tions of the Constitution, he urges that "a wellknown and settled usage of governing affords the only security against the enormities of uncontrolled dominion." Here, the Constitution is become a valuable reality. In the same manner Paley, after he has said that "an act of parliament can never be unconstitutional, in the strict and proper acceptation of the term," as if startled by the hardihood of his own assertion, adds, "that in a lower sense it may; viz., when it militates with the spirit, contradicts the analogy, or defeats the provisions of the laws made to regulate this form of government." This spirit and this analogy form a large part of what has always been understood by the Constitution.

927. The same thing may be noticed in other passages. Thus Paley asks, "Why is a Frenchman bound, both in law and in conscience, to submit to many things to which an Englishman is not obliged to submit?" He replies, "Because the same act is not the same grievance, where it is agreeable to the constitution, and where it infringes it." "And this," he adds, "is sufficiently intelligible without a Social Compact.' But when he thus explains the case by reference to the Constitution, and to the wrong inflicted by its violation, he approaches very near to the meaning and the language of those who hold the Doctrine of a Social Compact expressed in the Constitution of the Country.

928. Indeed, we may remark in general, that in Paley's mode of treating moral questions, although Expediency is proclaimed as the basis of all Duties, Obligations, and Rights, yet that when these asserted results of Expediency have assumed the forms of Duty, Obligation, and Right, they are forthwith represented as the occasion of affections and sentiments which it would, by most persons, be reckoned absurd to found upon Expediency alone. The ear

nest love of what is right, and indignation at what is wrong, are professed by the disciples of Paley, as feelings in which they, no less than any other men, have a share. Yet how strange does the description of these feelings sound, when translated into the proper phraseology of the school ;-when they are called the "earnest love of what is expedient," and the "indignation at what is inexpedient." The insuf ficiency of the notion of Expediency, as a basis for moral affections and moral sentiments, proves that it is not the true basis of Morality. And this further appears, by the mode in which it is employed by its assertors. While we read Paley's pages, we find, that when he comes to particulars, the things which he treats as Realities, and by reference to which he discusses special cases, are the things which he has rejected in his general discussions ;-Constitution, Supposed Ancient Covenants, Established Usage, National Rights; while the Expediency, which is asserted in general as containing the essence of moral and political philosophy, is put out of sight as an element of discussion, and becomes merely an occasional form of expression.

CHAPTER VII.

NATURAL PROGRESS OF GOVERNMENT.

929. CIVIL Government exists as the necessary condition of man's moral being. It combines the conditions of Order and Freedom; and corresponds to its Idea the more completely, in proportion as it more completely realizes those conditions. In the history

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 surface; 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.

In

932. Such Government therefore cannot unfold the moral nature of man. For this purpose the opposite Principle must be called into action. 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