There is no good government but what is republican. That the only valuable part of the British constitution is so; for the true idea of a republic is "an empire of laws, and not of men." That, as a republic is the best of governments, so that particular arrangement of the powers of society, or in other words, that form of government which is best contrived to secure an impartial and exact execution of the law, is the best of republics.
[A] republic . . . [is] a government, in which the property of the public, or people, and of every one of them was secure and protected by law . . . implies liberty; because property cannot be secured unless the man be at liberty to acquire, use or part with it, at his discretion, and unless he have his personal liberty of life and limb, motion and rest, for that purpose.
Thus, experience has ever shown, that education, as well as religion, aristocracy, as well as democracy and monarchy, are, singly, totally inadequate to the business of restraining the passions of men, of preserving a steady government, and protecting the lives, liberties, and properties of the people . . . . Religion, superstition, oaths, education, laws, all give way before passions, interest, and power, which can be resisted only by passions, interest, and power.
A lawyer once told a jury that the person his client stood accused of having killed was about to walk through the courtroom door. When the jurors looked startled, the lawyer asserted that if those jurors had wondered, even for one second that the victim might appear, that belief constituted enough reasonable doubt for them to find his client innocent.
It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, "whether I do good or whether I do evil is immaterial, for innocence itself is no protection," and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
A single assembly will never be a steady guardian of the laws, if Machiavel is right, when he says, Men are never good but through necessity: on the contrary, when good and evil are left to their choice, they will not fail to throw every thing into disorder and confusion. Hunger and poverty may make men industrious, but laws only can make them good; for, if men were so of themselves, there would be no occasion for laws; but, as the case is far otherwise, they are absolutely necessary.
If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
Property must be secured or liberty cannot exist. But if unlimited or unbalanced power of disposing property, be put into the hands of those who have no property, France will find, as we have found, the lamb committed to the custody of the world. In such a case, all the pathetic exhortations and addresses of the national assembly to the people, to respect property, will be regarded no more than the warbles of the songsters of the forest.
Tacitus appears to have been as great an enthusiast as Petrarch for the revival of the republic and universal empire. He has exerted the vengeance of history upon the emperors, but has veiled the conspiracies against them, and the incorrigible corruption of the people which probably provoked their most atrocious cruelties. Tyranny can scarcely be practised upon a virtuous and wise people.
A constitution founded on these principles introduces knowledge among the people, and inspires them with a conscious dignity becoming freemen; a general emulation takes place, which causes good humor, sociability, good manners, and good morals to be general. That elevation of sentiment inspired by such a government, makes the common people brave and enterprising. That ambition which is inspired by it makes them sober, industrious, and frugal.