78 PROBLEM OF GOVERNMENT. We see then the dilemma in which society is placed. No actual power can vindicate a claim to become an absolute power; hence the necessity, in order to meet particular emergencies, of a power that is definite, that is to say, actually absolute. The problem of government is-how to give society a guarantee that the power, which is in operation absolute, to which all social relations must necessarily be referred, shall be but the image, the expression, the organ of that power which is rightfully absolute and alone legitimate, and which is never to be found localized in this world? This is also, as we have seen, the problem which the representative system formally proposes to itself, since all its arrangements assume the existence of this problem and are framed with purpose to resolve it. a To make actual power, as far as possible, identical with rightful power, by imposing upon it the abiding necessity of seeking for reason, truth, and justice the sources of right; by investing it with practical power only when it has proved, that is to say, given a presumption of, its success in this search; and by compelling it ever to renew and confirm this presumption under penalty of losing power if it is unable to do so, this is the course of the representative system, this is the end at which it aims and according to which it directs, in their relations and their movement, all the resources which it brings into action. In order to attain this end, it is indispensable that the existing power should not be simple, that is to say, that it should not be suffered to confine itself to one single instrument. As no force can possess in itself fully the right to authority, if there is one which possesses an absolute power, not only will it abuse this power, but it will very soon claim it as an inherent right. Alone it will become despotic, and in order to sustain its despotism it will call itself legitimately sovereign; and perhaps will end by believing and establishing the fiction. Such is the corrupting effect of despotism, that it destroys sooner or later, both in those who exercise it and in those who submit to it, even the feeling of its illegitimacy. Whoever is solitary in his sovereignty has only one step in order to become accredited as infallible. Alexander was right in wishing DIVISION OF POWERS. 79 that he should be recognized as a god; he deduced a consequence that strictly followed from the fulness of the power which he possessed: and they also are right, who, attributing sovereignty to the multitude, take for their maxim, Vox populi, vox Dei. Everywhere where sovereignty rests with a single power, whatever may be the nature of that power, there is a danger that sovereignty will immediately be claimed as a right. A division of the actual sovereignty is then a natural consequence of the principle, that a right to sovereignty does not belong to any person. It is necessary that there should be several powers, equal in extent and supplementary to each other in the exercise of actual sovereignty, in order that no one of them may be led to arrogate to itself the sovereignty of inherent right. The feeling of their reciprocal interdependence can alone prevent them from regarding themselves as entirely irresponsible. Further: it is only in this way that the ruling power can be constrained to perpetuate its search for reason, truth, and justice; that is, for the rule which should govern its action, in order that it may become legitimate. The words of Pascal apply not only to the formation of power, they extend also to its exercise. Here are beings, individual or collective, who are called upon to perform the functions of sovereignty in common, each one under the supervision of his fellows. Do they possess among them, or by the fact of their existence, the right to power? No: they must seek it, they must on every opportunity manifest the truth which they proclaim as law. Isolated and distinct, they are only a multitude; when, after having deliberated and laboured, they find a ground of agreement in a common idea, from whence can proceed one will, then alone will the true unity, which resides in reason, be evolved; then there will be a presumption that the ruling power knows accurately and is well disposed to that legitimate rule which alone confers rightful power. If this work were not enforced, if this laborious and common search for the true law were not the necessary result of the reciprocal independence of the several powers, the end of government would not be attained. All the relations of the four great political powers which constitute, with us, the government (that is, the king, the 80 ELECTION AND PUBLICITY. two houses of parliament, and the electors) are intended to compel them to act in harmony, that is to say, to reduce themselves to unity. The introduction of an elective, that is, a moveable element, into government, is as necessary as a division of forces to prevent the sovereignty from degenerating in the hands of those who exercise it into a full and permanent sovereignty of inherent right. It is therefore the necessary result of a representative government, and one of its principal characteristics. Accordingly we see that actual governments which have aimed at becoming absolute, have always endeavoured to destroy the elective principle. Venice