of different nations, we may discern various successive steps towards these combined conditions of Order and Freedom; and some of these steps it will be proper here to notice.

In the earlier kinds of Government which prevailed in human Society, Order was the leading character, and was regarded as their main purpose. Man had to learn and practise Obedience to Rules, before he could learn to use his Freedom. The first form of Obedience, is Obedience to parents: the first kind of Government, is the Government of the Family. When, by the growth of succeeding generations, the Government of the original Family became the Government of many Families, there came into existence the Patriarchal State, in which the Supreme Authority resided in the Patriarch, the Head of the Original Family. And when the Original Patriarch died, the habit of filial obedience was retained, and the obedience transferred to the new Head of the complex family, however selected. In this kind of Government, we hardly see Freedom as a distinct element; for Freedom of thought is so subdued by Filial Reverence, that it hardly appears as a Principle of action opposed to Rule. Yet under the Patriarchal Rule, we may suppose the members of the Family to have their distinct Rights of Personal Security, Property, Contract, Marriage. And if any wrong were done by one member to another, the Patriarch would be the natural Judge; he would determine who was the wrong doer, and pronounce the sentence of redress or punishment, according to his judgment of the equity of the case; or it might be, according to express Rules, which he had promulgated among his children for their guidance.

930. By the migrations of men in the earliest times, the original families of mankind were separated, and settled in various parts of the earth's sur face; they were divided into races; the races were

again separated into nations, tribes, clans. These nations acquired a property in the territory which they occupied; it may be, according to the appointment of the Patriarchs of the race, dividing the land among their descendants; or it may be, by a series of mutual agreement between the heads of neighbouring tribes, like what is recorded of Abraham and Lot (Gen. xiii., 9): If thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left. The heads of tribes and clans, and other persons also, might, in such a state of things, acquire wealth in cattle, and food, and raiment, and ornaments, and other objects of desire; and might have many followers and servants, obedient to them, because dependant upon them for subsistence or enjoyment. The Natural Rulers of men, in such a state, would be those in whom the remnants of the Patriarchal authority were supported by the inheritance of a large portion of the Patriarchal possessions. An Aristocracy of Birth and Wealth combined, would be the Government of Nations in such a Condition.

931. In such a kind of Government, however little Freedom poor and common men may possess, the Chiefs have considerable Freedom to act, and means of manifesting the difference of character and purpose which prevail among men. The chief of one tribe may make war upon the chief of another; they may lead their followers to battle; may show courage, skill, energy, sagacity, perseverance in war. One Chief may be a Conqueror of many others. He may, by his actions, excite fear, admiration, and enthusiasm. He may be regarded as a Hero; and the empire over men's minds which he thus acquires, may make them submit to him, and obey his Commands. In this case, the Government may be termed Hero Sway. And this Sway may be acquired, not merely by success in war, but by

any of that superiority in overcoming great difficulties and executing great designs which subjugates the minds of other men. Those who are subject to such Government are not free; they are, as it were, fascinated, and their obedience is a kind of Worship.

932. Such Government therefore cannot unfold the moral nature of man. For this purpose the opposite Principle must be called into action. In order that man may be a moral agent, he must not be subjugated and fascinated, but freed and enlightened he must be governed and directed by something, not because he does not understand it, but because he does. He must be directed not by mere external Will, but by intelligible Rule. He must obey, not a creature of superhuman power, but the dictates of our common Human Reason. The Reverence for Ideas must take the place of the Worship of Heroes.

933. It is only when Government assumes this character, that it becomes fitted for man. Man, when his moral faculties are awakened, requires that his Government be just; and submits to it willingly, in proportion as he sees embodied in it this Idea of Justice. He is not satisfied to be ruled by a Hero, except he be also a just Judge. He must have not merely Commands which all obey, but Laws which all observe.

934. But neither is men's Conception of Government satisfied by the abstract Idea of Justice, administered so far as its Rules are universal. In the actual world, we never can have the Idea liberated from the Fact. The History of man, as a series of Facts, must be combined with this conception of Justice, as the rule of his moral being. There will still remain the traces of the original tribes of men, and of the actions of the Heroes who conquered their lands, or founded their cities, or ordained their mode of life. Their Languages will bear the marks of the

Men are

distinctions thus introduced among them. divided into Nations; each Nation has its Speech, its History, its Usages, its Laws, its National Char

acter.

935. A nation requires not merely to have Justice administered, but also to act as a Nation. It must have a Governor to act for it; to foresee, design, execute, on the part of all; as well as to keep each from wronging each. If it be governed by Judges only, it will ask for a King.

The King represents the Nation, both as to Facts and Ideas. He exercises the Will and Power of the Nation, and acts its part in History; and he is also the Source of Justice, the Preserver of Order, the Assertor of Rights, the Punisher of Wrongs.

936. But within the nation also there may remain traces of ancient actual distinctions; which the national union, though it has comprehended and superseded, has not obliterated. Ancient conquerors and heroes, and rich and historical families may have their successors; who continue to retain a portion of the ascendancy over men's minds which belonged to Patriarchs and Heroes at earlier periods; and may also have power from their present wealth.

These

Nobles form a Natural Aristocracy in the Nation. There may be several Ranks and Conditions of persons. The individuals of a Nation are thus distinguished as Noblemen and Common men, Patricians and Plebeians, Rich and Poor, High and Low. But in almost every Nation, there is to some extent or other this Difference of Conditions, or Classes.

937. This Difference of Conditions will enter into the consideration of questions of Right between the members of the Nation. For the Definitions of Rights of all the Citizens are necessarily historical facts: : namely, the historical facts which have established the differences of which we have just spoken. The same series of facts which has made

one field belong to Caius and the next to Titius, has made Caius a Patrician and Titius a Plebeian.

938. This difference of Ranks is accompanied with a difference of Political Rights. The history which has produced Patricians and Nobles, has also, in general left them some portion of the power of Aristocracy. They have some share in the Government. The Government is compounded, variously in various countries, of Aristocracy and Monarchy.

939. Although the King is, as we have said, conceived as the representative of Justice and Order, and the assertor of Rights, the person who is at any time King, becomes so by the course of historical facts, and not by any process which makes him necessarily conformable to the Idea of a King. As a matter of fact, he may be unjust in his judgments between his Subjects, and in his actions towards them. He may take advantage of their habit of obedience, for his own personal gratification. Or he may act, on the part of the nation, in a way which does not at all represent the will of the nation. He may wish to use its power for war, when all his subjects wish for peace; or may neglect the defence of the Country, or the administration of the Laws, or any other National Obligation.

940. In the Cases in which any portion of the government remains in the hands of any other part of the nation, as the Elders, or the Nobles, this portion may be used by them, on the part of the Nation, for the purpose of preventing that neglect of the National Obligations, or Violation of Personal Duties, which the King would otherwise have committed. If, for instance, there be a Senate, without whose consent the King cannot make war or peace; or by which unjust Judges can be punished; such a Senate will be a Check upon the power of the King. It will balance, in some measure, his authority; and may