and women, which are hardly equalled by the Greeks in the Persian wars, when the whole people were animated by inspiring enthusiasm, when William of Orange was at the height of his popularity, when the inhabitants of the country as well as the cities had to contribute all they could spare to defray the exhausting expenses of the war, even then that great man could not induce the cities of Holland, in 1573, to admit. among their large number of representatives at least three from the country, though the farmers of northern Holland alone bore two-thirds of the public charges. They had not a single member in the states.

How long did the English parliament resist all the fairest measures of reform, even though Pitt advocated them! The Spanish cortes in 1812 would allow Mexico no representation; Portugal behaved similarly towards Brazil. How many acts of crying injustice are recorded of Athens against those who depended upon her as allies! As soon as the various religious sects after the Reformation had obtained what they wanted, nearly all of them denied the same to others. In short, whoever gets in likes to lock the door behind him.

4. It is a psychological truth, that all power, however lawful, being resisted, the first feeling in those intrusted with it is not that of regret at this resistance, on account of the object they had in view, but of offence at the opposition itself. This, again, is not peculiar to one set of men or class of society, but without exception true of all. Monarchic power is not more offended at resistance than democratic or parental power.

Many a father who complains of public functionaries on account of their love of power forgets to ask himself at what he feels offended when his child is disobedient; because it disobeys a wise rule he has given? or because it is disobedient. and therefore acts wrong? or because it has disobeyed what the father had ordained? The severity of all early penal laws arose from this source. The idea, the feeling, was, "You have dared to disobey my power, you have rebelled against my authority," not," You have offended against society, acted wrong, because my authority is for the common good."

This is likewise the case when we are justly opposed; for, whatever may be the ground of opposition to us, and though we may have a pretty distinct perception of the right of the opposer, the first feeling is the desire of overcoming the opposition. Few men indeed are ever opposed without at the first moment having the feeling of being wronged; and this extends even to the most atrocious criminal. And as the individual, so the body. Whoever wields the public power feels irritated by opposition, be it ever so peaceful or loyal. Power therefore would overcome everything in its way, if not modified, or, which is the best, if not generated in a manner which insures the least possible danger. This jealousy of opposition is frequently increased by a consciousness of greater weakness than the possessor of power wishes to have others know, or by a suspicion that new or delegated power may not be acknowledged to the full. Alva decreed, July 31, 1571, after much debate and opposition in his own council, a most hateful law, and farther declared that the honor of the king depended upon him, and that every one who opposed him was a fool or a traitor. (Raumer, Letters, etc., i. 179; Thuanus, lib. 20.) The correspondence of Strafford and Laud exhibits the same principles.

5. Man judges first according to his own perceptions, and it requires great skill and much honesty to view matters in the light of others. (See the previous section and note.) If I feel oppressively warm, I say the weather is warm, and believe all must feel oppressed, until I have learned that my body may be in a state in which a comparatively low temperature may produce the sensation of a very high one. Those in power can but with difficulty see things from aboveas those not in power see them from below. It is therefore the history of all governments, all revolutions, that those in power, from whatever part of the people they may have come, judge by their own view as it appears from their seats, as soon as fairly seated in them.'

There is a scene depicted in chap. x. of Mr. Bulwer's Rienzi, so expressive of what happens every day and everywhere, through all spheres of human life,

6. Power imposes; power receives everywhere respect by its own character. However illegally acquired, the great action of power obtains homage. The success of usurpers is in part founded upon this fact; the people revere power; so that usurpation itself becomes a new acquisition to farther usurpation. It is the energy which manifests itself and the capacity of action thus proved which overwhelm the beholder. This is of peculiar importance in its application to the limitation of the executive, the depository of this vast acting and imposing power, and to the independence of the judiciary, which rarely has an opportunity to act brilliantly like the other branches.