gave a memorable illustration of this tendency, when, in 1319, it conferred an hereditary right on the grand council. In the first age of governments, at the same time that we see power come from above, that is to say, acquire for itself by its superiority, of whatever kind that may be, either ability, riches, or courage, we see it also obliged to make its title recognised by those who can judge it. Election is the mode of this recognition, it is to be found in the infancy of all governments; but it is generally abolished after a time. It is when it reappears with sufficient energy to influence powerfully the administration of society, that a representative government is rising into being. Theoretically, publicity is perhaps the most essential characteristic of a representative government. We have seen that it has for its object to call upon all individuals who possess rights, as well as those who exercise powers, to seek reason and justice, the source and rule of legitimate sovereignty. In publicity consists the bond between a society and its government. Looking, however, at facts, we find that of the elements essential to a representative government, this is the last which is introduced and gains a firm footing. Its history is analogous to that of the elective principle. The Champs de Mars and Mai were held in the open air: many persons were present at them who took no part in the deliberation. The assembly of the Lombards at Pavia took place circumstante immensa multitudine. It is probable that the same publicity attended also the Wittenagemot of the *This event is clearly and minutely related by Daru, in his " His toire de Venise." (Vol. i. pp. 449-464.) PUBLICITY IN ENGLAND. 81 Saxons. When absolute or aristocratic government prevails, publicity disappears. When representative government begins to be formed by election, publicity does not at first enter into its constitution. In England, the House of Commons was for a long time a secret assembly; the first step towards publicity was to cause its acts, addresses and resolutions, to be printed. This step was taken by the Long Parliament under Charles I. Under Charles II. its proceedings again became secret; some individuals demanded, but in vain, the publication of the acts passed by the House, -the demand was resisted as dangerous. It was not till the eighteenth century that visitors were allowed to be present at the sittings of the English Parliament: this is not now granted as a right, and the demand of a single member who appeals to the ancient law, is sufficient to clear the gallery. Publicity has not then been invariably attached to a representative government; but it flows naturally from its principles-it is accordingly won almost necessarily, and may now be regarded as one of its most essential features. This result is owing to the press, which has rendered publicity easy without resorting to tumultuous meetings. We have found the fundamental principle and the exterior and essential characteristics of a representative government; we have learnt what it is that constitutes it and distinguishes it from other governments: we may now pass to its history. We shall take care to admit its existence only where we recognise the presence or the approach of its true principles; and we shall be convinced that its progress has ever been identical with the development of these principles. 82 ORIGIN OF THE FRANKS. LECTURE IX. Primitive institutions of the Franks.-Sketch of the history of the Frankish monarchy-The Franks in Germany. Their settlement in Belgium and in Gaul.-Character and authority of their chiefs after their establishment in the Roman Empire.-Early Frankish chieftains. -Clovis his expeditions, wars, and conquests.-Décisive preponderance of the Franks in Gaul. In order to pursue the object of this course, I now proceed to give a sketch of the Franks similar to that which I have already given of the Anglo-Saxons. I shall study with you their primitive institutions, seek out their leading principle, and compare it with that type of representative government which we have just delineated. But before we enter upon the examination of Frankish institutions, I think it advisable briefly to refer to the leading events in the history of France. The institutions of a people cannot be thoroughly understood without a knowledge of their history. I shall devote this lecture to a view of the establishment of the Frankish monarchy; on a future occasion we will trace its progress under the first and second races of its kings. I shall not now delay to discuss the somewhat uncertain origin of the Franks; there is reason to believe that, in Germany, they did not constitute a separate and homogeneous nation. They were a confederation of tribes settled in the country between the Rhine, the Maine, the Weser, and the Elbe. The Romans seem to have been long ignorant of their existence even after the conquest of Gaul, and history mentions them, for the first time, during the reign of Gordian, about the middle of the third century. A song, composed in celebration of the victories of Aurelian had the following refrain: "Mille Francos, mille Sarmatas, After this period, we find the different tribes of Franks advancing from East to West with rather rapid progress. At the beginning of the fourth century, we meet with the |