The RIGHT CONSTITUTION of a COMMON WEALTH EXAMINED. [Continued from our AN ariitocracy, like tlie Roman senate, be tween the abolition of royalty and the inltitution of the tribunate, is of itfelf a faction, a private partial intereit. Yet it waslefs fotlian an aliem bly annually chosen by the people, and vested with all authority, would be ; for l'uch an aflem bly runs falter and easier into an oligarchy than an hereditary ariltocratical aflembly. The lead ing members having, as has been before shewn in detail, the appointment of judges, and the nomi nation to all lucrative and honorable offices, they have thus the power to bend the whole executive and judicial authority to their own private in tereit, and by tliefe means to increase their own reputations, wealth, and influence, and those of their party, at every new election : whereas, in a simple hereditary ariltocracy, it is the intereit of the members in general to preserve an equality among themselves as long as they can ; and as they are smaller in number, and have more know ledge, they can moreealily unite for that purpose, and there is no opportunity for any one to in crease his power by any annual elections. An aspiring arillocratic therefore mult take more time, and use more address, to augment his in fluence : yet we find in experience, that even hereditary ariltocracies have never been able to prevent oligarchies riling up among them, but by the most rigorous, severe and tyrannical regula tions, l'uch as the institution of inquilitions, &c. It may found oddly to lay that the majority is a fadtion ; but it is, neverthelels, literally just. If the majority are partial in their own favour, if they refufe or deny a perfect equality to every member of the minority, they area faction : and as a popular aflembly, collective or reprei'entative, cannot aCt, or will, but by a vote, the firlt (tep tuey take, if they are not unanimous, occasions a divilion into majority and minority, that is, intd two parties, and the moment the former is unjult itisa faJtion. The Roman decemvirs themselves were let up by the people, not by the senate : much longer time would have been required for an oligarchy to have grown up among the patri cians and in the senate, if the people had not interposed and demanded a body of laws, that is, a conltitution. The senate oppoled the requilition as long as they could but at last appointed the decemvirs, much againll their own inclinations, and merely in compliance with the urgent cla mours of the people. Nedham thinks, that "as " the firlt founders of the Roman liberty did well <£ in driving out their kings; 10, on the other " fide, they did very ill in fettling a standing " authority within themselves." It is really very injudicious, and very ridiculous, to call those Ro man nobles who expelled their kings, founders of the Roman liberty : noteing was farther from their heads or their hearts than national liberty ; it was merely a Itruggle for power between a king and a body of haughty envious nobles ; the intereit of the people and of liberty had no Ihare in it. The Romans might do well in driving out their king : he might be a bad and incorrigible character ; and in such a cafe any people may do well in expelling or depoling a king. But they did not well in dcmolifhing the lingle executive magiltracy : they should have then demanded a body of laws, a definite constitution, and an in tegral lhare in thelegillature for the people, with a prccife delineation of the power of the firlt ma giltiate'and senate. In this cafe they would have been entitled to the praise of founders of Roman liberty : but as it was, they only substituted one fyltein of tyranny for another, and the new one was worse than the old. They certainly " did " very ill in fettling a Itandingfovereigu l'upreine " authority within themselves." Thus far our author is perfectly in the right, andtlie reason he gives for this opinion is very well founded : it is the fame that was given thousands of years before him, by Plato Socrates, and others, and has been conltantly given by all succeeding writers in fa vour of mixed governments, and againlt simple ones, " because, lying open to the temptations of " honor and profit," or, in other words, haying their ambitijn and vanity, avaiiceand lust, hatred and resentment, malice and revenge, in jfliort their felt-love, and all their paifions (" which are " fails too big for any human bulk") unrestrain ed by any controuling power, they were at once transported by them ; made use of their public power not for the good of the commonwealth, but tor the gratification of their private pallions, whereby tliey'put the