantly in any part of the earth, presumes that they are to be found in the majority, but does not attribute them to it as their certain and abiding qualities. At the very moment when it presumes that the majority is right, it does not forget that it may be wrong, and its concern is to give full opportunity to the minority of proving that it is in fact right, and of becoming in its turn the majority. Electoral precautions, the debates in the deliberative assemblies, the publication of these debates, the liberty of the press, the responsibility of ministers, all these arrangements have for their object to insure that a majority shall be declared only after it has well authenticated itself, to compel it ever to legitimatize itself, in order to its own preservation, and to place the minority in such a position as that it may contest the power and right of the majority.

Thus, the considerations we have suggested show that a representative form of government regards the individuals whom it brings into activity, and the majority which it seeks, from quite another point of view than that involved in the sovereignty of the people. The latter admits that the right of sovereignty resides somewhere upon the earth; the former denies it-this finds the right in question in a purely numerical majority; that seeks it in the majority of those

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qualified to pronounce on the subject:-the one attributes it fully and entirely to number; the other is satisfied with the presumption that it is there, admits at the same time that it may possibly not be there, and invites the minority to substantiate its claims, securing, meanwhile, every facility for its so doing. The sovereignty of the people sees legitimate power in the multitude; representative government sees it only in unity, that is to say, in the reason to which the multitude ought to reduce itself. The sovereignty of the people makes power to come from below; representative government recognises the fact that all power comes from above, and at the same time obliges all who assume to be invested with it to substantiate the legitimacy of their pretensions before men who are capable of appreciating them. The one tends to lower those who are superior, the other to elevate those who are inferior, by bringing them into communication with those who are naturally above them. The sovereignty of the people is full at once of pride and of envy; representative government renders homage to the dignity of our nature, without ignoring its frailty, and recognises its frailty without outrage to its dignity. The principle of the sovereignty of the people is contrary to all the facts which reveal themselves in the actual origin of power, and in the progress of societies; representative government does not blink any one of these facts. Lastly, the sovereignty of the people is no sooner proclaimed, than it is compelled to abdicate its power, and to confess the impracticability of its aims; representative government moves naturally and steadily onward, and develops itself by its very existence.

So far, then, from deriving its existence from the principle of the sovereignty of the people, representative government disowns this principle, and rests upon an entirely different idea, and one which is attended with entirely different consequences. It matters little that this form of government has been often claimed in the name of the sovereignty of the people, and that its principal epochs of development have occurred at times when that idea predominated; the reasons of this fact are easily discovered. The sovereignty of the people is a great force which sometimes interferes to break up an inequality which has become excessive, or a power which has become absolute, when society can no longer

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accommodate itself to them; as despotism sometimes interferes, in the name of order, violently to restore a society on the brink of dissolution. It is only a weapon of attack and destruction, never an instrument for the foundation of liberty. It is not a principle of government, it is a terrible but transient dictatorship, exercised by the multitude,—a dictatorship that ceases, and that ought to cease as soon as the multitude has accomplished its work of destruction.

Briefly, to conclude: as the object of these lectures is to trace the course of representative government in modern Europe wherever it has found any footing, I have looked for the primal type of this government in order to compare it with the government of the Anglo-Saxon monarchy, which we have already examined, and with the other primitive governments which we shall meet with in Europe. In order to distinguish precisely the character of a representative government, I have been obliged to go back to the source of all government. I think I have shown that we must classify all governments according to two different principles. The one class, allied to justice and reason, recognises these alone as their guides; and as it is not in the power of human feebleness, in this world, to follow infallibly these sacred leaders, these governments do not concede to any one the possession of an absolute right to sovereignty, and they call upon the entire body of society to aid in the discovery of the law of justice and reason, which can alone confer it. The other class, on the contrary, admitting a right inherent in man to make a law for himself, thus degrade the rightful sovereignty; which, as it belongs only to justice and reason, ought never to come under the absolute control of man, who is ever too ready to usurp sovereignty, in order to exercise it for the promotion of his private interests, or for the gratification of his passions. I have shown that a representative government alone renders homage to true principles, and that all other governments, democratic as well as aristocratic, ought to be arranged according to an entirely different scheme of classification. I have now to enter upon the examination of the exterior forms of representative government, and to compare its principle with the historical principle of the Anglo-Saxon monarchy, as it is exhibited before us in its institutions.

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LECTURE VIII.

The forms of a government are related to its principle, but are swayed by circumstances, and vary according to different degrees of civilization. What are the forms essential to a representative government? -1st. Division of powers; why this is absolutely essential to the principle of representative government;-2nd. Election;-3rd. Publicity.

THE forms of a government are immediately related to its principle: the principle determines the forms, the forms reveal the principle. It does not therefore follow that the forms correspond exactly to the principle, nor that the principle can only realize itself under a peculiar form. As the principle itself is never alone nor omnipotent in its influence upon the facts, forms are necessarily diverse and mingled. In proportion as the action of any principle extends itself, the form which is truly correspondent to it is developed; but, in the course of this work, the principle embodies itself in the different forms which correspond to the condition of those facts which, in their aggregate, constitute society, and determine the position which it occupies in the scale of civilization.

The same principle can then be contained, and act under different forms. If the forms are the best that can be supplied for the principle, considering the existing state of society, and if, although they do not fully correspond to its nature, they insure the constant and regular progress of its action, there is no blame that can be charged upon them; each epoch, each state of society only allows of a certain development of the principle upon which its government rests. What is the measure of development possible to each epoch, and what is the form which corresponds to it in the present, which will secure for the future a more extended development, and which will bring with it new forms? This is the whole extent of the question-I mean, the question concerning the present, the only one with which political activity has to deal.

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Nevertheless there are certain forms of government which are the general conditions of the presence and action of particular principles. Wherever the principle exists, it necessarily produces these forms; where they are wanting the principle does not exist or will soon cease to exist; its action and progress imperatively demand them: so far as they gain consistency at any place, the principle which they suppose is latently present and tends to become predominant.

What are the essential forms of the principle of representative government? By what external indications may we recognize the presence of this principle in a government? What conditions are required in order that it may act and develop itself?

We may, if I mistake not, reduce to three the conditions necessary, and the forms essential, to the representative system; all three are perhaps not equally necessary; their simultaneous existence is not perhaps indispensable in order to indicate the existence and secure the development of the principle from which they are derived. We may, however, justly consider them as fundamental. These forms are: 1st. The division of powers; 2nd. Election; 3rd. Publicity. We have seen that no really existing power can be a rightful power, except in so far as it acts according to reason and truth, the only legitimate rule of action, the only source of right.

No existing power can fully know and constantly regard the guidance of reason and truth according to which it is bound to regulate its action. No actual power then is, or can be, in itself, a power by inherent right. In other words, as no existing power can be found that is infallible, there is none that may retain its existence on the tenure of absolute right.

Such is, however, the condition of human things that they need, as a last appeal, the intervention of a power which may declare the law to be the rule of government, and which shall impose it and cause it to be respected. In all the relations which the social state admits and to which it gives birth, from domestic order to political order, the presence of a power which may give and maintain the rule of action, is a necessary condition of the very existence of society.