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of the magistrate more honorable in proportion as it is more arduous. The difficulty lies in the method of disposing, within the whole, this subordinate whole, in such a way that it may not weaken the general constitution in strengthening its own; that its particular force, intended for its own preservation, may always be kept distinct from the public force, designed for the preservation of the State; and, in a word, that it may always be ready to sacrifice the government to the people, and not the people to the government.

Moreover, although the artificial body of the government is the work of another artificial body, and has in some respects only a derivative and subordinate existence, that does not prevent it from acting with more or less vigor or celerity, from enjoying, so to speak, more or less robust health. Lastly, without directly departing from the object for which it was instituted, it may deviate from it more or less, according to the manner in which it is constituted.

From all these differences arise the different relations which the government must have with the body of the State, so as to accord with the accidental and particular relations by which the State itself is modified. For often the government that is best in itself will become the most vicious, unless its relations are changed so as to meet the defects of the body politic to which it belongs.

CHAPTER II.

THE PRINCIPLE WHICH CONSTITUTES THE DIFFERENT FORMS OF GOVERNMENT.

TO EXPLAIN the general cause of these differences, I must here distinguish the Prince from the government, as I before distinguished the State from the sovereign.

The body of the magistracy may be composed of a greater or less number of members. We said that the ratio of the sovereign to the subjects was so much greater

as the people were more numerous; and, by an evident analogy, we can say the same of the government with regard to the magistrates.

Now, the total force of the government, being always that of the State, does not vary; whence it follows that the more it employs this force on its own members, the less remains for, operating upon the whole people.

Consequently, the more numerous the magistrates are, the weaker is the government. As this maxim is fundamental, let us endeavor to explain it more clearly.

We can distinguish in the person of the magistrate three wills essentially different: first, the will peculiar to the individual, which tends only to his personal advantage; secondly, the common will of the magistrates, which has reference solely to the advantage of the Prince, and which may be called the corporate will, being general in relation to the government, and particular in relation to the State of which the government forms part; in the third place, the will of the people, or the sovereign will, which is general both in relation to the State considered as the whole, and in relation to the government considered as part of the whole.

In a perfect system of legislation the particular or individual will should be inoperative; the corporate will proper to the goverment quite subordinate; and consequently the general or sovereign will always dominant, and the sole rule of all the rest.

On the other hand, according to the natural order, these different wills become more active in proportion as they are concentrated. Thus the general will is always the weakest, the corporate will has the second rank, and the particular will the first of all; so that in the government each member is, firstly, himself, next a magistrate, and then a citizen-a gradation directly opposed to that which the social order requires.

But suppose that the whole government is in the hands of a single man, then the particular will and the corporate will are perfectly united, and consequently the latter is in the highest possible degree of intensity. Now, as it is on the degree of will that the exertion of force depends, and as the absolute power of the government

does not vary, it follows that the most active govern. ment is that of a single person.

On the other hand, let us unite the government with the legislative authority; let us make the sovereign the Prince, and all the citizens magistrates; then the corporate will, confounded with the general will, will have no more activity than the latter, and will leave the particular will in all its force. Thus the government, always with the same absolute force, will be at its minimum of relative force or activity.

These relations are incontestable, and other considerations serve still further to confirm them. We see, for example, that each magistrate is more active in his body than each citizen is in his, and that consequently the particular will has much more influence in the acts of government than in those of the sovereign; for every magistrate is almost always charged with some function of government, whereas each citizen, taken by himself, has no function of sovereignty. Besides, the more a State extends, the more is its real force increased, although it does not increase in proportion to its extent; but, while the State remains the same, it is useless to multiply magistrates, for the government acquires no greater real force, inasmuch as this force is that of the State, the quantity of which is always uniform. Thus the relative force or activity of the government diminishes without its absolute or real force being able to in

crease.

It is certain, moreover, that the dispatch of business is retarded in proportion as more people are charged with it; that, in laying too much stress on prudence, we leave too little to fortune; that opportunities are allowed to pass by, and that owing to excessive deliberation the fruits of deliberation are often lost.

I have just shown that the government is weakened in proportion to the multiplication of magistrates, and I have before demonstrated that the more numerous the people are, the more ought the repressive force to be increased. Whence it follows that the ratio between the magistrates and the government ought to be inversely as the ratio between the subjects and the sovereign; that is, the more

the State is enlarged, the more should the government contract; so that the number of chiefs should diminish in proportion as the number of the people is increased.

But I speak here only of the relative force of the government, and not of its rectitude; for, on the other hand, the more numerous the magistracy is, the more does the corporate will approach the general will; whereas, under a single magistrate, this same corporate will is, as I have said, only a particular will. Thus, what is lost on one side can be gained on the other, and the art of the legislator consists of knowing how to fix the point where the force and will of the government, always in reciprocal proportion, are combined in the ratio most advantageous to the State.

CHAPTER III.

CLASSIFICATION OF GOVERNMENTS.

WE HAVE seen in the previous chapter why the different kinds or forms of government are distinguished by the number of members that compose them; it remains to be seen in the present chapter how this division is made.

The sovereign may, in the first place, commit the charge of the government to the whole people, or to the greater part of the people, in such a way that there may be more citizens who are magistrates than simple individual citizens. We call this form of government DE

MOCRACY.

Or it may confine the government to a small number, so that there may be more ordinary citizens than magistrates; and this form bears the name of ARISTOCRACY. Lastly, it may concentrate the whole government in the hands of a single magistrate from whom all the rest derive their power. This third form is the most common, and is called MONARCHY, or royal government.

We should remark that all these forms, or at least the first two, admit of degrees, and may indeed have a considerable range; for democracy may embrace the whole people, or be limited to a half. Aristocracy, in its turn, may

restrict itself from a half of the people to the smallest number indeterminately. Royalty even is susceptible of some division. Sparta by its constitution always had two kings; and in the Roman Empire there were as many as eight Emperors at once without its being possible to say that the Empire was divided. Thus there is a point at which each form of government blends with the next; and we see that, under three denominations only, the government is really susceptible of as many different forms as the State has citizens.

What is more, this same government being in certain respects capable of subdivision into other parts, one administered in one way, another in another, there may result from combinations of these three forms a multitude of mixed forms, each of which can be multiplied by all the simple forms.

In all ages there has been much discussion about the best form of government, without consideration of the fact that each of them is the best in certain cases, and the worst in others.

If, in the different States, the number of the supreme magistrates should be in inverse ratio to that of the citizens, it follows that, in general, democratic government is suitable to small States, aristocracy to those of moderate size, and monarchy to large ones. This rule follows immediately from the principle. But how is it possible to estimate the multitude of circumstances which may furnish exceptions?

CHAPTER IV.

DEMOCRACY.*

HE THAT makes the law knows better than any one how it should be executed and interpreted. It would seem, then, that there could be no better constitution than one in which the executive power is united with the legislative; but it is that very circumstance which makes a

* Plato treated democracy as a debased form of commonwealth, characterized by an excessive freedom tending to degenerate into license ("Republic » VIII.).-ED.

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