mmodated to our condition, better understood among us, and more
familiarly and extensively practised, in the higher and in the lower
departments of government, than it has been by any other people. Great
facility has been given to this in New England by the early division of
the country into townships or small districts, in which all concerns of
local police are regulated, and in which representatives to the
legislature are elected. Nothing can exceed the utility of these little
bodies. They are so many councils or parliaments, in which common
interests are discussed, and useful knowledge acquired and communicated.
The division of governments into departments, and the division, again,
of the legislative department into two chambers, are essential
provisions in our system. This last, although not new in itself, yet
seems to be new in its application to governments wholly popular. The
Grecian republics, it is plain, knew nothing of it; and in Rome, the
check and balance of legislative power, such as it was, lay between the
people and the senate. Indeed, few things are more difficult than to
ascertain accurately the true nature and construction of the Roman
commonwealth. The relative power of the senate and the people, of the
consuls and the tribunes, appears not to have been at all times the
same, nor at any time accurately defined or strictly observed. Cicero,
indeed, describes to us an admirable arrangement of political power, and
a balance of the constitution, in that beautiful passage, in which he
compares the democracies of Greece with the Roman commonwealth. "O morem
preclarum, disciplinamque, quam a majoribus accepimus, si quidem
teneremus! sed nescio quo pacto jam de manibus elabitur. Nullam enim
illi nostri sapientissimi et sanctissimi viri vim concionis esse
voluerunt, quae scisseret plebs, aut quae populus juberet; summota
concione, distributis partibus, tributim et centuriatim descriptis
ordinibus, classibus, aetatibus, auditis auctoribus, re multos dies
promulgata et cognita, juberi vetarique voluerunt. Graecorum autem totae
respublicae sedentis concionis temeritate administrantur."[15]
But at what time this wise system existed in this perfection at Rome, no
proofs remain to show. Her constitution, originally framed for a
monarchy, never seemed to be adjusted in its several parts after the
expulsion of the kings. Liberty there was, but it was a disputatious, an
uncertain, an ill-secured liberty. The patrici
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