7. Even after careful limitations have been established, it will always be possible for those who have power to overstep them and to find aids and abettors. Hardly had parliament abolished the most ruinous monopolies, and declared a principle which may be considered as the germ of the Petition. of Right, in 1623, when James I. sold new monopolies and levied anew arbitrary taxes on commerce, because, as he asserted, the constitution gave him the right to make commercial treaties. Soon after the Petition of Right had been obtained, Charles I. dissolved the parliament, and did not summon another for twelve years, attempting meanwhile by various illegal ways of raising money to supply the needs of the treasury, and thus paving the way for the loss of his life and crown.

Is there not, then, reason enough to limit and retard power and prevent it from growth?

that I feel tempted to quote it. The reader will recollect that a painting was exhibited for the purpose of testing and exciting the Roman people:

"Know you not,' at length said Pandulfo, 'the easy and palpable meaning of this design? Behold how the painter has presented to you a vast and stormy sea-mark how it waves.'

"Speak louder-louder!' shouted the impatient crowd.

"Hush!' cried those in the immediate vicinity of Pandulfo; the worthy Signor is perfectly audible !'"

CHAPTER VIII.

Legitimacy of Governments.-Governments de jure, de facto.-Divine Right.— Legitimacy of Governments with Reference to International Intercourse.-Can the Legitimacy of Government be ascertained by its Origin?—Filmer, Locke, Rousseau, Haller.-The Origin of all States essentially the same; yet Infinity of Circumstances, which influence and modify its Development.-Ancient View on the Origin of Governments.-Aristotle, Polybius.-Various Theories. -Social Contract.-Various Pacta.-Hobbes, his Error.-Theocratic Theory.

LXXXIV. BEFORE the subject of limitation, or, as more fitly it might be called, of moderation of power, is treated, it will be necessary to consider some others. The first is the legitimacy of governments. What is a legitimate government, for which we have claimed power? What are governments de jure, and what de facto?

If nations or states had never been considered the descendible property of the ruler and his family, and the ruler, therefore, something above or without the state, and if people had not been dazzled by the supreme power, mistaking it for the government, and its change for a radical change of the state, while nevertheless such changes may take place with very little essential change in the great bulk of state institutions, as has been said before-the dispute about legitimate governments would not have assumed the character which it actually. has, in spite of all facts which history furnishes. After having settled the true meaning of state, sovereignty, government, public power, and supreme power, it is easier to arrive at a clearer notion of legitimate governments.

Generally speaking, that government is legitimate which exists according to the fundamental laws and usages of the state, ie. the society; or, if these organic laws have been changed, the existing government is legitimate if the people may be considered as acquiescing in it. If the people composing the state are really satisfied, it is perfectly clear that

no one else can doubt the government's legitimacy, for, trite as the truth is, it is still of fundamental importance, that the government is simply and solely for the benefit of the society. But frequently the people are kept in such a state that it is impossible to ascertain whether the people can be considered as acquiescing in it, even if we put the most extensive interpretation upon this word, or whether they will break forth the moment after the demise of the ruler, and destroy his statues, execrating his memory:

"Descendunt statuæ, restemque sequuntur,

Ardet adoratum populo caput, et crepat ingens

Sejanus."

JUVENAL, x. 60, seq.

-a post-mortem censure repeated by the Romans against the pontiffs, for instance, when Pope Paul IV. (Caraffa) died, in 1529, and the people dragged the head with the tiara of his statue through the mire, of which occurrence Mocenigo gives an account (Ranke, Popes, transl., i. 192). Suppose those · who perform these acts are, as in some cases, e.g. under the Roman emperors, they must be considered, the correct exponents of public opinion, all we can say is that the government, the agent of the state, may have committed many illegal acts, as agents of any sort may at times do.

A government may grievously oppress the people for a series of years, and every one who could produce a favorable change might be a public benefactor. So long, however, as the government does exist, so long as the people prefer the oppression to the danger of a change, they must follow the oppressive government. A government fairly established, which includes acquiescence of the people, must be considered as legal, which, however, does not exclude the right or expediency of changing it, inherent in the state or society.

The dispute about the legitimacy of governments is unprofitable, and it is far better to inquire into what are wise or ruinous, sound or rotten, just or unjust governments. The

1* Divine Right. The red republicans, Socialists, etc., demanded it as a condition of being a candidate for election to the chamber in 1850 (in Paris),