Other petty commonwealths expelled kings, when they became jealous of their designs, or after having experienced their tyranny; here the hereditary succession of kings was preserved: other states were afraid of the intrigues and cabals of their members in competition for dignities; here solicitation was required as the only condition upon which a place in the senate was obtained. A supreme inquisitorial power was, in the persons of the ephori, safely committed to a few men, who were drawn by lot, and without distinction, from every order of the people: and if a contrast to this, as well as to many other articles of the Spartan policy, be required, it may be found in the general history of mankind.
But Sparta, under every supposed error of its form, prospered for ages, by the integrity of its manners, and by the character of its citizens. When that integrity was broken, this people did not languish in the weakness of nations sunk in effeminacy. They fell into the stream by which other states had been carried in the torrent of violent passions, and in the outrage of barbarous times. They ran the career of other nations, after that of ancient Sparta was finished they built walls, and began to improve their possessions, after they ceased to improve their people; and on this new plan, in their struggle for political life, they survived the system of states that perished under the Macedonian dominion: they lived to act with another which arose in the Achæan league; and were the last community of Greece that became a village in the empire of Rome.
If it should be thought we have dwelt too long on the history of this singular people, it may be remembered, in excuse, that they alone, in the language of Xenophon, made virtue an object of state.
We must be contented to derive our freedom from a different source: to expect justice from the limits which are set to the powers of the magistrate, and to rely for protection on the laws which are made to secure the estate and the person of the subject. We live in societies, where men must be rich, in order to be great; where pleasure itself is often pursued from vanity; where the desire of a supposed happiness serves to inflame the worst of passions, and is itself the foundation of misery; where public justice, like fetters applied to the body, may, without inspiring the sentiments of candour and equity, prevent the actual commission of crimes.
Mankind come under this description the moment they are seized with their passion for riches and power. But their description in every instance is mixed: in the best there is an alloy of evil; in the worst, a mixture of good. Without any establishments to preserve their manners, besides penal laws, and the restraints of police, they derive, from instinctive feelings, a love of integrity and candour, and from the very contagion of society itself, an esteem for what is honourable and praiseworthy. They derive, from their union and joint opposition to foreign enemies, a zeal for their own community, and courage to maintain its rights. If the frequent neglect of virtue, as a political object, tend to discredit the understandings of men, its lustre, and its frequency, as a spontaneous offspring of the heart, will restore the honours of our nature.
In every casual and mixed state of the national manners, the safety of every individual, and his political consequence, depends much on himself, but more on the party to which he is joined. For this reason, all who feel a common interest, are apt to unite in parties; and, as far as that interest requires, mutually support each other.
Where the citizens of any free community are of different orders, each order has a peculiar set of claims and pretensions: relatively to the other members of the state, it is a party; relatively to the differences of interest among its own members, it may admit of numberless subdivisions. But in every state there are two interests very readily apprehended; that of a prince and his adherents, that of a nobility, or of any temporary faction, opposed to the people.
Where the sovereign power is reserved by the collected body, it appears unnecessary to think of additional establishments for securing the rights of the citizen. But it is difficult, if not impossible, for the collective body to exercise this power in a manner that supersedes the necessity of every other political caution.
If popular assemblies assume every function of government; and if, in the same tumultuous manner in which they can, with great propriety, express their feelings, the sense of their rights, and their animosity to foreign or domestic enemies, they pretend to deliberate on points of national conduct, or to decide questions of equity and justice; the public is exposed to manifold inconveniencies; and popular governments would, of all others, be the most subject to errors in administration, and to weakness in the execution of public measures.
To avoid these disadvantages, the people are always contented to delegate part of their power. They establish a senate to debate, and to prepare, if not to determine, questions that are brought to the collective body for a final resolution. They commit the executive power to some council of this sort, or to a magistrate who presides in their meetings. Under the use of this necessary and common expedient, even while democratical forms are most carefully guarded, there is one party of the few, another of the many. One attacks, the other defends; and they are both ready to assume in their turns. But though, in reality, a great danger to liberty arises on the part of the people themselves, who, in times of corruption, are easily made the instruments of usurpation and tyranny; yet, in the ordinary aspect of government, the executive carries an air of superiority, and the rights of the people seem always exposed to encroachment.