commonwealth into frequent flames of discontent and fediiion. Thus far is very well : but when our author goes 011, " which " might all have been prevented, could they " have fettled the ltate free, indeed, by placing " an orderly fuccedion of supreme authority in " the hands of th<; people," he can be followed by 110 one who knows what is in man, and in society—because that supreme authority falls out of the whole body into a majority at the firft vote. To exped: fell-denial from men, when they have a majority in their favour, and consequently power to gratify themselves, is to diibelieve all history and universal experience ; it is to tiiibelieve Revelation and the Word of God, which informs us, the heart is deceitful above all things, and desperately wicked. There have been examples of (elf-denial,and will be again; but l'uch exalted virtue never yet exilted in any large body of men and lalted long : and our author's argument re quires it to be proved, not only that individuals, but that nations and majorities of nations, are ca pable not only of a iingle aift, or a few aifts of disinterested justice and exalted felf-denial, but of a course of l'uch heroic virtue for ages and ge nerations ; and not only that they are capable of this, but that it is probable they will pra' ® 1 only on the objects for which 'tis a Iked aucUivl, and if these two things are really °.i ' will rarely be much difficulty in making iw" 6 be believed through the moll sensible part oftl!" commonwealth ; but of these two things e J are not really true, or not really and geneJk beheved, I dont know that a 11 anding army v, u( ,|d be fufhcient to collect the taxes. I ain 0 f 0 • • on their force, authority and influence Hketh conquelb of the British army, would last „ 0 lT germ any place than they staid to fupporti- When ever they ilrall go away, I i mag f„ e the L ; will find that they have left behind themi:ifi n i tt : ly more abhorrence than obedience amon® the people. Though lam clearly of opinion°that there mult exilt an ultimate force or power of compulsion in every effective and good govern ment, yet 'tis plain to me, that such force is ne ver to be put in a judices,have hadfuch a peat rung upon them, that the) now jornt the mojt uncertain and confufed found ima ginable : But so far at they are understood with any precifton, they convey an idea that is almtfi itn'i verfally reprobated—with how much reason will a(- pear, when it is considered that very jew of the hw man race are without those attachments and preju dices ; and if they generally were, the condition of humanity would be altered infinitely for the worse. The truth is, those attachments are interwoven lit the very texture of our natures by the Author of Ex ijtence, and subserve the mo ft valuable and important purposes ; to these we are indebted for the noblejl ex ertions of the human mind, and they prove the fpritl of the fine ft enjoyments of life. There are but few minds so capaciously formed, is to embrace the interests of a large community, in such manner as to enter into all their enjoyments and dif trejfes, with those lively sensations which fyvipathy ex cites for a friend, a family, or a neighbourhood. It" generally true, that in proportion to the txpanfion if what is called the philanthropic principle, in the fane proportion it is faint and inoperative—and a perfo" totally dejlitute of local and partial attachments, viill want the amor patria in the bejl sense of the words. It is not intended by these remarks to advocate a eon trafted and felfifh principle—they are not dejigned to fanftion that local policy, which shuts up the oejt af fections of the heart, and confines every benevolent wish to the spot where we were bom, or to the par ticular circle with which we happen to be more particu larly connelled.—They are dejigned to abate that ardour of spirit which proscribes all partialities and predilections,however jnftjfiable ; for we deceive our- J'eves byf'ppofing that : heje attachments can be anni hilated, or that it wouldJerve any valuable pnrpofe life if they could. As in the genera! administration of human affairs, the be ft interejt of society is promoted by every indivi dual's purfutng with steadiness, andperjeveranc ' their own particular advantage in conformity to the laws--- so the great objects of patriotism are mojt essential'/ advanced, by the attachments which are difcovere ty every person to the state, the country, the town, neighbourhood, the family, &c. with which they are more immediately connefied—this is nature,reafon/' 1 common sense. PubliJhed by JOHN FENNO, No. 9, MA / ID p EN ' Lane, near tlic Ofwcgo-Markct, NeWtYork.—'[3«*